Part 10Miscellaneous

Part 10—Miscellaneous 87—Consumer Advocacy and Research Fund (1) The Consumer Advocacy and Research Fund is established. (2) The Fund must be kept as directed by the Treasurer. (3) The Fund consists of— (a) the amount of $250 000 (indexed) paid into the Fund on an annual basis (at a time determined by the Treasurer) from the total amount of annual licence fees payable under section 24 attributable to designated prescribed costs in any particular financial year; and (b) any money provided by Parliament for the purposes of the Fund; and (c) any income arising from investment of the Fund under subsection (4); and (d) any additional money that is paid into the Fund under a determination of the Treasurer; and (e) any other money that is required or authorised by another law to be paid into the Fund. (4) The Fund may be invested as approved by the Treasurer. (5) The Minister may apply the Fund— (a) to support research or advocacy that promotes the interests of consumers with a disability, low‑income consumers, or consumers who are located within a regional area of the State; or (b) to support projects that advance the interests of consumers from an advocacy perspective; or (c) in making any other payment required by another law to be made from the Fund; or (d) in payment of the expenses of administering the Fund. (6) The administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act must, on or before 30 September in each year, present a report to that Minister on the operation of the Fund during the previous financial year. (7) A report under subsection (6) may be incorporated into the annual report of the relevant administrative unit. (8) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after the report is received by that Minister. (9) The amount of $250 000 (indexed) referred to in subsection (3)(a) is to be adjusted on 1 July of each year (commencing on 1 July 2013) by multiplying that amount by a proportion obtained by dividing the Consumer Price Index for the immediately preceding March quarter by the Consumer Price Index for the March quarter, 2011. (10) In this section— Consumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics. 88—Minister's power to require information (1) The Minister may require the Commission, the Technical Regulator, a water industry entity or other person to give the Minister, within a time specified by the Minister (which must be reasonable), information in the person's possession that the Minister reasonably requires for the performance of the Minister's functions under this Act. (2) A person required to give information under this section must provide the information within the time specified by the Minister. 89—Delegation by Minister (1) The Minister may delegate a function or power conferred on the Minister 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 made subject to conditions or limitations specified in the instrument of delegation; and (b) does not derogate from the power of the Minister to act in a matter; and (c) is revocable at will by the Minister. (4) In any legal proceedings an apparently genuine certificate, purportedly given by the Minister, containing particulars of a delegation under this will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 90—Consultation between agencies (1) The following agencies must, insofar as they share common interests, consult with each other in connection with the operation and administration of this Act: (a) the Commission; (b) the Technical Regulator; (c) the Minister's Department; (d) the Health Department; (e) the Environment Protection Authority; (f) when an arbitrator has been appointed under Part 9A—the arbitrator. (2) The consultation under subsection (1) must be consistent with any requirement prescribed by the regulations. (3) This section does not derogate from the operation of sections 10 and 11 of the Essential Services Commission Act 2002. 91—Seizure and dismantling of infrastructure (1) Water/sewerage infrastructure cannot be seized and dismantled in execution of a judgment. (2) This section does not prevent the sale of infrastructure as a part of an ongoing concern in execution of a judgment. 92—Water conservation measures (1) For the purposes of this section, water conservation measures may do 1 or more of the following: (a) prohibit the use of water for a specified purpose or purposes, or restrict or regulate the purposes for which water can be used; (b) prohibit the use of water in a specified manner or by specified means, or restrict or regulate the manner in which, or the means by which, water may be used; (c) prohibit specified uses of water during specified periods, or restrict or regulate the times at which water may be used. (2) The Governor may, by regulation, introduce 1 or more water conservation measures. (3) Regulations under subsection (2) must be declared to be made— (a) for the purposes of taking action to provide for the better conservation, use or management of water (longer‑term measures); or (b) for the purposes of taking action on account of a situation, or likely situation, that, in the opinion of the Governor, has resulted, or is likely to result, in a decrease of the amount of water available within a particular area of the State (short‑term measures). (4) A regulation under subsection (2) will, unless it has already been revoked, expire— (a) in the case of a longer‑term measure—at the expiration of 5 years from the day on which it comes into operation; (b) in the case of a short‑term measure—at the expiration of 1 year from the day on which it comes into operation. (5) Before a regulation is made under subsection (2) the Minister should take reasonable steps to consult with persons who, in the opinion of the Minister, are appropriate representatives of groups who will be affected by the proposed regulation. (6) A regulation under this section may provide that a specified activity involving the use of water cannot occur except under the authority of an approval or permit issued by the Minister or another specified person or body in accordance with the regulations. (7) A regulation under this section may— (a) apply in relation to any water— (i) that forms part of the water resources of the State; or (ii) that is available for use within the State (including through a water reticulation system); (b) apply in relation to the whole or any part of the State; (c) apply any measure in relation to specified classes of persons or bodies, or generally; (d) specify conditions or provide for exemptions; (e) otherwise make different provision according to circumstances specified in the regulation. (8) The revocation or expiration of a regulation under this section does not prevent the making of another regulation that comes into operation on or after the revocation or expiry of the regulation. (9) A person who contravenes or fails to comply with a regulation under this section is guilty of an offence. 