Land owners in the Aqwest Operating area have an entitlement to water supply services under the conditions of Aqwest's Operating Licence. Aqwest also has legally imposed duties within this operating licence.
Entitlement to water services
Section 73 of Water Services Act 2012 provides the following statutory entitlement to the provision of water services:
(1) The owner of land in respect of which statutory water service charges apply for the provision of a water service by a licensee is entitled to the provision of the water service.
(2) The owner’s entitlement is subject to —
(a) the terms and conditions of the provision of the service; and
(b) the charges referred to in subsection (1), that are due to the licensee, being paid; and
(c) the provisions of Part 5 of the Act.
Duties of Aqwest
Section 21 of the Water Services Act 2012 imposes the following duties on Aqwest to provide services and do works:
(1) It is a condition of every licence that the licensee —
(a) must provide a water service authorised by the licence to persons entitled to the service under this Act, except to the extent otherwise provided for by this Act; and
(b) if requested to provide a water service authorised by the licence to persons not covered by paragraph (a) but within the operating area or areas of the licence specified for the service — must offer to provide the service on reasonable terms, unless provision of the service is not financially viable or is otherwise not practicable; and
(c) must provide, operate and maintain the water service works specified in the licence for the purposes of section 11(3).
Note for this subsection: Section 73 provides for certain entitlements to the provision of water services.
(2) A licensee may refuse to provide, or may suspend the provision of, a water service to a person entitled to the service under this Act while the person —
(a) unreasonably refuses to comply with a requirement of the licensee relating to the provision of the service; or
(b) unreasonably refuses to enter into an agreement with the licensee about the provision of the service; or
(c) refuses to comply with a prescribed requirement relating to the provision of the service.
(3) A licensee may refuse to provide a water service to a person described in subsection (1)(b) while the person —
(a) unreasonably refuses to comply with a requirement of the licensee relating to the provision of the service; or(b) unreasonably refuses to enter into an agreement with the licensee about the provision of the service; or
(c) refuses to comply with a prescribed requirement relating to the provision of the service.
(4) In relation to a person described in subsection (1)(b), the licensee may suspend the provision of the water service in accordance with the terms and conditions under which the service is provided.
(5) A licensee’s capacity to refuse to provide, or suspend the provision of, a water supply or sewerage service under this section is subject to any restriction on that capacity in the terms and conditions of the licence authorising the provision of the service.
