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386 The Law Handbookto restrict or disconnect the customer’swater supply or initiate debt recoveryprocesses if their account is not paid. Thenotice must also provide the retailer’scontact details and inform the customerof their right to contact EWON• attempt personal contact, either by phoneor mail, or in person (see Sydney Waterand Hunter Water’s Customer Contract).Sydney Water and Hunter Water will advisethe customer of when the disconnection orrestriction will take place.For Gosford Council and Wyong Councilcustomers: If restriction or disconnection isthe result of a failure to pay a bill, noticemust be served:• personally,• by leaving it at the premises, with someonewho appears to work or live at thepremises and is at least 16 years of age,• by mailing it to the owner or occupier’slast known address, or• by affixing it to a conspicuous part of theland or building (WM Reg, cl 208(3)).Limitations on disconnection orrestrictionFor Sydney Water and Hunter Water customers:Sydney Water and Hunter Water will notrestrict or disconnect a customer’s watersupply where:• the customer has failed to pay dueamounts on time and notice requirementshave not been met (see Notice requirementsbefore restriction or disconnectionabove)• the retailer has not provided the customerwith reasonable opportunity to pay theaccount• water supply is required for a life supportmachine or other special needs• the retailer has not advised the tenantthat they may be able to pay the outstandingcharges and deduct the amountfrom the rent payable to the owner of thepremises• there is a complaint being considered bySydney Water, Hunter Water or EWON• the customer is experiencing financialdifficulty and has entered into (and iscomplying with) a payment plan (seeHardship and concessions schemes at[11.630])• the customer has notified the retailer thatthey have sought assistance under thePAS scheme and that assistance is imminent(see Hardship and concessionsschemes at [11.630])• it is a Friday, weekend, public holiday orthe day before, or after 3pm on a weekday(2pm for Hunter Water).Sydney Water or Hunter Water customerswho have complaints related to restrictionor disconnection should contact their waterretailer in the first instance or EWON if theyare not satisfied with their retailer’s response(see Making a complaint at [11.720]).For Gosford Council and Wyong Councilcustomers: Information about disconnectionor restriction is available via the councils’websites or by contacting the councilsdirectly. Tenants and property owners livingwithin Gosford or Wyong Local GovernmentAreas who have complaints related torestriction or disconnection should contacttheir water supplier in the first instance.Gosford Council customers can contactEWON if they are not satisfied with theirsupplier’s response, and Wyong Councilcustomers can contact the NSW Ombudsman(see Making a complaint at [11.720]).[11.650] Powers of entrySydney Water and Hunter WaterSydney Water and Hunter Water are authorisedto enter private land in specific circumstancesfor:• maintaining water and sewer systems• ascertaining whether a customer contractis being breached• restricting or disconnecting water supplyif amounts on the account are unpaid (seeDisconnection or restrictions of supply at[11.640])• carrying out work required by the operatinglicence, such as work to maintainwater quality• reading meters• making a valuation or assessment of theusage of the land or of any building onthe land
11 Consumers 387• rectifying defective or improper workthat has not been rectified under a noticeserved by the supplier• finding the source of pollution of watersupplied by the distributor (SW Act, s 38;HW Act, s 20).Entry must be made in daylight hoursexcept in cases of emergency. Authorisedpersons should carry identification withthem that must be produced at the requestof the occupier of the property. They mustuse no more force than is reasonably necessaryto gain entry (SW Act, s 40(2); HW Act,s 21(2)).Notice of entry must be provided inwriting to the owner or occupier, unless theentry is with the consent of the owner oroccupier, in an emergency situation, or toread a meter (SW Act, s 40(1); HW