Division 1 Safety measures for drinking water
(cf 1991 Act, s 10A)
In this Division:boil water advice for drinking water means advice 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.
drinking water means water that is intended, or likely, to be used for human consumption, or for purposes connected with human consumption, such as:
(a) the washing or cooling of food, or(b) the making of ice for consumption, or for the preservation of unpackaged food,whether or not the water is used for other purposes.treatment of water means any process or technique used to improve the quality of water.
(cf 1991 Act, s 10K)
A certificate that is issued by the Minister, the Director-General or the Chief Health Officer and that states that, on a specified day, he or she gave a specified direction under this Division to a specified person is admissible in any legal proceedings as prima facie evidence of the fact or facts so stated.
15 Drinking water must be fit for human consumption (cf 1991 Act, s 10IA)
A person must not, by means of a reticulated water system, supply any other person with drinking water that is not fit for human consumption.Maximum penalty:
(a) in the case of an individual—2,500 penalty units, or 12 months imprisonment, or both, or(b) in the case of a corporation—10,000 penalty units.
16 Power to take action with respect to unsafe water
(cf 1991 Act, s 10I)
(1) The Minister may take such action, and by order give such directions, as the Minister considers necessary:(a) to restrict or prevent the use of unsafe water, and(b) to bring unsafe water to such a condition that it is no longer unsafe water.(2) Before giving a direction to a supplier of drinking water constituted under an Act, the Minister is to consult with the Minister responsible for the Act under which the supplier is constituted.(3) In this section, unsafe water means:(a) drinking water that the Minister suspects to be unfit for human consumption, or(b) any other water that the Minister suspects is, or is likely to be, a risk to public health.
17 Offence not to comply with Ministerial direction
(1) A person who:(a) is subject to a direction under section 16, and(b) has notice of the direction,must not, without reasonable excuse, fail to comply with the direction.Maximum penalty:
(a) in the case of an individual—2,500 penalty units or 12 months imprisonment, or both, and, in the case of a continuing offence, a further 500 penalty units for each day the offence continues, or(b) in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further 2,000 penalty units for each day the offence continues.(2) If a direction under section 16 is not complied with, the Minister may take the action referred to in the direction and:(a) unless the person represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the person to the Crown, or(b) if the person represents the Crown, may require the person to pay to the Director-General an amount equal to the cost of doing so.
18 Power to direct testing of drinking water
(cf 1991 Act, s 10G)
(1) The Director-General may, by notice in writing, direct a supplier of drinking water to carry out such tests on the drinking water that it has available for supply, or on any substance used in or produced by the treatment of any such water, as the Director-General considers appropriate.(2) Any such direction 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,(b) while the water is undergoing treatment,(c) after the water has been treated or partly treated.
19 Power to direct production of information
(cf 1991 Act, s 10H)
(1) The Director-General may, by notice in writing, direct a supplier of drinking water 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 is treated.(2) The information to be produced 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 this Division.(3) The information is to be provided in such form and manner as the Director-General may direct.
20 Offence not to comply with Director-General’s direction
(1) A supplier of drinking water to which a direction is given under section 18 or 19 must not, without reasonable excuse, fail to comply with the direction.Maximum penalty:
(a) in the case of an individual—500 penalty units, or imprisonment for 6 months, or both, and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues, or(b) in the case of a corporation—2,000 penalty units and, in the case of a continuing offence, a further 400 penalty units for each day the offence continues.(2) If a direction under section 18 or 19 is not complied with, the Director-General may take the action referred to in the direction and:(a) unless the supplier of drinking water represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the supplier to the Crown, or(b) if the supplier represents the Crown, may require the supplier to pay to the Director-General an amount equal to the cost of doing so.
21 Chief Health Officer responsible for determining necessity for boil water advices
(cf 1991 Act, s 10E)
The Chief Health Officer may from time to time decide, in relation to any supplier of drinking water:(a) whether or not it should issue a boil water advice for the drinking water it supplies or has available for supply, and(b) whether or not it should provide additional information to the public in connection with any boil water advice it issues, and(c) whether or not a boil water advice is to be retracted or corrected.
