Water Industry Regulations 2012 (SA)

South Australia

Water Industry Regulations 2012

under the Water Industry Act 2012

Contents

Part 1—Preliminary

1            Short title

3            Interpretation

4            Interpretation—definition of customer

Part 2—Licensing of water industry entities

5            Licence fees and returns

6            Content of register of licences

Part 3—Powers and duties relating to land and infrastructure

7           Carrying out certain work on land

Part 4—Protection and use of infrastructure, equipment and water and powers in relation to installations

8            Encroachments

9            Paving a road etc—costs

10          Unlawful abstraction, removal or diversion of water or sewage

11          Information as to amounts already paid for retail services etc

12          Certificate as to encumbrance

13          Protection of infrastructure—planting of trees etc on public land

14          Protection of infrastructure—action in relation to trees and shrubs

15          Protection of infrastructure—damage caused by trees or shrubs

16          Access to sewerage infrastructure

17          Power to restrict or discontinue water supply

18          Notices under section 59—permits

Part 5—Technical and safety issues

19          Standards

20          Performance of regulated work

21          Safety, reliability, maintenance and technical management plans and reports

22          Responsibilities of customers

23          Fittings etc to be flush with road surface

Part 6—Water conservation—longer‑term measures

25          SA Water may issue permits

26          Circumstances in which permit may be issued

27          Form and content of permit

28          Conditions of permit

29          Breach of permit conditions

30          Revocation, variation etc of permit or condition

31          Application of permit relating to regulation 24

32          Permit not transferable

Part 7—Miscellaneous

33          Requirement to connect to infrastructure

34          Pipes must not lie across allotment boundaries

35          Fees for reinspection etc

36          Water meters—estimates

36A         Extension of Part 9A

37          Save the River Murray levy—exemptions

38          Charge where land not connected or service to land reduced or discontinued

39          Vents—cost of compliance with requirements

40          General penalty

41          Expiation of offences against Act

Schedule 2—Trees and shrubs to which regulation 13(a)(ii) applies

Schedule 3—Trees and shrubs to which regulation 13(a)(iii) applies

Schedule 5—Transitional provisions

Part 2—Transitional provisions

Division 1—Preliminary

2            Preliminary

Division 2—Special provisions relating to revocation of Sewerage Regulations 2011

3            Approvals

4            Charges—transitional financial year

5            References to undertaking

Division 3—Special provisions relating to revocation of Waterworks Regulations 2011

6            Approvals

7           Charges—transitional financial year

8            Permits

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Water Industry Regulations 2012.

3—Interpretation

In these regulations—

Act means the Water Industry Act 2012;

entry point means a fitting connected to pipes, conduits or associated fittings or apparatus of any sewerage infrastructure to enable a person to enter such infrastructure;

inspection point means a fitting designed to provide for the inspection of pipes, conduits or associated fittings or apparatus of any sewerage infrastructure or to provide access by means of tools to such infrastructure;

Save the River Murray levy means the levy under section 93 of the Act.

4—Interpretation—definition of customer

For the purposes of paragraph (b) of the definition of customer in section 4 of the Act, the following are circumstances in which the definition of customer includes a consumer of retail services:

(a)for the purposes of requiring the water industry entity to comply with code provisions under section 25(1)(b)(iii) and (iv) of the Act relating to limitations on the grounds on which the supply of designated services to customers may be discontinued or disconnected and processes to be followed before designated services are discontinued or disconnected;

(b)for the purposes of a process to be followed to resolve disputes between a water industry entity and its customers in accordance with section 25(1)(g) of the Act;

(c)for the purposes of an ombudsman scheme determined or approved by the Commission in accordance with section 25(1)(h) of the Act.

Part 2—Licensing of water industry entities

5—Licence fees and returns

1. For the purposes of section 24(2)(a) of the Act, an annual return must be lodged before 31 August in each year.

2. For the purposes of section 24(2)(b) of the Act, the licence fee, or the first instalment of the licence fee, (as the case may require) must be paid before the anniversary in each year of the day on which the licence was issued.

3. For the purposes of section 24(6) of the Act, the penalty for default—

   (a)for failing to lodge an annual return is $500; and

   (b)for failing to pay a licence fee, or an instalment of a licence fee, is 10% per annum of the outstanding amount calculated daily on a cumulative basis.

6—Content of register of licences

For the purposes of section 34(2) of the Act, the register of licences must include (in addition to the terms and conditions of each licence)—

(a)details of each application for the issue, renewal or variation of a licence; and

(b)on any such application being refused or withdrawn, a statement to that effect.

Part 3—Powers and duties relating to land and infrastructure

7—Carrying out certain work on land

For the purposes of section 45(5) and (6) of the Act—

(a)prior notice and agreement are not required under section 45(3) of the Act for maintenance, repairs or minor works on existing water/sewerage infrastructure situated in, on, across, under or over a road; and

(b)agreement is not required under section 45(3) of the Act for maintenance, repairs or minor works on existing water/sewerage infrastructure situated in, on, across, under or over any public land other than a road.

