Water Industry Act 2012

An authorised entity may, at any reasonable time, enter and remain on land (including a road)—

to construct, install, improve or add to any water/sewerage infrastructure; or

to inspect, operate, maintain, test, repair, alter, remove or replace any water/sewerage infrastructure or equipment; or

to lay pipes and install, operate or inspect pumps and other equipment; or

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

to obtain or enlarge a supply of water; or

to protect, improve or restore the quality of water; or

to protect any infrastructure or equipment connected with any water service or sewerage service; or

to perform any other function brought within the ambit of this section by the regulations.

The powers that may be exercised in the performance of a function set out under subsection (1) include—

to dig, break and trench any soil or to excavate any land; and

to remove or use any earth, stone, minerals, trees or other materials or things located on the land; and

to sink wells or shafts; and

to construct, make, maintain, alter, add to or discontinue any water/sewerage infrastructure; and

to divert or hold any water; and

to dig up, form or alter any road; and

to construct workshops, sheds or other buildings of a temporary nature; and

to undertake other activities or work as may be necessary or incidental to the performance of any such function.

Subject to this section, if an authorised entity seeks to enter public land under this section, the entity must—

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

secure the authority's agreement to the carrying out of the work.

An agreement under subsection (3) may contain conditions the authority responsible for the management of the public land considers appropriate in the public interest.

Prior notice is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.

Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.

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.

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.

If a dispute is referred to the Minister under this section, the Minister must—

allow parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and

make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms.

If the Minister cannot get the parties to agree, the Minister may make—

an order that the work is or is not permitted on the land;

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).

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.

The regulations may prescribe other circumstances when notice must be given to the occupier of land.

The period of notice under subsection (11) or (12) must be reasonable.

An authorised entity may use reasonable force to enter any land under this section.

When a person enters land under this section on behalf of an authorised entity, the person—

may be accompanied by such assistants as the person considers necessary or appropriate; and

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.

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.

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.

This section does not derogate from the obligation to comply with the provisions of any other Act.

In an emergency, an authorised entity may exercise a power under this section at any time and without prior notice or agreement.

In connection with the exercise of a power under this section, a person undertaking work may—

enter and pass over any land; and

bring onto any land any vehicles, plant or equipment; and

temporarily occupy any land.

A person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section Maximum penalty: Maximum penalty: $10 000.

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.

Subsections (3)(b) and (7) do not apply in relation to SA Water.

In this section—

the Minister; or

any water industry entity;

land owned by the Crown or an instrumentality or agent of the Crown or by a council or other local government body;

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.