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Safe Drinking Water Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is to protect and improve the quality of drinking
water supplies in Victoria.
The Bill is designed to require water suppliers to develop and implement an
integrated risk management framework for drinking water quality, comply
with standards for water quality, communicate effectively with all
stakeholders and publicly disclose relevant water quality information.
The Bill also requires water storage managers to prepare and implement risk
management plans in relation to water supplied to water suppliers.
The Bill confers regulatory powers and duties in relation to drinking water
quality on the Secretary to the Department of Human Services. The Bill also
requires the reporting of incidents of known or suspected contamination of
drinking water to the Secretary to the Department of Human Services and
empowers the Secretary to take action to address any risk to public health.
Clause Notes
PART 1--PRELIMINARY MATTERS
Clause 1 sets out the purpose of the Bill and outlines its main features.
Clause 2 is the commencement provision. The Bill comes into operation
on 1 July 2004.
Clause 3 is the definitions clause.
"Drinking water" is defined as water that is intended for human
consumption or for purposes connected with human
consumption, whether or not it is used for other purposes.
Water that is held by water storage managers would be "drinking
water" if the water is intended for supply or release to a water
supplier, which will then supply it to customers for human
consumption. For the purpose of the definition, it is irrelevant
whether the water is appropriate for human consumption or
whether it has been treated.
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551054 BILL LA CIRCULATION 10/4/2003
"Water supplier" and "water storage manager" are defined such
that the Bill will initially apply to the most significant water
suppliers in Victoria, namely the 3 metropolitan water
companies, the regional urban water authorities, Melbourne
Water Corporation, and, to the extent that their activities relate to
drinking water, Parks Victoria, the 6 alpine resorts management
boards and the 5 rural water authorities in Victoria.
"Water supply premises" includes premises of a water supplier
and a water storage manager and any private premises used to
treat water before it is supplied to the public. It does not include
premises where water is treated or stored only for the use of those
on that premises.
Clause 4 defines "supply" for the purposes of the Act.
Clause 5 excludes certain water supplies from the application of the Act.
Clause 6 provides that certain water that is not intended for drinking may
be declared by the Minister for Health as 'regulated water' and
regulated under the Bill. There will be a requirement on the
water supplier to inform customers of the nature of regulated
water, any associated risks and what it can be used for.
Regulated water supplies will be identified in consultation with
water suppliers and the wider community.
PART 2--RISK MANAGEMENT PLANS
Division 1--Requirement to have plan
Clause 7 places an obligation on a water supplier to prepare, implement
and comply with a risk management plan in relation to its supply
of drinking water and regulated water.
Clause 8 places an obligation on a water storage manager to prepare,
implement and comply with a risk management plan in relation
to its supply of water to a water supplier. There is provision for
the Secretary to exempt a water storage manager from complying
with this obligation in some circumstances, subject to conditions
(if any). The conditions could, for example, relate to actions that
need to be performed by the water storage manager.
Clause 9 defines a risk management plan in relation to the supply of water
and provides that a risk management plan must address any
matter specified in the regulations.
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Division 2--Audits
Clause 10 defines a risk management plan audit.
Clause 11 gives the Secretary power to set the frequency and timing of risk
management plan audits, and to require a particular audit to be
carried out by a specified date.
Clause 12 provides that on completion of an audit an auditor must issue a
certificate in a prescribed format indicating compliance or non-
compliance with the risk management plan. In the case of non-
compliance, a copy of the certificate must be given to the
Secretary and it is an offence not to do so within a specified time.
A penalty of 60 penalty units applies to this offence.
Clause 13 provides that, on the application of a water supplier or water
storage manager, the Secretary may approve an auditor to
conduct a risk management plan for that supplier or storage
manager, and sets out the procedure for this approval.
Clause 14 provides that it is an offence for any person other than an
approved auditor to conduct a risk management plan audit.
A penalty of 60 penalty units applies to this offence.
Clause 15 provides that it is an offence for an approved auditor to fail to
comply with any condition imposed on the approval. A penalty
of 60 penalty units applies to this offence.
