Water and Sewerage Regulation 2001

This regulation is the Water and Sewerage Regulation 2001.

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

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

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

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

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

The standards mentioned in this regulation are to be applied in a way that is consistent with this regulation, unless the contrary appears from this regulation.

A standard is to be taken to be consistent with this regulation to the extent that it is capable of operating concurrently with this regulation.

Other legislation applies to an offence against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1):

 s 16B (Preservation of separated sanitary drainage for grey water)

 s 16C (Overflow from grey water disposal system)

 s 16D (Retrofitting backflow prevention devices)

 s 24A (Building in separated rainwater supply device)

 s 24B (Installing rainwater supply service).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

A person must not do work on a sanitary plumbing system or sanitary drainage system that communicates with the sewerage system unless the work is done in accordance with the requirements of the plumbing code.

Maximum penalty: 10 penalty units.

A person must not install plumbing and drainage products in a sanitary plumbing system or sanitary drainage system that communicates with the sewerage system unless the work is done in accordance with the requirements of the plumbing code.

Maximum penalty: 10 penalty units.

Subsections (1) and (2) do not apply if—

the requirements of the plumbing code are inconsistent with standards mentioned in this regulation; and

the work was done in accordance with this regulation.

A person must not do work on a sanitary plumbing system or a sanitary drainage system unless the work is done in accordance with the plan approved by the certifier under the Act, section 8 (Issue of plan approvals).

Maximum penalty: 10 penalty units.

Subsection (1) does not apply to work on a sanitary plumbing system or a sanitary drainage system for a single residential building.

The notice must contain the following information:

the address of the land from which the raw or treated sewage, or by-product, is to be discharged;

the kind of discharge and how much is expected to be discharged;

the number and kind of sanitary fixtures that are likely to contribute to the discharge;

a description of any treatment or storage of the discharge before its discharge;

details of where and how the sewage will discharge, including details of any irrigation system, water reuse system, septic tanking system, absorption system, discharge into drainage systems or other discharge system.

A proposed amendment to a plan does not require reconsideration of the plan approval if the only amendment to the plan is to the length and alignment of pipework only.

However, subsection (1) does not apply if the amendment would—

change the point of connection of the pipework to an outlet, fixture or appliance; or

change the point of connection of the pipework to a sewage network or its primary water supply; or

increase the branching of the pipework; or

add a run of pipework not shown in the plan.

A person who does sanitary plumbing or sanitary drainage work must tell the construction occupations registrar when the work is ready for inspection.

Maximum penalty: 10 penalty units.

A person who does sanitary plumbing or sanitary drainage work must leave the work uncovered and convenient for inspection until whichever of the following happens first:

the work is inspected and approved by an inspector;

an inspector advises the person that an inspection is not required;

if the work is sanitary plumbing work—the end of 2 working days after the construction occupations registrar was told that the work was ready for inspection.

Maximum penalty: 5 penalty units.

However, subsection (2) does not apply to the covering of uninspected sanitary drainage work if—

the licensee responsible for the sanitary drainage work is satisfied on reasonable grounds that part of the work is being, or is about to be, significantly damaged by flooding caused by a storm; and

the part of the work is temporarily covered by the minimum amount of soil necessary to avoid the damage; and

if, during an inspection, the inspector requires any part of the temporary covering to be removed to assist inspection—the licensee—

removes the covering to the inspector’s satisfaction; or

arranges for another inspection to take place after the covering is removed.

A person who does sanitary plumbing or sanitary drainage work must, while the work is being done, keep on the premises a copy of the plan approval showing any minor variations to the approved plan.

Maximum penalty: 10 penalty units.

Sanitary plumbing and drains must be tested in accordance with AS/NZS 3500—

before it is passed by an inspector; and

if a drain is altered or repaired—before the alterations or repairs are passed by an inspector.

If a person does sanitary plumbing or sanitary drainage work that is to be tested, the person must supply apparatus, tools, and labour for the test, whether or not any part of the test is to be done by an inspector.

Maximum penalty: 5 penalty units.

A person who did sanitary plumbing or sanitary drainage work that is being tested must rectify any of the work that the test finds defective.

Maximum penalty: 10 penalty units.

Sanitary plumbing or sanitary drainage work is to be taken not to be in accordance with the plumbing code if the person who did the work does not supply apparatus, tools, and labour sufficient to allow the work to be tested under this section.

This section applies if—

sanitary plumbing or sanitary drainage work has been inspected and approved; or

an inspector has advised the person who did the work that an inspection is not required.

A person who does sanitary plumbing or sanitary drainage work must, if satisfied that the work has been completed in accordance with this regulation and the plumbing code, within 7 days after completion of the work, give the construction occupations registrar—

a statement of the work completed; and

evidence of payment of inspection fees under this regulation; and

a copy of—

if the work relates to a single residential building—a drainage plan on which there is endorsed a certificate that the plan is a true record of the work carried out; or

in any other case—an approved drainage plan on which there is endorsed a certificate that the plan is a true record of the work carried out.

Note A certificate of compliance for plumbing or sanitary drainage work cannot be issued under s 25 unless the construction occupations registrar is satisfied that the work complies with this regulation. The registrar may only be able to be so satisfied if the statement, evidence and plan about the work has been given.