STATUTES AMENDMENT (WATER CONSERVATION PRACTICES) BILL 2003

Part 1—Preliminary

Short title

1. This Act may be cited as the Statutes Amendment (Water Conservation Practices) Act 2003.

Amendment provisions

2. In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Water Resources Act 1997

Amendment of section 16—Restrictions relating to the taking of water

3. (1) Section 16(1)—after paragraph (d) insert:

(da)limit the quantity of water that may be taken from the watercourse, lake or well, or from any surface water; or

(2)Section 16—after subsection (6) insert:

(6a) Where, in the opinion of the Minister, the quantity of water available, or likely to be available, in a watercourse, lake or well (whether prescribed or not) is such that measures should be imposed so as to provide for the conservation or efficient use or management of water, the Minister may, by notice published in the Gazette and in a newspaper circulating generally throughout the State—

(a)prohibit or restrict the taking of water from the watercourse, lake or well; or

(b)limit the quantity of water that may be taken from the watercourse, lake or well.

(3)Section 16(7)—after the penalty provision insert:

Expiation fee:$315.

(4)Section 16—after subsection (10) insert:

(11) Where a notice has been published under subsection (6a), the Minister may vary or revoke the notice by subsequent notice published in the Gazette and in a newspaper circulating generally throughout the State.

Insertion of Part 4 Division 1A

4. Part 4—after Division 1 insert:

Division 1A—Water conservation practices

Water conservation practices

17A. (1) For the purposes of this section, water conservation measures may do one 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, for the purposes of providing for the better conservation, use or management of water, introduce one or more water conservation measures.

(3) In addition to regulations under subsection (2), the Minister may, by notice published in the Gazette and in a newspaper circulating generally throughout the State, for the purposes of taking action in response to a situation, or a likely situation, that, in the opinion of the Minister, affects, or is or would be likely to affect, the quantity of water—

(a)within a water resource (whether prescribed or not); or

(b)reasonably available for use in any part of the State (including through a water reticulation system),

introduce one or more water conservation measures.

(4) A regulation or notice under this section may provide that a specified activity involving the use of water cannot occur except under the authority of an approval issued by the Minister in accordance with the regulations.

(5) However, a notice under subsection (3) may not apply with respect to the use of water supplied through a water reticulation system controlled by the South Australian Water Corporation under the Waterworks Act 1932.

(6) A regulation or notice under this section may—

(a)apply in relation to any water—

(i)that forms part of the water resources (whether prescribed or not) of the State; or

(ii)that is available for use within the State (including through a water reticulation system (but subject to the operation of subsection (5));

(b)apply in relation to the whole or any part of the State;

(c)apply any measure for a specified period or periods, or indefinitely (subject to any subsequent variation or revocation);

(d)apply any measure in relation to specified classes of persons or bodies, or generally;

(e)specify conditions or provide for exemptions;

(f)otherwise make different provision according to circumstances specified in the regulation or notice.

(7) The Minister may, by subsequent notice published in the Gazette and in a newspaper circulating generally throughout the State, vary or revoke a notice under subsection (3).

(8) The Minister must, as soon as practicable after the publication of a notice under this section, prepare a report about his or her action and cause copies of that report to be laid before both Houses of Parliament.

(8) A person who contravenes or fails to comply with a regulation or notice under this section is guilty of an offence.

Maximum penalty:

(a)where the offender is a body corporate—$10 000;

(b)where the offender is a natural person—$5 000.

Expiation fee:$315.

Amendment of section 132—Declaration of penalty in relation to the unauthorised or unlawful taking or use of water

5. (1) Section 132(1)—after paragraph (b) insert:

(c)a person who uses water in contravention of a notice under section 16.

(2)Section 132(2)—after paragraph (b) insert:

(c)in the case of a contravention of a notice under section 16—depending on the relevant contravention.

Part 3—Amendment of Waterworks Act 1932

Amendment of section 10—Regulations

6. (1) Section 10(1)XI—after "misuse of water," insert:

or for providing for the better conservation, use or management of water,

(2)Section 10(6)—delete subsection (6) and substitute:

(6) The regulations may—

(a)impose a penalty not exceeding—

(i)$10 000 for contravention of, or failure to comply with, a regulation by a body corporate; and

(ii)$5 000 for contravention of, or failure to comply with, a regulation by a natural person; and

(b)fix an expiation fee not exceeding $315 for an alleged contravention of, or failure to comply with, a regulation.

Amendment of section 33—Power to lessen or discontinue supply

7. Section 33—delete "stored in any reservoir has been diminished to such an extent as" and substitute:

available for supply under this Act has been, or is likely to be, diminished so as

Amendment of section 33A—Restrictions on the use of water

8. (1) Section 33A(1)—delete subsection (1) and substitute:

(1) Subject to this section, the Corporation may, with the approval of the Minister by notice published in the Gazette, do one 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.

(1a) However, the Corporation may only act under subsection (1) if the Corporation has determined to take action because it is of the opinion that water available under this Act is insufficient, or is likely in the future to be insufficient, to meet demand, or the Corporation is of the opinion that other circumstances exist to justify the implementation of measures under this section to provide for the conservation or efficient use or management of water.

(1b) A notice under subsection (1) may provide that a specified activity involving the use of water cannot occur except under the authority of a permit issued by the Corporation in accordance with the regulations.

(2)Section 33A(3), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

(a)where the offender is a body corporate—$10 000;

(b)where the offender is a natural person—$5 000.

Expiation fee:$315.

Amendment of section 35A—Reduction in water supply to cope with demand

9. Section 35A(4), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

(a)where the offender is a body corporate—$10 000;

(b)where the offender is a natural person—$5 000.

Expiation fee:$315.

Amendment of section 43—Interfering with or by-passing meter

10. Section 43(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

(a)where the offender is a body corporate—$10 000;

(b)where the offender is a natural person—$5 000.

Expiation fee:$315.

Printed under the authority of the Government Printer

South Australian Bills

STATUTES AMENDMENT (WATER CONSERVATION PRACTICES) BILL 2003