(cf 1991 Act, s 10B)
(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 of drinking water) and any possible risks to health involved in the consumption of that water.(2) The advice may include a boil water advice.(3) The Chief Health Officer is to provide the advice in writing to the relevant supplier of drinking water.(4) The supplier of drinking water to whom the advice is provided must issue the advice to the public in such form and manner as the Chief Health Officer may direct by notice in writing.Maximum penalty:
(a) in the case of an individual—100 penalty units, or imprisonment for 6 months, or both, or(b) in the case of a corporation—500 penalty units.(5) The Chief Health Officer may also issue the advice to the public as the Chief Health Officer sees fit.
23 Correction of misleading information
(cf 1991 Act, s 10C)
(1) The Chief Health Officer may, by notice in writing, direct a supplier of drinking water 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 to which a direction is given under this section must not, without reasonable excuse, fail to comply with the direction.Maximum penalty:
(a) in the case of an individual—500 penalty units and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues, or(b) in the case of a corporation—2,000 penalty units and, in the case of a continuing offence, a further 400 penalty units for each day the offence continues.(4) If a direction given to a supplier of drinking water is not complied with, the Chief Health Officer may take the action referred to in the direction and:(a) unless the supplier of drinking water represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the person to the Crown, or(b) if the supplier represents the Crown, may require the person to pay to the Director-General an amount equal to the cost of doing so.
(cf 1991 Act, s 10J)
(1) The provision of any information or advice concerning drinking water by the Chief Health Officer exercising any function under this Division, or by a supplier of drinking water pursuant to a direction under this Division, in good faith for the purpose of executing this Act does not subject:(a) the State, or(b) a Minister of the Crown in right of New South Wales, or(c) a member of staff of the Department, or(d) a member of the NSW Health Service, or(e) the supplier or any of its staff,to any action, liability, claim or demand.(2) A reference in this section to the exercise by the Chief Health Officer of a function includes a reference to a decision by the Chief Health Officer not to exercise that function.
(cf 1991 Act, s 10M)
(1) A supplier of drinking water must establish, and adhere to, a quality assurance program that complies with the requirements prescribed by the regulations.(2) The regulations may make provision for or with respect to any of the following:(a) the tests on water and other substances to be carried out by a supplier of drinking water pursuant to this Division,(b) the records to be maintained by a supplier.(3) The Chief Health Officer may, by notice in writing, exempt a supplier of drinking water or class of suppliers from subsection (1) if the Chief Health Officer is satisfied that the supplier, or class of suppliers, is subject to other appropriate licensing or other regulatory requirements.
(cf 1991 Act, s 44)
In this Division:duly qualified, in relation to a person who installs, maintains or operates a regulated system, means a person who might reasonably be expected to be competent to do so.
install includes construct.
maintain includes repair, inspect, carry out preventive servicing and clean.
prescribed installation requirements means requirements prescribed by the regulations with respect to the design and installation of a regulated system.
prescribed maintenance requirements means requirements prescribed by the regulations with respect to the maintenance of a regulated system.
prescribed operating requirements means requirements prescribed by the regulations with respect to the operation of a regulated system.
regulated system means any of the following:
(a) an air-handling system, being a system designed for the purpose of directing air in a positive and controlled manner to and from specific enclosures by means of air-handling plant, ducts, plenums, air-distribution devices and automatic controls,(b) a hot water system, being a system designed to heat and deliver water at a temperature of at least 60°C at each outlet point,(c) a humidifying system, being a system for adding moisture to air in order to raise its humidity,(d) a warm-water system, being a system designed to heat and deliver water at a temperature of less than 60°C at each outlet point,(e) a water-cooling system, being:(i) a device for lowering the temperature of water or other liquid by evaporative cooling, or(ii) an evaporative condenser that incorporates a device containing a refrigerant or heat exchanger,together with its associated equipment and pipe work,(f) any other system for the treatment of air or water that is declared by the regulations to be a regulated system for the purposes of this Division.
27 Exemption of certain premises
This Division does not apply to or in respect of any regulated system installed on premises that is declared by the regulations to be exempt from the operation of this Division.
