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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Water Industry (Compensation for Loss or Damage)
Amendment Bill 2016
A BILL FOR
An Act to amend the
Water
Industry Act 2012
.
Contents
Part 2—Amendment of Water Industry
Act 2012
68ACompensation for
loss or damage
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Water Industry (Compensation for Loss or
Damage) Amendment Act 2016.
This Act comes into operation on the day on which it is made.
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 Industry
Act 2012
After section 68 insert:
68A—Compensation for loss or
damage
(1) If a person suffers loss or damage to property by a leakage from, or a
bursting of, any infrastructure used by a water industry entity in the water
industry or any equipment connected to, or any equipment, products or materials
used in connection with, any infrastructure used by the entity in the water
industry, the water industry entity must as soon as reasonably
practicable—
(a) make good the loss or damage; or
(b) pay compensation to the owner of the property for the loss or
damage.
(2) In addition, if a person suffers loss or damage to residential
premises such that the person is unable to reasonably reside at those premises,
the water industry entity must provide immediate financial assistance to the
person to—
(a) cover reasonable incidental expenses arising as a result of the loss
or damage (including, without limitation, with respect to transport, food and
clothing); and
(b) secure alternative temporary accommodation for the period in which the
premises are not reasonably able to be occupied by the person.
(3) In the event of a claim on an insurance policy held by the person, any
action of, or payment by, the water industry entity under this section is liable
to be brought into account in respect of money payable under the policy to the
extent that the action or payment is relevant to loss or damage covered by the
terms and conditions of the policy.
(4) However, any excess payable by the person or any shortfall resulting
from under insurance in respect of the claim must be met by the water industry
entity.
(5) In this section—
property includes vehicles, vessels, land, residential and
commercial premises and other buildings and structures, fixtures and fittings
and any personal chattels or other contents that may be on or in any vehicle,
vessel, land, premises, building or structure.