{"id":"south-australian-water-corporation-act-1994","name":"South Australian Water Corporation Act 1994","slug":"south-australian-water-corporation-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110164,"registerId":"sa-south-australian-water-corporation-act-1994-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Water Corporation Act 1994","content":"South Australia\nSouth Australian Water Corporation Act 1994\nAn Act to provide for the provision of water and sewerage services; to establish a corporation for that purpose; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObject\n4\tInterpretation\nPart 2—Corporation\n5\tEstablishment of South Australian Water Corporation\n6\tApplication of Public Corporations Act 1993\n7\tFunctions of Corporation\n8\tPowers of Corporation\n9\tRestriction on contracting out by Corporation\n10\tCorporation to furnish Treasurer with certain information\n11\tCommon seal and execution of documents\nPart 3—Board\n12\tEstablishment of board\n13\tConditions of membership\n14\tVacancies or defects in appointment of directors\n15\tRemuneration\n16\tBoard proceedings\nPart 4—Staff\n17\tStaff of Corporation\nPart 5—Miscellaneous\n18\tDelegation to Corporation\n18A\tEntry onto land of the Corporation\n18B\tPower to lease infrastructure\n18C\tRecovery of amounts due to Corporation\n18D\tPower to sell land\n19\tRegulations\nSchedule 1—Transitional provisions\n1\tInterpretative provision\n2\tVesting of property, rights etc in Corporation\n3\tApplication of Real Property Act\n4\tAppointment of first chief executive officer\n5\tTransfer of staff\n6\tAnnual report\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Water Corporation Act 1994.\n3—Object\nThe object of this Act is to establish a statutory corporation as a business enterprise with the principal responsibility of providing water and sewerage services for the benefit of the people and economy of the State.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nboard means the board of directors established as the governing body of the Corporation under Part 3;\nCorporation means South Australian Water Corporation established under Part 2;\ndirector means a member of the board under Part 3;\nreticulated system for the supply of water includes major pipes, ducts, conduits and channels for the movement of water from reservoirs and other sources of supply;\nsewerage system means pipes, channels, tunnels, pumping stations, plant and other works and facilities used in the removal and treatment of wastewater.\nPart 2—Corporation\n5—Establishment of South Australian Water Corporation\n\t(1)\tSouth Australian Water Corporation is established.\n\t(2)\tThe Corporation—\n\t(a)\thas perpetual succession and a common seal; and\n\t(b)\tis capable of suing and being sued in its corporate name; and\n\t(c)\thas the functions and powers assigned or conferred by or under this or any other Act.\n6—Application of Public Corporations Act 1993\nThe Corporation is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.\n7—Functions of Corporation\n\t(1)\tThe Corporation's primary functions are to provide services—\n\t(a)\tfor the supply of water by means of reticulated systems; and\n\t(b)\tfor the storage, treatment and supply of bulk water; and\n\t(c)\tfor the removal and treatment of wastewater by means of sewerage systems.\n\t(2)\tThe Corporation has the following further functions:\n\t(a)\tto carry out research and works to improve water quality and wastewater disposal and treatment methods;\n\t(b)\tto provide consultancy and other services within areas of the Corporation's expertise;\n\t(c)\tto develop commercially and market products, processes and intellectual property produced or created in the course of the Corporation's operations;\n\t(d)\tto advise users of water in the efficient and effective use of water;\n\t(e)\tto encourage and facilitate private or public sector investment and participation, whether from within or outside the State, in the provision of water and wastewater services and facilities;\n\t(f)\tany other function conferred on the Corporation by this Act, any other Act or the Minister or delegated to the Corporation by the Minister.\n8—Powers of Corporation\n\t(1)\tThe Corporation has all the powers of a natural person together with the powers specifically conferred on it by this or any other Act.\n\t(2)\tThe Corporation may exercise its powers within or outside the State.\n9—Restriction on contracting out by Corporation\nThe board must not cause water or wastewater services or facilities to be provided or operated on behalf of the Corporation by another party under a contract or arrangement without first giving full consideration (having regard to the powers, functions and duties of the board under this Act, the Public Corporations Act 1993 and any other Act) as to whether the Corporation could provide or operate the same services or facilities competitively.