Water Industry Act 2012

Division 7—Related matters 86ZM Confidential information 86ZN Access by agreement 86ZO Copies of access contracts to be supplied to regulator 86ZP Regulated operator's duty to supply information and documents 86ZQ Unfair discrimination 86ZR Review of Part Part 10—Miscellaneous 87 Consumer Advocacy and Research Fund 88 Minister's power to require information 89 Delegation by Minister 90 Consultation between agencies 91 Seizure and dismantling of infrastructure 92 Water conservation measures 95 Immunity 96 Impersonation of officials etc 97 Obstruction of officials etc 98 Fire plugs 99 Report on installation of separate meters on properties 100 Obstruction of works by occupiers 101 False or misleading information 102 Offences 103 General defence 104 Offences by bodies corporate 105 Continuing offences 106 Order for payment of profit from contravention 107 Statutory declarations 108 Power of exemption 109 Application and issue of warrant 110 Urgent situations 111 Evidence 112 Service 113 Ventilators 114 Protection of tenants and lessees of residential premises 115 Regulations 116 Review of Act Schedule 2—Transitional provisions Part 10—Transitional provisions Division 1—Preliminary 20 Preliminary Division 2—Special provisions relating to repeal of Sewerage Act 1929 21 Interpretation 22 Rates—transitional financial year 23 Rates—related provisions 24 Notices and authorisations 25 Vesting of undertaking in SA Water 26 Capital contribution where capacity of undertaking increased 27 Authorisation to discharge material into sewerage infrastructure 28 Requirement to carry out work 29 Power to disconnect drains 30 Exemption Division 3—Special provisions relating to repeal of Water Conservation Act 1936 31 Interpretation 32 Rates and charges—transitional financial year 33 Water rates—related provisions 34 Notices and authorisations 35 Land etc vested in Minister 36 Agreements to bind subsequent owners and occupiers 37 Water conservation reserves Division 4—Special provisions relating to repeal of Waterworks Act 1932 38 Interpretation 39 Rates and charges—transitional financial year 40 Rates and charges—related provisions 41 Notices and authorisations 42 Vesting of waterworks etc in SA Water 43 Fire plugs and pipes 44 Exemption 45 Capital contribution where capacity of waterworks increased Division 5—Other matters 46 Approved schemes 47 References to rates 48 Regulations Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary 1—Short title This Act may be cited as the Water Industry Act 2012. 2—Commencement (1) This Act will come into operation on a day to be fixed by proclamation. (2) Sections 18 and 26 must be brought into operation on the same day. 3—Objects The objects of this Act are— (a) to promote planning associated with the availability of water within the State to respond to demand within the community; and (b) to promote efficiency, competition and innovation in the water industry; and (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 (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 (e) to protect the interests of consumers of water and sewerage services; and (f) to promote measures to ensure that water is managed wisely; and (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. 4—Interpretation (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— (a) the point at which a customer's pipes connect with any water infrastructure or sewerage infrastructure; or (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— (a) where the context requires, a person seeking the provision of a retail service; and (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 (c) a person of a class declared by the regulations to be customers; designated customers—see subsections (2) and (3); draining work means the installation, alteration, repair, maintenance or disconnection of sanitary drains; drains—a drain may include a pressurised system for the removal of sewage; equipment includes— (a) pipes, fittings and apparatus; and (b) any component of any equipment; Health Department means the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the South Australian Public Health Act 2011; industry ombudsman scheme means the scheme applying for the purposes of section 25(1)(h); infrastructure includes— (a) pipes, conduits and associated fittings and apparatus; (b) pumping stations; (c) storage tanks; (d) bores and wells; (e) dams, reservoirs and wetlands; (f) embankments, walls, channels, drains, drainage holes or other forms of works or earthworks; (g) treatment facilities; (h) testing or monitoring equipment; (i) roads and other works to provide for the movement of vehicles or equipment or to provide access to land, works or other forms of infrastructure; (j) bridges and culverts; (k) buildings and structures; (l) components of any infrastructure; (m) other items brought within the ambit of this definition by the regulations; land includes— (a) an estate or interest in land (including an easement); or (b) a right or power over or in respect of land; Minister's Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; occupier of land or a place means a person who has, or is entitled to, lawful possession or control of the land or place; owner of land means— (a) if land is unalienated Crown land—the Crown; or (b) if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or (c) if the land is held from the Crown by lease or licence—the lessee or licensee, and includes an occupier of the land; plumbing means— (a) water plumbing work, sanitary plumbing work or draining work on the customer's side of any connection point; or (b) any other work brought within the ambit of this definition by the regulations; retail service means a service constituted by— (a) the sale and supply of water to a person for use (and not for resale other than in prescribed circumstances (if any)) where the water is to be conveyed by a reticulated system; or (b) the sale and supply of sewerage services for the removal of sewage, (even if the service is not actually used) but does not include any service, or any service of a class, excluded from the ambit of this definition by the regulations; River Murray has the same meaning as in the River Murray Act 2003; road means a street, road or thoroughfare to which public access is available on a continuous or substantially continuous basis by the use of vehicles or as pedestrians or both and includes— (a) a bridge, viaduct or subway; or (b) an alley, laneway or walkway; sanitary drain means pipes and equipment to collect and convey sewage from a sanitary plumbing installation to an on‑site treatment facility or a sewerage or effluent disposal system; sanitary plumbing work means the installation, alteration, repair, maintenance or disconnection of pipes or equipment to receive and convey sewage to sanitary drains (including associated plumbing ventilation equipment); SA Water means South Australian Water Corporation established under the South Australian Water Corporation Act 1994; sewage includes any form of waste that may be appropriately removed or dealt with through the use of a sewerage service; sewerage infrastructure means— (a) any infrastructure that is, or is to be, used for— (i) the collection or storage of sewage and includes the connection point; or (ii) the conveyance or reticulation of sewage; or (iii) the treatment of sewage, including any outfall pipe or other work that stores or conveys water leaving infrastructure used for the treatment of sewage; or (b) any other infrastructure used in connection with sewage and brought within the ambit of this definition by the regulations, but does not include— (c) any pipe, fitting or apparatus that is situated upstream of a customer's connection point; or (d) infrastructure situated entirely within one site and not connected to any other infrastructure situated within another site; or (e) any other infrastructure used in connection with sewage that is excluded from the ambit of this definition by the regulations; sewerage service means— (a) a service constituted by the collection, storage, treatment or conveyance of sewage through the use of a reticulated system; or (b) any other service, or any service of a class, brought within the ambit of this definition by the regulations; site means an area of land constituting a single land holding; stormwater drain means pipes and equipment to collect and convey stormwater to a public stormwater disposal system; Technical Regulator means the person holding the office of Technical Regulator under Part 3; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; water includes rainwater, stormwater, desalinated water, recycled water and water that may include any material or impurities, but does not include sewage; water industry means any operations associated with the provision of water services or sewerage services; water industry entity means— (a) a person licensed under Part 4; or (b) a person recognised by the Minister under subsection (4) as a water industry entity for the purposes of this Act, and includes (where the context requires) a person who has been licensed under Part 4 whose licence has been suspended or cancelled or has expired or a person who is to be treated as a water industry entity under the regulations; water industry officer means a person appointed under Part 5 as a water industry officer; water infrastructure means— (a) any infrastructure that is, or is to be, used for— (i) the collection or storage of water, including a dam or reservoir, a water production plant or a wetland; or (ii) the treatment of water; or (iii) the conveyance or reticulation of water and includes the connection point; or (b) any other infrastructure used in connection with water and brought within the ambit of this definition by the regulations, but does not include— (c) any pipe, fitting or apparatus that is situated downstream of a customer's connection point; or (d) any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a stormwater drain; or (e) infrastructure situated entirely within one site and not connected to any other infrastructure situated within another site; or (f) any other infrastructure used in connection with water that is excluded from the ambit of this definition by the regulations; water plumbing work means the installation, alteration, repair, maintenance or disconnection of pipes or equipment (including water heaters) to be connected directly or indirectly to a water supply system; water service means— (a) a service constituted by the collection, storage, production, treatment, conveyance, reticulation or supply of water; or (b) any other service, or any service of a class, brought within the ambit of this definition by the regulations; water/sewerage infrastructure means water infrastructure or sewerage infrastructure (or both). (2) A reference in this Act to designated customers, or designated classes of customers (or customers of a designated class), is a reference to customers, or classes of customers, designated by the Minister by notice in the Gazette. (3) The Minister may— (a) in acting under subsection (2), make different designations with respect to different sections of this Act; (b) by further notice in the Gazette, vary or revoke a previous notice under subsection (2). (4) The Minister may, for the purposes of the definition of water industry entity, by notice in the Gazette— (a) recognise a person within the water industry as a water industry entity for the purposes of this Act, or specified provisions of this Act; (b) vary or revoke the recognition of a particular person under paragraph (a). (5) For the purposes of this Act, a right to the provision of a particular service by a water industry entity may be taken to constitute the supply of a service by that entity. 5—Interaction with other Acts (1) Subject to this section, this Act is in addition to and does not limit or derogate from the provisions of any other Act. (2) This Act does not apply to or in relation to— (a) an irrigation trust, or any services provided or infrastructure held by an irrigation trust, under the Irrigation Act 2009; (b) the Renmark Irrigation Trust, or any services provided or infrastructure held by the Renmark Irrigation Trust, under the Renmark Irrigation Trust Act 2009; (c) any other person providing irrigation services designated by the Minister by notice in the Gazette, except to the extent prescribed by the regulations. (3) The Minister may, by further notice, vary or revoke a previous notice under subsection (2)(c). (4) This Act does not apply to any person or entity, or any circumstance, excluded from the operation of this Act by the regulations. 5A—Provisions related to operation of Part 9A (1) The Governor may, by proclamation made under this subsection, declare the extent to which Part 9A will apply in relation to— (a) specified water infrastructure or sewerage infrastructure, or a specified class of such infrastructure; or (b) specified infrastructure services, or a specified class of such services. (2) A proclamation under subsection (1) will have effect according to its terms (including so as to limit the operation of Part 9A or a proclamation made under that Part). (3) The Governor may, by proclamation, vary or revoke a proclamation under subsection (1). (4) Subject to subsection (5), the provisions of Part 9A are declared to be Commonwealth water legislation displacement provisions for the purposes of section 250D of the Water Act 2007 of the Commonwealth in relation to the operation of Part 4 Division 1 of that Act. (5) Subsection (4) has operation if or when the Governor, by proclamation made under this subsection, declares that that subsection takes effect as a law of the State.