95—Immunity (1) No act or omission undertaken or made by a designated entity, or by another person acting under the authority of a designated entity, exercising or performing a power or function under this Act (including by discontinuing or disconnecting any service, taking action that may damage any land or property, or adversely affecting the use or enjoyment of any land or property) gives rise to any liability against the designated entity, person or the Crown. (2) Nothing done by a person in furnishing information to a designated entity in accordance with a requirement under this Act— (a) is to be regarded as placing the person in breach of contract or confidence or as otherwise making the person guilty of a civil wrong; or (b) is to be regarded as placing the person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument; or (e) gives rise to any right or entitlement to damages or compensation. (3) In this section— designated entity means— (c) the Technical Regulator; or (d) an authorised officer. 96—Impersonation of officials etc A person must not impersonate an authorised officer, a water industry officer or anyone else with powers under this Act. 97—Obstruction of officials etc (1) A person must not, without reasonable excuse, obstruct an authorised officer, a water industry officer, or anyone else engaged in the administration of this Act or the exercise of powers under this Act. (2) A person must not use abusive or intimidatory language to, or engage in offensive or intimidatory behaviour towards, an authorised officer, a water industry officer, or anyone else engaged in the administration of this Act or the exercise of powers under this Act. 98—Fire plugs (1) A water industry entity must, at the direction of the Minister, provide and maintain fire plugs, maintain various standards, and comply with any other requirements relating to the provision of water for fire‑fighting purposes, in accordance with any scheme determined by the Minister for the purposes of this section. (2) A scheme under subsection (1) may also require another person or body to make a contribution towards the costs incurred by a water industry entity in complying with the scheme (and any such requirement must be complied with by that person or body). 99—Report on installation of separate meters on properties (1) The Commission must undertake a cost benefit analysis of implementing a scheme designed to ensure, so far as is reasonably practicable, that— (a) all land— (i) that is owned by the South Australian Housing Trust or another agency or instrumentality of the Crown; and (ii) that is used for residential purposes; and (iii) that is supplied with water by a water industry entity as part of a reticulated water system; and (b) any other land the Commission determines to include in the analysis, will have a meter that records the amount of water supplied to that piece of land. (2) The scheme for the purposes of the analysis must address— (a) the fitting of meters to premises existing at the time of the publication of the report (insofar as meters are not fitted); and (b) the fitting of meters to premises constructed after the publication of the report. (3) The Commission must prepare and publish a report on the analysis by 30 June 2013. 100—Obstruction of works by occupiers An occupier of land must not— (a) refuse to allow an owner of the land to enter the land and take action to comply with any provision of this Act, or a requirement imposed under this Act; or (b) without reasonable excuse, obstruct an owner of the land who is taking action to comply with any provision of this Act, or a requirement imposed under this Act. 101—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished under this Act. (a) if the person made the statement knowing that it was false or misleading—$10 000 or imprisonment for 2 years; (b) in any other case—$5 000. 102—Offences (1) Proceedings for an offence against this Act must be commenced within 5 years of the date of the alleged offence. (2) Proceedings for an offence against this Act may be commenced by— (c) the Technical Regulator; or (d) an authorised officer; or (e) the Director of Public Prosecutions; or (f) a water industry entity authorised by the Minister; or (g) a water industry officer authorised by the Technical Regulator; or (h) a person acting with the authorisation in writing of the Minister. (3) An apparently genuine document purporting to be under the hand of the Minister or the Technical Regulator and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. (4) The following persons are authorised to give expiation notices for an alleged offence against this Act (in addition to any person authorised under the Expiation of Offences Act 1996): (a) any authorised officer authorised in writing by the Technical Regulator; (b) any water industry officer authorised in writing by the Technical Regulator. (5) An authorisation under subsection (4) may be given subject to such conditions or limitations as the Technical Regulator thinks fit. (6) An apparently genuine document purporting to be under the hand of the Technical Regulator and to give an authorisation under subsection (4) must be accepted, in the absence of proof to the contrary, as proof of the authorisation. 103—General defence (1) It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. (2) It is a defence to a charge of an offence against this Act if the defendant proves that the act or omission constituting the offence was reasonably necessary in the circumstances in order to avert, eliminate or minimise danger to person or property. (3) Subsection (1) does not apply in relation to a person who is charged with an offence under section 104. 