Waterworks Act 1932 (SA)
South Australia
Waterworks Act 1932
An Act to consolidate certain Acts relating to water supply.
Contents
Part 1—Preliminary
1 Short title
3 Acts consolidated and repealed
4 Interpretation
5 Acquisition of land
5A Validation etc
Part 1A—The Minister
5B Minister may delegate
Part 2—Constitution of water districts
6 Water districts
Part 3—Regulations and powers of Corporation
10 Regulations
12 Power of Minister to do certain acts and execute certain works
13 Reversion of lands to councils
14 Construction of accommodation works
15 Power to break up streets
16 Notice before breaking up streets
17 Reinstatement of streets
18 Delay in reinstating streets
19 Power of other persons to reinstate streets
20 Power to take temporary possession of land
21 Duty of Corporation to separate lands before using them
22 Compensation for temporary occupation
23 Vesting of waterworks etc in Corporation
Part 4—Supply of water and protection of fittings and works
27 Free supply for public purposes within Port Adelaide
28 Duty of Corporation to fix public fireplugs in the mains
29 Fireplugs for manufactories etc
30 Duty to keep pipes charged
31 Duty to distribute constant supply of water
31A Power to use water for any district
32 Power to cut off water supply from unoccupied land
33 Power to lessen or discontinue supply
33A Restrictions on the use of water
34 Supply to groups of houses
35 Supply of water
35A Reduction in water supply to cope with demand
36 Power to erect stand pipes and sell water
37 Power to make agreement to supply water by measure
38 Prohibition against laying gaspipes and tramrails
39 Power of Corporation to let meters etc
40 Fixing, repairing, or interfering with meter
41 Power to charge use of meter
42 Procedure on failure of meter
43 Interfering with or by-passing meter
44 Duty of consumer to keep pipes and fittings within his premises in repair
45 Alteration etc to pipes, fittings etc
46 Use of fittings
47 Powers of entry and inspection
48 Exemption of pipes and fittings from distress
49 Unauthorised fittings
50 Penalty for breaking fittings
51 Duty to give notice before paving street etc
52 Penalty for contravention of Act
53 Penalty for wasting water etc
54 Power to cut off or reduce water supply
55 Unlawfully taking water
56 Pollution of streams etc
57 Allowing contaminated water to flow into streams
58 Reduction and prevention of the pollution of water
59 Waste material from gasworks
60 Pollution caused by gasmaker
61 Power to examine gaspipes to ascertain cause of water being fouled
62 Injury to or obstruction of works
63 Penalty for illegally diverting water
64 Penalty for destroying works
65 Entry onto land of the Corporation
Part 5—Rates
Division 1—Rates
65A Interpretation
65B Composition of rates
65C Declaration of rates etc by Minister
65CAA Related principles
65CA Save the River Murray levy
Division 3—General
66A Capital value of land
67 Right to recover rates not to be suspended
69 Reduction of rates
84 Power to reduce water rates
86 Right to Corporation to treat separate holdings as a single parcel of ratable land and vice versa
86A Liability for rates in strata scheme
86AA Liability for rates where land divided by community plan
86B Sharing water use charges in certain circumstances
87 Recovery of money by Corporation
88 Exemption from rates
90 Gazetted mains
91 Provisions where several houses supplied by one pipe
92 Power of Corporation to give notice to occupiers to pay rents when water rates payable by owner are in arrear
93 Recovery of amounts due to Corporation
94 Time for payment of water rates etc
95 Recovery of rates
96 Power of tenant paying water rates or other charges due by his landlord to recover same
97 Power of tenant to recover portion of water rate or other charges in certain cases
98 Power to sell land
99 Power of lessee to recover half cost of service pipes etc when lease has less than five years to run
Part 6—Save the River Murray Fund
100 Save the River Murray Fund
Part 7—Power to lease certain waterworks
106 Power to lease
107 Power to accept surrenders
108 Powers of lessees
109 Rating powers of lessees
Part 8—Miscellaneous
109A Certain work may be carried out by owner
109B Capital contribution where capacity of waterworks increased
111 Time for commencement of prosecutions
112 Register of meters to be prima facie evidence
112A Certificate of Corporation
113 Persons liable to penalties
116 Tender of amends
118 Gazette to be evidence in certain cases
119 Evidence
119A Validation of certain surcharges
120 Existence of communication pipes and meter evidence of contract
121 Tod River and Coonalpyn Downs water district
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Waterworks Act 1932.
3—Acts consolidated and repealed
This Act is a consolidation of the Acts mentioned in Schedule 1, and the said Acts are hereby repealed.
4—Interpretation
(1)In this Act, except where the subject matter or context or some other provision requires a different construction—
adjacent land means—
(a)land abutting upon part of a street in, or adjacent to, which a gazetted main pipe has been laid; or
(b)land abutting upon, or traversed by, a gazetted main pipe; or
(c)land that is, pursuant to section 121 of this Act, deemed to be adjacent land,
but does not include any such land to which the Corporation is not prepared to supply water by means of a direct service;
consumer means any person supplied with water under this Act;
Corporation means South Australian Water Corporation established under the South Australian Water Corporation Act 1994;
country lands water district means a water district declared by proclamation under this Act to be a country lands water district;
direct service in relation to the supply of water in respect of land, means the supply of water to a point determined by the Corporation within or adjacent to the boundaries of that land;
financial year means the period commencing on the first day of July in any year and ending on the thirtieth day of June in the next year;
fittings includes communication pipes, standpipes, and all other pipes, and also all cocks, valves, siphons, cisterns, tanks, vessels and other apparatus connected to the waterworks;
gazetted main pipe means a main pipe or part of a main pipe referred to in a notice published or deemed to have been published under section 90 of this Act;
land includes premises;
owner includes the person for the time being receiving, or entitled to receive, the rents and profits of any land, whether on his own account or as agent, trustee, or attorney;
payment day means the day on which water rates are payable upon land within a water district pursuant to the provisions of section 94 of this Act;
premises means any house, and any public or private building whatsoever, and any part of any house or building, and any garden, stable, yard, or other offices used together or in connection with any house, or building, and every part thereof;
quarter in relation to a financial year means each of the following periods:
(a)the period commencing on the first day of July and ending on the thirtieth day of September; and
(b)the period commencing on the first day of October and ending on the thirty-first day of December; and
(c)the period commencing on the first day of January and ending on the thirty-first day of March; and
(d)the period commencing on the first day of April and ending on the thirtieth day of June;
ratable land means—
(a)adjacent land; and
(b)land contiguous to adjacent land and subject to the same ownership or occupation; and
(c)land to which water is supplied directly or indirectly by the Corporation; and
(d)land in respect of which the Corporation has, at any time, at the request of an owner or occupier of the land, provided a supply of water to a point, determined by the Corporation, from which the land may receive water,
but does not include land to which water is supplied pursuant to an agreement under Part 4 of this Act;
stream includes a river, creek, brook, spring, lake, aqueduct, conduit, tunnel or any structure through or along which water passes and includes any water in a stream;
street means every public square, place, road, terrace, and thoroughfare, and any private street;
vacant land means unoccupied land which is not built upon, and which is not appurtenant to, or used in connection with, any building, and whether such land is used for the purpose of depasturing cattle thereon or otherwise;
water district means any water district proclaimed from time to time under this Act, or any Act repealed by this Act, within which water is to be supplied, and also means any other water district constituted before the passing of this Act;
water rate includes every rent payable, and every reward or payment to be made, whether under agreement or otherwise, to the Corporation, for a supply of water from the waterworks for any purpose whatever;
watercourse means the bed of a river, creek or other channel in which water flows whether ordinarily, intermittently or occasionally and any water therein;
waterworks includes all water storages, reservoirs, wells and bores, pumping stations, water treatment stations, tanks, aqueducts, tunnels, pipes and other works for the collection, treatment and distribution of water acquired by or under the control of the Corporation and all land acquired by or under the control of the Corporation for the purposes of this Act in connection with the supply of water.
(2)For the purposes of this Act, a reference to connection to or disconnection from the waterworks includes a reference to connection to or disconnection from a pipe or fitting through which water is supplied from the waterworks.
(3)For the purpose of applying the definition of adjacent land—
(a)where the land comprised in a strata plan under the Strata Titles Act 1988 is adjacent land in relation to a gazetted main pipe, the common property and each of the units comprising the land will be taken to be adjacent land in relation to the main pipe;
(b)where land that is a community parcel within the meaning of the Community Titles Act 1996 is adjacent land in relation to a gazetted main pipe and is divided by a strata plan under that Act, the common property and each of the strata lots comprising the parcel will be taken to be adjacent land in relation to the main pipe;
(c)where land that is a community parcel within the meaning of the Community Titles Act 1996 is adjacent land in relation to a gazetted main pipe and is divided by a community plan (not being a strata plan) under that Act, those parts of the common property and those lots comprising the parcel that are, or are to be, connected to the main pipe will be taken to be adjacent land in relation to the main pipe.
5—Acquisition of land
The Corporation may, with the approval of the Minister, acquire land for the purposes of this Act under the Land Acquisition Act 1969.
5A—Validation etc
(1)All water rates levied and payable on land or premises or purporting to have been so levied and payable pursuant to this Act as in force before the commencement of the Waterworks Act Amendment Act 1970, shall except as provided in subsection (2) of this section be deemed to be and always to have been as validly and effectually levied and payable as they would have been had the amendments effected to this Act by the Waterworks Act Amendment Act 1970, come into operation on the first day of July, 1970.
(2)Nothing in this section shall affect any proceedings in Supreme Court actions No. 992 of 1969 and No. 1095 of 1970 and those proceedings may be continued and judgment may be given therein in all respects as if the Waterworks Act Amendment Act 1970 had not been enacted.
(3)Any by-law made or purporting to be made pursuant to powers conferred by this Act shall be deemed to be and always to have been as validly and effectually made as it would have been had the amendment effected to this Act by section 4 of the Waterworks Act Amendment Act 1970, come into operation on the day upon which this Act came into operation.
(4)No rate declared in respect of any water district either before or after the enactment of this subsection shall be held to be invalid on the ground that it differs from a rate declared in respect of any other water district.
Part 1A—The Minister
5B—Minister may delegate
(1)Subject to subsection (4), the Minister may delegate any of his or her functions, powers or duties under this Act (except this power of delegation)—
(a)to the Corporation; or
(b)to any other person or body.
(2)A function, power or duty delegated under subsection (1) to the Corporation may, if the instrument of delegation so provides, be further delegated by the Corporation.
(3)A delegation under this section—
(a)must be by instrument in writing; and
(b)may be absolute or conditional; and
(c)does not derogate from the power of the delegator to act in any matter; and
(d)is revocable at will by the delegator.
(4)The Minister cannot delegate his or her functions, powers or duties under Part 5.
Part 2—Constitution of water districts
6—Water districts
(1)The Corporation may, by notice published in the Gazette—
(a)declare any part of the State to be a water district;
(b)alter the boundaries of a water district by adding land to or removing land from the district;
(c)declare any water district to be a country lands water district;
(d)abolish a water district;
(e)declare that the notice has effect from the commencement of the financial year in which it is published in the Gazette or from any later date.
(2)The Corporation may, by notice published in the Gazette, vary or revoke a notice published under this section.
(3)A water district constituted under this Act or a corresponding previous enactment and in existence immediately before the commencement of this section will be taken to have been constituted by the Corporation by notice in the Gazette under this section.
