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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Waterworks (Making of Restrictions) Amendment
Bill 2007
A BILL FOR
An Act to amend the Waterworks Act 1932.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Waterworks
Act 1932
4 Substitution of section
33A
33A Restrictions on the use of
water
33B Stakeholders Advisory
Committee
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Waterworks (Making of Restrictions)
Amendment Act 2007.
(1) Subject to subsection (2), this Act will come into operation on a
day to be fixed by proclamation.
(2) If a provision of this Act has not been brought into operation sooner,
it will, by force of this subsection, come into operation 3 months after
assent.
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 Waterworks
Act 1932
Section 33A—delete the section and substitute:
33A—Restrictions on the use of
water
(1) For the purposes of this section, water conservation measures may do 1
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 made on the recommendation of the
Minister, introduce one or more water conservation measures.
(3) The Minister may only make a recommendation under subsection (2)
after consultation with the Corporation.
(4) Regulations under subsection (2) must be declared to be
made—
(a) for the purposes of taking action to provide for the better
conservation, use or management of water (longer-term measures);
or
(b) for the purposes of taking action on account of a situation, or likely
situation, that, in the opinion of the Minister, has resulted, or is likely to
result, in a decrease of the amount of water available within a water resource
that is used for the purposes of supplying water under this Act
(short-term measures).
(5) A regulation under subsection (2) will, unless it has already
been revoked, expire—
(a) in the case of a longer-term measure—at the expiration of
5 years from the day on which it comes into operation;
(b) in the case of a short-term measure—at the expiration of
1 year from the day on which it comes into operation.
(6) A regulation under this section 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.
(7) A regulation under this section may—
(a) apply in relation to the whole or any part of the State;
(b) apply any measure in relation to specified classes of persons or
bodies, or generally;
(c) specify conditions or provide for exemptions;
(d) otherwise make different provision according to circumstances
specified in the regulation.
(8) A person who contravenes or fails to comply with a regulation 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.
33B—Stakeholders Advisory
Committee
(1) The Stakeholders Advisory Committee (SAC) is
established.
(2) SAC consists of 7 members appointed by the Governor on the
recommendation of the Minister.
(3) The membership of SAC must include persons who together have, in the
Minister's opinion, the following attributes:
(a) practical knowledge of, and experience in, water management in an
urban or regional setting;
(b) practical knowledge of, and experience in, the protection and
management of the environment;
(c) practical knowledge of, and experience in, water
conservation;
(d) practical knowledge of, and experience in, the plant nursery and
garden industry;
(e) practical knowledge of, and experience in, the storage and supply of
bulk water;
(f) practical knowledge of, and experience in, community
affairs;
(g) practical knowledge of, and experience in, industry, commerce or
business.
(4) For the purposes of recommending persons under
subsection (2)—
(a) the Minister must consult with the City of Salisbury in relation to
the appointment of a person to comply with subsection (3)(a); and
(b) the Minister may consult, as the Minister thinks fit, with other
persons or bodies with a view to ensuring that a person appointed under
subsection (2) has wide recognition or support within a sector reflected in
subsection (3).
(5) A member of SAC—
(a) will hold office on conditions determined by the Governor for a term,
not exceeding 3 years, specified in the instrument of appointment and will, at
the expiration of a term of office, be eligible for reappointment; and
(b) is entitled to fees, allowances and expenses approved by the Governor;
and
(c) may be removed from office in accordance with the
regulations.
(6) The Governor may appoint a member of SAC to be the presiding member of
SAC.
(7) Subject to this section, SAC may determine its own
procedures.
(8) The function of SAC is to provide a report to be tabled in Parliament
whenever a water conservation measure is introduced or varied under
section 33A.
(9) The report must assess the appropriateness of the new water
conservation measure or variation (as the case may be) and, in particular, must
provide information on—
(a) the efficiency of the measure or variation as a water conservation
measure; and
(b) environmental, social and economic impacts associated with the measure
or variation; and
(c) various strategies or practices that may be adopted or applied to
promote or achieve greater efficiencies in the use of water (taking into account
the circumstances of the particular measure or variation).
(10) The report may include such other information or recommendations as
SAC thinks fit.
(11) The report must accompany the regulations to which the report relates
when the regulations are laid before each House of Parliament under the
Subordinate Legislation Act 1978.