104—Offences by bodies corporate (1) If a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that— (a) the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the director failed to exercise due diligence to prevent the commission of the offence. (3) Subsection (2) does not apply if the principal offence is an offence against section 11, 36, 39, 45, 49, 50(5), 50(6), 51, 53, 54, 56(5), 57, 59, 60, 69, 70, 76, 77, 78, 79, 80, 88, 92, 97, 100, 101, 108 or Schedule 2 Part 8. (4) The regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations. prescribed offence means an offence against section 18, 27, 67 or 68. 105—Continuing offences (1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission— (a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one‑tenth of the maximum penalty prescribed for that offence; and (b) is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one‑fifth of the maximum penalty prescribed for the offence. (2) If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement. 106—Order for payment of profit from contravention The court convicting a person of an offence against this Act may order the convicted person to pay to the Crown an amount not exceeding the court's estimation of the amount of any monetary, financial or economic benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence. 107—Statutory declarations If a person is required by or under this Act to furnish information to the Minister, Commission or Technical Regulator, the Minister, Commission or Technical Regulator may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Minister, Commission or Technical Regulator. 108—Power of exemption (1) The Commission may, with the approval of the Minister, grant an exemption from Part 4, or specified provisions of that Part, on terms and conditions the Commission considers appropriate. (2) Without limiting subsection (1), the power to exempt includes power to exempt a person from the application of a provision requiring the Commission to make a licence held by the person subject to a specified condition. (3) A person exempted from a requirement to hold a licence under Part 4 is, if the Commission has so determined by writing, to be treated as a water industry entity for the purposes of specified provisions of this or another Act. (4) Except as otherwise provided in the exemption, an exemption under subsection (1), or a determination under subsection (3), may be varied or revoked by the Commission by notice in writing. (5) The Technical Regulator may grant an exemption from Part 7, or specified provisions of that Part, on terms and conditions the Technical Regulator considers appropriate. (6) Except as otherwise provided in the exemption, an exemption under subsection (5) may be varied or revoked by the Technical Regulator by notice in writing. (7) The Minister may grant an exemption from any provision of this Act, other than under Part 4, on terms and conditions the Minister considers appropriate. (8) Except as otherwise provided in the exemption, an exemption under subsection (7) may be varied or revoked by the Minister. (9) The Commission and the Technical Regulator must each keep a register of exemptions granted by the Commission or the Technical Regulator (as the case may be) under this Act. (10) A register kept under subsection (9) must include the terms and conditions of each exemption recorded in it. (11) A person may, without payment of a fee, inspect a register kept under subsection (9). (12) A person in whose favour an exemption is given must comply with the conditions of the exemption. Maximum penalty: $50 000. 109—Application and issue of warrant (1) An authorised officer or a water industry officer may apply to a magistrate for a warrant to enter a place specified in the application. (2) A magistrate may issue a warrant if satisfied that there are reasonable grounds for issuing the warrant. (3) A warrant authorises the authorised officer or water industry officer, with any assistance and by any force reasonably necessary— (a) to enter the place specified in the warrant; and (b) to do anything authorised by this Act, at any time, or within any period, specified in the warrant. (4) A water industry officer must be accompanied by a member of the police force when entering a place under a warrant. (5) A warrant is to specify the date on which, and the time at which, the warrant ceases to have effect. (6) A water industry officer may make an application under this section on behalf of a water industry entity. 110—Urgent situations (1) An authorised officer or a water industry officer may apply to a magistrate for a warrant by telephone, fax or other prescribed means if the officer considers the urgency of the situation requires it. (2) The magistrate may complete and sign the warrant in the same terms as for a warrant applied for in person if satisfied that there are reasonable grounds for issuing the warrant urgently. (3) The magistrate must— (a) tell the officer— (i) the terms of the warrant; and (ii) the date on which, and the time at which, the warrant was signed; and (iii) the date on which, and the time at which, the warrant ceases to have effect; and (b) record on the warrant the reasons for granting the warrant. (4) The officer must— (a) complete a form of warrant in the same terms as the warrant signed by the magistrate; and (b) write on the form— (i) the name of the magistrate; and (ii) the date on which, and the time at which, the warrant was signed; and (c) send the magistrate the completed form of warrant not later than the day after the warrant is executed or ceases to have effect. (5) On receipt of the form of warrant, the magistrate must attach it to the warrant the magistrate signed. (6) A form of warrant completed by an authorised officer or a water industry officer under subsection (4) has the same force as a warrant signed by the magistrate under subsection (2). (7) A water industry officer may make an application under this section on behalf of a water industry entity. 