\n10—Corporation to furnish Treasurer with certain information\n\t(1)\tThe Corporation must furnish the Treasurer with such information or records in the possession or control of the Corporation as the Treasurer may require in such manner and form as the Treasurer may require.\n\t(2)\tSubsections (2), (3) and (4) of section 7 of the Public Corporations Act 1993 apply in relation to such a requirement of the Treasurer in the same way as to a requirement of the Minister under that section.\n11—Common seal and execution of documents\n\t(1)\tThe common seal of the Corporation must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of two directors.\n\t(2)\tThe Corporation may, by instrument under its common seal, authorise a director, an employee of the Corporation (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Corporation subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Corporation.\n\t(4)\tA document is duly executed by the Corporation if—\n\t(a)\tthe common seal of the Corporation is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Corporation by a person or persons in accordance with an authority conferred under this section.\nPart 3—Board\n12—Establishment of board\n\t(1)\tA board of directors is established as the governing body of the Corporation.\n\t(2)\tThe board consists of—\n\t(a)\tsix members appointed by the Governor; and\n\t(b)\tthe chief executive officer.\n\t(3)\tThe board's membership must include persons who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the Corporation's functions and the proper discharge of its business and management obligations.\n\t(4)\tAt least two members of the board must be women and two men.\n\t(5)\tOne director (who must not be the chief executive officer) will be appointed by the Governor to chair meetings of the board.\n\t(6)\tThe Governor may appoint a director (who must not be the chief executive officer) to be the deputy of the director appointed to chair meetings of the board and the deputy may perform or exercise the functions and powers of that director in his or her absence.\n\t(7)\tOn the office of an appointed director becoming vacant, a person may be appointed under this section to the vacant office.\n13—Conditions of membership\n\t(1)\tA director will be appointed for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.\n\t(2)\tThe Governor may remove an appointed director from office on the recommendation of the Minister.\n\t(3)\tThe Minister may recommend the removal of an appointed director on any ground that the Minister considers sufficient.\n\t(4)\tThe office of an appointed director becomes vacant if the director—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(f)\tis removed from office under subsection (2).\n14—Vacancies or defects in appointment of directors\nAn act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.\n15—Remuneration\nAn appointed director is entitled to be paid from the funds of the Corporation such remuneration, allowances and expenses as may be determined by the Governor.\n16—Board proceedings\n\t(1)\tA quorum of the board consists of four members.\n\t(2)\tThe director appointed to chair meetings of the board will preside at each meeting of the board at which he or she is present.\n\t(3)\tIf the director appointed to chair meetings of the board is absent from a meeting of the board, the following provisions apply:\n\t(a)\tif another director has been appointed as that director's deputy and is present at the meeting—the deputy will preside at the meeting;\n\t(b)\tin any other case—a director (who must not be the chief executive officer) chosen by the directors present at the meeting will preside at the meeting.\n\t(4)\tA decision carried by a majority of the votes cast by directors at a meeting is a decision of the board.\n\t(5)\tEach director present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote.\n\t(6)\tA conference by telephone or other electronic means between directors will, for the purposes of this section, be taken to be a meeting of the board at which the participating directors are present if—\n\t(a)\tnotice of the conference is given to all directors in the manner determined by the board for that purpose; and\n\t(b)\teach participating director is capable of communicating with every other participating director during the conference.\n\t(7)\tA proposed resolution of the board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—\n\t(a)\tnotice of the proposed resolution is given to all directors in accordance with procedures determined by the board; and\n\t(b)\ta majority of the directors express their concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the resolution.\n\t(8)\tThe board must cause accurate minutes to be kept of its proceedings.\n\t(9)\tSubject to this Act, the board may determine its own procedures.