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This is a Bill, not an Act. For current law, see the Acts databases.
Plumbing and Drainage Bill 2011
No , 2011
A Bill for
An Act to regulate certain plumbing and drainage work and to establish a single
regulator for that work, and for related purposes.
Clause 1 Plumbing and Drainage Bill 2011
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Plumbing and Drainage Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
approved form means a form approved by the plumbing regulator. 9
authorised fitting--see section 20. 10
authorised person means an inspector or enforcement officer. 11
certificate of compliance--see section 15. 12
code compliant--see section 7. 13
enforcement officer means a person appointed as an enforcement 14
officer under Part 4. 15
function includes a power, authority or duty and exercise a function 16
includes perform a duty. 17
inspector means a person appointed as an inspector under Part 4. 18
network utility operator means: 19
(a) the Hunter Water Corporation constituted under the Hunter 20
Water Act 1991, and 21
(b) the Sydney Water Corporation constituted under the Sydney 22
Water Act 1994, and 23
(c) a licensed network operator under the Water Industry 24
Competition Act 2006, and 25
(d) a water supply authority under the Water Management Act 2000, 26
and 27
(e) a local council or county council exercising water or sewerage 28
functions. 29
plumbing and drainage work--see section 4. 30
Plumbing Code of Australia means the document entitled the Plumbing 31
Code of Australia, produced for all State governments by the Australian 32
Building Codes Board, as in force from time to time. 33
plumbing installation--see section 4. 34
Page 2
Plumbing and Drainage Bill 2011 Clause 4
Preliminary Part 1
plumbing regulator means: 1
(a) the Commissioner for Fair Trading, Department of Finance and 2
Services, or 3
(b) if there is no such position in the Department, the 4
Director-General of the Department. 5
pre-notified--see section 9. 6
premises includes land and buildings. 7
repair includes make good, replace, reconstruct, remove, alter, cleanse 8
or clear. 9
responsible person--see section 5. 10
sanitary drainage system--see section 4. 11
sanitary plumbing system--see section 4. 12
(2) Notes included in this Act do not form part of this Act. 13
4 Plumbing and drainage work--meaning 14
(1) In this Act, plumbing and drainage work means: 15
(a) the construction of, or work on, a plumbing installation that 16
connects, directly or indirectly, with a network utility operator's 17
water supply system, downstream from the point of connection to 18
a network utility operator's water supply system, or 19
(b) the construction of, or work on, a plumbing installation that 20
connects, directly or indirectly, with any other water supply 21
system, if the construction or work is residential building work 22
within the meaning of the Home Building Act 1989, or 23
(c) the construction of, or work on, a sanitary plumbing system, or 24
(d) the construction of, or work on, a sanitary drainage system 25
upstream from its point of connection to: 26
(i) a system for the disposal of sewerage, or 27
(ii) a system for the re-use of sewerage or other wastewater, or 28
(iii) an on-site wastewater management or treatment system, or 29
(iv) a network utility operator's sewerage system, or 30
(e) any other type of construction or work declared by the 31
regulations to be plumbing and drainage work. 32
(2) A plumbing installation means an installation that conveys, or controls 33
the conveyance of, water but does not include anything connected to, 34
extending or situated beyond the outlet from a fixture, fitting or 35
pressurised line. 36
Page 3
Clause 5 Plumbing and Drainage Bill 2011
Part 1 Preliminary
(3) A sanitary plumbing system means an assembly of pipes, fittings, 1
fixtures and appliances used to collect and convey sewage to a sanitary 2
drainage system. 3
(4) A sanitary drainage system means an assembly of pipes, fittings and 4
apparatus (usually located below ground level) used to collect and 5
convey the discharge from a sanitary plumbing system, together with 6
discharge from fixtures directly connected to a drain, to a sewer. 7
(5) Subject to the regulations, plumbing and drainage work does not 8
include any of the following work: 9
(a) the construction of, or work on, stormwater pipes, 10
(b) the construction of, or work on, fire suppression systems, 11
(c) the construction of, or work on, network utility operator or local 12
council water or stormwater mains, sewers or sewerage systems, 13
(d) roof plumbing work (being work declared by the regulations 14
under the Home Building Act 1989 to be roof plumbing work), 15
(e) exempt owner/occupier work, being work that: 16
(i) involves repairing a tap or showerhead in a dwelling (other 17
than a repair of a thermostatic mixing valve, tempering 18
valve or backflow prevention device) or the installation of 19
water-restricting or flow-regulating devices to tap end 20
fittings (including showerheads) in a dwelling, and 21
(ii) is carried out by the owner or occupier of the dwelling, or 22
a person authorised to carry out the work by the owner or 23
occupier of the dwelling who does not receive payment or 24
other consideration for carrying out the work. 25
Note. Work excluded from the definition of plumbing and drainage work still 26
has to be done in accordance with any other relevant legislation, for example 27
the Home Building Act 1989. 28
5 Responsible person for plumbing and drainage work 29
In this Act, the responsible person for plumbing and drainage work 30
means: 31
(a) in the case of work carried out or proposed to be carried out by 32
the holder of an endorsed contractor licence or a supervisor 33
certificate under the Home Building Act 1989 authorising the 34
holder to do the work, the holder of that licence or certificate, or 35
(b) in the case of work carried out or proposed to be carried out under 36
the immediate or general supervision of the holder of an endorsed 37
contractor licence or a supervisor certificate under the Home 38
Building Act 1989 authorising the holder to supervise the work, 39
the holder of the endorsed contractor licence or supervisor 40
certificate. 41
Page 4
Plumbing and Drainage Bill 2011 Clause 6
Plumbing and drainage work Part 2
Part 2 Plumbing and drainage work 1
Division 1 General requirements for plumbing and drainage 2
work 3
6 Plumbing and drainage work to be carried out only by authorised 4
persons 5
(1) A person must not do any kind of plumbing and drainage work unless 6
the person: 7
(a) holds an endorsed contractor licence or a supervisor certificate in 8
force under the Home Building Act 1989 authorising the holder to 9
do that kind of work, or 10
(b) does the work under the immediate supervision of the holder of 11
such a licence or certificate, or 12
(c) holds a tradesperson certificate in force under the Home Building 13
Act 1989 authorising the holder to do that work under supervision 14
and does that work under the general supervision of the holder of 15
a licence or certificate referred to in paragraph (a). 16
Maximum penalty: 100 penalty units. 17
(2) A person cannot be found guilty of both an offence under this section 18
and a similar offence under another Act in respect of the same work 19
done on the same occasion. 20
(3) A similar offence under another Act is an offence under another Act 21
constituted by doing work that can only be done by or under the 22
supervision of the holder of an authority under the Home Building Act 23
1989. 24
Note. The Hunter Water Act 1991, the Local Government Act 1993, the Sydney 25
Water Act 1994, the Water Industry Competition Act 2006 and the Water 26
Management Act 2000 contain similar offences. Those offences apply to any 27
water supply, sewerage or drainage work that affects the infrastructure of a 28
network utility operator. 29
7 Plumbing and drainage work to comply with certain standards 30
(1) The responsible person for plumbing and drainage work must ensure the 31
work complies with: 32
(a) the Plumbing Code of Australia, and 33
(b) any other standards or requirements prescribed by the 34
regulations. 35
Maximum penalty: 100 penalty units. 36
(2) Work done in accordance with this section is code compliant. 37
Page 5
Clause 8 Plumbing and Drainage Bill 2011
Part 2 Plumbing and drainage work
8 Authorised fittings to be used for plumbing and drainage work 1
The responsible person for plumbing and drainage work must ensure 2
any fitting used in the plumbing and drainage work is an authorised 3
fitting. 4
Maximum penalty: 100 penalty units. 5
Division 2 Notice of plumbing and drainage work 6
9 Plumbing and drainage work must be pre-notified to plumbing regulator 7
(1) The responsible person for plumbing and drainage work must ensure 8
that no plumbing and drainage work is carried out by, or under the 9
supervision of, the responsible person unless: 10
(a) the responsible person has given the plumbing regulator a notice 11
of work in accordance with this section, and 12
(b) the work carried out corresponds to the specifications in the 13
notice of work. 14
Maximum penalty: 100 penalty units. 15
(2) A notice of work is a notice in an approved form that specifies the work 16
to be carried out and the responsible person for the work. 17
(3) The notice of work must be given to the plumbing regulator before the 18
work is carried out and no later than as required by the regulations (if 19
any). 20
(4) Work carried out corresponds to the specifications in a notice of work 21
only if: 22
(a) the work is the same as or not materially different from the work 23
as specified in the notice of work, and 24
(b) the work is carried out by or under the supervision of the 25
responsible person specified in the notice of work. 26
Note. Accordingly, if a notice of work is given to the plumbing regulator and the 27
work proposed to be carried out is materially different from the work notified, or 28
the responsible person for the work changes, the plumbing regulator must be 29
given a further notice of work with the new specifications before that work is 30
carried out. 31
(5) Work notified in accordance with this section is work that has been 32
pre-notified. 33
10 Emergency work does not have to be pre-notified 34
(1) Emergency work does not have to be pre-notified. 35
Page 6
Plumbing and Drainage Bill 2011 Clause 11
Plumbing and drainage work Part 2
(2) Emergency work is plumbing and drainage work carried out in an 1
emergency: 2
(a) to prevent waste of water, or 3
(b) to restore a water supply that has been shut off to prevent waste 4
of water, or 5
