1Water Industry Regulations 2012

South Australia Water Industry Regulations 2012 under the Water Industry Act 2012

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Interpretation—definition of customer Part 2—Licensing of water industry entities 5 Licence fees and returns 6 Content of register of licences Part 3—Powers and duties relating to land and infrastructure 7 Carrying out certain work on land Part 4—Protection and use of infrastructure, equipment and water and powers in relation to installations 8 Encroachments 9 Paving a road etc—costs 10 Unlawful abstraction, removal or diversion of water or sewage 11 Information as to amounts already paid for retail services etc 12 Certificate as to encumbrance 13 Protection of infrastructure—planting of trees etc on public land 14 Protection of infrastructure—action in relation to trees and shrubs 15 Protection of infrastructure—damage caused by trees or shrubs 16 Access to sewerage infrastructure 17 Power to restrict or discontinue water supply 18 Notices under section 59—permits Part 5—Technical and safety issues 19 Standards 20 Performance of regulated work 21 Safety, reliability, maintenance and technical management plans and reports 22 Responsibilities of customers 23 Fittings etc to be flush with road surface Part 6—Water conservation—longer‑term measures 25 SA Water may issue permits 26 Circumstances in which permit may be issued 27 Form and content of permit 28 Conditions of permit 29 Breach of permit conditions 30 Revocation, variation etc of permit or condition 31 Application of permit relating to regulation 24 32 Permit not transferable Part 7—Miscellaneous 33 Requirement to connect to infrastructure 34 Pipes must not lie across allotment boundaries 35 Fees for reinspection etc 36 Water meters—estimates 36A Extension of Part 9A 37 Save the River Murray levy—exemptions 38 Charge where land not connected or service to land reduced or discontinued 39 Vents—cost of compliance with requirements 40 General penalty 41 Expiation of offences against Act Schedule 2—Trees and shrubs to which regulation 13(a)(ii) applies Schedule 3—Trees and shrubs to which regulation 13(a)(iii) applies Schedule 5—Transitional provisions Part 2—Transitional provisions Division 1—Preliminary 2 Preliminary Division 2—Special provisions relating to revocation of Sewerage Regulations 2011 3 Approvals 4 Charges—transitional financial year 5 References to undertaking Division 3—Special provisions relating to revocation of Waterworks Regulations 2011 6 Approvals 7 Charges—transitional financial year 8 Permits Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Water Industry Regulations 2012. 3—Interpretation In these regulations— Act means the Water Industry Act 2012; entry point means a fitting connected to pipes, conduits or associated fittings or apparatus of any sewerage infrastructure to enable a person to enter such infrastructure; inspection point means a fitting designed to provide for the inspection of pipes, conduits or associated fittings or apparatus of any sewerage infrastructure or to provide access by means of tools to such infrastructure; Save the River Murray levy means the levy under section 93 of the Act. 4—Interpretation—definition of customer For the purposes of paragraph (b) of the definition of customer in section 4 of the Act, the following are circumstances in which the definition of customer includes a consumer of retail services: (a) for the purposes of requiring the water industry entity to comply with code provisions under section 25(1)(b)(iii) and (iv) of the Act relating to limitations on the grounds on which the supply of designated services to customers may be discontinued or disconnected and processes to be followed before designated services are discontinued or disconnected; (b) for the purposes of a process to be followed to resolve disputes between a water industry entity and its customers in accordance with section 25(1)(g) of the Act; (c) for the purposes of an ombudsman scheme determined or approved by the Commission in accordance with section 25(1)(h) of the Act. Part 2—Licensing of water industry entities 5—Licence fees and returns (1) For the purposes of section 24(2)(a) of the Act, an annual return must be lodged before 31 August in each year. (2) For the purposes of section 24(2)(b) of the Act, the licence fee, or the first instalment of the licence fee, (as the case may require) must be paid before the anniversary in each year of the day on which the licence was issued. (3) For the purposes of section 24(6) of the Act, the penalty for default— (a) for failing to lodge an annual return is $500; and (b) for failing to pay a licence fee, or an instalment of a licence fee, is 10% per annum of the outstanding amount calculated daily on a cumulative basis. 