South Australian Consolidated Regulations South Australian Consolidated Regulations5—Pipes must not lie across allotment boundaries
(1) Subject to this
regulation, a pipe connected to the waterworks must not lie across the
boundary between adjoining allotments and accordingly—
(a) a
person must not—
(i)
lay a pipe that is, or is to be, connected to the
waterworks across the boundary of adjoining allotments; or
(ii)
connect a pipe that has been laid across the boundary of
adjoining allotments to the waterworks;
(b) if,
on the division of land, the boundary of adjoining allotments intersects the
line on which a pipe connected to the waterworks has been laid, the owner or
occupier of each allotment may be directed by the Corporation under this
regulation to disconnect the pipe from the waterworks.
(2)
Subregulation (1) does not apply in relation to allotments in the same
site under the Strata Titles Act 1988 or in the same community parcel
under the Community Titles Act 1996 .
(3) It is a defence to
prosecution for an offence against subregulation (1)(a) to prove that the
laying or connecting of the pipe was done with the written approval of the
Corporation.
(4) Where a pipe
connected to the waterworks lies across the boundary between adjoining
allotments (except allotments in the same site under the
Strata Titles Act 1988 or in the same community parcel under the
Community Titles Act 1996 ), the Corporation may give written notice to
the owner or occupier of each of the allotments directing him or her to
disconnect the pipe from the waterworks in the manner and at the point and
within the time stated in the notice.
(5) A person to whom a
notice is given under subregulation (4), or a person acting on his or her
behalf, is entitled to carry out such work as is reasonably necessary in order
to comply with the notice and for that purpose may enter either or both of the
allotments or any adjoining land.
(6) A person who fails
to comply with a notice is guilty of an offence.
(7) If the persons to
whom notice has been given fail to comply with it, the Corporation or a person
authorised by the Corporation may enter either allotment or any adjoining land
and carry out the necessary work and those persons are jointly and severally
liable to the Corporation for its costs in carrying out that work.
(8) The owners of the
allotments are jointly and severally liable to—
(a) the
Corporation for its costs in carrying out work under subregulation (7);
and
(b) an
occupier of either allotment for—
(i)
the occupier's costs in carrying out work required by a
notice given to the occupier under subregulation (4); and
(ii)
for any amount that the occupier is liable to pay to the
Corporation under subregulation (7).