Part 3—Regulations and powers of Corporation
10—Regulations
(1)The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act, and, without limiting the generality of that power, the Governor may make regulations—
Ifor regulating the conduct of the officers and servants appointed or employed under or for the purposes of this Act;
IIfor regulating the form of contracts to be entered into with him, and generally for carrying into effect the purposes of this Act;
IIIfor determining, making, levying, and collecting the water rates to be paid in each water district, in respect of land liable to be rated under this Act;
IVfor fixing the terms and conditions upon which water will be supplied by the Corporation;
Vfor fixing or empowering the Minister or the Corporation to fix charges or fees (including minimum charges or fees)—
(a)for the supply of water by the Corporation; and
(b)for the provision of works or services by the Corporation; and
(c)for inspections made by the Corporation pursuant to this Act or at the request of an owner or occupier of land; and
(d)otherwise in relation to the administration of this or any other Act;
VAempowering the Minister or the Corporation to release a person from, or defer, the obligation to pay part or all of an amount due under this Act or under an agreement made under this Act;
VIfor determining the times at which any charge for water supplied under agreement shall be payable, whether in advance or otherwise;
VIIfor imposing an extra charge for water supply in places distant more than 15 metres from the main pipe;
VIIAprohibiting or regulating the connection of pipes, fittings, appliances or apparatus to the waterworks or the installation of pipes, fittings, appliances or apparatus to be connected to the waterworks;
VIIIfor regulating the—
(a)specifications, construction, number and position of pipes, fittings, appliances, and apparatus connected, or to be connected, to the waterworks;
(b)installation and inspection of pipes, fittings, appliances and apparatus connected, or to be connected, to the waterworks;
IXfor regulating the construction, disposition, and inspection of meters, and for requiring that, for the purpose of permitting the reading, maintenance, repair or replacement of meters, meters shall be kept free from obstruction;
Xfor regulating the quantity of water each consumer is in each year entitled to use in respect of his rates;
XIfor preventing the waste or misuse of water, or for providing for the better conservation, use or management of water, whether supplied by meter or otherwise;
XIIrequiring the owner or occupier of land to clean, maintain and repair pipes, fittings, appliances and apparatus on the land that are connected to the waterworks;
XIIAprohibiting or regulating the alteration of or interference with pipes, fittings, appliances or apparatus connected to the waterworks;
XIIIfor preventing unauthorised persons using, directly or indirectly, water supplied by the Corporation;
XVfor preventing persons from wilfully or negligently breaking, injuring, or from interfering with any pipe, lock, cock, valve, engine, work or other property belonging to the Corporation, and from doing any other wilful act whereby the water supplied by the Corporation may be wasted;
XVIfor regulating or preventing the sale or use of pipes, fittings, appliances or apparatus that are capable of being connected to the waterworks;
XVIIIfor fixing a scale of fees and expenses which may be recovered for the service of any notice or the levying of any distress by any bailiff or other person;
XIXfor fixing scales of costs and charges for the alteration of water services, levels of topstones, valve and fire plug chambers and cast iron meter boxes and the position of pillar hydrants and indicator posts, or other similar work, to conform to the surface levels of the roadworks;
XIXAfor the purpose of protecting the waterworks and, without limiting that power, prohibiting or regulating the planting of trees, shrubs or other plants on any land and requiring the removal or killing of trees, shrubs or other plants on any land;
XIXBproviding for liability for the costs of repairing damage caused to the waterworks by trees, shrubs or other plants;
XIXCempowering the Corporation or any other person or body to enter and inspect land or premises for any purpose related to the administration of this Act;
XIXDrequiring any person to provide information to the Minister, the Corporation or any other person in relation to the administration of this Act;
XXfor regulating, controlling or preventing the impairment of the quality of water supplied by the Corporation or that is within the waterworks.
(2)A regulation under this Act may confer on the Minister or the Corporation such powers, authorities or discretions as the Governor thinks fit.
(3)Charges or fees for the provision of works or services by the Corporation fixed under this section will not be invalid by reason of the fact that, in a particular case or class of cases, the charges or fees so fixed (or the aggregate of those charges or fees where more than one is payable in respect of the works or service) exceed the cost to the Corporation of providing the works or service.
(4)A regulation under this Act may prescribe specifications, standards or procedures by reference to specifications, standards or procedures published from time to time by a body or person named in the regulation.
(5)If a regulation empowers the Minister or the Corporation to prescribe specifications, standards or procedures, the Minister or the Corporation may prescribe those specifications, standards or procedures by reference to specifications, standards or procedures published from time to time by a body or person named by the Minister or the Corporation.
(6)The regulations may—
(a)impose a penalty not exceeding—
(i)$10 000 for contravention of, or failure to comply with, a regulation by a body corporate; and
(ii)$5 000 for contravention of, or failure to comply with, a regulation by a natural person; and
(b)fix an expiation fee not exceeding $315 for an alleged contravention of, or failure to comply with, a regulation.
(7)Where a person contravenes or fails to comply with a regulation the Minister may, by notice in writing, require him to desist from the contravention or remedy the default and if he fails to comply with the notice he shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars for every day for which that failure continues.
(8)Any by-law in force under this section immediately before the enactment of this subsection shall be deemed to be a regulation under this section and, unless revoked shall remain in force.
12—Power of Minister to do certain acts and execute certain works
(1)For the purpose of constructing, completing, extending, or maintaining any waterworks, or for supplying water to or in any water district, or for the purpose of making any examination or test of any land for the purpose of ascertaining whether that land is suitable for the construction thereon of any waterworks which are proposed to be constructed, or for any incidental purpose, or otherwise for the purpose of carrying out the provisions of this Act, the Minister may exercise any of the powers following, that is to say—
IHe may enter upon any lands and take levels of the same, and set out such parts thereof as he shall think necessary, and dig, break, and trench the soil of such lands, and remove or use all earth, stone, minerals, trees, or other things dug or obtained out of or from the same:
IIHe may enter upon, take, and hold, either temporarily or permanently, such lands as he may from time to time deem necessary for the construction, maintenance, repair, or improvement of any waterworks authorised or for the construction of which money is voted by Parliament, or for obtaining or enlarging the supply of water, or for improving the quality thereof, or otherwise for the purposes of this Act:
IIIHe may from time to time sink such wells or shafts, and make, maintain, alter, or discontinue such reservoirs, waterworks, cisterns, tanks, aqueducts, drains, cuts, sluices, pipes, culverts, engines, and other works, and erect such buildings upon the lands, streams, and watercourses authorised to be taken by him as he thinks proper for supplying the inhabitants of any water district with water:
IVHe may from time to time divert and impound the water from any streams or springs as he may think fit, and alter the courses of the same, and also take the water of such streams or springs and also such waters as may be found in, under, or on any lands so to be taken for the purposes of this Act:
VHe may enter upon any Crown or private lands, streets, roads, or thoroughfares, and lay or place therein any pipes, and may repair, alter, cut off, or remove the same, and may enter upon any such lands, streets, roads, or thoroughfares for the purpose of repairing any watercourses, pipes, or other works, being his property or under his control:
VIHe may enter upon any lands within a watershed and execute such works, make such tests, do such things and make such alterations to the said lands as are in his opinion necessary to reduce, eliminate or destroy any agencies, things or substances which in his opinion are likely to be conveyed to watercourses, streams, reservoirs or other waterworks and infest or impair the quality of any water therein.
(2)In the exercise of any of the powers conferred by this section the Minister shall inflict as little damage as may be, and in all cases, where he can conveniently do so, shall provide other watering-places, drains, and channels for the use of adjoining lands, in place of any taken away or interrupted by him, and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers.
(3)The Minister shall not be liable to make compensation in respect of any damage sustained by reason of the taking or diverting of water permanently or otherwise from any river, stream, or watercourse, unless a claim in writing is made in respect of such compensation within twelve months after any damage has been caused. In every case where the Minister cannot agree with the owner or claimant, the amount of compensation shall be ascertained, and the case, in other respects, shall be dealt with under the provisions of the Land Acquisition Act 1969.
(4)No park lands, or other lands under the control of any municipal corporation or district council shall be entered upon, taken, and held pursuant to this section, unless the consent in writing of the municipal corporation or district council having the control thereof is obtained.
13—Reversion of lands to councils
If from any cause whatever the occupation by the Corporation of any park lands or reserve for the purposes of this Act shall at any time cease, the care, control, and management of the park lands or reserve shall revert to the municipal corporation or district council from which the same shall have been taken.
14—Construction of accommodation works
(1)The Corporation shall construct and erect all works necessary for making good the interruption caused by the exercise of any of the said powers to the possession or enjoyment of any lands adjoining or near any part of the works or otherwise necessary for the accommodation of such lands.
(2)If any difference arises respecting the number, kind, size, dimensions, or sufficiency of any such accommodation works, or respecting the maintenance thereof, the same shall be determined by a court of summary jurisdiction. The court shall have jurisdiction to make such order as it deems just, but the court shall not have power to decide as to the liability of the Corporation to construct any accommodation works in cases where that liability is disputed.
15—Power to break up streets
The Corporation may—
(a)open and break up the soil and pavement of the several streets and bridges within or beyond the limits of any water district; and
(b)open and break up any sewers, drains, or tunnels, within or under such streets and bridges; and
(c)lay down and place within or beyond the limits of any water district, pipes, conduits, service-pipes, and other works and engines, and from time to time repair, alter, or remove the same; and
(d)for any of the purposes aforesaid, remove and use all earth and materials in and under such streets and bridges; and
(e)do all other acts which the Corporation shall from time to time deem necessary for supplying water to the inhabitants of any water district.
16—Notice before breaking up streets
Before the Corporation opens or breaks up any such street, bridge, sewer, drain, or tunnel, the Corporation must, except in cases of emergency arising from defects in any of the pipes or other works, give to the persons or authority under whose control or management the same may be, or to their clerk, surveyor, or other officer, notice in writing of the intention to open or break up the same, not less than twelve hours before beginning such work.
17—Reinstatement of streets
(1)When the Corporation opens or breaks up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, the Corporation shall, with all convenient speed, complete the work for which the same shall be broken up and fill in the ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby.
(2)The Corporation shall at all times whilst any such road or pavement is so open or broken up cause the same to be guarded, and shall cause a light sufficient for the warning of passengers to be set up and kept there for every night during which such road or pavement continues open or broken up.
(3)The Corporation shall, after replacing and making good the road or pavement which is broken up as aforesaid, keep the same in good repair for six months thereafter.
18—Delay in reinstating streets
If the Corporation—
(a)opens or breaks up any such street, bridge, sewer, drain, or tunnel, without giving such notice as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in cases in which the Corporation is authorised to perform such works without any notice; or
(b)makes any unnecessary delay in completing any such work, or in filling in the ground, or reinstating and making good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby; or
(c)neglects to cause the place where such road or pavement has been broken up to be guarded and lighted; or
(d)neglects to keep the road or pavement in repair for the space of six months next after the same is made good,
the Corporation shall forfeit to the authority or persons having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such default is made, a sum not exceeding five hundred dollars for every such offence, and an additional sum of fifty dollars for each day during which any such delay as aforesaid shall continue after the Corporation shall have received notice thereof.
19—Power of other persons to reinstate streets
If any such delay or omission as aforesaid takes place, the authority or persons having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such delay or omission takes place, may, upon giving notice in writing to the Corporation, cause to be executed the work so delayed or omitted, and the expense of executing the same shall be repaid by the Corporation to, and may be recovered by, such authority or persons.
20—Power to take temporary possession of land
(1)The Minister, and all persons by him authorised, may enter upon any lands, not being a garden, orchard, or plantation attached or belonging to a house, nor a park, planted walk, avenue, or ground ornamentally planted, and not being nearer to the house of the owner of any such lands than 100 metres therefrom, and may occupy the said lands so long as may be necessary for the construction or repair of any waterworks, and to use the same for any of the following purposes, that is to say:
IFor the purpose of taking earth or soil by side cuttings therefrom; or
IIFor the purpose of depositing soil thereon; or
IIIFor the purpose of obtaining materials therefrom, for the construction or repair of the waterworks; or
IVFor the purpose of forming roads thereon to, or from, or by the side of, the said works.