6—Content of register of licences For the purposes of section 34(2) of the Act, the register of licences must include (in addition to the terms and conditions of each licence)— (a) details of each application for the issue, renewal or variation of a licence; and (b) on any such application being refused or withdrawn, a statement to that effect. Part 3—Powers and duties relating to land and infrastructure 7—Carrying out certain work on land For the purposes of section 45(5) and (6) of the Act— (a) prior notice and agreement are not required under section 45(3) of the Act for maintenance, repairs or minor works on existing water/sewerage infrastructure situated in, on, across, under or over a road; and (b) agreement is not required under section 45(3) of the Act for maintenance, repairs or minor works on existing water/sewerage infrastructure situated in, on, across, under or over any public land other than a road. Part 4—Protection and use of infrastructure, equipment and water and powers in relation to installations 8—Encroachments For the purposes of section 49(2)(b) of the Act, the notice must— (a) be in writing; and (b) specify the grounds on which the person on whom the notice is served is alleged to have acted in contravention of section 49(1) of the Act; and (c) specify the location of the land to which the notice relates; and (d) specify the period within which any action specified in the notice to remedy any contravention must be taken by the person; and (e) contain a warning that— (i) if the requirements of the notice are not complied with, the relevant water industry entity may take any action required by the notice; and (ii) the reasonable costs and expenses incurred by a water industry entity in taking such action may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice; and (f) specify the contact details of the water industry entity. 9—Paving a road etc—costs For the purposes of section 52(3)(b) of the Act, if the person who undertakes the work and the relevant water industry entity have entered into an agreement that provides for the sharing of the costs of the work, then the person must pay to the entity the amount specified in the agreement. 10—Unlawful abstraction, removal or diversion of water or sewage (1) A person is to be taken to have proper authority for the purposes of section 53(1) of the Act if the abstraction or diversion is done under a right to take water under the Natural Resources Management Act 2004. (2) A person is authorised for the purposes of section 53(2)(c) of the Act if the installation or maintenance of a pipe capable of conveying water is done under a right to take water under the Natural Resources Management Act 2004. 11—Information as to amounts already paid for retail services etc (1) A water industry entity must, on application by a person who has paid an amount to the entity for the provision of retail services, provide the person with a statement of the amount paid. (2) A water industry entity must, on application by a consumer, provide the consumer with a statement of the quantity of water supplied by the entity to the consumer in a financial year. (3) A water industry entity may, on application by any other person, in connection with the provision of retail services, provide that person with information of the kind referred to in subregulation (1) or (2). (4) However— (a) subregulation (2) only applies if the quantity of water supplied by the water industry entity to the consumer is measured by a meter; and (b) subregulation (3) only applies if the other person is acting with the consent of a person referred to in subregulation (1) or (2). (5) Subject to subregulation (6), an application under this regulation must be accompanied by the fee prescribed under the Act. (6) A fee is not payable to a water industry entity for an application under subregulation (1) or (2) if the statement sought relates only— (a) to amounts that became due and were paid in the financial year in which the application is made or in the preceding financial year; or (b) to water consumed in a financial year in which the application is made or in the preceding financial year. 12—Certificate as to encumbrance (1) A water industry entity or the Technical Regulator must, on application by an interested person and payment of the fee prescribed for the purposes of the Act, provide the person with a statement as to the existence or non‑existence of encumbrances in relation to the land to which the application relates that are prescribed encumbrances for the purposes of the Land and Business (Sale and Conveyancing) Act 1994 and the regulations under that Act and that are in favour of the entity or the Technical Regulator (as the case may be). (2) Subregulation (1) does not apply if— (a) the application is being made in order to obtain information for the purposes of the Land and Business (Sale and Conveyancing) Act 1994; and (b) the water industry entity or the Technical Regulator (as the case may be) is entitled to charge a fee prescribed for the purposes of the Land and Business (Sale and Conveyancing) Act 1994. (3) The Technical Regulator must, on application by an interested person and payment of the fee prescribed for the purposes of the Act, provide the person with a statement as to the existence or non‑existence of "testable" back flow prevention devices installed, or required to be installed, on the land to which the application relates. 