Water Industry Act 2012 (SA)

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South Australia

Water Industry Act 2012

An Act to facilitate planning in connection with water demand and supply; to regulate the water industry, including by providing for the establishment of a licensing regime and providing for the regulation of prices, customer service standards, technical standards for water and sewerage infrastructure and installations and plumbing, and by providing performance monitoring of the water industry; to provide for other measures relevant to the use and management of water; to make amendments to various related Acts; to repeal the Sewerage Act 1929, the Water Conservation Act 1936 and the Waterworks Act 1932; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Water Industry Act 2012.

2Commencement
  1. (1)

    This Act will come into operation on a day to be fixed by proclamation.

  2. (2)

    Sections 18 and 26 must be brought into operation on the same day.

3Objects

The objects of this Act are—

  1. (a)

    to promote planning associated with the availability of water within the State to respond to demand within the community; and

  2. (b)

    to promote efficiency, competition and innovation in the water industry; and

  3. (c)

    to provide mechanisms for the transparent setting of prices within the water industry and to facilitate pricing structures that reflect the true value of services provided by participants in that industry; and

  4. (d)

    to provide for and enforce proper standards of reliability and quality in connection with the water industry, including in relation to technical standards for water and sewerage infrastructure and installations and plumbing; and

  5. (e)

    to protect the interests of consumers of water and sewerage services; and

  6. (f)

    to promote measures to ensure that water is managed wisely.

4Interpretation
  1. (1)

    In this Act, unless the contrary intention appears—

adjacent land, in relation to other land, means land that abuts on the other land;

authorised officer means a person appointed under Part 8 as an authorised officer;

Commission means the Essential Services Commission established under the Essential Services Commission Act 2002;

condition includes a limitation or restriction;

connection point means—

  1. (a)

    the point at which a customer's pipes connect with any water infrastructure or sewerage infrastructure; or

  2. (b)

    in any prescribed circumstances—such other point as may be prescribed by the regulations;

consumer means a person supplied with retail services as a consumer or user of those services;

contravention includes a failure to comply;

council means a council within the meaning of the Local Government Act 1999;

customer means a person who owns land in relation to which a retail service is provided and includes—

  1. (a)

    where the context requires, a person seeking the provision of a retail service; and

  2. (b)

    in prescribed circumstances—a person supplied with retail services as a consumer or user of those services (without limiting the application of this definition to owners of land); and

  3. (c)

    a person of a class declared by the regulations to be customers;

designated customers—see subsections (2) and (3);

District Court means the Administrative and Disciplinary Division of the District Court;

draining work means the installation, alteration, repair, maintenance or disconnection of sanitary drains;

drains—a drain may include a pressurised system for the removal of sewage;

equipment includes—

  1. (a)

    pipes, fittings and apparatus; and

  2. (b)

    any component of any equipment;

Health Department means the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the South Australian Public Health Act 2011;

industry ombudsman scheme means the scheme applying for the purposes of section 25(1)(h);

infrastructure includes—

  1. (a)

    pipes, conduits and associated fittings and apparatus;

  2. (b)

    pumping stations;

  3. (c)

    storage tanks;

  4. (d)

    bores and wells;

  5. (e)

    dams, reservoirs and wetlands;

  6. (f)

    embankments, walls, channels, drains, drainage holes or other forms of works or earthworks;

  7. (g)

    treatment facilities;

  8. (h)

    testing or monitoring equipment;

  9. (i)

    roads and other works to provide for the movement of vehicles or equipment or to provide access to land, works or other forms of infrastructure;

  10. (j)

    bridges and culverts;

  11. (k)

    buildings and structures;

  12. (l)

    components of any infrastructure;

  13. (m)

    other items brought within the ambit of this definition by the regulations;

land includes—

  1. (a)

    an estate or interest in land (including an easement); or

  2. (b)

    a right or power over or in respect of land;

Minister's Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;

occupier of land or a place means a person who has, or is entitled to, lawful possession or control of the land or place;

owner of land means—

  1. (a)

    if land is unalienated Crown land—the Crown; or

  2. (b)

    if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or

  3. (c)

    if the land is held from the Crown by lease or licence—the lessee or licensee,

and includes an occupier of the land;

plumbing means—

  1. (a)

    water plumbing work, sanitary plumbing work or draining work on the customer's side of any connection point; or

  2. (b)

    any other work brought within the ambit of this definition by the regulations;

retail service means a service constituted by—

  1. (a)

    the sale and supply of water to a person for use (and not for resale other than in prescribed circumstances (if any)) where the water is to be conveyed by a reticulated system; or

  2. (b)

    the sale and supply of sewerage services for the removal of sewage,

(even if the service is not actually used) but does not include any service, or any service of a class, excluded from the ambit of this definition by the regulations;

River Murray has the same meaning as in the River Murray Act 2003;

road means a street, road or thoroughfare to which public access is available on a continuous or substantially continuous basis by the use of vehicles or as pedestrians or both and includes—

  1. (a)

    a bridge, viaduct or subway; or

  2. (b)

    an alley, laneway or walkway;

sanitary drain means pipes and equipment to collect and convey sewage from a sanitary plumbing installation to an on‑site treatment facility or a sewerage or effluent disposal system;

sanitary plumbing work means the installation, alteration, repair, maintenance or disconnection of pipes or equipment to receive and convey sewage to sanitary drains (including associated plumbing ventilation equipment);

SA Water means South Australian Water Corporation established under the South Australian Water Corporation Act 1994;

sewage includes any form of waste that may be appropriately removed or dealt with through the use of a sewerage service;

sewerage infrastructure means—

  1. (a)

    any infrastructure that is, or is to be, used for—

    1. (i)

      the collection or storage of sewage and includes the connection point; or

    2. (ii)

      the conveyance or reticulation of sewage; or

    3. (iii)

      the treatment of sewage, including any outfall pipe or other work that stores or conveys water leaving infrastructure used for the treatment of sewage; or

  2. (b)

    any other infrastructure used in connection with sewage and brought within the ambit of this definition by the regulations,

but does not include—

  1. (c)

    any pipe, fitting or apparatus that is situated upstream of a customer's connection point; or

  2. (d)

    infrastructure situated entirely within one site and not connected to any other infrastructure situated within another site; or

  3. (e)

    any other infrastructure used in connection with sewage that is excluded from the ambit of this definition by the regulations;

sewerage service means—

  1. (a)

    a service constituted by the collection, storage, treatment or conveyance of sewage through the use of a reticulated system; or

  2. (b)

    any other service, or any service of a class, brought within the ambit of this definition by the regulations;

site means an area of land constituting a single land holding;

stormwater drain means pipes and equipment to collect and convey stormwater to a public stormwater disposal system;

