Canberra Sewerage and Water Supply Regulations (Amendment) (ACT)

Case

AUSTRALIAN CAPITAL TERRITORY

Canberra Sewerage and Water Supply Regulations (Amendment)

Subordinate Law No. 18 of 1992

TABLE OF PROVISIONS

Regulation  

1............. Principal Regulations

2............. Interpretation

3............. Repeal

4............. House drainage work

5............. Insertion—

14A......... Work to conform with standard

6............. Interference with drains etc. connected with sewerage system

7............. Connections in accordance with Regulations

8............. Applications for permission to connect with sewerage system

9............. Conditions to be complied with before approval

10............. Work under direction of Supervising Officer

11............. Fees for plans

12............. Substitution—

21......... Plans of individual tenements

13............. Notice to be given by owner

14............. Testing

15............. Notice to be given by plumbers

16............. Repeal

17............ Drainage traps

18............. Repeal

19............. Size etc. of ventilators

20............. Stays for ventilators

21............. Repeal

22............. Injury to sewers

23............. Repeal

24............. Discharge pipes etc.

25............. Size and quality of pipes

26............. Repeal

27............. Water-closets and urinals

28............. Urinals

29............. Repeal

30............. Baths

31............. Repeal

32............. Provisions relating to meters

33............. Conditions to be observed in regard to tappings and services

34............. Unauthorised interference with Authority property

35............. Notice of interference with certain pipes etc.

36............. Backflow prevention device

37............. Quality of fittings etc.

38............. Connecting pipe with steam boilers

39............. Stand pipes

40............. Unlawful taking of water

41............. Taking or supplying water without authority

42............. Waste of water

43............. Hot water supply services

44............. Bathing or washing etc. in waterworks

45............. Inspection of private premises

46............. Substitution—

114B......... Penalties

47............. Substitution—

117......... Notice of decision

118......... Review by Tribunal

48............. Schedule

49............. Further amendments

SCHEDULE

Further Amendments

AUSTRALIAN CAPITAL TERRITORY

Canberra Sewerage and Water Supply Regulations1 (Amendment)

Subordinate Law No. 18 of 19922

The Australian Capital Territory Executive hereby makes the following Regulations under the Electricity and Water Act 1988.

Dated 1 October 1992.

Terry connolly

Minister

bill wood

Minister

Principal Regulations

1.  In these Regulations, “Principal Regulations” means the Canberra Sewerage and Water Supply Regulations.

Interpretation

2.  Regulation 4 of the Principal Regulations is amended—

(a)by omitting from subregulation (1) the definitions of “Cement concrete”, “Cement mortar”, “determined fee”, “Drain”, “External closet”, “sanitary fixture”, “Sewage”, “Sewer”, “sprinkler system”, “urinal”, “urinal stall” and “water circulation apparatus”;

(b)by inserting in subregulation (1) the following definition:

“ ‘Australian Standard 3500’ means Australian Standard 3500, being that standard as approved on behalf of the Council of Standards Australia on 6 July 1990 and published on 13 August 1990, entitled ‘National plumbing and drainage code’;”; and

(c)by omitting subregulation (2) and substituting the following subregulation:

“(2)  Unless the contrary intention appears, an expression used in these Regulations that is used in Australian Standard 3500 has the same meaning as in that Standard.”.

Repeal

3.  Regulation 5 of the Principal Regulations is repealed.

House drainage work

4.  Regulation 12 of the Principal Regulations is amended—

(a)by inserting in paragraph (a) “or she” after “he”; and

(b)by omitting paragraph (b) and substituting the following paragraph:

“(b)he or she holds an advanced sanitary drainer’s licence.”.

Insertion

5.  Before regulation 15 of the Principal Regulations the following regulation is inserted in Part III:

Work to conform with standard

“14A.  (1)  A person shall not carry out work on a sanitary plumbing system or sanitary drainage system that forms part of or communicates with the sewerage system except in accordance with the requirements of Australian Standard 3500.

Penalty:  $500.”.

Interference with drains etc. connected with sewerage system

6.  Regulation 15 of the Principal Regulations is amended—

(a)by omitting subregulation (2) and substituting the following subregulations:

“(2)  For the purposes of subregulation (1)—

(a)a plumbing permit;

(b)a drainage permit;

(c)a minor plumbing permit; and

(d)a minor drainage permit;

shall be in accordance with respective forms approved by the Engineer.

“(3)  The Engineer may, by notice published in the Gazette, approve forms for the purposes of subregulation (2).

“(4)  The Engineer shall not grant a permit under subregulation (1) unless the applicant has paid the determined fee.”;

(b)by omitting from paragraph (8) (c) “$400” and substituting “$1,000”; and

(c)by omitting from paragraph (9) (c) “$400” and substituting “$1,000”.

