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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
A BILL FOR
An Act to facilitate planning in connection with water demand and supply;
to regulate the water industry, including by providing for the establishment of
a licensing regime and providing for the regulation of prices, customer service
standards, technical standards for water and sewerage infrastructure and
installations and plumbing, and by providing performance monitoring of the water
industry; to provide for other measures relevant to the use and management of
water; to make amendments to various related Acts; to repeal the Sewerage
Act 1929, the Water
Conservation Act 1936 and the Waterworks
Act 1932; and for other purposes.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Objects
4Interpretation
5Interaction with other
Acts
Part 2—Water
planning
6Water planning
Division 1—Functions and powers of
Commission
7Functions and powers of
Commission
Division 2—Technical
Regulator
8Technical Regulator
9Functions of Technical
Regulator
10Delegation
11Technical Regulator's power to require
information
12Obligation to preserve
confidentiality
13Annual report
Division 3—Advisory
committees
14Consumer advisory committees
15Technical advisory
committee
16Other advisory committees
Division 1—Declaration as regulated
industry
17Declaration as regulated
industry
Division 2—Licensing of water
industry entities
18Requirement for licence
19Application for
licence
20Consideration of application
21Licences may be held
jointly
22Authority conferred by licence
23Term of
licence
24Licence fees and returns
25Licence
conditions
26Third party access regime
27Offence to
contravene licence conditions
28Variation of licence
29Transfer of licence
30Consultation with
consumer bodies
31Notice of licence decisions
32Surrender of
licence
33Suspension or cancellation of
licences
34Register of licences
Division 3—Price
regulation
35Price
regulation
Division 4—Standard terms and
conditions for retail services
36Standard terms and conditions for retail
services
Division 5—Commission's
powers to take over operations
37Power to take over operations
38Appointment of
operator
Division 6—Related
matters
39Ministerial directions
Part 5—Powers and
duties relating to land and infrastructure
Division 1—Water industry
officers
40Appointment of water industry
officers
41Conditions of appointment
42Identity
cards
Division 2—Management of land and
infrastructure
43Power to enter land to conduct
investigations
44Power to carry out work on land
45Acquisition of
land
46Infrastructure does not merge with
land
47Requirement to connect to
infrastructure
Division 1—Protection
of infrastructure, equipment and services
48Encroachments
49Protection of infrastructure and
equipment
50Notice of work that may affect water/sewerage
infrastructure
51Duty to give notice before
paving a road etc
52Unlawful abstraction,
removal or diversion of water or sewage
53Water meters
54Discharge of unauthorised material into
water infrastructure
55Discharge of unauthorised material into
sewerage infrastructure
56Work to be carried out by owner at requirement
of water industry entity with respect to sewerage infrastructure
57Power to disconnect
drains or to restrict services
Division 2—Protection and use of
water supply
58Power to restrict or discontinue water
supply
59Power to require the use of devices to reduce
flow
60Power to test and protect water
Division 3—Powers in relation to
infrastructure and installations
61Entry to land and related powers
62Disconnection etc if
entry refused
63Disconnection in an emergency
64Special legislation
not affected
Part 7—Technical
and safety issues
65Standards
66Performance of regulated work
67Responsibilities of
water industry entity
68Responsibilities of customers
69Prohibition of sale
or use of unsuitable items
70Public warning statements about unsuitable
components, practices etc
Division 1—Appointment of authorised
officers
71Appointment of authorised officers
72Conditions of
appointment
73Identity cards
Division 2—General
powers of authorised officers
74Power of entry
75Inspection powers
Division 3—Specific powers in
relation to infrastructure and equipment
76Disconnection of supply
77Power to make
infrastructure etc safe
Division 4—Related
matters
78Power to require information or
documents
79Enforcement notices
80Self-incrimination
81Warning notices and
assurances
82Injunctions
Part 9—Reviews and
appeals
83Review of decisions by
Commission or Technical Regulator
84Appeals
85Minister's power to intervene
Part 10—Miscellaneous
86Minister's power to
require information
87Delegation by Minister
88Consultation between
agencies
89Seizure and dismantling of
infrastructure
90Water conservation measures
91Save the River
Murray levy
92Save the River Murray Fund
93Immunity
94Impersonation of
officials etc
95Obstruction of officials etc
96Fire
plugs
97Obstruction of works by occupiers
98False or misleading
information
99Offences
100General defence
101Offences by bodies
corporate
102Continuing offences
103Order for payment of profit
from contravention
104Statutory declarations
105Power of
exemption
106Application and issue of warrant
107Urgent
situations
108Evidence
109Service
110Ventilators
111Regulations
Schedule 1—Appointment
and selection of experts for District Court
Schedule 2—Related
amendments, repeals and transitional provisions
Part 1—Related
amendments
1Amendment provisions
Part 2—Amendment of
Development Act 1993
2Amendment of section 33—Matters against
which development must be assessed
Part 3—Amendment of
Essential Services Commission Act 2002
3Amendment of
section 31—Review by Commission
Part 4—Amendment of
Local Government Act 1999
4Amendment of section 155—Service
rates and service charges
Part 5—Amendment of
Natural Resources Management Act 2004
5Amendment of
section 82—Time for implementation of plans
6Amendment of
section 88—Associated Ministerial consents
7Amendment of
section 150—Transfer of water licences
8Amendment of
section 157—Transfer of water allocations
9Amendment of
section 164K—Transfer of delivery capacity entitlements
10Amendment of
section 173—Water recovery and other rights subject to board's
functions and powers
Part 6—Amendment of
Rates and Land Tax Remission Act 1986
11Amendment of
section 3—Interpretation
12Amendment of section 4—Remission
of rates
13Amendment of Schedule 1
Part 7—Amendment of
Real Property Act 1886
14Amendment of
section 223LA—Interpretation
15Amendment of section 223LG—Service
easements
Part 8—Amendment of
South Australian Water Corporation Act 1994
16Amendment of
section 4—Interpretation
17Insertion of sections 18A to
18D
18AEntry onto land of
the Corporation
18BPower to lease
infrastructure
18CRecovery of amounts due to
Corporation
18DPower
to sell land
Part 10—Transitional
provisions
Division 1—Preliminary
19Preliminary
Division 2—Special
provisions relating to repeal of Sewerage Act 1929
20Interpretation
21Rates—transitional
financial year
22Rates—related provisions
23Notices and
authorisations
24Vesting of undertaking in SA Water
25Capital
contribution where capacity of undertaking increased
26Authorisation to discharge
material into sewerage infrastructure
27Requirement to carry out work
28Power to disconnect
drains
29Exemption
Division 3—Special
provisions relating to repeal of Water Conservation
Act 1936
30Interpretation
31Rates and
charges—transitional financial year
32Water rates—related
provisions
33Notices and authorisations
34Land etc vested in
Minister
35Agreements to bind subsequent owners and
occupiers
36Water conservation reserves
Division 4—Special
provisions relating to repeal of Waterworks Act 1932
37Interpretation
38Rates and
charges—transitional financial year
39Rates and charges—related
provisions
40Notices and
authorisations
41Vesting of waterworks etc in
SA Water
42Fire plugs and pipes
43Exemption
44Capital
contribution where capacity of waterworks increased
Division 5—Other
matters
45Approved schemes
46References to rates
47Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Water Industry Act 2011.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Sections 18 and 26 must be brought into operation on the same
day.
The objects of this Act are—
(a) to promote planning associated with the availability of water within
the State to respond to demand within the community; and
(b) to promote efficiency, competition and innovation in the water
industry; and
(c) to provide mechanisms for the transparent setting of prices within the
water industry and to facilitate pricing structures that reflect the true value
of services provided by participants in that industry; and
(d) to provide for and enforce proper standards of reliability and quality
in connection with the water industry, including in relation to technical
standards for water and sewerage infrastructure and installations and plumbing;
and
(e) to protect the interests of consumers of water and sewerage services;
and
(f) to promote measures to ensure that water is managed wisely.
(1) In this Act, unless the contrary intention appears—
adjacent land, in relation to other land, means land that
abuts on the other land;
authorised officer means a person appointed under
Part 8 as an
authorised officer;
Commission means the Essential Services Commission
established under the
Essential
Services Commission Act 2002;
condition includes a limitation or restriction;
connection point means—
(a) the point at which a customer's pipes connect with any water
infrastructure or sewerage infrastructure; or
(b) in any prescribed circumstances—such other point as may be
prescribed by the regulations;
consumer means a person supplied with retail services as a
consumer or user of those services;
contravention includes a failure to comply;
council means a council within the meaning of the Local
Government Act 1999;
customer means a person who owns land in relation to which a
retail service is provided and includes—
(a) where the context requires, a person seeking the provision of a retail
service; and
(b) in prescribed circumstances—a person supplied with retail
services as a consumer or user of those services (without limiting the
application of this definition to owners of land); and
(c) a person of a class declared by the regulations to be
customers;
designated customers—see
subsections (2)
and
(3);
District Court means the Administrative and Disciplinary
Division of the District Court;
draining work means the installation, alteration, repair,
maintenance or disconnection of sanitary drains;
drains—a drain may include a pressurised system for the
removal of sewage;
equipment includes—
(a) pipes, fittings and apparatus; and
(b) any component of any equipment;
Health Department means the administrative unit of the Public
Service that is, under a Minister, responsible for the administration of the
South
Australian Public Health Act 2011;
industry ombudsman scheme means the scheme applying for the
purposes of section 25(1)(h);
infrastructure includes—
(a) pipes, conduits and associated fittings and apparatus;
(b) pumping stations;
(c) storage tanks;
(d) bores and wells;
(e) dams, reservoirs and wetlands;
(f) embankments, walls, channels, drains, drainage holes or other forms of
works or earthworks;
(g) treatment facilities;
(h) testing or monitoring equipment;
(i) roads and other works to provide for the movement of vehicles or
equipment or to provide access to land, works or other forms of
infrastructure;
(j) bridges and culverts;
(k) buildings and structures;
(l) components of any infrastructure;
(m) other items brought within the ambit of this definition by the
regulations;
land includes—
(a) an estate or interest in land (including an easement); or
(b) a right or power over or in respect of land;
Minister's Department means the administrative unit of the
Public Service that is, under the Minister, responsible for the administration
of this Act;
occupier of land or a place means a person who has, or is
entitled to, lawful possession or control of the land or place;
owner of land means—
(a) if land is unalienated Crown land—the Crown; or
(b) if the land is alienated from the Crown by grant in fee
simple—the owner of the estate in fee simple; or
(c) if the land is held from the Crown by lease or licence—the
lessee or licensee,
and includes an occupier of the land;
plumbing means—
(a) water plumbing work, sanitary plumbing work or draining work on the
customer's side of any connection point; or
(b) any other work brought within the ambit of this definition by the
regulations;
retail service means a service constituted
by—
(a) the sale and supply of water to a person for use (and not for resale
other than in prescribed circumstances (if any)) where the water is to be
conveyed by a reticulated system; or
(b) the sale and supply of sewerage services for the removal of
sewage,
(even if the service is not actually used) but does not include any
service, or any service of a class, excluded from the ambit of this definition
by the regulations;
road means a street, road or thoroughfare to which public
access is available on a continuous or substantially continuous basis by the use
of vehicles or as pedestrians or both and includes—
(a) a bridge, viaduct or subway; or
(b) an alley, laneway or walkway;
sanitary drain means pipes and equipment to collect and
convey sewage from a sanitary plumbing installation to an on-site treatment
facility or a sewerage or effluent disposal system;
sanitary plumbing work means the installation, alteration,
repair, maintenance or disconnection of pipes or equipment to receive and convey
sewage to sanitary drains (including associated plumbing ventilation
equipment);
SA Water means South Australian Water Corporation
established under the
South
Australian Water Corporation Act 1994;
sewage includes any form of waste that may be appropriately
removed or dealt with through the use of a sewerage service;
sewerage infrastructure means—
(a) any infrastructure that is, or is to be, used for—
(i) the collection or storage of sewage and includes the connection point;
or
(ii) the conveyance or reticulation of sewage; or
(iii) the treatment of sewage, including any outfall pipe or other work
that stores or conveys water leaving infrastructure used for the treatment of
sewage; or
(b) any other infrastructure used in connection with sewage and brought
within the ambit of this definition by the regulations,
but does not include—
(c) any pipe, fitting or apparatus that is situated upstream of a
customer's connection point; or
(d) infrastructure situated entirely within one site and not connected to
any other infrastructure situated within another site; or
(e) any other infrastructure used in connection with sewage that is
excluded from the ambit of this definition by the regulations;
sewerage service means—
(a) a service constituted by the collection, storage, treatment or
conveyance of sewage through the use of a reticulated system; or
(b) any other service, or any service of a class, brought within the ambit
of this definition by the regulations;
site means an area of land constituting a single land
holding;
stormwater drain means pipes and equipment to collect and
convey stormwater to a public stormwater disposal system;
Technical Regulator means the person holding the office of
Technical Regulator under
Part 3;
water includes rainwater, stormwater, desalinated water,
recycled water and water that may include any material or impurities, but does
not include sewage;
water industry means any operations associated with the
provision of water services or sewerage services;
water industry entity means—
(a) a person licensed under
Part 4; or
(b) a person recognised by the Minister under
subsection (4) as a
water industry entity for the purposes of this Act,
and includes (where the context requires) a person who has been licensed
under
Part 4 whose licence
has been suspended or cancelled or has expired or a person who is to be treated
as a water industry entity under the regulations;
water industry officer means a person appointed under Part 5
as a water industry officer;
water infrastructure means—
(a) any infrastructure that is, or is to be, used for—
(i) the collection or storage of water, including a dam or reservoir, a
water production plant or a wetland; or
(ii) the treatment of water; or
(iii) the conveyance or reticulation of water and includes the connection
point; or
(b) any other infrastructure used in connection with water and brought
within the ambit of this definition by the regulations,
but does not include—
(c) any pipe, fitting or apparatus that is situated downstream of a
customer's connection point; or
(d) any pipe, fitting or apparatus that is situated upstream of a
customer's connection point to a stormwater drain; or
(e) infrastructure situated entirely within one site and not connected to
any other infrastructure situated within another site; or
(f) any other infrastructure used in connection with water that is
excluded from the ambit of this definition by the regulations;
water plumbing work means the installation, alteration,
repair, maintenance or disconnection of pipes or equipment (including water
heaters) to be connected directly or indirectly to a water supply
system;
water service means—
(a) a service constituted by the collection, storage, production,
treatment, conveyance, reticulation or supply of water; or
(b) any other service, or any service of a class, brought within the ambit
of this definition by the regulation;
water/sewerage infrastructure means water infrastructure or
sewerage infrastructure (or both).
(2) A reference in this
Act to designated customers, or designated classes of customers (or customers of
a designated class), is a reference to customers, or classes of customers,
designated by the Minister by notice in the Gazette.
(a) in acting under
subsection (2), make
different designations with respect to different sections of this Act;
(b) by further notice in the Gazette, vary or revoke a previous notice
under
subsection (2).
(4) The Minister may,
for the purposes of the definition of water industry entity, by
notice in the Gazette—
(a) recognise a person
within the water industry as a water industry entity for the purposes of this
Act, or specified provisions of this Act;
(b) vary or revoke the recognition of a particular person under
paragraph (a).
(5) For the purposes of this Act, a right to the provision of a particular
service by a water industry entity may be taken to constitute the supply of a
service by that entity.
(1) Subject to this section, this Act is in addition to and does not limit
or derogate from the provisions of any other Act.
(2) This Act does not
apply to or in relation to—
(a) an irrigation trust, or any services provided or infrastructure held
by an irrigation trust, under the Irrigation
Act 2009;
(b) the Renmark Irrigation Trust, or any services provided or
infrastructure held by the Renmark Irrigation Trust, under the Renmark
Irrigation Trust Act 2009;
(c) any other person
providing irrigation services designated by the Minister by notice in the
Gazette,
except to the extent prescribed by the regulations.
(3) The Minister may, by further notice, vary or revoke a previous notice
under
subsection (2)(c).
(4) This Act does not apply to any person or entity, or any circumstance,
excluded from the operation of this Act by the regulations.
(1) The Minister must prepare and maintain a document to be called the
State Water Demand and Supply Statement.
(2) The State Water Demand and Supply Statement
must—
(a) assess the state of South Australia's water resources and the extent
of water supplies available within the State; and
(b) assess current and future demand for water within the State;
and
(c) outline policies,
plans and strategies relevant to ensuring that the State's water supplies are
secure and reliable and are able to sustain economic growth within the
State.
(3) The State Water Demand and Supply Statement
may—
(a) address any other matter considered to be relevant by the Minister;
and
(b) take into account any policy, plan or strategy determined to be
relevant by the Minister.
(4) The Minister must comprehensively review the State Water Demand and
Supply Statement at least once in every 5 years.
(5) The Minister may amend the State Water Demand and Supply
Statement at any time.
(6) The Minister must, in relation to a proposal—
(a) to create the State Water Demand and Supply Statement;
or
(b) to undertake a comprehensive review of the State Water Demand and
Supply Statement,
invite interested persons to make written representations on the proposal
in such manner, and within a period, specified by the Minister.
(7) The Minister must, within 14 days after the finalisation of the
State Water Demand and Supply Statement, or the finalisation of a
comprehensive review of the State Water Demand and Supply Statement,
cause copies of the statement (or the Statement as revised) to be delivered to
the President of the Legislative Council and the Speaker of the House of
Assembly.
(8) The Minister must—
(a) make appropriate provision for the publication of the State Water
Demand and Supply Statement; and
(b) ensure that copies of the State Water Demand and Supply
Statement are reasonably available for inspection (without charge) and
purchase by the public at places determined by the Minister; and
(c) ensure that notice of any amendment to the State Water Demand and
Supply Statement is published in the Gazette within a reasonable time after
the amendment is made.
(9) The Minister
must, on or before 31 March in each year, prepare a report that relates to
the State Water Demand and Supply Statement and that—
(a) provides information about the water demand and supply status of the
various regions of the State; and
(b) identifies and analyses the impacts of any emerging risks or
significant issues associated with the State's water supplies; and
(c) reports on such other matters as the Minister thinks fit.
(10) The Minister must, immediately after the finalisation of the report
under
subsection (9),
cause copies of the report to be delivered to the President of the Legislative
Council and the Speaker of the House of Assembly.
(11) When the
President of the Legislative Council and the Speaker of the House of Assembly
receive a statement or report under this section, the President and the Speaker
must—
(a) immediately cause the statement or report to be published;
and
(b) lay the statement or report before their respective Houses at the
earliest opportunity.
(12) If the President of the Legislative Council or the Speaker of the
House of Assembly is absent at the time that a statement or report is delivered
to the Parliament under this section, the Clerk of the relevant House will
receive the statement or report on behalf of the President or the Speaker (as
the case may be) (and the statement or report will then be taken to have been
received by the President or the Speaker).
(13) If a statement or report is received by the President of the
Legislative Council or the Speaker of the House of Assembly at a time when
Parliament is not sitting, the statement or report will be taken to have been
published under
subsection (11)
at the expiration of 1 clear day after the day of receipt of the
report.
(14) A statement or report will, when published under
subsection (11),
be taken for the purposes of any other Act or law to be a report of the
Parliament published under the authority of the Legislative Council and the
House of Assembly.
(15) A statement or report under this section is an expression of policy
and does not in itself affect rights or liabilities (whether of a substantive,
procedural or other nature).
Division 1—Functions
and powers of Commission
7—Functions
and powers of Commission
(1) The Commission has (in addition to the Commission's functions and
powers under the Essential
Services Commission Act 2002)—
(a) the licensing, price regulation and other functions and powers
conferred by this Act; and
(b) any other functions and powers conferred by regulation under this
Act.
(2) If water industry entities are required by licence condition to
participate in an ombudsman scheme, the Commission must, in performing licensing
functions under this Act, liaise with the ombudsman appointed under the
scheme.
Division 2—Technical
Regulator
(1) There is to be a Technical Regulator.
(2) The Technical Regulator will be appointed by the Minister.
(3) The office of Technical Regulator may be held in conjunction with a
position in the Public Service.
(4) The Minister may assign an employee in the Public Service to act as
the Technical Regulator—
(a) during a vacancy in the office of Technical Regulator; or
(b) when the Technical Regulator is absent from, or unable to discharge,
official duties.
9—Functions
of Technical Regulator
The Technical Regulator has the following functions:
(a) to develop technical standards in connection with the water
industry;
(b) to monitor and regulate technical standards with respect
to—
(i) water and sewerage installations and associated equipment, products
and materials (including on the customer's side of any connection point);
and
(ii) plumbing;
(c) to provide advice in relation to safety or technical
standards—
(i) in the water industry to the Commission at the Commission's request;
and
(ii) in the plumbing industry;
(d) any other function assigned to the Technical Regulator under this or
any other Act or conferred by regulation under this Act.
(1) The Technical Regulator may delegate a function or power conferred on
the Technical Regulator under this Act—
(a) to a particular person or body; or
(b) to the person for the time being occupying a particular office or
position.
