Part 6Protection and use of infrastructure, equipment and water and powers in relation to installations

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.