Safe Drinking Water Act 2011

The Governor may make such regulations as are contemplated by this

Act or as are necessary or expedient for the purposes of this

Act.

Without limiting the generality of subsection (1), those regulations may—

require the furnishing of reports, returns, documents or other forms of information relevant to the registration scheme under this Act to the

Minister;

require the furnishing of reports, returns, documents or other forms of information relevant to quality or supply of drinking water, or to any other process or other matter associated with the supply of drinking water, to the Chief Executive or other prescribed person or body;

require the keeping of records, statistics and other forms of information—

by any person or body that supplies drinking water;

or

by any person or body that performs a function under or pursuant to this Act, (and the provision of reports based on that information);

require that prescribed classes of systems or processes associated with the supply of drinking water must be managed, maintained or undertaken by persons with prescribed qualifications or experience, or who satisfy other competency requirements;

prescribe standards and other requirements that must be observed or applied in relation to the quality or supply of drinking water;

make provision with respect to the monitoring of drinking water quality, or any component or characteristic of drinking water, including with respect to the method, collection and analysis of samples;

provide for the making of announcements or the provision of advice to the public in prescribed circumstances;

prescribe guidelines to assist in the administration of this

Act;

make provision with respect to any auditing, inspections or testing under this Act;

prescribe fees and charges in connection with any matter arising under this Act, including fees or charges for or in connection with the exercise, performance or discharge of any power, function or duty of an enforcement agency or an authorised officer under this Act, which may be of varying amounts according to factors prescribed in the regulations or determined by the Minister from time to time and published in the

Gazette;

provide for the payment and recovery of prescribed fees and charges;

prescribe penalties, not exceeding $25 000, for a breach of any regulation;

fix expiation fees, not exceeding $750, for an alleged breach of any regulation.

The regulations may adopt, wholly or partially and with or without modification—

a standard, guideline or code relating to matters in respect of which regulations may be made under this Act; or

an amendment to such a standard, guideline or code.

Any regulations adopting a standard, guideline or code, or an amendment to a standard, guideline or code, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.

The regulations or a standard, guideline or code adopted by the regulations may—

refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body or person, either as in force at the time the regulations are made or as in force from time to time; and

be of general or limited application; and

make different provision according to the persons, things or circumstances to which they are expressed to apply; and

provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the

Chief Executive or a council.

If—

a standard, guideline or code is adopted by the regulations;

or

the regulations, or a standard, guideline or code adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body, then—

a copy of the standard, guideline, code or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

in any legal proceedings, evidence of the contents of the standard, guideline, code or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the standard, guideline, code or other document; and

the standard, guideline, code or other document has effect as if it were a regulation made under this Act.