(2)In the exercise of the said powers the Minister, and all other persons employed therein, may—
(a)deposit and manufacture and work upon such lands, materials of every kind used in constructing or repairing the said works; and
(b)take from any such lands any timber, and dig and take from or out thereof any clay, stone, gravel, sand, or other things that may be found therein useful or proper for constructing or repairing the said works or any such roads as aforesaid; and
(c)for the purposes aforesaid, erect thereon workshops, sheds, and other buildings of a temporary nature.
(3)Nothing in this Act contained shall exempt the Minister from an action for nuisance or other injury (if any) done, in the exercise of the powers hereby conferred, to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid.
21—Duty of Corporation to separate lands before using them
If any such lands are used by the Corporation for any of the purposes aforesaid the Corporation shall, if required so to do by the owner or occupier thereof, separate the same by a sufficient fence from the lands adjoining thereto, with such gates as may be necessary for the convenient occupation of such lands, and, in case of any difference between the owners or occupiers of such lands and the Corporation as to the necessity for such fences and gates, then with such fences and gates as a court of summary jurisdiction may order for the purposes aforesaid.
22—Compensation for temporary occupation
In any of the cases aforesaid where the Minister takes temporary possession of lands by virtue of the powers herein granted, it shall be incumbent on him, within one month after his entry upon such lands, upon being required to do so, to pay to the occupier of the said lands the value of any crop that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of the Minister so taking possession of his lands. If there is any dispute as to the said value, the same shall be settled in the manner provided by the Land Acquisition Act 1969, for settling questions of compensation.
23—Vesting of waterworks etc in Corporation
The whole of the waterworks, and all lands, goods, materials, and things which form part thereof, shall be and be deemed to be the property of the Corporation, and shall be held and used by the Corporation for the purposes of this Act.
Part 4—Supply of water and protection of fittings and works
27—Free supply for public purposes within Port Adelaide
(1)The Corporation shall, unless prevented by unusual drought or other unavoidable cause or accident, or during necessary repairs, supply to the City of Port Adelaide Enfield, free of charge, sufficient water for watering the streets of the township of Port Adelaide, and also for the use of all lands and buildings situate within the said township and occupied and used by the council exclusively for public purposes.
(2)For the purposes of this section, the township of Port Adelaide will be that township as it existed in 1882.
(3)This section will expire on a day to be fixed by proclamation.
28—Duty of Corporation to fix public fireplugs in the mains
(1)The Corporation shall, within every water district, fix proper fireplugs in the main and other pipes belonging to the Corporation, at such distances and at such places as the Corporation may consider proper and convenient for the supply of water for extinguishing any fire which may break out within any such district.
(2)The Corporation shall from time to time renew and keep in effective order every such fireplug, and shall, so soon as any such fireplug is completed, deposit a key thereof at each fire-reel station within such district.
(3)The cost of such fireplugs and the expenses of fixing and maintaining the same in repair (except in the Adelaide water district) shall be defrayed by the council of the municipality or district within the boundaries of which the plugs are fixed.
29—Fireplugs for manufactories etc
The Corporation may, at the request and expense of the owner or occupier of any manufactory or other premises situated in or near any street in which, or within 100 metres of which, there is a pipe of the Corporation, place as near as conveniently may be to such manufactory or premises, and maintain in effective order a fireplug to be used only for extinguishing fires. The Corporation shall supply a key of every such fireplug to the said owner or occupier, but the fireplug shall not be opened or used by him except for the purpose of aiding in extinguishing fires within the water district.
30—Duty to keep pipes charged
The Corporation shall at all times, unless prevented by drought or other unavoidable cause or accident, or during necessary repairs, keep charged with water all the Corporation's pipes to which fireplugs are fixed, and shall allow all persons at all times to take and use such water for the purpose only of extinguishing fire within the water district.
31—Duty to distribute constant supply of water
(1)The Corporation shall, in each water district, unless prevented by unusual drought or other unavoidable cause or accident, distribute, to all persons entitled thereto under this Act, a constant supply of water in the manner prescribed by this Act.
(2)The Corporation shall not be liable to supply water to any person in any street within the water district until after a main pipe has been laid down in such street.
31A—Power to use water for any district
The Corporation may use water stored in any waterworks in any water district for the supply of water in that or any other water district.
32—Power to cut off water supply from unoccupied land
The Corporation may cut off the water supply from any land when the same has remained unoccupied for three months, and whenever the land is occupied the water supply shall, on demand made in writing by the owner or occupier thereof, be restored upon payment of the cost of such cutting off and restoration. Cutting off the water shall not relieve the owner or occupier of any such land from any liability to pay water rates in respect thereof.
33—Power to lessen or discontinue supply
Whenever the quantity of water available for supply under this Act has been, or is likely to be, diminished so as to render it necessary or expedient in the opinion of the Corporation to lessen the quantity of water supplied, the Corporation may, with the approval of the Minister, and after giving public notice of the intention so to do—
(a)lessen the supply of water throughout the whole or any part of any water district, to such extent, for such time, and in such manner as the Corporation shall think proper; or
(b)lessen the supply to any particular class or classes of consumers supplied under agreement; or
(c)for such time as the Corporation shall think proper, discontinue the supply for any particular purpose.
33A—Restrictions on the use of water
(1)Subject to this section, the Corporation may, with the approval of the Minister by notice published in the Gazette, do one or more of the following:
(a)prohibit the use of water for a specified purpose or purposes, or restrict or regulate the purposes for which water can be used;
(b)prohibit the use of water in a specified manner or by specified means, or restrict or regulate the manner in which, or the means by which, water may be used;
(c)prohibit specified uses of water during specified periods, or restrict or regulate the times at which water may be used.
(1a)However, the Corporation may only act under subsection (1) if the Corporation has determined to take action because it is of the opinion that water available under this Act is insufficient, or is likely in the future to be insufficient, to meet demand, or the Corporation is of the opinion that other circumstances exist to justify the implementation of measures under this section to provide for the conservation or efficient use or management of water.
(1b)A notice under subsection (1) may provide that a specified activity involving the use of water cannot occur except under the authority of a permit issued by the Corporation in accordance with the regulations.
(2)The Corporation may, with the approval of the Minister by subsequent notice published in the Gazette, vary or revoke a notice referred to in subsection (1).
(3)A person who contravenes or fails to comply with a notice referred to in subsection (1) is guilty of an offence.
Maximum penalty:
(a)where the offender is a body corporate—$10 000;
(b)where the offender is a natural person—$5 000.
Expiation fee: $315.
34—Supply to groups of houses
(1)Whenever it appears to the Corporation that a constant supply of water can be effectually and more economically provided for any group or number of dwelling-houses situate in a court, passage, lane, or alley, within the water district, by means of a standpipe or other fitting fixed outside such dwelling-houses, the Corporation may provide, erect, and fix in readiness for use by the owners or occupiers of such group or number of dwelling-houses, and shall renew or repair, a standpipe, or other fittings, and shall afford and distribute by means thereof a constant supply of water to the owners or occupiers of such group or number of dwelling-houses.
(2)The said owners or occupiers, but not any other person, shall be entitled to take, consume, and use in the said group, or number of dwellinghouses, but not elsewhere, such constant supply; and the Corporation shall be entitled to receive and recover from such owners or occupiers water rates, in the same manner and to the same amount as if water had been supplied to each of such dwelling-houses in the ordinary manner provided by this Act.
(3)The expense of providing, erecting, and fixing in readiness for use such standpipe or other fittings, and of renewing or repairing the same from time to time, shall be borne by the owner of such group or number of dwelling-houses, or, if they belong to more than one owner, then by the respective owners thereof, in such proportions as the Corporation shall determine and by notice require.
35—Supply of water
(1)Save in the cases provided for by section 34 of this Act, where the Corporation receives from the owner or occupier of land a written request for the supply of water in respect of the land the Corporation—
(a)where the land is adjacent land, shall upon payment of the fee fixed by or under this Act provide and lay down a direct service for the supply of water in respect of the land; and
(b)in any other case, may upon payment of the fee fixed by or under this Act, provide a supply of water to a point determined by the Corporation, from which the land may receive a supply of water.
(1a)The Corporation—
(a)may, upon payment of the fee fixed by or under this Act, provide and lay down additional services to land where the Corporation has been requested to do so by the owner or occupier of the land; or
(b)may, without being requested to do so by the owner or occupier of land, provide and lay down additional services to the land so that the number of services to that land will comply with the prescribed ratio.
(1b)The Corporation's costs in providing and laying down a service pursuant to subsection (1a)(b) shall be paid by the owner or occupier of the land concerned.
(1c)The Minister may, after consultation with the Corporation, by notice in the Gazette, fix an annual charge payable by the owner or occupier of land in respect of additional services provided to land and may, by subsequent notice in the Gazette, vary or revoke a notice published under this subsection.
(2)Where pursuant to subsection (1) of this section the Corporation has provided a supply of water, in respect of any land, to a point determined by the Corporation, the owner or occupier of the land shall where necessary at his own cost and expense lay a pipe to the satisfaction of the Corporation from that point to the land in respect of which the supply is so provided.
35A—Reduction in water supply to cope with demand
(1)To ensure that the Corporation is able to supply water to all consumers during periods of greatest demand, the Corporation may serve notice under this section on the owner or occupier of land that is connected to the waterworks.
(2)The notice may direct the owner or occupier—
(a)to install (at his or her expense) a flow reducing device of the kind specified in the notice at the point specified in the notice to enable the flow in the pipes on the land that are connected to the waterworks to be reduced; and
(b)to use the device to reduce flow in those pipes during the periods specified in the notice.
(3)The notice must specify a reasonable period for compliance with the requirements of the notice referred to in subsection (2)(a).
(4)A person who fails to comply with a notice under this section is guilty of an offence.
Maximum penalty:
(a)where the offender is a body corporate—$10 000;
(b)where the offender is a natural person—$5 000.
Expiation fee: $315.
(5)If a person on whom a notice has been served fails to comply with the notice, the Corporation may install a flow reducing device to reduce the flow in the pipes on the land concerned notwithstanding that this reduction in flow will operate continuously instead of during the periods specified in the notice.
(6)The Corporation's costs in acting under subsection (5) are a debt due to the Corporation by the person on whom the notice was served.
36—Power to erect stand pipes and sell water
The Corporation may erect standpipes at any place within or beyond the limits of any water district, and may, from any standpipe or from any hydrant, sell water by measure to any persons, at such price, at such times, and upon such conditions as the Corporation thinks fit.
37—Power to make agreement to supply water by measure
(1)The Corporation may, instead of levying water rates upon any land in pursuance of this Act, enter into an agreement with the owner or occupier of the land to supply him upon that land with water by measure at such rates, upon such terms, and subject to such conditions, as may from time to time be determined by the Corporation.
(2)The Corporation and every other party to each such agreement shall be deemed to have entered into the agreement subject to the provisions of this Act. The owner or occupier of the said land, and every subsequent owner and occupier thereof, shall hold or occupy the same subject to such agreement, and be bound by the same agreement as if parties thereto.
(3)The land to which water shall be supplied to the owner thereof under any such agreement shall be charged with the moneys from time to time due to the Corporation for water so supplied, and such moneys shall be deemed to be and shall be recoverable as water rates.
(4)In any legal proceedings an apparently genuine document purporting to be signed by or on behalf of the Corporation and stating that a quantity of water specified in the document has been supplied in pursuance of an agreement under this section shall be deemed, in the absence of proof to the contrary, to be proof of the fact that that quantity of water has in fact been supplied in pursuance of an agreement with the person named in the document.
38—Prohibition against laying gaspipes and tramrails
No person shall lay any gaspipe in any trench with, or close alongside, any main pipe of the Corporation, nor lay any tramrail along the line of and immediately above a main pipe without the consent of the Corporation. If any person without such consent, so lays any such gaspipe or tramrail and refuses to remove the same when required by the Minister so to do, he shall be liable to a penalty not exceeding five hundred dollars and a further penalty of fifty dollars for each day (if more than one) that the offence continues.