Clause 16 provides that in order to avoid any conflict of interest it is an
offence for a person to conduct an audit of a risk management
plan that he or she has written or assisted in preparing. A penalty
of 60 penalty units applies to this offence.
PART 3--OTHER OBLIGATIONS ON WATER SUPPLIERS
OR WATER STORAGE MANAGERS
Division 1--Drinking Water Quality Standards
Clause 17 obliges a water supplier to comply with any prescribed water
quality standards when supplying drinking water and sets out
who must be consulted during the process of prescribing drinking
water quality standards.
Clause 18 obliges a water supplier to notify the Secretary if the drinking
water it is supplying does not comply or is unlikely to comply
with a water quality standard. A penalty of 120 units applies to
this offence.
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Clause 19 provides for a procedure by which a water supplier may apply to
the Minister for Health to vary an aesthetic standard as it applies
to the drinking water supplied by the supplier and sets out the
grounds on which the Minister may grant approval.
Clause 20 provides for a procedure by which a water supplier may apply to
the Minister for Health to be exempted from compliance with a
water quality standard as it applies to the drinking water supplied
by the supplier and sets out the grounds on which the Minister
may grant approval.
Clause 21 provides for conditions to apply to the Minister's approval of
a variation from, or exemption to, the quality standards.
The conditions could, for example, relate to actions that need to
be performed by the water supplier.
Division 2--Disclosure and Reporting Requirements
Clause 22 obliges specified individuals to report to the Secretary
immediately on having reason to suspect or believe that drinking
water may cause illness or may pose a risk to human health, or
may be the subject of public complaint, and makes it an offence
for failure to report. A penalty of 120 penalty units applies to
this offence.
Clause 23 obliges a water supplier to report promptly to the public the
results of water monitoring programs conducted in relation to
drinking water it supplies, and makes it an offence for a supplier
to supply false and misleading information in this regard.
A penalty of 240 penalty units applies to this offence.
Clause 24 obliges a water storage manager to supply information requested
by water suppliers, and provides that the Secretary has power to
decide any dispute that arises about the provision of such
information.
Clause 25 provides that if a water supplier supplies regulated water, it must
fully inform potential consumers of the nature of that water and
any risks to health that may arise from its use.
Clause 26 obliges a water supplier and a water storage manager to give the
Secretary, and make available to the public, an annual water
quality report that includes any information prescribed in
regulations or required by written notice published in the
Government Gazette.
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PART 4--ADMINISTRATIVE AND ENFORCEMENT
MATTERS
Division 1--General Functions and Powers of the Secretary
Clause 27 sets out the powers and functions of the Secretary to the
Department of Human Services under the Act.
Clause 28 contains a general power for the Secretary to do all things
necessary or convenient to the carrying out of his or her functions
under the Act.
Clause 29 empowers the Secretary to require any specified information
from a water supplier or water storage manager in order to carry
out his or her functions under the Act and obliges the water
supplier or water storage manager to comply with the
requirement.
Clause 30 allows the Secretary to accept from a water supplier or water
storage manage an undertaking to comply with the Act or the
regulations in some circumstances where the water supplier or
water storage manager is, or is likely to be, contravening the Act.
The intention is that undertakings will enable a water supplier or
water storage manager time to achieve compliance with the Act
over a specified period without being exposed to prosecution
while they do so.
An undertaking is "completed" if a water supplier or water
storage manager complies with all of the requirements of the
undertaking.
Clause 31 provides that the Secretary may issue an enforcement notice
requiring a water supplier or water storage manager to comply
with an undertaking or with specified sections of the Act and
makes it an offence for a water supplier or water storage manager
not to comply with an enforcement notice unless it has a
reasonable excuse. A penalty of 240 penalty units applies to this
offence.
Clause 32 provides that the Secretary must provide an annual report to
Parliament containing specified information.
Clause 33 provides that the Secretary must keep a register of undertakings,
variations and exemptions approved in accordance with the Act,
and that this register be available for inspection by the public.
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Division 2--Incident Management
Clause 34 provides for action to be taken by the Secretary if he or she
believes on reasonable grounds that drinking water is or may be,
or may become, a risk to public health, provides that in the case
of any risk to public health, the Secretary may issue directions to
a water supplier or water storage manager of the type specified,
and that it is an offence for a water supplier or water storage
manager not to comply with such a direction. A penalty of
240 penalty units applies to this offence.
