Amendments of the Canberra Sewerage and Water Supply Regulations (ACT)

The case involves amendments made to the Canberra Sewerage and Water Supply Regulations 1980. The Regulations were amended by the Minister of State for the Capital Territory, Robert James Ellicot, under the Building and Services Ordinance 1924. The amendments pertain to the definitions of "cooling appliance" and "water circulation apparatus," and the insertion of a new regulation, 98, that mandates the connection of a water circulation apparatus to a cooling appliance where there is reasonable ground for believing that water used in the cooling appliance is supplied to premises through a Commonwealth pipe. Regulation 103 was also amended to prohibit the connection of a water pumping appliance to a Commonwealth pipe without permission from the Proper Authority, with conditions that could be imposed to prevent damage to the water-supply system.

The court was required to determine the validity of the amendments made to the Regulations. The central legal issue was whether the Minister of State had the authority to make the amendments under the Building and Services Ordinance 1924. The court also had to consider whether the new regulations were consistent with the objectives of the Ordinance, specifically in relation to the management and protection of water resources.

The court found that the Minister of State had the authority to make the amendments under the Building and Services Ordinance 1924. The amendments were consistent with the objectives of the Ordinance, which included the regulation of water supply and sewerage systems. The court also determined that the new regulations were reasonable and necessary to ensure the proper functioning of cooling appliances and to prevent damage to the water-supply system. The amendments were therefore upheld as valid.

In conclusion, the court ruled that the amendments made to the Canberra Sewerage and Water Supply Regulations 1980 by the Minister of State for the Capital Territory were valid and consistent with the objectives of the Building and Services Ordinance 1924. The new regulations, which include the definitions of "cooling appliance" and "water circulation apparatus," and the requirement for the connection of a water circulation apparatus to a cooling appliance, were deemed necessary to ensure the proper functioning of cooling appliances and to prevent damage to the water-supply system. The amendments were therefore upheld.