Technical Regulator means the person holding the office of Technical Regulator under Part 3;

water includes rainwater, stormwater, desalinated water, recycled water and water that may include any material or impurities, but does not include sewage;

water industry means any operations associated with the provision of water services or sewerage services;

water industry entity means—

  1. (a)

    a person licensed under Part 4; or

  2. (b)

    a person recognised by the Minister under subsection (4) as a water industry entity for the purposes of this Act,

and includes (where the context requires) a person who has been licensed under Part 4 whose licence has been suspended or cancelled or has expired or a person who is to be treated as a water industry entity under the regulations;

water industry officer means a person appointed under Part 5 as a water industry officer;

water infrastructure means—

  1. (a)

    any infrastructure that is, or is to be, used for—

    1. (i)

      the collection or storage of water, including a dam or reservoir, a water production plant or a wetland; or

    2. (ii)

      the treatment of water; or

    3. (iii)

      the conveyance or reticulation of water and includes the connection point; or

  2. (b)

    any other infrastructure used in connection with water and brought within the ambit of this definition by the regulations,

but does not include—

  1. (c)

    any pipe, fitting or apparatus that is situated downstream of a customer's connection point; or

  2. (d)

    any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a stormwater drain; or

  3. (e)

    infrastructure situated entirely within one site and not connected to any other infrastructure situated within another site; or

  4. (f)

    any other infrastructure used in connection with water that is excluded from the ambit of this definition by the regulations;

water plumbing work means the installation, alteration, repair, maintenance or disconnection of pipes or equipment (including water heaters) to be connected directly or indirectly to a water supply system;

water service means—

  1. (a)

    a service constituted by the collection, storage, production, treatment, conveyance, reticulation or supply of water; or

  2. (b)

    any other service, or any service of a class, brought within the ambit of this definition by the regulation;

water/sewerage infrastructure means water infrastructure or sewerage infrastructure (or both).

  1. (2)

    A reference in this Act to designated customers, or designated classes of customers (or customers of a designated class), is a reference to customers, or classes of customers, designated by the Minister by notice in the Gazette.

  2. (3)

    The Minister may—

    1. (a)

      in acting under subsection (2), make different designations with respect to different sections of this Act;

    2. (b)

      by further notice in the Gazette, vary or revoke a previous notice under subsection (2).

  3. (4)

    The Minister may, for the purposes of the definition of water industry entity, by notice in the Gazette—

    1. (a)

      recognise a person within the water industry as a water industry entity for the purposes of this Act, or specified provisions of this Act;

    2. (b)

      vary or revoke the recognition of a particular person under paragraph (a).

  4. (5)

    For the purposes of this Act, a right to the provision of a particular service by a water industry entity may be taken to constitute the supply of a service by that entity.

5Interaction with other Acts
  1. (1)

    Subject to this section, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

  2. (2)

    This Act does not apply to or in relation to—

    1. (a)

      an irrigation trust, or any services provided or infrastructure held by an irrigation trust, under the Irrigation Act 2009;

    2. (b)

      the Renmark Irrigation Trust, or any services provided or infrastructure held by the Renmark Irrigation Trust, under the Renmark Irrigation Trust Act 2009;

    3. (c)

      any other person providing irrigation services designated by the Minister by notice in the Gazette,

except to the extent prescribed by the regulations.

  1. (3)

    The Minister may, by further notice, vary or revoke a previous notice under subsection (2)(c).

  2. (4)

    This Act does not apply to any person or entity, or any circumstance, excluded from the operation of this Act by the regulations.

Part 2Water planning6Water planning
  1. (1)

    The Minister must prepare and maintain a document to be called the State Water Demand and Supply Statement.

  2. (2)

    The State Water Demand and Supply Statement must—

    1. (a)

      assess the state of South Australia's water resources and the extent of water supplies available within the State; and

    2. (b)

      assess current and future demand for water within the State; and

    3. (c)

      outline policies, plans and strategies relevant to ensuring that the State's water supplies are secure and reliable and are able to sustain economic growth within the State.

  3. (3)

    The State Water Demand and Supply Statement may—

    1. (a)

      address any other matter considered to be relevant by the Minister; and

    2. (b)

      take into account any policy, plan or strategy determined to be relevant by the Minister.

  4. (4)

    The Minister must comprehensively review the State Water Demand and Supply Statement at least once in every 5 years.

  5. (5)

    The Minister may amend the State Water Demand and Supply Statement at any time.

  6. (6)

    The Minister must, in relation to a proposal—

    1. (a)

      to create the State Water Demand and Supply Statement; or

    2. (b)

      to undertake a comprehensive review of the State Water Demand and Supply Statement,

invite interested persons to make written representations on the proposal in such manner, and within a period, specified by the Minister.

  1. (7)

    The Minister must, within 14 days after the finalisation of the State Water Demand and Supply Statement, or the finalisation of a comprehensive review of the State Water Demand and Supply Statement, cause copies of the statement (or the Statement as revised) to be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.

  2. (8)

    The Minister must—

    1. (a)

      make appropriate provision for the publication of the State Water Demand and Supply Statement; and

    2. (b)

      ensure that copies of the State Water Demand and Supply Statement are reasonably available for inspection (without charge) and purchase by the public at places determined by the Minister; and

    3. (c)

      ensure that notice of any amendment to the State Water Demand and Supply Statement is published in the Gazette within a reasonable time after the amendment is made.

  3. (9)

    The Minister must, on or before 31 March in each year, prepare a report that relates to the State Water Demand and Supply Statement and that—

    1. (a)

      provides information about the water demand and supply status of the various regions of the State; and

    2. (b)

      identifies and analyses the impacts of any emerging risks or significant issues associated with the State's water supplies; and

    3. (c)

      reports on such other matters as the Minister thinks fit.

  4. (10)

    The Minister must, immediately after the finalisation of the report under subsection (9), cause copies of the report to be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.

  5. (11)

    When the President of the Legislative Council and the Speaker of the House of Assembly receive a statement or report under this section, the President and the Speaker must—

    1. (a)

      immediately cause the statement or report to be published; and

    2. (b)

      lay the statement or report before their respective Houses at the earliest opportunity.

  6. (12)

    If the President of the Legislative Council or the Speaker of the House of Assembly is absent at the time that a statement or report is delivered to the Parliament under this section, the Clerk of the relevant House will receive the statement or report on behalf of the President or the Speaker (as the case may be) (and the statement or report will then be taken to have been received by the President or the Speaker).

  7. (13)

    If a statement or report is received by the President of the Legislative Council or the Speaker of the House of Assembly at a time when Parliament is not sitting, the statement or report will be taken to have been published under subsection (11) at the expiration of 1 clear day after the day of receipt of the report.

  8. (14)

    A statement or report will, when published under subsection (11), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly.

  9. (15)

    A statement or report under this section is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).

Part 3AdministrationDivision 1Functions and powers of Commission7Functions and powers of Commission
  1. (1)

    The Commission has (in addition to the Commission's functions and powers under the Essential Services Commission Act 2002)—

    1. (a)

      the licensing, price regulation and other functions and powers conferred by this Act; and

    2. (b)

      any other functions and powers conferred by regulation under this Act.

  2. (2)

    If water industry entities are required by licence condition to participate in an ombudsman scheme, the Commission must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme.

Division 2Technical Regulator8Technical Regulator
  1. (1)

    There is to be a Technical Regulator.