\nPart 4—Staff\n17—Staff of Corporation\n\t(1)\tThe chief executive officer of the Corporation will be appointed by the board with the approval of the Minister.\n\t(2)\tThe Corporation may appoint such other employees as it thinks necessary or desirable.\n\t(3)\tAn employee's appointment will be on terms and conditions fixed by the Corporation.\nPart 5—Miscellaneous\n18—Delegation to Corporation\n\t(1)\tThe Minister may delegate any of the Minister's powers or functions under any Act to the Corporation.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated by the Corporation.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n18A—Entry onto land of the Corporation\n\t(1)\tA 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.\nMaximum penalty: $2 500.\nExpiation fee: $315.\n\t(2)\tWithout 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.\n\t(3)\tA notice referred to in subsection (2) may be varied or revoked by the Corporation by subsequent notice published in the Gazette.\n\t(4)\tAn authorisation under this section is subject to conditions imposed—\n\t(a)\tby this section; or\n\t(b)\tby regulation; or\n\t(c)\tby including them in a notice published in the Gazette under subsection (2) or in any other form of authorisation given by the Corporation; or\n\t(d)\tby direction of a person under subsection (5); or\n\t(e)\tby 2 or more of those methods.\n\t(5)\tA person acting with the authority of the Corporation (whether an employee of the Corporation or not) may give directions to a person on, or about to enter, land referred to in subsection (1) in relation to their entry, or their right to remain on, the land.\n\t(6)\tA direction given to a person under subsection (5) is a condition of that person's authorisation to enter and remain on the land.\n\t(7)\tIt 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)—\n\t(a)\tmust carry with him or her identification that shows his or her name and his or her current residential address; and\n\t(b)\tmust present the identification to a person who is entitled to give directions under subsection (5) when requested to do so.\n\t(8)\tA person must not give directions under subsection (5) or make a request under subsection (7)(b) unless he or she—\n\t(a)\tcarries identification issued by the Corporation that states that he or she is authorised to act under this section; and\n\t(b)\tpresents, 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).\n\t(9)\tA person who contravenes or fails to comply with a condition to which an authorisation is subject is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $315.\n18B—Power to lease infrastructure\n\t(1)\tThe Corporation may lease any of its infrastructure to any other body or person as the Corporation thinks fit.\n\t(2)\tA lease under subsection (1) will be for such period, at such rent, on such terms and conditions, and subject to such powers, reservations, restrictions and provisions, as the Corporation thinks fit.\n\t(3)\tThe Corporation may accept a surrender of such a lease on such terms and conditions, and may allow such concessions and remissions, as the Corporation thinks fit.\n\t(4)\tDuring the term of a lease under this section—\n\t(a)\tthe lessee may have and exercise, in relation to the infrastructure subject to the lease, all such rights, powers and privileges vested in and exercisable by the Corporation (under this or any other Act) as the Governor may from time to time declare by proclamation; and\n\t(b)\tthe infrastructure subject to the lease may be taken to be infrastructure of the lessee (for the purposes of this or any other Act) to such extent as the Governor may from time to time declare by proclamation.\n\t(5)\tIn this section—\ninfrastructure has the same meaning as in the Water Industry Act 2012 and includes any property connected to such infrastructure.\n18C—Recovery of amounts due to Corporation\n\t(1)\tSubject to subsection (2), any amount (other than a pecuniary penalty) due to the Corporation with respect to the provision of a water service or a sewerage service under the Water Industry Act 2012 or under an agreement to defer payment of an amount due with respect to the provision of a water service or a sewerage service under the Water Industry Act 2012 will, until payment, be and remain a first charge on the land in relation to which the relevant services have been provided.\n\t(2)\tAn amount referred to in subsection (1) that is payable in relation to land that comprises the whole or part of the common property of a scheme under the Community Titles Act 1996 or the Strata Titles Act 1988 is not a charge on the common property but is, instead, a first charge on each of the lots or units of the community or strata scheme.\n\t(3)\tNo statute of limitations or other Act will bar or in any way affect any action or other legal proceeding for the recovery of any such amount.