(c) to free a choked pipe, or 6
(d) to protect public health or safety, or 7
(e) to prevent damage to property. 8
(3) The responsible person for any emergency work that is not pre-notified 9
must give the plumbing regulator notice of the emergency work, in an 10
approved form, within the period prescribed by the regulations after 11
carrying out the work. 12
Maximum penalty: 100 penalty units. 13
(4) The responsible person for any emergency work must take all 14
reasonable steps to ensure that the work does not threaten the health and 15
safety of any occupier of premises affected by the work. 16
Maximum penalty: 100 penalty units. 17
11 Notice of defective installation or system 18
(1) The responsible person for plumbing and drainage work carried out on 19
land must, within the period prescribed by the regulations, give the 20
following persons written notice of any defective installation or system 21
on the land discovered in the course of carrying out the plumbing and 22
drainage work: 23
(a) the owner of the land, 24
(b) the occupier of the land (if the owner does not occupy the land). 25
Maximum penalty: 100 penalty units. 26
(2) The responsible person for plumbing and drainage work carried out on 27
land must, within the period prescribed by the regulations, give the 28
plumbing regulator written notice of any defective installation or 29
system on the land discovered in the course of carrying out the 30
plumbing and drainage work that poses an imminent threat to public 31
health or safety. 32
Maximum penalty: 100 penalty units. 33
(3) A defective installation or system is discovered if the responsible 34
person, or a person carrying out the plumbing and drainage work under 35
the responsible person's supervision, becomes aware that the 36
installation or system concerned is defective. 37
Page 7
Clause 12 Plumbing and Drainage Bill 2011
Part 2 Plumbing and drainage work
(4) For the purposes of this section, an installation or system is any 1
plumbing installation, sanitary plumbing system or sanitary drainage 2
system. 3
Division 3 Inspection of plumbing and drainage work 4
12 Inspection of plumbing and drainage work by plumbing regulator 5
(1) The plumbing regulator may, for the purpose of monitoring compliance 6
with this Act, inspect any plumbing and drainage work. 7
(2) To avoid any doubt, the plumbing regulator may carry out more than 8
one inspection of plumbing and drainage work if the regulator considers 9
it necessary in the circumstances. 10
(3) The regulations may make provision for the fee payable for inspections 11
by the plumbing regulator. 12
13 Responsible person to notify plumbing regulator when work is ready for 13
inspection 14
(1) A responsible person for plumbing and drainage work must notify the 15
plumbing regulator when the work will be ready for inspection by the 16
plumbing regulator before, or within the period prescribed by the 17
regulations after, completing the work. 18
Maximum penalty: 100 penalty units. 19
(2) Notice is duly given only if any fee required to be paid by the 20
regulations for the inspection has been paid to the plumbing regulator. 21
(3) Before carrying out an inspection, the plumbing regulator must advise 22
the responsible person: 23
(a) of the period during which the plumbing and drainage work must 24
be available for inspection by the plumbing regulator (the 25
inspection period), and 26
(b) that the responsible person must ensure the plumbing and 27
drainage work is accessible for inspection during the inspection 28
period. 29
(4) The inspection period is to be a period agreed between the plumbing 30
regulator and the responsible person or, in the absence of an agreement, 31
another period specified by the plumbing regulator that is reasonable in 32
the circumstances. 33
(5) The responsible person must, unless the responsible person has a 34
reasonable excuse: 35
(a) ensure the plumbing and drainage work is accessible and ready to 36
be inspected during the inspection period, and 37
Page 8
Plumbing and Drainage Bill 2011 Clause 14
Plumbing and drainage work Part 2
(b) be present, or ensure that an agreed representative of the 1
responsible person is present, during the inspection period at the 2
place at which the plumbing and drainage work has been carried 3
out. 4
Maximum penalty: 100 penalty units. 5
(6) In this section, an agreed representative of a responsible person means 6
a person who is qualified to carry out (without supervision) the work 7
that is the subject of the inspection and who is nominated by the 8
responsible person, with the agreement of the plumbing regulator, to 9
attend the inspection as the responsible person's representative. 10
14 Defective plumbing and drainage work 11
(1) The plumbing regulator may, by written notice given to the responsible 12
person for plumbing and drainage work, direct the responsible person: 13
(a) to repair, as specified by the plumbing regulator, work done 14
otherwise than in a proper and skilful manner, or 15
(b) to make code compliant work that is not code compliant, or 16
(c) to repair, as specified by the plumbing regulator, a defective 17
fitting used in any of the work done, or 18
(d) if a fitting used in the plumbing and drainage work is not an 19
authorised fitting, to replace the fitting with an authorised fitting, 20
or 21
(e) to disconnect the supply of water to premises, or part of premises, 22
if there is a risk to public health, or 23
(f) to disconnect a sanitary plumbing system or sanitary drainage 24
system from a sewer, if there is a risk to public health. 25
(2) A responsible person to whom a direction is given must comply with the 26
direction, unless the responsible person has a reasonable excuse. 27
Maximum penalty: 100 penalty units. 28
(3) If a direction is given to a responsible person before a certificate of 29
compliance is given for the plumbing and drainage work, the 30
responsible person must comply with the direction before continuing 31
with the work. 32
Maximum penalty: 100 penalty units. 33
(4) A direction ceases to have effect if the plumbing and drainage work that 34
is the subject of the direction is the subject of an order made by the 35
Consumer, Trader and Tenancy Tribunal under the Home Building Act 36
1989. 37
(5) A direction is of no effect if it is issued more than 2 years after the 38
plumbing and drainage work to which it relates has been completed. 39
Page 9
Clause 15 Plumbing and Drainage Bill 2011
Part 2 Plumbing and drainage work
(6) A person who holds an endorsed contractor licence or supervisor 1
certificate under the Home Building Act 1989 authorising the person to 2
do plumbing and drainage work and who gives the plumbing regulator 3
a certificate of compliance in respect of any plumbing and drainage 4
work that the person is authorised to do or supervise is taken, for the 5
purposes of this section, to be the responsible person in respect of all 6
work that is the subject of the certificate of compliance. 7
Division 4 Obligation to supply certificates and plans 8
15 Person to give certificate of compliance after work completed 9
(1) The responsible person for plumbing and drainage work must, within 10
the period prescribed by the regulations after completing the work: 11
(a) give the plumbing regulator a certificate of compliance, and 12
(b) give a copy of the certificate of compliance to the person for 13
whom the work is carried out, whether as contractor or employee. 14
Maximum penalty: 100 penalty units. 15
(2) A person who contracts with another person for that other person to 16
carry out plumbing and drainage work in relation to premises, and who 17
is not the owner of the premises, must, within the period prescribed by 18
the regulations after receiving a copy of a certificate of compliance in 19
relation to the work, give a copy of the certificate to the owner of the 20
premises or the owner's agent. 21
Maximum penalty: 100 penalty units. 22
(3) A certificate of compliance is a written document, in an approved form, 23
that certifies that the plumbing and drainage work to which it relates is 24
code compliant. 25
(4) For the purposes of this section, plumbing and drainage work is 26
completed by a responsible person when the responsible person 27
completes, in accordance with this Act, the whole of the plumbing and 28
drainage work that the person was engaged to carry out and the period 29
during which the plumbing and drainage work must be available for 30
inspection by the plumbing regulator has ended. 31
16 Supply of plans 32
(1) On completion of plumbing and drainage work that consists of or 33
includes carrying out work on a sanitary drainage system, the 34
responsible person for the work must supply a plan of the work, in the 35
approved form, to the following persons: 36
(a) the owner of the land or the owner's agent, 37
Page 10
Plumbing and Drainage Bill 2011 Clause 17
Plumbing and drainage work Part 2
(b) the plumbing regulator. 1
Maximum penalty: 100 penalty units. 2
(2) If a person prepares a plan of a sanitary drainage system other than 3
under subsection (1) the person must supply a copy of the plan, in the 4
approved form, to the following persons: 5
(a) the owner of the land or the owner's agent, 6
(b) the plumbing regulator. 7
Maximum penalty: 100 penalty units in the case of an individual or 8
200 penalty units in the case of a corporation. 9
(3) A requirement to supply a plan or a copy of a plan to the plumbing 10
regulator under this section may be satisfied by supplying the plan or 11
copy to a local council of the area in which the sanitary drainage system 12
is located, if the plumbing regulator has delegated its functions under 13
this section to the local council of the area. 14
(4) A plan or copy of a plan that is required to be supplied to another person 15
under this section is required to be supplied no later than as prescribed 16
by the regulations. 17
(5) In this section, a plan of a sanitary drainage system includes a sewer 18
service diagram or similar instrument. 19
Division 5 Miscellaneous 20
17 Obligation to prevent threats to public health or safety 21
(1) The owner or occupier of land who has control of a plumbing 22
installation or a sanitary drainage system must take all reasonable steps 23
to ensure the plumbing installation or sanitary drainage system does not 24
threaten public health or safety. 25
Maximum penalty: 100 penalty units in the case of an individual or 26
200 penalty units in the case of a corporation. 27
(2) This section applies only to a plumbing installation or sanitary drainage 28
system the construction of which would constitute plumbing and 29
drainage work. 30
18 Exemptions 31