(2) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be subject to conditions or limitations specified in the
instrument of delegation; and
(b) does not derogate from the power of the Technical Regulator to act in
a matter; and
(c) is revocable at will by the Technical Regulator.
(4) The Technical Regulator must keep a public register of delegations
under this section.
(5) In any legal proceedings an apparently genuine certificate,
purportedly given by the Technical Regulator, containing particulars of a
delegation under this section, will, in the absence of proof to the contrary, be
accepted as proof that the delegation was made in accordance with the
particulars.
11—Technical
Regulator's power to require information
(1) The Technical Regulator may, by written notice, require a person to
give the Technical Regulator, within a time stated in the notice (which must be
reasonable), the information in the person's possession that the Technical
Regulator reasonably requires for the performance of the Technical Regulator's
functions (whether under this Act or any other Act).
(2) A person required to give information under this section must provide
the information within the time stated in the notice.
Maximum penalty: $20 000.
(3) A person is not required to give information under this section if the
information might tend to incriminate the person of an offence.
12—Obligation
to preserve confidentiality
(1) The Technical
Regulator must preserve the confidentiality of information gained by the
Technical Regulator (including information gained by an authorised officer under
this Act) that—
(a) could affect the competitive position of a water industry entity or
other person; or
(b) is commercially sensitive for some other reason.
(2) Despite
subsection (1), the
Technical Regulator may disclose confidential information in the following
circumstances:
(a) as reasonably required in connection with the administration or
enforcement of this Act (including to the Minister, the Commission and persons
assisting the Commission), or as otherwise related to the performance of the
Technical Regulator's functions (whether under this Act or any other
Act);
(b) to a person concerned in the administration or enforcement of another
law of the State, or a law of the Commonwealth or another State or Territory of
the Commonwealth, for the purposes related to the administration or operation of
that other law;
(c) to a government agency or instrumentality of this State, the
Commonwealth or another State or Territory of the Commonwealth for purposes
related to the performance of its functions (or to a person acting on behalf of
such a government agency or instrumentality);
(d) with the consent of the person who gave the information or to whom the
information relates;
(e) as required by a court or tribunal constituted by law;
(f) as authorised by the Minister.
(3) Information classified by the Technical Regulator as confidential is
not liable to disclosure under the Freedom
of Information Act 1991.
(1) The Technical Regulator must, within 3 months after the end of
each financial year, deliver to the Minister a report on the Technical
Regulator's operations during that financial year.
(2) The Minister must cause a copy of the report to be laid before both
Houses of Parliament within 12 sitting days after receipt of the
report.
Division 3—Advisory
committees
14—Consumer
advisory committees
(1) The Commission must
establish an advisory committee comprising representatives of consumers (the
consumer advisory committee)—
(a) to provide advice to the Commission in relation to the performance of
its licensing functions under Part 4; and
(b) to provide advice to the Commission, either on its own initiative or
at the request of the Commission, on any other matter relating to the water
industry.
(2) Despite
subsection (1), the
consumer advisory committee will, if the Commission so determines, be the same
committee as the committee of that name established under Division 4 of
Part 2 of the Electricity
Act 1996 and have the functions referred to in
subsection (1) in
addition to its functions under that Division.
15—Technical
advisory committee
The Technical Regulator must establish an advisory committee (the
technical advisory committee) including representatives
of—
(a) water industry entities; and
(b) contractor and employee associations involved in the water industry;
and
(c) persons involved in the administration of public health legislation;
and
(d) local government; and
(e) other entities determined by the Technical Regulator,
to provide advice to the Technical Regulator, either on its own initiative
or at the request of the Technical Regulator, on any matter relating to the
functions of the Technical Regulator.
The Minister, the Commission or the Technical Regulator may establish other
advisory committees to provide advice on specified aspects of the administration
of this Act.
Division 1—Declaration
as regulated industry
17—Declaration
as regulated industry
The water industry is declared to constitute a regulated industry for the
purposes of the Essential
Services Commission Act 2002.
Division 2—Licensing
of water industry entities
(1) A person must not provide a retail service unless the person holds a
licence under this Part authorising the relevant services, operation or
activity.
Maximum penalty: $1 000 000.
(2) SA Water is
entitled by the force of this section to hold a non-transferable licence under
this Part appropriate to the services, operations or activities provided,
carried on or undertaken by it from time to time.
(3) In connection with
the operation of
subsection (2)—
(a) the Commission must issue SA Water with the appropriate licence or
licences; and
(b) the Commission must comply with any requirements specified by the
Minister as to the terms and conditions of a licence and rights conferred by a
licence.
(4) The requirements of the Minister as to the conditions of a licence
under
subsection (3) must
be consistent with the provisions of this Act as to such conditions.
(5) To avoid doubt, a licence under
subsection (3)
cannot be transferred, suspended or cancelled.
(1) An application for the issue of a licence must—
(a) be made to the Commission in a form approved by the Commission;
and
(b) contain the information specified in the form.
(2) The applicant must pay to the Commission an application fee fixed by
the Treasurer of an amount that the Treasurer considers appropriate to meet the
reasonable costs of determining the application.
(3) The Commission may, as the Commission considers appropriate, accept a
single application from an applicant in respect of different operations of the
applicant or operations of the applicant at different locations or may require
separate applications.
(4) The applicant must give the Commission any further relevant
information requested by the Commission.
20—Consideration
of application
(1) The Commission must consider an application for the issue of a licence
and may, subject to this Division, issue or refuse to issue the
licence.
(2) The Commission must have regard to the general factors specified in
Part 2 of the Essential
Services Commission Act 2002 and, subject to this section, may only
issue a licence if satisfied that—
(a) the applicant is a suitable person to hold the licence; and
(b) the applicant will be able to meet reasonably foreseeable obligations
under contracts for the sale or supply of water or the sale or supply of
sewerage services (or both), as the case may require; and
(c) the water infrastructure or the sewerage infrastructure (or both), as
the case may require, to be used in connection with the relevant service is (or
proposed infrastructure will be) appropriate for the purposes for which it will
be used; and
(d) the applicant has the capacity (including financial, technical,
organisational and other necessary capacity) to provide the services safely and
to appropriate standards that would be authorised by the licence; and
(e) the applicant meets any special requirements imposed by the
regulations for the holding of the licence; and
(f) the grant of the licence would be consistent with criteria (if any)
prescribed by the regulations.
(3) In deciding whether an applicant is a suitable person to hold a
licence, the Commission may consider—
(a) the applicant's previous commercial and other dealings and the
standard of honesty and integrity shown in those dealings; and
(b) the financial, technical and human resources available to the
applicant; and
(c) the officers and, if applicable, major shareholders of the applicant
and their previous commercial and other dealings and the standard of honesty and
integrity shown in those dealings (including breaches of statutory and other
legal obligations); and
(d) other matters prescribed by regulation or considered relevant by the
Commission.
(4) If—
(a) a person carries on or proposes to carry on operations for which a
licence is required as agent of another person; and
(b) the agent makes application for the issue of such a licence on the
agent's own behalf and on behalf of the principal; and
(c) the Commission is satisfied that the criteria for the issue of the
licence are met in relation to the agent,
the Commission may, at the Commission's discretion, dispense with the
requirement that the Commission be satisfied that the criteria are met in
relation to the principal and issue the licence to the agent and the principal
to be held by them jointly.
21—Licences
may be held jointly
(1) A licence may be held jointly by 2 or more persons.
(2) If a licence is held jointly by 2 or more persons, those persons
are jointly and severally liable to meet requirements imposed under this Act or
the Essential
Services Commission Act 2002.
22—Authority
conferred by licence
(1) A licence authorises the person named in the licence to provide
services or to carry on operations or activities in accordance with the terms
and conditions of the licence.
(2) Any services, operations or activities authorised by a licence need
not be all of the same character or undertaken at the same location but may
consist of a combination of different services, operations or activities
provided or carried on at 1 or more locations.
A licence may be issued for an indefinite period or for a term specified in
the licence.
(1) A person is not entitled to the issue of a licence unless the person
first pays to the Commission the relevant annual licence fee, or the first
instalment of the relevant annual licence fee, as the case may
require.
(2) The holder of a licence issued for a term of 2 years or more
must—
(a) in each year lodge with the Commission, before the date prescribed for
that purpose, an annual return containing the information required by the
Commission by condition of the licence or by written notice; and
(b) in each year (other than a year in which the licence is due to expire)
pay to the Commission, before the date prescribed for that purpose, the relevant
annual licence fee, or the first instalment of the relevant annual licence fee,
as the case may require.
(3) The annual licence fee for a licence is the fee fixed, from time to
time, by the Treasurer in respect of that licence as an amount that the
Treasurer considers to be a reasonable contribution towards prescribed costs
after taking into account advice contained in a written report furnished to the
Treasurer by the Commission for the purposes of this subsection.
(4) The annual licence fee may, if the Commission so determines, be paid
in equal instalments at intervals fixed by the Commission.
(5) If the holder of a licence fails to lodge the annual return or pay the
annual licence fee (or an instalment of the annual licence fee) in accordance
with this section, the Commission may, by written notice, require the holder to
make good the default and, in addition, to pay to the Commission the amount
prescribed as a penalty for default.
(6) An annual licence fee (including any instalment of an annual licence
fee or any penalty for default) payable under this section is recoverable as a
debt due to the Crown.
(7) In this section—
holder of a licence includes the holder of a licence that has
been suspended;
prescribed costs means—
(a) the costs of administration of this Act; and
(b) any costs of administration of the Essential
Services Commission Act 2002 relating to the water industry;
and
(c) any costs associated with the development by the State Government of
policies relating to the water industry; and
(d) other costs prescribed by regulation.
(1) The Commission must
make a licence subject to conditions determined by the
Commission—
(a) requiring
compliance with applicable codes or rules made under the Essential
Services Commission Act 2002 as in force from time to time;
and
(b) requiring the water industry entity to comply with code provisions as
in force from time to time (which the Commission must make under the Essential
Services Commission Act 2002) relating to the following matters
with respect to designated customers, or designated classes of
customers:
(i) standard contractual terms and conditions to apply to the sale or
supply (or the sale and supply) of designated services;
(ii) minimum standards of service that take into account relevant national
benchmarks developed from time to time;
(iii) limitations on the grounds on which the supply of designated
services may be discontinued or disconnected;
(iv) the processes to be followed before designated services are
discontinued or disconnected; and
(c) requiring the water industry entity, at the request of a designated
customer, to provide designated services at the water industry entity's standard
contract price and subject to the water industry entity's standard contractual
terms and conditions; and
(d) requiring the water industry entity to comply with code provisions as
in force from time to time (which the Commission must make under the Essential
Services Commission Act 2002 on or before a prescribed date)
relating to the provision of pricing information to designated customers, or
designated classes of customers; and
(e) requiring the water industry entity to include in each account for
services provided to designated customers, or customers of a designated class,
information prescribed by the regulations; and
(f) requiring the water industry entity to maintain specified accounting
records and to prepare accounts according to specified principles; and
(g) requiring a specified process to be followed to resolve disputes
between the water industry entity and its customers; and
(h) if the water industry entity provides designated services to
designated customers, or designated classes of customers, requiring the water
industry entity to participate in an ombudsman scheme determined or approved by
the Commission; and
(i) requiring the water industry entity to monitor and report as required
by the Commission on indicators of service performance determined by the
Commission; and
(j) relating to the water industry entity's financial or other capacity to
provide services or to continue operations or activities under the licence;
and
(k) requiring the water industry entity to maintain specified kinds and
levels of insurance; and
(l) requiring the water industry entity to have all or part of the
services, operations or activities authorised by the licence audited and to
report the results of the audit to the Commission; and
(m) requiring the water industry entity to notify the Commission about
changes to officers and, if applicable, major shareholders of the entity;
and
(n) requiring the water industry entity to provide, in the manner and form
determined by the Commission, such other information as the Commission may from
time to time require; and
(o) requiring the water industry entity to comply with the requirements of
any scheme approved and funded by the Minister for the provision by the State of
customer concessions or the performance of community service obligations by
water industry entities; and
(p) requiring the water industry entity to comply with the requirements of
any scheme approved and funded by the Minister for the purposes of providing
specified exemptions from the requirement to pay for the provision of specified
services.
(2) The Commission must make a licence subject to further conditions that
the Commission is required by regulation to impose on the issue of such a
licence.
(3) The Commission may make a licence subject to further conditions
considered appropriate by the Commission.
(4) A code or set of rules under
subsection (1)(a)
must, if the Minister so requires, include provisions to assist customers who
may be suffering specified types of hardship relevant to the supply of any
services (being provisions that comply with any direction of the Minister and
that will apply under the code or rules despite any provision made by the Essential
Services Commission Act 2002).
(5) The Commission must provide to the Minister any information that the
Minister requires for the purposes of the administration of a
scheme—
(a) for the provision by the State of customer concessions, or the
performance of community service obligations, relating to the sale or supply of
water or the sale or supply of sewerage services; or
(b) for the provision of exemptions from the requirement to pay for the
provision of various services.
(6) For the purposes of this section, the Minister may—
(a) by notice in
the Gazette, designate various services;
(b) by further notice in the Gazette, vary or revoke a previous notice
under
paragraph (a).
(1) The Minister must
publish a report about third party access to water infrastructure and sewerage
infrastructure services.
(2) The report must address—
(a) various options for third party access; and
(b) the extent of coverage of a third party access regime; and
(c) the procedures that should be established for seeking access and the
resolution of disputes; and
(d) access pricing principles; and
(e) compliance with relevant national competition principles;
and
(f) the maintenance of public health, environmental and safety
standards,
and may address such other matters as the Minister thinks fit.
(3) The Minister must publish the report within 1 month after the
commencement of this section and cause copies of the report to be laid before
both Houses of Parliament within 12 sitting days after the report is
published.
27—Offence
to contravene licence conditions
(1) A water industry
entity must not contravene a condition of its licence.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
(1) The Commission may
vary the terms or conditions of a water industry entity's licence by written
notice to the entity.
(2) A variation under
subsection (1) may
only be made—
(a) on application by the water industry entity or with the water industry
entity's agreement; or
(b) after giving the water industry entity reasonable notice of the
proposed variation and allowing the entity a reasonable opportunity to make
representations about the proposed variation (and giving due consideration to
any such representations).
(3) The conditions of a licence prescribed by the regulations may be
varied from time to time by further regulations.
(4) The conditions of a licence may be varied by the addition,
substitution or deletion of one or more conditions.
(1) A licence may be transferred with the Commission's
agreement.
(2) The Commission may impose conditions on the transfer of a licence, or
vary the terms and conditions of the licence on its transfer.
(3) The Commission must not agree to the transfer of a licence if the
transferee would not be entitled to the issue of the licence.
(4) An application for agreement to the transfer of a licence
must—
(a) be made by the transferor with the consent of the transferee to the
Commission in a form approved by the Commission; and
(b) contain the information specified in the form.
(5) The applicant must pay to the Commission an application fee fixed by
the Treasurer of an amount that the Treasurer considers appropriate to meet the
reasonable costs of determining the application.
(6) The applicant must give the Commission further relevant information
requested by the Commission.
30—Consultation
with consumer bodies
The Commission may, before issuing a licence, agreeing to the transfer of a
licence or determining or varying conditions of a licence, consult with and have
regard to the advice of—
(a) the Technical Regulator; and
(b) the Ombudsman holding office under the industry ombudsman scheme;
and
(c) the consumer advisory committee under Part 3.
31—Notice
of licence decisions
(1) The Commission must give an applicant for a licence, or for agreement
to the transfer of a licence, written notice of the Commission's decision on the
application.
(2) The Commission must give the holder of a licence written notice of any
decision by the Commission affecting the terms or conditions of the
licence.
(1) A water industry entity may, by written notice given to the
Commission, surrender its licence.
(2) The notice must be given to the Commission so as to comply with a
period of notice required under the terms of the licence.
(3) The Commission may, by agreement with the water industry entity,
shorten the required period of notice.
33—Suspension
or cancellation of licences
(1) The Commission may, if satisfied that—
(a) the holder of a licence obtained the licence improperly; or
(b) the holder of a licence has been guilty of a material contravention of
a requirement imposed by or under this Act or any other Act in connection with
the operations authorised by the licence; or
(c) the holder of a licence has ceased to carry on operations authorised
by the licence; or
(d) there has been any act or default such that the holder of a licence
would no longer be entitled to the issue of such a licence,
suspend or cancel the licence with effect from a specified date.
(2) A suspension under this section may be for a specified period, or
until the fulfilment of specified conditions, or until further order of the
Commission.
(3) Before the Commission acts under this section, the Commission
must—
(a) notify the holder of the licence in writing of the proposed action
specifying the reasons for the proposed action; and
(b) allow the holder of the licence at least 14 days within which to
make submissions to the Commission in relation to the proposed action.
(1) The Commission must keep a register of the licences currently held by
water industry entities under this Act.
(2) The register must include—
(a) the terms and conditions of each licence; and
(b) other information required under the regulations.
(3) A person may, without payment of a fee, inspect the
Register.
(1) Subject to this
section, the Commission may make a determination under the Essential
Services Commission Act 2002 regulating prices, conditions relating
to prices, and price-fixing factors for retail services.
(2) Despite the provisions of the Essential
Services Commission Act 2002, the operation of a determination of a
kind referred to in
subsection (1) is
not to be stayed pending the determination of an application for review or
appeal under Part 6 of that Act.
(3) In addition to the
requirements of section 25(4) of the Essential
Services Commission Act 2002, the Commission must, in acting under
subsection (1),
comply with the requirements of any pricing order issued by the Treasurer under
this section.
(4) The Treasurer may, for the purposes of
subsection (3),
issue an order (a pricing order) that—
(a) sets out any policies or other matters that the Commission must have
regard to when making a determination contemplated by this section;
(b) specifies various parameters, principles or factors that the
Commission must adopt or apply in making a determination contemplated by this
section;
(c) relates to any other matter that the Treasurer considers to be
appropriate in the circumstances.
(5) A pricing order—
(a) takes effect on a date specified in the order; and
(b) cannot be varied (except as contemplated by the order) or revoked (but
this paragraph does not prevent new pricing orders being made from time to
time).
(6) Notice of the making of a pricing order must be published in the
Gazette.
(7) The notice must include a brief description of the nature and effect
of the pricing order and state how a copy may be inspected or
purchased.
(8) The Treasurer must—
(a) send a copy of a pricing order to each water industry entity to which
the order may relate; and
(b) ensure that a copy of the order is published on the Department of
Treasury and Finance's website; and
(c) ensure that copies of the order are available for inspection and
purchase by members of the public.
(9) In this section—
price includes price range.
Division 4—Standard
terms and conditions for retail services
36—Standard
terms and conditions for retail services
(1) A water industry entity may, from time to time, fix standard terms and
conditions governing the provision of services by the entity to customers of a
designated class.
(2) A water industry
entity must publish in the Gazette a notice setting out any standard terms and
conditions fixed by the entity.
(3) A water industry entity must, when it publishes a notice in the
Gazette under
subsection (2), also
publish a notice in a newspaper circulating generally in the State describing
the general nature of the standard terms and conditions and advising where a
person may read or obtain a copy of the standard terms and conditions.
(4) Standard terms and conditions fixed under this
section—
(a) must comply with the conditions of any relevant licence; and
(b) must not fix prices that exceed maximum prices fixed under this Act;
and
(c) come into force on the day specified by the entity in the notice of
the standard terms and conditions published in the Gazette under this section,
being a day not earlier than the day on which the notice is published;
and
(d) when in force are contractually binding on the water industry entity
and the class of customers to which the terms and conditions are expressed to
apply.
(5) Subject to the conditions of a licence, a standard term or condition
fixed under this section may be modified or excluded by express agreement
between the water industry entity and a customer of the entity.
(6) A water industry entity that has fixed standard terms and conditions
under this section must—
(a) supply a copy of the standard terms and conditions, without charge, on
request made to the entity at a place approved by the Commission; and
(b) publish the standard terms and conditions on a website maintained by
the entity.
Maximum penalty: $2 500.
Division 5—Commission's
powers to take over operations
37—Power
to take over operations
(1) If—
(a) a water industry entity contravenes this Act, or a water industry
entity's licence ceases, or is to cease, to be in force; and
(b) it is necessary, in the Commission's opinion, to take over the
entity's operations (or some of them) to ensure an adequate supply of water to
customers or the proper provision of any sewerage service (as the case may
require),
the Governor may make a proclamation under this section.
(2) Before a proclamation is made under this section, the Commission must
give the water industry entity a reasonable opportunity to make written
representations giving reasons why the proclamation should not be
made.
(3) A proclamation
under this section—
(a) authorises the Commission to take over the water industry entity's
operations or a specified part of the water industry entity's operations;
and
(b) may contain
ancillary directions (and may, in particular, contain directions about how the
costs of carrying on the operations, and revenue generated from the operations,
are to be dealt with).
(4) A direction under
subsection (3)(b)
operates to the exclusion of rights that are inconsistent with it.