Clause 35 provides that the delegation of the Secretary's powers in relation
to risks to public health may only be to an executive officer.
Clause 36 applies if the Secretary has reasonable grounds to believe that
drinking water is or may be, or may become, an immediate risk
to public health; specifies the powers that an authorised officer
may exercise; and provides that an authorised officer may not
enter a residence without the consent of the occupier to the entry
and search of the premises.
The provisions in sections 34 and 36 do not restrict the capacity
of the Secretary to exercise powers to address risks to public
health under, for instance, the Food Act 1984, Health Act 1958
and Health (Infectious Diseases) Regulations 2001.
Clause 37 provides that an authorised officer must show an identity card
before exercising such powers or at any time when asked to do so
during the exercise of such powers. Failure to do so is an offence
to which a penalty of 10 penalty units applies.
Clause 38 provides for an authorised officer to announce his or her identity
as an authorised officer before entering premises to exercise these
powers, except in specified circumstances.
Clause 39 provides that an occupier of a residence who gives consent to the
entry and search of a premises or residence must be given a copy
of the signed consent immediately.
Clause 40 provides that an authorised officer must issue a receipt for any
thing seized.
Clause 41 provides that when certain specified things are seized a copy of
the thing must be provided to the owner or custodian.
Clause 42 provides that an authorised officer must, when practicable, allow
the owner access to a seized thing while it is in the authorised
officer's possession or control.
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Clause 43 provides for the examination or processing of things to determine
if they are things that may be seized. The examination or
processing may be done with equipment brought onto the
premises by the authorised officer, or at another place, or with
equipment already on the premises, depending on what is
practicable.
Clause 44 provides for the use and seizure of information that may be stored
on disk, tape or other devices used for information storage and of
electronic equipment that may be used with those devices.
Clause 45 provides for the period of time for which, and the circumstances
in which, a seized thing may be retained prior to return to its
owner.
Clause 46 provides that the Magistrates Court may extend the retention
period of a seized thing in certain circumstances.
Clause 47 provides for the circumstances in which the privilege against self-
incrimination can be relied upon in relation to information
provided under this Division.
Division 3--Authorised Officers
Clause 48 provides for the Secretary to appoint a person to be an authorised
officer and to provide the person with an identity card and
provides that the Secretary may only appoint a person who is
suitably qualified or trained to exercise powers under section 36
as an authorised officer.
Clause 49 makes it an offence to obstruct an authorised officer in the
exercise of his or her powers under the Act. A penalty of
60 penalty units applies to this offence.
Clause 50 makes it an offence to impersonate an authorised officer.
A penalty of 60 penalty units applies to this offence.
Division 4--Administration Levy
Clause 51 provides that each water supplier and water storage manager
must pay a levy to assist in paying the costs of administering this
Act.
Clause 52 provides that the relevant costs incurred in relation to any
specified period are the costs and expenses incurred by the
Secretary in administering this Bill over that period.
However, these costs do not include costs of existing functions
that the Secretary already performed prior to the commencement
of this Bill.
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Clause 53 provides for the mechanism by which the Minister is to
determine the levy, and who must be consulted in this regard.
Clause 54 provides for the mechanism by which the levy is to be collected
from water suppliers and water storage managers and paid into
the Consolidated Fund.
PART 5--MISCELLANEOUS MATTERS
Division 1--Miscellaneous Offences
Clause 55 makes it an offence for a person to give to the Secretary or an
authorised officer any false or misleading information or to
produce a document containing false or misleading information.
A penalty of 240 penalty units applies to this offence.
Division 2--Regulations
Clause 56 provides for the making of regulations for or with respect to
specified matters.
PART 6--CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS
Clause 57 repeals sections of the Health Act 1958 made redundant by this
Bill.
Clause 58 amends section 6B of the Food Act 1984 to clarify the limits of
the application of that Act to the supply of drinking water by
water suppliers and water storage managers.
Clause 59 repeals a general immunity provision in section 166 of the Water
Act 1989.
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