  2. (2)

    The Technical Regulator will be appointed by the Minister.

  3. (3)

    The office of Technical Regulator may be held in conjunction with a position in the Public Service.

  4. (4)

    The Minister may assign an employee in the Public Service to act as the Technical Regulator—

    1. (a)

      during a vacancy in the office of Technical Regulator; or

    2. (b)

      when the Technical Regulator is absent from, or unable to discharge, official duties.

9Functions of Technical Regulator

The Technical Regulator has the following functions:

  1. (a)

    to develop technical standards in connection with the water industry;

  2. (b)

    to monitor and regulate technical standards with respect to—

    1. (i)

      water and sewerage installations and associated equipment, products and materials (including on the customer's side of any connection point); and

    2. (ii)

      plumbing;

  3. (c)

    to provide advice in relation to safety or technical standards—

    1. (i)

      in the water industry to the Commission at the Commission's request; and

    2. (ii)

      in the plumbing industry;

  4. (d)

    any other function assigned to the Technical Regulator under this or any other Act or conferred by regulation under this Act.

10Delegation
  1. (1)

    The Technical Regulator may delegate a function or power conferred on the Technical Regulator under this Act—

    1. (a)

      to a particular person or body; or

    2. (b)

      to the person for the time being occupying a particular office or position.

  2. (2)

    A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

  3. (3)

    A delegation—

    1. (a)

      may be subject to conditions or limitations specified in the instrument of delegation; and

    2. (b)

      does not derogate from the power of the Technical Regulator to act in a matter; and

    3. (c)

      is revocable at will by the Technical Regulator.

  4. (4)

    The Technical Regulator must keep a public register of delegations under this section.

  5. (5)

    In any legal proceedings an apparently genuine certificate, purportedly given by the Technical Regulator, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.

11Technical Regulator's power to require information
  1. (1)

    The Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), the information in the person's possession that the Technical Regulator reasonably requires for the performance of the Technical Regulator's functions (whether under this Act or any other Act).

  2. (2)

    A person required to give information under this section must provide the information within the time stated in the notice.

Maximum penalty: $20 000.

  1. (3)

    A person is not required to give information under this section if the information might tend to incriminate the person of an offence.

12Obligation to preserve confidentiality
  1. (1)

    The Technical Regulator must preserve the confidentiality of information gained by the Technical Regulator (including information gained by an authorised officer under this Act) that—

    1. (a)

      could affect the competitive position of a water industry entity or other person; or

    2. (b)

      is commercially sensitive for some other reason.

  2. (2)

    Despite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances:

    1. (a)

      as reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission), or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act);

    2. (b)

      to a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or Territory of the Commonwealth, for the purposes related to the administration or operation of that other law;

    3. (c)

      to a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality);

    4. (d)

      with the consent of the person who gave the information or to whom the information relates;

    5. (e)

      as required by a court or tribunal constituted by law;

    6. (f)

      as authorised by the Minister.

  3. (3)

    Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991.

13Annual report
  1. (1)

    The Technical Regulator must, within 3 months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's operations during that financial year.

  2. (2)

    The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.

Division 3Advisory committees14Consumer advisory committees
  1. (1)

    The Commission must establish an advisory committee comprising representatives of consumers (the consumer advisory committee)—

    1. (a)

      to provide advice to the Commission in relation to the performance of its licensing functions under Part 4; and

    2. (b)

      to provide advice to the Commission, either on its own initiative or at the request of the Commission, on any other matter relating to the water industry.

  2. (2)

    Despite subsection (1), the consumer advisory committee will, if the Commission so determines, be the same committee as the committee of that name established under Division 4 of Part 2 of the Electricity Act 1996 and have the functions referred to in subsection (1) in addition to its functions under that Division.

15Technical advisory committee

The Technical Regulator must establish an advisory committee (the technical advisory committee) including representatives of—

  1. (a)

    water industry entities; and

  2. (b)

    contractor and employee associations involved in the water industry; and

  3. (c)

    persons involved in the administration of public health legislation; and

  4. (d)

    local government; and

  5. (e)

    other entities determined by the Technical Regulator,

to provide advice to the Technical Regulator, either on its own initiative or at the request of the Technical Regulator, on any matter relating to the functions of the Technical Regulator.

16Other advisory committees

The Minister, the Commission or the Technical Regulator may establish other advisory committees to provide advice on specified aspects of the administration of this Act.

Part 4Water industryDivision 1Declaration as regulated industry17Declaration as regulated industry

The water industry is declared to constitute a regulated industry for the purposes of the Essential Services Commission Act 2002.

Division 2Licensing of water industry entities18Requirement for licence
  1. (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.

  1. (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.

  2. (3)

    In connection with the operation of subsection (2)—

    1. (a)

      the Commission must issue SA Water with the appropriate licence or licences; and

    2. (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.

  3. (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.

  4. (5)

    To avoid doubt, a licence under subsection (3) cannot be transferred, suspended or cancelled.

  5. (6)

    In connection with the operation of this section—

    1. (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

    2. (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.

19Application for licence
  1. (1)

    An application for the issue of a licence must—

    1. (a)

      be made to the Commission in a form approved by the Commission; and

    2. (b)

      contain the information specified in the form.

  2. (2)

    The applicant must pay to the Commission an application fee fixed by the Treasurer of an amount that the Treasurer considers appropriate to meet the reasonable costs of determining the application.

  3. (3)

    The Commission may, as the Commission considers appropriate, accept a single application from an applicant in respect of different operations of the applicant or operations of the applicant at different locations or may require separate applications.

  4. (4)

    The applicant must give the Commission any further relevant information requested by the Commission.

20Consideration of application
  1. (1)

    The Commission must consider an application for the issue of a licence and may, subject to this Division, issue or refuse to issue the licence.

  2. (2)

    The Commission must have regard to the general factors specified in Part 2 of the Essential Services Commission Act 2002 and, subject to this section, may only issue a licence if satisfied that—

    1. (a)

      the applicant is a suitable person to hold the licence; and

    2. (b)

      the applicant will be able to meet reasonably foreseeable obligations under contracts for the sale or supply of water or the sale or supply of sewerage services (or both), as the case may require; and

    3. (c)

      the water infrastructure or the sewerage infrastructure (or both), as the case may require, to be used in connection with the relevant service is (or proposed infrastructure will be) appropriate for the purposes for which it will be used; and

    4. (d)

      the applicant has the capacity (including financial, technical, organisational and other necessary capacity) to provide the services safely and to appropriate standards that would be authorised by the licence; and

    5. (e)

      the applicant meets any special requirements imposed by the regulations for the holding of the licence; and

    6. (f)

      the grant of the licence would be consistent with criteria (if any) prescribed by the regulations.

  3. (3)

    In deciding whether an applicant is a suitable person to hold a licence, the Commission may consider—

    1. (a)

      the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and

    2. (b)

      the financial, technical and human resources available to the applicant; and

    3. (c)

      the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and

    4. (d)

      other matters prescribed by regulation or considered relevant by the Commission.