39—Power of Corporation to let meters etc
(1)The Corporation may let for hire, to any consumer of water supplied under agreement, any meter or instrument for measuring the quantity of water supplied and consumed, and any pipes, fittings and apparatus for the conveyance, reception, or storage of the water, for such remuneration in money and upon such terms as may be agreed upon between the Corporation and the consumer, and all money due in respect of such hiring shall be recoverable in the same manner as rates due to the Corporation for water.
(2)The said meters, instruments, pipes, fittings and apparatus shall not be attached, or taken in execution under any process of any court of law, or under or in pursuance of any order in insolvency, or other legal proceedings against or affecting the consumer of the water or other person in whose possession the meters, pipes, instruments, fittings or apparatus may be.
40—Fixing, repairing, or interfering with meter
No other person than the Corporation shall provide any meter for the supply of water under this Act, and no other person than the Corporation, or the person authorised by the Corporation, shall fix, refix, open, remove, alter, repair, or interfere with any such meter.
41—Power to charge use of meter
(1)The Minister may, after consultation with the Corporation, by notice published in the Government Gazette, prescribe an annual fee to be paid for the use of meters for measuring the supply of water under this Act, in all cases, or in such class or classes of cases as are specified in such notice: and such fees shall be payable accordingly.
(2)Any notice published under this section at any time during the currency of the period of twelve months ending on the thirtieth day of June, in any year, may fix the annual fee to be paid for the use of meters during the whole of that period.
42—Procedure on failure of meter
If at any time the Corporation has reason to believe that any meter connected to the waterworks for the purpose of measuring water supplied to land is not correctly indicating, or has not correctly indicated, the quantity of water supplied to such land during any particular period, the Corporation may assess the amount of water supplied during that period at an amount not exceeding the fair average amount of water supplied in respect of the said or any similar land during any previous periods and any liability for the payment of rates, or of any amount in pursuance of an agreement, shall be determined as if that amount of water had been actually supplied.
43—Interfering with or by-passing meter
(1)Where the Corporation is unable to determine the quantity of water that the Corporation has supplied to any land because—
(a)the meter installed for measuring that water has been removed; or
(b)the water, or part of the water, has been supplied by means of a pipe that by-passes the meter; or
(c)the meter has been altered, interfered with or damaged,
the person who removed, altered, interfered with or damaged the meter or who installed a pipe by-passing the meter and the owner and occupier of the land so supplied with water shall be guilty of an offence.
Maximum penalty:
(a)where the offender is a body corporate—$10 000;
(b)where the offender is a natural person—$5 000.
Expiation fee: $315.
(2)It shall be a defence to a prosecution for an offence under subsection (1) for the defendant to prove—
(a)that the person who removed, altered, interfered with or damaged the meter or who installed a pipe by-passing the meter did so with the authority of the Corporation;
(b)in the case of a defendant who is the owner or occupier of the land concerned—
(i)that he did not know and had no reason to suspect that the commission of an offence under subsection (1) had occurred or was likely; or
(ii)that immediately after he first became aware or suspected that an offence under subsection (1) had occurred or was likely he informed the Corporation in writing of that fact.
(3)A person convicted of an offence under subsection (1) is liable to pay to the Corporation the costs arising from the offence in replacing the meter, removing a pipe by-passing the meter or repairing or reinstating the meter to its original condition.
44—Duty of consumer to keep pipes and fittings within his premises in repair
Every person supplied with water by the Corporation shall keep such part of the communication pipe, and the stopcock, drains, and other works and fittings as shall be within his own premises, in good repair, so as effectually to prevent the water from running to waste, or the collection therein of unwholesome matter. In case any person neglects to keep the same in good repair, the Corporation may, with the approval of the Minister, cut off the pipe, or turn off the water from the premises of such person, until such stopcock or other works or fittings shall be provided or repaired, as the case may require.
45—Alteration etc to pipes, fittings etc
(1)The owner or occupier of any land supplied with water by the Corporation, or any consumer of water of the Corporation, or any other person, shall not affix, or cause or permit to be affixed, any pipe, fitting, or apparatus to a pipe belonging to or used by such owner or occupier, consumer, or any other person, or make any addition to or alteration in any such communication or service pipe, fitting, or apparatus connected therewith, without the consent, in every such case, of the Corporation.
(2)If any person acts in any respect in contravention of the provisions of this section, he shall, for every such offence, be liable to a penalty not exceeding one thousand dollars, without prejudice to the right of the Corporation to recover damages from him in respect of any injury done to property of the Corporation, and without prejudice to the Corporation's right to recover from him the value of any water wasted or misused.
46—Use of fittings
(1)No person shall use or place in or upon, or affix or attach to, or permit to be used or placed in or upon or affixed or attached to, any lands supplied or to be supplied with water under this Act, for the purpose or with the intent of thereby using, taking, conveying, or delivering such water, any bath, watercloset, soilpan, receptacle fitting, appliance or apparatus other than in accordance with this Act or as permitted by the Corporation.
(2)Any person who does or permits any act in contravention of this section shall be liable to a penalty not exceeding one thousand dollars for each offence.
47—Powers of entry and inspection
(1)A person authorised by the Corporation may, at all reasonable times, enter upon any land, to which water is supplied by the Corporation under agreement or otherwise and into any building or structure upon the land, for the purpose of examining and ascertaining, and may examine and ascertain, whether there has been or is any waste, misuse, fouling, or contamination of such water, and what quantity of water has been consumed there, and whether all baths, waterclosets, soilpans, receptacles, fittings, appliances and apparatus, and the materials and mode of arrangement thereof, used or intended to be used on the land or in the building or structure for the purpose of conveying, delivering, or receiving water supplied, or about to be supplied, by the Corporation are in every respect in accordance with this Act, and are in proper order and repair, and that they are used only for the purposes for which they may be lawfully used under this Act.
(2)If on such examination, any bath, watercloset, soilpan, receptacle, fitting, appliance or apparatus is found to be out of proper order or repair, or the mode of arrangement thereof is not in accordance with this Act, the Corporation may, without prejudice to any other power or remedy which the Corporation may have under this Act, give notice to the occupier or owner of such land, building or structure to repair or alter the same.
(3)If any such occupier or owner fails or neglects to comply with such notice, or if a person authorised by the Corporation is at any reasonable time refused admission upon land or into a building or structure on the land, when such admission is claimed for any of the purposes mentioned in this section, or is obstructed in or hindered from doing all or any of the acts by this section authorised to be done, the Corporation may, with the approval of the Minister, cut off the water from such land, and shall not be bound to supply water thereto again except at such times and upon such conditions (including payment of the expenses of cutting off and restoring such water) as the Corporation thinks proper to prescribe, but the owner or occupier of such land shall, nevertheless, continue liable to pay water rates as theretofore.
48—Exemption of pipes and fittings from distress
No pipe or fitting attached to or connected with any of the pipes of the Corporation shall be seized or taken in execution by process of law or under distress for rent.
49—Unauthorised fittings
Any person, being an owner or occupier of land supplied with water under this Act who—
(a)for the purpose of taking in a manner not authorised by this Act any such water, uses in or places on, or affixes or attaches to, such land, or to any prescribed fitting, or wilfully permits to be used in or placed on, or affixed or attached to such land, or to any fitting, any instrument or thing not authorised in that behalf by the Corporation; or
(b)alters, misuses, injures, or removes any prescribed fitting, except for the purpose of necessary repairs,
shall be liable to a penalty not exceeding one thousand dollars, without prejudice to the right of the Corporation to recover from him damages in respect of any injury by such owner or occupier done or wilfully permitted to be done to the Corporation's property, and without prejudice to the Corporation's right to recover from him the value of any water wasted, misused, or unduly consumed.
50—Penalty for breaking fittings
Every person who, not being authorised thereto by the Corporation—
(a)wilfully or carelessly breaks, injures, or opens, or wilfully permits to be broken, injured, or opened, any lock, cock, valve, pipe, or other fitting, or any work or engine belonging to the Corporation; or
(b)flushes, or draws off the water from the reservoirs or other works of the Corporation; or
(c)does any other wilful act, or wilfully permits to be done any act whereby such water shall be wasted,
shall be liable to a penalty not exceeding one thousand dollars and in addition shall be liable to pay to the Corporation the amount of damage to which the Corporation may be put in respect thereof, as well for the value of the water wasted as in repairing such fittings or other parts of the works, and the amount of such damage shall be ascertained, determined, and recovered in the same manner as such penalty and may be recovered and ordered to be paid by the court imposing such penalty in the same proceedings.
51—Duty to give notice before paving street etc
(1)Before beginning—
(a)to first lay the pavement or hard surface in any street; or
(b)to relay the pavement or hard surface in any street; or
(c)to widen or extend the pavement or hard surface in any street; or
(d)to alter the level of any street; or
(e)to construct or alter any footpaths, gutters, kerbing or water tables in any street; or
(f)to construct or alter any drainage work in any street,
in which there is a water main, water service or waterwork which is the property of the Corporation, the person authorised or intending so to do shall give to the Corporation fourteen days' notice thereof in writing giving details of the work to be carried out, including the nature and thickness of the pavement or hard surface proposed to be made or laid thereon, or of the other work proposed to be done as the case may be.
(2)The Corporation shall within fourteen days after receiving such notice advise the person who gave the same of any new water main, water service or waterworks proposed in the said street or of any resultant interference with existing water mains, water services or waterworks.
(3)Should any work referred to in subsection (1) of this section involve any alteration to any water main, water service or waterworks being the property of the Corporation the person doing such work shall, subject to the provisions of subsection (6) of this section, pay to the Corporation one half the actual cost of such alteration and of any damage resultant upon such work: Provided that in respect of any alteration for which a cost or charge is specifically provided by regulation such cost or charge shall be deemed to be the actual cost thereof.
(4)If information in accordance with subsection (1) of this section has not been supplied the person carrying out the work shall pay the actual cost of the alterations to the water main, water service or waterworks the property of the Corporation, and of all damage resultant upon the work: Provided that in respect of any alteration for which a cost or charge is specifically provided by regulation such cost or charge shall be deemed to be the actual cost thereof.
(5)Should the alterations to the water main, water service or waterworks the property of the Corporation be of such a nature as to involve expense which in the opinion of the Corporation will be excessive, then the Corporation may confer with the person authorised to do such work to determine whether any variations to the work proposed under subsection (1) of this section would be advantageous to the parties.
(6)Should any work referred to in subsection (1) of this section involve any alteration to any water main, water service or waterworks being the property of the Corporation and the Corporation is of the opinion that any water main, water service or waterworks involved in or affected by such alteration should be replaced or enlarged, the cost of all materials requisite for such replacement or enlargement shall be borne by the Corporation, but all other costs and charges shall be payable in accordance with this section.
52—Penalty for contravention of Act
If any person supplied with water by the Corporation wrongfully does, or causes or permits to be done, anything in contravention of any of the provisions of this Act, or fails to do anything which, under any of those provisions, ought to be done for the prevention of the waste, misuse, or contamination of the water of the Corporation, he shall be liable to a penalty not exceeding two thousand dollars.
53—Penalty for wasting water etc
If any person supplied with water by the Corporation wastes any water, or wilfully or negligently causes or suffers any pipe, valve, cock, cistern, bath, soilpan, watercloset, tank, vessel or other apparatus, or appliance or receptacle, to be out of repair, or to be so used or contrived that the water supplied to him by the Corporation is, or is likely to be, wasted, misused, or contaminated, or so as to occasion or allow the return of foul air, or other noisome or impure matter, into any pipe belonging to or connected with the pipes of the Corporation, he shall for every such offence be liable to a penalty not exceeding one thousand dollars.
54—Power to cut off or reduce water supply
(1)If any person supplied with water by the Corporation, under agreement or otherwise, fails to pay on demand any water rates, or other moneys due by him to the Corporation, or due in respect of the land occupied by such person, or in the opinion of the Corporation commits a breach of any of the provisions of this Act, the Corporation may, without prejudice to any other of the Corporation's rights, powers, or remedies, cut off or reduce the supply of water to such person, and refuse to restore the same until all water rates and other moneys so due, and all penalties which have been inflicted, together with the expenses of cutting off or reducing and restoring such water, have been paid.