(5) The Governor may, by subsequent proclamation, vary or revoke a
proclamation made under this section.
(1) When a proclamation is made under this Division, the Commission must
appoint a suitable person (who may, but need not, be a water industry entity) to
take over the relevant operations on agreed terms and conditions (including as
to remuneration and indemnities).
(2) A person appointed to take over a water industry entity's operations
is referred to in this section as the operator.
(3) The water industry entity must facilitate the take over of the
relevant operations by the operator.
(4) The operator may have access to the property of a water industry
entity for the purposes of carrying on the relevant operations.
(5) A person must not obstruct the operator's access to property or the
exercise by the operator of the operator's responsibilities under this
Division.
Maximum penalty: $250 000.
(6) A person must comply with reasonable directions given by the operator
in the exercise of the operator's responsibilities under this
Division.
Maximum penalty: $250 000.
(7) The remuneration of the operator and all other costs and expenses
arising out of the exercise of the operator's responsibilities under this
Division are payable out of the funds of the water industry entity.
(1) Despite
section 7 of the Essential
Services Commission Act 2002, the Minister may, in relation to any
prescribed matter, by notice published in the Gazette, give directions to the
Commission as to—
(a) whether or not a
prescribed matter—
(i) should be subject to regulation under a code or set of rules made
under the Essential
Services Commission Act 2002;
(ii) should be subject to conditions of a licence under this
Part;
(iii) should be subject to any other form of regulation by the Commission
under this Act or the Essential
Services Commission Act 2002; and
(b) insofar as a prescribed matter is subject to any form of regulation
under
paragraph (a), the
extent of the regulation and, if the Minister thinks fit, provisions that will
apply with respect to that prescribed matter.
(2) The Minister may, by further notice in the Gazette, vary or revoke a
previous notice published by the Minister under this section.
(3) This section does not limit or derogate from any other power of the
Minister under this Act.
(4) In this section—
prescribed matter means—
(a) any matter relevant to water meters, including as to their design,
features, installation or operation; and
(b) any matter relevant to billing customers in relation to the supply of
water under a retail service where a water meter is not available to be used to
determine the quantity of water supplied; and
(c) any matter relevant to the disconnection of a retail service
(including circumstances or services in relation to which disconnection may not
occur).
Part 5—Powers
and duties relating to land and infrastructure
Division 1—Water
industry officers
40—Appointment
of water industry officers
(1) A water industry entity may, subject to conditions or limitations
determined by the Minister, appoint a person to be a water industry officer for
the entity.
(2) A water industry officer may only exercise powers under this Act
subject to the conditions of appointment, any limitations imposed by the
Minister, and any directions given by the relevant water industry
entity.
(1) A water industry officer may be appointed for a stated term or for an
indefinite term that continues while the officer holds a stated office or
position.
(2) A water industry officer may be removed from office by the water
industry entity.
(1) A water industry entity must give each water industry officer for the
entity an identity card.
(2) The identity card must be in a form approved by the Minister and
must—
(a) contain a photograph of the water industry officer taken for the
purpose; and
(b) identify the water industry officer as a water industry officer for
the relevant water industry entity; and
(c) contain any other information determined by the Minister for the
purposes of this section.
(3) A water industry officer must, before exercising a power in relation
to another person, produce the officer's identity card for inspection by the
other person.
(4) A person must, within 2 days after ceasing to be a water industry
officer, return the identity card to the water industry entity.
Maximum penalty: $250.
Division 2—Management
of land and infrastructure
43—Power
to enter land to conduct investigations
(1) A water industry entity may, by agreement with the occupier of land or
on the authorisation of the Minister, enter and remain on land to conduct
investigations or carry out any other form of work to assess the suitability of
the land for the construction or installation of water/sewerage
infrastructure.
(2) The Minister may authorise a water industry entity to enter and remain
on land under this section on conditions the Minister thinks
appropriate.
(3) If a water industry entity enters land under the authorisation of the
Minister, the water industry entity—
(a) must give reasonable notice of the proposed entry on land under this
section to the occupier; and
(b) must minimise the impact of work carried out by the water industry
entity on activities of others on the land; and
(c) must comply with the conditions of the authorisation.
44—Power
to carry out work on land
(1) An authorised
entity may, at any reasonable time, enter and remain on land (including a
road)—
(a) to construct, install, improve or add to any water/sewerage
infrastructure; or
(b) to inspect, operate, maintain, test, repair, alter, remove or replace
any water/sewerage infrastructure or equipment; or
(c) to lay pipes and install, operate or inspect pumps and other
equipment; or
(d) to carry out other work in connection with the establishment or
operation of any water/sewerage infrastructure or otherwise connected with any
water service or sewerage service; or
(e) to obtain or enlarge a supply of water; or
(f) to protect, improve or restore the quality of water; or
(g) to protect any infrastructure or equipment connected with any water
service or sewerage service; or
(h) to perform any other function brought within the ambit of this section
by the regulations.
(2) The powers that may be exercised in the performance of a function set
out under
subsection (1)
include—
(a) to dig, break and trench any soil or to excavate any land;
and
(b) to remove or use any earth, stone, minerals, trees or other materials
or things located on the land; and
(c) to sink wells or shafts; and
(d) to construct, make, maintain, alter, add to or discontinue any
water/sewerage infrastructure; and
(e) to divert or hold any water; and
(f) to dig up, form or alter any road; and
(g) to construct workshops, sheds or other buildings of a temporary
nature; and
(h) to undertake other activities or work as may be necessary or
incidental to the performance of any such function.
(3) Subject to this
section, if an authorised entity seeks to enter public land under this section,
the entity must—
(a) give the authority responsible for the management of public land not
less than 12 hours notice of the entity's intention to carry out work on
the land; and
(b) secure the
authority's agreement to the carrying out of the work.
(4) An agreement under
subsection (3) may
contain conditions the authority responsible for the management of the public
land considers appropriate in the public interest.
(5) Prior notice is not required under
subsection (3) for
work of a kind prescribed by regulation for the purposes of this
subsection.
(6) Agreement is not required under
subsection (3) for
work of a kind prescribed by regulation for the purposes of this
subsection.
(7) If a dispute arises
between an authorised entity and the authority responsible for managing public
land about whether work should be permitted under this section on the land or
about the conditions on which work should be permitted on public land, either
party to the dispute may refer the dispute to the Minister.
(8)
Subsection (7) does not
apply to a dispute where the authority responsible for managing the public land
is a Minister or a person or body to whom directions may be given by a Minister
in relation to the matter in dispute.
(9) If a dispute is referred to the Minister under this section, the
Minister must—
(a) allow parties to the dispute the opportunity to make representations
to the Minister on the questions at issue in the dispute; and
(b) make a reasonable attempt to get the parties to agree to settlement of
the dispute on agreed terms.
(10) If the Minister cannot get the parties to agree, the Minister may
make—
(a) an order that the work is or is not permitted on the land;
(b) if the Minister orders that the work is permitted, an order fixing the
conditions on which the work is permitted,
as the Minister thinks fit (and any such order will have effect according
to its terms).
(11) If an authorised
entity seeks to enter land other than public land for the first time, the entity
must give prior written notice to the occupier of the land stating the reason
and the date and time of the proposed entry.
(12) The regulations
may prescribe other circumstances when notice must be given to the occupier of
land.
(13) The period of notice under
subsection (11) or
(12) must be
reasonable.
(14) An authorised entity may use reasonable force to enter any land under
this section.
(15) When a person enters land under this section on behalf of an
authorised entity, the person—
(a) may be accompanied by such assistants as the person considers
necessary or appropriate; and
(b) may take any vehicles, equipment or materials the person considers
necessary or appropriate for the functions the person is to carry out on the
land.
(16) An authorised entity must, at the reasonable request of an owner or
occupier of land used for any purpose under this section, separate the land
being used for the other part or parts of the land by a fence of reasonable
construction and design (with such gates as may be necessary for the convenient
use of any land) and, in the case of a dispute as to the fence to be constructed
under this section, the matter may be referred to the Magistrates Court for
resolution.
(17) An authorised entity must make good any damage caused by the exercise
of powers under this section as soon as practicable (including so as to
reinstate any road or other place) or pay reasonable compensation for the
damage.
(18) This section does not derogate from the obligation to comply with the
provisions of any other Act.
(19) In an emergency, an authorised entity may exercise a power under this
section at any time and without prior notice or agreement.
(20) In connection with the exercise of a power under this section, a
person undertaking work may—
(a) enter and pass over any land; and
(b) bring onto any land any vehicles, plant or equipment; and
(c) temporarily occupy any land.
(21) A person must not, without reasonable excuse, hinder or obstruct a
person exercising a power under this section
Maximum penalty: $10 000.
(22) The Minister may, by notice in writing furnished to a water industry
entity, impose conditions or limitations on the exercise of a power under this
section by that entity.
(23)
Subsections (3)(b)
and
(7) do not apply in
relation to SA Water.
(24) In this section—
authorised entity means—
(b) any water industry entity;
public land means—
(a) land owned by the Crown or an instrumentality or agent of the Crown or
by a council or other local government body;
(b) without limiting
paragraph (a), a
road under the care, control and management of the Crown or an instrumentality
or agent of the Crown or a council or other local government body.
(1) A water industry entity may acquire land in accordance with the Land
Acquisition Act 1969.
(2) A water industry entity may only acquire land by compulsory process
under the Land
Acquisition Act 1969 if the acquisition is authorised in writing by
the Minister.
(3) This section does not limit the ability of a water industry entity to
acquire land by agreement.
46—Infrastructure
does not merge with land
In the absence of agreement in writing to the contrary, the ownership of
any infrastructure or equipment is not affected by the fact that it has been
laid or installed as water/sewerage infrastructure on or under land (and so the
infrastructure or equipment does not become a fixture in relation to the
land).
47—Requirement
to connect to infrastructure
(1) This section applies to a water industry entity involved (or proposing
to be involved) in the sale and supply of sewerage services for the removal of
sewage (and the infrastructure to be used for the purposes of those services
will be referred to as "prescribed infrastructure" under this
section).
(2) A water industry entity to which this section applies may apply to the
Minister for the approval of a scheme under this section.
(3) A scheme to which an application relates will be a
scheme—
(a) that provides for the supply of sewerage services through the use of
prescribed infrastructure; and
(b) that proposes that any owner of land adjacent to land where a
designated part of the prescribed infrastructure is situated (other than owners
(if any) excluded from the scheme) be required to connect to the prescribed
infrastructure so as to become a customer of the water industry entity with
respect to the sale and supply of the sewerage services under the scheme;
and
(c) that has, in relation to the prescribed infrastructure, been approved
by a prescribed body as being fit and adequate for the provision of services
that are proposed to be offered under the scheme; and
(d) that complies with any other requirements prescribed by the
regulations.
(4) A scheme under this section may—
(a) provide that any connection made by a person under the scheme comply
with any requirements specified by the water industry entity after consultation
with the Technical Regulator and the Health Department; and
(b) provide other requirements relating to the establishment, operation or
management of the scheme that must be complied with by any owner of land
adjacent to land where any prescribed infrastructure is situated; and
(c) provide for other matters specified by the water industry entity and
approved by the Minister under this section.
(5) The Minister may, after taking into account such matters as the
Minister thinks fit, determine whether or not to approve a scheme under this
section.
(6) If the Minister
approves a scheme, the water industry entity may, by notice that complies with
any requirements prescribed by the regulations and served on any owner of land
adjacent to land where the designated part of the prescribed infrastructure is
situated, require the owner to connect drains, equipment or works to the
prescribed infrastructure in order to provide for the discharge of sewage into
the infrastructure.
(7) If a notice is served on an owner of land under
subsection (6)—
(a) the owner must comply with the notice in accordance with the
requirements of the notice; and
(b) any drains, equipment or works used for the purposes of making the
connection must comply with specifications approved by the Technical Regulator
or the Health Department for the purposes of this section (if any);
and
(c) the costs incurred by the owner in complying with the notice will be
borne by the owner.
(8) The following owners of land will be excluded from a scheme under this
section:
(a) any owner, or owner of a specified class, excluded by the Minister
from the scheme at the time that the Minister approves the scheme;
(b) any owner of land where it is not reasonably practicable to connect to
the prescribed infrastructure;
(c) any owner of a class excluded from the operation of this section by
the regulations (if any) or otherwise excluded under the terms of the scheme
itself.
(9) If the requirements
of a notice under this section are not complied with, the relevant water
industry entity may take any action required by the notice.
(10) Action taken by a
water industry entity under
subsection (9) may
be taken on the entity's behalf by a water industry officer or another person
authorised by the water industry entity for the purpose.
(11) A person taking action under
subsection (10) may
enter any relevant land at any reasonable time.
(12) The reasonable costs and expenses incurred by a water industry entity
in taking action under
subsection (9) or
(10) may be recovered by
the water industry entity as a debt from the person who failed to comply with
the requirements of the notice.
(13) A water industry entity may from time to time, with the approval of
the Minister, vary a scheme under this section.
Part 6—Protection
and use of infrastructure, equipment and water and powers in relation to
installations
Division 1—Protection
of infrastructure, equipment and services
(1) A person must not,
without lawful authority—
(a) construct or place a building, wall, fence or other structure on or
over any water/sewerage infrastructure, or create some other form of
encroachment over any water/sewerage infrastructure (or any land directly
associated with such infrastructure); or
(b) create any form of encroachment over any easement that exists for the
purposes of any water service or sewerage service; or
(c) obstruct, fill in, close up or divert any water/sewerage
infrastructure; or
(d) excavate or alter any land or structure supporting any water/sewerage
infrastructure,
without the consent of a water industry entity that owns, manages or uses
the water/sewerage infrastructure or who has the benefit of the easement (as the
case may be).
Maximum penalty: $20 000.
(2) If a water industry
entity believes on reasonable grounds that a person has acted in contravention
of
subsection (1)—
(a) the water industry
entity may, at any reasonable time, enter land and carry out an inspection of
any place; and
(b) as it thinks fit
(whether or not an inspection has taken place), by notice that complies with any
requirements prescribed by the regulations and served on the person, require the
person to take such action as may be specified in the notice to remedy any
contravention of
subsection (1).
(3) If any entry under
subsection (2)(a) is
refused or obstructed, a water industry entity may obtain a warrant under
Part 10 to enter the
land.
(4) If the requirements
of a notice under
subsection (2)(b)
are not complied with, the relevant water industry entity may take any action
required by the notice.
(5) A person taking
action under
subsection (4) may
enter any relevant land at any reasonable time.
(6) The reasonable costs and expenses incurred by a water industry entity
in taking action under
subsection (4) or
(5) may be recovered by
the water industry entity as a debt from the person who failed to comply with
the requirements of the notice.
(7) Action taken by
a water industry entity under this section may be taken on the entity's behalf
by a water industry officer or another person authorised by the water industry
entity for the purpose.
(8) In any proceedings for an offence against this section, or for the
recovery of costs and expenses under this section, it is a defence for the
defendant to prove that he or she did not know, and could not be the exercise of
reasonable diligence have ascertained, the position of any water/sewerage
infrastructure (if relevant).
(9) This section does not apply in any circumstances excluded from the
operation of this section by the regulations.
49—Protection
of infrastructure and equipment
(1) A person must not,
without lawful authority—
(a) attach any equipment or other thing, or make any connection, to
water/sewerage infrastructure; or
(b) interfere with—
(i) the collection, storage, production, treatment, conveyance,
reticulation or supply of water through the use of water infrastructure;
or
(ii) the collection, storage, treatment, conveyance or reticulation of
sewage through the use of sewerage infrastructure; or
(c) disconnect or interfere with any water/sewerage infrastructure, or any
equipment associated with any water/sewerage infrastructure; or
(d) damage any water/sewerage infrastructure, or any equipment associated
with any water/sewerage infrastructure.
Maximum penalty: $20 000.
(2) If a water industry
entity believes on reasonable grounds that a person has acted in contravention
of
subsection (1)—
(a) the water industry
entity may, at any reasonable time, enter any land and carry out an inspection
of any place; and
(b) as it thinks fit (whether or not an inspection has taken place), after
complying with any requirements prescribed by the regulations, disconnect,
close, turn off or remove anything that has, in the opinion of the entity, been
attached or used in connection with the contravention.
(3) If any entry under
subsection (2)(a) is
refused or obstructed, a water industry entity may obtain a warrant under
Part 10 to enter the
land.
(4) Action taken by a water industry entity under this section may be
taken on the entity's behalf by a water industry officer or another person
authorised by the water industry entity for the purpose.
(5) A person must not, without lawful authority, pull up or remove any
poles, stakes or other items driven into, or placed in or on, the ground for the
purposes of carrying out any works associated with the construction, alteration,
maintenance, management or removal of any water/sewerage
infrastructure.
Maximum penalty: $5 000.
(6) A person must not, without lawful authority, destroy or damage any
works associated with the construction, alteration, maintenance, management or
removal of any water/sewerage infrastructure.
Maximum penalty: $20 000.
(7) If a water industry entity suffers loss as a result of a contravention
of this section, the entity may recover compensation for the loss from a person
guilty of the contravention—
(a) on application to a court convicting the person of an offence against
this section; or
(b) by action in a court of competent jurisdiction.
(8) For the purposes of this section, water/sewerage infrastructure
includes a common drain (including a common drain upstream of a connection
point).
50—Notice
of work that may affect water/sewerage infrastructure
(1) A person who
proposes to do work near water/sewerage infrastructure must give the relevant
water industry entity at least 14 days notice of the proposed work
if—
(a) there is a risk of equipment or a structure coming into dangerous
proximity to water/sewerage infrastructure; or
(b) in the case of water infrastructure—there is a risk of the work
affecting the quality of any water within, or reasonably likely to enter, the
infrastructure; or
(c) the work may interfere with water/sewerage infrastructure in some
other way.
Maximum penalty: $2 500.
(2) It is a defence to a charge of an offence against
subsection (1) if,
in the circumstances of an emergency, it is not practicable to give the notice
required by
subsection (1), and
the notice is given as soon as practicable.
(3) A person who does work near water/sewerage infrastructure must comply
with—
(a) requirements prescribed by regulation that are applicable to the work;
and
(b) reasonable requirements made by the water industry entity for the
protection of the infrastructure or the safety of the persons carrying out the
work.
Maximum penalty: $2 500.
(4) If a water industry entity suffers loss as a result of a contravention
of this section, the entity may recover compensation for the loss from a person
guilty of the contravention—
(a) on application to a court convicting the person of an offence against
this section; or
(b) by action in a court of competent jurisdiction.
(5) This section does not apply in a case that is within the ambit of
section 51.
51—Duty
to give notice before paving a road etc
(a) to first lay the pavement or hard surface in any road; or
(b) to relay the pavement or hard surface in any road; or
(c) to widen or extend the pavement or hard surface in any road;
or
(d) to alter the level of any road; or
(e) to construct or alter any footpaths, gutters, kerbing or water tables
in any road; or
(f) to construct or alter any drainage work in any road,
in which there is any water/sewerage infrastructure, the person authorising
or intending to do so must give the relevant water industry entity at least
14 days notice of the proposed work (being a notice that includes details
of the nature and thickness of the pavement or hard surface proposed to be made
or laid in any such work, and of any other work that is proposed to be
undertaken).
(2) The water industry entity must, within 14 days after receiving a
notice, advise the person who gave the notice of any new water/sewerage
infrastructure proposed in the relevant road and of any interference that is
expected to be caused to the existing water/sewerage infrastructure.
(3) If any work referred to in
subsection (1) would
involve any alteration to any water/sewerage infrastructure that is owned or
operated by a water industry entity, the person who undertakes the work must,
subject to
subsection (5), pay
to the entity—
(a) unless
paragraph (b)
applies—half of the actual cost of the alteration or any damage caused by
the work;
(b) in prescribed
circumstances—an amount determined under the regulations,
and if the regulations prescribe an amount as the cost of any alteration,
then that amount must be taken to be the cost of the alteration for the purposes
of this subsection.
(4) If an alteration to any water/sewerage infrastructure is of such a
nature as to involve expense which in the opinion of the relevant water entity
would be excessive, the entity may confer with the person authorised to do the
work to determine whether any variations to the proposed work would be
advantageous to the parties.
(5) If any work
referred to in
subsection (1) would
involve an alteration to any water/sewerage infrastructure and the relevant
water industry entity considers that the infrastructure should be replaced or
enlarged, the costs of all materials required for any such replacement or
enlargement must, subject to the regulations, be borne by the water industry
entity (but all other costs and charges will be payable in accordance with this
section).
(6) A water industry entity may, under an agreement between the entity and
a person otherwise required to give notice under this section, waive the
requirement to give such notice in relation to specified classes of work (and
such an agreement may have effect according to its terms).
52—Unlawful
abstraction, removal or diversion of water or sewage
(1) A person must not, without proper authority—
(a) abstract or divert water from any water infrastructure; or
(b) abstract or divert any sewage from any sewerage
infrastructure.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person must not install or maintain a pipe capable of conveying
water beyond the boundaries of a site occupied by the person
unless—
(a) the person is a water industry entity; or
(b) the person does so with the approval of a water industry entity that
supplies water to the site; or
(c) the person is authorised under the regulations or is acting in any
prescribed circumstances.
