Safe Drinking Water Act 2011

This Act may be cited as the Safe Drinking Water

Act 2011.

In this Act, unless the contrary intention appears—

approved auditor means a person approved as an auditor under Part 4Division 1;

approved auditor/inspector means, as the case requires, an approved auditor or an approved inspector;

approved inspector means a person approved as an inspector under Part 4Division 1;

approved laboratory means a laboratory approved under Part 6;

authorised officer means a person appointed as an authorised officer under

Part 7;

Chief Executive means the Chief Executive of the

Department and includes a person for the time being acting in that position;

council means—

a council under the Local

Government Act 1999; or

a body established by a council or councils under the

Local Government

Act 1999;

Department means the administrative unit of the

Public Service that is, under the Minister, responsible for the administration of this Act;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

drinking water means water that is intended for human consumption or for purposes connected with human consumption (such as the washing, preparation or cooking of food or the making of ice intended for human consumption, or for the preservation of unpackaged food), whether or not the water is used for other purposes, but does not include water that has been packaged in a bottle, cask or other container;

drinking water provider means—

a person who supplies drinking water to members of the public—

by means of a reticulated water system; or

after the water has been extracted from, or has formed part of, a body constituting a water resource (without being supplied by means of a reticulated water system); or

after the water has been collected or stored by means of a tank or other form of infrastructure or works for the collection or storage of water (without being supplied by means of a reticulated water system);

or

after obtaining water in circumstances described in a preceding subparagraph and then supplying the water in bulk; or

any other person, or person of a class, brought within the ambit of this definition by the regulations, but does not include a person, or person of a class, excluded from the ambit of this definition by the regulations;

enforcement agency means an enforcement agency under

Part 7;

reticulated water system means a network for the provision of water to 2 or more locations, other than a network, or a network of a class, excluded from the ambit of this definition by the regulations;

risk management plan—see

Part 3;

spouse—a person is a spouse of another if they are legally married;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013;

vehicle includes an aircraft, vessel, trailer, train or rolling stock;

water resource has the same meaning as in the

Landscape South Australia

Act 2019.

For the purposes of this Act (but subject to subsection (3)), a person will be taken not to be a drinking water provider if—

the person supplies drinking water that has been directly obtained from another drinking water provider; and

the other drinking water provider is registered under this Act;

and

the person has not altered the water, or has not altered the water to any material degree, from the water supplied by the other drinking water provider; and

the person satisfies the requirements (if any) prescribed by the regulations for the purposes of this subsection.

Subsection (2) does not apply to a person within a class of persons excluded from the ambit of that subsection by the regulations.

For the purposes of determining whether or not a person is a drinking water provider, it is immaterial that the water to be supplied to the public has, after being collected or obtained, been subject to any process or treatment.

For the purposes of this Act, water is supplied in bulk if—

the water is supplied through the use of a vehicle;

and

the amount of water being supplied exceeds a volume prescribed by the regulations for the purposes of this subsection.

For the purposes of this Act, the collection of water includes the recovery or harvesting of water.

For the purposes of this Act, drinking water is unsafe if the water—

causes, or is likely to cause, harm to a person who consumes the water; or

is the means by which an illness has been, or is likely to be, transmitted; or

contains any pathogen, substance, chemical or blue‑green algal toxin, whether alone or in combination, at levels that may pose a risk to human health (subject to any tolerance, condition or circumstance determined or agreed by the Minister or the Chief Executive for the purposes of this provision); or

is not otherwise, or may not otherwise be, reasonably fit for human consumption.

For the purposes of this Act, a person is an

associate of another if—

they are partners; or

1 is a spouse, domestic partner, parent or child of another;

or

they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or

1 is a body corporate or other entity (whether inside or outside

Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

1 is a body corporate or other entity (whether inside or outside

Australia) and the other is a person who has a legal or equitable interest in

5% or more of the share capital of the body corporate or other entity;

or

a relationship of a prescribed kind exists between them;

or

a chain of relationships can be traced between them under any 1 or more of the above paragraphs.

For the purposes of subsection (8), a beneficiary of a trust includes an object of a discretionary trust.

This Act does not apply in relation to—

any water collected or recovered at domestic premises of a prescribed class for use at those premises; or

rainwater collected at any place of a prescribed kind for use at that place if a notice relating to the use of the water is provided in accordance with the regulations; or

rainwater supplied as an optional alternative to water obtained from a registered drinking water provider if the person, in supplying the water, complies with the requirements (if any) prescribed by the regulations for the purposes of this paragraph; or

rainwater, or water recovered from a bore, well or a source prescribed by the regulations, supplied at a park, reserve or other place constituting open space that is available for public recreational purposes where it is reasonable to expect that members of the public would not usually expect to rely on the provision of water for human consumption at that place;

or

water supplied, collected or recovered in any other circumstance prescribed by the regulations.

Without limiting subsection (1), the Minister may, by notice in the

Gazette, confer exemptions from this Act or specified provisions of this Act, on specified persons or persons of a specified class.

An exemption under subsection (2) may be granted by the Minister on such conditions as the Minister thinks fit.

The Minister may, at any time, by further notice in the

Gazette—

vary or revoke an exemption; or

vary or revoke a condition of an exemption.

The condition of an exemption may be varied by the addition or substitution of 1 or more conditions.

A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence. Maximum penalty: Maximum penalty: $25 000. Expiation fee: $750.