Part 2—Water planning 6—Water planning (1) The Minister must prepare and maintain a document to be called the State Water Demand and Supply Statement. (2) The State Water Demand and Supply Statement must— (a) assess the state of South Australia's water resources and the extent of water supplies available within the State; and (b) assess current and future demand for water within the State; and (c) outline policies, plans and strategies relevant to ensuring that the State's water supplies are secure and reliable and are able to sustain economic growth within the State. (3) The State Water Demand and Supply Statement may— (a) address any other matter considered to be relevant by the Minister; and (b) take into account any policy, plan or strategy determined to be relevant by the Minister. (4) The Minister must comprehensively review the State Water Demand and Supply Statement at least once in every 5 years. (5) The Minister may amend the State Water Demand and Supply Statement at any time. (6) The Minister must, in relation to a proposal— (a) to create the State Water Demand and Supply Statement; or (b) to undertake a comprehensive review of the State Water Demand and Supply Statement, invite interested persons to make written representations on the proposal in such manner, and within a period, specified by the Minister. (7) The Minister must, within 14 days after the finalisation of the State Water Demand and Supply Statement, or the finalisation of a comprehensive review of the State Water Demand and Supply Statement, cause copies of the statement (or the Statement as revised) to be delivered to the President of the Legislative Council and the Speaker of the House of Assembly. (8) The Minister must— (a) make appropriate provision for the publication of the State Water Demand and Supply Statement; and (b) ensure that copies of the State Water Demand and Supply Statement are reasonably available for inspection (without charge) and purchase by the public at places determined by the Minister; and (c) ensure that notice of any amendment to the State Water Demand and Supply Statement is published in the Gazette within a reasonable time after the amendment is made. (9) The Minister must, on or before 31 March in each year, prepare a report that relates to the State Water Demand and Supply Statement and that— (a) provides information about the water demand and supply status of the various regions of the State; and (b) identifies and analyses the impacts of any emerging risks or significant issues associated with the State's water supplies; and (c) reports on such other matters as the Minister thinks fit. (10) The Minister must, immediately after the finalisation of the report under subsection (9), cause copies of the report to be delivered to the President of the Legislative Council and the Speaker of the House of Assembly. (11) When the President of the Legislative Council and the Speaker of the House of Assembly receive a statement or report under this section, the President and the Speaker must— (a) immediately cause the statement or report to be published; and (b) lay the statement or report before their respective Houses at the earliest opportunity. (12) If the President of the Legislative Council or the Speaker of the House of Assembly is absent at the time that a statement or report is delivered to the Parliament under this section, the Clerk of the relevant House will receive the statement or report on behalf of the President or the Speaker (as the case may be) (and the statement or report will then be taken to have been received by the President or the Speaker). (13) If a statement or report is received by the President of the Legislative Council or the Speaker of the House of Assembly at a time when Parliament is not sitting, the statement or report will be taken to have been published under subsection (11) at the expiration of 1 clear day after the day of receipt of the report. (14) A statement or report will, when published under subsection (11), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly. (15) A statement or report under this section is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).

Part 3—Administration

Division 1—Functions and powers of Commission 7—Functions and powers of Commission (1) The Commission has (in addition to the Commission's functions and powers under the Essential Services Commission Act 2002)— (a) the licensing, price regulation and other functions and powers conferred by this Act; and (b) any other functions and powers conferred by regulation under this Act. (2) If water industry entities are required by licence condition to participate in an ombudsman scheme, the Commission must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme.

Division 2—Technical Regulator 8—Technical Regulator (1) There is to be a Technical Regulator. (2) The Technical Regulator will be appointed by the Minister. (3) The office of Technical Regulator may be held in conjunction with a position in the Public Service. (4) The Minister may assign an employee in the Public Service to act as the Technical Regulator— (a) during a vacancy in the office of Technical Regulator; or (b) when the Technical Regulator is absent from, or unable to discharge, official duties. 9—Functions of Technical Regulator The Technical Regulator has the following functions: (a) to develop technical standards in connection with the water industry; (b) to monitor and regulate technical standards with respect to— (i) water and sewerage installations and associated equipment, products and materials (including on the customer's side of any connection point); and (ii) plumbing; (c) to provide advice in relation to safety or technical standards— (i) in the water industry to the Commission at the Commission's request; and (ii) in the plumbing industry; (d) any other function assigned to the Technical Regulator under this or any other Act or conferred by regulation under this Act. 10—Delegation (1) The Technical Regulator may delegate a function or power conferred on the Technical Regulator under this Act— (a) to a particular person or body; or (b) to the person for the time being occupying a particular office or position. (2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be subject to conditions or limitations specified in the instrument of delegation; and (b) does not derogate from the power of the Technical Regulator to act in a matter; and (c) is revocable at will by the Technical Regulator. (4) The Technical Regulator must keep a public register of delegations under this section. (5) In any legal proceedings an apparently genuine certificate, purportedly given by the Technical Regulator, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 11—Technical Regulator's power to require information (1) The Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), the information in the person's possession that the Technical Regulator reasonably requires for the performance of the Technical Regulator's functions (whether under this Act or any other Act). (2) A person required to give information under this section must provide the information within the time stated in the notice. (3) A person is not required to give information under this section if the information might tend to incriminate the person of an offence. 12—Obligation to preserve confidentiality (1) The Technical Regulator must preserve the confidentiality of information gained by the Technical Regulator (including information gained by an authorised officer under this Act) that— (a) could affect the competitive position of a water industry entity or other person; or (b) is commercially sensitive for some other reason. (2) Despite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances: (a) as reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission), or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act); (b) to a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or Territory of the Commonwealth, for the purposes related to the administration or operation of that other law; (c) to a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality); (d) with the consent of the person who gave the information or to whom the information relates; (e) as required by a court or tribunal constituted by law; (f) as authorised by the Minister. (3) Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991. 13—Annual report (1) The Technical Regulator must, within 3 months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's operations during that financial year. (2) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.

Division 3—Advisory committees 14—Consumer advisory committee (1) The Commission must establish an advisory committee comprising representatives of consumers (the consumer advisory committee)— (a) to provide advice to the Commission in relation to the performance of its licensing functions under Part 4; and (b) to provide advice to the Commission, either on its own initiative or at the request of the Commission, on any other matter relating to the water industry. (2) Despite subsection (1), the consumer advisory committee will, if the Commission so determines, be the same committee as the committee of that name established under Division 4 of Part 2 of the Electricity Act 1996 and have the functions referred to in subsection (1) in addition to its functions under that Division. 15—Technical advisory committee The Technical Regulator must establish an advisory committee (the technical advisory committee) including representatives of— (a) water industry entities; and (b) contractor and employee associations involved in the water industry; and (c) persons involved in the administration of public health legislation; and (d) local government; and (e) other entities determined by the Technical Regulator, to provide advice to the Technical Regulator, either on its own initiative or at the request of the Technical Regulator, on any matter relating to the functions of the Technical Regulator. 16—Other advisory committees The Minister, the Commission or the Technical Regulator may establish other advisory committees to provide advice on specified aspects of the administration of this Act.

