South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
except where the subject matter or context or some other provision requires a
different construction—
"adjacent land" means—
(a) land
abutting upon part of a street in, or adjacent to, which a gazetted main pipe
has been laid; or
(b) land
abutting upon, or traversed by, a gazetted main pipe; or
(c) land
that is, pursuant to section 121 of this Act, deemed to be adjacent land,
but does not include any such land to which the Corporation is not prepared to
supply water by means of a direct service;
"consumer" means any person supplied with water under this Act;
"Corporation" means South Australian Water Corporation established under the
South Australian Water Corporation Act 1994 ;
"country lands water district" means a water district declared by proclamation
under this Act to be a country lands water district;
"direct service" in relation to the supply of water in respect of land, means
the supply of water to a point determined by the Corporation within or
adjacent to the boundaries of that land;
"financial year" means the period commencing on the first day of July in any
year and ending on the thirtieth day of June in the next year;
"fittings" includes communication pipes, standpipes, and all other pipes, and
also all cocks, valves, siphons, cisterns, tanks, vessels and other apparatus
connected to the waterworks;
"gazetted main pipe" means a main pipe or part of a main pipe referred to in a
notice published or deemed to have been published under section 90 of
this Act;
"land" includes premises;
"owner" includes the person for the time being receiving, or entitled to
receive, the rents and profits of any land, whether on his own account or as
agent, trustee, or attorney;
"payment day" means the day on which water rates are payable upon land within
a water district pursuant to the provisions of section 94 of this Act;
"premises" means any house, and any public or private building whatsoever, and
any part of any house or building, and any garden, stable, yard, or other
offices used together or in connection with any house, or building, and every
part thereof;
"quarter" in relation to a financial year means each of the following periods:
(a) the
period commencing on the first day of July and ending on the thirtieth day of
September; and
(b) the
period commencing on the first day of October and ending on the thirty-first
day of December; and
(c) the
period commencing on the first day of January and ending on the thirty-first
day of March; and
(d) the
period commencing on the first day of April and ending on the thirtieth day of
June;
"ratable land" means—
(a)
adjacent land; and
(b) land
contiguous to adjacent land and subject to the same ownership or occupation;
and
(c) land
to which water is supplied directly or indirectly by the Corporation; and
(d) land
in respect of which the Corporation has, at any time, at the request of an
owner or occupier of the land, provided a supply of water to a point,
determined by the Corporation, from which the land may receive water,
but does not include land to which water is supplied pursuant to an agreement
under Part 4 of this Act;
"stream" includes a river, creek, brook, spring, lake, aqueduct, conduit,
tunnel or any structure through or along which water passes and includes any
water in a stream;
"street" means every public square, place, road, terrace, and thoroughfare,
and any private street;
"vacant land" means unoccupied land which is not built upon, and which is not
appurtenant to, or used in connection with, any building, and whether such
land is used for the purpose of depasturing cattle thereon or otherwise;
"water district" means any water district proclaimed from time to time under
this Act, or any Act repealed by this Act, within which water is to be
supplied, and also means any other water district constituted before the
passing of this Act;
"water rate" includes every rent payable, and every reward or payment to be
made, whether under agreement or otherwise, to the Corporation, for a supply
of water from the waterworks for any purpose whatever;
"watercourse" means the bed of a river, creek or other channel in which water
flows whether ordinarily, intermittently or occasionally and any water
therein;
"waterworks" includes all water storages, reservoirs, wells and bores, pumping
stations, water treatment stations, tanks, aqueducts, tunnels, pipes and other
works for the collection, treatment and distribution of water acquired by or
under the control of the Corporation and all land acquired by or under the
control of the Corporation for the purposes of this Act in connection with the
supply of water.
(2) For the purposes
of this Act, a reference to connection to or disconnection from the waterworks
includes a reference to connection to or disconnection from a pipe or fitting
through which water is supplied from the waterworks.
(3) For the purpose of
applying the definition of "adjacent land —
(a)
where the land comprised in a strata plan under the Strata Titles
Act 1988 is adjacent land in relation to a gazetted main pipe, the common
property and each of the units comprising the land will be taken to be
adjacent land in relation to the main pipe;
(b)
where land that is a community parcel within the meaning of the Community
Titles Act 1996 is adjacent land in relation to a gazetted main pipe and
is divided by a strata plan under that Act, the common property and each of
the strata lots comprising the parcel will be taken to be adjacent land in
relation to the main pipe;
(c)
where land that is a community parcel within the meaning of the Community
Titles Act 1996 is adjacent land in relation to a gazetted main pipe and
is divided by a community plan (not being a strata plan) under that Act, those
parts of the common property and those lots comprising the parcel that are, or
are to be, connected to the main pipe will be taken to be adjacent land in
relation to the main pipe.