South Australian Repealed Acts

This legislation has been repealed.

WATERWORKS ACT 1932 - SECT 10

10—Regulations

        (1)         The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act, and, without limiting the generality of that power, the Governor may make regulations—

        I         for regulating the conduct of the officers and servants appointed or employed under or for the purposes of this Act;

        II         for regulating the form of contracts to be entered into with him, and generally for carrying into effect the purposes of this Act;

        III         for determining, making, levying, and collecting the water rates to be paid in each water district, in respect of land liable to be rated under this Act;

        IV         for fixing the terms and conditions upon which water will be supplied by the Corporation;

        V         for fixing or empowering the Minister or the Corporation to fix charges or fees (including minimum charges or fees)—

            (a)         for the supply of water by the Corporation; and

            (b)         for the provision of works or services by the Corporation; and

            (c)         for inspections made by the Corporation pursuant to this Act or at the request of an owner or occupier of land; and

            (d)         otherwise in relation to the administration of this or any other Act;

        VA         empowering the Minister or the Corporation to release a person from, or defer, the obligation to pay part or all of an amount due under this Act or under an agreement made under this Act;

        VI         for determining the times at which any charge for water supplied under agreement shall be payable, whether in advance or otherwise;

        VII         for imposing an extra charge for water supply in places distant more than 15 metres from the main pipe;

        VIIA         prohibiting or regulating the connection of pipes, fittings, appliances or apparatus to the waterworks or the installation of pipes, fittings, appliances or apparatus to be connected to the waterworks;

        VIII         for regulating the—

            (a)         specifications, construction, number and position of pipes, fittings, appliances, and apparatus connected, or to be connected, to the waterworks;

            (b)         installation and inspection of pipes, fittings, appliances and apparatus connected, or to be connected, to the waterworks;

        IX         for regulating the construction, disposition, and inspection of meters, and for requiring that, for the purpose of permitting the reading, maintenance, repair or replacement of meters, meters shall be kept free from obstruction;

        X         for regulating the quantity of water each consumer is in each year entitled to use in respect of his rates;

        XI         for preventing the waste or misuse of water, or for providing for the better conservation, use or management of water, whether supplied by meter or otherwise;

        XII         requiring the owner or occupier of land to clean, maintain and repair pipes, fittings, appliances and apparatus on the land that are connected to the waterworks;

        XIIA         prohibiting or regulating the alteration of or interference with pipes, fittings, appliances or apparatus connected to the waterworks;

        XIII         for preventing unauthorised persons using, directly or indirectly, water supplied by the Corporation;

        XV         for preventing persons from wilfully or negligently breaking, injuring, or from interfering with any pipe, lock, cock, valve, engine, work or other property belonging to the Corporation, and from doing any other wilful act whereby the water supplied by the Corporation may be wasted;

        XVI         for regulating or preventing the sale or use of pipes, fittings, appliances or apparatus that are capable of being connected to the waterworks;

        XVIII         for fixing a scale of fees and expenses which may be recovered for the service of any notice or the levying of any distress by any bailiff or other person;

        XIX         for fixing scales of costs and charges for the alteration of water services, levels of topstones, valve and fire plug chambers and cast iron meter boxes and the position of pillar hydrants and indicator posts, or other similar work, to conform to the surface levels of the roadworks;

        XIXA         for the purpose of protecting the waterworks and, without limiting that power, prohibiting or regulating the planting of trees, shrubs or other plants on any land and requiring the removal or killing of trees, shrubs or other plants on any land;

        XIXB         providing for liability for the costs of repairing damage caused to the waterworks by trees, shrubs or other plants;

        XIXC         empowering the Corporation or any other person or body to enter and inspect land or premises for any purpose related to the administration of this Act;

        XIXD         requiring any person to provide information to the Minister, the Corporation or any other person in relation to the administration of this Act;

        XX         for regulating, controlling or preventing the impairment of the quality of water supplied by the Corporation or that is within the waterworks.

        (2)         A regulation under this Act may confer on the Minister or the Corporation such powers, authorities or discretions as the Governor thinks fit.

        (3)         Charges or fees for the provision of works or services by the Corporation fixed under this section will not be invalid by reason of the fact that, in a particular case or class of cases, the charges or fees so fixed (or the aggregate of those charges or fees where more than one is payable in respect of the works or service) exceed the cost to the Corporation of providing the works or service.

        (4)         A regulation under this Act may prescribe specifications, standards or procedures by reference to specifications, standards or procedures published from time to time by a body or person named in the regulation.

        (5)         If a regulation empowers the Minister or the Corporation to prescribe specifications, standards or procedures, the Minister or the Corporation may prescribe those specifications, standards or procedures by reference to specifications, standards or procedures published from time to time by a body or person named by the Minister or the Corporation.

        (6)         The regulations may—

            (a)         impose a penalty not exceeding—

                  (i)         $10 000 for contravention of, or failure to comply with, a regulation by a body corporate; and

                  (ii)         $5 000 for contravention of, or failure to comply with, a regulation by a natural person; and

            (b)         fix an expiation fee not exceeding $315 for an alleged contravention of, or failure to comply with, a regulation.

        (7)         Where a person contravenes or fails to comply with a regulation the Minister may, by notice in writing, require him to desist from the contravention or remedy the default and if he fails to comply with the notice he shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars for every day for which that failure continues.

        (8)         Any by-law in force under this section immediately before the enactment of this subsection shall be deemed to be a regulation under this section and, unless revoked shall remain in force.