Subdivision 7 Operation of system of sewage management

44   Performance standards for operation of system of sewage management

(1)  A system of sewage management must be operated in a manner that achieves the following performance standards:

(a)  the prevention of the spread of disease by micro-organisms,

(b)  the prevention of the spread of foul odours,

(c)  the prevention of contamination of water,

(d)  the prevention of degradation of soil and vegetation,

(e)  the discouragement of insects and vermin,

(f)  ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

(g)  the minimisation of any adverse impacts on the amenity of the premises and surrounding lands,

(h)  if appropriate, provision for the re-use of resources (including nutrients, organic matter and water).

(2)  Failure to comply with subclause (1) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person operating the system of sewage management (such as a fire, flood, storm, earthquake, explosion, accident, epidemic or warlike action).

(3)  A system of sewage management must be operated:

(a)  in accordance with the relevant operating specifications and procedures (if any) for the sewage management facilities used for the purpose, and

(b)  so as to allow the removal of any treated sewage (and any by-product of any sewage) in a safe and sanitary manner.

45   Further condition of approval in relation to operation of system of sewage management

(1)  It is a condition of an approval to operate a system of sewage management that this clause is complied with.

(2)  The sewage management facilities used in the operation of the system must be maintained in a sanitary condition and must be operated in accordance with the relevant requirements of this Regulation.

(3)  A sewage management facility used in the operation of the system must not discharge into any watercourse or onto any land other than its related effluent application area.

(4)  The conditions (if any) of any certificate of accreditation issued by the Director-General of the Department of Health under this Subdivision in respect of the plans or designs for any components of the sewage management facilities must be complied with.

(5)  The person operating the system of sewage management must provide details of the way in which it is operated, and evidence of compliance with the relevant requirements of this Regulation and of the conditions of the approval, whenever the council reasonably requires the person to do so.

46   Approval to operate system of sewage management extends to concurrent owners and occupiers

If an owner or occupier of land is the holder of an approval to operate a system of sewage management on the land (being an approval that is in force), any other owner or occupier of that land may operate the system of sewage management (without obtaining a further approval) in accordance with the conditions of the approval.

47   Temporary exemption for purchaser of land

(1)  Despite the other provisions of this Regulation, a person who purchases (or otherwise acquires) land on which any sewage management facilities are installed or constructed may operate a system of sewage management without the approval required under section 68 of the Act for the period of 3 months after the date on which the land is transferred or otherwise conveyed to the person (whether or not an approval is in force, as at that date, in relation to the operation of a system of sewage management on that land).

(2)  Further, if the person duly applies, within the period of 2 months after the date on which the land is transferred or otherwise conveyed to the person, for approval to operate the system of sewage management concerned, the person may continue to operate that system of sewage management without approval until the application is finally determined.