South Australian Numbered Acts

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WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 18

18—Requirement for licence

        (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.

        (6)         In connection with the operation of this section—

            (a)         the Minister must establish a set of community service obligations that require SA Water to continue to provide services within those areas of the State in which services are provided immediately before the commencement of subsection (2) unless the Minister grants an approval for the discontinuance of any such service; and

            (b)         if the Minister grants an approval under paragraph (a), the Minister must immediately prepare a report in relation to the matter and cause copies of the report to be laid before both Houses of Parliament within 6 sitting days after the approval is given.



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