Part 4—Water industry Division 1—Declaration as regulated industry 17—Declaration as regulated industry The water industry is declared to constitute a regulated industry for the purposes of the Essential Services Commission Act 2002. Division 2—Licensing of water industry entities 18—Requirement for licence (1) A person must not provide a retail service unless the person holds a licence under this Part authorising the relevant services, operation or activity. Maximum penalty: $1 000 000. (2) SA Water is entitled by the force of this section to hold a non‑transferable licence under this Part appropriate to the services, operations or activities provided, carried on or undertaken by it from time to time. (3) In connection with the operation of subsection (2)— (a) the Commission must issue SA Water with the appropriate licence or licences; and (b) the Commission must comply with any requirements specified by the Minister as to the terms and conditions of a licence and rights conferred by a licence. (4) The requirements of the Minister as to the conditions of a licence under subsection (3) must be consistent with the provisions of this Act as to such conditions. (5) To avoid doubt, a licence under subsection (3) cannot be transferred, suspended or cancelled. (6) In connection with the operation of this section— (a) the Minister must establish a set of community service obligations that require SA Water to continue to provide services within those areas of the State in which services are provided immediately before the commencement of subsection (2) unless the Minister grants an approval for the discontinuance of any such service; and (b) if the Minister grants an approval under paragraph (a), the Minister must immediately prepare a report in relation to the matter and cause copies of the report to be laid before both Houses of Parliament within 6 sitting days after the approval is given. 19—Application for licence (1) An application for the issue of a licence must— (a) be made to the Commission in a form approved by the Commission; and (b) contain the information specified in the form. (2) The applicant must pay to the Commission an application fee fixed by the Treasurer of an amount that the Treasurer considers appropriate to meet the reasonable costs of determining the application. (3) The Commission may, as the Commission considers appropriate, accept a single application from an applicant in respect of different operations of the applicant or operations of the applicant at different locations or may require separate applications. (4) The applicant must give the Commission any further relevant information requested by the Commission. 20—Consideration of application (1) The Commission must consider an application for the issue of a licence and may, subject to this Division, issue or refuse to issue the licence. (2) The Commission must have regard to the general factors specified in Part 2 of the Essential Services Commission Act 2002 and, subject to this section, may only issue a licence if satisfied that— (a) the applicant is a suitable person to hold the licence; and (b) the applicant will be able to meet reasonably foreseeable obligations under contracts for the sale or supply of water or the sale or supply of sewerage services (or both), as the case may require; and (c) the water infrastructure or the sewerage infrastructure (or both), as the case may require, to be used in connection with the relevant service is (or proposed infrastructure will be) appropriate for the purposes for which it will be used; and (d) the applicant has the capacity (including financial, technical, organisational and other necessary capacity) to provide the services safely and to appropriate standards that would be authorised by the licence; and (e) the applicant meets any special requirements imposed by the regulations for the holding of the licence; and (f) the grant of the licence would be consistent with criteria (if any) prescribed by the regulations. (3) In deciding whether an applicant is a suitable person to hold a licence, the Commission may consider— (a) the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and (b) the financial, technical and human resources available to the applicant; and (c) the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and (d) other matters prescribed by regulation or considered relevant by the Commission. (4) If— (a) a person carries on or proposes to carry on operations for which a licence is required as agent of another person; and (b) the agent makes application for the issue of such a licence on the agent's own behalf and on behalf of the principal; and (c) the Commission is satisfied that the criteria for the issue of the licence are met in relation to the agent, the Commission may, at the Commission's discretion, dispense with the requirement that the Commission be satisfied that the criteria are met in relation to the principal and issue the licence to the agent and the principal to be held by them jointly. 21—Licences may be held jointly (1) A licence may be held jointly by 2 or more persons. (2) If a licence is held jointly by 2 or more persons, those persons are jointly and severally liable to meet requirements imposed under this Act or the Essential Services Commission Act 2002. 22—Authority conferred by licence (1) A licence authorises the person named in the licence to provide services or to carry on operations or activities in accordance with the terms and conditions of the licence. (2) Any services, operations or activities authorised by a licence need not be all of the same character or undertaken at the same location but may consist of a combination of different services, operations or activities provided or carried on at 1 or more locations. 23—Term of licence A licence may be issued for an indefinite period or for a term specified in the licence. 24—Licence fees and returns (1) A person is not entitled to the issue of a licence unless the person first pays to the Commission the relevant annual licence fee, or the first instalment of the relevant annual licence fee, as the case may require. (2) The holder of a licence issued for a term of 2 years or more must— (a) in each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the Commission by condition of the licence or by written notice; and (b) in each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the relevant annual licence fee, or the first instalment of the relevant annual licence fee, as the case may require. (3) The annual licence fee for a licence is the fee fixed, from time to time, by the Treasurer in respect of that licence as an amount that the Treasurer considers to be a reasonable contribution towards prescribed costs after taking into account advice contained in a written report furnished to the Treasurer by the Commission for the purposes of this subsection. (4) The Treasurer must, within 14 days after the receipt of a report under subsection (3), cause a copy of the report to be published on the Department of Treasury and Finance's website. (5) The annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission. (6) If the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default. (7) An annual licence fee (including any instalment of an annual licence fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown. (8) In this section— holder of a licence includes the holder of a licence that has been suspended; prescribed costs means— (a) the costs of administration of this Act; and (b) any costs of administration of the Essential Services Commission Act 2002 relating to the water industry; and (c) any costs associated with the development by the State Government of policies relating to the water industry; and (d) other costs prescribed by regulation. 25—Licence conditions (1) The Commission must make a licence subject to conditions determined by the Commission— (a) requiring compliance with applicable codes or rules made under the Essential Services Commission Act 2002 as in force from time to time; and (b) requiring the water industry entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) relating to the following matters with respect to designated customers, or designated classes of customers: (i) standard contractual terms and conditions to apply to the sale or supply (or the sale and supply) of designated services; (ii) minimum standards of service that take into account relevant national benchmarks developed from time to time; (iii) limitations on the grounds on which the supply of designated services may be discontinued or disconnected; (iv) the processes to be followed before designated services are discontinued or disconnected; and (c) requiring the water industry entity, at the request of a designated customer, to provide designated services at the water industry entity's standard contract price and subject to the water industry entity's standard contractual terms and conditions; and (d) requiring the water industry entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 on or before a prescribed date) relating to the provision of pricing information to designated customers, or designated classes of customers; and (e) requiring the water industry entity to include in each account for services provided to designated customers, or customers of a designated class, information prescribed by the regulations; and (f) requiring the water industry entity to maintain specified accounting records and to prepare accounts according to specified principles; and (g) requiring a specified process to be followed to resolve disputes between the water industry entity and its customers; and (h) if the water industry entity provides designated services to designated customers, or designated classes of customers, requiring the water industry entity to participate in an ombudsman scheme determined or approved by the Commission; and (i) requiring the water industry entity to monitor and report as required by the Commission on indicators of service performance determined by the Commission; and (j) relating to the water industry entity's financial or other capacity to provide services or to continue operations or activities under the licence; and (k) requiring the water industry entity to maintain specified kinds and levels of insurance; and (l) requiring the water industry entity to have all or part of the services, operations or activities authorised by the licence audited and to report the results of the audit to the Commission; and (m) requiring the water industry entity to notify the Commission about changes to officers and, if applicable, major shareholders of the entity; and (n) requiring the water industry entity to provide, in the manner and form determined by the Commission, such other information as the Commission may from time to time require; and (o) requiring the water industry entity to comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by water industry entities; and (p) requiring the water industry entity to comply with the requirements of any scheme approved and funded by the Minister for the purposes of providing specified exemptions from the requirement to pay for the provision of specified services. (2) The Commission must, in acting under subsection (1), have regard to the scale and nature of the operations of the water industry entity (with the scale and nature being determined by the Commission after consultation with the entity or a person or body nominated by the entity). (3) The Commission must make a licence subject to further conditions that the Commission is required by regulation to impose on the issue of such a licence. (4) The Commission may make a licence subject to further conditions considered appropriate by the Commission. (5) A code or set of rules under subsection (1)(a) must include provisions to assist customers who may be suffering specified types of hardship relevant to the supply of any services (being provisions that comply with any direction of the Minister and that will apply under the code or rules despite any provision made by the Essential Services Commission Act 2002). (6) The Commission must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme— (a) for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of water or the sale or supply of sewerage services; or (b) for the provision of exemptions from the requirement to pay for the provision of various services. (7) For the purposes of this section, the Minister may— (a) by notice in the Gazette, designate various services; (b) by further notice in the Gazette, vary or revoke a previous notice under paragraph (a). 27—Offence to contravene licence conditions (1) A water industry entity must not contravene a condition of its licence. Maximum penalty: $1 000 000. (2) An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000. 28—Variation of licence (1) The Commission may vary the terms or conditions of a water industry entity's licence by written notice to the entity. (2) A variation under subsection (1) may only be made— (a) on application by the water industry entity or with the water industry entity's agreement; or (b) after giving the water industry entity reasonable notice of the proposed variation and allowing the entity a reasonable opportunity to make representations about the proposed variation (and giving due consideration to any such representations). (3) The conditions of a licence prescribed by the regulations may be varied from time to time by further regulations. (4) The conditions of a licence may be varied by the addition, substitution or deletion of one or more conditions. 29—Transfer of licence (1) A licence may be transferred with the Commission's agreement. (2) The Commission may impose conditions on the transfer of a licence, or vary the terms and conditions of the licence on its transfer. (3) The Commission must not agree to the transfer of a licence if the transferee would not be entitled to the issue of the licence. (4) An application for agreement to the transfer of a licence must— (a) be made by the transferor with the consent of the transferee to the Commission in a form approved by the Commission; and (b) contain the information specified in the form. (5) The applicant must pay to the Commission an application fee fixed by the Treasurer of an amount that the Treasurer considers appropriate to meet the reasonable costs of determining the application. (6) The applicant must give the Commission further relevant information requested by the Commission. 30—Consultation with consumer bodies The Commission may, before issuing a licence, agreeing to the transfer of a licence or determining or varying conditions of a licence, consult with and have regard to the advice of— (a) the Technical Regulator; and (b) the Ombudsman holding office under the industry ombudsman scheme; and (c) the consumer advisory committee under Part 3. 31—Notice of licence decisions (1) The Commission must give an applicant for a licence, or for agreement to the transfer of a licence, written notice of the Commission's decision on the application. (2) The Commission must give the holder of a licence written notice of any decision by the Commission affecting the terms or conditions of the licence. 32—Surrender of licence (1) A water industry entity may, by written notice given to the Commission, surrender its licence. (2) The notice must be given to the Commission so as to comply with a period of notice required under the terms of the licence. (3) The Commission may, by agreement with the water industry entity, shorten the required period of notice. 33—Suspension or cancellation of licences (1) The Commission may, if satisfied that— (a) the holder of a licence obtained the licence improperly; or (b) the holder of a licence has been guilty of a material contravention of a requirement imposed by or under this Act or any other Act in connection with the operations authorised by the licence; or (c) the holder of a licence has ceased to carry on operations authorised by the licence; or (d) there has been any act or default such that the holder of a licence would no longer be entitled to the issue of such a licence, suspend or cancel the licence with effect from a specified date. (2) A suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Commission. (3) Before the Commission acts under this section, the Commission must— (a) notify the holder of the licence in writing of the proposed action specifying the reasons for the proposed action; and (b) allow the holder of the licence at least 14 days within which to make submissions to the Commission in relation to the proposed action. 34—Register of licences (1) The Commission must keep a register of the licences currently held by water industry entities under this Act. (2) The register must include— (a) the terms and conditions of each licence; and (b) other information required under the regulations. (3) A person may, without payment of a fee, inspect the Register. Division 3—Price regulation 35—Price regulation (1) Subject to this section, the Commission may make a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices, and price‑fixing factors for retail services. (2) Despite the provisions of the Essential Services Commission Act 2002, the operation of a determination of a kind referred to in subsection (1) is not to be stayed pending the determination of an application for review under Part 6 of that Act. (3) In addition to the requirements of section 25(4) of the Essential Services Commission Act 2002, the Commission must, in acting under subsection (1), comply with the requirements of any pricing order issued by the Treasurer under this section. (4) The Treasurer may, for the purposes of subsection (3), issue an order (a pricing order) that— (a) sets out any policies or other matters that the Commission must have regard to when making a determination contemplated by this section; (b) specifies various parameters, principles or factors that the Commission must adopt or apply in making a determination contemplated by this section; (c) relates to any other matter that the Treasurer considers to be appropriate in the circumstances. (5) A pricing order— (a) takes effect on a date specified in the order; and (b) cannot be varied (except as contemplated by the order) or revoked (but this paragraph does not prevent new pricing orders being made from time to time). (6) Notice of the making of a pricing order must be published in the Gazette. (7) The notice must include a brief description of the nature and effect of the pricing order and state how a copy may be inspected or purchased. (8) The Treasurer must— (a) send a copy of a pricing order to each water industry entity to which the order may relate; and (b) ensure that a copy of the order is published on the Department of Treasury and Finance's website; and (c) ensure that copies of the order are available for inspection and purchase by members of the public. (9) In this section— price includes price range.

Division 4—Standard terms and conditions for retail services 36—Standard terms and conditions for retail services (1) A water industry entity may, from time to time, fix standard terms and conditions governing the provision of services by the entity to customers of a designated class. (2) A water industry entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity. (3) A water industry entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions. (4) Standard terms and conditions fixed under this section— (a) must comply with the conditions of any relevant licence; and (b) must not fix prices that exceed maximum prices fixed under this Act; and (c) come into force on the day specified by the entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and (d) when in force are contractually binding on the water industry entity and the class of customers to which the terms and conditions are expressed to apply. (5) Subject to the conditions of a licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the water industry entity and a customer of the entity. (6) A water industry entity that has fixed standard terms and conditions under this section must— (a) supply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and (b) publish the standard terms and conditions on a website maintained by the entity.

Division 5—Customer hardship policies 37—Customer hardship policies (1) The Minister must develop and publish a customer hardship policy in respect of the residential customers of water industry entities that sets out— (a) processes to identify residential customers experiencing payment difficulties due to hardship, including identification by a water industry entity and self‑identification by a residential customer; and (b) an outline of a range of processes or programs that a water industry entity should use or apply to assist customers identified under paragraph (a). (2) The Minister may vary a policy under subsection (1) from time to time. (3) A water industry entity must— (a) adopt a customer hardship policy published by the Minister under this section; or (b) with the approval of the Commission, adopt such a policy with modifications. (4) It will be a condition of a water industry entity's licence that it complies with the customer hardship policy applying in relation to the entity under subsection (3). residential customer means a customer or consumer who is supplied with retail services for use at residential premises.

Division 6—Commission's powers to take over operations 38—Power to take over operations (1) If— (a) a water industry entity contravenes this Act, or a water industry entity's licence ceases, or is to cease, to be in force; and (b) it is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of water to customers or the proper provision of any sewerage service (as the case may require), the Governor may make a proclamation under this section. (2) Before a proclamation is made under this section, the Commission must give the water industry entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made. (3) A proclamation under this section— (a) authorises the Commission to take over the water industry entity's operations or a specified part of the water industry entity's operations; and (b) may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with). (4) A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it. (5) The Governor may, by subsequent proclamation, vary or revoke a proclamation made under this section. 39—Appointment of operator (1) When a proclamation is made under this Division, the Commission must appoint a suitable person (who may, but need not, be a water industry entity) to take over the relevant operations on agreed terms and conditions (including as to remuneration and indemnities). (2) A person appointed to take over a water industry entity's operations is referred to in this section as the operator. (3) The water industry entity must facilitate the take over of the relevant operations by the operator. (4) The operator may have access to the property of a water industry entity for the purposes of carrying on the relevant operations. (5) A person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Division. (6) A person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Division. (7) The remuneration of the operator and all other costs and expenses arising out of the exercise of the operator's responsibilities under this Division are payable out of the funds of the water industry entity. Division 7—Related matters 40—Ministerial directions (1) Despite section 7 of the Essential Services Commission Act 2002, the Minister may, in relation to any prescribed matter, by notice published in the Gazette, give directions to the Commission as to— (a) whether or not a prescribed matter— (i) should be subject to regulation under a code or set of rules made under the Essential Services Commission Act 2002; (ii) should be subject to conditions of a licence under this Part; (iii) should be subject to any other form of regulation by the Commission under this Act or the Essential Services Commission Act 2002; and (b) insofar as a prescribed matter is subject to any form of regulation under paragraph (a), the extent of the regulation and, if the Minister thinks fit, provisions that will apply with respect to that prescribed matter. (2) The Minister may, by further notice in the Gazette, vary or revoke a previous notice published by the Minister under this section. (3) This section does not limit or derogate from any other power of the Minister under this Act. (4) In this section— prescribed matter means— (a) any matter relevant to water meters, including as to their design, features, installation or operation; and (b) any matter relevant to billing customers in relation to the supply of water under a retail service where a water meter is not available to be used to determine the quantity of water supplied; and (c) any matter relevant to the disconnection of a retail service (including circumstances or services in relation to which disconnection may not occur).