111—Evidence (1) If, in any legal proceedings, a person is alleged to have held a specified appointment under this Act at a specified time, the allegation is taken to have been proved in the absence of proof to the contrary. (2) In any legal proceedings, an apparently genuine document purporting to be a certificate of the Commission certifying— (a) that a person was or was not the holder of a licence at a specified date or as to the particulars or conditions of a licence; or (b) as to the giving, issuing, receipt or contents of an order, direction, delegation, exemption, approval, authorisation, notice or assurance by the Commission, constitutes proof of the matters so certified in the absence of proof to the contrary. (3) An apparently genuine document purporting to be a certificate of the Commission certifying as to a person's status as a customer of a prescribed class, in relation to a specified time and place, constitutes proof of the matters so certified in the absence of proof to the contrary. (4) In any legal proceedings, an apparently genuine document purporting to be a certificate of the Technical Regulator certifying as to the giving, issuing, receipt or contents of a direction, requirement, delegation, exemption, approval, authorisation, notice or assurance by the Technical Regulator, constitutes proof of the matters so certified in the absence of proof to the contrary. (5) In any legal proceedings, an apparently genuine document purporting to be a certificate of an authorised officer certifying as to the giving and contents of a direction by the officer under this Act, constitutes proof of the matters so certified in the absence of proof to the contrary. (6) If, in any legal proceedings, a person is alleged to have acted without proper authority or a specified approval required under this Act, the absence of such authority or approval will be presumed in the absence of proof that such authority or approval in fact existed or had been given. (7) In any legal proceedings, a plan purporting to be certified by a water industry entity and to delineate the position of any equipment, plant or drain connected to any water/sewerage infrastructure constitutes proof of the matters so certified in the absence of proof to the contrary. (8) In any legal proceedings, an apparently genuine document purporting to be a certificate of a water industry entity to the effect— (a) that on and from a day specified in the certificate the water industry entity was prepared to supply water by means of a direct service to land specified in the certificate; or (b) that on and from a day specified in the certificate land specified in the certificate could, in the opinion of the water industry entity, by means of drains or other infrastructure, be drained or serviced by a sewer, constitutes proof of the matters so certified in the absence of proof to the contrary. (9) In any legal proceedings, an apparently genuine document purporting to be a copy or extract of a register of readings of meters maintained by the water industry entity and to be certified to be true by the water industry entity constitutes proof of the quantity of water taken or consumed in the absence of proof to the contrary. 112—Service (1) A notice or other document required or authorised to be given to or served on a person under this Act may be given or served— (a) by delivering it personally to the person or an agent of the person; or (b) by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) by posting it to the person or agent of the person at the person's or agent's last known place of residence or business; or (d) in some other manner authorised by the regulations. (2) Without limiting the effect of subsection (1), a notice or other document required or authorised to be given to or served on a person may, if the person is a body corporate, be given to or served on the person in accordance with the Corporations Act 2001 of the Commonwealth. (3) If a notice or other document is required or authorised to be given to or served on the holder of a licence under this Act and the licence is held by 2 or more persons, it is sufficient for the purposes of this Act if the notice or other document is given to or served on any one of those persons. 113—Ventilators (1) A water industry entity may cause a ventilating shaft, pipe or tube for any sewerage infrastructure or drain to be attached to the exterior wall of a building. (2) However, the mouth of a shaft, pipe or tube must be at least 1.8 metres higher than any window or door situated within a distance of 9 metres from its location. 114—Protection of tenants and lessees of residential premises (1) This section applies in relation to a tenant or lessee occupying residential premises. (2) A water industry entity must not, in relation to a tenant or lessee who is a consumer— (a) take action to recover from the tenant or lessee any amount for which the landlord or lessor is legally liable; or (b) take action to recover from a tenant or lessee any amount on account of any default on the part of the landlord or the lessor; or (c) take other action against the tenant or lessee on account of any default on the part of the landlord or lessor unless such action is reasonably justified in the circumstances and is in accordance with any relevant provision prescribed by the regulations or contained in a code or set of rules published by the Commission for the purposes of this section. 