28 Installation of regulated systems
(cf 1991 Act, s 45)
(1) If a regulated system is installed on any premises otherwise than in accordance with the prescribed installation requirements (including any design requirements of those requirements), the occupier of the premises at the time the system is installed is guilty of an offence.Maximum penalty:
(a) in the case of an individual—200 penalty units, or(b) in the case of a corporation—1,000 penalty units.(2) It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that the regulated system was installed by a duly qualified person.(3) If a duly qualified person:(a) is engaged by the occupier of any premises to install a regulated system on the premises, and(b) fails to ensure that the prescribed installation requirements are complied with,that person is guilty of an offence.Maximum penalty:
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
29 Operation of regulated systems
(cf 1991 Act, s 46)
(1) If an occupier of any premises on which a regulated system is installed fails to ensure that the prescribed operating requirements are complied with, the occupier is guilty of an offence.Maximum penalty:
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.(2) It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that a duly qualified person was engaged to operate the regulated system.(3) If a duly qualified person:(a) is engaged by the occupier of any premises to operate a regulated system, and(b) fails to ensure that the prescribed operating requirements are complied with,that person is guilty of an offence.Maximum penalty:
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
30 Maintenance of regulated systems
(cf 1991 Act, s 46)
(1) If an occupier of any premises on which a regulated system is installed fails to ensure that the prescribed maintenance requirements are complied with, the occupier is guilty of an offence.Maximum penalty:
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.(2) It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that a duly qualified person was engaged to maintain the regulated system.(3) If a duly qualified person:(a) is engaged by the occupier of any premises to maintain a regulated system, and(b) fails to ensure that the prescribed maintenance requirements are complied with,that person is guilty of an offence.Maximum penalty:
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
31 Notification required where water-cooling or warm-water systems are installed on premises
(cf Microbial Control Reg, cl 15)
The occupier of premises at which a water-cooling system or warm-water system is installed must cause notice of that fact to be given to the person prescribed by the regulations in the approved form and in the manner prescribed by the regulations:(a) if the system is installed before he or she becomes the occupier, within one month after he or she becomes the occupier, or(b) if the system is installed after he or she becomes the occupier, within one month after the system is installed.Maximum penalty: 10 penalty units.
32 Director-General may give training directions
(cf 1991 Act, s 48)
(1) The Director-General may serve on a person found guilty of an offence under section 28 (3), 29 (3) or 30 (3) a notice in writing:(a) directing that the person undertake specified training, and(b) prohibiting the person from carrying out specified functions relating to a regulated system until the training is completed.(2) A person who:(a) is subject to a direction or prohibition under this section, and(b) has notice of the direction or prohibition,must not, without reasonable excuse, fail to comply with the direction or prohibition.Maximum penalty: 1,000 penalty units or imprisonment for 12 months, or both, and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues.
33 Investigation of outbreaks of Legionnaires’ disease
(cf Microbial Control Reg, cl 14)
(1) Any investigation of an outbreak of Legionnaires’ disease is to be carried out in accordance with any procedures approved by the Director-General for the purposes of this section.(2) An authorised officer investigating an occurrence of Legionnaires’ disease may, by order in writing served on the occupier of the premises, direct that a regulated system that is on the premises and is described in the order be maintained as directed by the order while it is in force.(3) Any such direction is a prescribed maintenance requirement for the purposes of this Division, and prevails to the extent of any inconsistency with any other prescribed maintenance requirement.Note. Such a prescribed maintenance requirement may be enforced by the giving of an improvement notice or prohibition order (see Division 5).
Division 3 Control of public swimming pools and spa pools
(cf Swimming Pools Reg, cl 4)
In this Division:prescribed operating requirements means requirements prescribed by the regulations with respect to the operation of a public swimming pool or spa pool.
public swimming pool or spa pool means a swimming pool or spa pool to which the public is admitted, whether free of charge, on payment of a fee or otherwise, including:
(a) a pool to which the public is admitted as an entitlement of membership of a club, or(b) a pool provided at a workplace for the use of employees, or(c) a pool provided at a hotel, motel or guest house or at holiday units, or similar facility, for the use of guests, or(d) a pool provided at a school or hospital,but not including a pool situated at private residential premises.spa pool includes any structure (other than a swimming pool) that:
(a) holds more than 680 litres of water, and(b) is used or intended to be used for human bathing, and(c) has facilities for injecting jets of water or air into the water.swimming pool includes any structure that is used or intended to be used for human bathing, swimming or diving, and includes a water slide or other recreational aquatic structure.
35 Operation of premises where public pools are situated
(1) If an occupier of any premises at which a public swimming pool or spa pool is situated fails to ensure that the prescribed operating requirements are complied with, the occupier is guilty of an offence.Maximum penalty:
(a) in the case of an individual—100 penalty units, or(b) in the case of a corporation—500 penalty units.(2) The occupier of premises at which a public swimming pool or spa pool is situated must not allow a person to use the pool unless the occupier has caused notice of the pool’s existence to be given to the person prescribed by the regulations in the approved form and in the manner prescribed by the regulations.Maximum penalty: 10 penalty units.
