1.1.The purpose of this Charter is to set out the strategic objectives, operational arrangements and financial requirements for the South Australian Water Corporation (the Corporation), as determined by the Government of South Australia.
1.2.This Charter has been prepared by the Minister for Water and the River Murray (the Minister) and the Minister for Finance (1) , in consultation with the Corporation, pursuant to section 12 of the Public Corporations Act 1993.
1.3.This Charter should be read in conjunction with the annual Performance Statement prepared in consultation with the Minister and the Minister for Finance pursuant to section 13 of the Public Corporations Act 1993, setting the performance targets that the Corporation is to pursue in the coming financial year.
2.1.This Charter should be read in conjunction with the following:
- South Australian Water Corporation Act 1994
- Public Corporations Act 1993
- Water Industry Act 2012
- Essential Services Commission Act 2002
- Rates and Land Tax Remission Act 1986
- Public Finance and Audit Act 1987
- Public Sector Act 2009
- Public Sector (Honesty and Accountability) Act 1995
- Metropolitan Drainage Act 1935, Linear Parks Act 2006 and South- Western Suburbs Drainage Act 1959
- Code of Ethics for the South Australian Public Sector(February 2010)
- Honesty and accountability for members of government boards (March 2011)
‘Board’ means the board of directors established as the governing body of the South Australian Water Corporation under the South Australian Water Corporation Act 1994.;
‘Director’ means a member of the board;
‘Minister’ means the Minister for Water and the River Murray;
‘Performance Statement’ means the statement of performance targets that the Corporation must pursue in the coming financial year as specified by the Minister and the Minister for Finance after consultation with the Corporation under section 13 of the Public Corporations Act 1993;
‘the Corporation’ means the South Australian Water Corporation;
‘the Government’ means the Government of South Australia;
‘the State’means the State of South Australia;
‘Treasurer’ means the Treasurer for the Government of South Australia
‘Minister for Finance’ means the Minister for Finance for the Government of South Australia.
 Sections 12 and 13 of the Public Corporations Act 1993 were delegated to the Minister for Finance on 12 December 2013.
4.1.The Corporation is established under the South Australian Water Corporation Act 1994 and is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.
5.1.Pursuant to section 7 of the South Australian Water Corporation Act 1994:
(1)The Corporation's primary functions are to provide services—
(a)for the supply of water by means of reticulated systems; and
(b)for the storage, treatment and supply of bulk water; and
(c)for the removal and treatment of wastewater by means of sewerage systems.
(2)The Corporation has the following further functions:
(a)to carry out research and works to improve water quality and wastewater disposal and treatment methods;
(b)to provide consultancy and other services within areas of the Corporation's expertise;
(c)to develop commercially and market products, processes and intellectual property produced or created in the course of the Corporation's operations;
(d)to advise users of water in the efficient and effective use of water;
(e)to encourage and facilitate private or public sector investment and participation, whether from within or outside the State, in the provision of water and wastewater services and facilities; and
(f)any other function conferred on the Corporation by this Act, any other Act or the Minister or delegated to the Corporation by the Minister.
5.2.The following functions have been conferred on the Corporation in addition to the functions set out in section 7 of the South Australian Water Corporation Act 1994:
6.1.The Corporation owns assets for and on behalf of the Government for the benefit of the State and has the powers of a natural person and any other powers conferred on it by legislation.
6.2.The Government, represented by the Minister and the Treasurer, is the owner of the Corporation, acting for and on behalf of the people of South Australia.
6.3.The Minister and the Minister for Finance will prepare and review, before the end of each financial year a Performance Statement, in consultation with the Corporation, pursuant to section 13 of the Public Corporations Act 1993.
7.1.The Board is empowered under the South Australian Water Corporation Act 1994 to make binding decisions for the implementation of that Act.
7.2.The Board is authorised to interpret the meaning of this Charter, and to determine any other matter relating to the affairs of the Board and Corporation on which this Charter is silent.
7.3.The Board may make recommendations to the Minister and the Minister for Finance regarding improvements or modifications to this Charter.
7.4.The Board is accountable to the Minister and the Treasurer for the sound management and stewardship of the Corporation and its assets, for and on behalf of its owners, in accordance with the law, and for the attainment of performance targets specified in the Performance Statement.