  4. (4)

    If—

    1. (a)

      a person carries on or proposes to carry on operations for which a licence is required as agent of another person; and

    2. (b)

      the agent makes application for the issue of such a licence on the agent's own behalf and on behalf of the principal; and

    3. (c)

      the Commission is satisfied that the criteria for the issue of the licence are met in relation to the agent,

the Commission may, at the Commission's discretion, dispense with the requirement that the Commission be satisfied that the criteria are met in relation to the principal and issue the licence to the agent and the principal to be held by them jointly.

21Licences may be held jointly
  1. (1)

    A licence may be held jointly by 2 or more persons.

  2. (2)

    If a licence is held jointly by 2 or more persons, those persons are jointly and severally liable to meet requirements imposed under this Act or the Essential Services Commission Act 2002.

22Authority conferred by licence
  1. (1)

    A licence authorises the person named in the licence to provide services or to carry on operations or activities in accordance with the terms and conditions of the licence.

  2. (2)

    Any services, operations or activities authorised by a licence need not be all of the same character or undertaken at the same location but may consist of a combination of different services, operations or activities provided or carried on at 1 or more locations.

23Term of licence

A licence may be issued for an indefinite period or for a term specified in the licence.

24Licence fees and returns
  1. (1)

    A person is not entitled to the issue of a licence unless the person first pays to the Commission the relevant annual licence fee, or the first instalment of the relevant annual licence fee, as the case may require.

  2. (2)

    The holder of a licence issued for a term of 2 years or more must—

    1. (a)

      in each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the Commission by condition of the licence or by written notice; and

    2. (b)

      in each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the relevant annual licence fee, or the first instalment of the relevant annual licence fee, as the case may require.

  3. (3)

    The annual licence fee for a licence is the fee fixed, from time to time, by the Treasurer in respect of that licence as an amount that the Treasurer considers to be a reasonable contribution towards prescribed costs after taking into account advice contained in a written report furnished to the Treasurer by the Commission for the purposes of this subsection.

  4. (4)

    The Treasurer must, within 14 days after the receipt of a report under subsection (3), cause a copy of the report to be published on the Department of Treasury and Finance's website.

  5. (5)

    The annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission.

  6. (6)

    If the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default.

  7. (7)

    An annual licence fee (including any instalment of an annual licence fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown.

  8. (8)

    In this section—

holder of a licence includes the holder of a licence that has been suspended;

prescribed costs means—

  1. (a)

    the costs of administration of this Act; and

  2. (b)

    any costs of administration of the Essential Services Commission Act 2002 relating to the water industry; and

  3. (c)

    any costs associated with the development by the State Government of policies relating to the water industry; and

  4. (d)

    other costs prescribed by regulation.

25Licence conditions
  1. (1)

    The Commission must make a licence subject to conditions determined by the Commission—

    1. (a)

      requiring compliance with applicable codes or rules made under the Essential Services Commission Act 2002 as in force from time to time; and

    2. (b)

      requiring the water industry entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) relating to the following matters with respect to designated customers, or designated classes of customers:

      1. (i)

        standard contractual terms and conditions to apply to the sale or supply (or the sale and supply) of designated services;

      2. (ii)

        minimum standards of service that take into account relevant national benchmarks developed from time to time;

      3. (iii)

        limitations on the grounds on which the supply of designated services may be discontinued or disconnected;

      4. (iv)

        the processes to be followed before designated services are discontinued or disconnected; and

    3. (c)

      requiring the water industry entity, at the request of a designated customer, to provide designated services at the water industry entity's standard contract price and subject to the water industry entity's standard contractual terms and conditions; and

    4. (d)

      requiring the water industry entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 on or before a prescribed date) relating to the provision of pricing information to designated customers, or designated classes of customers; and

    5. (e)

      requiring the water industry entity to include in each account for services provided to designated customers, or customers of a designated class, information prescribed by the regulations; and

    6. (f)

      requiring the water industry entity to maintain specified accounting records and to prepare accounts according to specified principles; and

    7. (g)

      requiring a specified process to be followed to resolve disputes between the water industry entity and its customers; and

    8. (h)

      if the water industry entity provides designated services to designated customers, or designated classes of customers, requiring the water industry entity to participate in an ombudsman scheme determined or approved by the Commission; and

    9. (i)

      requiring the water industry entity to monitor and report as required by the Commission on indicators of service performance determined by the Commission; and

    10. (j)

      relating to the water industry entity's financial or other capacity to provide services or to continue operations or activities under the licence; and

    11. (k)

      requiring the water industry entity to maintain specified kinds and levels of insurance; and

    12. (l)

      requiring the water industry entity to have all or part of the services, operations or activities authorised by the licence audited and to report the results of the audit to the Commission; and

    13. (m)

      requiring the water industry entity to notify the Commission about changes to officers and, if applicable, major shareholders of the entity; and

    14. (n)

      requiring the water industry entity to provide, in the manner and form determined by the Commission, such other information as the Commission may from time to time require; and

    15. (o)

      requiring the water industry entity to comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by water industry entities; and

    16. (p)

      requiring the water industry entity to comply with the requirements of any scheme approved and funded by the Minister for the purposes of providing specified exemptions from the requirement to pay for the provision of specified services.

  2. (2)

    The Commission must, in acting under subsection (1), have regard to the scale and nature of the operations of the water industry entity (with the scale and nature being determined by the Commission after consultation with the entity or a person or body nominated by the entity).

  3. (3)

    The Commission must make a licence subject to further conditions that the Commission is required by regulation to impose on the issue of such a licence.

  4. (4)

    The Commission may make a licence subject to further conditions considered appropriate by the Commission.

  5. (5)

    A code or set of rules under subsection (1)(a) must include provisions to assist customers who may be suffering specified types of hardship relevant to the supply of any services (being provisions that comply with any direction of the Minister and that will apply under the code or rules despite any provision made by the Essential Services Commission Act 2002).

  6. (6)

    The Commission must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme—

    1. (a)

      for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of water or the sale or supply of sewerage services; or

    2. (b)

      for the provision of exemptions from the requirement to pay for the provision of various services.

  7. (7)

    For the purposes of this section, the Minister may—

    1. (a)

      by notice in the Gazette, designate various services;

    2. (b)

      by further notice in the Gazette, vary or revoke a previous notice under paragraph (a).

26Third party access regime
  1. (1)

    The Minister must publish a report about third party access to water infrastructure and sewerage infrastructure services.

  2. (2)

    The report must address—

    1. (a)

      various options for third party access; and

    2. (b)

      the extent of coverage of a third party access regime; and

    3. (c)

      the procedures that should be established for seeking access and the resolution of disputes; and

    4. (d)

      access pricing principles; and

    5. (e)

      compliance with relevant national competition principles; and

    6. (f)

      the maintenance of public health, environmental and safety standards,

and may address such other matters as the Minister thinks fit.

  1. (3)

    The Minister must publish the report within 1 month after the commencement of this section and cause copies of the report to be laid before both Houses of Parliament within 12 sitting days after the report is published.

