Water Fluoridation Act 2008

This Act may be cited as the Water Fluoridation Act 2008.

This Act commences on a day to be fixed by proclamation.

This Act binds all persons, including the State.

However, nothing in this Act makes the State liable to be prosecuted for an offence.

The object of this Act is to promote good oral health in Queensland by the safe fluoridation of public potable water supplies.

The dictionary in the schedule defines particular words used in this Act.

[repealed]

A local government may decide that fluoride be added to the water supply that supplies potable water to the community in its local government area if it is satisfied the decision is in the best interests of the community.

If a local government makes a decision under subsection (1)—

if the local government is not the public potable water supplier for the potable water supply that supplies potable water to the community—the local government must give the water supplier notice of the decision; and

the water supplier must add fluoride, or continue to add fluoride, to the water supply.

A local government may decide that fluoride not be added to the water supply that supplies potable water to the community in its local government area if it is satisfied the decision is in the best interests of the community.

If a local government makes a decision under subsection (3)—

if the local government is not the public potable water supplier for the potable water supply that supplies potable water to the community—the local government must give the water supplier notice of the decision; and

the water supplier must not add fluoride, or must cease to add fluoride, to the water supply.

A local government may, before making a decision under subsection (1) or (3), consult with the public potable water supplier for the potable water supply about cost implications, infrastructure arrangements and potential impact on water supply inside or outside the local government area.

In this section—

community, of a local government, includes part of the community of the local government.

This section applies to a public potable water supplier for a public potable water supply that is required under section 7 to add fluoride, or cease to add fluoride, to the water supply that supplies potable water to a community in a local government area.

The public potable water supplier must not, when adding fluoride, or ceasing to add fluoride, to the water supply, affect another local government’s water security or water supply or the fluoridation of another local government’s water supply without the other local government’s agreement.

If—

a local government makes a decision under section 7 to add fluoride, or cease to add fluoride, to the water supply that supplies potable water to the community in its local government area; and

the local government is not the public potable water supplier for the potable water supply; and

the public potable water supplier for the potable water supply incurs costs (compliance costs) in complying with the local government’s decision;

the local government must pay the public potable water supplier’s compliance costs.

[repealed]

[repealed]

A public potable water supplier for a public potable water supply that adds fluoride to the public potable water supply must—

add the fluoride in a form prescribed under a regulation; and

comply with the requirements prescribed under a regulation relating to the addition of fluoride to, and the maintaining of fluoride in, a public potable water supply.

Note—

For the consequences of contravening this provision, see part 5, division 3.