115—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting subsection (1), the regulations may— (a) require the keeping of records and other information by a water industry entity or any other person or body prescribed by the regulations; (b) require the furnishing of reports (including technical or expert reports), returns, documents or other information to the Minister, the Commission, the Technical Regulator or any other person or body prescribed by the regulations; (c) prescribe circumstances where a charge may be imposed by a water industry entity in respect of land despite the fact— (i) that the land is not connected to the relevant service at the relevant time; or (ii) the provision of a service to the land has been reduced or discontinued under this Act; (d) make provision in relation to the appointment or operations of an operator under Part 4 Division 6; (e) regulate the construction, installation and positioning of infrastructure or equipment or the use of any products or materials; (f) without limiting any other paragraph, provide for any matters relating to plumbing; (g) prescribe technical, operational and safety requirements and standards and provide for monitoring and enforcing compliance with prescribed requirements or standards; (h) make provision in relation to the payment or recovery of the Save the River Murray levy; (i) exempt (conditionally or unconditionally) any persons or operations from the application of this Act or specified provisions of this Act; (j) prescribe fees or charges in connection with any matter arising under this Act, including fees or charges for or in connection with the exercise, performance or discharge of any power, function or duty of the Minister, the Commission, the Technical Regulator or an authorised officer under this Act, which may be of varying amounts according to factors prescribed by the regulations or specified by the Minister by notice in the Gazette, and provide for the waiver or refund of such fees or charges; (k) provide that a breach of a specified provision of this Act or the regulations is expiable, or expiable in prescribed circumstances, and set an expiation fee not exceeding $750; (l) prescribe penalties, not exceeding $10 000, for contravention of a regulation. (3) If the regulations grant an exemption from the requirement to hold a licence under Part 4, the regulations may require a person exempted from the requirement to be treated as a water industry entity for the purposes of specified provisions of this Act. (4) The regulations may— (a) be of general application or limited in application according to the persons, areas, times or circumstances to which it is expressed to apply; (b) provide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister, Commission or the Technical Regulator; (c) refer to or incorporate, wholly or partially and with or without modification, any standard or other document prepared or published by a body referred to in the regulation, as is in force from time to time or as in force at a particular time. 116—Review of Act (1) The Minister must cause a review of the operation of this Act to be conducted as soon as practicable after the expiry of 5 years from its commencement. (2) The results of the review must be embodied in a written report. (3) The Minister must, within 6 sitting days after receiving the report under subsection (2), cause a copy of the report to be laid before both Houses of Parliament. Schedule 2—Transitional provisions Part 10—Transitional provisions Division 1—Preliminary 20—Preliminary In this Part— relevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used. Division 2—Special provisions relating to repeal of Sewerage Act 1929 21—Interpretation relevant Act means the Sewerage Act 1929; sewerage rates include charges; undertaking has the same meaning as in the relevant Act. 22—Rates—transitional financial year (1) This clause applies in connection with the provision of retail services during the transitional financial year with respect to any sewerage service. (2) The scheme established by Part 6 of the relevant Act will apply with respect to the transitional financial year despite the repeal of that Act by this Act and despite the ability of the Commission otherwise to make a determination relating to prices under this Act. (3) Accordingly— (a) the Minister may, after consultation with SA Water— (i) fix a scale or scale under section 73 of the relevant Act upon which sewerage rates will be levied in relation to the transitional financial year; and (ii) fix a minimum sewerage rate under section 75 of the relevant Act in relation to the transitional financial year, (and may act under this clause and those sections before, on or after the relevant day); and (b) Part 6 of the relevant Act, together with any other provision of that Act that may be relevant to the operation of that Part or to sewerage rates under that Act (including in relation to the declaration of drainage areas), will apply with respect to the declaration, imposition, payment or recovery of sewerage rates in relation to the transitional financial year as if the relevant Act had not been repealed; and (c) sewerage rates fixed under this clause will be taken to constitute the price for the provision of services to which this clause applies by SA Water during the transitional financial year; and (d) the Commission will not make a determination under section 35 of this Act in relation to the transitional financial year. (4) The Minister may, after consultation with SA Water, impose a requirement under section 78A of the relevant Act in relation to the transitional financial year (and may act under this clause and that section before, on or after the relevant day), and that section will continue to apply as if the relevant Act had not been repealed. 23—Rates—related provisions (1) Without limiting any other provision, Part 6 of the relevant Act, and any other provision prescribed by the regulations for the purposes of this clause, will continue to apply in relation to any sewerage rates declared or imposed under that Act before the relevant day as if the relevant Act had not been repealed. (2) Without limiting any other provision, sections 93 and 94 of the relevant Act will apply (and continue to apply)— (a) to any charge arising under section 93 before the relevant day; and (b) to any rates or charges in relation to the provision of sewerage services due to SA Water on account of the operation of this Division. 24—Notices and authorisations (1) Any notice or authorisation under the relevant Act given or received before the relevant day for the purpose of entering or remaining on land will continue to have full force and effect and any work or other activity to be undertaken, or underway, under the relevant Act may commence or continue as if the relevant Act had not been repealed. (b) it is expedient for SA Water to proceed on the basis of the notice or authorisation for the purposes of a section of this Act that corresponds (wholly or substantially) to the provision under the relevant Act, then SA Water may proceed under this Act on the basis of that notice or authorisation. (3) Without limiting subclauses (1) and (2), the Minister or SA Water may, on or after the relevant day, occupy, or continue to occupy, any land on account of action taken under the relevant Act before the relevant day. (4) Any other notice given before the relevant day under the relevant Act will have full force and effect and may be enforced, and any other action authorised in relation to the notice under the relevant Act may be taken, as if the relevant Act had not been repealed. 