A person must not supply drinking water as a drinking water provider unless the person is registered under this Act. Maximum penalty: Maximum penalty: $25 000. Expiation fee: $750.

An application for registration under this Act—

must be made to the Minister; and

must be made in a manner and form determined by the

Minister.

An applicant for registration must furnish the Minister with such information as the Minister may require.

On due application under this section, the Minister must register the applicant as a drinking water provider.

The registration of a drinking water provider will remain in force until such time as—

it is cancelled or suspended under this Act; or

the drinking water provider dies or, in the case of a body corporate, is dissolved.

A person registered under this Act must, within the prescribed period after ceasing to be engaged in the supply of drinking water, notify the

Minister of that fact in a manner and form determined by the

Minister. Maximum penalty: Maximum penalty: $2 500. Expiation fee: $125.

If the Minister—

receives a notification in accordance with subsection (1); or

is otherwise satisfied that a registered drinking water provider has ceased to be engaged in the supply of drinking water, the Minister may cancel the registration.

The registration of a person as a drinking water provider under this Act will be subject to any condition—

imposed by the Minister in relation to the registration;

or

prescribed by the regulations.

The Minister may, if the Minister considers it appropriate to do so, by notice in writing to a registered drinking water provider, vary a condition of the registration.

A person who holds a registration may, on application to the

Minister in a manner and form determined by the Minister, request the variation of a condition to which the registration is subject and the Minister may, as the Minister thinks fit—

grant the variation; or

refuse to grant the variation.

The condition of a registration may be varied by the addition, substitution or deletion of 1 or more conditions.

A registered drinking water provider must not contravene or fail to comply with a condition of registration. Maximum penalty: Maximum penalty: $25 000.

Expiation fee: $750.

The Minister may suspend the registration of a person as a drinking water provider if proper cause exists under this section.

There is proper cause for suspending a registration if—

the person has contravened or failed to comply with a condition of registration; or

the person has failed to comply with a requirement relating to a risk management plan under

Part 3 (including as to the implementation of, or compliance with, the requirements set out in a risk management plan); or

the person has failed to ensure that an audit or inspection is conducted in accordance with a requirement under

Part 4Division 2; or

the person has breached, or failed to comply with, a requirement under Part 5Division 1; or

the person has failed to comply with a notice under

Part 7Division 3; or

the person has failed to furnish a report or other form of information of a class prescribed by the regulations for the purposes of this section.

The Minister may, after taking into account the grounds set out in subsection (2), notify a drinking water provider that the Minister considers that the person's registration should be suspended.

A notice under subsection (3) must set out the grounds on which the

Minister is acting under this section.

The drinking water provider may, within 14 days after receiving the notice, lodge with the Minister a written objection (setting out the grounds of objection).

On the receipt of an objection under subsection (5), the Minister must give the drinking water provider a reasonable opportunity to make submissions to the Minister in relation to the matter and must then decide whether or not, in the circumstances of the case, it is appropriate to proceed with the suspension.

If a drinking water provider does not make an objection under subsection (5) or, on an objection, the Minister decides to proceed despite the objection, the Minister may, by written notice served on the drinking water provider, suspend the registration.

A suspension of registration may be of indefinite duration or for a period specified in the notice.

A suspension takes effect when notice of the suspension is served on the drinking water provider or at such later date (if any) specified in the notice.

A person whose registration has been suspended may make application to the Minister for the cancellation of the suspension.

A person may seek a review by the Tribunal under section 34 of the South Australian Civil and

Administrative Tribunal Act 2013 of—

a condition imposed by the Minister in relation to a registration under this Part; or

a variation of a condition of registration made by the Minister on the Minister's own initiative; or

a decision of the Minister to refuse to grant an application to vary a condition of registration; or

a decision of the Minister to suspend a registration under this

Part.

An application for review may be made to the Tribunal within

28 days of the date of the relevant decision (or such longer period as the Tribunal may allow).

The Minister is to prepare and maintain a register of drinking water providers registered under this Part.

The register is to be made publicly available and is to be revised from time to time as required.

The Minister must, on registering a drinking water provider under this Part, furnish notice of the registration to the council for the area where the drinking water provider is, or will be, located.

A drinking water provider must—

prepare a risk management plan in relation to the supply of drinking water to the public; and

keep the plan under continuous review with a view to updating and improving it; and

revise any aspect of the plan that is found, on review, to need revision.

The Chief Executive may publish a standard risk management plan that may apply in relation to a specified class of drinking water providers.

If a standard risk management plan is in place under subsection (2), a drinking water provider who falls within the specified class may, subject to any requirement published by the

Chief Executive in connection with the risk management plan and in a manner and form determined by the Chief Executive, adopt the standard risk management plan rather than preparing a separate plan under subsection (1)(a).

A risk management plan in relation to the supply of water is a document—

that contains a detailed description of the system of supply;

and

that—

identifies the risks to the quality of the water and the risks that may be posed by the quality of the water; and

assesses those risks; and

sets out the steps to be taken to manage those risks (including the development and implementation of preventative strategies); and

that sets out—

monitoring and testing requirements associated with the quality of the water (a monitoring program); and

incident identification, notification and response procedures (an

incident identification and notification protocol);

and

that sets out maintenance schedules; and

that contains any other matter required by the regulations.

A risk management plan must—

be consistent with any standard, guideline or code specified by the regulations; and

comply with any other requirement prescribed by the regulations. Maximum penalty: Maximum penalty: $25 000.

Expiation fee: $750.