(3) If a water industry entity suffers loss as a result of a contravention
of this section, the entity may recover compensation for the loss from a person
guilty of the contravention—
(a) on application to a court convicting the person of an offence against
this section; or
(b) by action in a court of competent jurisdiction.
(1) A person who is
supplied with water by a water industry entity must, if required by the water
industry entity—
(a) allow a person
authorised by the entity to enter land and fix a meter supplied by the relevant
water industry entity;
(b) ensure that a meter
of a kind specified by the entity is fixed and used for purposes of measuring
water supplied to the person.
Maximum penalty: $10 000.
(2) If a meter is fixed under
subsection (1)(a), a
person supplied with water by the water industry entity must use the
meter.
Maximum penalty: $10 000.
(3) A requirement under
subsection (1)(b)
may, with the approval of the Commission or in prescribed circumstances, include
a requirement that a person fix or use a meter supplied by the relevant water
industry entity.
(4) A person must
comply with any direction or requirement of a water industry entity with respect
to the installation or use of a meter required or supplied by the entity under
subsection (1) or
(3).
Maximum penalty: $10 000.
(5) The regulations may prescribe exceptions to the operation of a
preceding subsection.
(6) A person must not,
without proper authority, open, remove, alter, repair or interfere with a meter
or other equipment for measuring the amount of water supplied by a water
industry entity.
Maximum penalty: $10 000.
(7) A person must not,
without proper authority, install, operate or use any pipe or other equipment to
by-pass a meter installed for measuring the amount of water supplied by a water
industry entity.
Maximum penalty: $10 000.
(8) If, in proceedings for an offence against
subsection (6) or
(7) it is proved that any
equipment has been installed or any other act done, without proper authority,
the apparent purpose of which is to abstract or divert water to any particular
land or place or to affect the proper measurement of water supplied to any
particular land or place, it will be presumed, in the absence of proof to the
contrary, that the occupier of the land or place installed the equipment or did
the other act with that purpose.
(9) The owner or
occupier of land on which a meter or an associated fitting is situated must
ensure that access to the meter or fitting for the purposes of reading,
replacement, repair or maintenance is not obstructed.
Maximum penalty: $5 000.
(10) If a person fails
to comply with
subsection (9), a
water industry entity may serve written notice on the person requiring him or
her to take such action as is specified in the notice to provide access to the
meter or fitting.
(11) If a person on
whom notice has been served under
subsection (10)
fails to comply with the notice within 1 month, the water industry entity
or a person authorised by the water industry entity may enter the land and take
such action (including altering the position of the meter or fitting) as the
water industry entity thinks fit to provide access to the meter or
fitting.
(12) If a water industry entity suffers loss as a result of a
contravention of this section, the entity may recover compensation for the loss
from a person found guilty of the contravention—
(a) on application to a court convicting the person of an offence against
this section; or
(b) by action in a court of competent jurisdiction.
(13) If a water industry entity incurs costs as a result of taking action
under
subsection (11), the
entity may recover those costs as a debt by action in a court of competent
jurisdiction.
54—Discharge
of unauthorised material into water infrastructure
(1) A person must not,
without proper authority, discharge any solid, liquid or gaseous material, or
any other item or thing, into any water infrastructure.
Maximum penalty: $25 000.
(2)
Subsection (1) does
not apply in any circumstances excluded from the operation of this section by
the regulations.
(3) If a water industry entity suffers loss as a result of a contravention
of this section, the entity may recover compensation for the loss from a person
found guilty of the contravention—
(a) on application to a court convicting the person of an offence against
this section; or
(b) by action in a court of competent jurisdiction.
55—Discharge
of unauthorised material into sewerage infrastructure
(1) A person must not,
without proper authority, discharge into any sewerage infrastructure any solid,
liquid or gaseous material, or any other item or thing that is likely to damage
the infrastructure.
Maximum penalty: $25 000.
(2)
Subsection (1) does
not apply in any circumstances excluded from the operation of that subsection by
the regulations.
(3) Furthermore, a
water industry entity may, in relation to any sewerage infrastructure operated
by the entity—
(a) on application by any person, authorise the person to discharge waste
material referred to in the authorisation into the infrastructure; or
(b) as part of a contract in relation to the provision of a sewerage
service, authorise a person to discharge waste material referred to in the
contract into the infrastructure.
(a) discharge any solid, liquid or gaseous material, or any other item or
thing, prescribed by the regulations without an authorisation under this
section; or
(b) discharge any solid, liquid or gaseous material, or any other item or
thing, contrary to a contract in relation to the provision of a sewerage
service; or
(c) act in a manner contrary to an authorisation under this
section.
Maximum penalty: $25 000.
(5) A person must not,
without the authorisation of the relevant water industry entity, cause, permit
or allow any rainwater, stormwater or surface water to flow into, or to
otherwise enter, any sewerage infrastructure.
Maximum penalty: $2 500.
(6)
Subsection (5) does
not apply in any circumstances excluded from the operation of that subsection by
the regulations.
(7) A water industry entity may attach such conditions to an authorisation
under this section as the entity thinks fit and may vary or revoke the
authorisation at any time.
(8) It will be a defence to a prosecution for an offence against
subsection (1),
(4) or
(5) for the
defendant to prove that the person who discharged the material concerned did so
in accordance with an authorisation under this section and that the
authorisation was in force and applied for the defendant's benefit at that
time.
(9) The reasonable costs and expenses incurred by a water industry entity
in addressing any damage or loss caused as a result of, or in remedying
circumstances caused, by a contravention of this section may be recovered by the
water industry entity as a debt from the person in contravention of this
section.
56—Work
to be carried out by owner at requirement of water industry entity with respect
to sewerage infrastructure
(a) to provide for the proper treatment (including the deodorising) of
waste material before it is discharged from land into a drain connected to any
sewerage infrastructure; or
(b) to prevent the discharge of rainwater, stormwater or surface water
into any sewerage infrastructure or to prevent the discharge into any sewerage
infrastructure of waste material that has been prescribed as water material that
may not be discharged into any sewerage infrastructure or that is, in the
opinion of the relevant water industry entity, likely to damage or be
detrimental to any sewerage infrastructure,
the relevant water industry entity may, by notice in writing served on the
owner or occupier of the land, require the owner or occupier, within the time
stated in the notice, to carry out work specified in the notice.
(2) A notice referred to in
subsection (1) may
require the person on whom it is served to—
(a) install or construct in such locations as are specified in the
notice;
(b) connect to the infrastructure;
(c) alter or replace;
(d) maintain, repair or cleanse;
(e) remove, block or disconnect,
such drains, equipment or works as are specified in the notice in the
manner specified in the notice or take other action specified in the
notice.
(3) The water industry entity may vary or revoke a notice referred to in
subsection (1) by a
subsequent notice in writing served on the owner or occupier of the
land.
(4) A person to whom a notice is issued under this section must not,
without reasonable excuse, fail to comply with the notice.
Maximum penalty: $10 000.
(5) If the requirements
of a notice under this section are not complied with, the relevant water
industry entity may take any action required by the notice.
(6) Action taken by a
water industry entity under
subsection (5) may
be taken on the entity's behalf by a water industry officer or another person
authorised by the water industry entity for the purpose.
(7) A person taking
action under
subsection (6) may
enter any relevant land at any reasonable time.
(8) The reasonable costs and expenses incurred by a water industry entity
in taking action under
subsection (6) or
(7) may be recovered by
the water industry entity as a debt from the person who failed to comply with
the requirements of the notice.
57—Power
to disconnect drains or to restrict services
(1) If a water industry entity has grounds to believe that
material—
(a) is being discharged from land into sewerage infrastructure in
contravention of this Division; or
(b) has been discharged from land into sewerage infrastructure in
contravention of this Division and that it is likely that a similar
contravention will occur in the future,
the entity may, after complying with any requirement prescribed by the
regulations, close off or disconnect from the sewerage infrastructure 1 or
more drains on the land that are connected to the infrastructure or restrict the
provision of any sewerage service to the land.
(2) Before reopening or reconnecting a drain closed off or disconnected
under this section, the water industry entity may require the owner or occupier
of the relevant land to pay the prescribed fee.
Division 2—Protection
and use of water supply
58—Power
to restrict or discontinue water supply
(1) If a water industry
entity believes on reasonable grounds—
(a) —
(i) that the quantity of water available for supply by the entity is, or
is likely to be, insufficient to meet the demands of the persons to whom it is
required to supply water (either because of a reduction in the quantity of water
available or an increase in demand); or
(ii) that the quantity or quality of water available for supply by the
entity is, or is likely to be, below a standard set or adopted by the entity for
the purposes of this subsection, or prescribed by the regulations; or
(iii) that the capacity of any water infrastructure is, or is likely to
be, insufficient to cope with existing or anticipated demand; and
(b) that action under this subsection is justified in the
circumstances,
the entity may, after complying with any requirements prescribed by the
regulations, exercise 1 or more of the powers specified under
subsection (3).
(2) A requirement
prescribed by the regulations under
subsection (1) may
include 1 or more of the following:
(a) that the water industry entity not act without obtaining the approval
of the Minister or the Commission;
(b) that the water industry entity comply with any process or procedure
before acting under this subsection;
(c) that the water industry entity consult in a manner specified by the
regulations;
(d) that the water industry entity review any action taken under this
section in accordance with any requirements specified by the
regulations;
(e) that the water industry entity provide reports to the Minister or the
Commission in accordance with any requirements specified by the regulations, the
Minister or the Commission.
(3) The following
powers are specified under this subsection, namely, that the water industry
entity may:
(a) lessen the supply of water through any infrastructure (to such extent
and in such manner as the entity thinks fit);
(b) prohibit the use of water in a specified purpose or purposes, or
restrict or regulate the purposes for which water can be used;
(c) prohibit the use of water in a specified manner or by specified means,
or restrict or regulate the manner in which, or the means by which, water may be
used;
(d) prohibit specified uses of water during specified periods, or restrict
or regulate the times at which water may be used;
(e) for such time or times as the entity thinks proper, discontinue the
supply of water.
(4) A requirement under
subsection (3) may
provide that a specified activity involving the use of water cannot occur
without the authority of a permit issued by the water industry entity in
accordance with the regulations.
(5) A prohibition or notice under
subsection (3)—
(a) must be imposed by a notice published or served in accordance with any
requirements prescribed by the regulations; and
(b) may be varied or revoked in accordance with any requirements
prescribed by the regulations.
(6) A person who contravenes or fails to comply with a notice under this
section is guilty of an offence.
Maximum penalty:
(a) where the offender is a body corporate—$10 000;
(b) where the offender is a natural person—$5 000.
59—Power
to require the use of devices to reduce flow
(1) If a water industry entity believes on reasonable grounds that action
under this section is justified in the circumstances to supply water during
periods of high demand, the entity may serve notice under this section on the
owner or occupier of land that is connected to water infrastructure operated by
the entity.
(2) The notice may
direct the owner or occupier—
(a) to install (at his
or her expense) a flow reducing device of the kind specified in the notice at
the point specified in the notice (including at a point on the customer's side
of any connection point) to enable the flow in the pipes on the land that are
connected to the infrastructure to be reduced; and
(b) to use the device to reduce flow in those pipes during the periods
specified in the notice.
(3) The notice must specify a reasonable period for compliance with the
requirements of the notice referred to in
subsection (2)(a).
(4) A person who fails to comply with a notice under this section is
guilty of an offence.
Maximum penalty:
(a) where the offender is a body corporate—$10 000;
(b) where the offender is a natural person—$5 000.
(5) If the requirements
of a notice under this section are not complied with, the water industry entity
may install a flow reducing device to reduce the flow in the pipes on the
relevant land notwithstanding that this reduction in flow will operate
continuously instead of during the periods specified in the notice.
(6) The reasonable costs and expenses incurred by a water industry entity
in taking action under
subsection (5) may
be recovered by the water industry entity as a debt from the person who failed
to comply with the requirements of the notice.
60—Power
to test and protect water
(1) An authorised
entity may, at any reasonable time, enter and remain on land—
(a) to test any water
that constitutes, or is reasonably likely to constitute, water to be supplied in
connection with the provision of water services under this Act; or
(b) to avert, eliminate
or minimise any risk, or perceived risk, to any water that constitutes, or is
reasonably likely to constitute, water to be supplied in connection with the
provision of water services under this Act; or
(c) in the event that
it appears that water that constitutes, or is reasonably likely to constitute,
water to be supplied in connection with the provision of water services under
this Act, has been adversely affected, or is reasonably likely to be adversely
affected, by any circumstance—to take action to address that
situation.
(2) For the purposes of this section—
(a) testing under
subsection (1)(a)
may include taking samples of any water; and
(b) action taken under
subsection (1)(b) or
(c) may constitute such
action as the authorised entity thinks fit, including by removing anything from
any water or any other place; and
(c) action may be taken
under this section whether or not the water is located in any
infrastructure.
(3) Subject to this
section, if an authorised entity seeks to enter land under this section, the
entity must give prior written notice to the occupier of the land stating the
reason and the date and time of the proposed entry.
(4) The period of notice under
subsection (3) must
be reasonable.
(5) If the proposed
entry is refused or obstructed, an authorised entity may obtain a warrant under
Part 10 to enter the
land.
(6) In an emergency, an authorised entity may exercise a power of entry
under this section—
(a) at any time and without prior notice if it is not practicable to give
such notice; and
(b) if necessary in the circumstances, by the use of reasonable
force.
(7) When a person enters land under this section, the
person—
(a) may be accompanied by such assistants as the person considers
necessary or appropriate; and
(b) may take any vehicles or equipment the person considers necessary or
appropriate for the functions the person is to carry out on the land.
(8) A person acting under this section must be accompanied by a police
officer—
(a) when entering a place under a warrant; or
(b) if it is practicable to do so, when entering a place by force in an
emergency.
(9) A person acting under this section must comply with any requirements
specified by the Minister from time to time by notice published in the Gazette
for the purposes of this section.
(10) The reasonable costs and expenses incurred by an authorised entity in
taking action under
subsection (1)(b) or
(c) may be recovered by
the entity as a debt from the person who caused the circumstances that gave rise
to the need to take the action.
(11) This section does not limit a power that may be exercised under
another provision of this Act.
(12) In this section—
authorised entity means—
(a) an authorised officer; or
(b) a water industry officer holding an authorisation granted by the
Minister for the purposes of this section.
Division 3—Powers
in relation to infrastructure and installations
61—Entry
to land and related powers
(1) A water industry officer for a water industry entity may, at any
reasonable time, enter and remain in a place to which a water service or a
sewerage service is or has been supplied by the use of water/sewerage
infrastructure operated by the entity—
(a) to inspect any
infrastructure, equipment or other thing installed or used in connection with
the supply, use or storage of water or the collection or removal of sewage
(including on the customer's side of any connection point); or
(b) without limiting
paragraph (a), to
read, or check the accuracy of, a meter for measuring the supply of water;
or
(c) to install, repair or replace any infrastructure, meter, equipment or
works (including where the infrastructure, meter, equipment or works have been
installed by another person or are located on the customer's side of any
connection point); or
(d) to investigate suspected theft of water; or
(e) without limiting a preceding paragraph—to investigate whether
there has been a contravention of
Division 1
or 2; or
(f) without limiting a preceding paragraph—
(i) to see whether a hazard exists in connection with any infrastructure,
equipment, works or other thing; or
(ii) to take action to prevent or minimise any hazard in connection with
the supply, use or storage of water or the collection or removal of sewage;
or
(iii) to open or reconnect any infrastructure or equipment, or to remove
any equipment; or
(g) to take samples of any water or other material in any infrastructure,
equipment or works, or on any land; or
(h) to exercise any other power prescribed by the regulations.
(2) In an emergency, a water industry officer may exercise a power of
entry under this section at any time, and if necessary in the circumstances, by
the use of reasonable force.
(3) When a water industry officer enters a place under this section, the
water industry officer—
(a) may be accompanied by such assistants as the water industry officer
considers necessary or appropriate; and
(b) may take any vehicles or equipment the water industry officer
considers necessary or appropriate for the functions the water industry officer
is to carry out in the place.
(4) A water industry officer must, if it is practicable to do so, be
accompanied by a police officer when entering a place by force in an
emergency.
(5) A water industry officer may, if in his or her opinion it is necessary
or desirable, excavate land for the purposes of an inspection, to perform any
work or to take or obtain any sample.
(6) This section does not limit a power that may be exercised under
another provision of this Act.
62—Disconnection
etc if entry refused
(1) If a water industry officer seeks to enter a place under this Part and
entry is refused or obstructed, the water industry officer may, by written
notice to the occupier of the place, ask for consent to entry by the water
industry officer.
(2) The notice must state the reason and the date and time of the proposed
entry.
(3) If entry is again refused or obstructed, the water industry entity
may—
(a) if it is possible
to do so—disconnect the supply of water to the place, or the collection of
sewage from the place, or restrict the supply of services to that place, without
entering the place; or
(b) if it is not possible to act under
paragraph (a)
without entering the place—obtain a warrant under Part 10 to enter
the place for the purpose of making a disconnection or restriction envisaged
under
paragraph (a), and
then enter the place under the warrant and take the relevant action.
(4) A water industry officer may not enter a place under a warrant unless
accompanied by a police officer.
(5) The water industry entity must restore a connection
if—
(a) the occupier—
(i) consents to the proposed entry; and
(ii) pays the appropriate reconnection fee; and
(b) it is safe to restore the connection; and
(c) there is no other lawful ground for refusing to restore the
connection.
63—Disconnection
in an emergency
A water industry entity may, without incurring any liability, cut off the
supply of water to any region, area, land or place if it is, in the entity's
opinion, necessary to do so to avert danger to any person or property.
64—Special
legislation not affected
Nothing in this Act affects the exercise of any power, or the obligation of
a water industry entity to comply with any direction, order or requirement,
under the Emergency
Management Act 2004, Environment
Protection Act 1993, Essential
Services Act 1981, Fire
and Emergency Services Act 2005 or the South
Australian Public Health Act 2011.
Part 7—Technical
and safety issues
(1) The Technical
Regulator may, by notice in the Gazette, publish standards—
(a) relating to the design, manufacture, installation, inspection,
alteration, repair, maintenance (including cleaning), removal, disconnection or
decommissioning of—
(i) any infrastructure that is used, or is capable of being used, in the
water industry; or
(ii) any equipment connected to, or any equipment, products or materials
used in connection with, any infrastructure that is used, or is capable of being
used, in the water industry (including on the customer's side of any connection
point); or
(b) relating to plumbing, including plumbing work or any equipment,
products or materials used in connection with plumbing; or
(c) providing for any other matter that this Act may contemplate as being
dealt with or administered by a standard prepared or published by the Technical
Regulator.
(2) Without limiting
subsection (1), a
standard may—
(a) specify the nature and quality of the materials from which
infrastructure or equipment must be constructed; and
(b) specify the design and size of any pipes or other equipment that may
be connected to any infrastructure or used in connection with plumbing;
and
(c) specify requirements in relation to the construction, installation or
positioning of any infrastructure or equipment; and
(d) specify the number of pipes and other equipment that may be connected
to any infrastructure or device; and
(e) specify the position of pipes and other equipment connected to any
infrastructure or device; and
(f) specify requirements with respect to any products or materials used in
connection with any infrastructure or plumbing; and
(g) specify the procedures to be followed when installing, inspecting,
replacing, altering, repairing, maintaining, removing, disconnecting or
decommissioning any infrastructure or equipment; and
(h) specify requirements relating to the operation, testing or approving
of any infrastructure, equipment, products or materials; and
(i) specify examination and testing requirements; and
(j) specify performance or other standards that must be met by any
infrastructure, equipment, products or materials (and, in doing so, specify
methodologies or other processes or criteria for assessing compliance with those
standards, including as to the efficiency, impact or effectiveness of any
infrastructure, equipment, products or materials); and
(k) provide for any other matter prescribed by the regulations.
(3) The Technical Regulator may, by further notice in the Gazette, vary or
revoke a standard published under
subsection (1) (and,
as the Technical Regulator thinks fit, publish new or substitute
standards).
(4) A standard published by the Technical Regulator may—
(a) be of general or limited application; and
(b) provide that a matter or thing in respect of which the standard
applies is to be determined according to the discretion of the Technical
Regulator, or any other person determined or approved by the Technical
Regulator; and
(c) provide for exemptions to be granted (with or without conditions) by
the Technical Regulator, or any other person authorised by the Technical
Regulator; and
(d) apply, adopt or incorporate, with or without modification, any code,
standard or other document prepared or approved by a body or authority referred
to in the standard as in force from time to time or as in force at a specified
time.
(5) If a code, standard
or other document is applied, adopted or incorporated in a
standard—
(a) a copy of the code, standard or other document must be kept available
for inspection by members of the public, without charge and during normal office
hours, at the office of the Technical Regulator; and
(b) in any legal proceedings, evidence of the contents of the code,
standard or other document may be given by production of a document apparently
certified by or on behalf of the Technical Regulator as a true copy of the code,
standard or other document.