\n18D—Power to sell land\n\t(1)\tIf any designated charges are in arrears for a period of 2 years, the Corporation may publish a notice in the prescribed manner and form for the purposes of this section.\n\t(2)\tIf, after at least 1 year from the publication of a notice under subsection (1), all or any of the relevant designated charges remain unpaid, the Corporation may, with the approval of the Minister, take action to sell the relevant land.\n\t(3)\tBefore the Corporation sells land in pursuance of this section, the Corporation must serve notice on the owner and occupier of the land—\n\t(a)\tstating the period for which the designated charges have been in arrears; and\n\t(b)\tstating the amount of the total liability presently outstanding and charged on the land; and\n\t(c)\tstating that if that amount is not paid in full within 1 month of service of the notice (or such longer time as the Corporation may allow), the Corporation intends to sell the land under this section.\n\t(4)\tA copy of a notice must be served on—\n\t(a)\tany registered mortgagee or encumbrancee of the land; and\n\t(b)\tthe holder of any caveat over the land.\n\t(5)\tIf the outstanding amount is not paid in full within the time allowed under subsection (3), the Corporation may proceed to sell the land.\n\t(6)\tThe sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the Corporation may set a reserve price for the purposes of the auction).\n\t(7)\tAn auction under this section must be advertised on at least 2 separate occasions in a newspaper circulating generally throughout the State.\n\t(8)\tIf, before the date of the auction, the outstanding amount and the costs incurred by the Corporation in proceeding under this section are paid to the Corporation, the Corporation must withdraw the land from auction.\n\t(9)\tIf—\n\t(a)\tan auction fails; or\n\t(b)\tthe land is held from the Crown under a lease, licence or agreement to purchase,\nthe Corporation may sell the land by private contract for the best price that the Corporation can reasonably obtain.\n\t(10)\tAny money received by the Corporation in respect of the sale of land under this section will be applied as follows:\n\t(a)\tfirstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;\n\t(b)\tsecondly—in discharging the liability for the designated charges and any other liabilities to the Corporation in respect of the land;\n\t(c)\tthirdly—in discharging any liability to the Crown for rates, charges or taxes (including rates, charges or taxes that are a charge on the land);\n\t(d)\tfourthly—in discharging any liability to a council for rates or any other liability to a council in respect of the land;\n\t(e)\tfifthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;\n\t(f)\tsixthly—in discharging any other mortgages, encumbrances and charges of which the Corporation has notice;\n\t(g)\tseventhly—in payment to the former owner of the land.\n\t(11)\tIf the former owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the former owner must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found.\n\t(12)\tIf land is sold by the Corporation in pursuance of this section, an instrument of transfer executed by the Corporation will operate to vest title to the land in the purchaser.\n\t(13)\tIf the Corporation cannot sell the land under this section after taking all reasonable steps to do so—\n\t(a)\tthe Corporation may, by notice in the Gazette, assume title to the land (and title will then, by force of this subsection, vest in the Corporation); and\n\t(b)\tthe value of the land vested in the Corporation under paragraph (a), as at the date of the notice under that paragraph, will be deducted from any outstanding amount and the costs incurred by the Corporation in proceeding under this section.\n\t(14)\tThe title vested under subsection (12) or (13) will be free of—\n\t(a)\tall mortgages, charges and caveats; and\n\t(b)\texcept in the case of land held from the Crown under lease or licence—all leases and licences.\n\t(15)\tAn instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar‑General for registration or enrolment, be accompanied by a statutory declaration made by the chief executive officer of the Corporation stating that the requirements of this section in relation to the dealing with the land have been observed.\n\t(16)\tThe chief executive officer of the Corporation must, as soon as is reasonably practicable after the publication of a notice under subsection (13), inform the Registrar‑General of the publication of the notice and lodge with the Registrar‑General a statutory declaration stating that the requirements of this section in relation to dealing with the land have been observed.\n\t(18)\tA reference in this section to land, or title to land, held from the Crown under lease, licence or agreement to purchase, is a reference to the interest of the lessee, licensee or purchaser in the land.