Part 4—Protection and use of infrastructure, equipment and water and powers in relation to installations

8—Encroachments

For the purposes of section 49(2)(b) of the Act, the notice must—

(a)be in writing; and

(b)specify the grounds on which the person on whom the notice is served is alleged to have acted in contravention of section 49(1) of the Act; and

(c)specify the location of the land to which the notice relates; and

(d)specify the period within which any action specified in the notice to remedy any contravention must be taken by the person; and

(e)contain a warning that—

(i)if the requirements of the notice are not complied with, the relevant water industry entity may take any action required by the notice; and

(ii)the reasonable costs and expenses incurred by a water industry entity in taking such action may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice; and

(f)specify the contact details of the water industry entity.

9—Paving a road etc—costs

For the purposes of section 52(3)(b) of the Act, if the person who undertakes the work and the relevant water industry entity have entered into an agreement that provides for the sharing of the costs of the work, then the person must pay to the entity the amount specified in the agreement.

10—Unlawful abstraction, removal or diversion of water or sewage

1. A person is to be taken to have proper authority for the purposes of section 53(1) of the Act if the abstraction or diversion is done under a right to take water under the Natural Resources Management Act 2004.

2. A person is authorised for the purposes of section 53(2)(c) of the Act if the installation or maintenance of a pipe capable of conveying water is done under a right to take water under the Natural Resources Management Act 2004.

11—Information as to amounts already paid for retail services etc

1. A water industry entity must, on application by a person who has paid an amount to the entity for the provision of retail services, provide the person with a statement of the amount paid.

2. A water industry entity must, on application by a consumer, provide the consumer with a statement of the quantity of water supplied by the entity to the consumer in a financial year.

3. A water industry entity may, on application by any other person, in connection with the provision of retail services, provide that person with information of the kind referred to in subregulation (1) or (2).

4. However—

   (a)subregulation (2) only applies if the quantity of water supplied by the water industry entity to the consumer is measured by a meter; and

   (b)subregulation (3) only applies if the other person is acting with the consent of a person referred to in subregulation (1) or (2).

5. Subject to subregulation (6), an application under this regulation must be accompanied by the fee prescribed under the Act.

6. A fee is not payable to a water industry entity for an application under subregulation (1) or (2) if the statement sought relates only—

   (a)to amounts that became due and were paid in the financial year in which the application is made or in the preceding financial year; or

   (b)to water consumed in a financial year in which the application is made or in the preceding financial year.

12—Certificate as to encumbrance

1. A water industry entity or the Technical Regulator must, on application by an interested person and payment of the fee prescribed for the purposes of the Act, provide the person with a statement as to the existence or non‑existence of encumbrances in relation to the land to which the application relates that are prescribed encumbrances for the purposes of the Land and Business (Sale and Conveyancing) Act 1994 and the regulations under that Act and that are in favour of the entity or the Technical Regulator (as the case may be).

(2)Subregulation (1) does not apply if—

(a)the application is being made in order to obtain information for the purposes of the Land and Business (Sale and Conveyancing) Act 1994; and

(b)the water industry entity or the Technical Regulator (as the case may be) is entitled to charge a fee prescribed for the purposes of the Land and Business (Sale and Conveyancing) Act 1994.

1. The Technical Regulator must, on application by an interested person and payment of the fee prescribed for the purposes of the Act, provide the person with a statement as to the existence or non‑existence of "testable" back flow prevention devices installed, or required to be installed, on the land to which the application relates.

13—Protection of infrastructure—planting of trees etc on public land

The following requirements regarding the planting of trees and shrubs apply:

(a)for the purpose of protecting sewerage infrastructure—

(i)trees and shrubs (except those listed in Schedule 2 and Schedule 3) must not be planted on public land without the written approval of any water industry entity that owns or operates sewerage infrastructure that may be affected by the planting; and

(ii)the trees and shrubs listed in Schedule 2 must not be planted on a road closer than 2 metres to any sewerage infrastructure; and

(iii)the trees and shrubs listed in Schedule 3 must not be planted on a road closer than 3.5 metres to any sewerage infrastructure;

(b)for the purpose of protecting water infrastructure—trees and shrubs must not be planted on a road closer than 1 metre to any water infrastructure without the written approval of the water industry entity that owns or operates the infrastructure.

14—Protection of infrastructure—action in relation to trees and shrubs

1. If—

   (a)a tree or shrub has been planted in contravention of regulation 13; or

   (b)a water industry entity is of the opinion (based on reasonable grounds) that a tree or shrub on public land is causing, or is likely to cause, damage to water/sewerage infrastructure or a reduction in the efficiency of the operation of that infrastructure,

   the relevant water industry entity may, by written notice served on the council or other person who owns or has the care, control or management of the land on which the tree or shrub is situated, direct that action specified in the notice (including the removal of the tree or shrub) be taken.

2. If a person on whom a notice has been served fails to comply with the notice, the relevant water industry entity may enter the land and take the specified action.

3. The relevant water industry entity may recover its costs of taking the specified action as a debt from the person on whom the notice was served.

4. A person is not entitled to compensation for action taken under this regulation.

15—Protection of infrastructure—damage caused by trees or shrubs

If a tree or shrub has been planted in contravention of regulation 13, a water industry entity may recover its costs of taking action under regulation 14 as a debt from—

(a)the owner for the time being of the land on which the tree or shrub is, or was, situated; or

(b)in the case of land under the care, control or management of a council—the council.

