Part 5Powers and duties relating to land and infrastructure

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.