Part 2B Safety of drinking water
In this Part:boil water advice, in relation to drinking water, means a statement to the effect that the water should not be used for human consumption (or for purposes connected with human consumption) until after it has been boiled or otherwise treated.
Chief Health Officer means the Chief Health Officer of the Department of Health.
drinking water means water that is intended, or likely, to be used:
(a) for human consumption, or(b) for purposes connected with human consumption, such as the washing or cooling 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.record means:
(a) a documentary record, or(b) a record made by an electronic, electromagnetic, photographic or optical process, or(c) any other kind of record.supplier of drinking water (or supplier) means:
(a) Sydney Water Corporation,(b) Hunter Water Corporation,(c) a water supply authority within the meaning of the Water Management Act 2000,(d) a local council or a county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993,(e) the Lord Howe Island Board within the meaning of the Lord Howe Island Act 1953,(f) a licensed network operator or licensed retail supplier within the meaning of the Water Industry Competition Act 2006,(g) any person who treats or supplies water on behalf of a person referred to in any of the preceding paragraphs,(h) any person supplying drinking water in the course of a commercial undertaking (other than that of supplying bottled or packaged drinking water), being a person who has not received the water:(i) from a person referred to in any of the preceding paragraphs, or(ii) in the form of bottled or packaged water.treatment of water means any process or technique used to improve the quality of water.
Division 2 Functions of Chief Health Officer in relation to drinking water
(1) The Chief Health Officer may from time to time prepare advice, for the benefit of the public, concerning the safety of available drinking water (or drinking water available from a particular supplier) and any possible risks to health involved in the consumption of that water.(2) An advice under this section may include a boil water advice.(3) The Chief Health Officer is to provide any advice prepared under this section to the relevant supplier of drinking water.(4) A supplier of drinking water must issue the advice provided to it under this section to the public in such form and manner as the Director-General may from time to time direct by notice in writing to the supplier.Maximum penalty: 10,000 penalty units (in the case of a corporation) or 2,500 penalty units (in any other case).
(5) Nothing in subsection (3) or (4) prevents the Chief Health Officer from also issuing the advice to the public as the Chief Health Officer sees fit.
10C Correction of misleading information
(1) The Chief Health Officer may, by notice in writing given to a supplier of drinking water, direct the supplier to retract or correct any information or advice issued, by or on behalf of the supplier, to the public in relation to the safety of the supplier’s drinking water if the Chief Health Officer is of the opinion that the information or advice is inaccurate, incomplete or otherwise misleading.(2) The Chief Health Officer may specify any one or more of the form, content and manner of the retraction or correction and of its publication.(3) A supplier of drinking water who is given a direction under this section must comply with the direction as and when required by the direction.Maximum penalty: 10,000 penalty units (in the case of a corporation) or 2,500 penalty units (in any other case).
(4) If the supplier of drinking water fails to comply with the direction within the time specified in the direction, the Chief Health Officer may issue the retraction or correction on behalf of the supplier.
10D Chief Health Officer may delegate
The Chief Health Officer may delegate to any officer of the Department of Health any of the Chief Health Officer’s functions (including the function specified in section 10E (4), but excluding this power of delegation) under this Part.
Division 3 Functions of Director-General in relation to drinking water
10E Power to declare Chief Health Officer solely responsible for determining necessity for boil water advices
(1) The Director-General may, by order published in the Gazette, declare that, in relation to a supplier of drinking water specified in the order, the function specified in subsection (4) is to be exercised only by the Chief Health Officer.(2) A declaration under this section operates to confer the power to exercise the function on the Chief Health Officer.(3) The Director-General is taken to have published such orders in relation to Sydney Water Corporation and Hunter Water Corporation on the commencement of this section. The Director-General may, by further order published in the Gazette, amend or revoke an order so taken to have been published.(4) The function concerned is that of deciding from time to time:(a) whether a boil water advice is to be issued in respect of the drinking water supplied or available for supply by the supplier, and(b) if a boil water advice is to be issued—the additional information (if any) that is to be provided to the public in connection with it, and(c) whether a boil water advice that has been issued is to be withdrawn.
10F Power to enter and inspect premises of supplier
(1) Any person authorised by the Director-General for the purposes of this section may enter any premises of a supplier of drinking water and do any one or more of the following on those premises:(a) examine and inspect any apparatus, equipment or works,(b) take and remove samples of any water,(c) take and remove samples of any substance used in, or produced by, the treatment of water on those premises,(d) require samples referred to in paragraph (b) or (c) to be taken and given to the person or to another person or to the Director-General,(e) take such photographs, films and audio, video and other recordings as the person considers necessary,(f) require records to be produced for inspection,(g) examine, inspect and copy any records,(h) make such other examinations, inquiries and tests as the person considers necessary.(2) Despite section 74, the maximum penalty that may be imposed on a person who wilfully intimidates, obstructs or hinders a person authorised by the Director-General for the purposes of this section who is exercising, or attempting to exercise, a function under this section is 2,500 penalty units (in the case of a corporation) or 400 penalty units (in any other case).
