South Australian Current Regulations South Australian Current Regulations34—Pipes must not lie across allotment boundaries
(1) Subject to this
regulation, a pipe connected to any water/sewerage infrastructure must not lie
across the boundary between adjoining allotments and accordingly—
(i)
lay a pipe that is, or is to be, connected to any
water/sewerage infrastructure across the boundary of adjoining allotments; or
(ii)
connect a pipe that has been laid across the boundary of
adjoining allotments to any water/sewerage infrastructure; and
(b) if,
on the division of land, the boundary of adjoining allotments intersects the
line on which a pipe connected to any water/sewerage infrastructure has been
laid, the owner or occupier of each allotment may be directed by the Technical
Regulator or a water industry entity under this regulation to disconnect the
pipe from the water/sewerage infrastructure.
(2)
Subregulation (1) does not apply in relation to allotments in the same
site under the Strata Titles Act 1988 or in the same community parcel
under the Community Titles Act 1996 .
(3) It is a defence to
a prosecution for an offence against subregulation (1)(a) to prove that
the laying or connecting of the pipe was done with the written approval of the
Technical Regulator or a water industry entity.
(4) If a pipe
connected to any water/sewerage infrastructure lies across the boundary
between adjoining allotments (except allotments in the same site under the
Strata Titles Act 1988 or in the same community parcel under the
Community Titles Act 1996 ), the Technical Regulator or a water
industry entity may give written notice to the owner or occupier of each of
the allotments directing that the pipe be disconnected from the water/sewerage
infrastructure by a qualified person in the manner, at the point and within
the time stated in the notice.
(5) A person to whom a
notice is given under subregulation (4), or a person acting on his or her
behalf, is entitled to carry out such work as is reasonably necessary in order
to comply with the notice (to the extent that the person is qualified to
undertake the work) and for that purpose may enter either or both of the
allotments or any adjoining land.
(6) A person who fails
to comply with a notice is guilty of an offence.
(7) If a person to
whom notice has been given fails to comply with the notice, the Technical
Regulator or a water industry entity (or a person authorised by the
Technical Regulator or a water industry entity) may enter either
allotment or any adjoining land and carry out the necessary work and each
person in default is jointly and severally liable to the
Technical Regulator or the water industry entity (as the case requires)
for the costs of carrying out that work.
(8) The owners of the
allotments are jointly and severally liable—
(a) for
the costs in carrying out work under subregulation (7); and
(b) to
an occupier of either allotment for—
(i)
the occupier's costs in carrying out work required by a
notice given to the occupier under subregulation (4); and
(ii)
for any amount that the occupier is liable to pay under
subregulation (7).