Part 5—Powers and duties relating to land and infrastructure Division 1—Water industry officers 41—Appointment of water industry officers (1) A water industry entity may, subject to conditions or limitations determined by the Minister, appoint a person to be a water industry officer for the entity. (2) A water industry officer may only exercise powers under this Act subject to the conditions of appointment, any limitations imposed by the Minister, and any directions given by the relevant water industry entity. 42—Conditions of appointment (1) A water industry officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position. (2) A water industry officer may be removed from office by the water industry entity. 43—Identity cards (1) A water industry entity must give each water industry officer for the entity an identity card. (2) The identity card must be in a form approved by the Minister and must— (a) contain a photograph of the water industry officer taken for the purpose; and (b) identify the water industry officer as a water industry officer for the relevant water industry entity; and (c) contain any other information determined by the Minister for the purposes of this section. (3) A water industry officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person. (4) A person must, within 2 days after ceasing to be a water industry officer, return the identity card to the water industry entity. Maximum penalty: $250. Division 2—Management of land and infrastructure 44—Power to enter land to conduct investigations (1) A water industry entity may, by agreement with the occupier of land or on the authorisation of the Minister, enter and remain on land to conduct investigations or carry out any other form of work to assess the suitability of the land for the construction or installation of water/sewerage infrastructure. (2) The Minister may authorise a water industry entity to enter and remain on land under this section on conditions the Minister thinks appropriate. (3) If a water industry entity enters land under the authorisation of the Minister, the water industry entity— (a) must give reasonable notice of the proposed entry on land under this section to the occupier; and (b) must minimise the impact of work carried out by the water industry entity on activities of others on the land; and (c) must comply with the conditions of the authorisation. 45—Power to carry out work on land (1) An authorised entity may, at any reasonable time, enter and remain on land (including a road)— (a) to construct, install, improve or add to any water/sewerage infrastructure; or (b) to inspect, operate, maintain, test, repair, alter, remove or replace any water/sewerage infrastructure or equipment; or (c) to lay pipes and install, operate or inspect pumps and other equipment; or (d) to carry out other work in connection with the establishment or operation of any water/sewerage infrastructure or otherwise connected with any water service or sewerage service; or (e) to obtain or enlarge a supply of water; or (f) to protect, improve or restore the quality of water; or (g) to protect any infrastructure or equipment connected with any water service or sewerage service; or (h) to perform any other function brought within the ambit of this section by the regulations. (2) The powers that may be exercised in the performance of a function set out under subsection (1) include— (a) to dig, break and trench any soil or to excavate any land; and (b) to remove or use any earth, stone, minerals, trees or other materials or things located on the land; and (c) to sink wells or shafts; and (d) to construct, make, maintain, alter, add to or discontinue any water/sewerage infrastructure; and (e) to divert or hold any water; and (f) to dig up, form or alter any road; and (g) to construct workshops, sheds or other buildings of a temporary nature; and (h) to undertake other activities or work as may be necessary or incidental to the performance of any such function. (3) Subject to this section, if an authorised entity seeks to enter public land under this section, the entity must— (a) give the authority responsible for the management of public land not less than 12 hours notice of the entity's intention to carry out work on the land; and (b) secure the authority's agreement to the carrying out of the work. (4) An agreement under subsection (3) may contain conditions the authority responsible for the management of the public land considers appropriate in the public interest. (5) Prior notice is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (6) Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (7) If a dispute arises between an authorised entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister. (8) Subsection (7) does not apply to a dispute where the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute. (9) If a dispute is referred to the Minister under this section, the Minister must— (a) allow parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and (b) make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms. (10) If the Minister cannot get the parties to agree, the Minister may make— (a) an order that the work is or is not permitted on the land; (b) if the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted, as the Minister thinks fit (and any such order will have effect according to its terms). (11) If an authorised entity seeks to enter land other than public land for the first time, the entity must give prior written notice to the occupier of the land stating the reason and the date and time of the proposed entry. (12) The regulations may prescribe other circumstances when notice must be given to the occupier of land. (13) The period of notice under subsection (11) or (12) must be reasonable. (14) An authorised entity may use reasonable force to enter any land under this section. (15) When a person enters land under this section on behalf of an authorised entity, the person— (a) may be accompanied by such assistants as the person considers necessary or appropriate; and (b) may take any vehicles, equipment or materials the person considers necessary or appropriate for the functions the person is to carry out on the land. (16) An authorised entity must, at the reasonable request of an owner or occupier of land used for any purpose under this section, separate the land being used for the other part or parts of the land by a fence of reasonable construction and design (with such gates as may be necessary for the convenient use of any land) and, in the case of a dispute as to the fence to be constructed under this section, the matter may be referred to the Magistrates Court for resolution. (17) An authorised entity must make good any damage caused by the exercise of powers under this section as soon as practicable (including so as to reinstate any road or other place) or pay reasonable compensation for the damage. (18) This section does not derogate from the obligation to comply with the provisions of any other Act. (19) In an emergency, an authorised entity may exercise a power under this section at any time and without prior notice or agreement. (20) In connection with the exercise of a power under this section, a person undertaking work may— (a) enter and pass over any land; and (b) bring onto any land any vehicles, plant or equipment; and (c) temporarily occupy any land. (21) A person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section (22) The Minister may, by notice in writing furnished to a water industry entity, impose conditions or limitations on the exercise of a power under this section by that entity. (23) Subsections (3)(b) and (7) do not apply in relation to SA Water. (24) In this section— authorised entity means— (b) any water industry entity; public land means— (a) land owned by the Crown or an instrumentality or agent of the Crown or by a council or other local government body; (b) without limiting paragraph (a), a road under the care, control and management of the Crown or an instrumentality or agent of the Crown or a council or other local government body. 46—Acquisition of land (1) A water industry entity may acquire land in accordance with the Land Acquisition Act 1969. (2) A water industry entity may only acquire land by compulsory process under the Land Acquisition Act 1969 if the acquisition is authorised in writing by the Minister. (3) This section does not limit the ability of a water industry entity to acquire land by agreement. 47—Infrastructure does not merge with land In the absence of agreement in writing to the contrary, the ownership of any infrastructure or equipment is not affected by the fact that it has been laid or installed as water/sewerage infrastructure on or under land (and so the infrastructure or equipment does not become a fixture in relation to the land). 48—Requirement to connect to infrastructure (1) This section applies to a water industry entity involved (or proposing to be involved) in the sale and supply of sewerage services for the removal of sewage (and the infrastructure to be used for the purposes of those services will be referred to as prescribed infrastructure under this section). (2) A water industry entity to which this section applies may apply to the Minister for the approval of a scheme under this section. (3) A scheme to which an application relates will be a scheme— (a) that provides for the supply of sewerage services through the use of prescribed infrastructure; and (b) that proposes that any owner of land adjacent to land where a designated part of the prescribed infrastructure is situated (other than owners (if any) excluded from the scheme) be required to connect to the prescribed infrastructure so as to become a customer of the water industry entity with respect to the sale and supply of the sewerage services under the scheme; and (c) that has, in relation to the prescribed infrastructure, been approved by a prescribed body as being fit and adequate for the provision of services that are proposed to be offered under the scheme; and (d) that complies with any other requirements prescribed by the regulations. (4) A scheme under this section may— (a) provide that any connection made by a person under the scheme comply with any requirements specified by the water industry entity after consultation with the Technical Regulator and the Health Department; and (b) provide other requirements relating to the establishment, operation or management of the scheme that must be complied with by any owner of land adjacent to land where any prescribed infrastructure is situated; and (c) provide for other matters specified by the water industry entity and approved by the Minister under this section. (5) The Minister may, after taking into account such matters as the Minister thinks fit, determine whether or not to approve a scheme under this section. (6) If the Minister approves a scheme, the water industry entity may, by notice that complies with any requirements prescribed by the regulations and served on any owner of land adjacent to land where the designated part of the prescribed infrastructure is situated, require the owner to connect drains, equipment or works to the prescribed infrastructure in order to provide for the discharge of sewage into the infrastructure. (7) If a notice is served on an owner of land under subsection (6)— (a) the owner must comply with the notice in accordance with the requirements of the notice; and (b) any drains, equipment or works used for the purposes of making the connection must comply with specifications approved by the Technical Regulator or the Health Department for the purposes of this section (if any); and (c) the costs incurred by the owner in complying with the notice will be borne by the owner. (8) The following owners of land will be excluded from a scheme under this section: (a) any owner, or owner of a specified class, excluded by the Minister from the scheme at the time that the Minister approves the scheme; (b) any owner of land where it is not reasonably practicable to connect to the prescribed infrastructure; (c) any owner of a class excluded from the operation of this section by the regulations (if any) or otherwise excluded under the terms of the scheme itself. (9) If the requirements of a notice under this section are not complied with, the relevant water industry entity may take any action required by the notice. (10) Action taken by a water industry entity under subsection (9) may be taken on the entity's behalf by a water industry officer or another person authorised by the water industry entity for the purpose. (11) A person taking action under subsection (10) may enter any relevant land at any reasonable time. (12) The reasonable costs and expenses incurred by a water industry entity in taking action under subsection (9) or (10) may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice. (13) A water industry entity may from time to time, with the approval of the Minister, vary a scheme under this section.