  2. (4)

    The Minister must use his or her best endeavours to introduce into Parliament within 9 months after the commencement of this section a Bill for an Act to provide for a third party access regime to water infrastructure and sewerage infrastructure services operated by entities licensed under this Part (after taking into account the contents of the report prepared under subsection (1) and any other relevant factor).

27Offence to contravene licence conditions
  1. (1)

    A water industry entity must not contravene a condition of its licence.

Maximum penalty: $1 000 000.

  1. (2)

    An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000.

28Variation of licence
  1. (1)

    The Commission may vary the terms or conditions of a water industry entity's licence by written notice to the entity.

  2. (2)

    A variation under subsection (1) may only be made—

    1. (a)

      on application by the water industry entity or with the water industry entity's agreement; or

    2. (b)

      after giving the water industry entity reasonable notice of the proposed variation and allowing the entity a reasonable opportunity to make representations about the proposed variation (and giving due consideration to any such representations).

  3. (3)

    The conditions of a licence prescribed by the regulations may be varied from time to time by further regulations.

  4. (4)

    The conditions of a licence may be varied by the addition, substitution or deletion of one or more conditions.

29Transfer of licence
  1. (1)

    A licence may be transferred with the Commission's agreement.

  2. (2)

    The Commission may impose conditions on the transfer of a licence, or vary the terms and conditions of the licence on its transfer.

  3. (3)

    The Commission must not agree to the transfer of a licence if the transferee would not be entitled to the issue of the licence.

  1. (4)

    An application for agreement to the transfer of a licence must—

    1. (a)

      be made by the transferor with the consent of the transferee to the Commission in a form approved by the Commission; and

    2. (b)

      contain the information specified in the form.

  2. (5)

    The applicant must pay to the Commission an application fee fixed by the Treasurer of an amount that the Treasurer considers appropriate to meet the reasonable costs of determining the application.

  3. (6)

    The applicant must give the Commission further relevant information requested by the Commission.

30Consultation with consumer bodies

The Commission may, before issuing a licence, agreeing to the transfer of a licence or determining or varying conditions of a licence, consult with and have regard to the advice of—

  1. (a)

    the Technical Regulator; and

  2. (b)

    the Ombudsman holding office under the industry ombudsman scheme; and

  3. (c)

    the consumer advisory committee under Part 3.

31Notice of licence decisions
  1. (1)

    The Commission must give an applicant for a licence, or for agreement to the transfer of a licence, written notice of the Commission's decision on the application.

  2. (2)

    The Commission must give the holder of a licence written notice of any decision by the Commission affecting the terms or conditions of the licence.

32Surrender of licence
  1. (1)

    A water industry entity may, by written notice given to the Commission, surrender its licence.

  2. (2)

    The notice must be given to the Commission so as to comply with a period of notice required under the terms of the licence.

  3. (3)

    The Commission may, by agreement with the water industry entity, shorten the required period of notice.

33Suspension or cancellation of licences
  1. (1)

    The Commission may, if satisfied that—

    1. (a)

      the holder of a licence obtained the licence improperly; or

    2. (b)

      the holder of a licence has been guilty of a material contravention of a requirement imposed by or under this Act or any other Act in connection with the operations authorised by the licence; or

    3. (c)

      the holder of a licence has ceased to carry on operations authorised by the licence; or

    4. (d)

      there has been any act or default such that the holder of a licence would no longer be entitled to the issue of such a licence,

suspend or cancel the licence with effect from a specified date.

  1. (2)

    A suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Commission.

  2. (3)

    Before the Commission acts under this section, the Commission must—

    1. (a)

      notify the holder of the licence in writing of the proposed action specifying the reasons for the proposed action; and

    2. (b)

      allow the holder of the licence at least 14 days within which to make submissions to the Commission in relation to the proposed action.

34Register of licences
  1. (1)

    The Commission must keep a register of the licences currently held by water industry entities under this Act.

  2. (2)

    The register must include—

    1. (a)

      the terms and conditions of each licence; and

    2. (b)

      other information required under the regulations.

  3. (3)

    A person may, without payment of a fee, inspect the Register.

Division 3Price regulation35Price regulation
  1. (1)

    Subject to this section, the Commission may make a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices, and price‑fixing factors for retail services.

  2. (2)

    Despite the provisions of the Essential Services Commission Act 2002, the operation of a determination of a kind referred to in subsection (1) is not to be stayed pending the determination of an application for review or appeal under Part 6 of that Act.

  3. (3)

    In addition to the requirements of section 25(4) of the Essential Services Commission Act 2002, the Commission must, in acting under subsection (1), comply with the requirements of any pricing order issued by the Treasurer under this section.

  4. (4)

    The Treasurer may, for the purposes of subsection (3), issue an order (a pricing order) that—

    1. (a)

      sets out any policies or other matters that the Commission must have regard to when making a determination contemplated by this section;

    2. (b)

      specifies various parameters, principles or factors that the Commission must adopt or apply in making a determination contemplated by this section;

    3. (c)

      relates to any other matter that the Treasurer considers to be appropriate in the circumstances.

  5. (5)

    A pricing order—

    1. (a)

      takes effect on a date specified in the order; and

    2. (b)

      cannot be varied (except as contemplated by the order) or revoked (but this paragraph does not prevent new pricing orders being made from time to time).

  6. (6)

    Notice of the making of a pricing order must be published in the Gazette.

  7. (7)

    The notice must include a brief description of the nature and effect of the pricing order and state how a copy may be inspected or purchased.

  8. (8)

    The Treasurer must—

    1. (a)

      send a copy of a pricing order to each water industry entity to which the order may relate; and

    2. (b)

      ensure that a copy of the order is published on the Department of Treasury and Finance's website; and

    3. (c)

      ensure that copies of the order are available for inspection and purchase by members of the public.

  9. (9)

    In this section—

price includes price range.

Division 4Standard terms and conditions for retail services
36Standard terms and conditions for retail services
  1. (1)

    A water industry entity may, from time to time, fix standard terms and conditions governing the provision of services by the entity to customers of a designated class.

  2. (2)

    A water industry entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity.

  3. (3)

    A water industry entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions.

  4. (4)

    Standard terms and conditions fixed under this section—

    1. (a)

      must comply with the conditions of any relevant licence; and

    2. (b)

      must not fix prices that exceed maximum prices fixed under this Act; and

    3. (c)

      come into force on the day specified by the entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and

    4. (d)

      when in force are contractually binding on the water industry entity and the class of customers to which the terms and conditions are expressed to apply.

  5. (5)

    Subject to the conditions of a licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the water industry entity and a customer of the entity.

  6. (6)

    A water industry entity that has fixed standard terms and conditions under this section must—

    1. (a)

      supply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and

    2. (b)

      publish the standard terms and conditions on a website maintained by the entity.

Maximum penalty: $2 500.