16—Access to sewerage infrastructure

1. A licensed plumbing contractor or registered plumbing worker under the Plumbers, Gas Fitters and Electricians Act 1995 may use an inspection point of any sewerage infrastructure to gain access to pipes, conduits or associated fittings or apparatus connected to the infrastructure.

2. A water industry entity's costs of repairing any damage caused to infrastructure owned or operated by the entity by a person using an inspection point under subregulation (1) is a debt due by that person to the entity.

3. A person must not enter infrastructure owned or operated by a water industry entity unless he or she is—

   (a)an employee of the entity; or

   (b)authorised by the entity to enter the infrastructure.

17—Power to restrict or discontinue water supply

1. For the purposes of section 59(1) of the Act, if the water industry entity proposes to exercise a power under section 59(3)(a) to (e) (inclusive) in relation to water that may be used for human consumption, the entity must—

   (a)obtain the approval of the prescribed authority before acting; and

   (b)notify the public of the intention to exercise the power by publishing a notice (specifying in the notice relevant details of the power to be exercised)—

   (i)if the water industry entity proposes to exercise a power under section 59(3)(b), (c) or (d)—in the Gazette; and

   (ii)in all cases—

   (A)on a website determined by the entity; and

   (B)in a newspaper circulating generally throughout the area of the State in which the persons affected by the exercise of the power are situated; and

   (C)in any other manner considered appropriate by the entity for the purpose of notifying the persons affected by the exercise of the power.

2. A notice published on a website in accordance with subregulation (1)(b)(ii)(A) must remain accessible to the public on the website for the duration of the period for which the entity exercises the power under section 59(3) of the Act to which the notice relates.

3. In this regulation—

   prescribed authority means—

   (a)if the water industry entity is SA Water—the Minister; and

   (b)in any other case—the Commission.

18—Notices under section 59—permits

1. For the purposes of section 59(4) of the Act, if a specified use of water is prohibited except under the authority of a permit issued by a water industry entity, the entity may issue such a permit to a person in accordance with this regulation.

(2)Part 6 applies, with necessary modifications, in relation to a permit issued under this regulation as if it were a permit issued under that Part.

Part 5—Technical and safety issues

19—Standards

For the purposes of section 66(2)(k) of the Act, a standard may make provisions of a saving or transitional nature relating to the carrying out, approval or certification of work to be carried out in accordance with the standard in circumstances where the standard is varied or substituted.

20—Performance of regulated work

For the purposes of section 67(1) of the Act, registration as a plumbing worker under the Plumbers, Gas Fitters and Electricians Act 1995 is recognised.

21—Safety, reliability, maintenance and technical management plans and reports

For the purposes of section 68(2)(a) of the Act, the following are matters that must be dealt with by a safety, reliability, maintenance and technical management plan:

(a)the safe design, installation, commissioning, operation, maintenance and decommissioning of water/sewerage infrastructure owned or operated by the water industry entity;

(b)the maintenance of water or sewerage services of the quality required to be maintained by or under the Act, these regulations, the water industry entity's licence or the conditions of any exemption granted to the entity;

(c)monitoring compliance with safety and technical requirements imposed by or under the Act, these regulations, the water industry entity's licence or the conditions of any exemption granted to the entity;

(d)monitoring water/sewerage infrastructure owned or operated by the water industry entity for the purposes of identifying infrastructure that is unsafe or at risk of failing or malfunctioning;

(e)the establishment of indicators and the collection and recording of information to measure the water industry entity's performance in respect of matters referred to in the preceding paragraphs.

22—Responsibilities of customers

1. For the purposes of section 69 of the Act, a customer who is supplied with water by a water industry entity must, in relation to a meter supplied by the entity, or an associated fitting, inform the entity of damage to the meter or associated fitting as soon as is reasonably practicable after the damage occurs.

2. For the purposes of paragraph (b) of the definition of customer in section 4 of the Act, a reference to customer in subregulation (1) includes a reference to a person supplied with water by a water industry entity as a consumer or user of the water.

23—Fittings etc to be flush with road surface

1. Entry points, inspection points and similar fittings situated in a road, footpath or an easement must be flush with the surface of the road, footpath or easement.

2. If the surface height of a road, footpath or easement is altered—

   (a)the council, other authority or person who made the alteration must give notice in writing to the water industry entity that owns, manages or uses the entry point, inspection point or other fitting of the alteration; and

   (b)the water industry entity must, at the cost of the council, other authority or person who made the alteration, alter the height of the entry point, inspection point or other fitting.

3. The water industry entity may recover its costs as a debt from the council, other authority or person.

(4)Subregulations (2) and (3) have effect for the purposes of section 52(3)(b) of the Act.

Part 6—Water conservation—longer‑term measures

25—SA Water may issue permits

1. Where, pursuant to regulation 24, a specified use of water is prohibited except under the authority of a permit issued by SA Water, SA Water may, on payment of such fee as may be fixed by SA Water, issue such a permit to a person in accordance with this Part.

2. A permit issued under subregulation (1) may authorise the person to whom the permit is issued to engage in the specified use of water at multiple sites.