Part 6—Protection and use of infrastructure, equipment and water and powers in relation to installations Division 1—Protection of infrastructure, equipment and services 49—Encroachments (1) A person must not, without lawful authority— (a) construct or place a building, wall, fence or other structure on or over any water/sewerage infrastructure, or create some other form of encroachment over any water/sewerage infrastructure (or any land directly associated with such infrastructure); or (b) create any form of encroachment over any easement that exists for the purposes of any water service or sewerage service; or (c) obstruct, fill in, close up or divert any water/sewerage infrastructure; or (d) excavate or alter any land or structure supporting any water/sewerage infrastructure, without the consent of a water industry entity that owns, manages or uses the water/sewerage infrastructure or who has the benefit of the easement (as the case may be). (2) If a water industry entity believes on reasonable grounds that a person has acted in contravention of subsection (1)— (a) the water industry entity may, at any reasonable time, enter land and carry out an inspection of any place; and (b) as it thinks fit (whether or not an inspection has taken place), by notice that complies with any requirements prescribed by the regulations and served on the person, require the person to take such action as may be specified in the notice to remedy any contravention of subsection (1). (3) If any entry under subsection (2)(a) is refused or obstructed, a water industry entity may obtain a warrant under Part 10 to enter the land. (4) If the requirements of a notice under subsection (2)(b) are not complied with, the relevant water industry entity may take any action required by the notice. (5) A person taking action under subsection (4) may enter any relevant land at any reasonable time. (6) The reasonable costs and expenses incurred by a water industry entity in taking action under subsection (4) or (5) may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice. (7) Action taken by a water industry entity under this section may be taken on the entity's behalf by a water industry officer or another person authorised by the water industry entity for the purpose. (8) In any proceedings for an offence against this section, or for the recovery of costs and expenses under this section, it is a defence for the defendant to prove that he or she did not know, and could not by the exercise of reasonable diligence have ascertained, the position of any water/sewerage infrastructure (if relevant). (9) This section does not apply in any circumstances excluded from the operation of this section by the regulations. 50—Protection of infrastructure and equipment (1) A person must not, without lawful authority— (a) attach any equipment or other thing, or make any connection, to water/sewerage infrastructure; or (b) interfere with— (i) the collection, storage, production, treatment, conveyance, reticulation or supply of water through the use of water infrastructure; or (ii) the collection, storage, treatment, conveyance or reticulation of sewage through the use of sewerage infrastructure; or (c) disconnect or interfere with any water/sewerage infrastructure, or any equipment associated with any water/sewerage infrastructure; or (d) damage any water/sewerage infrastructure, or any equipment associated with any water/sewerage infrastructure. (2) If a water industry entity believes on reasonable grounds that a person has acted in contravention of subsection (1)— (a) the water industry entity may, at any reasonable time, enter any land and carry out an inspection of any place; and (b) as it thinks fit (whether or not an inspection has taken place), after complying with any requirements prescribed by the regulations, disconnect, close, turn off or remove anything that has, in the opinion of the entity, been attached or used in connection with the contravention. (3) If any entry under subsection (2)(a) is refused or obstructed, a water industry entity may obtain a warrant under Part 10 to enter the land. (4) Action taken by a water industry entity under this section may be taken on the entity's behalf by a water industry officer or another person authorised by the water industry entity for the purpose. (5) A person must not, without lawful authority, pull up or remove any poles, stakes or other items driven into, or placed in or on, the ground for the purposes of carrying out any works associated with the construction, alteration, maintenance, management or removal of any water/sewerage infrastructure. (6) A person must not, without lawful authority, destroy or damage any works associated with the construction, alteration, maintenance, management or removal of any water/sewerage infrastructure. (7) If a water industry entity suffers loss as a result of a contravention of this section, the entity may recover compensation for the loss from a person guilty of the contravention— (8) For the purposes of this section, water/sewerage infrastructure includes a common drain (including a common drain upstream of a connection point). 51—Notice of work that may affect water/sewerage infrastructure (1) A person who proposes to do work near water/sewerage infrastructure must give the relevant water industry entity at least 14 days notice of the proposed work if— (a) there is a risk of equipment or a structure coming into dangerous proximity to water/sewerage infrastructure; or (b) in the case of water infrastructure—there is a risk of the work affecting the quality of any water within, or reasonably likely to enter, the infrastructure; or (c) the work may interfere with water/sewerage infrastructure in some other way. (2) It is a defence to a charge of an offence against subsection (1) if, in the circumstances of an emergency, it is not practicable to give the notice required by subsection (1), and the notice is given as soon as practicable. (3) A person who does work near water/sewerage infrastructure must comply with— (a) requirements prescribed by regulation that are applicable to the work; and (b) reasonable requirements made by the water industry entity for the protection of the infrastructure or the safety of the persons carrying out the work. (4) If a water industry entity suffers loss as a result of a contravention of this section, the entity may recover compensation for the loss from a person guilty of the contravention— (5) This section does not apply in a case that is within the ambit of section 52. 52—Duty to give notice before paving a road etc (1) Before beginning— (a) to first lay the pavement or hard surface in any road; or (b) to relay the pavement or hard surface in any road; or (c) to widen or extend the pavement or hard surface in any road; or (d) to alter the level of any road; or (e) to construct or alter any footpaths, gutters, kerbing or water tables in any road; or (f) to construct or alter any drainage work in any road, in which there is any water/sewerage infrastructure, the person authorising or intending to do so must give the relevant water industry entity at least 14 days notice of the proposed work (being a notice that includes details of the nature and thickness of the pavement or hard surface proposed to be made or laid in any such work, and of any other work that is proposed to be undertaken). (2) The water industry entity must, within 14 days after receiving a notice, advise the person who gave the notice of any new water/sewerage infrastructure proposed in the relevant road and of any interference that is expected to be caused to the existing water/sewerage infrastructure. (3) If any work referred to in subsection (1) would involve any alteration to any water/sewerage infrastructure that is owned or operated by a water industry entity, the person who undertakes the work must, subject to subsection (5), pay to the entity— (a) unless paragraph (b) applies—half of the actual cost of the alteration or any damage caused by the work; (b) in prescribed circumstances—an amount determined under the regulations, and if the regulations prescribe an amount as the cost of any alteration, then that amount must be taken to be the cost of the alteration for the purposes of this subsection. (4) If an alteration to any water/sewerage infrastructure is of such a nature as to involve expense which in the opinion of the relevant water entity would be excessive, the entity may confer with the person authorised to do the work to determine whether any variations to the proposed work would be advantageous to the parties. (5) If any work referred to in subsection (1) would involve an alteration to any water/sewerage infrastructure and the relevant water industry entity considers that the infrastructure should be replaced or enlarged, the costs of all materials required for any such replacement or enlargement must, subject to the regulations, be borne by the water industry entity (but all other costs and charges will be payable in accordance with this section). (6) A water industry entity may, under an agreement between the entity and a person otherwise required to give notice under this section, waive the requirement to give such notice in relation to specified classes of work (and such an agreement may have effect according to its terms). 53—Unlawful abstraction, removal or diversion of water or sewage (1) A person must not, without proper authority— (a) abstract or divert water from any water infrastructure; or (b) abstract or divert any sewage from any sewerage infrastructure. Maximum penalty: $10 000 or imprisonment for 2 years. (2) A person must not install or maintain a pipe capable of conveying water beyond the boundaries of a site occupied by the person unless— (a) the person is a water industry entity; or (b) the person does so with the approval of a water industry entity that supplies water to the site; or (c) the person is authorised under the regulations or is acting in any prescribed circumstances. (3) If a water industry entity suffers loss as a result of a contravention of this section, the entity may recover compensation for the loss from a person guilty of the contravention— 54—Water meters (1) A person who is supplied with water by a water industry entity must, if required by the water industry entity— (a) allow a person authorised by the entity to enter land and fix a meter supplied by the relevant water industry entity; (b) ensure that a meter of a kind specified by the entity is fixed and used for purposes of measuring water supplied to the person. (2) If a meter is fixed under subsection (1)(a), a person supplied with water by the water industry entity must use the meter. (3) A requirement under subsection (1)(b) may, with the approval of the Commission or in prescribed circumstances, include a requirement that a person fix or use a meter supplied by the relevant water industry entity. (4) A person must comply with any direction or requirement of a water industry entity with respect to the installation or use of a meter required or supplied by the entity under subsection (1) or (3). (5) The regulations may prescribe exceptions to the operation of a preceding subsection. (6) A person must not, without proper authority, open, remove, alter, repair or interfere with a meter or other equipment for measuring the amount of water supplied by a water industry entity. (7) A person must not, without proper authority, install, operate or use any pipe or other equipment to by‑pass a meter installed for measuring the amount of water supplied by a water industry entity. (8) If, in proceedings for an offence against subsection (6) or (7) it is proved that any equipment has been installed or any other act done, without proper authority, the apparent purpose of which is to abstract or divert water to any particular land or place or to affect the proper measurement of water supplied to any particular land or place, it will be presumed, in the absence of proof to the contrary, that the occupier of the land or place installed the equipment or did the other act with that purpose. (9) The owner or occupier of land on which a meter or an associated fitting is situated must ensure that access to the meter or fitting for the purposes of reading, replacement, repair or maintenance is not obstructed. (10) If a person fails to comply with subsection (9), a water industry entity may serve written notice on the person requiring him or her to take such action as is specified in the notice to provide access to the meter or fitting. (11) If a person on whom notice has been served under subsection (10) fails to comply with the notice within 1 month, the water industry entity or a person authorised by the water industry entity may enter the land and take such action (including altering the position of the meter or fitting) as the water industry entity thinks fit to provide access to the meter or fitting. (12) If a water industry entity suffers loss as a result of a contravention of this section, the entity may recover compensation for the loss from a person found guilty of the contravention— (13) If a water industry entity incurs costs as a result of taking action under subsection (11), the entity may recover those costs as a debt by action in a court of competent jurisdiction. 55—Discharge of unauthorised material into water infrastructure (1) A person must not, without proper authority, discharge any solid, liquid or gaseous material, or any other item or thing, into any water infrastructure. (2) Subsection (1) does not apply in any circumstances excluded from the operation of this section by the regulations. (3) If a water industry entity suffers loss as a result of a contravention of this section, the entity may recover compensation for the loss from a person found guilty of the contravention— 56—Discharge of unauthorised material into sewerage infrastructure (1) A person must not, without proper authority, discharge into any sewerage infrastructure any solid, liquid or gaseous material, or any other item or thing that is likely to damage the infrastructure. (2) Subsection (1) does not apply in any circumstances excluded from the operation of that subsection by the regulations. (3) Furthermore, a water industry entity may, in relation to any sewerage infrastructure operated by the entity— (a) on application by any person, authorise the person to discharge waste material referred to in the authorisation into the infrastructure; or (b) as part of a contract in relation to the provision of a sewerage service, authorise a person to discharge waste material referred to in the contract into the infrastructure. (4) A person must not— (a) discharge any solid, liquid or gaseous material, or any other item or thing, prescribed by the regulations without an authorisation under this section; or (b) discharge any solid, liquid or gaseous material, or any other item or thing, contrary to a contract in relation to the provision of a sewerage service; or (c) act in a manner contrary to an authorisation under this section. (5) A person must not, without the authorisation of the relevant water industry entity, cause, permit or allow any rainwater, stormwater or surface water to flow into, or to otherwise enter, any sewerage infrastructure. (6) Subsection (5) does not apply in any circumstances excluded from the operation of that subsection by the regulations. (7) A water industry entity may attach such conditions to an authorisation under this section as the entity thinks fit and may vary or revoke the authorisation at any time. (8) It will be a defence to a prosecution for an offence against subsection (1), (4) or (5) for the defendant to prove that the person who discharged the material concerned did so in accordance with an authorisation under this section and that the authorisation was in force and applied for the defendant's benefit at that time. (9) The reasonable costs and expenses incurred by a water industry entity in addressing any damage or loss caused as a result of, or in remedying circumstances caused by, a contravention of this section may be recovered by the water industry entity as a debt from the person in contravention of this section. 57—Work to be carried out by owner at requirement of water industry entity with respect to sewerage infrastructure (1) In order— (a) to provide for the proper treatment (including the deodorising) of waste material before it is discharged from land into a drain connected to any sewerage infrastructure; or (b) to prevent the discharge of rainwater, stormwater or surface water into any sewerage infrastructure or to prevent the discharge into any sewerage infrastructure of waste material that has been prescribed as water material that may not be discharged into any sewerage infrastructure or that is, in the opinion of the relevant water industry entity, likely to damage or be detrimental to any sewerage infrastructure, the relevant water industry entity may, by notice in writing served on the owner or occupier of the land, require the owner or occupier, within the time stated in the notice, to carry out work specified in the notice. (2) A notice referred to in subsection (1) may require the person on whom it is served to— (a) install or construct in such locations as are specified in the notice; (b) connect to the infrastructure; (c) alter or replace; (d) maintain, repair or cleanse; (e) remove, block or disconnect, such drains, equipment or works as are specified in the notice in the manner specified in the notice or take other action specified in the notice. (3) The water industry entity may vary or revoke a notice referred to in subsection (1) by a subsequent notice in writing served on the owner or occupier of the land. (4) A person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice. (5) If the requirements of a notice under this section are not complied with, the relevant water industry entity may take any action required by the notice. (6) Action taken by a water industry entity under subsection (5) may be taken on the entity's behalf by a water industry officer or another person authorised by the water industry entity for the purpose. (7) A person taking action under subsection (6) may enter any relevant land at any reasonable time. (8) The reasonable costs and expenses incurred by a water industry entity in taking action under subsection (6) or (7) may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice. 58—Power to disconnect drains or to restrict services (1) If a water industry entity has grounds to believe that material— (a) is being discharged from land into sewerage infrastructure in contravention of this Division; or (b) has been discharged from land into sewerage infrastructure in contravention of this Division and that it is likely that a similar contravention will occur in the future, the entity may, after complying with any requirement prescribed by the regulations, close off or disconnect from the sewerage infrastructure 1 or more drains on the land that are connected to the infrastructure or restrict the provision of any sewerage service to the land. (2) Before reopening or reconnecting a drain closed off or disconnected under this section, the water industry entity may require the owner or occupier of the relevant land to pay the prescribed fee. Division 2—Protection and use of water supply 59—Power to restrict or discontinue water supply (1) If a water industry entity believes on reasonable grounds— (a) — (i) that the quantity of water available for supply by the entity is, or is likely to be, insufficient to meet the demands of the persons to whom it is required to supply water (either because of a reduction in the quantity of water available or an increase in demand); or (ii) that the quantity or quality of water available for supply by the entity is, or is likely to be, below a standard set or adopted by the entity for the purposes of this subsection, or prescribed by the regulations; or (iii) that the capacity of any water infrastructure is, or is likely to be, insufficient to cope with existing or anticipated demand; and (b) that action under this subsection is justified in the circumstances, the entity may, after complying with any requirements prescribed by the regulations, exercise 1 or more of the powers specified under subsection (3). (2) A requirement prescribed by the regulations under subsection (1) may include 1 or more of the following: (a) that the water industry entity not act without obtaining the approval of the Minister or the Commission; (b) that the water industry entity comply with any process or procedure before acting under this subsection; (c) that the water industry entity consult in a manner specified by the regulations; (d) that the water industry entity review any action taken under this section in accordance with any requirements specified by the regulations; (e) that the water industry entity provide reports to the Minister or the Commission in accordance with any requirements specified by the regulations, the Minister or the Commission. (3) The following powers are specified under this subsection, namely, that the water industry entity may: (a) lessen the supply of water through any infrastructure (to such extent and in such manner as the entity thinks fit); (b) prohibit the use of water in a specified purpose or purposes, or restrict or regulate the purposes for which water can be used; (c) 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; (d) prohibit specified uses of water during specified periods, or restrict or regulate the times at which water may be used; (e) for such time or times as the entity thinks proper, discontinue the supply of water. (4) A requirement under subsection (3) may provide that a specified activity involving the use of water cannot occur without the authority of a permit issued by the water industry entity in accordance with the regulations. (5) A prohibition or notice under subsection (3)— (a) must be imposed by a notice published or served in accordance with any requirements prescribed by the regulations; and (b) may be varied or revoked in accordance with any requirements prescribed by the regulations. (6) A person who contravenes or fails to comply with a notice under this section is guilty of an offence. 60—Power to require the use of devices to reduce flow (1) If a water industry entity believes on reasonable grounds that action under this section is justified in the circumstances to supply water during periods of high demand, the entity may serve notice under this section on the owner or occupier of land that is connected to water infrastructure operated by the entity. (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 (including at a point on the customer's side of any connection point) to enable the flow in the pipes on the land that are connected to the infrastructure 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. (5) If the requirements of a notice under this section are not complied with, the water industry entity may install a flow reducing device to reduce the flow in the pipes on the relevant land notwithstanding that this reduction in flow will operate continuously instead of during the periods specified in the notice. (6) The reasonable costs and expenses incurred by a water industry entity in taking action under subsection (5) may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice. 61—Power to test and protect water (1) An authorised entity may, at any reasonable time, enter and remain on land— (a) to test any water that constitutes, or is reasonably likely to constitute, water to be supplied in connection with the provision of water services under this Act; or (b) to avert, eliminate or minimise any risk, or perceived risk, to any water that constitutes, or is reasonably likely to constitute, water to be supplied in connection with the provision of water services under this Act; or (c) in the event that it appears that water that constitutes, or is reasonably likely to constitute, water to be supplied in connection with the provision of water services under this Act, has been adversely affected, or is reasonably likely to be adversely affected, by any circumstance—to take action to address that situation. (2) For the purposes of this section— (a) testing under subsection (1)(a) may include taking samples of any water; and (b) action taken under subsection (1)(b) or (c) may constitute such action as the authorised entity thinks fit, including by removing anything from any water or any other place; and (c) action may be taken under this section whether or not the water is located in any infrastructure. (3) Subject to this section, if an authorised entity seeks to enter land under this section, the entity must give prior written notice to the occupier of the land stating the reason and the date and time of the proposed entry. (4) The period of notice under subsection (3) must be reasonable. (5) If the proposed entry is refused or obstructed, an authorised entity may obtain a warrant under Part 10 to enter the land. (6) In an emergency, an authorised entity may exercise a power of entry under this section— (a) at any time and without prior notice if it is not practicable to give such notice; and (b) if necessary in the circumstances, by the use of reasonable force. (7) When a person enters land under this section, the person— (a) may be accompanied by such assistants as the person considers necessary or appropriate; and (b) may take any vehicles or equipment the person considers necessary or appropriate for the functions the person is to carry out on the land. (8) A person acting under this section must be accompanied by a police officer— (a) when entering a place under a warrant; or (b) if it is practicable to do so, when entering a place by force in an emergency. (9) A person acting under this section must comply with any requirements specified by the Minister from time to time by notice published in the Gazette for the purposes of this section. (10) The reasonable costs and expenses incurred by an authorised entity in taking action under subsection (1)(b) or (c) may be recovered by the entity as a debt from the person who caused the circumstances that gave rise to the need to take the action. (11) This section does not limit a power that may be exercised under another provision of this Act. (12) In this section— authorised entity means— (a) an authorised officer; or (b) a water industry officer holding an authorisation granted by the Minister for the purposes of this section. Division 3—Powers in relation to infrastructure and installations 62—Entry to land and related powers (1) A water industry officer for a water industry entity may, at any reasonable time, enter and remain in a place to which a water service or a sewerage service is or has been supplied by the use of water/sewerage infrastructure operated by the entity— (a) to inspect any infrastructure, equipment or other thing installed or used in connection with the supply, use or storage of water or the collection or removal of sewage (including on the customer's side of any connection point); or (b) without limiting paragraph (a), to read, or check the accuracy of, a meter for measuring the supply of water; or (c) to install, repair or replace any infrastructure, meter, equipment or works (including where the infrastructure, meter, equipment or works have been installed by another person or are located on the customer's side of any connection point); or (d) to investigate suspected theft of water; or (e) without limiting a preceding paragraph—to investigate whether there has been a contravention of Division 1 or 2; or (f) without limiting a preceding paragraph— (i) to see whether a hazard exists in connection with any infrastructure, equipment, works or other thing; or (ii) to take action to prevent or minimise any hazard in connection with the supply, use or storage of water or the collection or removal of sewage; or (iii) to open or reconnect any infrastructure or equipment, or to remove any equipment; or (g) to take samples of any water or other material in any infrastructure, equipment or works, or on any land; or (h) to exercise any other power prescribed by the regulations. (2) In an emergency, a water industry officer may exercise a power of entry under this section at any time, and if necessary in the circumstances, by the use of reasonable force. (3) When a water industry officer enters a place under this section, the water industry officer— (a) may be accompanied by such assistants as the water industry officer considers necessary or appropriate; and (b) may take any vehicles or equipment the water industry officer considers necessary or appropriate for the functions the water industry officer is to carry out in the place. (4) A water industry officer must, if it is practicable to do so, be accompanied by a police officer when entering a place by force in an emergency. (5) A water industry officer may, if in his or her opinion it is necessary or desirable, excavate land for the purposes of an inspection, to perform any work or to take or obtain any sample. (6) This section does not limit a power that may be exercised under another provision of this Act. 63—Disconnection etc if entry refused (1) If a water industry officer seeks to enter a place under this Part and entry is refused or obstructed, the water industry officer may, by written notice to the occupier of the place, ask for consent to entry by the water industry officer. (2) The notice must state the reason and the date and time of the proposed entry. (3) If entry is again refused or obstructed, the water industry entity may— (a) if it is possible to do so—disconnect the supply of water to the place, or the collection of sewage from the place, or restrict the supply of services to that place, without entering the place; or (b) if it is not possible to act under paragraph (a) without entering the place—obtain a warrant under Part 10 to enter the place for the purpose of making a disconnection or restriction envisaged under paragraph (a), and then enter the place under the warrant and take the relevant action. (4) A water industry officer may not enter a place under a warrant unless accompanied by a police officer. (5) The water industry entity must restore a connection if— (a) the occupier— (i) consents to the proposed entry; and (ii) pays the appropriate reconnection fee; and (b) it is safe to restore the connection; and (c) there is no other lawful ground for refusing to restore the connection. 64—Disconnection in an emergency A water industry entity may, without incurring any liability, cut off the supply of water to any region, area, land or place if it is, in the entity's opinion, necessary to do so to avert danger to any person or property. 65—Special legislation not affected Nothing in this Act affects the exercise of any power, or the obligation of a water industry entity to comply with any direction, order or requirement, under the Emergency Management Act 2004, Environment Protection Act 1993, Essential Services Act 1981, Fire and Emergency Services Act 2005 or the South Australian Public Health Act 2011.

