South Australian Numbered Acts

WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 59

59—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.