26—Circumstances in which permit may be issued

SA Water may only issue a permit if SA Water is satisfied that—

(a)good reason exists for allowing the use of water to occur in accordance with the permit; and

(b)the use of water under the permit (and all other permits issued in accordance with this Part) will not significantly reduce the effectiveness of the measures or restrictions then in force in providing for the conservation or efficient use or management of water.

27—Form and content of permit

A permit must be in writing in a form determined by SA Water and must specify—

(a)the name and address of the holder of the permit; and

(b)the measure or restriction to which the permit relates; and

(c)the water use to which the permit relates; and

(d)other than in the case of a permit that authorises the use of water at multiple sites—the land to which the permit relates; and

(e)the period for which the permit applies.

28—Conditions of permit

A permit is subject to such conditions as are determined by SA Water and specified in the permit or subsequently notified to the holder of the permit in accordance with this Part.

29—Breach of permit conditions

Where the holder of a permit, or a person acting in the employment or with the authority of the holder of the permit, contravenes or fails to comply with a condition of the permit, the holder of the permit is guilty of an offence.

30—Revocation, variation etc of permit or condition

SA Water may, by written notice to the holder of a permit, revoke, suspend or vary a permit, or a condition of a permit, or add a new condition to a permit, if SA Water is satisfied that—

(a)it is necessary or expedient to do so for the conservation or efficient use or management of water; or

(b)the holder of the permit has contravened or failed to comply with a provision of the Act or these regulations or a condition of the permit.

31—Application of permit relating to regulation 24

A permit issued in accordance with this Part in relation to a measure imposed by regulation 24 applies subject to any requirement imposed under section 59(3) of the Act (and any permit issued by the relevant water industry entity under section 59(4) in relation to such a requirement).

32—Permit not transferable

A permit issued in accordance with this Part is not transferable.

Part 7—Miscellaneous

33—Requirement to connect to infrastructure

1. For the purposes of section 48(3) of the Act—

   (a)each of the following is a prescribed body under section 48(3)(c) of the Act:

   (i)the Technical Regulator;

   (ii)the Minister responsible for the administration of the South Australian Public Health Act 2011;

   (iii)a council (unless the council is the water industry entity that will be providing the sewerage service); and

   (b)it will be a requirement under section 48(3)(d) of the Act that the scheme must be developed in consultation with the council (or councils) for the area (or areas) where the sewerage services are proposed to be provided (unless the council is providing the sewerage service that is under consideration within its own area).

2. A notice under section 48(6) of the Act—

   (a)must be in writing; and

   (b)must—

   (i)provide a description of the prescribed infrastructure and the scheme; and

   (ii)specify the fees and changes that are to be imposed in connection with the sale and supply of the sewerage services under the scheme; and

   (iii)provide information about any terms or conditions that are to apply in relation to the sale and supply of the sewerage services under the scheme; and

   (iv)specify the action to be taken by the owner of the land to connect any drains, equipment or works to the prescribed infrastructure; and

   (v)provide information about any specifications that apply under section 48(7)(b) of the Act; and

   (vi)the period when, or the time by which, the connection must be made; and

   (vii)advise the owner that the costs incurred in complying with the notice will be borne by the owner under section 47(7)(c) of the Act; and

   (viii)contain a warning that—

   (A)if the requirements of the notice are not complied with, the relevant water industry entity may take any action required by the notice; and

   (B)the reasonable costs and expenses incurred by a water industry entity in taking such action may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice; and

   (ix)specify the contact details of the water industry entity.

34—Pipes must not lie across allotment boundaries

1. Subject to this regulation, a pipe connected to any water/sewerage infrastructure must not lie across the boundary between adjoining allotments and accordingly—

   (a)a person must not—

   (i)lay a pipe that is, or is to be, connected to any water/sewerage infrastructure across the boundary of adjoining allotments; or

   (ii)connect a pipe that has been laid across the boundary of adjoining allotments to any water/sewerage infrastructure; and

   (b)if, on the division of land, the boundary of adjoining allotments intersects the line on which a pipe connected to any water/sewerage infrastructure has been laid, the owner or occupier of each allotment may be directed by the Technical Regulator or a water industry entity under this regulation to disconnect the pipe from the water/sewerage infrastructure.

(2)Subregulation (1) does not apply in relation to allotments in the same site under the Strata Titles Act 1988 or in the same community parcel under the Community Titles Act 1996.

1. It is a defence to a prosecution for an offence against subregulation (1)(a) to prove that the laying or connecting of the pipe was done with the written approval of the Technical Regulator or a water industry entity.

2. If a pipe connected to any water/sewerage infrastructure lies across the boundary between adjoining allotments (except allotments in the same site under the Strata Titles Act 1988 or in the same community parcel under the Community Titles Act 1996), the Technical Regulator or a water industry entity may give written notice to the owner or occupier of each of the allotments directing that the pipe be disconnected from the water/sewerage infrastructure by a qualified person in the manner, at the point and within the time stated in the notice.

3. A person to whom a notice is given under subregulation (4), or a person acting on his or her behalf, is entitled to carry out such work as is reasonably necessary in order to comply with the notice (to the extent that the person is qualified to undertake the work) and for that purpose may enter either or both of the allotments or any adjoining land.