\n\t(19)\tIn this section—\ndesignated charges means any amount (other than a pecuniary penalty) due to the Corporation with respect to the provision of a water service or a sewerage service under the Water Industry Act 2012 or under an agreement to defer payment of an amount due with respect to the provision of a water service or a sewerage service under the Water Industry Act 2012.\n19—Regulations\nThe Governor may make such regulations as are necessary or expedient for the purposes of this Act.\nSchedule 1—Transitional provisions\n1—Interpretative provision\nThe Governor may, by proclamation, declare that a reference in an Act or instrument to a Minister is a reference to the Corporation and the proclamation has effect in accordance with its terms.\n2—Vesting of property, rights etc in Corporation\n\t(1)\tSubject to the Sewerage Act 1929 and the Waterworks Act 1932, as amended by this Act, the Corporation succeeds to all the property, rights, powers, liabilities and obligations of the Minister arising from the operation of the Sewerage Act 1929 and the Waterworks Act 1932 as in force before the commencement of this Act.\n\t(2)\tA certificate executed by the Minister certifying that any specified property, right, power, liability or obligation has vested in the Corporation by virtue of this clause is to be taken to be conclusive evidence of the matter so certified.\n\t(3)\tAn apparently genuine document purporting to be a certificate of the Minister under subclause (2) is to be presumed to be such a certificate in the absence of proof to the contrary.\n\t(4)\tDespite section 29(1) of the Public Corporations Act 1993, where property vests by virtue of this clause in the Corporation, the vesting of the property, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.\n3—Application of Real Property Act\n\t(1)\tThe Registrar-General must, on the application of the Corporation, register the Corporation as the proprietor of land that has vested in the Corporation under this Schedule.\n\t(2)\tAn instrument relating to land that has vested in the Corporation under this Schedule must, if the instrument is executed by the Corporation and is otherwise in registrable form, be registered by the Registrar-General despite the fact that the Corporation has not been registered as the proprietor of the land under subclause (1).\n4—Appointment of first chief executive officer\n\t(1)\tThe first appointment to the position of chief executive officer of the Corporation is to be made by the Governor on the nomination of the Minister (but, on such an appointment having been made, the person so appointed will be taken to be an employee of the Corporation).\n\t(2)\tAny subsequent appointment to the position of chief executive officer of the Corporation is to be made by the board under Part 4.\n5—Transfer of staff\n\t(1)\tAll employees of the Department (other than the chief executive officer) are transferred to the employment of the Corporation.\n\t(2)\tAn employee transferred to the employment of the Corporation will have rights, obligations and liabilities in respect of his or her employment with the Corporation that are the same as or equivalent to those that would apply if—\n\t(a)\tthe Engineering and Water Supply Department continued as an administrative unit of the Public Service; and\n\t(b)\tthe employee continued as an employee of the Department.\n\t(3)\tSubclause (2) applies subject to any industrial or enterprise award, determination or agreement that may become binding on the Corporation after the commencement of this Act.\n\t(4)\tIn this clause—\nemployee of the Department means—\n\t(a)\ta person employed in the Public Service in the Engineering and Water Supply Department; or\n\t(b)\ta person employed by the Minister and subject to the direction of the chief executive officer of the Engineering and Water Supply Department in that employment.\n6—Annual report\nThe Corporation's report to the Minister on its operations during a financial year may incorporate a report on the operations of the Engineering and Water Supply Department during that financial year.\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe South Australian Water Corporation Act 1994 amended the following:\nSewerage Act 1929\nWaterworks Act 1932\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1994\n82\n South Australian Water Corporation Act 1994\n8.12.1994\n1.7.1995 except Sch 1 (cl 7)—22.6.1995 (Gazette 15.6.1995 p2841)\n1995\n23\n Waterworks (Rating) Amendment Act 1995\n20.4.1995\n1.7.1995 (Gazette 8.6.1995 p2790)\n1995\n55\n South Australian Water Corporation (Board) Amendment Act 1995\n3.8.1995\n19.10.1995 (Gazette 19.10.1995 p1124)\n2012\n9\n Water Industry Act 2012\n19.4.2012\nSch 2 (cll 17 & 18)—1.1.2013 (Gazette 21.6.2012 p2837)\n2016\n29\n Real Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\n2021\n45\n Unclaimed