Part 7—Technical and safety issues 66—Standards (1) The Technical Regulator may, by notice in the Gazette, publish standards— (a) relating to the design, manufacture, installation, inspection, alteration, repair, maintenance (including cleaning), removal, disconnection or decommissioning of— (i) any infrastructure that is used, or is capable of being used, in the water industry; or (ii) any equipment connected to, or any equipment, products or materials used in connection with, any infrastructure that is used, or is capable of being used, in the water industry (including on the customer's side of any connection point); or (b) relating to plumbing, including plumbing work or any equipment, products or materials used in connection with plumbing; or (c) providing for any other matter that this Act may contemplate as being dealt with or administered by a standard prepared or published by the Technical Regulator. (2) Without limiting subsection (1), a standard may— (a) specify the nature and quality of the materials from which infrastructure or equipment must be constructed; and (b) specify the design and size of any pipes or other equipment that may be connected to any infrastructure or used in connection with plumbing; and (c) specify requirements in relation to the construction, installation or positioning of any infrastructure or equipment; and (d) specify the number of pipes and other equipment that may be connected to any infrastructure or device; and (e) specify the position of pipes and other equipment connected to any infrastructure or device; and (f) specify requirements with respect to any products or materials used in connection with any infrastructure or plumbing; and (g) specify the procedures to be followed when installing, inspecting, replacing, altering, repairing, maintaining, removing, disconnecting or decommissioning any infrastructure or equipment; and (h) specify requirements relating to the operation, testing or approving of any infrastructure, equipment, products or materials; and (i) specify examination and testing requirements; and (j) specify performance or other standards that must be met by any infrastructure, equipment, products or materials (and, in doing so, specify methodologies or other processes or criteria for assessing compliance with those standards, including as to the efficiency, impact or effectiveness of any infrastructure, equipment, products or materials); and (k) provide for any other matter prescribed by the regulations. (3) The Technical Regulator may, by further notice in the Gazette, vary or revoke a standard published under subsection (1) (and, as the Technical Regulator thinks fit, publish new or substitute standards). (4) A standard published by the Technical Regulator may— (a) be of general or limited application; and (b) provide that a matter or thing in respect of which the standard applies is to be determined according to the discretion of the Technical Regulator, or any other person determined or approved by the Technical Regulator; and (c) provide for exemptions to be granted (with or without conditions) by the Technical Regulator, or any other person authorised by the Technical Regulator; and (d) apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the standard as in force from time to time or as in force at a specified time. (5) If a code, standard or other document is applied, adopted or incorporated in a standard— (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Technical Regulator; and (b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Technical Regulator as a true copy of the code, standard or other document. (6) The Minister must, within 14 sitting days after the publication of a standard, or the variation of a standard, cause a copy of the standard or the variation (as the case may be) to be laid before both Houses of Parliament. (7) If either House of Parliament— (a) passes a resolution disallowing a standard laid before it under subsection (6), then the standard ceases to have effect; (b) passes a resolution disallowing a variation laid before it under subsection (6), then the variation ceases to have effect (and the relevant standard will, from that time, apply as if it has not been varied by that variation). (8) A resolution is not effective for the purposes of subsection (7) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the standard or variation (as the case may be) is laid before the House. (9) If a resolution is passed under subsection (7), notice of that resolution must forthwith be published in the Gazette. (10) Subsections (6), (7) and (8) do not apply— (a) to the variation of a standard if the Minister certifies, on the advice of the Technical Regulator, that the variation constitutes a minor variation to an existing standard (including a standard that has adopted a national code or standard prepared by another body or authority); or (b) in any other circumstance prescribed by the regulations. 67—Performance of regulated work (1) Any work to which this subsection applies must be carried out by a person with qualifications or experience recognised by regulations made for the purposes of this section. (2) A person to whom this subsection applies who carries out specified work— (a) in relation to any infrastructure that is used in the water industry; or (b) in relation to any equipment connected to, or used in connection with, any infrastructure that is used in the water industry (including on the customer's side of any connection point); or (c) without limiting paragraph (b)—in connection with plumbing (including on the customer's side of any connection point), must ensure that— (d) the work is carried out as required by a standard published under this Part; and (e) examinations and tests are carried out as required by standards published under this Part. (3) A standard published by the Technical Regulator under this Part may— (a) specify work to which subsection (1) applies; and (b) specify persons to whom subsection (2) applies. 68—Responsibilities of water industry entity (1) A water industry entity must, in relation to— (a) any infrastructure used by the entity in the water industry; or (b) any equipment connected to, or any equipment, products or materials used in connection with, any infrastructure used by the entity in the water industry, take reasonable steps to ensure that— (c) the infrastructure, equipment, products or materials comply with, and are used in accordance with, technical and safety requirements specified by— (i) standards published under this Part; and (ii) any other technical or safety requirements or standards specified from time to time by the Technical Regulator; and (d) the infrastructure, equipment, products or materials are safe and in good working order. (2) Without limiting subsection (1), the Technical Regulator may, at any time and as the Technical Regulator thinks fit, require a water industry entity— (a) to prepare and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation in accordance with any requirements specified by the Technical Regulator; and (b) to obtain the approval of the Technical Regulator to the plan and any revision; and (c) to comply with the plan as approved from time to time; and (d) to audit from time to time the entity's compliance with the plans and report the results of those audits to the Technical Regulator. (3) A water industry entity must not, without reasonable excuse, fail to comply with a requirement under subsection (2). 69—Responsibilities of customers (1) A customer who is supplied with a retail service must— (a) ensure that any equipment located on his or her premises that is relevant to the operation of that service (being equipment located on the customer's side of the connection point) complies with any relevant technical or safety requirements and is kept in good repair; and (b) take reasonable steps to prevent— (i) any water running to waste on the premises; or (ii) any waste material that should be discharged into a sewerage system to escape. (2) For the purposes of ensuring under this section that any equipment complies with any technical or safety requirements, a person may, subject to the regulations, rely on any certificate of compliance issued under a scheme (if any or if relevant) established or approved by the Technical Regulator for the purposes of this Part. (3) If a person fails to comply with subsection (1), the Technical Regulator or the water industry entity providing the service may disconnect the supply of water to the place, or the collection of sewerage from the place, or restrict the supply of services to that place. (4) If an authorised officer or a water industry officer seeks to enter a place for the purposes of taking action under subsection (3) and entry is refused, the authorised officer or water industry officer may do so under a warrant under Part 10. (5) An authorised officer or a water industry officer may not enter a place under a warrant unless accompanied by a police officer. 70—Prohibition of sale or use of unsuitable items (1) If, in the Technical Regulator's opinion, a particular component or component of a particular class is, or is likely to become, unsuitable for use in connection with the supply of water or the removal or treatment of sewerage, the Technical Regulator may prohibit the sale or use (or both sale and use) of the component or components of the relevant class. (2) If, in the Technical Regulator's opinion, a particular component or component of a particular class is, or is likely to become, unsuitable for use in connection with the supply of water or the removal or treatment of sewerage, the Technical Regulator may require traders who have sold the component in the State— (a) to take specified action to recall the component from use; and (b) — (i) to take specified action to render the component suitable for use; or (ii) if it is not practicable to render the component suitable for use or the trader chooses not to do so—to refund the purchase price on return of the component. (3) A prohibition or requirement is imposed under this section— (a) by notice in writing given personally or by post to the person to whom it is addressed; or (b) if addressed to a class of persons, or the public generally—by public notice, and may be varied or revoked in the same way. (4) A person must not contravene or fail to comply with a prohibition or requirement under this section. (5) The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with the exercise of a power under this section if the Technical Regulator considers that urgent action is required. (6) In this section— component means a component for any infrastructure, equipment, product or material used in or in connection with the water industry or in connection with plumbing. 71—Public warning statements about unsuitable components, practices etc (1) The Technical Regulator may, if satisfied that it is in the public interest to do so, make a public statement identifying and giving warnings or information about any of the following: (a) components for any relevant equipment that, in the opinion of the Technical Regulator, are or are likely to become unsuitable for use and persons who supply the components; (b) uses of relevant equipment or components for relevant equipment, or installation practices, that, in the opinion of the Technical Regulator, are unsuitable; (c) uses of products or materials that, in the opinion of the Technical Regulator, are unsuitable; (d) any other practices or circumstances associated with relevant equipment or components for relevant equipment. (2) A statement under subsection (1) may identify particular equipment, components, services, practices and persons. (3) Neither the Technical Regulator nor the Crown incurs any liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under this section. (4) No liability is incurred by a person for publishing in good faith— (a) a statement referred to in subsection (3); or (b) a fair report or summary of such a statement. (5) The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with the exercise of a power under this section if the Technical Regulator considers that urgent action is required. (6) In this section— relevant equipment means any equipment that may be used in connection with any infrastructure used in or in connection with the water industry or in connection with plumbing (including on the customer's side of any connection point).