13—Protection of infrastructure—planting of trees etc on public land The following requirements regarding the planting of trees and shrubs apply: (a) for the purpose of protecting sewerage infrastructure— (i) trees and shrubs (except those listed in Schedule 2 and Schedule 3) must not be planted on public land without the written approval of any water industry entity that owns or operates sewerage infrastructure that may be affected by the planting; and (ii) the trees and shrubs listed in Schedule 2 must not be planted on a road closer than 2 metres to any sewerage infrastructure; and (iii) the trees and shrubs listed in Schedule 3 must not be planted on a road closer than 3.5 metres to any sewerage infrastructure; (b) for the purpose of protecting water infrastructure—trees and shrubs must not be planted on a road closer than 1 metre to any water infrastructure without the written approval of the water industry entity that owns or operates the infrastructure. 14—Protection of infrastructure—action in relation to trees and shrubs (1) If— (a) a tree or shrub has been planted in contravention of regulation 13; or (b) a water industry entity is of the opinion (based on reasonable grounds) that a tree or shrub on public land is causing, or is likely to cause, damage to water/sewerage infrastructure or a reduction in the efficiency of the operation of that infrastructure, the relevant water industry entity may, by written notice served on the council or other person who owns or has the care, control or management of the land on which the tree or shrub is situated, direct that action specified in the notice (including the removal of the tree or shrub) be taken. (2) If a person on whom a notice has been served fails to comply with the notice, the relevant water industry entity may enter the land and take the specified action. (3) The relevant water industry entity may recover its costs of taking the specified action as a debt from the person on whom the notice was served. (4) A person is not entitled to compensation for action taken under this regulation. 15—Protection of infrastructure—damage caused by trees or shrubs If a tree or shrub has been planted in contravention of regulation 13, a water industry entity may recover its costs of taking action under regulation 14 as a debt from— (a) the owner for the time being of the land on which the tree or shrub is, or was, situated; or (b) in the case of land under the care, control or management of a council—the council. 16—Access to sewerage infrastructure (1) A licensed plumbing contractor or registered plumbing worker under the Plumbers, Gas Fitters and Electricians Act 1995 may use an inspection point of any sewerage infrastructure to gain access to pipes, conduits or associated fittings or apparatus connected to the infrastructure. (2) A water industry entity's costs of repairing any damage caused to infrastructure owned or operated by the entity by a person using an inspection point under subregulation (1) is a debt due by that person to the entity. (3) A person must not enter infrastructure owned or operated by a water industry entity unless he or she is— (a) an employee of the entity; or (b) authorised by the entity to enter the infrastructure. 17—Power to restrict or discontinue water supply (1) For the purposes of section 59(1) of the Act, if the water industry entity proposes to exercise a power under section 59(3)(a) to (e) (inclusive) in relation to water that may be used for human consumption, the entity must— (a) obtain the approval of the prescribed authority before acting; and (b) notify the public of the intention to exercise the power by publishing a notice (specifying in the notice relevant details of the power to be exercised)— (i) if the water industry entity proposes to exercise a power under section 59(3)(b), (c) or (d)—in the Gazette; and (ii) in all cases— (A) on a website determined by the entity; and (B) in a newspaper circulating generally throughout the area of the State in which the persons affected by the exercise of the power are situated; and (C) in any other manner considered appropriate by the entity for the purpose of notifying the persons affected by the exercise of the power. (2) A notice published on a website in accordance with subregulation (1)(b)(ii)(A) must remain accessible to the public on the website for the duration of the period for which the entity exercises the power under section 59(3) of the Act to which the notice relates. (3) In this regulation— prescribed authority means— (a) if the water industry entity is SA Water—the Minister; and (b) in any other case—the Commission. 