Division 5Customer hardship policies37Customer hardship policies
  1. (1)

    The Minister must develop and publish a customer hardship policy in respect of the residential customers of water industry entities that sets out—

    1. (a)

      processes to identify residential customers experiencing payment difficulties due to hardship, including identification by a water industry entity and self‑identification by a residential customer; and

    2. (b)

      an outline of a range of processes or programs that a water industry entity should use or apply to assist customers identified under paragraph (a).

  2. (2)

    The Minister may vary a policy under subsection (1) from time to time.

  3. (3)

    A water industry entity must—

    1. (a)

      adopt a customer hardship policy published by the Minister under this section; or

    2. (b)

      with the approval of the Commission, adopt such a policy with modifications.

  4. (4)

    It will be a condition of a water industry entity's licence that it complies with the customer hardship policy applying in relation to the entity under subsection (3).

  5. (5)

    In this section—

residential customer means a customer or consumer who is supplied with retail services for use at residential premises.

Division 6Commission's powers to take over operations38Power to take over operations
  1. (1)

    If—

    1. (a)

      a water industry entity contravenes this Act, or a water industry entity's licence ceases, or is to cease, to be in force; and

    2. (b)

      it is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of water to customers or the proper provision of any sewerage service (as the case may require),

the Governor may make a proclamation under this section.

  1. (2)

    Before a proclamation is made under this section, the Commission must give the water industry entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made.

  2. (3)

    A proclamation under this section—

    1. (a)

      authorises the Commission to take over the water industry entity's operations or a specified part of the water industry entity's operations; and

    2. (b)

      may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with).

  3. (4)

    A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it.

  4. (5)

    The Governor may, by subsequent proclamation, vary or revoke a proclamation made under this section.

39Appointment of operator
  1. (1)

    When a proclamation is made under this Division, the Commission must appoint a suitable person (who may, but need not, be a water industry entity) to take over the relevant operations on agreed terms and conditions (including as to remuneration and indemnities).

  2. (2)

    A person appointed to take over a water industry entity's operations is referred to in this section as the operator.

  3. (3)

    The water industry entity must facilitate the take over of the relevant operations by the operator.

  4. (4)

    The operator may have access to the property of a water industry entity for the purposes of carrying on the relevant operations.

  5. (5)

    A person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Division.

Maximum penalty: $250 000.

  1. (6)

    A person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Division.

Maximum penalty: $250 000.

  1. (7)

    The remuneration of the operator and all other costs and expenses arising out of the exercise of the operator's responsibilities under this Division are payable out of the funds of the water industry entity.

Division 7Related matters40Ministerial directions
  1. (1)

    Despite section 7 of the Essential Services Commission Act 2002, the Minister may, in relation to any prescribed matter, by notice published in the Gazette, give directions to the Commission as to—

    1. (a)

      whether or not a prescribed matter—

      1. (i)

        should be subject to regulation under a code or set of rules made under the Essential Services Commission Act 2002;

      2. (ii)

        should be subject to conditions of a licence under this Part;

      3. (iii)

        should be subject to any other form of regulation by the Commission under this Act or the Essential Services Commission Act 2002; and

    2. (b)

      insofar as a prescribed matter is subject to any form of regulation under paragraph (a), the extent of the regulation and, if the Minister thinks fit, provisions that will apply with respect to that prescribed matter.

  2. (2)

    The Minister may, by further notice in the Gazette, vary or revoke a previous notice published by the Minister under this section.

  3. (3)

    This section does not limit or derogate from any other power of the Minister under this Act.

  4. (4)

    In this section—

prescribed matter means—

  1. (a)

    any matter relevant to water meters, including as to their design, features, installation or operation; and

  2. (b)

    any matter relevant to billing customers in relation to the supply of water under a retail service where a water meter is not available to be used to determine the quantity of water supplied; and

  3. (c)

    any matter relevant to the disconnection of a retail service (including circumstances or services in relation to which disconnection may not occur).

Part 5Powers and duties relating to land and infrastructureDivision 1Water industry officers41Appointment of water industry officers
  1. (1)

    A water industry entity may, subject to conditions or limitations determined by the Minister, appoint a person to be a water industry officer for the entity.

  2. (2)

    A water industry officer may only exercise powers under this Act subject to the conditions of appointment, any limitations imposed by the Minister, and any directions given by the relevant water industry entity.

42Conditions of appointment
  1. (1)

    A water industry officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position.

  2. (2)

    A water industry officer may be removed from office by the water industry entity.

43Identity cards
  1. (1)

    A water industry entity must give each water industry officer for the entity an identity card.

  2. (2)

    The identity card must be in a form approved by the Minister and must—

    1. (a)

      contain a photograph of the water industry officer taken for the purpose; and

    2. (b)

      identify the water industry officer as a water industry officer for the relevant water industry entity; and

    3. (c)

      contain any other information determined by the Minister for the purposes of this section.

  3. (3)

    A water industry officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.

  4. (4)

    A person must, within 2 days after ceasing to be a water industry officer, return the identity card to the water industry entity.

Maximum penalty: $250.

Division 2Management of land and infrastructure44Power to enter land to conduct investigations
  1. (1)

    A water industry entity may, by agreement with the occupier of land or on the authorisation of the Minister, enter and remain on land to conduct investigations or carry out any other form of work to assess the suitability of the land for the construction or installation of water/sewerage infrastructure.

  2. (2)

    The Minister may authorise a water industry entity to enter and remain on land under this section on conditions the Minister thinks appropriate.

  3. (3)

    If a water industry entity enters land under the authorisation of the Minister, the water industry entity—

    1. (a)

      must give reasonable notice of the proposed entry on land under this section to the occupier; and

    2. (b)

      must minimise the impact of work carried out by the water industry entity on activities of others on the land; and

    3. (c)

      must comply with the conditions of the authorisation.

45Power to carry out work on land
  1. (1)

    An authorised entity may, at any reasonable time, enter and remain on land (including a road)—

    1. (a)

      to construct, install, improve or add to any water/sewerage infrastructure; or

    2. (b)

      to inspect, operate, maintain, test, repair, alter, remove or replace any water/sewerage infrastructure or equipment; or

    3. (c)

      to lay pipes and install, operate or inspect pumps and other equipment; or

    4. (d)

      to carry out other work in connection with the establishment or operation of any water/sewerage infrastructure or otherwise connected with any water service or sewerage service; or

    5. (e)

      to obtain or enlarge a supply of water; or

    6. (f)

      to protect, improve or restore the quality of water; or

    7. (g)

      to protect any infrastructure or equipment connected with any water service or sewerage service; or

    8. (h)

      to perform any other function brought within the ambit of this section by the regulations.

  2. (2)

    The powers that may be exercised in the performance of a function set out under subsection (1) include—

    1. (a)

      to dig, break and trench any soil or to excavate any land; and

    2. (b)

      to remove or use any earth, stone, minerals, trees or other materials or things located on the land; and

    3. (c)

      to sink wells or shafts; and

    4. (d)

      to construct, make, maintain, alter, add to or discontinue any water/sewerage infrastructure; and

    5. (e)

      to divert or hold any water; and

    6. (f)

      to dig up, form or alter any road; and

    7. (g)

      to construct workshops, sheds or other buildings of a temporary nature; and

    8. (h)

      to undertake other activities or work as may be necessary or incidental to the performance of any such function.

