57General exemptions

1. The chief executive may exempt a drinking water supplier or class of drinking water supplier from compliance with the following requirements in this Act:

2. to supply safe drinking water (see section 21):
3. to comply with drinking water standards (see section 22):
4. to take reasonable steps to provide aesthetically acceptable drinking water (see section 24):
5. to provide a sufficient quantity of drinking water to consumers at each point of supply (see section 25):
6. to protect against the risk of backflow (see section 27):
7. requirements relating to end-point treatment (see section 28):
8. to have a drinking water safety plan (see section 30):
9. to keep records (see section 37):
10. to provide information to consumers and have a consumer complaints process (see section 38).

Example

A person who supplies drinking water at backcountry huts or isolated campsites in a district, where it is impractical to provide safe drinking water and water may have to be boiled, could be exempted from requirements under a class exemption.

11. An exemption must exempt a drinking water supplier, or class of supplier, from 1 or more of the requirements described in subsection (1).

12. The chief executive may grant an exemption under this section—

13. on the chief executive’s own volition; or
14. after receiving an application for the exemption (which application must be accompanied by the prescribed fee, if any).

15. However,—

16. the scope of the exemption must be no broader than is reasonably necessary in the circumstances; and
17. the chief executive must not grant an exemption on their own volition unless satisfied that the exemption is consistent with the purpose of exemptions (see section 58A).

18. The chief executive must not grant an exemption unless—

19. satisfied that the exemption is consistent with the main purpose of this Act (other than the duty to have a drinking water safety plan); and
20. for an exemption in respect of a class of drinking water supplier, the chief executive has consulted the public in accordance with section 53(2) and (3).

21. The chief executive may grant the exemption on any conditions that the chief executive thinks fit.

22. Without limiting the power in subsection (5), the conditions may include a requirement—

23. that the drinking water supplier take appropriate measures to minimise the risk to public health; and
24. that the drinking water supplier take appropriate measures to warn consumers of the need to boil any drinking water from the water supply before it is consumed, including requirements about appropriate signs at taps; and
25. relating to the composition of the drinking water; and
26. to monitor the quality of the drinking water; and
27. that, where land is supplied with drinking water, the exemption and any conditions will be notified by the Water Services Authority to the relevant territorial authority for inclusion on the land information memorandum.

28. An exemption may continue in force for not more than 15 years (and at the close of the date that is 15 years after the exemption first comes into force, the exemption must be treated as having been revoked unless it is sooner revoked or expires).

29. An exemption granted under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

30. The chief executive’s reasons for granting the exemption must be published with the exemption.