36 Disinfection and cleaning of public pools
(cf Swimming Pools Reg, cll 5, 6 and 9)
(1) The occupier of premises at which a public swimming pool or spa pool is situated must not allow a person to use the pool unless the water in the pool is disinfected in such a way as to minimise the transmission of disease to the other users of the pool.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(2) The occupier of premises at which a public swimming pool or spa pool is situated must ensure that the pool surrounds, including any toilets or change rooms, are kept clean and in such condition as to minimise the transmission of disease.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(3) It is a defence to proceedings for an offence under this section if the defendant satisfies the court that the public swimming pool or spa pool was maintained in accordance with any standards prescribed by the regulations for the purposes of this section.
37 Pools subject to prohibition orders
The occupier of premises at which there is a public swimming pool or spa pool the subject of a prohibition order must display a copy of the order in a conspicuous place at or near each entrance to the premises concerned.Maximum penalty: 10 penalty units.
Division 4 Control of skin penetration procedures
38 Operation of skin penetration procedures
(cf Skin Penetration Reg, cl 12)
(1) The occupier of premises where skin penetration procedures are carried out must comply with the requirements prescribed by the regulations with respect to such premises.Maximum penalty:
(a) in the case of an individual—100 penalty units, or(b) in the case of a corporation—500 penalty units.(2) The occupier of any premises where skin penetration procedures are carried out must cause notice of the carrying out of skin penetration procedures at the premises to be given to the person prescribed by the regulations in the approved form and in the manner prescribed by the regulations.Maximum penalty: 10 penalty units.
39 Director-General may give training directions relating to skin penetration procedures
(1) The Director-General may serve on a person found guilty of an offence under this Act or the regulations in relation to the conduct of a skin penetration procedure at premises a notice:(a) directing that the person undertake specified training, and(b) prohibiting the carrying out of specified skin penetration procedures at the premises until the training is completed.(2) A person who:(a) is subject to a direction or prohibition under this section, and(b) has notice of the direction or prohibition,must not, without reasonable excuse, fail to comply with the direction or prohibition.Maximum penalty: 1,000 penalty units or imprisonment for 12 months, or both.
Division 5 Improvement notices and prohibition orders
In this Division:enforceable requirement means:
(a) a prescribed installation requirement, prescribed maintenance requirement or prescribed operating requirement with respect to a regulated system under Division 2, or(b) a prescribed operating requirement with respect to a public swimming pool or spa pool under Division 3, or(c) a requirement prescribed with respect to premises at which skin penetration procedures are carried out under section 38.public swimming pool or spa pool has the same meaning as it has in Division 3.
41 Non-complying premises or procedures
An authorised officer may serve an improvement notice on the occupier of premises at which there is a regulated system or a public swimming pool or spa pool or premises at which a person carries out skin penetration procedures if the officer believes, on reasonable grounds, that:(a) the premises, or a regulated system, public swimming pool or spa pool at those premises, does not comply with an enforceable requirement, or(b) a regulated system, public swimming pool or spa pool at the premises is not being maintained or operated in accordance with an enforceable requirement.
(1) An improvement notice is to take the form of a direction that requires a specified enforceable requirement to be complied with within a period of 72 hours (or such longer period as is specified in the notice) after the service of the notice on the occupier or person.(2) The notice may specify the actions to be taken to comply with the requirement.(3) An improvement notice is to state that it is issued under this section and to specify any provision of the regulations to which it relates.
43 Compliance with improvement notice
(1) If an improvement notice is complied with, an authorised officer is to note the date of compliance on the notice.(2) An authorised officer must give a copy of an improvement notice, noted in accordance with this section, to the person on whom the improvement notice was served if requested to do so by the person.
44 Failure to comply with notice relating to regulated system
(1) The Director-General, a local government authority or the General Manager of a council may take action under this section or section 45 if the occupier of premises at which there is a regulated system fails to comply with an improvement notice.(2) The Director-General, local government authority or General Manager may take the action referred to in the notice and:(a) unless the occupier represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the person to the Crown or to the local government authority, as the case may be, or(b) if the occupier represents the Crown, may require the occupier to pay to the Director-General or to the local government authority an amount equal to the cost of doing so.(3) An employee assigned, or a contractor engaged, by the Director-General or a local government authority to do any work on regulated premises under this section may, at any reasonable time, enter the premises and do the work or have it done.