25—Vesting of undertaking in SA Water (1) The whole of the undertaking, and all materials and things which form part of the undertaking, vested in SA Water by operation of section 14 of the relevant Act will continue to be vested in and held by SA Water (for as long as it thinks fit) and may be used by SA Water for the purposes of this or any other Act. (2) Subclause (1) does not limit or affect the vesting of any property (or interest in property) in SA Water under any other Act or law. 26—Capital contribution where capacity of undertaking increased Despite the repeal of section 47 of the relevant Act— (a) the section will continue to apply in relation to any development authorisation that is given— (i) before the relevant day; or (ii) on or after the relevant day on account of any application made before the relevant day; and (b) SA Water may, in relation to a development authorisation that is within the ambit of paragraph (a), act under that section as if the section were still in operation; and (c) a liability to make a contribution under that section may arise on or after the relevant day (including in relation to any work undertaken on or after the relevant day). 27—Authorisation to discharge material into sewerage infrastructure An authorisation under section 54 of the relevant Act will, on the relevant day, unless or until revoked by SA Water, be taken to be an authorisation under section 59 of this Act (and may be varied by SA Water as it thinks fit). 28—Requirement to carry out work A requirement under section 56 of the relevant Act will, on the relevant day, unless or until revoked by SA Water, be taken to be a requirement under section 60 of this Act (and may be varied by SA Water as it thinks fit and may be enforced, including by taking action required by the relevant notice, by SA Water under the provisions of this Act). 29—Power to disconnect drains The Minister may take action under section 61 of the relevant Act on or after the relevant day in respect of any action taken before the relevant day (and that section will continue to apply in relation to any such action as if the relevant Act had not been repealed). 30—Exemption Until a day designated by the Minister by notice in the Gazette, section 65 of the repealed Act will apply in relation to the imposition of any charge for the provision of a sewerage service by SA Water (including a charge imposed under this Act after the relevant day). Division 3—Special provisions relating to repeal of Water Conservation Act 1936 31—Interpretation relevant Act means the Water Conservation Act 1936; water district means a water district constituted under the relevant Act on the commencement of this Division; water rates include charges. 32—Rates and charges—transitional financial year (1) This clause applies in connection with the provision of retail services during the transitional financial year with respect to the sale or supply of water (including a right to the supply of water) to land within a water district by SA Water. (2) An agreement under section 19 of the relevant Act entered into for the purposes of the transitional financial year, or that would have effect in relation to the transitional financial year if this Act were not enacted, may have effect in relation to the transitional financial year as if the relevant Act had not been repealed. (3) To the extent that may be relevant to the imposition and recovery of water rates for services supplied during the transitional financial year on account of when meters are read and the form or nature of the relevant rate or rates— (a) water rates may be charged and recovered on a pro rata basis according to— (i) readings that relate to water supplied during various periods or parts of periods; and (ii) the application of the relevant rate or rates over the period of supply to which a water rate is to be applied; and (b) water rates declared or imposed under this clause may, depending on when meters are read, be recovered after the end of the transitional financial year. (4) In connection with the operation of this clause, any determination, calculation or adjustment of any amount (whether in the nature of a water rate or in relation to the supply of any water or other services) over or in respect of any period (whether or not falling within the transitional financial year) or on a pro rata basis may assume that water has been supplied at a uniform daily rate over any relevant period. (5) This clause does not apply to or in relation to— (a) the determination or imposition of a fee for laying, installing, providing or connecting any infrastructure in connection with a retail service; or (b) any fee relevant to the use of a meter or other device; or (c) any case prescribed by the regulations. 33—Water rates—related provisions (1) Without limiting any other provision, the relevant Act will continue to apply in relation to any water rates imposed under that Act before the relevant day as if the relevant Act had not been repealed. (2) Until the Minister otherwise determines, an agreement in place under section 19 of the relevant Act in relation to the transitional financial year may continue to have effect in relation to a subsequent financial year or years as if section 19 had not been repealed and despite any price for the provision of water set under this Act (and section 19 will continue to apply for the purposes of this subclause subject to such modifications as may be prescribed by the regulations). (3) Without limiting any other provision, section 87 of the relevant Act will apply (and continue to apply)— (a) to any charge arising under that section before the relevant day; or (b) to any rates or charges in relation to the supply of water due to SA Water on account of the operation of this Division. (4) Any water district will continue to apply in connection with the operation of this Division. 