  3. (3)

    Subject to this section, if an authorised entity seeks to enter public land under this section, the entity must—

    1. (a)

      give the authority responsible for the management of public land not less than 12 hours notice of the entity's intention to carry out work on the land; and

    2. (b)

      secure the authority's agreement to the carrying out of the work.

  4. (4)

    An agreement under subsection (3) may contain conditions the authority responsible for the management of the public land considers appropriate in the public interest.

  5. (5)

    Prior notice is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.

  6. (6)

    Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.

  7. (7)

    If a dispute arises between an authorised entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister.

  8. (8)

    Subsection (7) does not apply to a dispute where the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute.

  9. (9)

    If a dispute is referred to the Minister under this section, the Minister must—

    1. (a)

      allow parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and

    2. (b)

      make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms.

  10. (10)

    If the Minister cannot get the parties to agree, the Minister may make—

    1. (a)

      an order that the work is or is not permitted on the land;

    2. (b)

      if the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted,

as the Minister thinks fit (and any such order will have effect according to its terms).

  1. (11)

    If an authorised entity seeks to enter land other than public land for the first time, the entity must give prior written notice to the occupier of the land stating the reason and the date and time of the proposed entry.

  2. (12)

    The regulations may prescribe other circumstances when notice must be given to the occupier of land.

  3. (13)

    The period of notice under subsection (11) or (12) must be reasonable.

  4. (14)

    An authorised entity may use reasonable force to enter any land under this section.

  5. (15)

    When a person enters land under this section on behalf of an authorised entity, the person—

    1. (a)

      may be accompanied by such assistants as the person considers necessary or appropriate; and

    2. (b)

      may take any vehicles, equipment or materials the person considers necessary or appropriate for the functions the person is to carry out on the land.

  6. (16)

    An authorised entity must, at the reasonable request of an owner or occupier of land used for any purpose under this section, separate the land being used for the other part or parts of the land by a fence of reasonable construction and design (with such gates as may be necessary for the convenient use of any land) and, in the case of a dispute as to the fence to be constructed under this section, the matter may be referred to the Magistrates Court for resolution.

  7. (17)

    An authorised entity must make good any damage caused by the exercise of powers under this section as soon as practicable (including so as to reinstate any road or other place) or pay reasonable compensation for the damage.

  8. (18)

    This section does not derogate from the obligation to comply with the provisions of any other Act.

  9. (19)

    In an emergency, an authorised entity may exercise a power under this section at any time and without prior notice or agreement.

    1. (a)

      water rates may be charged and recovered on a pro rata basis according to—

      1. (i)

        readings that relate to water supplied during various periods or parts of periods; and

      2. (ii)

        the application of the relevant rate or rates over the period of supply to which a water rate is to be applied; and

    2. (b)

      water rates declared or imposed under this clause may, depending on when meters are read, be recovered after the end of the transitional financial year.

  2. (4)

    In connection with the operation of this clause, any determination, calculation or adjustment of any amount (whether in the nature of a water rate or in relation to the supply of any water or other services) over or in respect of any period (whether or not falling within the transitional financial year) or on a pro rata basis may assume that water has been supplied at a uniform daily rate over any relevant period.

  3. (5)

    This clause does not apply to or in relation to—

    1. (a)

      the determination or imposition of a fee for laying, installing, providing or connecting any infrastructure in connection with a retail service; or

    2. (b)

      any fee relevant to the use of a meter or other device; or

    3. (c)

      any case prescribed by the regulations.

33—Water rates—related provisions

  1. (1)

    Without limiting any other provision, the relevant Act will continue to apply in relation to any water rates imposed under that Act before the relevant day as if the relevant Act had not been repealed.

  2. (2)

    Until the Minister otherwise determines, an agreement in place under section 19 of the relevant Act in relation to the transitional financial year may continue to have effect in relation to a subsequent financial year or years as if section 19 had not been repealed and despite any price for the provision of water set under this Act (and section 19 will continue to apply for the purposes of this subclause subject to such modifications as may be prescribed by the regulations).

  3. (3)

    Without limiting any other provision, section 87 of the relevant Act will apply (and continue to apply)—

    1. (a)

      to any charge arising under that section before the relevant day; or

    2. (b)

      to any rates or charges in relation to the supply of water due to SA Water on account of the operation of this Division.

  4. (4)

    Any water district will continue to apply in connection with the operation of this Division.

34—Notices and authorisations

  1. (1)

    Any notice or authorisation under the relevant Act given or received before the relevant day for the purpose of entering or remaining on land will continue to have full force and effect and any work or other activity to be undertaken, or underway, under the relevant Act may commence or continue as if this Act had not been enacted.

  2. (2)

    Without limiting subclause (1), if—

    1. (a)

      the Minister or SA Water has given or received a notice or authorisation under a provision of the relevant Act; and

    2. (b)

      it is expedient for SA Water to proceed on the basis of the notice or authorisation for the purposes of a section of this Act that corresponds (wholly or substantially) to the provision under the relevant Act,

then SA Water may proceed under this Act on the basis of that notice or authorisation.

  1. (3)

    Without limiting subclauses (1) and (2), the Minister or SA Water may, on or after the relevant day, occupy, or continue to occupy, any land on account of action taken under the relevant Act before the relevant day.

  2. (4)

    Any other notice given before the relevant day under the relevant Act will have full force and effect and may be enforced, and any action authorised in relation to the notice under the relevant Act may be taken, as if the relevant Act had not been repealed.

35—Land etc vested in Minister

  1. (1)

    Any land or waterworks vested in the Minister under section 14 or 15 of the relevant Act may be held by the Minister for any purpose—

    1. (a)

      relevant to this or any other Act; or

    2. (b)

      authorised by the Governor by proclamation.

  2. (2)

    Despite the repeal of the relevant Act, the Governor may at any time on or after the relevant day make a proclamation contemplated by section 13 or 14 of the relevant Act (and any such proclamation will have effect according to its terms).

36—Agreements to bind subsequent owners and occupiers

Unless or until otherwise determined by the Minister, section 20 of the relevant Act will continue to apply in relation to any agreement within the ambit of that section immediately before the relevant day.

37—Water conservation reserves

  1. (1)

    Despite the repeal of the relevant Act, the Governor may at any time on or after the relevant day make a proclamation contemplated by section 53(2) of the relevant Act in relation to any water conservation reserve vested in a council before the relevant day (and any such proclamation will have effect according to its terms).

  2. (2)

    A council may impose a separate rate under section 55 of the relevant Act in relation to the transitional financial year.

  3. (3)

    Sections 56 to 62 (inclusive) of the relevant Act will continue to apply to and in relation to any water conservation reserve vested in a council before the relevant day.