Act,s 21(1)).In exercising powers of entry, SydneyWater and Hunter Water are obliged to doas little damage as practicable and removeall rubbish and equipment brought onto theproperty. Customers who suffer damage inthe exercise of entry powers are entitled tocompensation (SW Act, s 41; HW Act, s 22).Customers who believe their rights havebeen breached should complain to SydneyWater or Hunter Water in the first instance,or to EWON if their supplier’s response isunsatisfactory (see Making a complaint at[11.720]).Sydney Catchment AuthorityCustomers who reside in the Sydney catchmentarea should note that the SydneyCatchment Authority is also authorised toenter and occupy land or a building for:• maintaining and improving current orextending new facilities• ascertaining whether an offence has beencommitted, such as the pollution of watersupply• finding and removing a source of pollutionin a catchment area (SWCM Act,s 55(1)).Except in emergencies, these powers mustonly be exercised in daylight hours andprior written notice of the intention to enterproperty on a specified day(s) must be givento the owner or occupier, except:• in emergencies• where the owner or occupier consents tothe entry, or• where giving notice would defeat thepurpose of exercising the powers of entry(SWCM Act, s 57).In exercising powers of entry, the SydneyCatchment Authority is obliged to do aslittle damage as practicable (SWCM Act,s 58(1)) and must not remove any materialexcavated from the land unless:• the materials removal is necessary forascertaining if an offence has beencommitted• the owner consents to the materials removal(SWCM Act, s 55(2)).Customers who suffer damage as a result ofthe exercise of entry powers are entitled tocompensation (SWCM Act, s 58).Gosford/Wyong Councils' WaterAuthorityIn addition to general powers of entry givento Gosford Council and Wyong Councilunder the Local Government Act 1993(ss 191–201), the Gosford/Wyong Councils’Water Authority is authorised to enter privateland in specific circumstances for:• maintaining water and sewer systems• carrying out authorised work• reading meters (WM Act, s 296).These powers must generally be exercised indaylight hours. In exercising powers ofentry, Gosford/Wyong Councils’ Water Authorityis obliged to do as little damage aspracticable. Customers who suffer damagein the exercise of entry powers are entitledto compensation (WM Act, s 296(5)(b)).Customers who believe their rights havebeen breached should complain to GosfordCouncil or Wyong Council in the firstinstance. Gosford Council customers cancontact EWON if they are not satisfied withtheir supplier’s response, and Wyong Councilcustomers can contact the NSW Ombudsman(see Making a complaint at [11.720]).
Page 1 and 2: The Law HandbookYOUR PRACTICAL GUID
Page 3 and 4: 11ConsumersRachael Dobson Macquarie
Page 5 and 6: 11 Consumers 349[11.10] Consumer pr
Page 7 and 8: 11 Consumers 351(b) it is not reaso
Page 9 and 10: 11 Consumers 353consumer guarantees
Page 11 and 12: 11 Consumers 355loss or damage suff
Page 13 and 14: 11 Consumers 357sold and the distan
Page 15: 11 Consumers 359not transfer money
Page 18 and 19: 362 The Law Handbookcourt. If an or
Page 20 and 21: 364 The Law HandbookIf a customer d
Page 22 and 23: 366 The Law Handbook• if the tran
Page 24 and 25: 368 The Law HandbookAustralian Ener
Page 28 and 29: 372 The Law Handbookmedical conditi
Page 30 and 31: 374 The Law HandbookA customer may
Page 32 and 33: 376 The Law Handbook[11.500] Powers
Page 34 and 35: 378 The Law HandbookA further five
Page 36 and 37: 380 The Law HandbookMetering and bi
Page 38 and 39: 382 The Law Handbookchooses to acce
Page 40 and 41: 384 The Law Handbookand stormwater
Page 44 and 45: 388 The Law Handbook[11.660] Interf
Page 46 and 47: 390 The Law HandbookFor Hunter Wate
Page 48 and 49: 392 The Law Handbook[11.700] Public
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Page 52 and 53: 396 The Law Handbookconsumer choose
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Page 56 and 57: 400 The Law HandbookThe consumer mu
Page 58 and 59: 402 The Law Handbookgenuine and let
Page 60 and 61: 404 The Law Handbookthat decision,
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