34—Notices and authorisations (1) Any notice or authorisation under the relevant Act given or received before the relevant day for the purpose of entering or remaining on land will continue to have full force and effect and any work or other activity to be undertaken, or underway, under the relevant Act may commence or continue as if this Act had not been enacted. (b) it is expedient for SA Water to proceed on the basis of the notice or authorisation for the purposes of a section of this Act that corresponds (wholly or substantially) to the provision under the relevant Act, then SA Water may proceed under this Act on the basis of that notice or authorisation. (3) Without limiting subclauses (1) and (2), the Minister or SA Water may, on or after the relevant day, occupy, or continue to occupy, any land on account of action taken under the relevant Act before the relevant day. (4) Any other notice given before the relevant day under the relevant Act will have full force and effect and may be enforced, and any action authorised in relation to the notice under the relevant Act may be taken, as if the relevant Act had not been repealed. 35—Land etc vested in Minister (1) Any land or waterworks vested in the Minister under section 14 or 15 of the relevant Act may be held by the Minister for any purpose— (a) relevant to this or any other Act; or (b) authorised by the Governor by proclamation. (2) Despite the repeal of the relevant Act, the Governor may at any time on or after the relevant day make a proclamation contemplated by section 13 or 14 of the relevant Act (and any such proclamation will have effect according to its terms). 36—Agreements to bind subsequent owners and occupiers Unless or until otherwise determined by the Minister, section 20 of the relevant Act will continue to apply in relation to any agreement within the ambit of that section immediately before the relevant day. 37—Water conservation reserves (1) Despite the repeal of the relevant Act, the Governor may at any time on or after the relevant day make a proclamation contemplated by section 53(2) of the relevant Act in relation to any water conservation reserve vested in a council before the relevant day (and any such proclamation will have effect according to its terms). (2) A council may impose a separate rate under section 55 of the relevant Act in relation to the transitional financial year. (3) Sections 56 to 62 (inclusive) of the relevant Act will continue to apply to and in relation to any water conservation reserve vested in a council before the relevant day. Division 4—Special provisions relating to repeal of Waterworks Act 1932 38—Interpretation relevant Act means the Waterworks Act 1932; water district means a water district constituted under the relevant Act on the commencement of this Division; water rates include charges. 39—Rates and charges—transitional financial year (1) This clause applies in connection with the provision of retail services during the transitional financial year with respect to— (a) the sale or supply of water (including a right to a supply of water) to land within a water district by SA Water; and (b) the Save the River Murray levy under the relevant Act. (2) The scheme established by Part 5 of the relevant Act will apply with respect to the transitional financial year despite the repeal of that Act by this Act and despite the ability of the Commission otherwise to make a determination relating to prices under this Act. (3) Accordingly— (a) the Minister may, after consultation with SA Water, make a declaration under section 65C of the relevant Act before the commencement of the transitional financial year; and (b) Part 5 of the relevant Act, together with any other provision of that Act that may be relevant to the operation of that Part or to water rates under that Act (including in relation to the declaration of water districts), will apply with respect to the declaration, imposition, payment or recovery of water rates in relation to the transitional financial year as if the relevant Act had not been repealed; and (c) water rates declared under this clause will be taken to constitute the price for the provision of services to which this clause applies by SA Water during the transitional financial year; and (d) the Commission will not make a determination under section 35 of this Act in relation to the transitional financial year. (4) An agreement under section 37 of the relevant Act entered into for the purposes of the transitional financial year, or that would have effect in relation to the transitional financial year if this Act were not enacted, may have effect in relation to the transitional financial year as if the relevant Act had not been repealed. (5) To the extent that may be relevant to the imposition and recovery of water rates for services supplied during the transitional financial year on account of when meters are read and the form or nature of the relevant rate or rates— (a) water rates may be charged and recovered on a pro rata basis according to— (i) readings that relate to water supplied during various periods or parts of periods; and (ii) the application of the relevant rate or rates over the period of supply to which a water rate is to be applied; and (b) water rates declared or imposed under this clause may, depending on when meters are read, be recovered after the end of the transitional financial year. (6) In connection with the operation of this clause, any determination, calculation or adjustment of any amount (whether in the nature of a water rate or in relation to the supply of any water or other services) over or in respect of any period (whether or not falling within the transitional financial year) or on a pro rata basis may assume that water has been supplied at a uniform daily rate over any relevant period. (7) This clause does not apply to or in relation to— (a) the determination or imposition of a fee for laying, installing, providing or connecting any infrastructure in connection with a retail service; or (b) any fee relevant to the use of a meter or other device; or (c) any case prescribed by the regulations. 