(1) The regulations may exempt the following from any specified provision 32
or provisions of this Part: 33
(a) specified kinds of plumbing and drainage works, 34
(b) specified persons or classes of persons. 35
Page 11
Clause 18 Plumbing and Drainage Bill 2011
Part 2 Plumbing and drainage work
(2) An exemption has effect subject to any conditions specified in the 1
regulations. 2
Page 12
Plumbing and Drainage Bill 2011 Clause 19
Plumbing regulator Part 3
Part 3 Plumbing regulator 1
19 Functions of plumbing regulator 2
The plumbing regulator has the following functions: 3
(a) monitoring compliance with this Act, 4
(b) ensuring that any plumbing and drainage work carried out does 5
not threaten public health or safety, 6
(c) any other functions conferred or imposed on the plumbing 7
regulator by this Act. 8
20 Authorisation of fittings used for plumbing and drainage work 9
(1) The plumbing regulator may, by order published in the Gazette, give 10
directions as to the fittings that may be used in plumbing and drainage 11
work (either by specifying fittings that may be used or specifying 12
fittings that are not to be used). 13
(2) A direction may: 14
(a) apply generally or be limited in its application by reference to 15
specified exceptions or factors, or 16
(b) apply differently according to different factors of a specified 17
kind. 18
(3) For the purposes of this Act, a fitting is an authorised fitting in relation 19
to plumbing and drainage work only if its use in the plumbing and 20
drainage work concerned does not contravene a direction made by the 21
plumbing regulator that is in force under this section. 22
21 Delegation 23
(1) The plumbing regulator may delegate any of the plumbing regulator's 24
functions under this Act, other than this power of delegation, to: 25
(a) a local council, or 26
(b) any other person whom the regulator considers has the necessary 27
skills, knowledge or experience to exercise the function. 28
(2) A local council may subdelegate any function delegated to it by the 29
plumbing regulator to: 30
(a) the general manager of the council, or 31
(b) a person engaged as a contractor by the local council whom the 32
council considers has the necessary skills, knowledge or 33
experience to exercise the function. 34
Page 13
Clause 22 Plumbing and Drainage Bill 2011
Part 4 Inspection and enforcement powers
Part 4 Inspection and enforcement powers 1
Division 1 Appointment of inspectors and enforcement 2
officers 3
22 Appointment of inspectors 4
(1) The plumbing regulator may appoint persons as inspectors for the 5
purposes of this Act. 6
(2) A person is eligible for appointment as an inspector only if the person is: 7
(a) a member of the Government Service, or 8
(b) an officer or employee of a local council, or 9
(c) a person, or an officer or employee of a person, to whom the 10
functions of the plumbing regulator have been delegated under 11
this Act, or 12
(d) an investigator under the Fair Trading Act 1987. 13
(3) An inspector is an authorised person for the purposes of this Act. 14
23 Appointment of enforcement officers 15
(1) The plumbing regulator may appoint persons as enforcement officers 16
for the purposes of this Act. 17
(2) A person is eligible for appointment as an enforcement officer only if 18
the person is: 19
(a) a member of the Government Service, or 20
(b) an officer or employee of a local council, or 21
(c) an investigator under the Fair Trading Act 1987. 22
(3) An enforcement officer is an authorised person for the purposes of this 23
Act. 24
24 Identification card 25
(1) The plumbing regulator is to issue each authorised person with an 26
identification card as an authorised person. 27
(2) An identification card must: 28
(a) state that it is issued under this Act, and 29
(b) state the name of the person to whom it is issued, and 30
(c) include a photograph of the person to whom it is issued, and 31
(d) indicate whether the authorised person is an inspector or an 32
enforcement officer, and 33
Page 14
Plumbing and Drainage Bill 2011 Clause 25
Inspection and enforcement powers Part 4
(e) state the date (if any) on which it expires, and 1
(f) describe the powers conferred on the authorised person, and 2
(g) describe the kind of premises to which the power extends, and 3
(h) bear the signature of the plumbing regulator or the delegate of the 4
plumbing regulator. 5
(3) A power conferred by this Part to enter premises, or to make an 6
inspection or take other action on premises, may not be exercised unless 7
the person proposing to exercise the power: 8
(a) is in possession of the identification card issued to the authorised 9
person, and 10
(b) produces the identification card if required to do so by the owner 11
or occupier of the premises. 12
25 Purposes for which powers can be exercised 13
A power conferred on an authorised person by this Part may be 14
exercised for the following purposes only: 15
(a) for determining whether there has been compliance with or a 16
contravention of this Act or the regulations, 17
(b) to enable or assist the plumbing regulator to exercise any of its 18
functions under this Act, 19
(c) generally for administering this Act. 20
Division 2 Powers of inspectors 21
26 Power of entry 22
An inspector may enter any premises at any time, but only with the 23
consent of the occupier of the premises. 24
27 Inspection powers 25
An inspector who enters premises under this Division may with the 26
consent of the occupier: 27
(a) inspect the premises and any article, matter or thing on the 28
premises related to plumbing and drainage work, and 29
(b) for the purpose of an inspection, open any ground, remove any 30
flooring and take such measures as may be necessary to ascertain 31
the character and condition of the premises and of any pipe, 32
sewer, drain or fitting, and 33
(c) take measurements, make surveys and take levels and, for those 34
purposes, dig trenches, break up the soil and set up any posts, 35
stakes or marks, and 36
Page 15
Clause 28 Plumbing and Drainage Bill 2011
Part 4 Inspection and enforcement powers
(d) take samples or photographs in connection with any inspection, 1
and 2
(e) take into or onto the premises any persons, equipment and 3
materials the inspector reasonably requires for exercising a 4
function under this Part. 5
28 Obstruction of inspector 6
(1) A person must not, without reasonable excuse, hinder or obstruct an 7
inspector in the exercise of a function under this Division. 8
Maximum penalty: 100 penalty units in the case of an individual or 9
200 penalty units in the case of a corporation. 10
(2) A person is not guilty of an offence under this section unless it is 11
established that, if requested to do so at the material time, the inspector 12
produced for inspection the identification card issued to the inspector 13
under this Part. 14
Division 3 Powers of enforcement officers 15
29 Power of entry 16
(1) An enforcement officer may enter any premises: 17
(a) at a reasonable hour in the daytime, or 18
(b) at an hour during which business is in progress or is usually 19
carried on at the premises. 20
(2) This section does not limit the power of an enforcement officer to enter 21
premises under the authority conferred by a search warrant or with the 22
consent of the occupier. 23
30 Entry of residence 24
An enforcement officer cannot enter any part of any premises being 25
used for residential purposes except: 26
(a) with the consent of the occupier of that part of the premises, or 27
(b) under the authority conferred by a search warrant. 28
31 Notice of entry 29
(1) Before an enforcement officer enters premises under this Division, the 30
plumbing regulator must give the owner or occupier of the premises 31
written notice of the intention to enter the premises. 32
(2) The notice must specify the day on which the enforcement officer 33
intends to enter the premises and must be given before that day. 34
Page 16
Plumbing and Drainage Bill 2011 Clause 32
Inspection and enforcement powers Part 4
(3) This section does not require notice to be given: 1
(a) in the case of premises that are not being used for residential 2
purposes--if entry to the premises is made with the consent of the 3
owner or occupier of the premises, or 4
(b) if entry to the premises is made for the purposes of carrying out 5
an inspection of plumbing and drainage work under Division 3 of 6
Part 2 and the plumbing regulator has advised the responsible 7
person for the work that it will be carrying out the inspection, or 8
(c) if entry is required urgently and the case is one in which the 9
plumbing regulator has authorised in writing (either generally or 10
in a particular case) entry without notice, or 11
(d) if entry is made under the authority conferred by a search 12
warrant. 13
(4) To avoid doubt, this section does not confer power to enter premises 14
being used for residential purposes otherwise than with the consent of 15
the occupier or under the authority conferred by a search warrant. 16
32 Use of force 17
(1) Reasonable force may be used for the purpose of gaining entry to 18
premises (other than residential premises) under a power conferred by 19
this Part, but only if authorised by the plumbing regulator in accordance 20
with this section. 21
(2) The authority of the plumbing regulator: 22
(a) must be in writing, and 23
(b) must be given in respect of the particular entry concerned, and 24
(c) must specify the circumstances which are required to exist before 25
force may be used. 26
(3) This section does not apply to premises entered under the authority 27
conferred by a search warrant. 28
33 Notification of use of force or urgent entry 29
(1) An enforcement officer must promptly advise the plumbing regulator if 30
the enforcement officer: 31
(a) uses force for the purpose of gaining entry to the premises, or 32
(b) enters the premises in an emergency without giving written 33
notice to the owner or occupier. 34
(2) The plumbing regulator must give notice of the entry to such persons or 35
authorities as appear to the regulator to be appropriate in the 36
circumstances. 37
Page 17
Clause 34 Plumbing and Drainage Bill 2011
Part 4 Inspection and enforcement powers
34 Inspections and investigations 1
An enforcement officer who enters premises under this Division may: 2
(a) inspect the premises and any article, matter or thing on the 3
premises related to plumbing and drainage work, and 4
(b) for the purpose of an inspection: 5
(i) open any ground, remove any flooring and take such 6
measures as may be necessary to ascertain the character 7
and condition of the premises and of any pipe, sewer, drain 8
or fitting, and 9
(ii) require the opening, cutting into or pulling down of any 10