18—Notices under section 59—permits (1) For the purposes of section 59(4) of the Act, if a specified use of water is prohibited except under the authority of a permit issued by a water industry entity, the entity may issue such a permit to a person in accordance with this regulation. (2) Part 6 applies, with necessary modifications, in relation to a permit issued under this regulation as if it were a permit issued under that Part. Part 5—Technical and safety issues 19—Standards For the purposes of section 66(2)(k) of the Act, a standard may make provisions of a saving or transitional nature relating to the carrying out, approval or certification of work to be carried out in accordance with the standard in circumstances where the standard is varied or substituted. 20—Performance of regulated work For the purposes of section 67(1) of the Act, registration as a plumbing worker under the Plumbers, Gas Fitters and Electricians Act 1995 is recognised. 21—Safety, reliability, maintenance and technical management plans and reports For the purposes of section 68(2)(a) of the Act, the following are matters that must be dealt with by a safety, reliability, maintenance and technical management plan: (a) the safe design, installation, commissioning, operation, maintenance and decommissioning of water/sewerage infrastructure owned or operated by the water industry entity; (b) the maintenance of water or sewerage services of the quality required to be maintained by or under the Act, these regulations, the water industry entity's licence or the conditions of any exemption granted to the entity; (c) monitoring compliance with safety and technical requirements imposed by or under the Act, these regulations, the water industry entity's licence or the conditions of any exemption granted to the entity; (d) monitoring water/sewerage infrastructure owned or operated by the water industry entity for the purposes of identifying infrastructure that is unsafe or at risk of failing or malfunctioning; (e) the establishment of indicators and the collection and recording of information to measure the water industry entity's performance in respect of matters referred to in the preceding paragraphs. 22—Responsibilities of customers (1) For the purposes of section 69 of the Act, a customer who is supplied with water by a water industry entity must, in relation to a meter supplied by the entity, or an associated fitting, inform the entity of damage to the meter or associated fitting as soon as is reasonably practicable after the damage occurs. (2) For the purposes of paragraph (b) of the definition of customer in section 4 of the Act, a reference to customer in subregulation (1) includes a reference to a person supplied with water by a water industry entity as a consumer or user of the water. 23—Fittings etc to be flush with road surface (1) Entry points, inspection points and similar fittings situated in a road, footpath or an easement must be flush with the surface of the road, footpath or easement. (2) If the surface height of a road, footpath or easement is altered— (a) the council, other authority or person who made the alteration must give notice in writing to the water industry entity that owns, manages or uses the entry point, inspection point or other fitting of the alteration; and (b) the water industry entity must, at the cost of the council, other authority or person who made the alteration, alter the height of the entry point, inspection point or other fitting. (3) The water industry entity may recover its costs as a debt from the council, other authority or person. (4) Subregulations (2) and (3) have effect for the purposes of section 52(3)(b) of the Act. Part 6—Water conservation—longer‑term measures 25—SA Water may issue permits (1) Where, pursuant to regulation 24, a specified use of water is prohibited except under the authority of a permit issued by SA Water, SA Water may, on payment of such fee as may be fixed by SA Water, issue such a permit to a person in accordance with this Part. (2) A permit issued under subregulation (1) may authorise the person to whom the permit is issued to engage in the specified use of water at multiple sites. 26—Circumstances in which permit may be issued SA Water may only issue a permit if SA Water is satisfied that— (a) good reason exists for allowing the use of water to occur in accordance with the permit; and (b) the use of water under the permit (and all other permits issued in accordance with this Part) will not significantly reduce the effectiveness of the measures or restrictions then in force in providing for the conservation or efficient use or management of water. 27—Form and content of permit A permit must be in writing in a form determined by SA Water and must specify— (a) the name and address of the holder of the permit; and (b) the measure or restriction to which the permit relates; and (c) the water use to which the permit relates; and (d) other than in the case of a permit that authorises the use of water at multiple sites—the land to which the permit relates; and (e) the period for which the permit applies. 