40—Rates and charges—related provisions (1) Without limiting any other provision, the relevant Act will continue to apply in relation to any water rates imposed under that Act before the relevant day as if the relevant Act had not been repealed. (2) Until SA Water otherwise determines, an agreement in place under section 37 of the relevant Act in relation to the transitional financial year may continue to have effect in relation to a subsequent financial year or years as if section 37 had not been repealed and despite any price for the provision of water set under this Act (and section 37 will continue to apply for the purposes of this subclause subject to such modifications as may be prescribed by the regulations). (3) Without limiting any other provision, sections 93 and 98 of the relevant Act will apply (and continue to apply)— (a) to any charge arising under section 93 before the relevant day; and (b) to any rates or charges in relation to the supply of water due to SA Water on account of the operation of this Division. (4) Without limiting any other provision, section 121 of the relevant Act will apply (and continue to apply) to any rates or charges in relation to the supply of water on account of the operation of this Division. 41—Notices and authorisations (1) Any notice or authorisation under the relevant Act given or received before the relevant day for the purpose of entering or remaining on land will continue to have full force and effect and any work or other activity to be undertaken or underway, under the relevant Act may commence or continue as if this Act had not been enacted. (b) it is expedient for SA Water to proceed on the basis of the notice or authorisation for the purposes of a section of this Act that corresponds (wholly or substantially) to the provision under the relevant Act, then SA Water may proceed under this Act on the basis of that notice or authorisation. (3) Without limiting subclauses (1) and (2), the Minister or SA Water may, on or after the relevant day, occupy, or continue to occupy, any land on account of action taken under the relevant Act before the relevant day. (4) Any other notice given before the relevant day under the relevant Act will have full force and effect and may be enforced, and any action authorised in relation to the notice under the relevant Act may be taken, as if the relevant Act had not been repealed. 42—Vesting of waterworks etc in SA Water (1) Any waterworks, land, goods, materials and things vested in SA Water by operation of section 23 of the relevant Act will continue to be vested in and held by SA Water (for as long as it thinks fit) and may be used by SA Water for the purposes of this or any other Act. (2) Subclause (1) does not limit or affect the vesting of any property (or interest in property) in SA Water under any other Act or law. 43—Fire plugs and pipes Sections 28, 29 and 30 of the relevant Act will continue to operate and have effect until the Minister has established a scheme under section 98 of this Act. 44—Exemption Until a day designated by the Minister by notice in the Gazette, section 88 of the repealed Act will apply in relation to the imposition of any charge for the provision of a water service by SA Water (including a charge imposed under this Act after the relevant day). 45—Capital contribution where capacity of waterworks increased Despite the repeal of section 109B of the relevant Act— (a) the section will continue to apply in relation to any development authorisation that is given— (i) before the relevant day; or (ii) on or after the relevant day on account of any application made before the relevant day; and (b) the Minister may, in relation to a development authorisation that is within the ambit of paragraph (a), act under that section as if the section were still in operation; and (c) a liability to make a contribution under that section may arise on or after the relevant day (including in relation to any work undertaken on or after the relevant day). Division 5—Other matters 46—Approved schemes (1) A scheme that falls within the ambit of a regulation under this clause will be taken to be an approved scheme under section 48. (2) Section 48 will apply to a scheme under subclause (1) subject to such modifications as may be prescribed by the regulations. 47—References to rates Unless the context otherwise requires, a reference in another Act to rates under the Sewerage Act 1929 or the Waterworks Act 1932 will be taken to include references to charges payable to a water industry entity under the Water Industry Act 2012. 48—Regulations (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Act. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Water Industry Act 2012 repealed the following: Sewerage Act 1929 Water Conservation Act 1936 Waterworks Act 1932 Legislation amended by principal Act The Water Industry Act 2012 amended the following: Development Act 1993 Essential Services Commission Act 2002 Local Government Act 1999 Natural Resources Management Act 2004 Rates and Land Tax Remission Act 1986 Real Property Act 1886 South Australian Water Corporation Act 1994 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Water Industry Act 2012 19.4.2012 1.7.2012 except ss 18, 20—23, 25—29, 31—34, 35(1)—(3), 36, 38, 39, Pts 5—9, ss 91, 92, 93(1)—(11) & (13), 94, 98, 100, 109, 110, 113, 114 & Sch 2 cll 1—19 & 21—48—1.1.2013 (Gazette 21.6.2012 p2837) and except s 93(12)—1.7.2013 (Gazette 14.6.2013 p2571) Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 51 (ss 103 & 104)—17.6.2013 (Gazette 6.6.2013 p2498) Community Housing Providers (National Law) (South Australia) Act 2013 21.11.2013 Sch 3 (cl 13)—1.4.2014 (Gazette 6.2.2014 p547) Water Industry (Third Party Access) Amendment Act 2015 22.10.2015 1.7.2016 (Gazette 16.6.2016 p2108) Statutes Amendment and Repeal (Budget 2015) Act 2015 26.11.2015 Pt 15 (ss 56 & 59(1), (2))—1.7.2015: s 2(10); ss 57 & 59(3)—1.7.2016: s 2(11); s 58—uncommenced Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 49 (ss 270 to 278)—4.10.2018 (Gazette 28.6.2018 p2618) Landscape South Australia Act 2019 21.11.2019 Sch 5 (cl 86)—1.7.2020 (Gazette 25.6.2020 p3502) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1