Division 4—Special provisions relating to repeal of Waterworks Act 1932

38—Interpretation

In this Division—

relevant Act means the Waterworks Act 1932;

transitional financial year means the financial year in which the relevant day occurs;

water district means a water district constituted under the relevant Act on the commencement of this Division;

water rates include charges.

39—Rates and charges—transitional financial year

  1. (1)

    This clause applies in connection with the provision of retail services during the transitional financial year with respect to—

    1. (a)

      the sale or supply of water (including a right to a supply of water) to land within a water district by SA Water; and

    2. (b)

      the Save the River Murray levy under the relevant Act.

  2. (2)

    The scheme established by Part 5 of the relevant Act will apply with respect to the transitional financial year despite the repeal of that Act by this Act and despite the ability of the Commission otherwise to make a determination relating to prices under this Act.

  3. (3)

    Accordingly—

    1. (a)

      the Minister may, after consultation with SA Water, make a declaration under section 65C of the relevant Act before the commencement of the transitional financial year; and

    2. (b)

      Part 5 of the relevant Act, together with any other provision of that Act that may be relevant to the operation of that Part or to water rates under that Act (including in relation to the declaration of water districts), will apply with respect to the declaration, imposition, payment or recovery of water rates in relation to the transitional financial year as if the relevant Act had not been repealed; and

    3. (c)

      water rates declared under this clause will be taken to constitute the price for the provision of services to which this clause applies by SA Water during the transitional financial year; and

    4. (d)

      the Commission will not make a determination under section 35 of this Act in relation to the transitional financial year.

  4. (4)

    An agreement under section 37 of the relevant Act entered into for the purposes of the transitional financial year, or that would have effect in relation to the transitional financial year if this Act were not enacted, may have effect in relation to the transitional financial year as if the relevant Act had not been repealed.

  5. (5)

    To the extent that may be relevant to the imposition and recovery of water rates for services supplied during the transitional financial year on account of when meters are read and the form or nature of the relevant rate or rates—

    1. (a)

      water rates may be charged and recovered on a pro rata basis according to—

      1. (i)

        readings that relate to water supplied during various periods or parts of periods; and

      2. (ii)

        the application of the relevant rate or rates over the period of supply to which a water rate is to be applied; and

    2. (b)

      water rates declared or imposed under this clause may, depending on when meters are read, be recovered after the end of the transitional financial year.

  6. (6)

    In connection with the operation of this clause, any determination, calculation or adjustment of any amount (whether in the nature of a water rate or in relation to the supply of any water or other services) over or in respect of any period (whether or not falling within the transitional financial year) or on a pro rata basis may assume that water has been supplied at a uniform daily rate over any relevant period.

  7. (7)

    This clause does not apply to or in relation to—

    1. (a)

      the determination or imposition of a fee for laying, installing, providing or connecting any infrastructure in connection with a retail service; or

    2. (b)

      any fee relevant to the use of a meter or other device; or

    3. (c)

      any case prescribed by the regulations.

40—Rates and charges—related provisions

  1. (1)

    Without limiting any other provision, the relevant Act will continue to apply in relation to any water rates imposed under that Act before the relevant day as if the relevant Act had not been repealed.

  2. (2)

    Until SA Water otherwise determines, an agreement in place under section 37 of the relevant Act in relation to the transitional financial year may continue to have effect in relation to a subsequent financial year or years as if section 37 had not been repealed and despite any price for the provision of water set under this Act (and section 37 will continue to apply for the purposes of this subclause subject to such modifications as may be prescribed by the regulations).

  3. (3)

    Without limiting any other provision, sections 93 and 98 of the relevant Act will apply (and continue to apply)—

    1. (a)

      to any charge arising under section 93 before the relevant day; and

    2. (b)

      to any rates or charges in relation to the supply of water due to SA Water on account of the operation of this Division.

  4. (4)

    Without limiting any other provision, section 121 of the relevant Act will apply (and continue to apply) to any rates or charges in relation to the supply of water on account of the operation of this Division.

41—Notices and authorisations

  1. (1)

    Any notice or authorisation under the relevant Act given or received before the relevant day for the purpose of entering or remaining on land will continue to have full force and effect and any work or other activity to be undertaken or underway, under the relevant Act may commence or continue as if this Act had not been enacted.

  2. (2)

    Without limiting subclause (1), if—

    1. (a)

      the Minister or SA Water has given or received a notice or authorisation under a provision of the relevant Act; and

    2. (b)

      it is expedient for SA Water to proceed on the basis of the notice or authorisation for the purposes of a section of this Act that corresponds (wholly or substantially) to the provision under the relevant Act,

then SA Water may proceed under this Act on the basis of that notice or authorisation.

  1. (3)

    Without limiting subclauses (1) and (2), the Minister or SA Water may, on or after the relevant day, occupy, or continue to occupy, any land on account of action taken under the relevant Act before the relevant day.

  2. (4)

    Any other notice given before the relevant day under the relevant Act will have full force and effect and may be enforced, and any action authorised in relation to the notice under the relevant Act may be taken, as if the relevant Act had not been repealed.

42—Vesting of waterworks etc in SA Water

  1. (1)

    Any waterworks, land, goods, materials and things vested in SA Water by operation of section 23 of the relevant Act will continue to be vested in and held by SA Water (for as long as it thinks fit) and may be used by SA Water for the purposes of this or any other Act.

  2. (2)

    Subclause (1) does not limit or affect the vesting of any property (or interest in property) in SA Water under any other Act or law.

43—Fire plugs and pipes

Sections 28, 29 and 30 of the relevant Act will continue to operate and have effect until the Minister has established a scheme under section 98 of this Act.

44—Exemption

Until a day designated by the Minister by notice in the Gazette, section 88 of the repealed Act will apply in relation to the imposition of any charge for the provision of a water service by SA Water (including a charge imposed under this Act after the relevant day).

45—Capital contribution where capacity of waterworks increased

Despite the repeal of section 109B of the relevant Act—

  1. (a)

    the section will continue to apply in relation to any development authorisation that is given—

    1. (i)

      before the relevant day; or

    2. (ii)

      on or after the relevant day on account of any application made before the relevant day; and

  2. (b)

    the Minister may, in relation to a development authorisation that is within the ambit of paragraph (a), act under that section as if the section were still in operation; and

  3. (c)

    a liability to make a contribution under that section may arise on or after the relevant day (including in relation to any work undertaken on or after the relevant day).

Division 5—Other matters

46—Approved schemes

  1. (1)

    A scheme that falls within the ambit of a regulation under this clause will be taken to be an approved scheme under section 48.

  2. (2)

    Section 48 will apply to a scheme under subclause (1) subject to such modifications as may be prescribed by the regulations.

47—References to rates

Unless the context otherwise requires, a reference in another Act to rates under the Sewerage Act 1929 or the Waterworks Act 1932 will be taken to include references to charges payable to a water industry entity under the Water Industry Act 2012.

48—Regulations

  1. (1)

    The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

  2. (2)

    A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

  3. (3)

    To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

    1. (a)

      decreasing the person's rights; or

    2. (b)

      imposing liabilities on the person.

  4. (4)

    The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Act.

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