(2)The Corporation must obtain the approval of the Minister before cutting off a supply of water under subsection (1).
55—Unlawfully taking water
If any person, not being supplied with water by the Corporation, wrongfully takes or uses any water from any reservoir, watercourse, conduit, or pipe, belonging to the Corporation, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to the Corporation, or supplied by the Corporation for the use of any consumer, he shall be liable to a penalty not exceeding one thousand dollars.
56—Pollution of streams etc
A person shall not—
(a)bathe; or
(b)throw, convey or suffer or permit to be thrown or conveyed any rubbish, dirt, filth or other noisome thing; or
(c)wash or clean any cloth, wool, leather or skin of any animal or any clothes or other things,
in any stream or watercourse within a watershed or in any waterworks wherever situated.
Maximum penalty: Two thousand dollars.
57—Allowing contaminated water to flow into streams
If any person causes the water from any sink, sewer or drain or water from any steam, diesel or other engine, or water otherwise contaminated or any domestic, industrial or agricultural liquid or material of any kind belonging to him, or under his control to run, or be brought into any stream or watercourse within a watershed or into any waterworks wherever situated he shall be liable to a penalty not exceeding two thousand dollars.
58—Reduction and prevention of the pollution of water
(1)If the Minister is satisfied that any action or the discontinuance of any action by the owner or occupier of any land within a watershed is necessary or desirable for the purpose of reducing, limiting or preventing the fouling or pollution of any water within a watershed, he may issue a notice to that owner or occupier directing him to take or discontinue any action specified in the notice within the time specified in the notice.
(2)If an owner or occupier served with a notice pursuant to this section fails fully to execute the directions specified therein within the time specified in the notice the Minister may enter the land and do the work specified in the notice, and may recover the cost of such work from the owner or occupier as a debt due to the Minister.
(3)Any owner or occupier served with a notice pursuant to this section who fails fully to comply with the directions specified in the notice within the time specified in the notice shall be guilty of an offence and liable to a penalty not exceeding five hundred dollars and a further penalty of fifty dollars for each day on which the offence is continued.
59—Waste material from gasworks
Every person making or supplying gas within the limits of a water district, who at any time causes or suffers to be brought or to flow into any stream, reservoir, aqueduct, or waterworks belonging to the Corporation, or into any drain, communicating therewith, any washing or other substance which is produced in making or supplying gas, or who wilfully does any act, connected with the making or supplying of gas, whereby the water in any such stream, reservoir, aqueduct, or other waterworks is fouled, or the pipes or conduits thereof injured, shall forfeit to the Corporation the sum of two thousand dollars, to be recovered with full costs in the Supreme Court for each day during which such washing or other substance is brought or flows as aforesaid, or during which the act continues by which such water is fouled, after the expiration in either case of twenty-four hours from the time when notice of offence has been served on such person by the Corporation.
60—Pollution caused by gasmaker
If the water supplied by the Corporation is fouled by the gas of any person making or supplying gas within any water district, such person shall be liable to a penalty not exceeding two thousand dollars.
61—Power to examine gaspipes to ascertain cause of water being fouled
(1)For the purpose of ascertaining whether the water of the Corporation is fouled by the gas of any person making or supplying gas within any water district, the Corporation may dig up the ground and examine the pipes, conduits, and works of the persons making or supplying gas.
(2)At least twenty-four hours before proceeding so to dig and examine, the Corporation shall give notice in writing to the person so making or supplying gas of the time at which the digging and examining is intended to take place, and shall give the like notice to the persons having the control or management of the roads, pavements, or place where such digging shall take place.
(3)The Corporation shall be subject to the like obligation of reinstating the road, pavement, or place, and to the same penalties for delay or any non-feasance or misfeasance therein, as hereinbefore provided with respect to roads and pavements broken up by the Corporation for laying pipes.
(4)If upon such examination it appears that such water has been fouled by any gas belonging to such person, the expenses of the digging, examination, and repairs of the road, pavement, or place disturbed in any such examination shall be paid by the person making or supplying gas, but if upon such examination it appears that the water has not been fouled by the gas of such person, then the Corporation shall pay all the expenses of the examination and repair, and also make good to the said person any injury which may be occasioned to the Corporation's works by such examination.
62—Injury to or obstruction of works
Every person who—
(a)wilfully obstructs any person acting under the authority of the Corporation in setting out the line of any works undertaken under the authority of this Act; or
(b)pulls up or removes any poles or stakes driven into the ground for the purpose of setting out the line of such works; or
(c)destroys or injures any works so undertaken as aforesaid,
shall be liable to a penalty not exceeding five hundred dollars.
63—Penalty for illegally diverting water
(1)After any stream or supply of water has been diverted, impounded, or taken by the Corporation, under the authority of this Act, every person who illegally, or without authority of the Corporation, diverts or takes any water supplying or flowing into the stream or source of supply so diverted, impounded, or taken by the Corporation, or who does any unlawful act whereby any such stream or supply of water may be diverted or diminished in quantity, or injured in quality or purity, and who does not immediately repair the injury done by him, on being required by the Corporation, so as to restore such stream or supply of water to the state in which it was before such unlawful act, shall be guilty of an offence.
Maximum penalty: One thousand dollars.
(2)Any such penalty shall be in addition to the sum which such person may be lawfully adjudged to pay to the Corporation for any damage which the Corporation may sustain by reason of the Corporation's supply of water being diminished.
(3)The imposition of any such penalty shall not bar the right of the Corporation to bring any action or any other remedy at law in respect of the damage so committed.
64—Penalty for destroying works
Any person who unlawfully and maliciously destroys or damages or attempts to destroy or damage, any reservoir, dam, tank, tunnel, watercourse, sluice, main-pipe, aqueduct, bridge, roadway, or engine, or other part whatever of the works of the Corporation, shall be guilty of an offence, and shall be liable to be imprisoned for any term not exceeding ten years.
65—Entry onto land of the Corporation
(1)A person who enters onto, or remains on, land owned or occupied by the Corporation or that is under the care, control and management of the Corporation without being authorised to do so by the Corporation is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $315.
(2)Without limiting the manner in which the Corporation may authorise a person to enter and remain on land, the Corporation may authorise members of the public to enter and remain on its land by notice published in the Gazette.
(3)A notice referred to in subsection (2) may be varied or revoked by the Corporation by subsequent notice published in the Gazette.
(4)An authorisation under this section is subject to conditions imposed—
(a)by this section; or
(b)by regulation; or
(c)by including them in a notice published in the Gazette under subsection (2) or in any other form of authorisation given by the Corporation; or
(d)by direction of a person under subsection (5); or
(e)by two or more of those methods.
(5)A person acting with the authority of the Corporation (whether an employee of the Corporation or not) may give directions to persons on, or about to enter, land referred to in subsection (1) in relation to their entry, or their right to remain on, the land.
(6)A direction given to a person under subsection (5) is a condition of that person's authorisation to enter and remain on the land.
(7)It is a condition of an authorisation under this section (except in the case of a person who has been exempted from this condition by the Corporation) that a person who is on land referred to in subsection (1)—
(a)must carry with him or her identification that shows his or her name and his or her current residential address; and
(b)must present the identification to a person who is entitled to give directions under subsection (5) when requested to do so.
(8)A person must not give directions under subsection (5) or make a request under subsection (7)(b) unless he or she—
(a)carries identification issued by the Corporation that states that he or she is authorised to act under this section; and
(b)presents, or makes a genuine attempt to present, the identification to a person for inspection when giving a direction to the person under subsection (5) or when requesting to see the person's identification under subsection (7).
(9)A person who contravenes or fails to comply with a condition to which an authorisation is subject is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $315.
Part 5—Rates
Division 1—Rates
65A—Interpretation
(1)In this Division, unless the contrary intention appears—
commercial land means ratable land that is not situated in a country lands water district and—
(a)that, in the opinion of the Minister, is used primarily for a commercial purpose; or
(b)that is not used for any purpose but was last used, in the opinion of the Minister, primarily for a commercial purpose;
commercial purpose in relation to the use of land means use of the land for one or more of the following purposes:
(a)wholesale trade in goods;
(b)retail trade in goods;
(c)the provision of a service of any kind,
but does not include a purpose excluded from this definition by regulation;
country land means ratable land situated in a country lands water district;
non-commercial land means country land, residential land and all other ratable land except commercial land;
residential building means a building that, in the opinion of the Minister, is used primarily for residential purposes but does not include a hotel, motel, boarding house or hostel;
residential land means ratable land that is not situated in a country lands water district and on which a residential building is situated but does not include land—
(a)on which a hotel, motel, boarding house or hostel is also situated; or
(b)that, in the opinion of the Minister, is used primarily for a commercial purpose;
water rates are the charges and rates under section 65B, as declared or fixed under this Division.
(3)The provision of goods or a facility of any kind for the temporary use of a person will be taken, for the purposes of the definition of commercial purpose, to be the provision of a service to that person.
65B—Composition of rates
(1)Rates are made up of—
(a)a supply charge which is payable for the right to a supply of water to the land by the Corporation; and
(b)a water use charge or charges based on the volume of water supplied to the land; and
(c)the Save the River Murray levy.
(2)The supply charge is payable in respect of land notwithstanding that the land is not connected to the waterworks or that the Corporation has lessened, discontinued or cut off the supply of water to the land under this Act.
(3)The supply charge in respect of commercial land is the greater of—
(a)the minimum supply charge fixed by the Minister in respect of that land;
(b)an amount determined by applying a rate fixed by the Minister in respect of that land to the capital value of the land.
(4)The supply charge in respect of non-commercial land and any water use charge (which may be expressed as a rate per volume of water supplied per specified period or periods) in respect of both commercial and non-commercial land will be fixed by the Minister.
65C—Declaration of rates etc by Minister
(1)The Minister may, after consultation with the Corporation, by notice in the Gazette, fix—
(a)the supply charge in respect of non-commercial land;
(b)the minimum supply charge in respect of commercial land;
(c)the rate to be applied to the capital value of commercial land in order to determine the supply charge in respect of that land;
(d)the water use charge or charges in respect of water supplied to land.
(2)A notice under subsection (1)—
(a)may fix different charges or rates under subsection (1)(a), (b), (c), or (d) in relation to different classes of land;
(b)may, in relation to all land or to a particular class of land, fix a series of water use charges that vary according to the volume of water supplied to the land over a specified period or periods;
(c)will have effect in relation to a financial year specified in the notice.
(3)Land may be classified for the purposes of subsection (2) by reference to one, or to a combination of two or more, of the following factors—
(a)whether the land is commercial, country or residential land or any other kind of land;
(b)the part of the State in which the land is situated;
(c)any other factor or factors.
65CAA—Related principles
(1)In providing for the declaration, imposition and recovery of water rates, the following principles will apply:
(a)subject to paragraph (b), water rates will be fixed by the Minister before the commencement of a financial year in relation to which the rates are to apply, and that if rates are not fixed with respect to a financial year before 1 June in any particular year then the rates will remain the same and apply with respect to the immediately succeeding financial year;
(b)the Minister may fix the minimum supply charge in respect of commercial land under section 65C(1)(b) or the rate to be applied to the capital value of land under section 65C(1)(c) at any time up to (and including) 31 July in the financial year in relation to which the charges and rates are to apply;
(c)a period used for the purposes of fixing a water use charge may be any period of between 1 day and 12 months (being, in the case of 12 months, a period constituting a financial year but not so as to derogate from the operation of a succeeding paragraph);
(d)water use charges may, depending on when meters are read and the form or nature of the relevant rate or rates, be charged and recovered on a pro rata basis according to—
(6)The applicant must pay the reasonable costs of the Corporation for—
(a)designing the work; and
(b)providing the necessary plans and specifications; and
(c)connecting the work to the waterworks; and
(d)supervising and inspecting the work,
but the applicant is not liable, subject to section 109B for any other charge or fee under this Act in respect of the work.
