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390 The Law HandbookFor Hunter Water customers:• If a customer experiences three or moreplanned interruptions in a financial year,each exceeding five hours in duration, thecustomer is entitled to a rebate of 15kL tobe applied to their next bill• If a customer experiences an unplannedinterruption for over five hours between5am and 11pm, the customer is entitled toa rebate of 15kL to be applied to theirnext bill. The same entitlement applieswhere a customer experiences three ormore unplanned interruptions between5am and 11pm in a financial year, eachlasting more than one hour in duration.Water pressureSydney Water supplies water at a minimumpressure of 15 metres head at the point ofconnection with the customer’s system (seeResponsibility for maintenance at [11.670]above). Hunter Water supplies water at aminimum pressure of 20 metres head.For Sydney Water customers: If water issupplied at less than 15 metres head at thepoint of connection for a continuous periodof 15 minutes, customers are entitled to arebate of 10% of their quarterly waterservice charge (subject to a minimum paymentof $30).For Hunter Water customers: If water issupplied at less than 15 metres head at thepoint of connection on more than fiveoccasions within a financial year due to afailure of Hunter Water’s system, customersare entitled to a rebate of 15kL to be appliedto their next bill.Water qualityDrinking water must comply with the AustralianDrinking Water Guidelines developedby the National Health and Medical ResearchCouncil (NHMRC).Dirty waterIf customers are not supplied clean watersuitable for normal domestic purposes, theymay be eligible for rebates or compensation.Customers should contact Sydney Water orHunter Water to investigate.For Sydney Water customers: If the cause ofdirty water is the fault of Sydney Water,customers may be eligible to a rebate of $20or twice the value of the average maximumdaily consumption of the customer’s property(whichever is greater).For Hunter Water customers: If the cause ofdirty water is the fault of Hunter Water,customers may be eligible to compensationfor damage caused by the dirty water or arefund of the costs associated with flushingthe customer’s water system.Contaminated waterIf NSW Health issues a “boil water” alertdue to a contamination of drinking watercaused by Sydney Water or Hunter Water,Sydney Water customers are entitled to arebate of $30 and Hunter Water customersare entitled to a rebate of 15kL to be appliedto their next bill.Recycled waterSydney Water and Hunter Water may supplyrecycled water to a customer under aseparate agreement. Both suppliers will giveinformation on the appropriate use of recycledwater.[11.680] Rural and regional consumersRural and regional customers should con-tact their water supplier for policies concerning:• billing, including concerns about paymentdifficulties or disputed high billsThe majority of local councils in rural andregional NSW exercise water supply functionsunder Chapter 6 Part 3 Division 2 ofthe Local Government Act 1993.
11 Consumers 391• the disconnection and restriction of watersupply, including under what circumstancescustomers will be given notice• hardship and concession schemes, includingpensioner rebates, payment plans(including Centrepay for Centrelink customers)and other rebates and hardshipschemes• meter reading and testing arrangements• powers of entry onto customers’ property• service and maintenance obligations, includingthe division of responsibilitiesbetween the water supplier and the customerfor the maintenance of water andsewerage systems• precautions that should be taken to avoiddamaging the supplier’s water or sewersystem, particularly before commencingbuilding or landscaping work or plantingtrees• the performance of the water supplierwith regard to measures of water supply,pressure, and quality and rates of compliancewith the Best-Practice Management ofWater Supply and Sewerage Guidelines• any special health needs that requirespecific water supply arrangements.Rural and regional customers who havecomplaints relating to water or sewerageservices provided by local government authoritiesshould be directed to the relevantcouncil in the first instance, or the NSWOmbudsman if they are not satisfied withthe council’s response. However, EssentialEnergy customers (in the Broken Hill region)can make a complaint to EWON ifthey are not satisfied with Essential Energy’sresponse.[11.690] TenantsPrivate housing tenantsWater accounts are always in the name ofthe property owner. Private tenants are notresponsible for paying the service chargeson the water bills issued to the owner oftheir rental premises but may be responsiblefor the water usage charges if the ownerchooses to pass them on. Before a tenant isresponsible, the premises must be separatelymetered, they must contain water efficiencymeasures, and the charge may not exceedthe charge made to the landlord. A tenantmust receive the benefit of any rebate paidto the landlord. A landlord who pays thecharge may seek to recover the paymentmade, within time limits (Residential TenanciesAct 2010 (NSW) s 39).Where an account is overdue, SydneyWater and Hunter Water are required toissue notices warning of an impendingrestriction or disconnection (see Notice requirementsbefore restriction or disconnectionfor non-payment under [11.640]).Sydney Water and Hunter Water will issuereminder notices to the property owner, andfinal or disconnection warning notices toboth the tenant and property owner. If alandlord fails to pay an account on time andthe tenant is facing disconnection or restrictionof their water supply, the tenant shouldimmediately contact their landlord or estateagent to discuss the matter. If this provesunsuccessful, the tenant can contact NSWFair Trading or the Tenants’ Union for moreinformation. If the tenant is at immediaterisk of having their water supply restrictedor disconnected, or if this has alreadyoccurred, they can contact the Energy &Water Ombudsman NSW (EWON) forassistance.The tenant is allowed under law to paythe unpaid water bills of the property ownerand to deduct this from their rent (HW Act,s 41, SW Act, s 62). Sometimes a lease mayrequire tenants to pay the water usagecharges, however the property owner is stillresponsible for service charges.
Page 1 and 2: The Law HandbookYOUR PRACTICAL GUID
Page 3 and 4: 11ConsumersRachael Dobson Macquarie
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