South Australian Consolidated Acts South Australian Consolidated Acts12—Power of Minister to do certain acts and execute certain works
(1) For the purpose of
constructing, completing, extending, or maintaining any waterworks, or for
supplying water to or in any water district, or for the purpose of making any
examination or test of any land for the purpose of ascertaining whether that
land is suitable for the construction thereon of any waterworks which are
proposed to be constructed, or for any incidental purpose, or otherwise for
the purpose of carrying out the provisions of this Act, the Minister may
exercise any of the powers following, that is to say—
I He may enter upon
any lands and take levels of the same, and set out such parts thereof as he
shall think necessary, and dig, break, and trench the soil of such lands, and
remove or use all earth, stone, minerals, trees, or other things dug or
obtained out of or from the same:
II He may enter upon,
take, and hold, either temporarily or permanently, such lands as he may from
time to time deem necessary for the construction, maintenance, repair, or
improvement of any waterworks authorised or for the construction of which
money is voted by Parliament, or for obtaining or enlarging the supply of
water, or for improving the quality thereof, or otherwise for the purposes of
this Act:
III He may from time
to time sink such wells or shafts, and make, maintain, alter, or discontinue
such reservoirs, waterworks, cisterns, tanks, aqueducts, drains, cuts,
sluices, pipes, culverts, engines, and other works, and erect such buildings
upon the lands, streams, and watercourses authorised to be taken by him as he
thinks proper for supplying the inhabitants of any water district with water:
IV He may from time to
time divert and impound the water from any streams or springs as he may think
fit, and alter the courses of the same, and also take the water of such
streams or springs and also such waters as may be found in, under, or on any
lands so to be taken for the purposes of this Act:
V He may enter upon
any Crown or private lands, streets, roads, or thoroughfares, and lay or place
therein any pipes, and may repair, alter, cut off, or remove the same, and may
enter upon any such lands, streets, roads, or thoroughfares for the purpose of
repairing any watercourses, pipes, or other works, being his property or under
his control:
VI He may enter upon
any lands within a watershed and execute such works, make such tests, do such
things and make such alterations to the said lands as are in his opinion
necessary to reduce, eliminate or destroy any agencies, things or substances
which in his opinion are likely to be conveyed to watercourses, streams,
reservoirs or other waterworks and infest or impair the quality of any water
therein.
(2) In the exercise of
any of the powers conferred by this section the Minister shall inflict as
little damage as may be, and in all cases, where he can conveniently do so,
shall provide other watering-places, drains, and channels for the use of
adjoining lands, in place of any taken away or interrupted by him, and shall
make full compensation to all parties interested for all damage sustained by
them through the exercise of such powers.
(3) The Minister shall
not be liable to make compensation in respect of any damage sustained by
reason of the taking or diverting of water permanently or otherwise from any
river, stream, or watercourse, unless a claim in writing is made in respect of
such compensation within twelve months after any damage has been caused. In
every case where the Minister cannot agree with the owner or claimant, the
amount of compensation shall be ascertained, and the case, in other respects,
shall be dealt with under the provisions of the Land Acquisition
Act 1969 .
(4) No park lands, or
other lands under the control of any municipal corporation or district council
shall be entered upon, taken, and held pursuant to this section, unless the
consent in writing of the municipal corporation or district council having the
control thereof is obtained.