Money Act 2021\n25.11.2021\nSch 1 (cl 14)—25.11.2023 (s 27(6) Legislation Interpretation Act 2021)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 4\n\n\nwastewater\ndeleted by 9/2012 Sch 2 cl 17\n1.1.2013\nPt 3\n\n\ns 12\n\n\ns 12(2)\namended by 55/1995 s 3(a)\n19.10.1995\ns 12(4)\nsubstituted by 55/1995 s 3(b)\n19.10.1995\ns 16\n\n\ns 16(1)\namended by 55/1995 s 4\n19.10.1995\nPt 5\n\n\nss 18A—18C\ninserted by 9/2012 Sch 2 cl 18\n1.1.2013\ns 18D\ninserted by 9/2012 Sch 2 cl 18\n1.1.2013\ns 18D(11)\namended by 45/2021 Sch 1 cl 14\n25.11.2023\ns 18D(17)\ndeleted by 29/2016 Sch 2\n4.7.2016\nSch 1\n\n\ncl 7\nomitted under Legislation Revision and Publication Act 2002\n\nSch 2\namended by 23/1995 s 7\n1.7.1995\n\nomitted under Legislation Revision and Publication Act 2002\n\nHistorical versions\nReprint No 1—1.7.1995\n\nReprint No 2—19.10.1995\n\n1.1.2013\n\n4.7.2016\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not successfully retrieved. The page returned an error due to an apparent website restructure in March 2026, making it impossible to compare original versus current scope."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess actual complexity of the Act's provisions, definitions, or regulatory mechanisms","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **South Australian Water Corporation Act 1994** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a URL change following a website update in March 2026.\n\n### What we know about this Act in general terms:\nThe South Australian Water Corporation Act 1994 established **SA Water** (South Australian Water Corporation) as a government-owned corporation responsible for providing **water supply and sewerage services** across South Australia. It affects:\n- **Households and businesses** connected to water and sewerage services\n- **SA Water employees and management**\n- **The South Australian Government** as the corporation's owner\n\n### To access the actual legislation:\nVisit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'South Australian Water Corporation Act 1994', or email OPCWeb@sa.gov.au to report the broken link."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original scope (creating a corporatised water business and vesting assets/staff) has been expanded by later amendments to add enforcement, property and commercial powers. Notable additions inserted by subsequent Acts include entry and trespass offences and conditions (s18A), explicit power to lease infrastructure and transfer statutory rights by proclamation (s18B), a statutory first charge for unpaid service amounts (s18C), and a detailed power to sell land for arrears including vesting mechanics and priority of sale proceeds (s18D). The Act now operates alongside and cross‑references the Water Industry Act 2012 and other statutes, altering the enforcement and commercial reach compared with the original 1994 enactment."},"complexity_factors":["Establishes a statutory corporation with broad legal personality and commercial powers (s5, s8).","Board governance structure: Governor-appointed directors, gender composition requirement, chair/deputy, removal by Governor on Minister's recommendation (s12, s13, s16).","Chief executive appointment by board subject to Minister approval for first CEO; staff transferred from government department with continuity protections (Part 4, Sch 1 cl 4–5).","Restriction to consider in-house provision before contracting out water/wastewater services (s9) creating an internal competitive-consideration requirement.","Ministerial oversight and information demands: Treasurer may require records; Public Corporations Act provisions apply (s10, s6).","Delegation regime allowing the Minister to delegate statutory powers to the Corporation and for the Corporation to further delegate (s18).","New enforcement and property-related powers inserted later: entry offences and conditions for entering corporate land (s18A).","Power to lease infrastructure with potential transfer of statutory rights by proclamation and cross-reference to Water Industry Act 2012 definition (s18B).","Recovery of unpaid service amounts as a first charge on serviced land, with limitations for strata/common property (s18C).","Power to sell land for arrears after prescribed notice periods and procedures, including auction or private sale and vesting of title, with priority ordering of sale proceeds (s18D).","Transitional vesting of property, rights and stamp duty exemption for vesting instruments; Registrar-General registration mechanisms (Sch 1 cl 2–3).","Regulatory and procedural detail: common seal execution rules, minutes, quorum and voting, and broad regulation-making power (s11, s16, s19).","Interplay with other statutes (Public Corporations Act 1993, Water Industry Act 2012, Community Titles/Strata Acts, Unclaimed Money Act) increases legal interaction complexity (s6, ss18B–18D, Sch 1)."],"plain_english_summary":"Establishes the South Australian Water Corporation as a statutory business to provide water and sewerage services, governed by a board and chief executive and able to act in its corporate name (s5–7). It vests assets and staff in the Corporation and gives it commercial and enforcement powers — to enter and control land, lease infrastructure, require information, charge and recover unpaid service fees (including first charge on land and sale for arrears) and accept ministerial delegations (ss18A–18D, 10). This shifts service delivery, compliance and payment risk to the Corporation."