Water and Sewerage Act 2000

This Act is the Water and Sewerage Act 2000.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.

For example, the signpost definition ‘sewerage network—see the Utilities Act 2000, section 14.’ means the term ‘sewerage network’ is defined in the dictionary to the Act and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

To remove any doubt, this Act applies, as far as possible, to the installation of the following:

a chemical toilet;

a flushing toilet that will, or is intended to, discharge into a septic system;

a connection to a septic system.

This section does not limit the application of this Act.

Part 2 Plan approvals

Division 2.1 Certifiers

The owner of premises where it is proposed to do sanitary plumbing work, water supply plumbing work or sanitary drainage work must appoint a certifier in relation to the work.

Note For the making of appointments, see the Legislation Act, div 19.3.

Subsection (1) does not apply if—

the structure in relation to which the work is to be done is a single residential building; or

the work is on a pipe connected to a property service less than 50mm in diameter; or

the work consists of replacing taps or toilets or other basic maintenance; or

the cost of the work is not more than $1 000 or a higher prescribed amount.

A certifier’s appointment ends if the certifier ceases to be entitled to be appointed as a certifier in relation to the relevant work.

Note 1 A person’s power to make an appointment includes the power to end the appointment (see Legislation Act, s 208).

Note 2 A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

The Legislation Act, section 209 (Power of appointment includes power to make acting appointment) does not apply to the appointment of a certifier under this section.

A provision in a contract or agreement that purports to limit or modify the operation of this Act in relation to a certifier has no effect.

Division 2.2 Issue of plan approvals

The owner of premises may apply to a certifier for approval of a plan in relation to sanitary drainage work, sanitary plumbing work or water supply plumbing work.

A certifier must not approve a plan in relation to sanitary drainage work, sanitary plumbing work, or water supply plumbing work unless the following approvals have been obtained for the result of the work:

approval from the responsible utility—

if non-domestic waste is to be disposed of—for the disposal of the waste to the sewerage network and the manner of disposal; or

if an increase in water demand or sewer load is expected—for the increase; or

if a point of connection to the sewerage network or the water network is to be changed or removed—for the change or removal; or

if a new point of connection to the sewerage network or the water network is required—for the point; or

if a new fire service is proposed—for the proposal; or

if surface water or stormwater is to be discharged to the sewerage network—for the discharge and manner of discharge; or

if a water pumping appliance or sewage pumping appliance is to be connected to the water network or the sewerage network—for the connection and manner of connection;

if radioactive materials are to be disposed of into the sewerage network—approval from the responsible utility and the chief health officer for the disposal and manner of disposal.

A certifier must not issue a plan approval unless—

the application is in accordance with section 7 (Application for plan approval); and

the plan that accompanies the application complies with any requirements prescribed by regulation; and

the applicant has obtained the approvals mentioned in subsection (1); and

the requirements of this Act have otherwise been complied with; and

the proposed plumbing or sanitary drainage work complies with the plumbing code.

If the certifier issues a plan approval—

the approval must be marked on, attached to or partly marked on and partly attached to, each page of the plan it relates to; and

the certifier must initial and mark the certifier’s licence number on each page of the plan.

However, if, because of the size of the plans, it is impractical to mark the plumbing plan approval on each page of the plans, instead of marking the approval under subsection (3) (a), the certifier may mark each page of the plans with an indication that the approval, or part of the approval, is in a separate document instead.

A certifier who issues a plan approval must—

give a copy of the approval and the relevant plans—

as soon as practicable, to the applicant; and

within 7 days after the day the plans are approved, to the construction occupations registrar; and

if the consequence of work in accordance with the plan would be the discharge of raw or treated sewage, or a by-product of sewage, to somewhere other than the sewerage network—give notice as prescribed by regulation to the chief health officer and the director‑general, of the administrative unit responsible for environmental matters.

The owner of premises to which a plan approved by a certifier relates may apply to a certifier for approval of an amendment of the plan.

The certifier—

must refuse the application if satisfied that the proposed amendment requires reconsideration of the plan approval; or

may approve the amendment and amend the plan accordingly if—

satisfied that reconsideration of the plan approval is not required; and

the requirements of section 8 (2), other than paragraph (a), have been complied with in relation to the amendment.

A regulation may prescribe when the proposed amendment of a plan does, or does not, require reconsideration of the plan approval.

A certifier who approves an amendment must keep all documents relating to the amendment for 12 months.

In this section, a reference to a plan approval includes a reference to an approval that has been amended in accordance with this section.

If a certifier approves a plan as amended under section 9—

the amended plan approval must be marked on, attached to or partly marked on and partly attached to, each page of the plan it relates to; and

the certifier must initial and mark the certifier’s licence number on each page of the plan.

However, if, because of the size of the plans, it is impractical to mark the amended plumbing plan approval on each page of the plan, instead of marking the amended plan approval under subsection (1) (a), the certifier may mark each page of the plan with an indication that the approval, or part of the approval, is in a separate document instead.

The certifier must—

give a copy of the amended approval and the amended plan as soon as practicable to the person who applied for the approval; and

within 7 days after the issue give to the construction occupations registrar—

a copy of the amended approval; and

a copy of the amended plan.

A certifier who has received an application for a plan approval under section 7 (Application for plan approval) must, if the certifier’s appointment in relation to the work ends, within 7 days after the appointment ends, notify the construction occupations registrar, in writing.

Maximum penalty: 1 penalty unit.

Part 3 Offences

Note Under the Construction Occupations (Licensing) Act 2004, unlicensed people must not provide certain services.

A licensee commits an offence if the licensee installs or fits a sprinkler system or any part of a fire sprinkler service without giving the construction occupations registrar written notice of the licensee’s intention to provide the service at least 2 business days before the day the licensee intends to start to provide the service.

Maximum penalty: 20 penalty units.