4. A person who fails to comply with a notice is guilty of an offence.

5. If a person to whom notice has been given fails to comply with the notice, the Technical Regulator or a water industry entity (or a person authorised by the Technical Regulator or a water industry entity) may enter either allotment or any adjoining land and carry out the necessary work and each person in default is jointly and severally liable to the Technical Regulator or the water industry entity (as the case requires) for the costs of carrying out that work.

6. The owners of the allotments are jointly and severally liable—

   (a)for the costs in carrying out work under subregulation (7); and

   (b)to an occupier of either allotment for—

   (i)the occupier's costs in carrying out work required by a notice given to the occupier under subregulation (4); and

   (ii)for any amount that the occupier is liable to pay under subregulation (7).

35—Fees for reinspection etc

1. If—

   (a)a person's acts or omissions require the Technical Regulator (or a person acting on behalf of the Technical Regulator) to undertake a reinspection of any work, or to reattend at any place for any other reason, in connection with the operation or requirements of a standard under Part 7 of the Act; or

   (b)a person is given a direction under section 77 or 78 of the Act and an authorised person undertakes a reinspection of any work, or reattends at any place, for the purpose of ensuring compliance with the direction or approving reconnection to the water supply,

   the person is liable to pay a fee of an amount equal to the reasonable costs of the reinspection or reattendance (as the case may be).

2. The Technical Regulator may recover a fee payable under subregulation (1) as a debt by action in a court of competent jurisdiction.

36—Water meters—estimates

If—

(a)a water industry entity is unable for any reason to gain access to a meter or to read a meter for the purpose of measuring water supplied to the person by the entity; and

(b)a code or rules made under the Essential Services Commission Act 2002 relating to the provision of retail services to customers does not apply to that supply of water,

the entity may, in accordance with any requirements of the Commission, estimate the quantity of water supplied through the meter and that quantity will be taken to be the quantity of water supplied for the purpose of any amount payable for the supply of the water.

36A—Extension of Part 9A

In accordance with section 86ZR(6)(b) of the Act (and following a recommendation of the regulator as required by section 86ZR(6)(a) of the Act), the operation of Part 9A of the Act is extended by a further period of 5 years commencing when the existing prescribed period ends on 30 June 2024.

37—Save the River Murray levy—exemptions

1. For the purposes of section 93(8)(b) of the Act, a person qualifies in accordance with a scheme published by the Minister by notice in the Gazette.

2. The water rates concession scheme approved and funded by the Minister for the purposes of section 25(1)(o) of the Act is recognised for the purposes of section 93(8)(c) of the Act.

38—Charge where land not connected or service to land reduced or discontinued

For the purposes of section 115(2)(c) of the Act, a charge may be imposed by a water industry entity in respect of land of a kind specified by the Minister by notice in the Gazette despite the fact that—

(a)the land is not connected to infrastructure by which a retail service is provided by the water industry entity; or

(b)the provision of a retail service to the land by the water industry entity has been reduced or discontinued.

39—Vents—cost of compliance with requirements

Where the vents connected to a building (the existing building) cease to comply with the requirements of the Act, these regulations or any requirement or standard under the Act or these regulations because another building (the new building) has been erected next to, or in the vicinity of, the existing building, the owner of the existing building must alter the vents so that they comply with those requirements and the cost of doing so may be recovered as a debt by the owner of the existing building from the owner of the new building.

40—General penalty

A person who contravenes or fails to comply with a provision of these regulations for which a specific penalty is not provided is guilty of an offence.

Maximum penalty: $10 000.

Expiation fee: $315.

41—Expiation of offences against Act

The expiation fees specified in the following table are fixed for alleged offences against the Act arising from an alleged contravention of the section specified opposite the fee:

Section	Fee
section 43(4)	$50
section 50(1)	$750
section 50(5)	$200
section 50(6)	$750
section 51(1)	$150
section 54(1)	$315
section 54(2)	$315
section 54(4)	$315
section 54(6)	$315
section 54(7)	$315
section 54(9)	$200
section 55(1)	$750
section 56(1)	$750
section 56(4)	$750
section 56(5)	$150
section 67(1)	$315
section 67(2)	$315
section 69(1)	$150
section 70(4)	$315
section 77(3)	$315
section 78(4)	$315
section 92(9)	$315
section 96	$200
section 100(a)	$200