(6) The Minister must,
within 14 sitting days after the publication of a standard, or the
variation of a standard, cause a copy of the standard or the variation (as the
case may be) to be laid before both Houses of Parliament.
(7) If either House of
Parliament—
(a) passes a resolution disallowing a standard laid before it under
subsection (6), then
the standard ceases to have effect;
(b) passes a resolution disallowing a variation laid before it under
subsection (6), then
the variation ceases to have effect (and the relevant standard will, from that
time, apply as if it has not been varied by that variation).
(8) A resolution is not
effective for the purposes of
subsection (7)
unless passed in pursuance of a notice of motion given within 14 sitting
days (which need not fall within the same session of Parliament) after the day
on which the standard or variation (as the case may be) is laid before the
House.
(9) If a resolution is passed under
subsection (7),
notice of that resolution must forthwith be published in the Gazette.
(10)
Subsections (6),
(7) and
(8) do not
apply—
(a) to the variation of a standard if the Minister certifies, on the
advice of the Technical Regulator, that the variation constitutes a minor
variation to an existing standard (including a standard that has adopted a
national code or standard prepared by another body or authority); or
(b) in any other circumstance prescribed by the regulations.
66—Performance
of regulated work
(1) Any work to which
this subsection applies must be carried out by a person with qualifications or
experience recognised by regulations made for the purposes of this
section.
Maximum penalty: $5 000.
(2) A person to whom
this subsection applies who carries out specified work—
(a) in relation to any infrastructure that is used in the water industry;
or
(b) in relation to any
equipment connected to, or used in connection with, any infrastructure that is
used in the water industry (including on the customer's side of any connection
point); or
(c) without limiting
paragraph (b)—in
connection with plumbing (including on the customer's side of any connection
point),
must ensure that—
(d) the work is carried out as required by a standard published under this
Part; and
(e) examinations and tests are carried out as required by standards
published under this Part.
Maximum penalty: $5 000.
(3) A standard published by the Technical Regulator under this Part
may—
(a) specify work to which
subsection (1)
applies; and
(b) specify persons to whom
subsection (2)
applies.
67—Responsibilities
of water industry entity
(1) A water industry
entity must, in relation to—
(a) any infrastructure used by the entity in the water industry;
or
(b) any equipment connected to, or any equipment, products or materials
used in connection with, any infrastructure used by the entity in the water
industry,
take reasonable steps to ensure that—
(c) the infrastructure, equipment, products or materials comply with, and
are used in accordance with, technical and safety requirements specified
by—
(i) standards published under this Part; and
(ii) any other technical or safety requirements or standards specified
from time to time by the Technical Regulator; and
(d) the infrastructure, equipment, products or materials are safe and in
good working order.
Maximum penalty: $250 000.
(2) Without limiting
subsection (1), the
Technical Regulator may, at any time and as the Technical Regulator thinks fit,
require a water industry entity—
(a) to prepare and periodically revise a safety, reliability, maintenance
and technical management plan dealing with matters prescribed by regulation in
accordance with any requirements specified by the Technical Regulator;
and
(b) to obtain the approval of the Technical Regulator to the plan and any
revision; and
(c) to comply with the plan as approved from time to time; and
(d) to audit from time to time the entity's compliance with the plans and
report the results of those audits to the Technical Regulator.
(3) A water industry entity must not, without reasonable excuse, fail to
comply with a requirement under
subsection (2).
Maximum penalty: $250 000.
68—Responsibilities
of customers
(1) A customer who is
supplied with a retail service must—
(a) ensure that any equipment located on his or her premises that is
relevant to the operation of that service (being equipment located on the
customer's side of the connection point) complies with any relevant technical or
safety requirements and is kept in good repair; and
(b) take reasonable steps to prevent—
(i) any water running to waste on the premises; or
(ii) any waste material that should be discharged into a sewerage system
to escape.
Maximum penalty: $2 500.
(2) For the purposes of ensuring under this section that any equipment
complies with any technical or safety requirements, a person may, subject to the
regulations, rely on any certificate of compliance issued under a scheme (if any
or if relevant) established or approved by the Technical Regulator for the
purposes of this Part.
(3) If a person fails
to comply with
subsection (1), the
Technical Regulator or the water industry entity providing the service may
disconnect the supply of water to the place, or the collection of sewerage from
the place, or restrict the supply of services to that place.
(4) If an authorised officer or a water industry officer seeks to enter a
place for the purposes of taking action under
subsection (3) and
entry is refused, the authorised officer or water industry officer may do so
under a warrant under
Part 10.
(5) An authorised officer or a water industry officer may not enter a
place under a warrant unless accompanied by a police officer.
69—Prohibition
of sale or use of unsuitable items
(1) If, in the Technical Regulator's opinion, a particular component or
component of a particular class is, or is likely to become, unsuitable for use
in connection with the supply of water or the removal or treatment of sewerage,
the Technical Regulator may prohibit the sale or use (or both sale and use) of
the component or components of the relevant class.
(2) If, in the Technical Regulator's opinion, a particular component or
component of a particular class is, or is likely to become, unsuitable for use
in connection with the supply of water or the removal or treatment of sewerage,
the Technical Regulator may require traders who have sold the component in the
State—
(a) to take specified action to recall the component from use;
and
(b) —
(i) to take specified action to render the component suitable for use;
or
(ii) if it is not practicable to render the component suitable for use or
the trader chooses not to do so—to refund the purchase price on return of
the component.
(3) A prohibition or requirement is imposed under this
section—
(a) by notice in writing given personally or by post to the person to whom
it is addressed; or
(b) if addressed to a class of persons, or the public generally—by
public notice,
and may be varied or revoked in the same way.
(4) A person must not contravene or fail to comply with a prohibition or
requirement under this section.
Maximum penalty: $10 000.
(5) The Technical Regulator is not obliged to conduct a hearing or invite
submissions in connection with the exercise of a power under this section if the
Technical Regulator considers that urgent action is required.
(6) In this section—
component means a component for any infrastructure,
equipment, product or material used in or in connection with the water industry
or in connection with plumbing.
70—Public
warning statements about unsuitable components, practices
etc
(1) The Technical
Regulator may, if satisfied that it is in the public interest to do so, make a
public statement identifying and giving warnings or information about any of the
following:
(a) components for any relevant equipment that, in the opinion of the
Technical Regulator, are or are likely to become unsuitable for use and persons
who supply the components;
(b) uses of relevant equipment or components for relevant equipment, or
installation practices, that, in the opinion of the Technical Regulator, are
unsuitable;
(c) uses of products or materials that, in the opinion of the Technical
Regulator, are unsuitable;
(d) any other practices or circumstances associated with relevant
equipment or components for relevant equipment.
(2) A statement under
subsection (1) may
identify particular equipment, components, services, practices and
persons.
(3) Neither the
Technical Regulator nor the Crown incurs any liability for a statement made by
the Technical Regulator in good faith in the exercise or purported exercise of
powers under this section.
(4) No liability is incurred by a person for publishing in good
faith—
(a) a statement referred to in
subsection (3);
or
(b) a fair report or summary of such a statement.
(5) The Technical Regulator is not obliged to conduct a hearing or invite
submissions in connection with the exercise of a power under this section if the
Technical Regulator considers that urgent action is required.
(6) In this section—
relevant equipment means any equipment that may be used in
connection with any infrastructure used in or in connection with the water
industry or in connection with plumbing (including on the customer's side of any
connection point).
Division 1—Appointment
of authorised officers
71—Appointment
of authorised officers
(1) The Minister may appoint a person to be an authorised
officer.
(2) An authorised officer may (but need not be) a Public Service
employee.
(3) An authorised
officer may be assigned to assist 1 or more of—
(a) the Minister;
(b) the Commission;
(c) the Technical Regulator,
as the Minister considers appropriate.
(4) An authorised officer will, in the performance of functions and the
exercise of powers, be subject to control and direction by an entity referred to
in
subsection (3) under
a scheme established by the Minister after consultation with the Commission and
the Technical Regulator.
(1) An authorised officer may be appointed for a stated term or for an
indefinite term that continues while the officer holds a stated office or
position.
(2) An authorised officer holds office on the conditions stated in the
instrument of appointment.
(3) An authorised officer may resign by written notice given to the
Minister.
(4) An authorised officer may be removed from office by the
Minister.
(1) An authorised officer must be issued with an identity card in a form
approved by the Minister—
(a) containing a photograph of the person taken for the purpose;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) containing any other information determined by the Minister for the
purposes of this section.
(2) The identity card must be issued as soon as is reasonably practicable
after the appointment is made (but an authorised officer is not prevented from
exercising powers under this Act just because an identity card is yet to be
issued).
(3) An authorised officer must, at the request of a person in relation to
whom the officer intends to exercise any powers under this Act, produce for the
inspection of the person his or her identity card (unless the identity card is
yet to be issued).
Division 2—General
powers of authorised officers
(1) An authorised officer may, as reasonably required for the purposes of
the administration or enforcement of this Act, enter and remain in any
place.
(2) When an authorised officer enters a place under this section, the
authorised officer—
(a) may be accompanied by such assistants as the authorised officer
considers necessary or appropriate; and
(b) may take any vehicles or equipment the authorised officer considers
necessary or appropriate for the functions the authorised officer is to carry
out in the place.
(3) An authorised officer may use reasonable force to enter a place under
this Part if—
(a) the entry is authorised under a warrant under
Part 10;
or
(b) the entry is necessary in an emergency.
(4) An authorised officer must be accompanied by a police
officer—
(a) when entering a place under a warrant; or
(b) if it is practicable to do so, when entering a place by force in an
emergency.
(1) An authorised
officer who enters a place under this Part may—
(a) ask questions of any person found in the place; and
(b) inspect, examine or test any infrastructure, plumbing, equipment,
product, materials or other thing, or any substance, located or found at the
place; and
(c) require any person to state his or her full name and address and to
produce evidence of his or her identity; and
(d) take and remove samples of any substance or other thing found or
located at the place; and
(e) require any person to produce any plans, specifications, books, papers
or documents; and
(f) examine, copy and take extracts from any plans, specifications, books,
papers or documents; and
(g) take photographs, films or video recordings; and
(h) take measurements, make notes and carry out tests; and
(i) disconnect, close, turn off or remove any infrastructure or equipment;
and
(j) open or reconnect any infrastructure or equipment; and
(k) remove any substance or object that may constitute evidence of the
commission of an offence against this Act; and
(l) exercise any other power prescribed by the regulations.
(2) If an authorised officer takes possession of an object that may be
evidence of an offence—
(a) the authorised officer must give the occupier of the place a receipt
for the object; and
(b) the object must be returned to its owner—
(i) if proceedings for an offence are not commenced within 6 months
after the authorised officer takes possession of the object—at the end of
that period; or
(ii) if such proceedings are commenced within that period—on
completion of the proceedings, unless the court, on application by the Minister,
Commission or Technical Regulator, orders confiscation of the object.
(3) A court may order the confiscation of an object of which an authorised
officer has taken possession under
subsection (1)
if of the opinion that the object has been used for the purpose of committing an
offence or there is some other proper reason for ordering its
confiscation.
(4) If the court orders the confiscation of an object, the Minister, the
Commission or Technical Regulator may dispose of the object.
(5) A person who—
(a) having been asked a question under this section, does not answer the
question to the best of his or her knowledge, information and belief;
or
(b) being the person in charge of a place subject to an inspection and
having been required to provide reasonable assistance to facilitate the
inspection, refuses or fail to provide such assistance,
is guilty of an offence.
Maximum penalty: $10 000.
Division 3—Specific
powers in relation to infrastructure and equipment
(1) If an authorised officer finds that water is being supplied or
consumed contrary to this Act, the authorised officer may disconnect the water
supply.
(2) If an authorised officer disconnects a water supply under this
section, the officer must give written notice to the occupier of the relevant
place—
(a) informing the occupier that the water supply has been disconnected
under this section; and
(b) directing that the water supply must not be reconnected until
arrangements have been made to the satisfaction of an authorised officer to
ensure against future contravention of this Act.
(3) If a water supply has been disconnected under this section, a person
must not reconnect the water supply, or have it reconnected, without the
approval of an authorised officer.
Maximum penalty: $10 000.
77—Power
to make infrastructure etc safe
(1) If an authorised officer finds any water/sewerage infrastructure or
any equipment, product or materials unsafe, the authorised officer
may—
(a) disconnect the supply of water to the place, or the collection of
sewerage from the place, or give a direction requiring any such
disconnection;
(b) restrict the provision of any service;
(c) give a direction requiring the carrying out of work necessary to make
the infrastructure, equipment, product or materials safe before any reconnection
is made.
(2) Subject to this section, a direction under this section must be
given—
(a) in relation to water/sewerage infrastructure—to the water
industry entity that operates the infrastructure;
(b) in relation to any equipment, product or materials—to the person
in charge of the equipment, product or materials or the occupier of the place in
which the equipment, product or materials are installed or located.
(3) A direction under this section may be given by written notice or, if
the authorised officer is of the opinion that immediate action is required,
orally (but if the direction is given orally it must be confirmed in
writing).
(4) A person to whom a direction is given under this
section—
(a) must comply with the direction; and
(b) if relevant, must not reconnect or permit the reconnection of the
water supply or sewerage infrastructure (as the case may be) unless the work
required by the direction under this section has been carried out, or an
authorised officer approves the reconnection.
Maximum penalty: $10 000.
78—Power
to require information or documents
(1) An authorised officer may require a person to provide information in
the person's possession relevant to the administration or enforcement of this
Act.
(2) An authorised officer may require a person to produce documents in the
person's possession that may be relevant to the administration or enforcement of
this Act for inspection by the authorised officer.
(3) A person must not, without reasonable excuse, fail to comply with a
requirement under this section.
Maximum penalty: $10 000.
(4) This section does not limit the operation of any other provision of
this Act.
(1) An authorised officer may issue a notice (an enforcement
notice) under this section for the purpose of securing compliance with a
requirement imposed by or under this Act (including a standard issued under
Part 7).
(2) A notice under
this section—
(a) subject to
subsection (3),
must be in the form of a written notice served on the person to whom it is
issued; and
(b) must specify the person to whom it is issued (whether by name or by a
description sufficient to identify the person); and
(c) may direct 2 or more persons to do something specified in the notice
jointly; and
(d) without limiting any other provision, in the case of a notice that
relates to a situation existing on any premises, may be issued to any person
who—
(i) is the owner or occupier of the premises; or
(ii) has the management or control of the premises; and
(e) without limiting any other provision, may be issued to any person who
has performed, or is performing, any work (including work on any premises owned
or occupied by another person); and
(f) must state the grounds on which the notice is issued; and
(g) may impose any
requirement reasonably required for the purpose for which the notice is issued
including 1 or more of the following:
(i) a requirement that the person discontinue, or not commence, a
specified activity indefinitely or for a specified period or until further
notice from a relevant authority;
(ii) a requirement that the person take specified action in a specified
way, and within a specified period or at specified times or in specified
circumstances;
(iii) a requirement that the person comply with any specified standard or
code published by the Technical Regulator or any other specified person or body
referred to in the notice;
(iv) a requirement that the person undertake specified tests or
monitoring;
(v) a requirement that the person furnish to a relevant authority
specified results or reports;
(vi) a requirement prescribed by the regulations; and
(h) must state that the person may, within 14 days, apply for a
review of the notice or institute an appeal against the notice under the
provisions of this Act.
(3) An authorised
officer may, if of the opinion that urgent action is required, issue an
emergency notice imposing a requirement of a kind referred to in
subsection (2)(g)
as reasonably required in the circumstances.
(4) An emergency enforcement notice may be issued orally (and without
compliance with a requirement to give preliminary notice) but, in that event,
the person to whom the notice is issued must be advised forthwith of the
person's right to appeal to the District Court against the order.
(5) If an emergency enforcement notice is issued by an authorised officer,
the notice will cease to have effect on the expiration of 72 hours from the
time of issuing unless confirmed by a written notice served on the relevant
person.
(6) An authorised officer may, by written notice served on a person to
whom a notice under this section has been issued, vary or revoke the
notice.
(7) A relevant authority may, by written notice served on a person to whom
a notice under this section has been issued by the relevant authority, vary or
revoke the notice.
(8) A person to whom a notice is issued under this section must not,
without reasonable excuse, fail to comply with the notice.
Maximum penalty: $25 000.
(9) A person must not hinder or obstruct a person complying with a notice
under this section.
Maximum penalty: $25 000.
(10) If the
requirements of a notice under this section are not complied with, a relevant
authority may take any action required by the notice.
(11) Action to be
taken by a relevant authority under
subsection (10)
may be taken on the relevant authority's behalf by an authorised officer or
another person authorised by the relevant authority for the purpose.
(12) A person taking action under
subsection (10)
or
(11) may enter any
premises at any reasonable time.
(13) The reasonable costs and expenses incurred by a relevant authority in
taking action under
subsections (10)
and
(11) may be recovered
by the relevant authority as a debt from the person who failed to comply with
the requirements of the notice.
(14) If an amount is recoverable from a person by a relevant authority
under this section, the relevant authority may, by notice in writing to the
person, fix a period, being not less than 28 days from the date of the
notice, within which the amount must be paid by the person, and, if the amount
is not paid by the person within that period, the person is liable to pay
interest charged at the prescribed rate per annum on the amount
unpaid.
(15) In this section—
relevant authority means—
(a) the Minister; or
(b) the Commission; or
(c) the Technical Regulator.
(1) Subject to
subsection (2),
a person is not required to give information or produce a document under this
Part if the answer to the question or the contents of the document would tend to
incriminate the person of an offence.
(2) If a person is
required to give information or produce a document under this Part in
circumstances prescribed by the regulations and the information or document
would tend to incriminate the person of an offence, the person must nevertheless
give the information or produce the document, but—
(a) if the person is a natural person, the information or document so
given or produced will not be admissible in evidence against the person in
proceedings for an offence (other than an offence relating to the making of a
false or misleading statement or declaration); and
(b) if the person is a body corporate—
(i) the information or document so given or produced will not be
admissible in evidence against a director of the body corporate in proceedings
for an offence (other than an offence relating to the making of a false or
misleading statement or declaration); and
(ii) a director will not be guilty of an offence (other than an offence
relating to the making of a false or misleading statement or declaration) as a
result of the body corporate having been found guilty of an offence in
proceedings in which the information or document so given or produced was
admitted in evidence against the body corporate.
81—Warning
notices and assurances
(1) If it appears to the Commission that a person has contravened a
provision of
Part 4, the
Commission may issue a warning notice to the person—
(a) informing the person that the Commission considers that the
contravention has occurred; and
(b) providing the person with the option—
(i) to the extent that the contravention is capable of being
rectified—to take action specified in the notice to rectify the
contravention within the period specified in the notice; and
(ii) to give the Commission an assurance, in the terms specified in the
notice, and within the period specified in the notice, that the person will
avoid a future such contravention.
(2) If it appears to the Technical Regulator that a person has contravened
a provision of
Part 7, the
Technical Regulator may issue a warning notice to the person—
(a) informing the person that the Technical Regulator considers that the
contravention has occurred; and
(b) providing the person with the option—
(i) to the extent that the contravention is capable of being
rectified—to take action specified in the notice to rectify the
contravention within the period specified in the notice; and
(ii) to give the Technical Regulator an assurance, in the terms specified
in the notice, and within the period specified in the notice, that the person
will avoid a future such contravention.
(3) A warning notice issued under this section, and an assurance given
under this section, must be in writing.
(4) The action that may be specified in a warning notice to rectify a
contravention may include action to remedy adverse consequences of the
contravention, for example (without limitation)—
(a) the refunding of an amount wrongly paid to the person as a result of
the contravention; or
(b) the payment of compensation to a person who has suffered loss, damage
or injury as a result of the contravention; or
(c) the disclosure of information; or
(d) the publication of advertisements relating to the contravention or
relating to action to rectify or remedy the contravention.
(5) The Commission or the Technical Regulator may, by written notice to a
person, vary a warning notice issued to the person.
(6) If—
(a) the Commission or the Technical Regulator issues a warning notice to a
person; and
(i) fails to take action specified in the notice to rectify the
contravention within the period specified in the notice; or
(ii) fails to give the Commission or the Technical Regulator, as the case
requires, an assurance in the terms specified in the notice within the period
specified in the notice; or
(iii) contravenes an assurance given by the person in response to the
notice,
then the Commission or the Technical Regulator may proceed against the
person in respect of the contravention to which the notice relates (but if the
person takes up the option provided by the notice, and does not fall within the
ambit of
paragraph (b),
then the person is not liable to be prosecuted for the contravention).
(7) In connection,
with the operation of the preceding subsections—
(a) the Commission must keep a register of warning notices issued by the
Commission under this section, and a register of assurances given to the
Commission under this section; and
(b) the Technical Regulator must keep a register of warning notices issued
by the Technical Regulator under this section, and a register of assurances
given to the Technical Regulator under this section.