109B—Capital contribution where capacity of waterworks increased
(1)Where the Minister has decided to increase the capacity of the waterworks to cater for future demand for the supply of water in a particular area and—
(a)the decision was made in response to an application for development authorisation for the division of land in that area; or
(b)the decision was made in response to such an application or for any other reason and a person applies for development authorisation for the division of land in that area at any time after the Minister made the decision,
the applicant is liable to make a contribution to the Minister towards the cost of increasing the capacity of the waterworks.
(2)The amount of the contribution is an amount equivalent to that part of the cost of increasing the capacity of the waterworks that should, in the Minister's opinion, be attributed to the additional demand for the supply of water resulting from the division.
(3)If a proposed division of land does not proceed because—
(a)the application for development authorisation lapses or is withdrawn; or
(b)development authorisation for the division is refused or is subject to conditions that are unacceptable to the applicant,
any contribution paid to the Minister under this section must be refunded by the Minister.
(4)In this section—
cost of increasing the capacity of the waterworks means the estimated cost, or if the required work has been completed, the actual cost of the increase;
development authorisation means a development authorisation within the meaning of the Development Act 1993 and includes a planning authorisation within the meaning of the Planning Act 1982 and a certificate of approval issued under Part 2 Division 5 of the Strata Titles Act 1988;
division of land means division under Part 19AB of the Real Property Act 1886 or by community plan under the Community Titles Act 1996 or by strata plan under the Community Titles Act 1996 or the Strata Titles Act 1988.
111—Time for commencement of prosecutions
Proceedings for an offence against this Act must be commenced within two years of the date of the alleged offence.
112—Register of meters to be prima facie evidence
The register of every meter provided by the Corporation, or a copy thereof, certified to be true by the Corporation, shall be prima facie evidence of the quantity of water consumed.
112A—Certificate of Corporation
(1)In any proceedings for the recovery of water rates payable under this Act, a certificate of the Corporation to the effect that on and from a day specified in the certificate the Corporation was prepared to supply water by means of a direct service to land specified in the certificate, shall be conclusive evidence of the facts set out in the certificate.
(2)In any proceedings referred to in subsection (1) of this section a document purporting to be a certificate referred to in subsection (1) of this section shall in the absence of proof to the contrary be deemed to be such a certificate.
113—Persons liable to penalties
Every penalty imposed by this Act may be proceeded for and enforced either against the person actually in breach of this Act or the person in whose employment he is, or on whose behalf he is acting.
116—Tender of amends
If any person commits any irregularity, trespass, or other wrongful proceeding in execution of this Act, or omits to do anything which in pursuance of this Act, or by virtue of any power or authority hereby given, he ought to do, and makes tender to the person injured, his solicitor or agent, of such amends as, in the opinion of the court at the trial were sufficient, such last-mentioned person shall not recover in any such action.
118—Gazette to be evidence in certain cases
The production of the Government Gazette containing any notice purporting to be published by the Minister or the Corporation in pursuance of this Act, shall in every court of justice be deemed and taken to be prima facie evidence of the publication, and of all such facts and circumstances as were or shall be necessary to authorise the publication of any such notice.
119—Evidence
In all proceedings for the recovery of rates or other charges, the allegation by the Corporation that a person is the owner or occupier of any particular quantity of land liable to be rated, and of the amount of rates or other charges due in respect thereof, shall be prima facie evidence of the fact.
119A—Validation of certain surcharges
The expressions water rates and rates when used in section 3 of the Waterworks Act 1927, section 3 of the Water and Sewerage Rates (Surcharge) Act 1928, section 3 of the Water and Sewerage Rates (Surcharge) Act 1929, section 3 of the Water and Sewerage Rates (Surcharge) Act 1930, section 3 of the Water and Sewerage Rates (Surcharge) Act 1931, section 3 of the Water and Sewerage Rates (Surcharge) Act 1932, section 3 of the Water and Sewerage Rates (Surcharge) Act 1933 and section 3 of the Water and Sewerage Rates (Surcharge) Act 1934, shall be deemed to include and refer to and always to have included and referred to construction rates payable under The Waterworks Act Amendment Act 1888 (as amended by the Waterworks Act Amendment Act 1925) or under Part 6 of this Act.
120—Existence of communication pipes and meter evidence of contract
The existence of a communication pipe or pipes between a main pipe of the Corporation and any land and the existence of a meter on or near such land shall, in any legal proceedings, be conclusive evidence that the consumer, and the owner and the occupier of the land for the time being, have severally contracted with the Corporation for the supply of water to them respectively, subject to the provisions of this Act.
121—Tod River and Coonalpyn Downs water district
Land within the Tod River water district constituted under the Tod River Waterworks Act 1916, or the Coonalpyn Downs water district, shall be deemed to be adjacent land for the purposes of this Act notwithstanding that the land is separated from a gazetted main pipe by—
(a)any land constituting, or forming part of, a road, or roads; or
(b)any land traversed by, or appurtenant to, a railway line; or
(c)any combination of contiguous land within the categories of paragraphs (a) and (b) of this section.
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 this Act (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 of Act
The Waterworks Act 1932 was repealed by Sch 2 cl 19(1)(c) of the Water Industry Act 2012 on 1.1.2013.
Legislation repealed by principal Act
The Waterworks Act 1932 repealed the following:
The Waterworks Act 1882
The Waterworks Act Amendment Act 1888
Waterworks Act Amendment Act 1921
Waterworks Act Amendment Act 1925
Waterworks Act 1927
Waterworks Act Amendment Act 1929
Waterworks Act Amendment Act 1932
Principal Act and amendments
Year No Title Assent Commencement 1932 2101 Waterworks Act 1932 30.11.1932 30.11.1932 1935 2235 Waterworks Act Amendment Act 1935 12.12.1935 12.12.1935 1936 2293 Statute Law Revision Act 1936 8.10.1936 8.10.1936 1936 2326 Waterworks Act Amendment Act 1936 26.11.1936 26.11.1936 1954 50 Waterworks Act Amendment Act 1954 16.12.1954 1.7.1954: s 13 1956 10 Waterworks Act Amendment Act 1956 18.10.1956 18.10.1956 1962 53 Waterworks Act Amendment Act 1962 15.11.1962 15.11.1962 1966 40 Statutes Amendment (Waterworks and Sewerage) Act 1966 25.8.1966 25.8.1966 1969 64 Waterworks Act Amendment Act 1969 4.12.1969 21.5.1970 (Gazette 21.5.1970 p1842) 1970 59 Waterworks Act Amendment Act 1970 10.12.1970 10.12.1970 1971 37 Waterworks Act Amendment Act 1971 22.4.1971 22.4.1971 1972 79 Statutes Amendment (Valuation of Land) Act 1972 5.10.1972 1.6.1972: s 2 1974 16 Rates and Taxes Remission Act 1974 4.4.1974 1.7.1973: s 2 1974 44 Waterworks Act Amendment Act 1974 11.4.1974 1.7.1973: s 4 except ss 23—44—1.7.1974: s 24 1975 98 Statutes Amendment (Rates and Taxes Remission) Act 1975 20.11.1975 1.7.1975: s 2 1977 55 Statutes Amendment (Rates and Taxes Remission) Act 1977 15.12.1977 1.7.1978: s 2 1978 18 Waterworks Act Amendment Act 1978 23.3.1978 23.3.1978 1981 10 Statutes Amendment (Water and Sewerage Rating) Act 1981 5.3.1981 1.7.1980: s 2 1981 29 Statutes Amendment (Valuation of Land) Act 1981 19.3.1981 30.6.1981 (Gazette 4.6.1981 p1640) 1984 18 Waterworks Act Amendment Act 1984 3.5.1984 17.5.1984 (Gazette 17.5.1984 p1161) 1984 88 Valuation of Land Act Amendment Act 1984 29.11.1984 11.7.1985 (Gazette 4.7.1985 p6) 1986 78 Rates and Land Tax Remission Act 1986 4.12.1986 1.4.1987 (Gazette 26.3.1987 p702) 1987 39 Waterworks Act Amendment Act 1987 23.4.1987 1.7.1987 (Gazette 14.5.1987 p1248) 1991 7 Statutes Amendment (Water Resources) Act 1991 28.3.1991 s 7—1.7.1998 (Gazette 25.6.1998 p2649) 1991 10 Waterworks (Rating) Amendment Act 1991 28.3.1991 1.7.1991 (Gazette 2.5.1991 p1435) 1991 51 Statutes Amendment (Waterworks and Sewerage) Act 1991 22.11.1991 s 3(a)—(d)—22.11.1991; s 3(e)—1.7.1991: s 2 1992 68 Waterworks (Residential Rating) Amendment Act 1992 19.11.1992 1.12.1992 (Gazette 26.11.1992 p1620) 1994 33 Statutes Amendment (Waterworks and Sewerage) Act 1994 2.6.1994 1.7.1987: s 2 1994 59 Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994 27.10.1994 1.1.1995 (Gazette 8.12.1994 p1942) 1994 82 South Australian Water Corporation Act 1994 as amended by 23/1995 8.12.1994 Sch 1 (cl 7)—22.6.1995; Sch 2—1.7.1995 (Gazette 15.6.1995 p2841) 1995 23 Waterworks (Rating) Amendment Act 1995 20.4.1995 1.7.1995 (Gazette 8.6.1995 p2790) 1995 25 Plumbers, Gas Fitters and Electricians Act 1995 27.4.1995 1.7.1995 (Gazette 29.6.1995 p2977) 1996 38 Statutes Amendment (Community Titles) Act 1996 9.5.1996 ss 48—52—4.11.1996 (Gazette 31.10.1996 p1460) 1996 61 Statutes Amendment (Waterworks and Sewerage) Act 1996 8.8.1996 22.8.1996 (Gazette 22.8.1996 p684) 2001 57 Waterworks (Commercial Land Rating) Amendment Act 2001 8.11.2001 8.11.2001 2003 15 Statutes Amendment (Water Conservation Practices) Act 2003 19.6.2003 19.6.2003 2003 32 Waterworks (Save the River Murray Levy) Amendment Act 2003 24.7.2003 1.10.2003: s 2 2005 69 Adelaide Park Lands Act 2005 8.12.2005 Sch 1 (cl 26)—1.12.2006 (Gazette 26.10.2006 p3810) 2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 79 (ss 255 & 256)—4.9.2006 (Gazette 17.8.2006 p2831) 2008 41 Murray-Darling Basin Act 2008 6.11.2008 Sch 1 (cl 35)—15.12.2008 (Gazette 11.12.2008 p5475) 2009 33 Waterworks (Rates) Amendment Act 2009 25.6.2009 25.6.2009 (Gazette 25.6.2009 p3001) Provisions amended since 3 February 1976
•Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 11 of The Public General Acts of South Australia 1837-1975 at page 412.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 s 2 deleted by 82/1994 Sch 2 1.7.1995 s 4 s 4(1) s 4 redesignated as s 4(1) by 18/1984 s 3(c) 17.5.1984 adjacent land amended by 82/1994 Sch 2 1.7.1995 consumption year amended by 82/1994 Sch 2 1.7.1995 deleted by 33/2009 s 4 25.6.2009 Corporation inserted by 82/1994 Sch 2 1.7.1995 direct service amended by 82/1994 Sch 2 1.7.1995 fittings amended by 18/1984 s 3(a) 17.5.1984 Minister deleted by 18/1984 s 3(b) 17.5.1984 ratable land amended by 82/1994 Sch 2 1.7.1995 water rate amended by 82/1994 Sch 2 1.7.1995 watershed deleted by 7/1991 s 7(a) 1.7.1998 watershed zone deleted by 7/1991 s 7(a) 1.7.1998 waterworks amended by 82/1994 Sch 2 1.7.1995 s 4(2) inserted by 18/1984 s 3(c) 17.5.1984 s 4(3) inserted by 61/1996 s 4 22.8.1996 s 5 substituted by 82/1994 Sch 2 1.7.1995 Pt 1A inserted by 61/1996 s 5 22.8.1996 Pt 2 s 6 substituted by 61/1996 s 6 22.8.1996 Pt 3 heading substituted by 82/1994 Sch 2 1.7.1995 s 9 deleted by 82/1994 Sch 2 1.7.1995 s 9A deleted by 7/1991 s 7(b) 1.7.1998 s 10 s 10(1) amended by 18/1984 s 4(a)—(e) 17.5.1984 IVA deleted by 18/1984 s 4(b) 17.5.1984 XVII deleted by 18/1984 s 4(d) 17.5.1984 amended by 39/1987 s 3(a) 1.7.1987 amended by 7/1991 s 7(c) 1.7.1998 XXI—XXIV deleted by 7/1991 s 7(d) 1.7.1998 amended by 82/1994 Sch 2 1.7.1995 XIV deleted by 25/1995 Sch 2 cl 1(d) 1.7.1995 amended by 61/1996 s 7(a)—(j) 22.8.1996 amended by 15/2003 s 6(1) 19.6.2003 s 10(2) substituted by 18/1984 s 4(f) 17.5.1984 substituted by 61/1996 s 7(k) 22.8.1996 s 10(2aa)—see s 10(3) s 10(2a)—see s 10(4) s 10(2ab)—see s 10(5) s 10(2b)—see s 10(6) s 10(2c)—see s 10(7) s 10(3) s 10(2aa) inserted by 39/1987 s 3(b) 1.7.1987 s 10(2aa) amended by 82/1994 Sch 2 1.7.1995 s 10(2aa) redesignated as s 10(3) by 61/1996 s 7(m) 22.8.1996 s 10(4) s 10(2a) inserted by 18/1984 s 4(f) 17.5.1984 s 10(2a) substituted by 61/1996 s 7(l) 22.8.1996 s 10(2a) redesignated as s 10(4) by 61/1996 s 7(m) 22.8.1996 s 10(5) s 10(2ab) inserted by 61/1996 s 7(l) 22.8.1996 s 10(2ab) redesignated as s 10(5) by 61/1996 s 7(m) 22.8.1996 s 10(6) s 10(2b) inserted by 18/1984 s 4(f) 17.5.1984 s 10(2b) redesignated as s 10(6) by 61/1996 s 7(m) 22.8.1996 substituted by 15/2003 s 6(2) 19.6.2003 s 10(7) s 10(2c) inserted by 18/1984 s 4(f) 17.5.1984 s 10(2c) redesignated as s 10(7) by 61/1996 s 7(m) 22.8.1996 s 10(8) s 10(3) redesignated as s 10(8) by 61/1996 s 7(m) 22.8.1996 s 11 deleted by 82/1994 Sch 2 1.7.1995 s 13 amended by 82/1994 Sch 2 1.7.1995 s 14 s 14(1) and (2) amended by 82/1994 Sch 2 1.7.1995 ss 15 and 16 amended by 82/1994 Sch 2 1.7.1995 s 17 s 17(1)—(3) amended by 82/1994 Sch 2 1.7.1995 s 18 amended by 18/1978 s 2 23.3.1978 amended by 18/1984 s 5 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 ss 19, 21 and 23 amended by 82/1994 Sch 2 1.7.1995 ss 24—26 deleted by 82/1994 Sch 2 1.7.1995 Pt 4 s 27 will expire by proclamation: s 27(3) s 27(1) s 27 amended by 82/1994 Sch 2 1.7.1995 s 27 amended and redesignated as s 27(1) by 69/2005 Sch 1 cl 26(1)—(4) 1.12.2006 s 27(2) and (3) inserted by 69/2005 Sch 1 cl 26(4) 1.12.2006 s 28 s 28(1) and (2) amended by 82/1994 Sch 2 1.7.1995 ss 29 and 30 amended by 82/1994 Sch 2 1.7.1995 s 31 s 31(1) and (2) amended by 82/1994 Sch 2 1.7.1995 ss 31A and 32 amended by 82/1994 Sch 2 1.7.1995 s 33 amended by 82/1994 Sch 2 1.7.1995 amended by 61/1996 s 8 22.8.1996 amended by 15/2003 s 7 19.6.2003 s 33A inserted by 61/1996 s 9 22.8.1996 s 33A(1) substituted by 15/2003 s 8(1) 19.6.2003 s 33A(1a) and (1b) inserted by 15/2003 s 8(1) 19.6.2003 s 33A(3) amended by 15/2003 s 8(2) 19.6.2003 s 34 s 34(1)—(3) amended by 82/1994 Sch 2 1.7.1995 s 35 s 35(1) amended by 18/1984 s 6(a) 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 35(1a)—(1c) inserted by 18/1984 s 6(b) 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 35(2) amended by 82/1994 Sch 2 1.7.1995 s 35A inserted by 61/1996 s 10 22.8.1996 s 35A(4) amended by 15/2003 s 9 19.6.2003 s 36 amended by 82/1994 Sch 2 1.7.1995 s 37 s 37(1)—(4) amended by 82/1994 Sch 2 1.7.1995 s 38 amended by 18/1978 s 3 23.3.1978 amended by 18/1984 s 7 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 39 s 39(1) amended by 18/1984 s 8(a) 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 39(2) amended by 18/1984 s 8(b), (c) 17.5.1984 s 40 amended by 82/1994 Sch 2 1.7.1995 s 41 s 41(1) amended by 82/1994 Sch 2 1.7.1995 s 42 amended by 18/1984 s 9 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 43 amended by 18/1978 s 4 23.3.1978 substituted by 18/1984 s 10 17.5.1984 s 43(1) amended by 82/1994 Sch 2 1.7.1995 amended by 15/2003 s 10 19.6.2003 s 43(2) and (3) amended by 82/1994 Sch 2 1.7.1995 s 44 amended by 82/1994 Sch 2 1.7.1995 s 45 s 45(1) amended by 82/1994 Sch 2 1.7.1995 s 45(2) amended by 18/1978 s 5 23.3.1978 amended by 18/1984 s 11 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 46 s 46(1) amended by 18/1984 s 12(a) 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 46(2) amended by 18/1978 s 6 23.3.1978 amended by 18/1984 s 12(b) 17.5.1984 s 47 s 47(1) amended by 18/1984 s 13(a), (b) 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 47(2) amended by 18/1984 s 13(c), (d) 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 47(3) amended by 82/1994 Sch 2 1.7.1995 s 48 amended by 82/1994 Sch 2 1.7.1995 s 49 amended by 18/1978 s 7 23.3.1978 amended by 18/1984 s 14 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 50 amended by 18/1978 s 8 23.3.1978 amended by 18/1984 s 15 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 51 s 51(1)—(6) amended by 82/1994 Sch 2 1.7.1995 s 52 amended by 18/1978 s 9 23.3.1978 amended by 18/1984 s 16 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 53 amended by 18/1978 s 10 23.3.1978 amended by 18/1984 s 17 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 54 s 54(1) s 54 amended by 18/1984 s 18 17.5.1984 s 54 amended by 82/1994 Sch 2 1.7.1995 s 54 amended and redesignated as s 54(1) by 61/1996 s 11 22.8.1996 s 54(2) inserted by 61/1996 s 11(d) 22.8.1996 s 55 amended by 18/1978 s 11 23.3.1978 amended by 18/1984 s 19 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 56 amended by 18/1984 s 20 17.5.1984 s 57 amended by 18/1984 s 21 17.5.1984 s 58 s 58(3) amended by 18/1984 s 22 17.5.1984 s 59 amended by 18/1978 s 12 23.3.1978 amended by 18/1984 s 23 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 amended by 17/2006 s 255 4.9.2006 s 60 amended by 18/1978 s 13 23.3.1978 amended by 18/1984 s 24 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 61 s 61(1)—(4) amended by 82/1994 Sch 2 1.7.1995 s 62 amended by 18/1978 s 14 23.3.1978 amended by 18/1984 s 25 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 63 s 63(1) amended by 18/1978 s 15 23.3.1978 amended by 18/1984 s 26 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 63(2) and (3) amended by 82/1994 Sch 2 1.7.1995 s 64 amended by 59/1994 Sch 2 1.1.1995 amended by 82/1994 Sch 2 1.7.1995 s 65 amended by 18/1978 s 16 23.3.1978 amended by 18/1984 s 27 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 substituted by 61/1996 s 12 22.8.1996 Pt 5 Pt 5 Div 1 inserted by 10/1991 s 3 1.7.1991 amended by 51/1991 s 3(a), (b) 22.11.1991 amended by 68/1992 ss 3—5 1.12.1992 substituted by 23/1995 s 3 1.7.1995 s 65A s 65A(1) water consumption rate deleted by 33/2009 s 5(1) 25.6.2009 water rate deleted by 33/2009 s 5(2) 25.6.2009 water rates inserted by 33/2009 s 5(2) 25.6.2009 s 65A(2) deleted by 33/2009 s 5(3) 25.6.2009 s 65B s 65B(1) amended by 82/1994 Sch 2 as substituted by 23/1995 s 7(a) 1.7.1995 amended by 32/2003 s 4 1.10.2003 amended by 33/2009 s 6(1) 25.6.2009 s 65B(2) amended by 82/1994 Sch 2 as substituted by 23/1995 s 7(a) 1.7.1995 s 65B(4) amended by 33/2009 s 6(2) 25.6.2009 s 65B(5) amended by 57/2001 s 2 8.11.2001 deleted by 33/2009 s 6(3) 25.6.2009 s 65C s 65C(1) amended by 82/1994 Sch 2 as substituted by 23/1995 s 7(a) 1.7.1995 amended by 33/2009 s 7(1) 25.6.2009 s 65C(2) amended by 33/2009 s 7(2), (3) 25.6.2009 s 65CAA inserted by 33/2009 s 8 25.6.2009 s 65CA inserted by 32/2003 s 5 1.10.2003 s 65D inserted by 57/2001 s 3 8.11.2001 deleted by 33/2009 s 9 25.6.2009 Pt 5 Div 2 amended by 29/1981 s 19 30.6.1981 amended by 88/1984 s 8(4) (Sch Pt 4) 11.7.1985 amended by 10/1991 ss 4—6 1.7.1991 deleted by 23/1995 s 3 1.7.1995 Pt 5 Div 3 heading inserted by 10/1991 s 7 1.7.1991 s 66A inserted by 10/1991 s 8 1.7.1991 s 67 amended by 88/1984 s 8(4) (Sch Pt 4) 11.7.1985 amended by 10/1991 s 9 1.7.1991 amended by 82/1994 Sch 2 1.7.1995 s 68 inserted by 51/1991 s 3(c) 22.11.1991 substituted by 23/1995 s 4 1.7.1995 deleted by 33/2009 s 10 25.6.2009 s 69 amended by 82/1994 Sch 2 1.7.1995 s 84 amended by 82/1994 Sch 2 1.7.1995 s 84A amended by 55/1977 s 5 1.7.1978 deleted by 78/1986 Sch 5 1.4.1987 s 85 deleted by 39/1987 s 4 1.7.1987 s 86 s 86(1)—(3) amended by 82/1994 Sch 2 1.7.1995 s 86A inserted by 23/1995 s 5 1.7.1995 s 86A(1) substituted by 38/1996 s 48(a) 4.11.1996 amended by 32/2003 s 6 1.10.2003 amended by 33/2009 s 11(1) 25.6.2009 s 86A(2) amended by 82/1994 Sch 2 1.7.1995 substituted by 38/1996 s 48(a) 4.11.1996 amended by 33/2009 s 11(2) 25.6.2009 s 86A(3) substituted by 38/1996 s 48(a) 4.11.1996 amended by 33/2009 s 11(3) 25.6.2009 s 86A(4) amended by 82/1994 Sch 2 1.7.1995 substituted by 38/1996 s 48(a) 4.11.1996 s 86A(5) amended by 82/1994 Sch 2 1.7.1995 amended by 33/2009 s 11(4) 25.6.2009 s 86A(6) amended by 82/1994 Sch 2 1.7.1995 substituted by 38/1996 s 48(b) 4.11.1996 amended by 33/2009 s 11(5), (6) 25.6.2009 s 86A(8) deleted by 33/2009 s 11(7) 25.6.2009 s 86A(9) substituted by 38/1996 s 48(c) 4.11.1996 s 86AA inserted by 38/1996 s 49 4.11.1996 s 86B inserted by 23/1995 s 5 1.7.1995 s 86B(1) amended by 82/1994 Sch 2 1.7.1995 amended