7.5.The Board’s key responsibilities are to achieve continued performance improvement and to manage the Corporation to protect the Government’s financial interests.
7.6.The Board and directors shall fulfil these responsibilities in accordance with relevant Government policy and legislation as outlined in section 2.1 of this Charter.
7.7.In accordance with section 12 of the South Australian Water Corporation Act 1994, the Board shall consist of six members appointed by the Governor and the chief executive officer of the Corporation.
7.8.As provided for in section 8 of the Public Corporations Act 1993, a person authorised in writing by the Minister or the Minister for Finance may attend, but not participate in, any meeting of the Board, and may have access to papers provided to directors for the purposes of the meeting.
8.1.For the purposes of section 12 of the Public Corporations Act 1993, all operations of the Corporation are commercial operations, except for those operations specified at section 9 below.
8.2.The Corporation may undertake other commercial operations within South Australia where such operations:
8.3.The Corporation may undertake commercial operations outside South Australia, subject to the approval of the Minister and the Treasurer, where such operations:
8.4.With the approval of the Minister and the Minister for Finance , the Corporation may pursue commercial opportunities through subsidiaries, joint venture or other appropriate arrangements, to the extent necessary or expedient to fulfil this Charter.
Fees and charges
8.5.The Corporation’s fees and charges will be established in accordance with the Water Industry Act 2012 and any determination issued under the Essential Services Commission Act 2002, as detailed in the Corporation’s Fees and Charges Framework – April 2013. This will include providing for community concessions to certain customers as determined by the Corporation, Minister or Treasurer.
8.6.For operations not subject to the Water Industry Act 2012 or Essential Services Commission Act 2002, fees and charges will be established in accordance with the Corporation’s Excluded Retail Services Policy (CP 175) and will:
8.7.The Corporation will comply with Treasurer’s Instructions and other Government policies relating to the acquisition and disposal of assets.
Borrowing and investment activities
8.8.The Corporation may borrow funds from the South Australian Government Financing Authority, subject to approval by the Treasurer.
8.9.All funds or retained earnings shall be invested with the South Australian Government Financing Authority.
8.10.In accordance with the Government’s Financial Ownership Framework for Public Non-Financial Corporations, the Corporation shall maintain a capital structure commensurate with the capital intensity of its operations and the risk profile of its operating revenue and expenses. In addition, consideration will also be given to the:
Dividend and tax equivalent payments
8.11.The Corporation will comply with Government policies and relevant Treasurer’s Instructions on dividend and tax equivalent payments.
8.12.In accordance with section 29 of the Public Corporations Act 1993, the Corporation will pay to the Treasurer all rates, duties and taxes that would apply if the Corporation was not an instrumentality of the Crown
8.13.In accordance with section 30 of the Public Corporations Act 1993, before the end of each financial year the Corporation will recommend to
9.1.Pursuant to section 12 of the Public Corporations Act 1993, the Corporation’s non-commercial operations include those operations that are:
9.2.In addition to the requirements of section 11 of the Public Corporations Act 1993, the Corporation is to undertake non-commercial operations so as to minimise any negative impact on the State.
9.3.Non-commercial operations are to be costed and funded in line with Government policy or as determined by the Minister and the Treasurer.
9.4.The Corporation may undertake non-commercial operations within or outside the State, subject to the approval of the Minister and the Treasurer.
Form and content of accounts and financial statements
10.1.The Corporation will maintain financial and accounting processes, practices and systems, and prepare financial statements in accordance with:
Accounting and internal auditing systems and practices
10.2.The Corporation will establish and maintain effective records of all asset acquisitions and disposals.
10.3.The Corporation will establish and maintain effective internal auditing of its operations in accordance with appropriate standards of practice and as required by its Audit Committee.
Obligations to report on operations
10.4.In addition to statutory reporting, the Corporation will provide the following reports to the Minister, the Treasurer, or DTF (as appropriate):
10.5.The Board is obliged to:
11.1.This Charter comes into operation upon signing by the Minister for Water and the River Murray and the Minister for Finance and is binding on the Corporation.