(8) A person may, without payment of a fee, inspect a register kept under
subsection (7).
(1) If the District Court is satisfied, on the application of the
Minister, the Commission, the Technical Regulator or any other person, that a
person has engaged or proposes to engage in conduct that constitutes or would
constitute a contravention of this Act, the Court may grant an injunction in
such terms as the Court determines to be appropriate.
(2) If the District Court is satisfied, on the application of the
Minister, the Commission, or the Technical Regulator, that a person has engaged
in conduct constituting a contravention of this Act, the Court may grant an
injunction requiring that person to take specified action to remedy any adverse
consequence of that conduct.
(3) The action that may be required by an injunction to remedy adverse
consequences of conduct constituting a contravention may include (without
limitation)—
(a) the refunding of an amount wrongly paid as a result of the
contravention; or
(b) the payment of compensation to a person who has suffered loss, damage
or injury as a result of the contravention; or
(c) the making good or restoration of any condition or situation;
or
(d) the disclosure of information; or
(e) the publication of advertisements relating to the contravention or
relating to action to rectify or remedy the contravention.
(4) An injunction may be granted by the District Court under this
section—
(a) in proceedings in which the Court convicts a person of an offence to
which the application relates; or
(b) in proceedings brought before the Court for the purpose of obtaining
the injunction.
(5) The power of the District Court to grant an injunction restraining a
person from engaging in conduct may be exercised—
(a) whether or not it appears to the Court that the person intends to
engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the person has previously engaged in conduct of that
kind; and
(c) whether or not there is an imminent danger of substantial damage to
any other person if the person engages in conduct of that kind.
(6) The power of the District Court to grant an injunction requiring a
person to do an act or thing may be exercised—
(a) whether or not it appears to the Court that the person intends to
refuse or fail again, or to continue to refuse or fail, to do that act or thing;
and
(b) whether or not the person has previously refused or failed to do that
act or thing; and
(c) whether or not there is an imminent danger of substantial damage to
any other person if the person refuses or fails to do that act or
thing.
(7) An interim injunction may be granted under this section pending final
determination of the application.
(8) A final injunction may, by consent of the parties, be granted under
this section without proof that proper grounds for the injunction
exist.
(9) Where the Minister, the Commission or the Technical Regulator applies
for an injunction under this section, no undertaking as to damages will be
required.
(10) The Minister may give an undertaking as to damages or costs on behalf
of some other applicant and, in that event, no further undertaking will be
required.
(11) An injunction under this section may be rescinded or varied at any
time.
(12) A reference in this section to the District Court is a reference to
the Court in any of its Divisions.
83—Review
of decisions by Commission or Technical Regulator
(1) Subject to this
section, an application may be made to—
(a) the Commission by an applicant for the issue or variation of the terms
or conditions of a licence under
Part 4, or for
agreement to the transfer of such a licence, for review of a decision of the
Commission to refuse the application; or
(b) the Commission by a water industry entity for review of a decision of
the Commission under
Part 4 to suspend or
cancel the entity's licence or to vary the terms or conditions of the entity's
licence; or
(c) the Technical Regulator by a person to whom a direction has been given
under this Act by the Technical Regulator or an authorised officer for review of
the decision to give the direction; or
(d) the Technical Regulator by a person affected by the decision for
review of a decision of an authorised officer or a water industry officer to
disconnect or restrict a supply of water to a place, or the collection of sewage
from a place, or to restrict the provision of a service.
(2) An application may not be made under
subsection (1) in
relation to—
(a) the exercise of a power of an authorised officer under
Part 8
Division 2; or
(b) a decision to issue an enforcement notice under
Part 8
Division 4, or any matter associated with the requirements or
enforcement of such a notice.
(3) An application for review under this section must—
(a) be in writing; and
(b) set out the decision to which the application relates; and
(c) set out in detail the grounds on which the applicant seeks review and
the decision sought on the review; and
(d) be accompanied by any information that the applicant considers should
be taken into account by the Commission or the Technical Regulator on the
review; and
(e) be lodged with the Commission or the Technical
Regulator—
(i) in the case of a decision relating to a licence or application for a
licence—within 10 working days after written notice of the decision
is given to the water industry entity or applicant;
(ii) in the case of a decision to a direction—within 10 working
days after the direction is given;
(iii) in the case of a decision to disconnect or restrict a
service—within 10 working days after notice of the disconnection or
restriction is given or, if notice is not given, within 10 working days
after the service is disconnected or restricted.
(4) The Commission or the Technical Regulator, as the case requires, may
stay the operation of the decision to which the application relates.
(5) A review must be decided within 4 weeks of the application being
lodged.
(6) If a review is not decided within that period, the Commission or the
Technical Regulator, as the case requires, is to be taken to have confirmed the
decision.
(7) After considering the application, the Commission or the Technical
Regulator, as the case requires, may confirm, amend or substitute the
decision.
(8) The Commission or the Technical Regulator must give the applicant
written notice of the decision, and the reasons for the decision, on the
review.
(1) The following
rights of appeal lie to the District Court:
(a) an applicant for
review under
section 83 who is
dissatisfied with a decision as confirmed, amended or substituted by the
Commission or the Technical Regulator;
(b) a person to whom an
enforcement notice has been issued under
Part 8
Division 4.
(2) An appeal must be made—
(a) in the case of an appeal under
subsection (1)(a)—within
14 days after receipt of the written notice of the decision appealed
against or, if the Commission or the Technical Regulator failed to make a
decision on the review within the allowed period, within 14 days after the
end of that period; and
(b) in the case of an appeal under
subsection (1)(b)—within
14 days after the notice is issued to the relevant person.
(3) In the case of an appeal under
subsection (1)(a),
the District Court must sit with experts selected in accordance with
Schedule 1.
(4) The District Court may—
(a) on an appeal under
subsection (1)(a)—
(i) affirm the decision appealed against; or
(ii) remit the matter to the original decision maker for consideration or
further consideration in accordance with any directions of the Court;
and
(b) on an appeal under
subsection (1)(b)—
(i) confirm, vary or revoke the notice; or
(ii) remit the matter to any person or body under this Act for further
consideration; and
(c) in any event—make any consequential or ancillary order or
direction, or impose any condition, that the Court considers necessary or
expedient on account of an appeal under this section.
(5) An appeal under the District
Court Act 1991 will lie against a decision of the District Court
under this section on a question of law (but not on a question of
fact).
85—Minister's
power to intervene
The Minister may intervene, personally or by counsel or other
representative, in a review or appeal under this Part for the purpose of
introducing evidence, or making submissions, on any question relevant to the
public interest.
86—Minister's
power to require information
(1) The Minister may require the Commission, the Technical Regulator, a
water industry entity or other person to give the Minister, within a time
specified by the Minister (which must be reasonable), information in the
person's possession that the Minister reasonably requires for the performance of
the Minister's functions under this Act.
(2) A person required to give information under this section must provide
the information within the time specified by the Minister.
Maximum penalty: $20 000.
(1) The Minister may delegate a function or power conferred on the
Minister under this Act—
(a) to a particular person or body; or
(b) to the person for the time being occupying a particular office or
position.
(2) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be made subject to conditions or limitations specified in the
instrument of delegation; and
(b) does not derogate from the power of the Minister to act in a matter;
and
(c) is revocable at will by the Minister.
(4) In any legal proceedings an apparently genuine certificate,
purportedly given by the Minister, containing particulars of a delegation under
this will, in the absence of proof to the contrary, be accepted as proof that
the delegation was made in accordance with the particulars.
88—Consultation
between agencies
(1) The following
agencies must, insofar as they share common interests, consult with each other
in connection with the operation and administration of this Act:
(a) the Commission;
(b) the Technical Regulator;
(c) the Minister's Department;
(d) the Health Department;
(e) the Environment Protection Authority.
(2) The consultation under
subsection (1) must
be consistent with any requirement prescribed by the regulations.
(3) This section does not derogate from the operation of sections 10
and 11 of the Essential
Services Commission Act 2002.
89—Seizure
and dismantling of infrastructure
(1) Water/sewerage infrastructure cannot be seized and dismantled in
execution of a judgment.
(2) This section does not prevent the sale of infrastructure as a part of
an ongoing concern in execution of a judgement.
90—Water
conservation measures
(1) For the purposes of this section, water conservation measures may do
1 or more of the following:
(a) prohibit the use of water for a specified purpose or purposes, or
restrict or regulate the purposes for which water can be used;
(b) prohibit the use of water in a specified manner or by specified means,
or restrict or regulate the manner in which, or the means by which, water may be
used;
(c) prohibit specified uses of water during specified periods, or restrict
or regulate the times at which water may be used.
(2) The Governor
may, by regulation, introduce 1 or more water conservation
measures.
(3) Regulations under
subsection (2)
must be declared to be made—
(a) for the purposes of taking action to provide for the better
conservation, use or management of water (longer-term measures);
or
(b) for the purposes of taking action on account of a situation, or likely
situation, that, in the opinion of the Governor, has resulted, or is likely to
result, in a decrease of the amount of water available within a particular area
of the State (short-term measures).
(4) A regulation under
subsection (2)
will, unless it has already been revoked, expire—
(a) in the case of a longer-term measure—at the expiration of
5 years from the day on which it comes into operation;
(b) in the case of a short-term measure—at the expiration of
1 year from the day on which it comes into operation.
(5) Before a regulation is made under
subsection (2)
the Minister should take reasonable steps to consult with persons who, in the
opinion of the Minister, are appropriate representatives of groups who will be
affected by the proposed regulation.
(6) A regulation under this section may provide that a specified activity
involving the use of water cannot occur except under the authority of an
approval or permit issued by the Minister or another specified person or body in
accordance with the regulations.
(7) A regulation under this section may—
(a) apply in relation to any water—
(i) that forms part of the water resources of the State; or
(ii) that is available for use within the State (including through a water
reticulation system);
(b) apply in relation to the whole or any part of the State;
(c) apply any measure in relation to specified classes of persons or
bodies, or generally;
(d) specify conditions or provide for exemptions;
(e) otherwise make different provision according to circumstances
specified in the regulation.
(8) The revocation or expiration of a regulation under this section does
not prevent the making of another regulation that comes into operation on or
after the revocation or expiry of the regulation.
(9) A person who contravenes or fails to comply with a regulation under
this section is guilty of an offence.
Maximum penalty:
(a) where the offender is a body corporate—$10 000;
(b) where the offender is a natural person—$5 000.
(1) The Save the River
Murray levy is—
(a) for Category 1 land—$C1 (indexed) for each financial
year;
(b) for Category 2 land—$C2 (indexed) for each financial
year.
(2) In
subsection (1)—
Category 1 land is residential land and land of any other
class declared under
subsection (5) to be
Category 1 land;
Category 2 land is any land other than Category 1
land;
$C1 is—
(a) in relation to the financial year commencing or underway when this
section comes into operation—the amount applying under
clause 38 of
Schedule 2 in
relation to Category 1 land; and
(b) in relation to each subsequent financial year—the amount
adjusted under
subsection (4);
$C2 is—
(a) in relation to the financial year commencing or underway when this
section comes into operation—the amount applying under
clause 38 of
Schedule 2 in
relation to Category 2 land; and
(b) in relation to each subsequent year—the amount adjusted under
subsection (4).
(3) A proportionate
amount of the levy is payable for each quarter.
(4) The amount of any
levy is to be adjusted (to the nearest 20 cents) for each financial year
commencing after the commencement of this section by multiplying the relevant
amount fixed in
subsection (1) by a
multiplier obtained by dividing the Consumer Price Index (All Groups Index for
Adelaide) for the March quarter in the calendar year in which the relevant
financial year commences by the Consumer Price Index (All Groups Index for
Adelaide) for the March quarter of the calendar year in which this section
commences.
(a) declare specified non-residential land or a particular class of
non-residential land to be Category 1 land; or
(b) exclude specified land or land of a specified class from the
application of the levy; or
(c) declare that specified persons or persons of a specified class are
entitled to a remission or partial remission of the levy; or
(d) vary or revoke a previous declaration or exclusion under this
subsection.
(6) The Minister is to
exercise the powers conferred by
subsection (5)—
(a) by notice in the Gazette; or
(b) in the case of a declaration or exclusion related to specified land or
specified persons (or the variation or exclusion of such a declaration or
exclusion)—by notice in the Gazette or by instrument in writing.
(7) In connection with
the operation of
subsections (5)
and
(6)—
(a) a declaration or exclusion (or the variation or revocation of a
declaration or exclusion) is to take effect from the commencement of a
particular financial year or a particular quarter (to be specified in the
relevant notice or instrument); and
(b) where the declaration or exclusion (or its variation or revocation) is
made by notice in the Gazette, the notice must be published before the date on
which it is to take effect; and
(c) an instrument related to specified land or specified persons may
operate retrospectively from a specified date (but not from a date falling
before the commencement of the financial year in which the instrument is
made).
(8) The above
provisions are subject to the following qualifications:
(a) a council is liable to a single levy of $C2 (as defined under
subsection (2) and
as indexed in accordance with the scheme under
subsection (4)) for
each financial year irrespective of the number of its landholdings and their
classification;
(b) a person entitled to a concession or remission with respect to charges
for the supply of water and who qualifies under the regulations is exempt from
the levy;
(c) a registered housing co-operative entitled to a remission of water
rates in respect of premises or a part of premises under section 104 of the
South
Australian Co-operative and Community Housing Act 1991 is exempt
from the levy to the extent that it would (apart from this paragraph) apply to
the relevant premises or the relevant part of the premises;
(d) a person who, in relation to a particular piece of land, would, but
for the application of this paragraph, be liable to pay a levy to 2 or more
retail service providers in respect of the same financial year, will only be
liable to make 1 payment in accordance with principles determined by the
Treasurer by notice in the Gazette.
(9) The levy will, in
accordance with a scheme established by the Minister after consultation with the
Treasurer and published in the Gazette—
(a) be payable at first
instance to a retail service provider by each customer of the retail service
provider (subject to any exclusion applying under this section and to the
operation of
subsection (8));
and
(b) once received under
paragraph (a), be
passed on by each retail service provider to the Minister.
(10) If land is divided by a strata plan under the Community
Titles Act 1996 or the Strata
Titles Act 1988, the owner of each lot or unit is liable for
payment of the Save the River Murray levy in respect of the lot or
unit.
(11) This section applies subject to
Part 10 Division 4 of
Schedule 2 in
relation to the transitional financial year under that Division.
(12) In this section—
owner in relation to a lot or unit includes subsequent owners
of the lot or unit.
(1) The Save the River Murray Fund continues in
existence.
(2) The Fund will be
held by the River Murray Minister.
(3) The amounts constituting the Save the River Murray levy received by
the Minister under this Act will be paid into the Fund.
(4) The money paid into
the Fund under this section will from time to time be applied by the River
Murray Minister towards—
(a) programs and measures to—
(i) improve and promote the environmental health of the River Murray;
or
(ii) ensure the adequacy, security and quality of the State's water supply
from the River Murray; and
(b) the State's contributions to the Murray-Darling Basin Authority
(established under the Water Act 2007 of the Commonwealth); and
(c) if the River Murray Minister is satisfied that it may be appropriate
to provide rebates in particular cases—the costs of rebates (including the
costs of administering the rebate scheme).
(5) The River Murray Minister must, as soon as practicable after
30 June in each year, submit to the President of the Legislative Council
and the Speaker of the House of Assembly a report detailing—
(a) the amount of money paid into the Fund under this section;
and
(b) the application by the River Murray Minister of money paid into the
Fund under this section,
during the period of 12 months preceding that 30 June.
(6) The President of the Legislative Council and the Speaker of the House
of Assembly must, on receiving a report under this section, lay the report
before their respective Houses.
(7) In this section—
River Murray Minister means the Minister to whom the
administration of the
River
Murray Act 2003 is for the time being committed.
(1) No act or omission undertaken or made by a designated entity, or by
another person acting under the authority of a designated entity, exercising or
performing a power or function under this Act (including by discontinuing or
disconnecting any service, taking action that may damage any land or property,
or adversely affecting the use or enjoyment of any land or property) gives rise
to any liability against the designated entity, person or the Crown.
(2) Nothing done by a person in furnishing information to a designated
entity in accordance with a requirement under this Act—
(a) is to be regarded as placing the person in breach of contract or
confidence or as otherwise making the person guilty of a civil wrong;
or
(b) is to be regarded as placing the person in breach of, or as
constituting a default under, any Act or other law or obligation or any
provision in any agreement, arrangement or understanding; or
(c) is to be regarded as fulfilling any condition that allows a person to
exercise a power, right or remedy in respect of or to terminate any agreement or
obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a
contract or an instrument; or
(e) gives rise to any right or entitlement to damages or
compensation.
(3) In this section—
designated entity means—
(a) the Minister; or
(b) the Commission; or
(c) the Technical Regulator; or
(d) an authorised officer.
94—Impersonation
of officials etc
A person must not impersonate an authorised officer, a water industry
officer or anyone else with powers under this Act.
Maximum penalty: $5 000.
95—Obstruction
of officials etc
(1) A person must not, without reasonable excuse, obstruct an authorised
officer, a water industry officer, or anyone else engaged in the administration
of this Act or the exercise of powers under this Act.
Maximum penalty: $10 000.
(2) A person must not use abusive or intimidatory language to, or engage
in offensive or intimidatory behaviour towards, an authorised officer, a water
industry officer, or anyone else engaged in the administration of this Act or
the exercise of powers under this Act.
Maximum penalty: $5 000.
(1) A water industry
entity must, at the direction of the Minister, provide and maintain fire plugs,
maintain various standards, and comply with any other requirements relating to
the provision of water for fire-fighting purposes, in accordance with any scheme
determined by the Minister for the purposes of this section.
Maximum penalty: $25 000.
(2) A scheme under
subsection (1) may
also require another person or body to make a contribution towards the costs
incurred by a water industry entity in complying with the scheme (and any such
requirement must be complied with by that person or body).
97—Obstruction
of works by occupiers
An occupier of land must not—
(a) refuse to allow an owner of the land to enter the land and take action
to comply with any provision of this Act, or a requirement imposed under this
Act; or
(b) without reasonable excuse, obstruct an owner of the land who is taking
action to comply with any provision of this Act, or a requirement imposed under
this Act.
Maximum penalty: $5 000.
98—False
or misleading information
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information furnished under this Act.
Maximum penalty:
(a) if the person made the statement knowing that it was false or
misleading—$10 000 or imprisonment for 2 years;
(b) in any other case—$5 000.
(1) Proceedings for an offence against this Act must be commenced within
5 years of the date of the alleged offence.
(2) Proceedings for an offence against this Act may be commenced
by—
(a) the Minister; or
(b) the Commission; or
(c) the Technical Regulator; or
(d) an authorised officer; or
(e) the Director of Public Prosecutions; or
(f) a water industry entity authorised by the Minister; or
(g) a water industry officer authorised by the Technical Regulator;
or
(h) a person acting with the authorisation in writing of the
Minister.
(3) An apparently genuine document purporting to be under the hand of the
Minister or the Technical Regulator and to authorise the commencement of
proceedings under this Act must be accepted in legal proceedings, in the absence
of proof to the contrary, as proof of the authorisation.
(4) The following
persons are authorised to give expiation notices for an alleged offence against
this Act (in addition to any person authorised under the Expiation
of Offences Act 1996):
(a) any authorised officer authorised in writing by the Technical
Regulator;
(b) any water industry officer authorised in writing by the Technical
Regulator.
(5) An authorisation under
subsection (4) may
be given subject to such conditions or limitations as the Technical Regulator
thinks fit.
(6) An apparently genuine document purporting to be under the hand of the
Technical Regulator and to give an authorisation under
subsection (4)
must be accepted, in the absence of proof to the contrary, as proof of the
authorisation.
(1) It is a defence to a charge of an offence against this Act if the
defendant proves that the offence was not committed intentionally and did not
result from any failure on the part of the defendant to take reasonable care to
avoid the commission of the offence.
(2) It is a defence to a charge of an offence against this Act if the
defendant proves that the act or omission constituting the offence was
reasonably necessary in the circumstances in order to avert, eliminate or
minimise danger to person or property.
101—Offences
by bodies corporate
If a body corporate is guilty of an offence against this Act, each director
of the body corporate is, subject to the general defences under this Part,
guilty of an offence and liable to the same penalty as may be imposed for the
principal offence.
(1) A person convicted of an offence against a provision of this Act in
respect of a continuing act or omission—
(a) is liable, in addition to the penalty otherwise applicable to the
offence, to a penalty for each day during which the act or omission continued of
not more than one-tenth of the maximum penalty prescribed for that offence;
and
(b) is, if the act or omission continues after the conviction, guilty of a
further offence against the provision and liable, in addition to the penalty
otherwise applicable to the further offence, to a penalty for each day during
which the act or omission continued after the conviction of not more than
one-fifth of the maximum penalty prescribed for the offence.