Schedule 2—Trees and shrubs to which regulation 13(a)(ii) applies

Botanical name	Common name
Acacia cultriformis	Knife‑leaved Wattle
Acacia cyclops	W.A. Coastal Wattle
Acacia howitii	Sticky Wattle
Acacia iteaphylla	Flinders Range Wattle
Acacia longifolia	Sallow Wattle
Acacia microbotrya
Acacia retinodes	Wirilda
Acacia sophorae	S.A. Coastal Wattle
Acacia sowdenii	Western Myall
Acacia trineura	Hindmarsh Wattle
Acacia verniciflua	Varnish Wattle
Acacia victoriae	Elegant or Bramble Wattle
Actinostrobus pyramidalis	Swan River Cypress
Bauhinia variegata and forms	Orchid Tree, Bauhinia
Callistemon cirtrinus (C. Lanceolatus)	Crimson Bottlebrush
Callistemon "Harkness"	Gawler Hybrid Bottlebrush
Callistemon lilacinus (C. violaceus)	Lilac Bottlebrush
Callistemon macropunctatus (C. rugulosus)	S.A. Red Bottlebrush
Callistemon phoeniceus	Fiery Bottlebrush
Callistemon rigidus	Stiff‑leaved Bottlebrush
Callistemon salignus	Willow Bottlebrush
Callistemon viminalis	Weeping Bottlebrush
Calothamnus aspera	Rough‑leaved Net Bush
Ceanothus species	Ceanothus
Cotoneaster Frigida	Himalayan Cotoneaster
Crataegus lavallei (C. carrieri)	Lavalle Hawthorn
Crataegus oxyacantha and forms	Hawthorn, May Tree
Crataegus phaenopyrum (C. cordata)	Washington Thorn
Crataegus pubescens (C. mexicana)	Mexican Hawthorn
Duranta repens	Sky Flower, Duranta
Eucalyptus "Augusta Wonder"
Eucalyptus caesia	Gungunnu
Eucalyptus calycogona	Square‑fruited Mallee
Eucalyptus cosmophylla	S.A. Cup Gum
Eucalyptus crucis	Southern Cross Mallee
Eucalyptus dielsii	Diels Gum
Eucalyptus diversifolia	S.A. Coastal Mallee
Eucalyptus eremophila	Tall Sand Mallee
Eucalyptus erythrocorys	Red‑capped Gum
Eucalyptus erythronema	Lindsay Gum
Eucalyptus foecunda (E. lepto‑phylla)	Slender‑leaved Mallee
Eucalyptus forrestiana	Fuchsia Gum
Eucalyptus orbifolia	Round‑leaved Mallee
Eucalyptus preissiana	Bell‑fruited Mallee
Eucalyptus pyriformis subspecies youngiana	Ooldea Mallee
Eucalyptus rodantha	Rose Gum
Eucalyptus rugosa	Kingscote Mallee
Eucalyptus socialis	Red Mallee, Morrel
Eucalyptus stoatei	Pear‑fruited Gum
Eucalyptus tetraptera	Four‑winged Mallee
Eucalyptus websterana	Webster's Mallee
Euonymus japonicus	Evergreen Spindle Tree
Feijoa sellowiana and forms	Pineapple Guava
Geijera parviflora	Wilga
Hakea elliptica	Oval‑leaved Hakea
Hakea laurina	Pincushion Hakea
Hakea petiolaris	Broad‑leaf Sea Urchin
Hakea salicifolia (H. saligna)	Willow Hakea
Hakea sulcata	Furrowed Hakea
Hakea undulata	Wavy‑leaved Hakea
Hibiscus species	Hibiscus
Homalanthus populifolius	Queenslander Poplar, Bleeding‑Heart Tree
Lagerstroemia "Eavesii"	Mauve Crepe‑Myrtle
Lagerstroemia indica	Pink Crepe‑Myrtle
Leptospermum laevigatum	Victoria Coastal Tea Tree
Malus species	Flowering Crabs and Apples
Melaleuca elliptica	Granite Honey Myrtle
Melaleuca Fulgens	Scarlet Honey Myrtle
Melaleuca Glomerata
Melaleuca hypericifolia	Hillock Bush
Melaleuca incana	Yellow‑Flowered Grey Honey Myrtle
Melaleuca lateritia	Robin Redbreast Bush
Melaleuca nesophila	Western Honey Myrtle
Melaleuca pentagona
Melaleuca radula	Graceful Honey Myrtle
Melaleuca squamea
Photinia serrulata	Chinese Hawthorn
Pittosporum crassifolium and variegated form	Karo
Pittosporum phylliraeoides	Native Apricot, Weeping Pittosporum
Pittosporum tenuifolium	New Zealand Kohuhu
Pittosporum tenuifolium "Pirpureum"
Prunus species	Flowering Almonds, Plums, Apricots, Cherries, Peaches
Pyracantha coccines "Lalandei"	Lalande Firethorn
Pyracantha crenulata	Nepal Firethorn
Pyracantha rodgersiana	Yellow‑Berry Firethorn
Sophora tetraptera	Yellow Kowhai
Spartium junceum	Spanish Broom
Stenolobium alatum (Tecoma smithii)	Winged Yellow‑Trumpet
Stenolobium stans (Tecoma stans)	Florida Yellow‑Trumpet
Syzygium Coolminianum	Blue Lilly Pilly
Viburnum tinus	Laurustinus
Vitex agnus‑castus	Lilac Chaste Tree

