Queensland Numbered Acts

WATER FLUORIDATION ACT 2008 No. 12 - SECT 8

(1) A public potable water supplier for a relevant public potable water supply may apply in writing to the Minister for an exemption from the requirement under section 7 to add fluoride to the water supply on any of the following grounds--

(a) the water supply contains naturally occurring fluoride at an average concentration that is within the minimum and maximum concentrations prescribed under a regulation or above that maximum concentration;

(b) because of the natural water chemistry of the water supply, fluoride can not be maintained at an average concentration that is within the minimum and maximum concentrations prescribed under a regulation;

(c) both of the following apply--

(i) the addition of fluoride to the water supply is unlikely to result in a substantial ongoing oral health benefit to the community, or part of the community, of the area serviced by the water supply;

(ii) the number of members of the public who consume water from the water supply is less than 1000.

(2) The applicant must give the Minister the information the Minister reasonably requires to decide the application.

(3) The Minister must, as soon as practicable after receiving the application, give a copy of the application to the committee.

(4) The committee must, within 90 days after receiving the copy, give a written advice to the Minister about the merits of the application.

(5) The Minister must consider the application and the committee's advice and either grant, or refuse to grant, the application.

(6) If the Minister reasonably believes the ground for the application exists, the Minister must give the exemption.

(7) The exemption may be given on reasonable conditions.

(8) The Minister must give the applicant notice of the Minister's decision on the application.