Part 8—Enforcement Division 1—Appointment of authorised officers 72—Appointment of authorised officers (1) The Minister may appoint a person to be an authorised officer. (2) An authorised officer may (but need not be) a Public Service employee. (3) An authorised officer may be assigned to assist 1 or more of— (a) the Minister; (b) the Commission; (c) the Technical Regulator, as the Minister considers appropriate. (4) An authorised officer will, in the performance of functions and the exercise of powers, be subject to control and direction by an entity referred to in subsection (3) under a scheme established by the Minister after consultation with the Commission and the Technical Regulator. 73—Conditions of appointment (1) An authorised officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position. (2) An authorised officer holds office on the conditions stated in the instrument of appointment. (3) An authorised officer may resign by written notice given to the Minister. (4) An authorised officer may be removed from office by the Minister. 74—Identity cards (1) An authorised officer must be issued with an identity card in a form approved by the Minister— (a) containing a photograph of the person taken for the purpose; and (b) stating that the person is an authorised officer for the purposes of this Act; and (c) containing any other information determined by the Minister for the purposes of this section. (2) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued). (3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card (unless the identity card is yet to be issued). Division 2—General powers of authorised officers 75—Power of entry (1) An authorised officer may, as reasonably required for the purposes of the administration or enforcement of this Act, enter and remain in any place. (2) When an authorised officer enters a place under this section, the authorised officer— (a) may be accompanied by such assistants as the authorised officer considers necessary or appropriate; and (b) may take any vehicles or equipment the authorised officer considers necessary or appropriate for the functions the authorised officer is to carry out in the place. (3) An authorised officer may use reasonable force to enter a place under this Part if— (a) the entry is authorised under a warrant under Part 10; or (b) the entry is necessary in an emergency. (4) An authorised officer must be accompanied by a police officer— (a) when entering a place under a warrant; or (b) if it is practicable to do so, when entering a place by force in an emergency. 76—Inspection powers (1) An authorised officer who enters a place under this Part may— (a) ask questions of any person found in the place; and (b) inspect, examine or test any infrastructure, plumbing, equipment, product, materials or other thing, or any substance, located or found at the place; and (c) require any person to state his or her full name and address and to produce evidence of his or her identity; and (d) take and remove samples of any substance or other thing found or located at the place; and (e) require any person to produce any plans, specifications, books, papers or documents; and (f) examine, copy and take extracts from any plans, specifications, books, papers or documents; and (g) take photographs, films or video recordings; and (h) take measurements, make notes and carry out tests; and (i) disconnect, close, turn off or remove any infrastructure or equipment; and (j) open or reconnect any infrastructure or equipment; and (k) remove any substance or object that may constitute evidence of the commission of an offence against this Act; and (l) exercise any other power prescribed by the regulations. (2) If an authorised officer takes possession of an object that may be evidence of an offence— (a) the authorised officer must give the occupier of the place a receipt for the object; and (b) the object must be returned to its owner— (i) if proceedings for an offence are not commenced within 6 months after the authorised officer takes possession of the object—at the end of that period; or (ii) if such proceedings are commenced within that period—on completion of the proceedings, unless the court, on application by the Minister, Commission or Technical Regulator, orders confiscation of the object. (3) A court may order the confiscation of an object of which an authorised officer has taken possession under subsection (1) if of the opinion that the object has been used for the purpose of committing an offence or there is some other proper reason for ordering its confiscation. (4) If the court orders the confiscation of an object, the Minister, the Commission or Technical Regulator may dispose of the object. (5) A person who— (a) having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or (b) being the person in charge of a place subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance, is guilty of an offence. Division 3—Specific powers in relation to infrastructure and equipment 77—Disconnection of supply (1) If an authorised officer finds that water is being supplied or consumed contrary to this Act, the authorised officer may disconnect the water supply. (2) If an authorised officer disconnects a water supply under this section, the officer must give written notice to the occupier of the relevant place— (a) informing the occupier that the water supply has been disconnected under this section; and (b) directing that the water supply must not be reconnected until arrangements have been made to the satisfaction of an authorised officer to ensure against future contravention of this Act. (3) If a water supply has been disconnected under this section, a person must not reconnect the water supply, or have it reconnected, without the approval of an authorised officer. 78—Power to make infrastructure etc safe (1) If an authorised officer finds any water/sewerage infrastructure or any equipment, product or materials unsafe, the authorised officer may— (a) disconnect the supply of water to the place, or the collection of sewerage from the place, or give a direction requiring any such disconnection; (b) restrict the provision of any service; (c) give a direction requiring the carrying out of work necessary to make the infrastructure, equipment, product or materials safe before any reconnection is made. (2) Subject to this section, a direction under this section must be given— (a) in relation to water/sewerage infrastructure—to the water industry entity that operates the infrastructure; (b) in relation to any equipment, product or materials—to the person in charge of the equipment, product or materials or the occupier of the place in which the equipment, product or materials are installed or located. (3) A direction under this section may be given by written notice or, if the authorised officer is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing). (4) A person to whom a direction is given under this section— (a) must comply with the direction; and (b) if relevant, must not reconnect or permit the reconnection of the water supply or sewerage infrastructure (as the case may be) unless the work required by the direction under this section has been carried out, or an authorised officer approves the reconnection. Division 4—Related matters 79—Power to require information or documents (1) An authorised officer may require a person to provide information in the person's possession relevant to the administration or enforcement of this Act. (2) An authorised officer may require a person to produce documents in the person's possession that may be relevant to the administration or enforcement of this Act for inspection by the authorised officer. (3) A person must not, without reasonable excuse, fail to comply with a requirement under this section. (4) This section does not limit the operation of any other provision of this Act. 80—Enforcement notices (1) An authorised officer may issue a notice (an enforcement notice) under this section for the purpose of securing compliance with a requirement imposed by or under this Act (including a standard issued under Part 7). (2) A notice under this section— (a) subject to subsection (3), must be in the form of a written notice served on the person to whom it is issued; and (b) must specify the person to whom it is issued (whether by name or by a description sufficient to identify the person); and (c) may direct 2 or more persons to do something specified in the notice jointly; and (d) without limiting any other provision, in the case of a notice that relates to a situation existing on any premises, may be issued to any person who— (i) is the owner or occupier of the premises; or (ii) has the management or control of the premises; and (e) without limiting any other provision, may be issued to any person who has performed, or is performing, any work (including work on any premises owned or occupied by another person); and (f) must state the grounds on which the notice is issued; and (g) may impose any requirement reasonably required for the purpose for which the notice is issued including 1 or more of the following: (i) a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from a relevant authority; (ii) a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances; (iii) a requirement that the person comply with any specified standard or code published by the Technical Regulator or any other specified person or body referred to in the notice; (iv) a requirement that the person undertake specified tests or monitoring; (v) a requirement that the person furnish to a relevant authority specified results or reports; (vi) a requirement prescribed by the regulations; and (h) must state that the person may, within 14 days, apply for a review of the notice under the provisions of this Act and the South Australian Civil and Administrative Tribunal Act 2013. (3) An authorised officer may, if of the opinion that urgent action is required, issue an emergency notice imposing a requirement of a kind referred to in subsection (2)(g) as reasonably required in the circumstances. (4) An emergency enforcement notice may be issued orally (and without compliance with a requirement to give preliminary notice) but, in that event, the person to whom the notice is issued must be advised forthwith of the person's right to apply to the Tribunal for a review of the order. (5) If an emergency enforcement notice is issued by an authorised officer, the notice will cease to have effect on the expiration of 72 hours from the time of issuing unless confirmed by a written notice served on the relevant person. (6) An authorised officer may, by written notice served on a person to whom a notice under this section has been issued, vary or revoke the notice. (7) A relevant authority may, by written notice served on a person to whom a notice under this section has been issued by the relevant authority, vary or revoke the notice. (8) A person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice. (9) A person must not hinder or obstruct a person complying with a notice under this section. (10) If the requirements of a notice under this section are not complied with, a relevant authority may take any action required by the notice. (11) Action to be taken by a relevant authority under subsection (10) may be taken on the relevant authority's behalf by an authorised officer or another person authorised by the relevant authority for the purpose. (12) A person taking action under subsection (10) or (11) may enter any premises at any reasonable time. (13) The reasonable costs and expenses incurred by a relevant authority in taking action under subsections (10) and (11) may be recovered by the relevant authority as a debt from the person who failed to comply with the requirements of the notice. (14) If an amount is recoverable from a person by a relevant authority under this section, the relevant authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid. (15) In this section— relevant authority means— (c) the Technical Regulator. 81—Self‑incrimination A natural person is not required to give information or produce a document under this Part if the answer to the question or the contents of the document would tend to incriminate the person of an offence. 82—Warning notices and assurances (1) If it appears to the Commission that a person has contravened a provision of Part 4, the Commission may issue a warning notice to the person— (a) informing the person that the Commission considers that the contravention has occurred; and (b) providing the person with the option— (i) to the extent that the contravention is capable of being rectified—to take action specified in the notice to rectify the contravention within the period specified in the notice; and (ii) to give the Commission an assurance, in the terms specified in the notice, and within the period specified in the notice, that the person will avoid a future such contravention. (2) If it appears to the Technical Regulator that a person has contravened a provision of Part 7, the Technical Regulator may issue a warning notice to the person— (a) informing the person that the Technical Regulator considers that the contravention has occurred; and (b) providing the person with the option— (i) to the extent that the contravention is capable of being rectified—to take action specified in the notice to rectify the contravention within the period specified in the notice; and (ii) to give the Technical Regulator an assurance, in the terms specified in the notice, and within the period specified in the notice, that the person will avoid a future such contravention. (3) A warning notice issued under this section, and an assurance given under this section, must be in writing. (4) The action that may be specified in a warning notice to rectify a contravention may include action to remedy adverse consequences of the contravention, for example (without limitation)— (a) the refunding of an amount wrongly paid to the person as a result of the contravention; or (b) the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or (c) the disclosure of information; or (d) the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention. (5) The Commission or the Technical Regulator may, by written notice to a person, vary a warning notice issued to the person. (6) If— (a) the Commission or the Technical Regulator issues a warning notice to a person; and (b) the person— (i) fails to take action specified in the notice to rectify the contravention within the period specified in the notice; or (ii) fails to give the Commission or the Technical Regulator, as the case requires, an assurance in the terms specified in the notice within the period specified in the notice; or (iii) contravenes an assurance given by the person in response to the notice, then the Commission or the Technical Regulator may proceed against the person in respect of the contravention to which the notice relates (but if the person takes up the option provided by the notice, and does not fall within the ambit of paragraph (b), then the person is not liable to be prosecuted for the contravention). (7) In connection, with the operation of the preceding subsections— (a) the Commission must keep a register of warning notices issued by the Commission under this section, and a register of assurances given to the Commission under this section; and (b) the Technical Regulator must keep a register of warning notices issued by the Technical Regulator under this section, and a register of assurances given to the Technical Regulator under this section. (8) A person may, without payment of a fee, inspect a register kept under subsection (7). 83—Injunctions (1) If the District Court is satisfied, on the application of the Minister, the Commission, the Technical Regulator or any other person, that a person has engaged or proposes to engage in conduct that constitutes or would constitute a contravention of this Act, the Court may grant an injunction in such terms as the Court determines to be appropriate. (2) If the District Court is satisfied, on the application of the Minister, the Commission, or the Technical Regulator, that a person has engaged in conduct constituting a contravention of this Act, the Court may grant an injunction requiring that person to take specified action to remedy any adverse consequence of that conduct. (3) The action that may be required by an injunction to remedy adverse consequences of conduct constituting a contravention may include (without limitation)— (a) the refunding of an amount wrongly paid as a result of the contravention; or (b) the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or (c) the making good or restoration of any condition or situation; or (d) the disclosure of information; or (e) the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention. (4) An injunction may be granted by the District Court under this section— (a) in proceedings in which the Court convicts a person of an offence to which the application relates; or (b) in proceedings brought before the Court for the purpose of obtaining the injunction. (5) The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. (6) The power of the District Court to grant an injunction requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing. (7) An interim injunction may be granted under this section pending final determination of the application. (8) A final injunction may, by consent of the parties, be granted under this section without proof that proper grounds for the injunction exist. (9) Where the Minister, the Commission or the Technical Regulator applies for an injunction under this section, no undertaking as to damages will be required. (10) The Minister may give an undertaking as to damages or costs on behalf of some other applicant and, in that event, no further undertaking will be required. (11) An injunction under this section may be rescinded or varied at any time.