Schedule 3—Trees and shrubs to which regulation 13(a)(iii) applies

Botanical name	Common name
Acacia acuminata	Raspberry Jam Wattle
Acacia cyanophylla	Orange Wattle
Acacia pendula	Weeping Myall
Acacia salicina	Broughton Willow or Wattle
Acacia terminalis (A. elata)	Cedar Wattle
Acer negundo	Box Elder
Agonis Flexuosa	W.A. Willow Myrtle or Peppermint
Albizia julibrissin	Silk Tree
Amygdalus pollardii	Flowering Almond
Angophora cordata	Dwarf or Scrub Apply Myrtle
Angophora costata	Smooth‑barked Apply Myrtle
Arbutus unedo	Irish Strawberry
Bauhinia carronii	Queensland Bean or Ebony Tree
Berberis species	Barberry, Berberis
Betula pendula (B. alba)	Silver Birch
Brachychiton acerifolium	Flame Tree
Brachychiton discolor	Queensland Lace Bark
Brachychiton acerifolium x populneum (B. Hydridum)	Hybrid Flame Tree
Brachychiton populneum	Kurrajong
Callitris columellaris	White Cypress Pine
Callitris preissii	Slender Cypress Pine
Casuarina cristata	Black Oak, Belah
Casuarina stricta	Weeping Sheoak
Casuarina torulosa	Rose Sheoak
Celtis australis	Southern Hackberry, Celtis
Celtis occidentalis	American Hackberry, Celtis
Cercis siliquastrum	Judas Tree
Citharexylum species	Fiddlewood
Cotoneaster serotina	Cotoneaster
Cupressus glabra	Arizona Cypress
Erythrina "Indica"	Hybrid Indian Coral Tree
Eucalyptus behriana	Broad‑leaved Box
Eucalyptus campaspe	Silver Gimlet
Eucalyptus Cinerea	Mealy Stringybark, Argyle Apple
Eucalyptus cneorifolia	Kangaroo Island Narrow‑leaved Gum
Eucalyptus conglobata	S.A. Coastal Gum
Eucalyptus dundasii	Dundas Blackbutt
Eucalyptus "Ericoides"
Eucalyptus Ficifolia	W.A. Scarlet Flowering Gum
Eucalyptus flocktoniae	Merrit
Eucalyptus gardneri	Blue Mallett
Eucalyptus gracilis	Yorrell
Eucalyptus incrassata	Ridge‑fruited Mallee
Eucalyptus intertexta	Smooth‑barked Coolibah
Eucalyptus landsdowneana	Port Lincoln Gum
Eucalyptus lehmanni	Bushy Yate
Eucalyptus le souefii	Le Souef's Blackbutt
Eucalyptus leucoxylon "Rosea"	Pink‑flowering Blue Gum
Eucalyptus megacornuta	Warty Yate
Eucalyptus nutans	Nodding Gum
Eucalyptus oleosa	Red Mallee
Eucalyptus pileata	Ravensthorpe Mallee
Eucalyptus platypus	Round‑leaved Moort
Eucalyptus "Pterocarpa"
Eucalyptus pulverulenta	Silver‑leaved Mountain Gum
Eucalyptus salubris	Gimlet Gum
Eucalyptus sargentii	Salt or Sargent's Mallet
Eucalyptus sideroxylon	Manna Red Ironbark, Mugga
Eucalyptus spathulata	Swamp Mallee
Eucalyptus steedmanii	Steedman's Gum
Eucalyptus stricklandii	Yellow‑flowering Gum
Eucalyptus torquata	Coral or Coolgardie Gum
Eucalyptus "Torwood"	Hybrid Coral gum
Eucalyptus "Urrbrae Gum"
Eucalyptus viridis	Green Mallee
Eucalyptus woodwardii	Lemon‑flowering Gum
Eugenia smithii (Acmena smithii)	Lilly Pilly
Ficus rubiginosa "Variegata"	Variegated Rusty Fig
Fraxinus excelsior "Aurea"	Golden Ash
Fraxinus ornus	Manna Ash
Hakea kippistiana
Hakea suaveolens	Sweet Hakea
Harpephyllum caffrum	Kaffir Plum
Hymenosporum flavum	Woolum, Native Frangipani
Jacaranda species	Jacaranda
Juniperus sheppardii var. pyramidalis ("J.africans")	Juniper
Koelreuteria paniculata	Varnish Tree
Laburnum species	Laburnum
Lagunaria patersonii	Pyramid Tree
Ligustrum japonicum and forms	Japanese Privet
Ligustrum ludidum and forms	Glossy Privet
Liquidambar styraciflua	Liquidambar
Melaleuca alternifolia	Alternate‑leaved Honey Myrtle
Melaleuca armillaris	Bracelet Honey Myrtle
Melaleuca halmaturorum	S.A. Swamp paper Bark
Melaleuca huegelii	Chenile Honey Myrtle
Melaleuca Lanceloata (M. pubescens)	Dry Land Tea Tree
Melaleuca linariifolia	Flax‑leaved Honey Myrtle
Melaleuca styphelioides	Prickly Paperbark
Melia axedarach	White Cedar
Metrosideros excelsa (M. tomentosa)	New Zealand Christmas Tree
Myoporum insulare	Boobialla
Myoproum montanum	Water Bush
Nerium oleander	Oleander
Parkinsonia aculeata	Jerusalem Thorn
Pittosporum rhombifolium	Queensland Pittosporum
Pittosporum undulatum	Sweet Pittosporum
Pittosporum undulatum "Variegatum"	Variegated Sweet Pittosporum
Quercus ilex	Holm Oak
Sophora japonica	Pagoda Tree
Sorbus aucuparia	Rowan, Mountain Ash
Syzygium paniculatum	Brush Cherry
Tamarix juniperina	Flowering Tamarisk
Tristania conferta	Brush Box

Schedule 5—Transitional provisions

Part 2—Transitional provisions

Division 1—Preliminary

2—Preliminary

In this Part—

transitional financial year has the same meaning as in Schedule 2 Part 10 of the Water Industry Act 2012.