(1) The Director-General, a local government authority or a General Manager of a council may serve a prohibition order on the occupier of premises if the Director-General, authority or General Manager believes on reasonable grounds:(a) that any of the circumstances in which an improvement notice may be issued exist and that:(i) the occupier has not complied with an improvement notice within the time required under the notice, and(ii) the issue of the prohibition order is necessary to prevent or mitigate a serious risk to public health, or(b) that any of the circumstances in which an improvement notice may be issued exist and that the issue of the order (without first issuing an improvement notice) is urgently necessary to prevent or mitigate a serious risk to public health.(2) A prohibition order made against the occupier of premises at which there is a regulated system is to take the form of an order that the system must not be operated until the occupier has been given a clearance certificate stating that the system may be operated.(3) A prohibition order made against the occupier of premises at which there is a public swimming pool or spa pool is to take the form of an order that the swimming pool or spa pool must not be opened for use by the public until the occupier has been given a clearance certificate stating that the swimming pool or spa pool may be opened for use by the public.(4) A prohibition order made against the occupier of premises at which skin penetration procedures are carried out is to take the form of an order that such procedures must not be carried out at the premises until the occupier has been given a clearance certificate stating that skin penetration procedures may be carried out at the premises.(5) A prohibition order is to state that it is issued under this section and to specify any provision of the regulations to which it relates.(6) The Director-General, local government authority or General Manager who made the prohibition order must give a certificate of clearance if, after an inspection of the premises subject to the order, an authorised officer is satisfied that there is no serious danger to public health.
(1) An occupier of premises who is subject to a prohibition order may at any time after the order has been served make a written request to the person who made the order to cause the premises to be inspected by an authorised officer.(2) If a request for inspection is made under this section and, through no fault of the person who made the request, the inspection does not take place within 2 working days of the request being received by the person who made the prohibition order, a certificate of clearance is taken to have been given under this Division to the person who made the request.
47 Contravention of prohibition order
A person must not fail to comply with a prohibition order served on the person under this Part.Maximum penalty (for an offence in respect of a public swimming pool or spa pool or premises where skin penetration procedures are carried out):
(a) in the case of an individual—200 penalty units, or 12 months imprisonment, or both, and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues, or(b) in the case of a corporation—1,000 penalty units and, in the case of a continuing offence, a further 500 penalty units for each day the offence continues.Maximum penalty (for an offence in respect of a regulated system):
(a) in the case of an individual—500 penalty units, or 12 months imprisonment, or both, and, in the case of a continuing offence, a further 250 penalty units for each day the offence continues, or(b) in the case of a corporation—2,500 penalty units and, in the case of a continuing offence, a further 1,250 penalty units for each day the offence continues.
48 Review of decision to refuse certificate of clearance
An occupier of premises on whom a prohibition order has been served may apply to the Administrative Decisions Tribunal for a review of a decision of the person who made the order to refuse to give a certificate of clearance under this Part to the occupier.
(1) A person against whom a prohibition order is made who suffers loss as a result of the making of the order may apply to the person who made the order for compensation if the person against whom the order is made considers that the order was not made in good faith or that there were no grounds for the making of the order.(2) If the order was not made in good faith or there were no grounds for the making of the order, the Director-General, the local government authority or the council (if the order was issued by the General Manager of the council) is to pay such compensation to the applicant as is just and reasonable.(3) The person who made the prohibition order is to determine the compensation payable in accordance with subsection (2).(4) The person who made the prohibition order is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.(5) If an application for compensation under this section is not determined by the person who made the prohibition order within 28 days of receiving the application, the application is taken to have been refused.(6) An applicant for the payment of compensation under this section who is dissatisfied with a determination as to the refusal to pay compensation or as to the amount of compensation may apply to the Administrative Decisions Tribunal for a review of the determination:(a) within 28 days after the day on which notification of the determination was received, or(b) in a case to which subsection (5) applies, within 28 days after the expiration of the 28-day period referred to in that subsection.
50 Environmental health registers
(1) The regulations may provide for the establishment and maintenance of registers of regulated systems, public swimming pools and spa pools and premises where skin penetration procedures are carried out.(2) Without limiting subsection (1), the regulations may provide for the following:(a) the information to be provided by occupiers of premises required to be registered,(b) the matters to be included in a register,(c) the form of the register.