10G Power to require testing of drinking water
(1) The Director-General may, by notice in writing given to a supplier of drinking water, direct the supplier to carry out such tests on water that it has available for supply, or on any substance used in or produced by the treatment of such water, as the Director-General considers appropriate.(2) A direction given under this section may specify that the test to be carried out on water is to be carried out in any one or more of the following ways:(a) on the water in its raw state, or(b) while the water is undergoing treatment, or(c) after the water has been treated or partly treated.(3) A supplier of drinking water who is given a direction under this section must comply with the direction as and when required by the direction.Maximum penalty: 2,500 penalty units (in the case of a corporation) or 400 penalty units (in any other case).
10H Power to require production of information
(1) The Director-General may, by notice in writing given to a supplier of drinking water, direct the supplier to produce to the Director-General such information as the Director-General may specify concerning:(a) the quality of the drinking water that the supplier has available for supply, and(b) the methods by which the water has been treated.(2) The information required may include (but is not limited to) the following:(a) copies of relevant records of the supplier,(b) the results of any tests required under section 10G.(3) The information is to be provided in such form and manner as the Director-General may direct.(4) A supplier of drinking water who is given a direction under this section must comply with the direction as and when required by the direction.Maximum penalty: 2,500 penalty units (in the case of a corporation) or 400 penalty units (in any other case).
(1) This section applies to water in, or flowing from, any source if:(a) the water is drinking water and the Minister has reason to suspect that the water is not fit for human consumption, or(b) the Minister suspects on reasonable grounds that the water constitutes (or is likely to constitute) a risk to public health.(2) The Minister may take such action, and give such directions by notice in writing to any person or class of persons, as the Minister considers necessary:(a) to restrict or prevent the use of any water to which this section applies, and(b) to bring the water to such a condition that it is no longer unfit for human consumption or a risk (or a likely risk) to public health.(3) Before giving a direction under this section to any of the suppliers of drinking water referred to in the following paragraphs (or to any person who treats or supplies water on behalf of the supplier), the Minister is to consult with the Minister specified in respect of the supplier:(a) Sydney Water Corporation—the Minister administering the Water Board (Corporatisation) Act 1994,(b) Hunter Water Corporation—the Minister administering the Hunter Water Board (Corporatisation) Act 1991,(c) a water supply authority within the meaning of the Water Management Act 2000 (other than State Water Corporation)—the Minister administering the Water Management Act 2000,(c1) State Water Corporation—the Minister administering the State Water Corporation Act 2004,(d) a local council or a county council that supplies water under the Local Government Act 1993—both the Minister administering that Act and the Minister administering the Water Management Act 2000.(4) A person given a direction under this section must comply with it as and when required by the direction.Maximum penalty: 10,000 penalty units (in the case of a corporation) or 2,500 penalty units (in any other case).
A person must not, by means of a reticulated water supply system, supply any other person with drinking water that is not fit for human consumption.Maximum penalty: 10,000 penalty units (in the case of a corporation) and 2,500 penalty units (in any other case).
(1) The provision of any information or advice concerning drinking water by the Chief Health Officer exercising any function under section 10B, 10C or 10E in good faith for the purpose of executing this Act does not subject any of the following to any action, liability, claim or demand:(a) the State,(b) a Minister of the Crown in right of New South Wales,(c) an officer of the Department of Health.(2) A reference in this section to the exercise by the Chief Health Officer of a function under this Part includes a reference to a decision by the Chief Health Officer not to exercise a power conferred by this Part.(3) To avoid doubt, it is declared that:(a) the exercise of a function under section 10B (1) or 10E (4) (a) extends to deciding that a boil water advice is not to be issued in particular circumstances or at a particular time, and(b) the exercise of a function under section 10C extends to deciding that a direction under section 10C (1) should not be given.
A certificate signed by the Minister, the Director-General or the Chief Health Officer, being a certificate to the effect that the signatory gave a specified direction to a specified person on a specified day, is admissible in evidence and is prima facie evidence of the facts stated in it.
10L Proceedings for offences under Part 2B
(1) Proceedings for an offence under this Part may be dealt with summarily before the Supreme Court in its summary jurisdiction.(2) Proceedings for an offence under this Part may be commenced at any time within, but not later than, 2 years after the date on which the offence is alleged to have been committed.
10M Regulations for the purposes of Part 2B
Without limiting the generality of section 82, the regulations may make provision for or with respect to any of the following:(a) requiring a supplier of drinking water to establish, and adhere to, a quality assurance program designed to ensure that the drinking water it supplies is consistently safe to drink,(b) the tests on water and other substances referred to in section 10G,(c) the records to be maintained by a supplier of drinking water.