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In forceAmended2004 Revised Edition

40BA. Specified consumer

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Amended

Last amended by an amending law of 2019.

(1)

A consumer is, for any year (T), a specified consumer in accordance with this regulation.

(2)

A consumer is, for year T, a specified consumer for a site if —

(a)

at any time in year T – 1, the consumer held one or more water accounts with the Board for water supplied by the Board to the site;

(b)

the water was used in connection with any business activity carried out at the site (whether or not by the consumer); and

(c)

in year T – 1, the volume in aggregate of water supplied at the site under the water account or water accounts attained the water use threshold (or higher).

(3)

A consumer is, for year T, a specified consumer for 2 or more sites if —

(a)

at any time in year T – 1, the consumer held 2 or more water accounts with the Board for water supplied by the Board to those sites;

(b)

the water was used in connection with the same type of business activity carried out at the sites by the consumer (whether or not the consumer carried on any other type of business activity at any of those sites); and

(c)

in year T – 1, the volume in aggregate of water supplied at the sites under the water accounts attained the water use threshold (or higher).

(4)

Each of 2 or more consumers is, for year T, a specified consumer for a site if —

(a)

at any time in year T – 1, the consumers each held one or more water accounts with the Board for water supplied by the Board to the site;

(b)

the water was used in connection with the same type of business activity carried out at the site by each of the consumers (whether or not any of the consumers carried on any other type of business activity at the site); (c)in year T – 1, the volume in aggregate of water supplied at the site under the water accounts to the consumers attains the water use threshold (or higher); and

(d)

the Board notifies the consumers in writing that sub‑paragraphs (a), (b) and (c) apply to them for year T – 1.

(5)

Where (but for this paragraph) paragraph (2), and paragraph (3) or (4), apply to a consumer, then the consumer is a specified consumer only under paragraph (3) or (4), as the case may be.

Subregulation 1

A consumer is, for any year (T), a specified consumer in accordance with this regulation.

Subregulation 2

A consumer is, for year T, a specified consumer for a site if —

(a)

at any time in year T – 1, the consumer held one or more water accounts with the Board for water supplied by the Board to the site;

(b)

the water was used in connection with any business activity carried out at the site (whether or not by the consumer); and

(c)

in year T – 1, the volume in aggregate of water supplied at the site under the water account or water accounts attained the water use threshold (or higher).

Subregulation 3

A consumer is, for year T, a specified consumer for 2 or more sites if —

(a)

at any time in year T – 1, the consumer held 2 or more water accounts with the Board for water supplied by the Board to those sites;

(b)

the water was used in connection with the same type of business activity carried out at the sites by the consumer (whether or not the consumer carried on any other type of business activity at any of those sites); and

(c)

in year T – 1, the volume in aggregate of water supplied at the sites under the water accounts attained the water use threshold (or higher).

Subregulation 4

Each of 2 or more consumers is, for year T, a specified consumer for a site if —

(a)

at any time in year T – 1, the consumers each held one or more water accounts with the Board for water supplied by the Board to the site;

(b)

the water was used in connection with the same type of business activity carried out at the site by each of the consumers (whether or not any of the consumers carried on any other type of business activity at the site); (c)in year T – 1, the volume in aggregate of water supplied at the site under the water accounts to the consumers attains the water use threshold (or higher); and

(d)

the Board notifies the consumers in writing that sub‑paragraphs (a), (b) and (c) apply to them for year T – 1.

Subregulation 5

Where (but for this paragraph) paragraph (2), and paragraph (3) or (4), apply to a consumer, then the consumer is a specified consumer only under paragraph (3) or (4), as the case may be.

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