28—Conditions of permit A permit is subject to such conditions as are determined by SA Water and specified in the permit or subsequently notified to the holder of the permit in accordance with this Part. 29—Breach of permit conditions Where the holder of a permit, or a person acting in the employment or with the authority of the holder of the permit, contravenes or fails to comply with a condition of the permit, the holder of the permit is guilty of an offence. 30—Revocation, variation etc of permit or condition SA Water may, by written notice to the holder of a permit, revoke, suspend or vary a permit, or a condition of a permit, or add a new condition to a permit, if SA Water is satisfied that— (a) it is necessary or expedient to do so for the conservation or efficient use or management of water; or (b) the holder of the permit has contravened or failed to comply with a provision of the Act or these regulations or a condition of the permit. 31—Application of permit relating to regulation 24 A permit issued in accordance with this Part in relation to a measure imposed by regulation 24 applies subject to any requirement imposed under section 59(3) of the Act (and any permit issued by the relevant water industry entity under section 59(4) in relation to such a requirement). 32—Permit not transferable A permit issued in accordance with this Part is not transferable. Part 7—Miscellaneous 33—Requirement to connect to infrastructure (1) For the purposes of section 48(3) of the Act— (a) each of the following is a prescribed body under section 48(3)(c) of the Act: (i) the Technical Regulator; (ii) the Minister responsible for the administration of the South Australian Public Health Act 2011; (iii) a council (unless the council is the water industry entity that will be providing the sewerage service); and (b) it will be a requirement under section 48(3)(d) of the Act that the scheme must be developed in consultation with the council (or councils) for the area (or areas) where the sewerage services are proposed to be provided (unless the council is providing the sewerage service that is under consideration within its own area). (2) A notice under section 48(6) of the Act— (a) must be in writing; and (b) must— (i) provide a description of the prescribed infrastructure and the scheme; and (ii) specify the fees and changes that are to be imposed in connection with the sale and supply of the sewerage services under the scheme; and (iii) provide information about any terms or conditions that are to apply in relation to the sale and supply of the sewerage services under the scheme; and (iv) specify the action to be taken by the owner of the land to connect any drains, equipment or works to the prescribed infrastructure; and (v) provide information about any specifications that apply under section 48(7)(b) of the Act; and (vi) the period when, or the time by which, the connection must be made; and (vii) advise the owner that the costs incurred in complying with the notice will be borne by the owner under section 47(7)(c) of the Act; and (viii) contain a warning that— (A) if the requirements of the notice are not complied with, the relevant water industry entity may take any action required by the notice; and (B) the reasonable costs and expenses incurred by a water industry entity in taking such action may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice; and (ix) specify the contact details of the water industry entity. 34—Pipes must not lie across allotment boundaries (1) Subject to this regulation, a pipe connected to any water/sewerage infrastructure must not lie across the boundary between adjoining allotments and accordingly— (a) a person must not— (i) lay a pipe that is, or is to be, connected to any water/sewerage infrastructure across the boundary of adjoining allotments; or (ii) connect a pipe that has been laid across the boundary of adjoining allotments to any water/sewerage infrastructure; and (b) if, on the division of land, the boundary of adjoining allotments intersects the line on which a pipe connected to any water/sewerage infrastructure has been laid, the owner or occupier of each allotment may be directed by the Technical Regulator or a water industry entity under this regulation to disconnect the pipe from the water/sewerage infrastructure. (2) Subregulation (1) does not apply in relation to allotments in the same site under the Strata Titles Act 1988 or in the same community parcel under the Community Titles Act 1996. (3) It is a defence to a prosecution for an offence against subregulation (1)(a) to prove that the laying or connecting of the pipe was done with the written approval of the Technical Regulator or a water industry entity. (4) If a pipe connected to any water/sewerage infrastructure lies across the boundary between adjoining allotments (except allotments in the same site under the Strata Titles Act 1988 or in the same community parcel under the Community Titles Act 1996), the Technical Regulator or a water industry entity may give written notice to the owner or occupier of each of the allotments directing that the pipe be disconnected from the water/sewerage infrastructure by a qualified person in the manner, at the point and