work if the enforcement officer has reason to believe or 11
suspect that anything on the premises has been done in 12
contravention of this Act or the regulations, and 13
(c) take measurements, make surveys and take levels and, for those 14
purposes, dig trenches, break up the soil and set up any posts, 15
stakes or marks, and 16
(d) take samples or photographs in connection with any inspection, 17
and 18
(e) take into or onto the premises any persons, equipment and 19
materials the enforcement officer reasonably requires for 20
exercising a function under this Division, and 21
(f) require any person at the premises to give the enforcement officer 22
reasonable help to exercise the enforcement officer's functions 23
under paragraphs (a)-(e), and 24
(g) require any person at the premises to answer questions or 25
otherwise furnish information in relation to the matter that is the 26
subject of the inspection or investigation. 27
35 Search warrants 28
(1) An enforcement officer may apply to an authorised warrants officer for 29
a search warrant if the enforcement officer has reasonable grounds for 30
believing that the provisions of this Act or the regulations have been or 31
are being contravened in or on any premises. 32
(2) An authorised warrants officer to whom such an application is made 33
may, if satisfied that there are reasonable grounds for doing so, issue a 34
search warrant authorising an enforcement officer named in the 35
warrant: 36
(a) to enter the premises, and 37
(b) to search the premises for evidence of a contravention of this Act 38
or the regulations. 39
Page 18
Plumbing and Drainage Bill 2011 Clause 36
Inspection and enforcement powers Part 4
(3) Division 4 of Part 5 of the Law Enforcement (Powers and 1
Responsibilities) Act 2002 applies to a search warrant issued under this 2
section. 3
(4) Without limiting the generality of section 71 of the Law Enforcement 4
(Powers and Responsibilities) Act 2002, a police officer: 5
(a) may accompany an enforcement officer executing a search 6
warrant issued under this section, and 7
(b) may take all reasonable steps to assist the enforcement officer in 8
the exercise of the officer's functions under this section. 9
(5) In this section: 10
authorised warrants officer means an authorised officer within the 11
meaning of the Law Enforcement (Powers and Responsibilities) 12
Act 2002. 13
36 Obstruction of enforcement officer 14
(1) A person must not, without reasonable excuse: 15
(a) hinder or obstruct an enforcement officer in the exercise of a 16
function under this Division, or 17
(b) fail to comply with any requirement made by an enforcement 18
officer under this Division. 19
Maximum penalty: 100 penalty units in the case of an individual or 20
200 penalty units in the case of a corporation. 21
(2) A person is not guilty of an offence under this section unless it is 22
established that, if requested to do so at the material time, the 23
enforcement officer produced for inspection the enforcement officer's 24
identification card issued under this Part. 25
(3) A person is not guilty of an offence of failing to comply with a 26
requirement made by an enforcement officer under this Division unless 27
the person was warned on that occasion that a failure to comply with the 28
requirement may constitute an offence. 29
Division 4 General 30
Note. Both inspectors and enforcement officers are authorised persons for the purposes of 31
this Act. 32
37 Care to be taken 33
(1) In the exercise of a function under this Part, an authorised person must 34
do as little damage as possible. 35
Page 19
Clause 38 Plumbing and Drainage Bill 2011
Part 4 Inspection and enforcement powers
(2) The plumbing regulator must provide, if necessary, other means of 1
access in place of any access taken away or interrupted by an authorised 2
person. 3
(3) As far as practicable, entry on to fenced land is to be made through an 4
existing opening in the enclosing fence. 5
(4) If entry through an existing opening is not practicable, a new opening 6
may be made in the enclosing fence, but the plumbing regulator is to 7
fully restore the fence when the need for entry ceases. 8
(5) If, in the exercise of a function under this Part, any pit, trench, hole or 9
bore is made, the plumbing regulator must: 10
(a) fence it and keep it securely fenced so long as it remains open or 11
not sufficiently sloped down, and 12
(b) without unnecessary delay, fill it up or level it or sufficiently 13
slope it down. 14
(6) For the purposes of complying with the plumbing regulator's duty under 15
subsection (4) or (5), the plumbing regulator may, by written notice 16
given to the responsible person for the plumbing and drainage work that 17
is the subject of the inspection, require the responsible person to carry 18
out the work referred to in that subsection. 19
(7) The responsible person must not, without reasonable excuse, fail to 20
comply with the written notice. 21
Maximum penalty: 100 penalty units. 22
38 Recovery of costs of entry and inspection 23
If an authorised person enters premises under this Part for the purpose 24
of making an inspection and as a result of that inspection, under a power 25
conferred on the plumbing regulator, the regulator requires any work to 26
be carried out on or in the premises, the plumbing regulator may recover 27
the reasonable costs of the entry and inspection from: 28
(a) the owner or occupier of the premises, or 29
(b) the responsible person for the plumbing and drainage work that 30
is the subject of the inspection. 31
Page 20
Plumbing and Drainage Bill 2011 Clause 39
Criminal and other proceedings Part 5
Part 5 Criminal and other proceedings 1
39 Appeals to Land and Environment Court against certain directions of 2
plumbing regulator 3
A person may appeal to the Land and Environment Court against a 4
direction given to the person by the plumbing regulator under 5
section 14. 6
40 Injunctions 7
(1) If, on the application of the Minister, the plumbing regulator or any 8
other person, the Land and Environment Court is satisfied that a person 9
has engaged, or is proposing to engage, in plumbing and drainage work 10
that constitutes or would constitute a serious risk to public health or 11
safety or a serious risk to the public, the Court may grant an injunction 12
in the terms the Court considers appropriate. 13
(2) If an application for an injunction under subsection (1) has been made, 14
the Land and Environment Court may, if the Court considers it 15
appropriate, grant an injunction by consent of all the parties to the 16
proceedings, whether or not the Court is satisfied a person has engaged, 17
or is proposing to engage, in conduct of a kind specified in 18
subsection (1). 19
(3) If in the opinion of the Land and Environment Court it is desirable to do 20
so, the Court may grant an injunction pending determination of an 21
application under subsection (1). 22
(4) The Land and Environment Court may rescind or vary an injunction 23
granted under subsection (1), (2) or (3). 24
(5) The power of the Land and Environment Court to grant an injunction 25
restraining a person from engaging in conduct may be exercised: 26
(a) whether or not it appears to the Court that the person intends to 27
engage again, or to continue to engage, in conduct of that kind, 28
and 29
(b) whether or not the person has previously engaged in conduct of 30
that kind, and 31
(c) whether or not there is an imminent danger of substantial damage 32
to any person if the first-mentioned person engages in conduct of 33
that kind. 34
(6) The power of the Land and Environment Court to grant an injunction 35
requiring a person to do an act or thing may be exercised: 36
(a) whether or not it appears to the Court that the person intends to 37
refuse or fail again, or to continue to refuse or fail, to do that act 38
or thing, and 39
Page 21
Clause 41 Plumbing and Drainage Bill 2011
Part 5 Criminal and other proceedings
(b) whether or not the person has previously refused or failed to do 1
that act or thing, and 2
(c) whether or not there is an imminent danger of substantial damage 3
to any person if the first-mentioned person refuses or fails to do 4
that act or thing. 5
(7) If the Minister or the plumbing regulator makes an application to the 6
Land and Environment Court for the grant of an injunction under this 7
section, the Court must not require the applicant or any other person, as 8
a condition of granting an interim injunction, to give any undertaking as 9
to damages or costs. 10
(8) If: 11
(a) in a case to which subsection (7) does not apply, the Land and 12
Environment Court would, but for this subsection, require a 13
person to give an undertaking as to damages or costs, and 14
(b) the Minister gives the undertaking, 15
the Court must accept the undertaking by the Minister and must not 16
require a further undertaking from any other person. 17
41 Penalty notices 18
(1) An enforcement officer may serve a penalty notice on another person if 19
it appears to the enforcement officer that the other person has 20
committed an offence against this Act or the regulations, being an 21
offence prescribed by the regulations as a penalty notice offence. 22
(2) A penalty notice is a notice to the effect that, if the person served does 23
not wish to have the matter determined by a court, the person can pay, 24
within the time and to the person specified in the notice, the amount of 25
the penalty prescribed by the regulations for the offence if dealt with 26
under this section. 27
(3) A penalty notice under this section is declared to be a penalty notice for 28
the purposes of the Fines Act 1996. 29
(4) A penalty notice may be served personally or by post. 30
(5) If the amount of penalty prescribed for an alleged offence is paid under 31
this section, no person is liable to any further proceedings for the 32
alleged offence. 33
(6) Payment under this section is not to be regarded as an admission of 34
liability for the purpose of, and does not in any way affect or prejudice, 35
any civil claim, action or proceeding arising out of the same occurrence. 36
Page 22
Plumbing and Drainage Bill 2011 Clause 42
Criminal and other proceedings Part 5
(7) The regulations may: 1
(a) prescribe an offence for the purposes of this section by specifying 2
the offence or by referring to the provision creating the offence, 3
and 4
(b) prescribe the amount of penalty payable for the offence if dealt 5
with under this section, and 6
(c) prescribe different amounts of penalties for different offences or 7
classes of offences. 8
(8) The amount of a penalty prescribed under this section for an offence is 9
not to exceed the maximum amount of penalty that could be imposed for 10