Part 9—Reviews 84—Review of decisions by Commission or Technical Regulator (1) Subject to this section, an application may be made to— (a) the Commission by an applicant for the issue or variation of the terms or conditions of a licence under Part 4, or for agreement to the transfer of such a licence, for review of a decision of the Commission to refuse the application; or (b) the Commission by a water industry entity for review of a decision of the Commission under Part 4 to suspend or cancel the entity's licence or to vary the terms or conditions of the entity's licence; or (c) the Technical Regulator by a person to whom a direction has been given under this Act by the Technical Regulator or an authorised officer for review of the decision to give the direction; or (d) the Technical Regulator by a person affected by the decision for review of a decision of an authorised officer or a water industry officer to disconnect or restrict a supply of water to a place, or the collection of sewage from a place, or to restrict the provision of a service. (2) An application may not be made under subsection (1) in relation to— (a) the exercise of a power of an authorised officer under Part 8 Division 2; or (b) a decision to issue an enforcement notice under Part 8 Division 4, or any matter associated with the requirements or enforcement of such a notice. (3) An application for review under this section must— (a) be in writing; and (b) set out the decision to which the application relates; and (c) set out in detail the grounds on which the applicant seeks review and the decision sought on the review; and (d) be accompanied by any information that the applicant considers should be taken into account by the Commission or the Technical Regulator on the review; and (e) be lodged with the Commission or the Technical Regulator— (i) in the case of a decision relating to a licence or application for a licence—within 10 working days after written notice of the decision is given to the water industry entity or applicant; (ii) in the case of a decision to a direction—within 10 working days after the direction is given; (iii) in the case of a decision to disconnect or restrict a service—within 10 working days after notice of the disconnection or restriction is given or, if notice is not given, within 10 working days after the service is disconnected or restricted. (4) The Commission or the Technical Regulator, as the case requires, may stay the operation of the decision to which the application relates. (5) A review must be decided within 4 weeks of the application being lodged. (6) If a review is not decided within that period, the Commission or the Technical Regulator, as the case requires, is to be taken to have confirmed the decision. (7) After considering the application, the Commission or the Technical Regulator, as the case requires, may confirm, amend or substitute the decision. (8) The Commission or the Technical Regulator must give the applicant written notice of the decision, and the reasons for the decision, on the review. 85—Review by Tribunal (1) An application may be made to the Tribunal by— (a) an applicant for review under section 84 who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review; or (b) a person to whom an enforcement notice has been issued under Part 8 Division 4, for a review of the decision or notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (2) An application for review must be made— (a) in the case of a review under subsection (1)(a)—within 14 days after receipt of the written notice of the decision of the Commission or the Technical Regulator on the review under section 84 or, if the Commission or the Technical Regulator failed to make a decision on the review within the allowed period, within 14 days after the end of that period; and (b) in the case of a review under subsection (1)(b)—within 14 days after the notice is issued to the relevant person. (3) For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, the water industry or the fields of commerce or economics. (4) In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors. (5) Section 37(1)(c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to a review by the Tribunal under subsection (1)(a). 86—Minister's power to intervene The Minister may intervene, personally or by counsel or other representative, in a review under this Part for the purpose of introducing evidence, or making submissions, on any question relevant to the public interest.