s 1Purpose and outline

(1)

The purpose of this Act is to make provision for the supply of safe drinking water.

(2)

In outline this Act—

(a)

requires water suppliers and water storage managers to prepare and implement plans to manage risks in relation to drinking water and some types of non-potable water; and

(b)

provides for the auditing of those plans by approved auditors; and

(c)

requires water suppliers to ensure that the drinking water they supply meets quality standards specified by the regulations; and

(d)

requires water suppliers to disclose to the public information concerning the quality of drinking water; and

(e)

provides for the variation, after community consultation, of water quality standards that relate only to aesthetic factors; and

S. 1(2)(f) amended by No. 29/2010 s. 70(1).

(f)

requires the reporting of known or suspected contamination of drinking water to the Secretary to the Department of Health; and

(g)

empowers the Secretary to enforce this Act.

(3)

Subsection (2) is intended only as a guide to readers as to the general scheme and effect of this Act.

s 2Commencement

This Act comes into operation on 1 July 2004.

s 3Definitions

In this Act—

approved auditor means a person approved to conduct risk management plan audits under section 13;

authorised officer means a person who holds an appointment as an authorised officer under section 48;

council means a municipal council;

drinking water is water that is intended for human consumption or for purposes connected with human consumption, such as the preparation of food or the making of ice for consumption or for the preservation of unpackaged food, whether or not the water is used for other purposes;

regulated water is water that is the subject of a declaration made by the Minister under section 6;

retention period means a period of 60 days after the seizure of a thing under this Act;

risk management plan has the meaning set out in section 9;

risk management plan audit has the meaning set out in section 10;

S. 3 def. of Secretary substituted by No. 29/2010 s. 70(2).

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

water quality standard means a quality standard specified for drinking water by regulations made for the purposes of section 17;

S. 3 def. of water storage manager amended by Nos 85/2006 s. 173(Sch. 1 item 11.1), 17/2012 s. 95(a).

water storage manager means—

(a)

the Melbourne Water Corporation constituted under the Water Act 1989;

(b)

a water corporation within the meaning of the Water Act 1989 (other than the Melbourne Water Corporation constituted under that Act) that supplies water to a water supplier;

(c)

any other person or body declared by the regulations to be a storage manager for the purposes of this Act;

S. 3 def. of water supplier amended by Nos 17/2012 s. 95(b), 19/2018 s. 249(1), 39/2024 s. 119.

water supplier means any of the following that supplies drinking water or regulated water to the public—

* * * * *

(b)

an authority within the meaning of the Water Act 1989;

(c)

Parks Victoria established under the Parks Victoria Act 2018;

(d)

Alpine Resorts Victoria established under the Alpine Resorts (Management) Act 1997;

(e)

any other person or body declared by the regulations to be a water supplier for the purposes of this Act;

water supply premises means any premises that has been, is being, or is to be, used in connection with the supply, storage, treatment, transport, harvesting, sale or analysis of drinking water, other than a premises that only stores or treats drinking water for the purposes of those using the premises.

s 4Supply includes to release water

(1)

For the purposes of this Act, a water storage manager also supplies water to a water supplier if the water storage manager—

(a)

releases water to the water supplier; or

(b)

permits the water supplier to take water from the water storage.

(2)

For the purposes of this Act, a water storage manager also supplies water to a water supplier if—

(a)

the water supplier has a right to take water from the water storage or from any point downstream of the water storage; and

(b)

the water storage manager is aware that the water supplier may exercise that right.

s 5Application

Nothing in this Act applies—

(a)

to the supply of water for irrigation purposes; or

S. 5(b) amended by No. 46/2008 s. 285(1).

(b)

to the supply of water by a proprietor of prescribed accommodation within the meaning of Division 2 of Part 6 of the Public Health and Wellbeing Act 2008 to such accommodation; or

(c)

to the supply of packaged drinking water.

s 6Declaration concerning regulated water

(1)

The Minister may, by notice published in the Government Gazette, declare any water that is not drinking water to be regulated water for the purposes of this Act.