(2) If an offence consists of an omission to do something that is required
to be done, the omission will be taken to continue for as long as the thing
required to be done remains undone after the end of the period for compliance
with the requirement.
103—Order
for payment of profit from contravention
The court convicting a person of an offence against this Act may order the
convicted person to pay to the Crown an amount not exceeding the court's
estimation of the amount of any monetary, financial or economic benefits
acquired by the person, or accrued or accruing to the person, as a result of the
commission of the offence.
If a person is required by or under this Act to furnish information to the
Minister, Commission or Technical Regulator, the Minister, Commission or
Technical Regulator may require that the information be verified by statutory
declaration and, in that event, the person will not be taken to have furnished
the information as required unless it has been verified in accordance with the
requirements of the Minister, Commission or Technical Regulator.
(1) The Commission
may, with the approval of the Minister, grant an exemption from
Part 4, or specified
provisions of that Part, on terms and conditions the Commission considers
appropriate.
(2) Without limiting
subsection (1),
the power to exempt includes power to exempt a person from the application of a
provision requiring the Commission to make a licence held by the person subject
to a specified condition.
(3) A person
exempted from a requirement to hold a licence under
Part 4 is, if the
Commission has so determined by writing, to be treated as a water industry
entity for the purposes of specified provisions of this or another
Act.
(4) Except as otherwise
provided in the exemption, an exemption under
subsection (1),
or a determination under
subsection (3),
may be varied or revoked by the Commission by notice in writing.
(5) The Technical
Regulator may grant an exemption from
Part 7, or specified
provisions of that Part, on terms and conditions the Technical Regulator
considers appropriate.
(6) Except as otherwise provided in the exemption, an exemption under
subsection (5)
may be varied or revoked by the Technical Regulator by notice in
writing.
(7) The Minister may
grant an exemption from any provision of this Act, other than under
Part 4, on terms and
conditions the Minister considers appropriate.
(8) Except as otherwise provided in the exemption, an exemption under
subsection (7) may
be varied or revoked by the Minister.
(9) The Commission and
the Technical Regulator must each keep a register of exemptions granted by the
Commission or the Technical Regulator (as the case may be) under this
Act.
(10) A register kept under
subsection (9) must
include the terms and conditions of each exemption recorded in it.
(11) A person may, without payment of a fee, inspect a register kept under
subsection (9).
(12) A person in whose favour an exemption is given must comply with the
conditions of the exemption.
Maximum penalty: $50 000.
106—Application
and issue of warrant
(1) An authorised officer or a water industry officer may apply to a
magistrate for a warrant to enter a place specified in the
application.
(2) A magistrate may issue a warrant if satisfied that there are
reasonable grounds for issuing the warrant.
(3) A warrant authorises the authorised officer or water industry officer,
with any assistance and by any force reasonably necessary—
(a) to enter the place specified in the warrant; and
(b) to do anything authorised by this Act,
at any time, or within any period, specified in the warrant.
(4) A water industry officer must be accompanied by a member of the police
force when entering a place under a warrant.
(5) A warrant is to specify the date on which, and the time at which, the
warrant ceases to have effect.
(6) A water industry officer may make an application under this section on
behalf of a water industry entity.
(1) An authorised officer or a water industry officer may apply to a
magistrate for a warrant by telephone, fax or other prescribed means if the
officer considers the urgency of the situation requires it.
(2) The magistrate
may complete and sign the warrant in the same terms as for a warrant applied for
in person if satisfied that there are reasonable grounds for issuing the warrant
urgently.
(3) The magistrate must—
(a) tell the officer—
(i) the terms of the warrant; and
(ii) the date on which, and the time at which, the warrant was signed;
and
(iii) the date on which, and the time at which, the warrant ceases to have
effect; and
(b) record on the warrant the reasons for granting the warrant.
(a) complete a form of warrant in the same terms as the warrant signed by
the magistrate; and
(b) write on the form—
(i) the name of the magistrate; and
(ii) the date on which, and the time at which, the warrant was signed;
and
(c) send the magistrate the completed form of warrant not later than the
day after the warrant is executed or ceases to have effect.
(5) On receipt of the form of warrant, the magistrate must attach it to
the warrant the magistrate signed.
(6) A form of warrant completed by an authorised officer or a water
industry officer under
subsection (4)
has the same force as a warrant signed by the magistrate under
subsection (2).
(7) A water industry officer may make an application under this section on
behalf of a water industry entity.
(1) If, in any legal proceedings, a person is alleged to have held a
specified appointment under this Act at a specified time, the allegation is
taken to have been proved in the absence of proof to the contrary.
(2) In any legal proceedings, an apparently genuine document purporting to
be a certificate of the Commission certifying—
(a) that a person was or was not the holder of a licence at a specified
date or as to the particulars or conditions of a licence; or
(b) as to the giving, issuing, receipt or contents of an order, direction,
delegation, exemption, approval, authorisation, notice or assurance by the
Commission,
constitutes proof of the matters so certified in the absence of proof to
the contrary.
(3) An apparently genuine document purporting to be a certificate of the
Commission certifying as to a person's status as a customer of a prescribed
class, in relation to a specified time and place, constitutes proof of the
matters so certified in the absence of proof to the contrary.
(4) In any legal proceedings, an apparently genuine document purporting to
be a certificate of the Technical Regulator certifying as to the giving,
issuing, receipt or contents of a direction, requirement, delegation, exemption,
approval, authorisation, notice or assurance by the Technical Regulator,
constitutes proof of the matters so certified in the absence of proof to the
contrary.
(5) In any legal proceedings, an apparently genuine document purporting to
be a certificate of an authorised officer certifying as to the giving and
contents of a direction by the officer under this Act, constitutes proof of the
matters so certified in the absence of proof to the contrary.
(6) If, in any legal proceedings, a person is alleged to have acted
without proper authority or a specified approval required under this Act, the
absence of such authority or approval will be presumed in the absence of proof
that such authority or approval in fact existed or had been given.
(7) In any legal proceedings, a plan purporting to be certified by a water
industry entity and to delineate the position of any equipment, plant or drain
connected to any water/sewerage infrastructure constitutes proof of the matters
so certified in the absence of proof to the contrary.
(8) In any legal proceedings, an apparently genuine document purporting to
be a certificate of a water industry entity to the effect—
(a) that on and from a day specified in the certificate the water industry
entity was prepared to supply water by means of a direct service to land
specified in the certificate; or
(b) that on and from a day specified in the certificate land specified in
the certificate could, in the opinion of the water industry entity, by means of
drains or other infrastructure, be drained or serviced by a sewer,
constitutes proof of the matters so certified in the absence of proof to
the contrary.
(9) In any legal proceedings, an apparently genuine document purporting to
be a copy or extract of a register of readings of meters maintained by the water
industry entity and to be certified to be true by the water industry entity
constitutes proof of the quantity of water taken or consumed in the absence of
proof to the contrary.
(1) A notice or
other document required or authorised to be given to or served on a person under
this Act may be given or served—
(a) by delivering it personally to the person or an agent of the person;
or
(b) by leaving it for the person at the person's place of residence or
business with someone apparently over the age of 16 years; or
(c) by posting it to the person or agent of the person at the person's or
agent's last known place of residence or business; or
(d) in some other manner authorised by the regulations.
(2) Without limiting the effect of
subsection (1),
a notice or other document required or authorised to be given to or served on a
person may, if the person is a body corporate, be given to or served on the
person in accordance with the Corporations Act 2001 of the
Commonwealth.
(3) If a notice or other document is required or authorised to be given to
or served on the holder of a licence under this Act and the licence is held by
2 or more persons, it is sufficient for the purposes of this Act if the
notice or other document is given to or served on any one of those
persons.
(1) A water industry entity may cause a ventilating shaft, pipe or tube
for any sewerage infrastructure or drain to be attached to the exterior wall of
a building.
(2) However, the mouth of a shaft, pipe or tube must be at least
1.8 metres higher than any window or door situated within a distance of
9 metres from its location.
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting
subsection (1),
the regulations may—
(a) require the keeping of records and other information by a water
industry entity or any other person or body prescribed by the
regulations;
(b) require the furnishing of reports (including technical or expert
reports), returns, documents or other information to the Minister, the
Commission, the Technical Regulator or any other person or body prescribed by
the regulations;
(c) prescribe circumstances where a charge may be imposed by a water
industry entity in respect of land despite the fact—
(i) that the land is not connected to the relevant service at the relevant
time; or
(ii) the provision of a service to the land has been reduced or
discontinued under this Act;
(d) make provision in relation to the appointment or operations of an
operator under
Part 4
Division 5;
(e) regulate the construction, installation and positioning of
infrastructure or equipment or the use of any products or materials;
(f) without limiting any other paragraph, provide for any matters relating
to plumbing;
(g) prescribe technical, operational and safety requirements and standards
and provide for monitoring and enforcing compliance with prescribed requirements
or standards;
(h) make provision in relation to the payment or recovery of the Save the
River Murray levy;
(i) exempt (conditionally or unconditionally) any persons or operations
from the application of this Act or specified provisions of this Act;
(j) prescribe fees or charges in connection with any matter arising under
this Act, including fees or charges for or in connection with the exercise,
performance or discharge of any power, function or duty of the Minister, the
Commission, the Technical Regulator or an authorised officer under this Act,
which may be of varying amounts according to factors prescribed by the
regulations or specified by the Minister by notice in the Gazette, and provide
for the waiver or refund of such fees or charges;
(k) provide that a breach of a specified provision of this Act or the
regulations is expiable, or expiable in prescribed circumstances, and set an
expiation fee not exceeding $750;
(l) prescribe penalties, not exceeding $10 000, for contravention of
a regulation.
(3) If the regulations grant an exemption from the requirement to hold a
licence under
Part 4, the
regulations may require a person exempted from the requirement to be treated as
a water industry entity for the purposes of specified provisions of this
Act.
(4) The regulations may—
(a) be of general application or limited in application according to the
persons, areas, times or circumstances to which it is expressed to
apply;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined, regulated or prohibited according to the discretion of
the Minister, Commission or the Technical Regulator;
(c) refer to or incorporate, wholly or partially and with or without
modification, any standard or other document prepared or published by a body
referred to in the regulation, as is in force from time to time or as in force
at a particular time.
Schedule 1—Appointment
and selection of experts for District Court
1 The
Minister must establish a panel of experts who may sit as assessors with the
District Court consisting of persons with knowledge of, or experience in, the
water industry or in the fields of commerce or economics.
2 A
member of a panel is to be appointed by the Minister for a term of office not
exceeding 3 years and on conditions determined by the Minister and
specified in the instrument of appointment.
3 A
member of a panel is, on the expiration of a term of office, eligible for
reappointment.
4 Subject
to
subclause 5 and
except in the case of an appeal limited to a question of law, a judicial officer
of the District Court must select 2 members from the panel to sit with the
Court on an appeal that is to be heard by the Court sitting with
experts.
5 A
member of a panel who has a direct or indirect pecuniary or other interest in a
matter before the District Court is disqualified from participating in the
hearing of the matter.
6
Subclause 5 does
not apply if the interest is as a result of the supply of goods or services that
are available to members of the public on the same terms and
conditions.
7 If a
member of a panel sitting with the District Court dies or is for any reason
unable to continue with any proceedings, the Court constituted of the judicial
officer who is presiding at the proceedings and the other member of the panel
sitting with the Court may, if the judicial officer so determines, continue and
complete the proceedings.
8 If
proceedings are reheard, the District Court may have regard to any record of
proceedings made in the earlier proceedings (including a record of evidence
taken in those proceedings).
Schedule 2—Related
amendments, repeals and transitional provisions
Part 1—Related amendments
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Development
Act 1993
2—Amendment
of section 33—Matters against which development must be
assessed
Section 33(1)(c)(iv)—delete "the South Australian Water
Corporation" and substitute:
a water industry entity under the Water
Industry Act 2011 identified under the regulations
Part 3—Amendment of Essential Services
Commission Act 2002
3—Amendment
of section 31—Review by Commission
(1) Section 31(2)(e)—delete "10" and substitute:
20
(2) Section 31(2)(e)—after "or" insert:
within 10 working days
(3) Section 31(3)(b)—delete "in a manner and within a period"
and insert:
, within 20 working days after receiving a copy of the application,
and in a manner
(4) Section 31(6)—delete subsection (6) and
substitute:
(6) A review must be decided—
(a) in the case of a review of a price determination—within
10 weeks of the application being lodged with the Commission; and
(b) in the case of a review of a decision of the Commission under
Part 5—within 6 weeks of the application being lodged with the
Commission.
(5) Section 31(7)—delete "that period" and
substitute:
the relevant period
Part 4—Amendment of Local Government
Act 1999
4—Amendment
of section 155—Service rates and service charges
Section 155—after subsection (5) insert:
(5a) Subsection (5) is subject to the qualification that if the
Essential Services Commission (ESCOSA) makes a determination under
another Act that fixes a price for the provision of a prescribed service that is
inconsistent with that subsection, the determination made by ESCOSA will prevail
to the extent of the inconsistency (and ESCOSA may, in acting under another Act
in a case that is relevant to the operation of this section, apply or take into
account a factor or principle that is in addition to a matter referred to in
subsection (5)).
Part 5—Amendment of Natural Resources
Management Act 2004
5—Amendment
of section 82—Time for implementation of plans
(1) Section 82(2)—delete "Waterworks
Act 1932" and substitute:
Water
Industry Act 2011
(2) Section 82(3)—delete subsection (3) and
substitute:
(3) The consent of the Minister for the time being administering the Water
Industry Act 2011 is required if, in the opinion of the Minister
for the time being administering this Act, implementation of the plan or the
amendments under subsection (2) would affect the quality or quantity of
water flowing into any water infrastructure under the Water
Industry Act 2011.
(3) Section 82(4)—delete "Waterworks
Act 1932" and substitute:
Water
Industry Act 2011
6—Amendment
of section 88—Associated Ministerial consents
Section 88(1)—delete "the waterworks under the Waterworks
Act 1932" and substitute:
any water infrastructure under the Water
Industry Act 2011
7—Amendment
of section 150—Transfer of water licences
Section 150(11)—delete "Waterworks
Act 1932" and substitute:
South
Australian Water Corporation Act 1994
8—Amendment
of section 157—Transfer of water allocations
Section 157(7)—delete "Waterworks
Act 1932" and substitute:
South
Australian Water Corporation Act 1994
9—Amendment
of section 164K—Transfer of delivery capacity
entitlements
Section 164K(10)—delete "Waterworks
Act 1932" and substitute:
South
Australian Water Corporation Act 1994
10—Amendment
of section 173—Water recovery and other rights subject to board's
functions and powers
Section 173(b)—delete paragraph (b)
Part 6—Amendment of Rates and Land Tax
Remission Act 1986
11—Amendment
of section 3—Interpretation
(1) Section 3, definition of rates, (ba)—delete
"sewerage" and substitute:
sewage
(2) Section 3, definition of rates—after
paragraph (ba) insert:
(bb) charges payable to a water industry entity under Part 4 of the
Water
Industry Act 2011; and
12—Amendment
of section 4—Remission of rates
Section 4(1)—after paragraph (b) insert:
and
(c) fix a date from which a remission of charges payable to a water
industry entity under the Water
Industry Act 2011 will no longer be made under this Act.
Schedule 1—delete "Sewerage
Act 1929" and "Waterworks
Act 1932" and substitute:
Water
Industry Act 2011
Part 7—Amendment of Real Property
Act 1886
14—Amendment
of section 223LA—Interpretation
(1) Section 223LA(1), definition of service easement,
(a)—delete paragraph (a) and substitute:
(a) a water industry entity for sewerage or water supply
purposes;
(2) Section 223LA(1)—after the definition of
thoroughfare insert:
water industry entity means an entity involved in the water
industry within the meaning of the
Water
Industry Act 2011.
15—Amendment
of section 223LG—Service easements
(1) Section 223LG(1)—delete "the South Australian Water Corporation
(or a predecessor or successor of the Corporation)" and substitute:
a water industry entity (or a predecessor or successor of such an
entity)
(2) Section 223LG(1)—delete "the Corporation" twice occurring and
substitute in each case:
the entity
Part 8—Amendment of South Australian Water
Corporation Act 1994
16—Amendment
of section 4—Interpretation
Section 4, definition of wastewater—delete the
definition
17—Insertion
of sections 18A to 18D
After section 18 insert:
18A—Entry onto land of the
Corporation
(1) A person who enters
onto, or remains on, land owned or occupied by the Corporation or that is under
the care, control and management of the Corporation without being authorised to
do so by the Corporation is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $315.
(2) Without limiting
the manner in which the Corporation may authorise a person to enter and remain
on land, the Corporation may authorise members of the public to enter and remain
on its land by notice published in the Gazette.
(3) A notice referred to in
subsection (2) may
be varied or revoked by the Corporation by subsequent notice published in the
Gazette.
(4) An authorisation under this section is subject to conditions
imposed—
(a) by this section; or
(b) by regulation; or
(c) by including them in a notice published in the Gazette under
subsection (2) or in
any other form of authorisation given by the Corporation; or
(d) by direction of a person under
subsection (5);
or
(e) by 2 or more of those methods.
(5) A person acting
with the authority of the Corporation (whether an employee of the Corporation or
not) may give directions to a person on, or about to enter, land referred to in
subsection (1) in
relation to their entry, or their right to remain on, the land.
(6) A direction given to a person under
subsection (5) is a
condition of that person's authorisation to enter and remain on the
land.
(7) It is a condition
of an authorisation under this section (except in the case of a person who has
been exempted from this condition by the Corporation) that a person who is on
land referred to in
subsection (1)—
(a) must carry with him or her identification that shows his or her name
and his or her current residential address; and
(b) must present the
identification to a person who is entitled to give directions under
subsection (5) when
requested to do so.
(8) A person must not give directions under
subsection (5) or
make a request under
subsection (7)(b)
unless he or she—
(a) carries identification issued by the Corporation that states that he
or she is authorised to act under this section; and
(b) presents, or makes a genuine attempt to present, the identification to
a person for inspection when giving a direction to the person under
subsection (5) or
when requesting to see the person's identification under
subsection (7).
(9) A person who contravenes or fails to comply with a condition to which
an authorisation is subject is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $315.
18B—Power to lease
infrastructure
(1) The Corporation may
lease any of its infrastructure to any other body or person as the Corporation
thinks fit.
(2) A lease under
subsection (1) will
be for such period, at such rent, on such terms and conditions, and subject to
such powers, reservations, restrictions and provisions, as the Corporation
thinks fit.
(3) The Corporation may accept a surrender of such a lease on such terms
and conditions, and may allow such concessions and remissions, as the
Corporation thinks fit.
(4) During the term of a lease under this section—
(a) the lessee may have and exercise, in relation to the infrastructure
subject to the lease, all such rights, powers and privileges vested in and
exercisable by the Corporation (under this or any other Act) as the Governor may
from time to time declare by proclamation; and
(b) the infrastructure subject to the lease may be taken to be
infrastructure of the lessee (for the purposes of this or any other Act) to such
extent as the Governor may from time to time declare by proclamation.
(5) In this section—
infrastructure has the same meaning as in the Water
Industry Act 2011 and includes any property connected to such
infrastructure.
18C—Recovery of amounts due to
Corporation
(1) Subject to
subsection (2), any
amount (other than a pecuniary penalty) due to the Corporation with respect to
the provision of a water service or a sewerage service under the Water
Industry Act 2011 or under an agreement to defer payment of an
amount due with respect to the provision of a water service or a sewerage
service under the Water
Industry Act 2011 will, until payment, be and remain a first charge
on the land in relation to which the relevant services have been
provided.
(2) An amount referred
to in
subsection (1) that
is payable in relation to land that comprises the whole or part of the common
property of a scheme under the Community
Titles Act 1996 or the Strata
Titles Act 1988 is not a charge on the common property but is,
instead, a first charge on each of the lots or units of the community or strata
scheme.
(3) No statute of limitations or other Act will bar or in any way affect
any action or other legal proceeding for the recovery of any such
amount.
18D—Power to sell land
(1) If any designated
charges are in arrears for a period of 2 years, the Corporation may publish
a notice in the prescribed manner and form for the purposes of this
section.
(2) If, after at least 1 year from the publication of a notice under
subsection (1), all
or any of the relevant designated charges remain unpaid, the Corporation may,
with the approval of the Minister, take action to sell the relevant
land.
(3) Before the
Corporation sells land in pursuance of this section, the Corporation must serve
notice on the owner and occupier of the land—
(a) stating the period for which the designated charges have been in
arrears; and
(b) stating the amount of the total liability presently outstanding and
charged on the land; and
(c) stating that if that amount is not paid in full within 1 month of
service of the notice (or such longer time as the Corporation may allow), the
Corporation intends to sell the land under this section.
(4) A copy of a notice must be served on—
(a) any registered mortgagee or encumbrancee of the land; and
(b) the holder of any caveat over the land.
(5) If the outstanding amount is not paid in full within the time allowed
under
subsection (3), the
Corporation may proceed to sell the land.
