South Australian Bills

[Index] [Search] [Download] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


WATERWORKS (COUNCIL ROADWORK) AMENDMENT BILL 2002

[BIL082-A.HAA]

HOUSE OF ASSEMBLY – No 59

[Laid on the Table and read a first time, 21 August 2002]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of R. McEwen, M.P.]

WATERWORKS (COUNCIL ROADWORK) AMENDMENT BILL 2002

A Bill For

An Act to amend the Waterworks Act 1932.

[OPC-H62]


SUMMARY OF PROVISIONS

1.Short title

2.Insertion of s. 24

24.Obligation to carry out certain works

3.Amendment of s. 51—Duty to give notice before paving street, etc.


The Parliament of South Australia enacts as follows:


Short title

1. (1) This Act may be cited as the Waterworks (Council Roadwork) Amendment Act 2002.

(2) The Waterworks Act 1932 is referred to in this Act as "the principal Act".

Insertion of s. 24

2. The following section is inserted immediately after section 23 of the principal Act:

Obligation to carry out certain works

24. (1) The Corporation is subject to the operation of section 217 of the Local Government Act 1999 with respect to any waterworks installed in, on, across, under or over a street (on the basis that the Corporation is to be taken to be the owner of any such waterworks for the purposes of that section) and accordingly—

(a)the Corporation must comply with any order of a council directed to the Corporation under subsection (1) of that section; and

(b)a council may exercise its powers under subsection (2)(a) of that section if an order is not complied with by the Corporation.

(2) Nothing in subsection (1) renders the Corporation liable to be prosecuted for an offence.

Amendment of s. 51—Duty to give notice before paving street, etc.

3. Section 51 of the principal Act is amended by inserting after subsection (6) the following subsection:

(7) This section does not apply where—

(a)the work is being carried out on account of an order of a council under section 217(1) of the Local Government Act 1999; or

(b)the work is being carried out by or on behalf of a council in the exercise of the powers of a council under section 217(2) of the Local Government Act 1999.

By Authority: J. D. Ferguson, Government Printer, South Australia

 


[Index] [Search] [Download] [Help]