Regulation-making power
49 Regulation-making power
The Executive may make regulations for this Act.
A regulation may also make provision in relation to—
the certification of plumbing or sanitary drainage work; and
the doing of plumbing or sanitary drainage work; and
the inspection of the plumbing, or the sanitary drainage system, or plumbing or sanitary drainage work; and
notification requirements in relation to plumbing or sanitary drainage work; and
standards for plumbing or sanitary drainage work and the approval of materials to be used in that work; and
the connection of equipment to infrastructure related to the supply of water or to drains or sewers; and
the removal or repair of defective plumbing or sanitary drainage work; and
the review of decisions made under the regulations; and
the payment of fees.
The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.
Dictionary (see s 2)
The Legislation Act contains definitions and other provisions relevant to this Act.
In particular, the Legislation Act, dict, pt 1, defines the following terms:
ACAT
appoint
Australian citizen
construction occupations registrar
disallowable instrument (see s 9)
document
exercise
function
magistrate
penalty unit (see s 133)
reviewable decision notice
the Territory.
The Legislation Act, s 164 defines the following terms:
AS
AS/NZS
Australian Standard
Australian/New Zealand Standard.
backflow prevention device means a device to prevent the reverse flow from a potentially polluted source into a water supply system for water suitable for human consumption.
certifier means a person who holds a licence as a plumbing plan certifier.
connected, with an offence, for part 4 (Enforcement)—see section 18.
credit card includes a debit card.
fire sprinkler service means the part of water supply pipework from fire sprinklers to the place where a backflow prevention device must be installed to comply with the plumbing code to prevent backflow from the pipework directly serving the fire sprinklers.
fire sprinkler work means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of a fire sprinkler service.
grey water—
means domestic waste from baths, basins, showers and laundries; and
includes floor waste from areas mentioned in paragraph (a); but
does not include kitchen waste or waste containing gastrointestinal products or other bodily waste.
hot-water system means—
a water heater connected to a water service; and
the equipment and materials connected to a water service that are necessary to provide a supply of hot water.
inspector—see section 23 (Appointment of inspectors).
irrigation means the supplying of water for—
growth, cooling, treating, humidifying and frost protection of vegetation; and
water replenishment of the soil.
irrigation system—
means the part of water supply pipework from a water network to outlets for irrigation; but
does not include part of a water network.
land sublease—see the Planning Act 2023, dictionary.
licence of a stated kind, means a licence of that kind under the Construction Occupations (Licensing) Act 2004.
licence number—see Construction Occupations (Licensing) Act 2004, section 23 (1) (c).
licensee, in relation to a service, means a person licensed under the Construction Occupations (Licensing) Act 2004 to provide the service.
occupier, of premises, for part 4 (Enforcement)—see section 18.
offence, for part 4 (Enforcement)—see section 18.
owner, of premises or land on which a sewerage or water service has been, or is to be, installed includes—
the occupier, lessee, tenant or holder of the premises or land; and
for land under a land sublease or premises on the land—the sublessee.
plan approval means a plan approval issued under section 8 (Issue of plan approvals).
plumbing code—see section 44C.
premises includes land and place.
reasonably believes, for part 4 (Enforcement)—see section 18.
responsible utility means—
in relation to the sewerage network—a utility licensed to provide sewerage services using the network; and
in relation to the water network—a utility licensed to provide water services using the network.
reviewable decision, for part 5 (Notification and review of decisions)—see section 44.
sanitary drain—
means a pipe, conduit or fitting, or device directly connected to 1 or more of them, that—
is installed in or on the ground (or partly in and partly on the ground) and is used, or for use, in relation to the drainage of a single building, or the drainage of 2 or more buildings by a combined drainage operation; and
is, or is to be, indirectly or directly connected to a sewerage network, a septic tank, on-site sewerage treatment unit or other receptacle for sewage; but
does not include—
a grey-water irrigation hose used, or for use, in relation to the carrying of grey water directly to a grey-water irrigation area; or
a thing mentioned in paragraph (a)—
that is part of a sewerage network for which there is a responsible utility; or
that is intended by a utility, or by an entity that has an arrangement (however described) with a utility in relation to the thing, to become part of a sewerage network for which the utility is the responsible utility.
sanitary drainage work—
means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of a sanitary drain; but
does not include—
inspecting a sanitary drain, clearing a blockage or obstruction of the drain, or cleaning the drain, unless the inspecting, clearing or cleaning involves damage to, or removal of part of, the sanitary drain or is done for reward; or
the operation of a grey-water diverter.
sanitary plumbing—
means a pipe, fitting, fixture or water appliance that is not in or in contact with the ground and that is used, or for use, in relation to the collecting or carrying of sewage to a sanitary drain; and
includes a fitting used, or for use, in the diversion of grey water, or for the direct connection of a grey-water irrigation hose; but
does not include a grey-water irrigation hose used, or for use, in relation to the carrying of grey water directly to a grey-water irrigation area.
sanitary plumbing work—
means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of sanitary plumbing; but
does not include—
inspecting sanitary plumbing, clearing a blockage or obstruction of the plumbing or cleaning the plumbing unless the inspecting, clearing or cleaning involves damage to, or removal of part of, the sanitary plumbing or is done for reward; or
the operation of a grey-water diverter.
sewage—
means waste water from the community, including faecal matter, urine and household and commercial waste water that contains human waste; but
does not include stormwater.
sewerage network—see the Utilities Act 2000, section 14.
single residential building means a detached house or a building making up no more than 2 residences, and includes—
a part of such a building; and
an adjunct to such a building.
site plan—see HB 50 (Glossary of building terms) as in force on 1 March 1999.
stormwater means surface water, subsoil water and runoff caused by rainfall on roof areas.
water appliance—
means an apparatus or machine that—
is connected to a water service outlet or hot-water system outlet; and
has an outlet to drain waste water, or to draw off water processed, heated or cooled by the apparatus or machine; but
does not include an apparatus or machine if—
the connection is to a water service outlet that is a tap; and
the connection is a temporary hand connection.
water network—see the Utilities Act 2000, section 12.
water service—
means the part of the water supply pipework used, or for use, for water supply from a primary water source up to and including outlet valves at fixtures and water appliances; and
includes an irrigation system; but
does not include—
a fire sprinkler system; or
part of a water network; or
water supply pipework that is intended by either of the following to become part of a water network, if the water network is a water network for which there is a responsible utility:
the responsible utility;
an entity that has an arrangement (however described) with the responsible utility in relation to the pipework.
water supply plumbing work—
means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of a water service or a hot-water system; and
includes fire sprinkler work; but
does not include removing a washer or something similar from a tap or valve, or repairing or fitting the washer or the similar thing, unless the removal, repair or fitting involves damage to part of—
a water service; or
a hot-water system; or
an irrigation system; or
a fire sprinkler system.
This provision refers to the regulations (may make regulations
, the regulations
). Made under this Act:
- Water and Sewerage Regulation 2001 · under s 49
This Act’s bill:Explanatory statementSecond reading speech
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