Water Industry Act 2012 (SA)

South Australia

Water Industry Act 2012

An Act to facilitate planning in connection with water demand and supply; to regulate the water industry, including by providing for the establishment of a licensing regime and providing for the regulation of prices, customer service standards, technical standards for water and sewerage infrastructure and installations and plumbing, and by providing performance monitoring of the water industry; to provide for other measures relevant to the use and management of water; and for other purposes.

The Parliament of South Australia enacts as follows:

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

1. (1)

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

2. (2)

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

The objects of this Act are—

1. (a)

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

2. (b)

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

3. (c)

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

4. (d)

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

5. (e)

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

6. (f)

   to promote measures to ensure that water is managed wisely; and

7. (g)

   to promote the economically efficient use and operation of, and investment in, significant infrastructure so as to promote effective competition in upstream and downstream markets.

1. (1)

   In this Act, unless the contrary intention appears—

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

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

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

condition includes a limitation or restriction;

connection point means—

1. (a)

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

2. (b)

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

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

contravention includes a failure to comply;

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

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

1. (a)

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

2. (b)

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

3. (c)

   a person of a class declared by the regulations to…