the offence by a court. 11
(9) This section does not limit the operation of any other provision of, or 12
made under, this or any other Act relating to proceedings that may be 13
taken in respect of offences. 14
42 Proceedings for offences 15
(1) Proceedings for an offence against this Act are to be dealt with: 16
(a) summarily before the Local Court, or 17
(b) summarily before the Land and Environment Court in its 18
summary jurisdiction. 19
(2) Proceedings for an offence against the regulations are to be dealt with 20
summarily before the Local Court. 21
(3) Proceedings for an offence against this Act or the regulations must be 22
commenced within 3 years after the commission of the offence. 23
43 Effect of criminal proceedings on civil proceedings 24
(1) Prosecution or conviction of a person for an act or omission that is an 25
offence against this Act does not affect any right of the plumbing 26
regulator to take civil proceedings or any other action to recover from 27
the person: 28
(a) an amount in respect of loss or damage caused by the act or 29
omission, or 30
(b) the expenses incurred by the plumbing regulator in remedying the 31
loss or damage. 32
(2) Payment of a penalty for an offence against this Act does not affect any 33
right of the plumbing regulator to institute any other action or 34
proceeding. 35
Page 23
Clause 44 Plumbing and Drainage Bill 2011
Part 6 Miscellaneous
Part 6 Miscellaneous 1
44 Aiding and abetting 2
A person who: 3
(a) aids, abets, counsels or procures a person to commit, or 4
(b) induces or attempts to induce a person, whether by threats or 5
promises or otherwise, to commit, or 6
(c) is in any way, directly or indirectly, knowingly concerned in, or 7
party to, the commission by a person of, or 8
(d) conspires with another to commit, 9
an offence against this Act or the regulations is guilty of the same 10
offence and liable to be punished accordingly. 11
45 Offence to provide false or misleading documents 12
A person must not, in a document the person is required to provide by 13
this Act, include information the person knows, or could reasonably be 14
expected to have known, to be false or misleading in a material 15
particular. 16
Maximum penalty: 100 penalty units in the case of an individual or 17
200 penalty units in the case of a corporation. 18
46 Disclosure of information 19
A person must not disclose information obtained in connection with the 20
administration or execution of this Act unless the disclosure is made: 21
(a) with the consent of the person from whom the information was 22
obtained, or 23
(b) in connection with the administration or execution of this Act, or 24
(c) for the purposes of any legal proceedings arising out of this Act 25
or of any report of any such proceedings, or 26
(d) in accordance with a requirement imposed under the Ombudsman 27
Act 1974, or 28
(e) with other lawful excuse. 29
Maximum penalty: 20 penalty units. 30
47 Certain information may be provided to and by plumbing regulator 31
(1) The plumbing regulator is authorised to provide information obtained in 32
connection with the administration of this Act: 33
(a) to a local council if the local council considers the provision of 34
the information is necessary to enable the local council to 35
exercise its functions (whether under this Act or otherwise), or 36
Page 24
Plumbing and Drainage Bill 2011 Clause 48
Miscellaneous Part 6
(b) to a network utility operator if the network utility operator 1
considers the provision of the information is necessary to enable 2
the operator to exercise its functions, or 3
(c) to the Ministry of Health if the Ministry considers the provision 4
of the information is necessary to prevent, or otherwise relates to, 5
a risk to public health. 6
(2) A local council or network utility operator is authorised to provide 7
information to the plumbing regulator if the plumbing regulator 8
considers the provision of the information is necessary to enable the 9
plumbing regulator to exercise the plumbing regulator's functions 10
under this Act. 11
(3) Information may be provided in accordance with this section despite 12
any prohibition in, or the need to comply with any requirement of, any 13
Act or law, including the Privacy and Personal Information Protection 14
Act 1998. 15
48 Exclusion of liability 16
(1) A protected person is not personally liable for anything done or omitted 17
to be done in good faith: 18
(a) in the exercise of a function under this Act, or 19
(b) in the reasonable belief that the act or omission was in the 20
exercise of a function under this Act. 21
(2) In this section: 22
protected person means any of the following: 23
(a) the plumbing regulator, 24
(b) an authorised person, 25
(c) a person (other than a local council) to whom the plumbing 26
regulator has delegated functions under this Act. 27
49 Continuing effect of directions 28
(1) A direction given under this Act or the regulations that specifies a time 29
by which, or period within which, the direction must be complied with 30
continues to have effect until the direction is complied with even if the 31
time has passed or the period has expired. 32
(2) A direction that does not specify a time by which, or period within 33
which, the direction must be complied with continues to have effect 34
until the direction is complied with. 35
(3) This section does not apply to the extent that any requirement under a 36
direction is revoked. 37
Page 25
Clause 50 Plumbing and Drainage Bill 2011
Part 6 Miscellaneous
(4) The fact that a direction is taken to continue to have effect under this 1
section does not operate to excuse a person for a failure to comply with 2
the direction within the time or period specified in the direction. 3
50 Evidentiary certificates 4
A certificate purporting to be signed by the plumbing regulator and 5
certifying any of the following is prima facie evidence of the matters 6
certified: 7
(a) that a stated document is an appointment made under this Act, 8
(b) that a stated document is a notice, direction or requirement given 9
under this Act, 10
(c) that a stated document is a copy of a document referred to in 11
paragraph (a) or (b), 12
(d) that on a stated day, or during a stated period, an appointment as 13
an authorised person was or was not in force for a stated period. 14
51 Service of notices and directions 15
(1) A notice or direction in writing that is required or permitted to be given 16
under this Act may be given: 17
(a) to a person other than a corporation: 18
(i) by giving it to the person personally, or 19
(ii) by leaving it at the person's place of residence with 20
someone who apparently resides there and has apparently 21
reached the age of 16 years, or 22
(iii) by leaving it at the person's place of employment or 23
business with someone who is apparently employed there 24
and has apparently reached the age of 16 years, or 25
(iv) by posting it in a letter addressed to the person at the 26
address last known to the plumbing regulator of the 27
person's place of residence, employment or business, or 28
(b) to a corporation: 29
(i) by giving it to the secretary of the corporation, or any other 30
person concerned in the management of the corporation, 31
personally, or 32
(ii) by leaving it at the corporation's only or principal place of 33
business with someone who is apparently employed there 34
and has apparently reached the age of 16 years, or 35
(iii) by posting it in a letter addressed to the corporation at the 36
address last known to the plumbing regulator of its only or 37
principal place of business. 38
Page 26
Plumbing and Drainage Bill 2011 Clause 52
Miscellaneous Part 6
(2) Nothing in this section affects the operation of any provision of a law or 1
of the rules of a court authorising a document to be served on a person 2
in any other manner. 3
52 Regulations 4
(1) The Governor may make regulations, not inconsistent with this Act, for 5
or with respect to any matter that by this Act is required or permitted to 6
be prescribed or that is necessary or convenient to be prescribed for 7
carrying out or giving effect to this Act. 8
(2) Without limiting subsection (1), the regulations may make provision for 9
or with respect to: 10
(a) the fees payable under this Act, and 11
(b) the requirements for carrying out plumbing and drainage work. 12
(3) For the purposes of subsection (2) (a), if functions of the plumbing 13
regulator have been delegated to local councils the regulations may 14
provide: 15
(a) that the councils may set fees for exercising the functions, and 16
(b) for the methodology or factors to be used by the councils in 17
setting the fees, including maximum fees that may be charged for 18
exercising the functions. 19
(4) The regulations may create offences punishable by a penalty not 20
exceeding 20 penalty units. 21
53 Review of Act 22
(1) The Minister is to review this Act to determine whether the policy 23
objectives of the Act remain valid and whether the terms of the Act 24
remain appropriate for securing those objectives. 25
(2) The review is to be undertaken as soon as possible after the period of 26
2 years from the date of assent to this Act. 27
(3) A report on the outcome of the review is to be tabled in each House of 28
Parliament within 12 months after the end of the period of 2 years. 29
Page 27
Plumbing and Drainage Bill 2011
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Staged commencement 21
(1) The regulations may prescribe a date as the start date for a provision of 22
this Act, or of the regulations, in a relevant utility area. 23
(2) Different start dates may be prescribed for different utility areas and for 24
different provisions. 25
(3) A provision of this Act, or the regulations, does not apply to plumbing 26
and drainage work carried out in a relevant utility area until the date 27
prescribed by the regulations as the start date for that provision in that 28
area. 29
(4) Subclauses (1)-(3) do not apply in respect of any of the following 30
provisions which, accordingly, apply to plumbing and drainage work 31
carried out in a relevant utility area on the date of commencement of the 32
provision concerned: 33
(a) Division 1 of Part 2, 34
(b) Part 6, 35
Page 28
Plumbing and Drainage Bill 2011
Savings, transitional and other provisions Schedule 1
(c) this Schedule, 1
(d) a provision of this Act, or the regulations, to the extent that it 2
relates to a provision referred to in paragraphs (a)-(c) (in 3
particular, Part 1 and sections 18 and 20). 4
(5) A reference elsewhere in this Part to the commencement of a provision 5
of this Act, in relation to plumbing and drainage work carried out in a 6
