South Australian Numbered Acts

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WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 62

62—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.



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