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1994 Act was primarily about establishing the corporation and transferring functions from the old Engineering and Water Supply Department. However, amendments—particularly in 2012 (Water Industry Act 2012) and 2013—significantly expanded the scope. The Act now includes extensive property enforcement mechanisms (sections 18A-18D) that go well beyond simple corporate establishment: powers to lease infrastructure with Governor proclamations, detailed land sale procedures for debt recovery, and trespass enforcement. These additions transformed the Act from a simple 'establishment and transfer' statute into a comprehensive regulatory and enforcement framework for water services, overlapping significantly with the Water Industry Act 2012."},"complexity_factors":["Moderate length (approximately 50 sections plus schedule)","Cross-references to multiple other Acts: Public Corporations Act 1993, Water Industry Act 2012, Sewerage Act 1929, Waterworks Act 1932, Community Titles Act 1996, Strata Titles Act 1988, Unclaimed Money Act 2021","Detailed procedural requirements for land sale (section 18D) with 19 subsections including specific timeframes, notice requirements, auction procedures, and distribution of sale proceeds","Conditional logic in section 18A regarding entry onto land with multiple layers of authorisation methods and conditions","Transitional provisions in Schedule 1 dealing with property vesting and staff transfers from predecessor department","Some nested definitions (e.g., 'infrastructure' defined by reference to Water Industry Act 2012)","Board meeting procedures (section 16) include alternative decision-making methods (telephone conferences, written resolutions) with specific procedural requirements"],"plain_english_summary":"This Act creates **South Australian Water Corporation** (SA Water), a government-owned company that runs the state's water and sewerage services.\n\n**What it does:**\n- **Establishes SA Water** as a statutory corporation (a special type of government body that operates like a business)\n- **Sets its main jobs:** supplying drinking water through pipes, storing and treating bulk water, and removing/treating wastewater (sewage)\n- **Allows extra activities:** research, consulting, selling water-related products, advising on water efficiency, and encouraging private investment in water infrastructure\n- **Creates a board of directors** (6 appointed members plus the CEO) to govern the corporation, with rules requiring gender balance (at least 2 women and 2 men)\n- **Gives SA Water strong powers:** it can enter into contracts, lease infrastructure, recover unpaid bills (including placing charges on property and selling land after 2 years of arrears), and prosecute trespassers on its land\n- **Protects transferred staff** when the old Engineering and Water Supply Department became SA Water, preserving their employment conditions\n\n**Who it affects:**\n- Everyone in South Australia who uses water or sewerage services\n- Property owners (unpaid water bills become a charge on their land, and SA Water can force sale after 3 years of non-payment)\n- SA Water employees and board members\n- Anyone entering SA Water land (reservoirs, treatment plants, etc.)\n\n**Why it matters:**\nThis Act turned South Australia's water supply from a government department into a corporatised utility. This means SA Water operates more like a business while remaining government-owned. The Act balances commercial flexibility with public accountability—SA Water must consider doing work itself before contracting it out, must report to the Treasurer, and has special powers to ensure water bills get paid (including selling properties for long-term debts)."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-water-corporation-act-1994","history":"/api/acts/south-australian-water-corporation-act-1994/history","analysis":"/api/acts/south-australian-water-corporation-act-1994/analysis","conflicts":"/api/acts/south-australian-water-corporation-act-1994/conflicts","importantCases":"/api/acts/south-australian-water-corporation-act-1994/important-cases","documents":"/api/acts/south-australian-water-corporation-act-1994/documents"}}