relevant utility area, is to be read as a reference to the beginning of the 7
day on which the provision first applies to plumbing and drainage work 8
in that relevant utility area. 9
(6) The regulations under Part 1 may make further provision with respect 10
to the operation of this Act, the regulations or any amendments made by 11
this Act in a relevant utility area. 12
(7) In this clause: 13
relevant utility area means any area other than the following: 14
(a) an area that, immediately before the commencement of this 15
clause, was within the area of operations of the Sydney Water 16
Corporation, 17
(b) an area that, immediately before the commencement of this 18
clause, was within the area of operations of a licensed network 19
operator under the Water Industry Competition Act 2006. 20
3 Requirements with respect to plumbing and drainage work in other laws 21
(1) On and from the commencement of section 7, a requirement made by or 22
under a relevant law that plumbing and drainage work comply with a 23
specified standard is to be read, in relation to plumbing and drainage 24
work to which this Act applies, as a requirement that the plumbing and 25
drainage work be code compliant. 26
(2) On and from the commencement of section 8, a requirement made by or 27
under a relevant law that fittings approved by a network utility operator 28
be used in plumbing and drainage work is to be read, in relation to 29
plumbing and drainage work to which this Act applies, as a requirement 30
that authorised fittings be used in the work. 31
(3) In this clause: 32
relevant law means an Act or statutory instrument declared by the 33
regulations under the Home Building Act 1989 to be an Act or statutory 34
instrument that regulates plumbing work. 35
4 Act applies to all work carried out after commencement 36
A provision of this Act applies to plumbing and drainage work carried 37
out after the commencement of the provision concerned, even if it was 38
started before that commencement. 39
Page 29
Plumbing and Drainage Bill 2011
Schedule 1 Savings, transitional and other provisions
5 Work started before commencement 1
(1) Plumbing and drainage work carried out before the commencement of 2
section 7 that, at the time that it was carried out, complied with the 3
Plumbing and Drainage Code of Practice as in force at that time is taken, 4
on that commencement, to be code compliant. 5
(2) A fitting used in plumbing and drainage work carried out before the 6
commencement of section 8 that, at the time that it was carried out, was 7
a fitting that could lawfully be used in the work concerned is taken, on 8
that commencement, to be an authorised fitting in relation to that 9
particular work. 10
(3) In this clause: 11
Plumbing and Drainage Code of Practice means the code of practice 12
published by the Committee on Uniformity of Plumbing and Drainage 13
in New South Wales under the title New South Wales Code of 14
Practice--Plumbing and Drainage. 15
6 Work for which permit has been issued 16
Plumbing and drainage work carried out after the commencement of 17
section 9 that is carried out by a person specifically authorised to carry 18
out the work by a permit issued under the Local Government Act 1993 19
or any other Act before the commencement of that section is taken to 20
have been pre-notified if: 21
(a) it was started before the commencement of section 9, or 22
(b) it is started within 3 months after the date the permit is issued. 23
Page 30
Plumbing and Drainage Bill 2011
Amendment of legislation Schedule 2
Schedule 2 Amendment of legislation 1
2.1 Home Building Act 1989 No 147 2
[1] Section 3 Definitions 3
Omit the definition of plumbing work from section 3 (1). Insert instead: 4
plumbing work means: 5
(a) on-site plumbing and drainage work, being plumbing and 6
drainage work within the meaning of the Plumbing and 7
Drainage Act 2011, or 8
(b) any plumbing work or drainage work that, because of a 9
relevant law, can be done lawfully only: 10
(i) by the holder of an endorsed contractor licence or of 11
a supervisor or tradesperson certificate, and 12
(ii) if a relevant law so provides, by some other 13
specified person. 14
[2] Section 51 Improper conduct: generally 15
Insert at the end of section 51 (1) (e): 16
, or 17
(f) commits an offence under the Plumbing and Drainage Act 18
2011 or the regulations under that Act, whether or not the 19
holder has been convicted of the offence. 20
[3] Section 135 Proceedings for certain offences under other Acts 21
Insert at the end of section 135 (h): 22
or 23
(i) the Plumbing and Drainage Act 2011, 24
[4] Schedule 4 Savings and transitional provisions 25
Insert at the end of clause 2 (1): 26
Plumbing and Drainage Act 2011 27
Page 31
Plumbing and Drainage Bill 2011
Schedule 2 Amendment of legislation
2.2 Home Building Regulation 2004 1
Schedule 5 Extended descriptions of work authorised by contractor 2
licences or certificates 3
Omit "as defined in the NSW Code of Practice--Plumbing and Drainage-- 4
1999, published by the Committee on Uniformity of Plumbing and Drainage 5
Regulation in New South Wales, including the connection of the system to a 6
water main" from Column 2 of the matter relating to Water plumbing--Urban 7
irrigation. 8
Insert instead ", including the construction, alteration, extension, 9
disconnection, removal, maintenance, repair, renewal or clearing of any pipes, 10
fittings or equipment of any irrigation system communicating or intending to 11
communicate directly or indirectly with any water main, and the connection of 12
the system to a water main". 13
2.3 Hunter Water Act 1991 No 53 14
[1] Section 30A 15
Insert after section 30: 16
30A Unauthorised connections, alterations or use of works 17
(1) A person must not do any of the following unless authorised to 18
do so by the Corporation: 19
(a) connect any pipe or fitting to a work owned by the 20
Corporation, 21
(b) alter or use a work owned by the Corporation. 22
Maximum penalty: 100 penalty units (or 200 penalty units in the 23
case of a corporation). 24
(2) The regulations may make further provision for the grant of 25
authorisation by the Corporation. 26
[2] Section 69 Work for water supply, sewerage or drainage 27
Omit section 69 (2)-(5). Insert instead: 28
(2) The regulations may make provision for or with respect to any 29
such work, including the standards for and supervision of any 30
such work. 31
(3) For that purpose, the regulations may apply, adopt or incorporate 32
the document entitled the Plumbing Code of Australia, produced 33
for all State governments by the Australian Building Codes 34
Board, as in force on a particular date or as in force from time to 35
time. 36
Page 32
Plumbing and Drainage Bill 2011
Amendment of legislation Schedule 2
(4) If any standard or other requirement with respect to such work is 1
inconsistent with any requirement imposed by the Plumbing and 2
Drainage Act 2011 or the regulations under that Act with respect 3
to the same work, that Act and any regulations under that Act 4
prevail to the extent of the inconsistency. 5
Note. The Plumbing and Drainage Act 2011 sets out the standards and 6
other requirements for work that is plumbing and drainage work within 7
the meaning of that Act. 8
2.4 Hunter Water Regulation 2010 9
[1] Part 3 Plumbing and drainage work 10
Insert before clause 15: 11
Note. The operation of this Part is affected by the Plumbing and 12
Drainage Act 2011. See, in particular, sections 7 and 8 of that Act and 13
Schedule 1 to that Act. 14
[2] Clause 15 Definitions 15
Omit the definition of Plumbing and Drainage Code of Practice. 16
[3] Clause 15 17
Insert in alphabetical order: 18
Plumbing Code of Australia means the document entitled the 19
Plumbing Code of Australia, produced for all State governments 20
by the Australian Building Codes Board, as in force from time to 21
time. 22
[4] Clauses 16 (1), 24 (1) (b) and 25 (2) 23
Omit "Plumbing and Drainage Code of Practice" wherever occurring. 24
Insert instead "Plumbing Code of Australia". 25
2.5 Land and Environment Court Act 1979 No 204 26
[1] Section 18 Class 2--local government and miscellaneous appeals and 27
applications 28
Insert after section 18 (g): 29
(h) appeals under section 39 of the Plumbing and Drainage 30
Act 2011. 31
Page 33
Plumbing and Drainage Bill 2011
Schedule 2 Amendment of legislation
[2] Section 20 Class 4--environmental planning and protection and 1
development contract civil enforcement 2
Insert after section 20 (1) (dh): 3
(di) proceedings under section 40 of the Plumbing and 4
Drainage Act 2011, 5
[3] Section 20 (3) (a) 6
Insert after "Plantations and Reafforestation Act 1999": 7
Plumbing and Drainage Act 2011, 8
2.6 Law Enforcement (Powers and Responsibilities) Act 2002 9
No 103 10
Schedule 2 Search warrants under other Acts 11
Insert in alphabetical order: 12
Plumbing and Drainage Act 2011, section 35 13
2.7 Local Government Act 1993 No 30 14
[1] Section 124 What orders may be given, in what circumstances and to 15
whom? 16
Insert "or, in the case of a water supply or sewerage system, the Plumbing and 17
Drainage Act 2011" after "Local Government Act 1919" wherever occurring 18
in item 5 of the Table to the section. 19
[2] Section 748 Regulations 20
Insert after section 748 (5): 21
(6) If any requirement with respect to water, sewerage or drainage 22
works imposed by the regulations is inconsistent with the 23
requirements of the Plumbing and Drainage Act 2011 or the 24
regulations under that Act with respect to the same work, that Act 25
and any regulations under that Act prevail to the extent of the 26
inconsistency. 27
[3] Schedule 8 Savings, transitional and other provisions consequent on 28
the enactment of other Acts 29
Insert at the end of clause 1 (1): 30
Plumbing and Drainage Act 2011 31
Page 34
Plumbing and Drainage Bill 2011
Amendment of legislation Schedule 2
2.8 Local Government (General) Regulation 2005 1
[1] Clause 3 Definitions 2
Omit the definition of Plumbing and Drainage Code of Practice from 3
clause 3 (1). 4
[2] Clause 3 (1) 5
Insert in alphabetical order: 6
Plumbing Code of Australia means the document entitled the 7
Plumbing Code of Australia, produced for all State governments 8
by the Australian Building Codes Board, as in force from time to 9
time. 10
[3] Clause 16 Approvals for stormwater drainage work to be subject to a 11
condition requiring compliance with standards and requirements 12
Omit "water supply, sewerage or". 13
[4] Clause 16A 14
Insert after clause 16: 15
16A Approvals for water supply or sewerage work subject to 16
compliance with Plumbing and Drainage Act 2011, standards and 17
requirements 18
It is a condition of an approval allowing water supply or sewerage 19
work that the activity approved, and any building or work 20
associated or carried out in connection with the activity, complies 21
with: 22
(a) any applicable requirements of the Plumbing and 23
Drainage Act 2011 or the regulations made under that Act, 24
and 25
(b) any applicable standards or requirements set out or 26
referred to in this Regulation or any other regulation under 27
the Act or the Environmental Planning and Assessment Act 28
1979. 29
[5] Clauses 20, 21 (b), 75A (2) (a) and 153 30
Omit "Plumbing and Drainage Code of Practice" wherever occurring. 31
Insert instead "Plumbing Code of Australia". 32
Page 35
Plumbing and Drainage Bill 2011
Schedule 2 Amendment of legislation
[6] Clause 151 1
Omit the clause. Insert instead: 2
151 Water supply, sewerage and stormwater drainage work to comply 3
with applicable standards and requirements 4
(1) Water supply work and sewerage work that is plumbing and 5
drainage work within the meaning of the Plumbing and Drainage 6
Act 2011 must comply with any requirements of that Act or the 7
regulations made under that Act. 8
(2) Any other water supply work or sewerage work, and any 9
stormwater drainage work, must comply with any applicable 10
standards or requirements set out or referred to in the Act or this 11
Regulation. 12
[7] Schedule 1 Standards relating to approvals 13
Omit clause 15. Insert instead: 14
15 Compliance with Acts and Codes 15
(1) Water supply work or sewerage work that is plumbing and 16
drainage work within the meaning of the Plumbing and Drainage 17
Act 2011 must comply with that Act and the regulations under 18
that Act. 19
(2) Any water supply work or sewerage work that is not plumbing 20
and drainage work under that Act, and any stormwater drainage 21
work, must comply with the Plumbing Code of Australia. 22
[8] Schedule 1, clause 16 (5) 23
Omit the subclause. 24
[9] Schedule 1, clause 20 25
Omit the clause. 26
[10] Schedule 1, clause 21 27
Insert after clause 21 (2): 28
(3) This clause does not apply to water supply work or sewerage 29
work that is plumbing and drainage work within the meaning of 30
the Plumbing and Drainage Act 2011. 31
Page 36
Plumbing and Drainage Bill 2011
Amendment of legislation Schedule 2
2.9 Local Government (Manufactured Home Estates, Caravan 1
Parks, Camping Grounds and Moveable Dwellings) 2
Regulation 2005 3
[1] Clause 4 Definitions 4
Omit the definition of Plumbing and Drainage Code of Practice from 5
clause 4 (1). 6
[2] Clause 4 (1) 7
Insert in alphabetical order: 8
Plumbing Code of Australia means the document entitled the 9
Plumbing Code of Australia, produced for all State governments 10
by the Australian Building Codes Board, as in force from time to 11
time. 12
[3] Clauses 27 (3) (a), 28 (3) (a), 101 (5) (a) and 102 (5) (a) 13
Omit "Plumbing and Drainage Code of Practice" wherever occurring. 14
Insert instead "Plumbing and Drainage Act 2011 and any regulations under 15
that Act". 16
[4] Clause 29 Drainage 17
Omit "Plumbing and Drainage Code of Practice" from clause 29 (3) (a). 18
Insert instead "Plumbing Code of Australia". 19
[5] Clause 62 20
Omit the clause. Insert instead: 21
62 Plumbing and drainage 22
(1) All pipes and fittings in a manufactured home that relate to water 23
supply or sewerage must be installed in accordance with: 24
(a) the Plumbing and Drainage Act 2011 and any regulations 25
under that Act, and 26
(b) the requirements of any relevant statutory body. 27
(2) All pipes and fittings in a manufactured home that relate to 28
stormwater drainage must be installed in accordance with: 29
(a) the Plumbing Code of Australia, and 30
(b) the requirements of any relevant statutory body. 31
Page 37
Plumbing and Drainage Bill 2011
Schedule 2 Amendment of legislation
[6] Clause 154 1
Omit the clause. Insert instead: 2
154 Plumbing and drainage 3
(1) All pipes and fittings in a relocatable home that relate to water 4
supply or sewerage must be installed in accordance with: 5
(a) the Plumbing and Drainage Act 2011 and any regulations 6
under that Act, and 7
(b) the requirements of any relevant statutory body. 8
(2) All pipes and fittings in a relocatable home that relate to 9
stormwater drainage must be installed in accordance with: 10
(a) the Plumbing Code of Australia, and 11
(b) the requirements of any relevant statutory body. 12
2.10 Residential Parks Act 1998 No 142 13
Section 155 Regulations 14
Insert after section 155 (3): 15
(4) The regulations may apply, adopt or incorporate the document 16
entitled the Plumbing Code of Australia, produced for all State 17
governments by the Australian Building Codes Board, as in force 18
on a particular date or as in force from time to time. 19
2.11 Residential Parks Regulation 2006 20
Clause 15 21
Omit the clause. Insert instead: 22
15 Individual water metering standards: sections 36 and 39 23
(1) For the purposes of sections 36 (1) (b) and 39 (1) of the Act, 24
residential premises must be individually metered in accordance 25
with the Plumbing Code of Australia. 26
(2) In this clause: 27
Plumbing Code of Australia means the document entitled the 28
Plumbing Code of Australia, produced for all State governments 29
by the Australian Building Codes Board, as in force from time to 30
time. 31
Page 38
Plumbing and Drainage Bill 2011
Amendment of legislation Schedule 2
2.12 Sydney Water Act 1994 No 88 1
[1] Section 48A 2
Insert after section 48: 3
48A Unauthorised connections, alterations and use of works 4
(1) A person must not do any of the following unless authorised to 5
do so by the Corporation: 6
(a) connect any pipe or fitting to a work owned by the 7
Corporation, 8
(b) alter or use a work owned by the Corporation. 9
Maximum penalty: 100 penalty units (or 200 penalty units in the 10
case of a corporation). 11
(2) The regulations may make further provision for the grant of 12
authorisation by the Corporation. 13
[2] Section 99 Work for water supply, sewerage or stormwater drainage 14
Omit section 99 (2). Insert instead: 15
(2) The regulations may make provision for or with respect to any 16
such work, including the standards for and supervision of any 17
such work. 18
(2A) If any standard or other requirement with respect to such work is 19
inconsistent with any requirement imposed by the Plumbing and 20
Drainage Act 2011 or the regulations under that Act with respect 21
to the same work, that Act and any regulations under that Act 22
prevail to the extent of the inconsistency. 23
Note. The Plumbing and Drainage Act 2011 sets out the standards and 24
other requirements for work that is plumbing and drainage work within 25
the meaning of that Act. 26
[3] Section 106 Regulations 27
Omit section 106 (5) (b). Insert instead: 28
(b) the Plumbing Code of Australia produced for all State 29
governments by the Australian Building Codes Board. 30
Page 39
Plumbing and Drainage Bill 2011
Schedule 2 Amendment of legislation
2.13 Sydney Water Regulation 2011 1
[1] Clause 6A 2
Insert in Part 3, before clause 7: 3
6A Application of Part after commencement of Plumbing and 4
Drainage Act 2011 5
(1) This Part applies to plumbing or drainage work that affects the 6
Corporation, but not to the following work: 7
(a) plumbing and drainage work within the meaning of the 8
Plumbing and Drainage Act 2011, or 9
(b) work that is exempt owner/occupier work under section 10
4 (5) (e) of the Plumbing and Drainage Act 2011. 11
(2) In this clause, plumbing or drainage work that affects the 12
Corporation means work comprising or affecting: 13
(a) a water supply service pipe or its connection to a water 14
main of the Corporation, or 15
(b) a recycled (or reclaimed) water pipe or its connection to a 16
water main of the Corporation, or 17
(c) the installation of a device to divert or treat greywater, or 18
(d) a sewerage service pipe or its connection to a sewer main 19
of the Corporation, or 20
(e) a stormwater drainage service drain or its connection to a 21
stormwater drain of the Corporation. 22
Note. The Plumbing and Drainage Act 2011 sets out the standards and 23
other requirements for plumbing and drainage work within the meaning 24
of that Act. 25
[2] Clause 7 Definitions 26
Omit the definitions of Plumbing and Drainage Code of Practice and exempt 27
plumbing or drainage work. 28
[3] Clause 7 29
Insert in alphabetical order: 30
Plumbing Code of Australia means the document entitled the 31
Plumbing Code of Australia, produced for all State governments 32
by the Australian Building Codes Board, as in force from time to 33
time. 34
Page 40
Plumbing and Drainage Bill 2011
Amendment of legislation Schedule 2
[4] Clause 7 1
Omit the definition of plumbing or drainage work. Insert instead: 2
plumbing or drainage work means plumbing or drainage work to 3
which this Part applies. 4
[5] Clauses 8 (1), 15 (1) (b) and 16 (2) 5
Omit "Plumbing and Drainage Code of Practice" wherever occurring. 6
Insert instead "Plumbing Code of Australia". 7
[6] Clause 8 (2) 8
Omit the subclause. 9
[7] Clause 10 Work must be authorised by permit 10
Omit clause 10 (3) (b). 11
[8] Clause 16 Must give certificate of compliance after work completed 12
Omit clause 16 (3). Insert instead: 13
(3) This clause does not apply to plumbing or drainage work done by 14
an employee of the Corporation. 15
[9] Clause 17 Corporation to be notified of damage to its works or other 16
property 17
Omit clause 17. 18
[10] Clause 18A 19
Insert after clause 18: 20
18A Corporation to be notified of damage to its works or other property 21
(1) A person who, in the course of doing plumbing and drainage 22
work, damages a work or other property of the Corporation must 23
immediately notify the Corporation of the damage. 24
Maximum penalty: 200 penalty units in the case of a corporation, 25
or 100 penalty units in any other case. 26
(2) In this clause: 27
plumbing and drainage work has the meaning given in the 28
Plumbing and Drainage Act 2011. 29
Page 41
Plumbing and Drainage Bill 2011
Schedule 2 Amendment of legislation
2.14 Water Industry Competition Act 2006 No 104 1
Section 73 Unlicensed plumbing and drainage work 2
Insert after section 73 (2): 3
(3) If any standard or other requirement with respect to such work is 4
inconsistent with any requirement imposed by the Plumbing and 5
Drainage Act 2011 or the regulations under that Act with respect 6
to the work, that Act and any regulations under that Act prevail 7
to the extent of the inconsistency. 8
Note. The Plumbing and Drainage Act 2011 sets out the standards and 9
other requirements for work that is plumbing and drainage work within 10
the meaning of that Act. 11
2.15 Water Industry Competition (General) Regulation 2008 12
[1] Clause 3 Definitions 13
Omit the definition of Plumbing and Drainage Code of Practice from 14
clause 3 (1). 15
[2] Schedule 1 Conditions for network operators' licences 16
Omit "the Plumbing and Drainage Code of Practice" from clause 8 (1). 17
Insert instead "the document entitled the Plumbing Code of Australia, 18
produced for all State governments by the Australian Building Codes Board, 19
as in force from time to time". 20
[3] Schedule 1, clause 11 21
Omit "complies with the Plumbing and Drainage Code of Practice". 22
Insert instead "is code compliant (within the meaning of the Plumbing and 23
Drainage Act 2011)". 24
[4] Schedule 1, clause 15 25
Omit the clause. 26
Page 42
Plumbing and Drainage Bill 2011
Amendment of legislation Schedule 2
2.16 Water Management Act 2000 No 92 1
[1] Section 109 Suspension and cancellation of approvals 2
Omit section 109 (1) (b). Insert instead: 3
(b) that the holder of the approval has been convicted of an 4
offence against: 5
(i) this Act or the regulations, or 6
(ii) the Plumbing and Drainage Act 2011 or the 7
regulations under that Act, 8
[2] Section 322 Regulations 9
Insert after section 322 (2): 10
(3) If any requirement with respect to plumbing work imposed by the 11
regulations is inconsistent with the requirements imposed by the 12
Plumbing and Drainage Act 2011 or the regulations under that 13
Act with respect to the same work, that Act and any regulations 14
under that Act prevail to the extent of the inconsistency. 15
2.17 Water Management (General) Regulation 2011 16
[1] Clause 107 Definitions 17
Omit the definition of Plumbing and Drainage Code of Practice. 18
[2] Clause 107 19
Insert in alphabetical order: 20
Plumbing Code of Australia means the document entitled the 21
Plumbing Code of Australia, produced for all State governments 22
by the Australian Building Codes Board, as in force from time to 23
time. 24
[3] Clauses 118 (1) (b), 120 (1) (a) and (b), 138 (1) (b), 151 (4), 152, 154 (2) and 25
156 (1) (b) 26
Omit "Plumbing and Drainage Code of Practice" wherever occurring. 27
Insert instead "Plumbing Code of Australia". 28
[4] Clause 118 Installation and maintenance of water service by owner 29
Insert at the end of the clause: 30
Note. On the commencement of section 7 of the Plumbing and Drainage 31
Act 2011, plumbing and drainage work to which that Act applies must be 32
code compliant under that Act. That Act requires the work to comply with 33
the Plumbing Code of Australia and any other standards or requirements 34
prescribed by the regulations under that Act. 35
Page 43
Plumbing and Drainage Bill 2011
Schedule 2 Amendment of legislation
[5] Clause 138 Installation and maintenance of sewerage service by owner 1
Insert at the end of the clause: 2
Note. On the commencement of section 7 of the Plumbing and Drainage 3
Act 2011, plumbing and drainage work to which that Act applies must be 4
code compliant under that Act.That Act requires the work to comply with 5
the Plumbing Code of Australia and any other standards or requirements 6
prescribed by the regulations under that Act. 7
[6] Clause 149 Application 8
Insert at the end of the clause: 9
Note. The operation of this Division is affected by the Plumbing and 10
Drainage Act 2011. See, in particular, sections 7 and 8 of that Act and 11
Schedule 1 to that Act. 12
[7] Clause 207 Cutting off or restricting supply 13
Insert ", or any requirements of the Plumbing and Drainage Act 2011 or the 14
regulations made under that Act," after "requirements" in clause 207 (b) (v). 15
Page 44
Plumbing and Drainage Bill 2011
Additional amendments to legislation Schedule 3
Schedule 3 Additional amendments to legislation 1
3.1 Hunter Water Regulation 2010 2
[1] Part 3, note 3
Omit the note at the beginning of the Part. 4
[2] Clause 14A 5
Insert in Part 3, before clause 15: 6
14A Application of Part after commencement of Plumbing and 7
Drainage Act 2011 8
(1) This Part applies to plumbing or drainage work that affects the 9
Corporation, but not to the following work: 10
(a) plumbing and drainage work within the meaning of the 11
Plumbing and Drainage Act 2011, or 12
(b) work that is exempt owner/occupier work under section 13
4 (5) (e) of the Plumbing and Drainage Act 2011. 14
(2) In this clause, plumbing or drainage work that affects the 15
Corporation means work comprising or affecting: 16
(a) a water supply service pipe or its connection to a water 17
main of the Corporation, or 18
(b) a sewerage service pipe or its connection to a sewer main 19
of the Corporation, or 20
(c) a stormwater drainage service drain or its connection to a 21
stormwater drain of the Corporation. 22
Note. The Plumbing and Drainage Act 2011 sets out standards and 23
other requirements for plumbing and drainage work within the meaning 24
of that Act. 25
[3] Clause 15 Definitions 26
Omit the definition of exempt plumbing or drainage work. 27
[4] Clause 15 28
Omit the definition of plumbing or drainage work. Insert instead: 29
plumbing or drainage work means plumbing or drainage work to 30
which this Part applies. 31
[5] Clause 16 Must comply with Plumbing Code of Australia 32
Omit clause 16 (2). 33
Page 45
Plumbing and Drainage Bill 2011
Schedule 3 Additional amendments to legislation
[6] Clause 19 Must be authorised by permit 1
Omit clause 19 (3) (b). 2
[7] Clause 25 Must give certificate of compliance after work completed 3
Omit clause 25 (3) (b). 4
3.2 Local Government Act 1993 No 30 5
[1] Section 124 What orders may be given, in what circumstances and to 6
whom? 7
Omit "or, in the case of a water supply or sewerage system, the Plumbing and 8
Drainage Act 2011" wherever occurring in item 5 of the Table to the section. 9
[2] Section 124, Table 10
Omit paragraph (h) of item 5. Insert after paragraph (f): 11
(g) a water meter on premises 12
(h) a water supply or sewerage system on premises, but only 13
in relation to any work that is not plumbing and drainage 14
work within the meaning of the Plumbing and Drainage 15
Act 2011 16
[3] Section 634 Water, sewerage and stormwater drainage offences 17
Insert after section 634 (4): 18
(5) Subsection (4) does not apply in respect of work that is plumbing 19
and drainage work within the meaning of the Plumbing and 20
Drainage Act 2011. 21
Note. The Plumbing and Drainage Act 2011 sets out standards and 22
other requirements for plumbing and drainage work within the meaning 23
of that Act. 24
3.3 Local Government (General) Regulation 2005 25
[1] Clause 20 Person carrying out water supply, sewerage or stormwater 26
drainage work to hold permit 27
Insert at the end of the clause: 28
(2) This clause does not apply in respect of any activity that is 29
plumbing and drainage work within the meaning of the Plumbing 30
and Drainage Act 2011. 31
Page 46
Plumbing and Drainage Bill 2011
Additional amendments to legislation Schedule 3
[2] Clause 22 Defective water supply, sewerage or stormwater drainage 1
work to be rectified 2
Insert after clause 22 (2): 3
(3) This clause does not apply in respect of any activity that is 4
plumbing and drainage work within the meaning of the Plumbing 5
and Drainage Act 2011. 6
[3] Clause 23 Diagrams of sewerage or stormwater drainage work 7
Insert after clause 23 (2): 8
(3) This clause does not apply in respect of any activity that is 9
plumbing and drainage work within the meaning of the Plumbing 10
and Drainage Act 2011. 11
[4] Clause 87 Water supply and sewerage system pipes, fittings and fixtures 12
Insert at the end of the clause: 13
(2) This clause applies only in relation to work that is not plumbing 14
and drainage work within the meaning of the Plumbing and 15
Drainage Act 2011. 16
[5] Clause 88 Rectification of defective water supply or sewerage work 17
Insert after clause 88 (4): 18
(5) This clause applies only in relation to work that is not plumbing 19
and drainage work within the meaning of the Plumbing and 20
Drainage Act 2011. 21
3.4 Water Management (General) Regulation 2011 22
[1] Clause 118 Installation and maintenance of water service by owner 23
Insert after clause 118 (2): 24
(3) This clause applies only in relation to work that is not plumbing 25
and drainage work within the meaning of the Plumbing and 26
Drainage Act 2011. 27
[2] Clause 138 Installation and maintenance of sewerage service by owner 28
Insert after clause 138 (2): 29
(3) This clause applies only in relation to work that is not plumbing 30
and drainage work within the meaning of the Plumbing and 31
Drainage Act 2011. 32
Page 47
Plumbing and Drainage Bill 2011
Schedule 3 Additional amendments to legislation
[3] Clause 139 Sewerage service not to be shared 1
Insert after clause 139 (4): 2
(5) This clause applies only in relation to work that is not plumbing 3
and drainage work within the meaning of the Plumbing and 4
Drainage Act 2011. 5
[4] Clause 149 6
Omit the clause. Insert instead: 7
149 Application of Division after commencement of Plumbing and 8
Drainage Act 2011 9
(1) This Division applies to any plumbing work that affects a water 10
supply authority and which is carried out in the area of operations 11
of Country Energy, but not to plumbing and drainage work within 12
the meaning of the Plumbing and Drainage Act 2011. 13
(2) In this clause, plumbing work that affects a water supply 14
authority means work comprising or affecting: 15
(a) a water service or its connection to a water supply 16
authority's water supply system, or 17
(b) a sewerage service or its connection to a water supply 18
authority's sewerage system. 19
Note. The Plumbing and Drainage Act 2011 sets out standards and 20
other requirements for plumbing and drainage work within the meaning 21
of that Act. 22
[5] Clause 150 Definitions 23
Omit the definition of plumbing work. Insert instead: 24
plumbing work means plumbing work to which this Division 25
applies. 26
[6] Clause 155 Notification of damage arising in the course of plumbing 27
work 28
Omit the clause. 29
[7] Clause 158 Supply of plans 30
Omit the clause. 31
Page 48
Plumbing and Drainage Bill 2011
Additional amendments to legislation Schedule 3
[8] Clause 225A 1
Insert before clause 226: 2
225A Notification of damage arising in the course of plumbing work 3
(1) A person who, in the course of carrying out plumbing work in the 4
area of operations of Country Energy, damages a work or other 5
property of a water supply authority must immediately notify the 6
authority of the damage. 7
Maximum penalty: 20 penalty units. 8
(2) In this clause: 9
plumbing work means work comprising or affecting: 10
(a) a water service or its connection to a water supply 11
authority's water supply system, or 12
(b) a sewerage service or its connection to a water supply 13
authority's sewerage system. 14
Page 49
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