(6) The sale will, except in the case of land held from the Crown under a
lease, licence or agreement to purchase, be by public auction (and the
Corporation may set a reserve price for the purposes of the auction).
(7) An auction under this section must be advertised on at least
2 separate occasions in a newspaper circulating generally throughout the
State.
(8) If, before the date of the auction, the outstanding amount and the
costs incurred by the Corporation in proceeding under this section are paid to
the Corporation, the Corporation must withdraw the land from auction.
(9) If—
(a) an auction fails; or
(b) the land is held from the Crown under a lease, licence or agreement to
purchase,
the Corporation may sell the land by private contract for the best price
that the Corporation can reasonably obtain.
(10) Any money received by the Corporation in respect of the sale of land
under this section will be applied as follows:
(a) firstly—in paying the costs of the sale and any other costs
incurred in proceeding under this section;
(b) secondly—in discharging the liability for the designated charges
and any other liabilities to the Corporation in respect of the land;
(c) thirdly—in discharging any liability to the Crown for rates,
charges or taxes (including rates, charges or taxes that are a charge on the
land);
(d) fourthly—in discharging any liability to a council for rates or
any other liability to a council in respect of the land;
(e) fifthly—in discharging any liabilities secured by registered
mortgages, encumbrances or charges;
(f) sixthly—in discharging any other mortgages, encumbrances and
charges of which the Corporation has notice;
(g) seventhly—in payment to the former owner of the land.
(11) If the former owner cannot be found after making reasonable inquiries
as to his or her whereabouts, an amount payable to the former owner must be
dealt with as unclaimed money under the Unclaimed
Moneys Act 1891.
(12) If land is
sold by the Corporation in pursuance of this section, an instrument of transfer
executed by the Corporation will operate to vest title to the land in the
purchaser.
(13) If the
Corporation cannot sell the land under this section after taking all reasonable
steps to do so—
(a) the Corporation
may, by notice in the Gazette, assume title to the land (and title will then, by
force of this subsection, vest in the Corporation); and
(b) the value of the land vested in the Corporation under
paragraph (a),
as at the date of the notice under that paragraph, will be deducted from any
outstanding amount and the costs incurred by the Corporation in proceeding under
this section.
(14) The title vested under
subsection (12)
or
(13) will be free
of—
(a) all mortgages, charges and caveats; and
(b) except in the case of land held from the Crown under lease or
licence—all leases and licences.
(15) An instrument of transfer passing title to land in pursuance of a
sale under this section must, when lodged with the Registrar-General for
registration or enrolment, be accompanied by a statutory declaration made by the
chief executive officer of the Corporation stating that the requirements of this
section in relation to the dealing with the land have been observed.
(16) The chief executive officer of the Corporation must, as soon as is
reasonably practicable after the publication of a notice under
subsection (13),
inform the Registrar-General of the publication of the notice and lodge with the
Registrar-General a statutory declaration stating that the requirements of this
section in relation to dealing with the land have been observed.
(17) If it is not reasonably practicable to obtain the duplicate
certificate of title to land that is vested in a purchaser or the Corporation in
pursuance of this section, the Registrar-General may register the vesting
despite the non-production of the duplicate, but in that event the
Registrar-General must cancel the existing certificate of title for the land and
issue a new certificate in the name of the transferee or the Minister (as the
case may be).
(18) A reference in this section to land, or title to land, held from the
Crown under lease, licence or agreement to purchase, is a reference to the
interest of the lessee, licensee or purchaser in the land.
(19) In this section—
designated charges means any amount (other than a pecuniary
penalty) due to the Corporation with respect to the provision of a water service
or a sewerage service under the Water
Industry Act 2011 or under an agreement to defer payment of an
amount due with respect to the provision of a water service or a sewerage
service under the Water
Industry Act 2011.
Part 9—Repeals
(1) The following Acts
are repealed:
(a) the Sewerage
Act 1929;
(b) the Water
Conservation Act 1936;
(c) the Waterworks
Act 1932.
(2) The Governor may,
by proclamation, suspend the repeal of a specified provision of an Act referred
to in
subclause (1) until
a subsequent day fixed by proclamation, or a day to be fixed by subsequent
proclamation.
(3) For the purposes of
subclause (2), a
reference to a provision of an Act extends to a part of a provision (including a
definition within a provision).
Part 10—Transitional
provisions
Division 1—Preliminary
In this Part—
relevant day means a day appointed by proclamation as the
relevant day for the purposes of the provision in which the term is
used.
Division 2—Special provisions relating to
repeal of Sewerage Act 1929
In this Division—
relevant Act means the Sewerage
Act 1929;
sewerage rates include charges;
transitional financial year means the financial year in which
the relevant day occurs;
undertaking has the same meaning as in the relevant
Act.
21—Rates—transitional
financial year
(1) This clause applies in connection with the provision of retail
services during the transitional financial year with respect to any sewerage
service.
(2) The scheme established by Part 6 of the relevant Act will apply
with respect to the transitional financial year despite the repeal of that Act
by this Act and despite the ability of the Commission otherwise to make a
determination relating to prices under this Act.
(3) Accordingly—
(a) the Minister may, after consultation with
SA Water—
(i) fix a scale or scale under section 73 of the relevant Act upon
which sewerage rates will be levied in relation to the transitional financial
year; and
(ii) fix a minimum sewerage rate under section 75 of the relevant Act
in relation to the transitional financial year,
(and may act under this clause and those sections before, on or after the
relevant day); and
(b) Part 6 of the relevant Act, together with any other provision of
that Act that may be relevant to the operation of that Part or to sewerage rates
under that Act (including in relation to the declaration of drainage areas),
will apply with respect to the declaration, imposition, payment or recovery of
sewerage rates in relation to the transitional financial year as if the relevant
Act had not been repealed; and
(c) sewerage rates fixed under this clause will be taken to constitute the
price for the provision of services to which this clause applies by
SA Water during the transitional financial year; and
(d) the Commission will not make a determination under
section 35 of this
Act in relation to the transitional financial year.
(4) The Minister may, after consultation with SA Water, impose a
requirement under section 78A of the relevant Act in relation to the
transitional financial year (and may act under this clause and that section
before, on or after the relevant day), and that section will continue to apply
as if the relevant Act had not been repealed.
(1) Without limiting any other provision, Part 6 of the relevant Act,
and any other provision prescribed by the regulations for the purposes of this
clause, will continue to apply in relation to any sewerage rates declared or
imposed under that Act before the relevant day as if the relevant Act had not
been repealed.
(2) Without limiting any other provision, sections 93 and 94 of
the relevant Act will apply (and continue to apply)—
(a) to any charge arising under section 93 before the relevant day;
and
(b) to any rates or charges in relation to the provision of sewerage
services due to SA Water on account of the operation of this
Division.
(1) Any notice or
authorisation under the relevant Act given or received before the relevant day
for the purpose of entering or remaining on land will continue to have full
force and effect and any work or other activity to be undertaken, or underway,
under the relevant Act may commence or continue as if the relevant Act had not
been repealed.
(2) Without limiting
subclause (1),
if—
(a) the Minister or SA Water has given or received a notice or
authorisation under a provision of the relevant Act; and
(b) it is expedient for SA Water to proceed on the basis of the
notice or authorisation for the purposes of a section of this Act that
corresponds (wholly or substantially) to the provision under the relevant
Act,
then SA Water may proceed under this Act on the basis of that notice or
authorisation.
(3) Without limiting
subclauses (1) and
(2), the Minister or
SA Water may, on or after the relevant day, occupy, or continue to occupy,
any land on account of action taken under the relevant Act before the relevant
day.
(4) Any other notice given before the relevant day under the relevant Act
will have full force and effect and may be enforced, and any other action
authorised in relation to the notice under the relevant Act may be taken, as if
the relevant Act had not been repealed.
24—Vesting
of undertaking in SA Water
(1) The whole of the
undertaking, and all materials and things which form part of the undertaking,
vested in SA Water by operation of section 14 of the relevant Act will
continue to be vested in and held by SA Water (for as long as it thinks
fit) and may be used by SA Water for the purposes of this or any other
Act.
(2)
Subclause (1) does not
limit or affect the vesting of any property (or interest in property) in
SA Water under any other Act or law.
25—Capital
contribution where capacity of undertaking increased
Despite the repeal of section 47 of the relevant Act—
(a) the section will
continue to apply in relation to any development authorisation that is
given—
(i) before the relevant day; or
(ii) on or after the relevant day on account of any application made
before the relevant day; and
(b) SA Water may, in relation to a development authorisation that is
within the ambit of
paragraph (a), act
under that section as if the section were still in operation; and
(c) a liability to make a contribution under that section may arise on or
after the relevant day (including in relation to any work undertaken on or after
the relevant day).
26—Authorisation
to discharge material into sewerage infrastructure
An authorisation under section 54 of the relevant Act will, on the
relevant day, unless or until revoked by SA Water, be taken to be an
authorisation under section 58 of this Act (and may be varied by
SA Water as it thinks fit).
27—Requirement
to carry out work
A requirement under section 56 of the relevant Act will, on the
relevant day, unless or until revoked by SA Water, be taken to be a
requirement under section 59 of this Act (and may be varied by
SA Water as it thinks fit and may be enforced, including by taking action
required by the relevant notice, by SA Water under the provisions of this
Act).
The Minister may take action under section 61 of the relevant Act on
or after the relevant day in respect of any action taken before the relevant day
(and that section will continue to apply in relation to any such action as if
the relevant Act had not been repealed).
Until a day designated by the Minister by notice in the Gazette,
section 65 of the repealed Act will apply in relation to the imposition of
any charge for the provision of a sewerage service by SA Water (including a
charge imposed under this Act after the relevant day).
Division 3—Special provisions relating to
repeal of Water Conservation Act 1936
In this Division—
relevant Act means the Water
Conservation Act 1936;
transitional financial year means the financial year in which
the relevant day occurs;
water district means a water district constituted under the
relevant Act on the commencement of this Division;
water rates include charges.
31—Rates
and charges—transitional financial year
(1) This clause applies in connection with the provision of retail
services during the transitional financial year with respect to the sale or
supply of water (including a right to the supply of water) to land within a
water district by SA Water.
(2) An agreement under section 19 of the relevant Act entered into
for the purposes of the transitional financial year, or that would have effect
in relation to the transitional financial year if this Act were not enacted, may
have effect in relation to the transitional financial year as if the relevant
Act had not been repealed.
(3) To the extent that may be relevant to the imposition and recovery of
water rates for services supplied during the transitional financial year on
account of when meters are read and the form or nature of the relevant rate or
rates—
(a) water rates may be charged and recovered on a pro rata basis
according to—
(i) readings that relate to water supplied during various periods or parts
of periods; and
(ii) the application of the relevant rate or rates over the period of
supply to which a water rate is to be applied; and
(b) water rates declared or imposed under this clause may, depending on
when meters are read, be recovered after the end of the transitional financial
year.
(4) In connection with the operation of this clause, any determination,
calculation or adjustment of any amount (whether in the nature of a water rate
or in relation to the supply of any water or other services) over or in respect
of any period (whether or not falling within the transitional financial year) or
on a pro rata basis may assume that water has been supplied at a uniform
daily rate over any relevant period.
(5) This clause does not apply to or in relation to—
(a) the determination or imposition of a fee for laying, installing,
providing or connecting any infrastructure in connection with a retail service;
or
(b) any fee relevant to the use of a meter or other device; or
(c) any case prescribed by the regulations.
32—Water
rates—related provisions
(1) Without limiting any other provision, the relevant Act will continue
to apply in relation to any water rates imposed under that Act before the
relevant day as if the relevant Act had not been repealed.
(2) Until the Minister otherwise determines, an agreement in place under
section 19 of the relevant Act in relation to the transitional financial
year may continue to have effect in relation to a subsequent financial year or
years as if section 19 had not been repealed and despite any price for the
provision of water set under this Act (and section 19 will continue to
apply for the purposes of this subclause subject to such modifications as may be
prescribed by the regulations).
(3) Without limiting any other provision, section 87 of the relevant
Act will apply (and continue to apply)—
(a) to any charge arising under that section before the relevant day;
or
(b) to any rates or charges in relation to the supply of water due to
SA Water on account of the operation of this Division.
(4) Any water district will continue to apply in connection with the
operation of this Division.
(1) Any notice or
authorisation under the relevant Act given or received before the relevant day
for the purpose of entering or remaining on land will continue to have full
force and effect and any work or other activity to be undertaken, or underway,
under the relevant Act may commence or continue as if this Act had not been
enacted.
(2) Without
limiting
subclause (1),
if—
(a) the Minister or SA Water has given or received a notice or
authorisation under a provision of the relevant Act; and
(b) it is expedient for SA Water to proceed on the basis of the
notice or authorisation for the purposes of a section of this Act that
corresponds (wholly or substantially) to the provision under the relevant
Act,
then SA Water may proceed under this Act on the basis of that notice or
authorisation.
(3) Without limiting
subclauses (1) and
(2), the Minister or
SA Water may, on or after the relevant day, occupy, or continue to occupy,
any land on account of action taken under the relevant Act before the relevant
day.
(4) Any other notice given before the relevant day under the relevant Act
will have full force and effect and may be enforced, and any action authorised
in relation to the notice under the relevant Act may be taken, as if the
relevant Act had not been repealed.
34—Land
etc vested in Minister
(1) Any land or waterworks vested in the Minister under section 14
or 15 of the relevant Act may be held by the Minister for any
purpose—
(a) relevant to this or any other Act; or
(b) authorised by the Governor by proclamation.
(2) Despite the repeal of the relevant Act, the Governor may at any time
on or after the relevant day make a proclamation contemplated by section 13
or 14 of the relevant Act (and any such proclamation will have effect
according to its terms).
35—Agreements
to bind subsequent owners and occupiers
Unless or until otherwise determined by the Minister, section 20 of
the relevant Act will continue to apply in relation to any agreement within the
ambit of that section immediately before the relevant day.
36—Water
conservation reserves
(1) Despite the repeal of the relevant Act, the Governor may at any time
on or after the relevant day make a proclamation contemplated by
section 53(2) of the relevant Act in relation to any water conservation
reserve vested in a council before the relevant day (and any such proclamation
will have effect according to its terms).
(2) A council may impose a separate rate under section 55 of the
relevant Act in relation to the transitional financial year.
(3) Sections 56 to 62 (inclusive) of the relevant Act will continue
to apply to and in relation to any water conservation reserve vested in a
council before the relevant day.
Division 4—Special provisions relating to
repeal of Waterworks Act 1932
In this Division—
relevant Act means the Waterworks
Act 1932;
transitional financial year means the financial year in which
the relevant day occurs;
water district means a water district constituted under the
relevant Act on the commencement of this Division;
water rates include charges.
38—Rates
and charges—transitional financial year
(1) This clause applies in connection with the provision of retail
services during the transitional financial year with respect to—
(a) the sale or supply of water (including a right to a supply of water)
to land within a water district by SA Water; and
(b) the Save the River Murray levy under the relevant Act.
(2) The scheme established by Part 5 of the relevant Act will apply
with respect to the transitional financial year despite the repeal of that Act
by this Act and despite the ability of the Commission otherwise to make a
determination relating to prices under this Act.
(3) Accordingly—
(a) the Minister may, after consultation with SA Water, make a
declaration under section 65C of the relevant Act before the commencement
of the transitional financial year; and
(b) Part 5 of the relevant Act, together with any other provision of
that Act that may be relevant to the operation of that Part or to water rates
under that Act (including in relation to the declaration of water districts),
will apply with respect to the declaration, imposition, payment or recovery of
water rates in relation to the transitional financial year as if the relevant
Act had not been repealed; and
(c) water rates declared under this clause will be taken to constitute the
price for the provision of services to which this clause applies by
SA Water during the transitional financial year; and
(d) the Commission will not make a determination under section 36 of
this Act in relation to the transitional financial year.
(4) An agreement under section 37 of the relevant Act entered into
for the purposes of the transitional financial year, or that would have effect
in relation to the transitional financial year if this Act were not enacted, may
have effect in relation to the transitional financial year as if the relevant
Act had not been repealed.
(5) To the extent that may be relevant to the imposition and recovery of
water rates for services supplied during the transitional financial year on
account of when meters are read and the form or nature of the relevant rate or
rates—
(a) water rates may be charged and recovered on a pro rata basis
according to—
(i) readings that relate to water supplied during various periods or parts
of periods; and
(ii) the application of the relevant rate or rates over the period of
supply to which a water rate is to be applied; and
(b) water rates declared or imposed under this clause may, depending on
when meters are read, be recovered after the end of the transitional financial
year.
(6) In connection with the operation of this clause, any determination,
calculation or adjustment of any amount (whether in the nature of a water rate
or in relation to the supply of any water or other services) over or in respect
of any period (whether or not falling within the transitional financial year) or
on a pro rata basis may assume that water has been supplied at a uniform
daily rate over any relevant period.
(7) This clause does not apply to or in relation to—
(a) the determination or imposition of a fee for laying, installing,
providing or connecting any infrastructure in connection with a retail service;
or
(b) any fee relevant to the use of a meter or other device; or
(c) any case prescribed by the regulations.
39—Rates
and charges—related provisions
(1) Without limiting any other provision, the relevant Act will continue
to apply in relation to any water rates imposed under that Act before the
relevant day as if the relevant Act had not been repealed.
(2) Until SA Water otherwise determines, an agreement in place under
section 37 of the relevant Act in relation to the transitional financial
year may continue to have effect in relation to a subsequent financial year or
years as if section 37 had not been repealed and despite any price for the
provision of water set under this Act (and section 37 will continue to
apply for the purposes of this subclause subject to such modifications as may be
prescribed by the regulations).
(3) Without limiting any other provision, sections 93 and 98 of
the relevant Act will apply (and continue to apply)—
(a) to any charge arising under section 93 before the relevant day;
and
(b) to any rates or charges in relation to the supply of water due to
SA Water on account of the operation of this Division.
(4) Without limiting any other provision, section 121 of the relevant
Act will apply (and continue to apply) to any rates or charges in relation to
the supply of water on account of the operation of this Division.
(1) Any notice or
authorisation under the relevant Act given or received before the relevant day
for the purpose of entering or remaining on land will continue to have full
force and effect and any work or other activity to be undertaken or underway,
under the relevant Act may commence or continue as if this Act had not been
enacted.
(2) Without limiting
subclause (1),
if—
(a) the Minister or SA Water has given or received a notice or
authorisation under a provision of the relevant Act; and
(b) it is expedient for SA Water to proceed on the basis of the
notice or authorisation for the purposes of a section of this Act that
corresponds (wholly or substantially) to the provision under the relevant
Act,
then SA Water may proceed under this Act on the basis of that notice
or authorisation.
(3) Without limiting
subclauses (1) and
(2), the Minister or SA
Water may, on or after the relevant day, occupy, or continue to occupy, any land
on account of action taken under the relevant Act before the relevant
day.
(4) Any other notice given before the relevant day under the relevant Act
will have full force and effect and may be enforced, and any action authorised
in relation to the notice under the relevant Act may be taken, as if the
relevant Act had not been repealed.
41—Vesting
of waterworks etc in SA Water
(1) Any waterworks,
land, goods, materials and things vested in SA Water by operation of
section 23 of the relevant Act will continue to be vested in and held by
SA Water (for as long as it thinks fit) and may be used by SA Water
for the purposes of this or any other Act.
(2)
Subclause (1) does not
limit or affect the vesting of any property (or interest in property) in
SA Water under any other Act or law.
Sections 28, 29 and 30 of the relevant Act will continue to
operate and have effect until the Minister has established a scheme under
section 96 of this Act.
Until a day designated by the Minister by notice in the Gazette,
section 88 of the repealed Act will apply in relation to the imposition of
any charge for the provision of a water service by SA Water (including a
charge imposed under this Act after the relevant day).
44—Capital
contribution where capacity of waterworks increased
Despite the repeal of section 109B of the relevant
Act—
(a) the section will
continue to apply in relation to any development authorisation that is
given—
(i) before the relevant day; or
(ii) on or after the relevant day on account of any application made
before the relevant day; and
(b) the Minister may, in relation to a development authorisation that is
within the ambit of
paragraph (a), act
under that section as if the section were still in operation; and
(c) a liability to make a contribution under that section may arise on or
after the relevant day (including in relation to any work undertaken on or after
the relevant day).
Division 5—Other matters
(1) A scheme that falls
within the ambit of a regulation under this clause will be taken to be an
approved scheme under section 47.
(2) Section 47 will apply to a scheme under
subclause (1)
subject to such modifications as may be prescribed by the regulations.
Unless the context otherwise requires, a reference in another Act to rates
under the Sewerage
Act 1929 or the Waterworks
Act 1932 will be taken to include references to charges payable to
a water industry entity under the Water
Industry Act 2011.
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under
subclause (1) may,
if the regulation so provides, take effect from the commencement of this Act or
from a later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a
day earlier than the day of the regulation's publication in the Gazette, the
provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts
Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule, apply to any amendment or
repeal effected by this Act.