by 33/2009 s 12(1) 25.6.2009 s 86B(2) amended by 82/1994 Sch 2 1.7.1995 amended by 33/2009 s 12(2) 25.6.2009 s 86B(3) amended by 82/1994 Sch 2 1.7.1995 amended by 33/2009 s 12(3) 25.6.2009 s 86B(4) amended by 38/1996 s 50 4.11.1996 s 86B(5) deleted by 33/2009 s 12(4) 25.6.2009 s 87 s 87(1) amended by 18/1984 s 28 17.5.1984 amended by 39/1987 s 5 1.7.1987 amended by 82/1994 Sch 2 1.7.1995 s 87(4) amended by 82/1994 Sch 2 1.7.1995 amended by 61/1996 s 13(a), (b) 22.8.1996 s 87(4a) inserted by 61/1996 s 13(c) 22.8.1996 s 87(5) amended by 82/1994 Sch 2 1.7.1995 s 88 s 88(1) and (2) substituted by 18/1984 s 29 17.5.1984 s 88(2a) inserted by 18/1984 s 29 17.5.1984 s 88(3) amended by 82/1994 Sch 2 1.7.1995 s 88(4) inserted by 10/1981 s 3 1.7.1980 amended by 82/1994 Sch 2 1.7.1995 s 88(5) inserted by 10/1981 s 3 1.7.1980 s 88(6) inserted by 10/1981 s 3 1.7.1980 amended by 82/1994 Sch 2 1.7.1995 s 88(7) and (8) inserted by 10/1981 s 3 1.7.1980 s 90 s 90(1) amended by 82/1994 Sch 2 1.7.1995 s 90(3) amended by 61/1996 s 14 22.8.1996 s 91 amended by 82/1994 Sch 2 1.7.1995 s 92 s 92(1)—(4) amended by 82/1994 Sch 2 1.7.1995 s 93 s 93(1) amended by 18/1984 s 30 17.5.1984 amended by 39/1987 s 6 1.7.1987 amended by 82/1994 Sch 2 1.7.1995 amended by 38/1996 s 51(a) 4.11.1996 s 93(1a) inserted by 38/1996 s 51(b) 4.11.1996 s 94 s 94(1) amended by 10/1991 s 10(a) 1.7.1991 amended by 51/1991 s 3(d) 22.11.1991 amended by 68/1992 s 6(a) 1.12.1992 amended by 23/1995 s 6(a) 1.7.1995 s 94(2) amended by 82/1994 Sch 2 1.7.1995 s 94(4) amended by 10/1991 s 10(b) 1.7.1991 amended by 68/1992 s 6(b) 1.12.1992 amended by 23/1995 s 6(b) 1.7.1995 s 94(5) amended by 82/1994 Sch 2 1.7.1995 s 95 s 95(1) amended by 18/1984 s 31 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 95(2) amended by 82/1994 Sch 2 1.7.1995 s 96 s 96(1) amended by 82/1994 Sch 2 1.7.1995 s 98 s 98(1) amended by 18/1984 s 32 17.5.1984 amended by 82/1994 Sch 2 1.7.1995 s 98(2) amended by 82/1994 Sch 2 1.7.1995 amended by 17/2006 s 256 4.9.2006 s 98(3) amended by 39/1987 s 7(a) 1.7.1987 amended by 82/1994 Sch 2 1.7.1995 s 98(7) inserted by 39/1987 s 7(b) 1.7.1987 amended by 82/1994 Sch 2 1.7.1995 s 99 amended by 82/1994 Sch 2 1.7.1995 s 100 deleted by 82/1994 Sch 1 cl 7 22.6.1995 Pt 6 inserted by 32/2003 s 7 1.10.2003 s 100 s 100(5) amended by 41/2008 Sch 1 cl 35 15.12.2008 Pt 7 s 101 deleted by 82/1994 Sch 2 1.7.1995 s 106 s 106(1) amended by 82/1994 Sch 2 1.7.1995 s 107 amended by 82/1994 Sch 2 1.7.1995 s 108 s 108(1) amended by 82/1994 Sch 2 1.7.1995 s 108(2) amended by 59/1994 Sch 2 1.1.1995 s 109 amended by 82/1994 Sch 2 1.7.1995 Pt 8 s 109A inserted by 39/1987 s 8 1.7.1987 s 109A(1), (2), (4) and (5) amended by 82/1994 Sch 2 1.7.1995 s 109A(6) amended by 33/1994 s 4 1.7.1987 amended by 82/1994 Sch 2 1.7.1995 s 109B inserted by 33/1994 s 5 1.7.1987 s 109B(4) division amended by 38/1996 s 52 4.11.1996 s 110 deleted by 82/1994 Sch 1 cl 7 22.6.1995 s 111 substituted by 59/1994 Sch 2 1.1.1995 s 112 amended by 82/1994 Sch 2 1.7.1995 s 112A s 112A(1) amended by 82/1994 Sch 2 1.7.1995 s 113 amended by 18/1984 s 33 17.5.1984 s 114 deleted by 82/1994 Sch 2 1.7.1995 s 117 deleted by 82/1994 Sch 2 1.7.1995 ss 118, 119 and 120 amended by 82/1994 Sch 2 1.7.1995 Sch 1 deleted 82/1994 Sch 2 1.7.1995 Sch 2 inserted by 51/1991 s 3(e) 1.7.1991 deleted by 82/1994 Sch 2 1.7.1995 Sch before deletion by 33/2009 cl 1 Sch inserted by 82/1994 Sch 2 1.7.1995 Sch redesignated as cl 1 by 57/2001 s 4 8.11.2001 cl 2 inserted by 57/2001 s 4 8.11.2001 Sch deleted by 33/2009 s 13 25.6.2009
Transitional etc provisions associated with Act or amendments
Waterworks (Residential Rating) Amendment Act 1992
7—Transitional provision
Water rates continue to be payable under the principal Act in respect of residential land for any period prior to the financial year commencing on 1 July 1993 as if this Act had not been enacted.
Waterworks (Rates) Amendment Act 2009, Sch 1
1—Transitional provisions—general water rates
(1)In this clause, unless the contrary intention appears—
commencement date means the date on which this Act comes into operation;
consumption year means a consumption year under the principal Act before its amendment by this Act;
principal Act means the Waterworks Act 1932;
transitional period means, in respect of any land, the period starting at the beginning of the consumption year for that land that applies in relation to the 2009/2010 financial year and ending on 30 June 2009;
water rates or rate means, according to the context—
(a)charges or rates fixed under the principal Act before the commencement date;
(b)charges or rates fixed under the principal Act on or after the commencement date,
and other terms used have meanings consistent with the meanings they have in the principal Act.
(2)The water rates fixed by notice under section 65C of the principal Act for the 2008/2009 financial year (see Gazette 6 December 2007) will apply with respect to the supply of water to, or in relation to, land during the consumption year for that land that applies in relation to that financial year despite the amendment of the principal Act by this Act.
(3)The water rates fixed by notice under section 65C of the principal Act for the 2009/2010 financial year (see Gazette 5 December 2008), subject to any reduction by a notice published under section 84 of the principal Act, will apply with respect to water supplied to, or in relation to, land during the transitional period.
(4)The Minister may, before the end of the transitional period, publish a new notice under the principal Act, as amended by this Act, for the purposes of the 2009/2010 financial year.
(5)A notice under subclause (4) will have effect according to its terms and, subject to any provision made by the notice, will supersede the notice referred to in subclause (3) for the purposes of the imposition and recovery of rates with respect to the supply of water on and after 1 July 2009.
(6)To avoid doubt—
(a)any rates payable in respect of water supplied during 2 (or more) periods (or parts of periods) created by or relevant to the operation of this Act and on account of the operation of this clause or anything done under this clause (including a period that commences before 1 July 2009 and ends on or after 1 July 2009) may, depending on when meters are read and the form or nature of any relevant rate, be charged and recovered on a pro rata basis; and
(b)the publication of a notice under subclause (4) does not affect the imposition and recovery of rates associated with the supply of water during the transitional period; and
(c)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) over or in respect of any period or on a pro rata basis may assume that water has been supplied at a uniform daily rate over any relevant period; and
(d)section 65CAA(1)(a) of the principal Act, as inserted by this Act, will not apply with respect to the 2009/2010 financial year.
(7)In addition, water rates for the 2010/2011 financial year must be fixed by the Minister on or before 7 December 2009 (and section 65CAA(1)(a) of the principal Act, as inserted by this Act, will not apply with respect to the 2010/2011 financial year).
(8)Subclause (7) does not apply to a charge or rate within the ambit of section 65CAA(1)(b) of the principal Act, as inserted by this Act.
2—Transitional provisions—agreements
(1)In this clause, unless the contrary intention appears—
commencement date means the date on which this Act comes into operation;
relevant Act means—
(a)the Waterworks Act 1932; or
(b)the Water Conservation Act 1936;
water rates or rate means, according to the context—
(a)charges or rates fixed under a relevant Act before the commencement date;
(b)charges or rates fixed under a relevant Act on or after the commencement date,
and other terms used have meanings consistent with the meanings they have in a relevant Act (as a particular case may require).
(2)Subject to the following subclauses, a rate fixed under a relevant Act before the commencement date for the supply of water under an agreement will continue to apply with respect to the supply of water to, or in relation to, land.
(3)The Minister may, by notice in the Gazette before 1 July 2009, fix a new rate for the supply of water under agreements of a class specified in the notice under a relevant Act for the 2009/2010 financial year in order to provide consistency with the approach to be adopted in connection with the imposition of rates on account of the enactment of this Act.
(4)A notice under subclause (3) will have effect according to its terms and will, to the extent of the application of the notice and, subject to any provision made by the notice, supersede any notice that imposed a rate referred to in subclause (2) for the purposes of the imposition and recovery of rates with respect to the supply of water on and after 1 July 2009.
(5)To avoid doubt—
(a)any rates payable in respect of water supplied during 2 (or more) periods (or parts of periods) created by or relevant to the operation of a relevant Act and on account of the operation of this clause or anything done under this clause (including a period that commences before 1 July 2009 and ends on or after 1 July 2009) may, depending on when meters are read and the form or nature of any relevant rate, be charged and recovered on a pro rata basis; and
(b)the publication of a notice under subclause (3) does not affect the imposition and recovery of rates associated with the supply of water before 1 July 2009; and
(c)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) over or in respect of any period or on a pro rata basis may assume that water has been supplied at a uniform daily rate over any relevant period; and
(d)nothing in this clause applies to rates under Part 5 of the Waterworks Act 1932.
Historical versions
| Reprint No 1—15.1.1992 |
| Reprint No 2—1.12.1992 |
| Reprint No 3—2.6.1994 |
| Reprint No 4—1.1.1995 |
| Reprint No 5—1.7.1995 |
| Reprint No 6—22.8.1996 |
| Reprint No 7—4.11.1996 |
| Reprint No 8—1.7.1998 |
| Reprint No 9—8.11.2001 |
| Reprint No 10—19.6.2003 |
| Reprint No 11—1.10.2003 |
| 4.9.2006 |
| 1.12.2006 |
| 15.12.2008 |
0
0
0