(2)

The Minister may only make a declaration in relation to particular water if the Minister is satisfied that the water may be supplied to the public in circumstances in which it may be mistaken as being drinking water.

(3)

In making a declaration, the Minister may identify the water that is the subject of the declaration by reference to its source, its method of supply, its composition or in any other way the Minister considers to be appropriate.

s 7Water suppliers must prepare, implement and review risk management plans

(1)

A water supplier must—

(a)

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

(b)

implement the plan and comply with any requirements set out in the plan; and

(c)

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

(d)

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

Note

Section 9 sets out what a risk management plan is, and what it must contain.

(2)

A water supplier must comply with subsection (1)—

(a)

in the case of a person who was a water supplier immediately before 1 July 2004, on or before 1 July 2005; and

(b)

in any other case, within 12 months after the date the person becomes a water supplier.

s 8Water storage managers must prepare, implement and review risk management plans

(1)

A water storage manager must—

(a)

prepare a risk management plan in relation to its supply of water to a water supplier; and

(b)

implement the plan and comply with any requirements set out in the plan; and

(c)

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

(d)

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

Note

Section 9 sets out what a risk management plan is, and what it must contain.

(2)

A water storage manager must comply with subsection (1)—

(a)

in the case of a person who was a water storage manager immediately before 1 July 2004, on or before 1 July 2005; and

(b)

in any other case, within 12 months after the date the person becomes a water storage manager.

(3)

The Secretary may, by notice in writing, exempt a water storage manager from having to comply with subsection (1) with respect to a particular water storage for a specified period.

(4)

The Secretary may, at any time, impose conditions in relation to an exemption.

(5)

If the Secretary imposes a condition in relation to an exemption, the exemption has no effect during any period in which the condition is not being complied with.

(6)

The Secretary may renew an exemption.

s 9Risk management plan

(1)

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

(a)

that contains a detailed description of the system of supply; and

(b)

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

(c)

that assesses those risks; and

(d)

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

(e)

that contains any other matters required by the regulations.

(2)

A risk management plan must address any risks specified in the regulations.

(3)

A risk management plan does not need to identify, or to make any provision in respect of, any risk in respect of which provision is required to be made in a risk management plan under section 31 of the Terrorism (Community Protection) Act 2003.

s 10Risk management plan audit

(1)

A risk management plan audit is an audit by an approved auditor in relation to the risk management plan to determine—

(a)

whether, in the case of a water supplier, the water supplier has complied with the obligations imposed by section 7(1) during the audit period;

(b)

whether, in the case of a water storage manager, the water storage manager has complied with the obligations imposed by section 8(1) during the audit period.

(2)

In conducting a risk management plan audit, the auditor must inspect all the documents that are specified by the regulations for the purposes of this section.

s 11Secretary may require risk management plan audit

(1)

The Secretary may, by written notice given to a water supplier or water storage manager—

(a)

require the water supplier or water storage manager to have its risk management plan audited in respect of a specified audit period by an approved auditor by the date specified in the notice; or

(b)

declare when, how often and in respect of what audit period the water supplier or water storage manager is to have its risk management plan audited by an approved auditor.

(2)

A water supplier or water storage manager must comply with any requirement made in the notice and must do so at its own expense.

s 12Audit certificate to be given

(1)

After conducting a risk management plan audit, an approved auditor must give the person who commissioned the audit a certificate stating the auditor's opinion on—

(a)

whether, in the case of a water supplier, the water supplier has complied with the obligations imposed by section 7(1) during the audit period;

(b)

whether, in the case of a water storage manager, the water storage manager has complied with the obligations imposed by section 8(1) during the audit period.

(2)

The certificate must be in the form, and contain the details, required by the regulations.

(3)

If the auditor is of the opinion that section 7(1) or 8(1) has not been complied with during the audit period, he or she must also give a copy of the certificate to the Secretary within 5 days after completing the audit.

60 penalty units.

(4)

If the auditor is of the opinion described in subsection (3), he or she must include in the certificate details of the reasons why he or she is of that opinion.

Safe Drinking Water Act 2003

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