within the time stated in the notice. (5) A person to whom a notice is given under subregulation (4), or a person acting on his or her behalf, is entitled to carry out such work as is reasonably necessary in order to comply with the notice (to the extent that the person is qualified to undertake the work) and for that purpose may enter either or both of the allotments or any adjoining land. (6) A person who fails to comply with a notice is guilty of an offence. (7) If a person to whom notice has been given fails to comply with the notice, the Technical Regulator or a water industry entity (or a person authorised by the Technical Regulator or a water industry entity) may enter either allotment or any adjoining land and carry out the necessary work and each person in default is jointly and severally liable to the Technical Regulator or the water industry entity (as the case requires) for the costs of carrying out that work. (8) The owners of the allotments are jointly and severally liable— (a) for the costs in carrying out work under subregulation (7); and (b) to an occupier of either allotment for— (i) the occupier's costs in carrying out work required by a notice given to the occupier under subregulation (4); and (ii) for any amount that the occupier is liable to pay under subregulation (7). 35—Fees for reinspection etc (1) If— (a) a person's acts or omissions require the Technical Regulator (or a person acting on behalf of the Technical Regulator) to undertake a reinspection of any work, or to reattend at any place for any other reason, in connection with the operation or requirements of a standard under Part 7 of the Act; or (b) a person is given a direction under section 77 or 78 of the Act and an authorised person undertakes a reinspection of any work, or reattends at any place, for the purpose of ensuring compliance with the direction or approving reconnection to the water supply, the person is liable to pay a fee of an amount equal to the reasonable costs of the reinspection or reattendance (as the case may be). (2) The Technical Regulator may recover a fee payable under subregulation (1) as a debt by action in a court of competent jurisdiction. 36—Water meters—estimates If— (a) a water industry entity is unable for any reason to gain access to a meter or to read a meter for the purpose of measuring water supplied to the person by the entity; and (b) a code or rules made under the Essential Services Commission Act 2002 relating to the provision of retail services to customers does not apply to that supply of water, the entity may, in accordance with any requirements of the Commission, estimate the quantity of water supplied through the meter and that quantity will be taken to be the quantity of water supplied for the purpose of any amount payable for the supply of the water. 36A—Extension of Part 9A In accordance with section 86ZR(6)(b) of the Act (and following a recommendation of the regulator as required by section 86ZR(6)(a) of the Act), the operation of Part 9A of the Act is extended by a further period of 5 years commencing when the existing prescribed period ends on 30 June 2024. 37—Save the River Murray levy—exemptions (1) For the purposes of section 93(8)(b) of the Act, a person qualifies in accordance with a scheme published by the Minister by notice in the Gazette. (2) The water rates concession scheme approved and funded by the Minister for the purposes of section 25(1)(o) of the Act is recognised for the purposes of section 93(8)(c) of the Act. 38—Charge where land not connected or service to land reduced or discontinued For the purposes of section 115(2)(c) of the Act, a charge may be imposed by a water industry entity in respect of land of a kind specified by the Minister by notice in the Gazette despite the fact that— (a) the land is not connected to infrastructure by which a retail service is provided by the water industry entity; or (b) the provision of a retail service to the land by the water industry entity has been reduced or discontinued. 39—Vents—cost of compliance with requirements Where the vents connected to a building (the existing building) cease to comply with the requirements of the Act, these regulations or any requirement or standard under the Act or these regulations because another building (the new building) has been erected next to, or in the vicinity of, the existing building, the owner of the existing building must alter the vents so that they comply with those requirements and the cost of doing so may be recovered as a debt by the owner of the existing building from the owner of the new building. 40—General penalty A person who contravenes or fails to comply with a provision of these regulations for which a specific penalty is not provided is guilty of an offence. Maximum penalty: $10 000. Expiation fee: $315. 41—Expiation of offences against Act The expiation fees specified in the following table are fixed for alleged offences against the Act arising from an alleged contravention of the section specified opposite the fee: