South Australian Current Regulations

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SAFE DRINKING WATER REGULATIONS 2012 - REG 7

7—Application of Act

        (1)         For the purposes of section 4(1)(a) of the Act, the following are domestic premises of a prescribed class:

            (a)         a Class 1A, 4 or 10 building under the Building Code ;

            (b)         a sole-occupancy unit in a Class 2 building under the Building Code .

        (2)         For the purposes of section 4(1)(b) of the Act—

            (a)         a place of a prescribed kind means—

                  (i)         premises at which short term accommodation is offered or provided in the course of a business or for fee or reward (for example, a hotel, motel, holiday resort, guest house, hostel, boarding house, bed and breakfast, farmstay, houseboat, caravan park, camping ground or other premises at which accommodation is offered or provided under a holiday rental agreement); or

                  (ii)         premises that are used or capable of being used for an event or recreational or community activity of any kind, whether admission is open to the public, gained by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic (for example, a function, community, civic, conference, sporting or recreation and leisure centre); or

                  (iii)         premises used by a church; or

                  (iv)         a public building under the care, control or management of a Minister or other agency or instrumentality of the Crown or a council,

but does not include regulated care or education premises or regulated food premises; and

            (b)         a notice, in relation to a place of a prescribed kind, must be—

                  (i)         in the form set out in Schedule 1 clause 1; and

                  (ii)         displayed in a prominent position—

                        (A)         within 30 centimetres of each tap supplying rainwater for human consumption at the place; and

                        (B)         in—

        •         all promotional material for the place published in brochures, newspapers, magazines or on the Internet; or

        •         application forms or information material for the place.

        (3)         For the purposes of section 4(1)(c) of the Act, the prescribed requirements, in relation to rainwater supplied as an optional alternative at a place, are as follows:

            (a)         a notice must be displayed in the form set out in Schedule 1 clause 1 in a prominent position—

                  (i)         within 30 centimetres of each tap supplying rainwater for human consumption at the place; and

                  (ii)         in—

                        (A)         all promotional material for the place published in brochures, newspapers, magazines or on the Internet; or

                        (B)         application forms or information material for the place;

            (b)         in addition—

                  (i)         in the case of regulated care or education premises—the taps supplying the rainwater at the premises must not be accessible to vulnerable persons at the premises; and

                  (ii)         in the case of regulated food premises—the rainwater is not used in the preparation of food or beverages intended—

                        (A)         for consumption by vulnerable persons at regulated care or education premises; or

                        (B)         for direct sale or supply to the public at licensed premises or at a restaurant, café or other retail food or beverage outlet.

        (4)         In this regulation, unless the contrary intention appears—

"Building Code" has the same meaning as in the Development Act 1993 ;

"child" means a person under the age of 18 years;

"regulated care or education premises" means—

            (a)         a hospital within the meaning of the Health Care Act 2008 ; or

            (b)         premises at which a health service is provided for the purposes of—

                  (i)         the promotion of health and well-being; or

                  (ii)         the prevention of disease, illness or injury; or

                  (iii)         intervention to address or manage disease, illness or injury; or

                  (iv)         the management or treatment of disease, illness or injury; or

                  (v)         rehabilitation or on-going care for persons who have suffered a disease, illness or injury; or

            (c)         a residential aged care facility; or

            (d)         premises at which care is provided to persons whose ability to care for themselves is significantly impaired through physical or mental disability, illness or infirmity; or

            (e)         premises at which care or pre-school education is provided to children (for example, a nursery, childcare centre, kindergarten or pre-school or premises at which out of school hours care or vacation care is provided); or

            (f)         premises at which courses of instruction in primary or secondary education are provided to children; or

            (g)         a park, outdoor area or grounds provided for use in connection with premises referred to in paragraphs (a) to (f),

but does not include premises at which care or education is provided to persons in their own home by their parents or guardians or by other persons;

"regulated food premises" means premises used in the course of a business for the preparation of food or beverages intended—

            (a)         for consumption by vulnerable persons at regulated care or education premises; or

            (b)         for direct sale or supply to the public at licensed premises (within the meaning of the Liquor Licensing Act 1997 ) or at a restaurant, café or other retail food or beverage outlet;

"short term accommodation" means accommodation for a period not exceeding 60 days;

"vulnerable person", in relation to regulated care or education premises, means a person to whom care or education (as the case may require) is provided at those premises.



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