Division 2—Special provisions relating to revocation of Sewerage Regulations 2011

3—Approvals

An approval under regulation 4 of the Sewerage Regulations 2011 will continue to apply (and will have effect for the purposes of these regulations).

4—Charges—transitional financial year

The charges set out in regulation 34 of the Sewerage Regulations 2011 will continue to apply during the transitional financial year as if that regulation had not been revoked (and any charge incurred or imposed during the transitional financial year under regulation 34 of those regulations may be recovered after the end of the transitional financial year).

5—References to undertaking

A reference in a statutory instrument to the undertaking within the meaning of the Sewerage Act 1929 (being undertaking within a drainage area constituted under that Act) will be taken to be a reference to sewerage infrastructure held by SA Water (other than where SA Water is holding and operating the infrastructure on behalf of another water industry entity).

Division 3—Special provisions relating to revocation of Waterworks Regulations 2011

6—Approvals

An approval under regulation 4 of the Waterworks Regulations 2011 will continue to apply (and will have effect for the purposes of these regulations).

7—Charges—transitional financial year

The charges set out in regulation 25 of the Waterworks Regulations 2011 will continue to apply during the transitional financial year as if that regulation had not been revoked (and any charge incurred or imposed during the transitional financial year under regulation 25 of those regulations may be recovered after the end of the transitional financial year).

8—Permits

A permit issued by SA Water under regulation 31 of the Waterworks Regulations 2011 and in force immediately before the commencement of this clause will continue for the balance of the period for which the permit was issued—

(a)in the case of a permit issued pursuant to regulation 28 of the Waterworks Regulations 2011—as if it were a permit issued by SA Water under regulation 25 of these regulations; and

(b)in the case of a permit issued pursuant to a notice by SA Water under section 33A of the Waterworks Act 1932—as if it were a permit issued by SA Water under regulation 18 of these regulations.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

The Water Industry Regulations 2012 revoked the following:

Sewerage Regulations 2011

Waterworks Regulations 2011

Principal regulations and variations

New entries appear in bold.

Year	No	Reference	Commencement
2012	269	Gazette 20.12.2012 p6210	1.1.2013: r 2
2013	72	Gazette 6.6.2013 p2155	1.7.2013: r 2
2014	36	Gazette 6.2.2014 p598	1.4.2014: r 2
2014	178	Gazette 19.6.2014 p2755	1.7.2014: r 2
2015	134	Gazette 18.6.2015 p2742	1.7.2015: r 2
2016	99	Gazette 23.6.2016 p2249	1.7.2016: r 2
2017	179	Gazette 22.6.2017 p2476	1.7.2017: r 2
2017	337	Gazette 19.12.2017 p5139	1.1.2018: r 2
2018	128	Gazette 21.6.2018 p2350	1.7.2018: r 2
2019	119	Gazette 13.6.2019 p1986	1.7.2019: r 2
2019	167	Gazette 27.6.2019 p2363	27.6.2019: r 2
2020	200	Gazette 4.6.2020 p3074	1.7.2020: r 2
2024	62	Gazette 27.6.2024 p1961	27.6.2024: r 2

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 1
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2013
Pt 4
r 11
r 11(5)	varied by 200/2020 r 4	1.7.2020
r 12
r 12(1)	varied by 200/2020 r 5(1)	1.7.2020
r 12(2)	varied by 200/2020 r 5(2)	1.7.2020
r 12(3)	varied by 200/2020 r 5(3)	1.7.2020
Pt 6 before substitution by 337/2017
r 24	will expire: r 24(5)	(1.1.2018)
Pt 6	substituted by 337/2017 r 4	1.1.2018
r 24	expired: r 24(5)—omitted under Legislation Revision and Publication Act 2002	(1.1.2023)
Pt 7
r 36A	inserted by 167/2019 r 4	27.6.2019
substituted by 62/2024 r 3	27.6.2024
r 37
r 37(1)	r 37 redesignated as r 37(1) by 36/2014 r 4	1.4.2014
r 37(2)	inserted by 36/2014 r 4	1.4.2014
Sch 1	substituted by 72/2013 r 4	1.7.2013
substituted by 178/2014 r 4	1.7.2014
substituted by 134/2015 r 4	1.7.2015
substituted by 99/2016 r 4	1.7.2016
substituted by 179/2017 r 4	1.7.2017
substituted by 128/2018 r 4	1.7.2018
substituted by 119/2019 r 4	1.7.2019
deleted by 200/2020 r 6	1.7.2020
Sch 4 before substitution by 337/2017	will expire: Sch 4 cl 9	(1.1.2018)
Sch 4	substituted by 337/2017 r 5	1.1.2018
expired: Sch 4 cl 9—omitted under Legislation Revision and Publication Act 2002	(1.1.2023)
Sch 5
Pt 1	omitted under Legislation Revision and Publication Act 2002	1.7.2013

Historical versions

1.7.2013

1.4.2014

1.7.2014

1.7.2015

1.7.2016

1.7.2017

1.1.2018

1.7.2018

27.6.2019

1.7.2019

1.7.2020