Connections in accordance with Regulations

7.  Regulation 16 of the Principal Regulations is amended by omitting “plumbing work, drains” and substituting “sanitary plumbing systems, sanitary drainage systems”.

Applications for permission to connect with sewerage system

8.  Regulation 17 of the Principal Regulations is amended—

(a)by inserting in subregulation (1) “a sanitary plumbing system, sanitary drainage system or sewer” after “connect”;

(b)by omitting from subregulation (1) “or by his authorized agent”; and

(c)by inserting in subregulation (2) “and be accompanied by a plan of the sanitary plumbing system, sanitary drainage system or sewer that is to be connected” after “Proper Authority”.

Conditions to be complied with before approval

9.  Regulation 18 of the Principal Regulations is amended—

(a)by omitting paragraph (1) (b) and substituting the following paragraph:

“(b)the plan referred to in subregulation 17 (2) has been approved by the Engineer;”;

(b)by adding at the end of subregulation (1) the following word and paragraph:

“; and (d)the determined fee has been paid.”; and

(c)by omitting subregulation (4).

Work under direction of Supervising Officer

10.  Regulation 19 of the Principal Regulations is amended by omitting “with the drains or sewers” and substituting “of sanitary plumbing systems, sanitary drainage systems or sewers with the sewerage system”.

Fees for plans

11.  Regulation 20 of the Principal Regulations is amended by omitting “plumbing work, drains” and substituting “sanitary plumbing systems, sanitary drainage systems”.

Substitution

12.  Regulations 21 and 22 of the Principal Regulations are repealed and the following regulation is substituted:

Plans of individual tenements

“21.  If plans of an individual block of buildings showing the position of the sewer and the position to which the building drain must be connected are available to the Proper Authority, the Proper Authority shall, on request by a person and on payment of the determined fee, make copies of those plans available to the person.”.

Notice to be given by owner

13.  Regulation 23 of the Principal Regulations is amended—

(a)by omitting from subregulation (1) “or his authorized agent”;

(b)by omitting from subregulation (1) “forty-eight hours” and substituting “2 working days”; and

(c)by omitting subregulation (3) and substituting the following subregulations:

“(3)  The Engineer or an Inspector shall inspect work within 2 working days after receipt of notification that the work is ready for inspection.

“(4)  In this regulation—

‘working day’ means a day other than a Saturday, Sunday or public holiday.”.

Testing

14.  Regulation 24 of the Principal Regulations is amended by omitting subregulations (2) and (3) and substituting the following subregulations:

“(2)  The Inspector may apply to a drain such water, smoke or air‑pressure tests as the Inspector considers appropriate.

“(3)  The owner of a property on which the drain referred to in subregulation (2) is located shall furnish such apparatus, tools, labour and assistance as are necessary for each test conducted by the Inspector.

“Penalty:  $50.”.

Notice to be given by plumbers

15.  Regulation 26 of the Principal Regulations is amended—

(a)by omitting “drainage apparatus or sanitary fixture” and substituting “sanitary drainage system or fixture”;

(b)by inserting “or she” after “he”; and

(c)by omitting “he” (last occurring) and substituting “the plumber”.

Repeal

16.  Regulations 35 to 40 (inclusive), 45 and 48 of the Principal regulations are repealed.

Drainage traps

17.  Regulation 54 of the Principal Regulations is amended by omitting from subregulation (5) “bitumen or wedges of lead; but, for fixing down gratings in gully-trap basins, bitumen only shall be used” and substituting “approved devices and approved materials”.

Repeal

18.  Regulation 55 of the Principal Regulations is repealed.

Size etc. of ventilators

19.  Regulation 58 of the Principal Regulations is amended by omitting subregulations (2) and (3) and substituting the following subregulations:

“(2)  All ventilator pipes shall be of an approved material and shall, if required by the Engineer, be protected against damage from traffic in a manner approved by the Engineer.

“(3)  Every ventilator pipe shall be coated inside and outside with an approved material.”.

Stays for ventilators

20.  Regulation 59 of the Principal Regulations is amended—

(a)by omitting from subregulation (1) “wrought-iron” and substituting “galvanised iron”; and

(b)by omitting from subregulation (3) “4.50” (wherever occurring) and substituting “3.50”.

Repeal

21.  Regulation 60 of the Principal Regulations is repealed.

Injury to sewers

22.  Regulation 62 of the Principal Regulations is amended—

(a)by inserting in paragraph (2) (b) “except with the approval of the Engineer” before “cause”; and

(b)by omitting from subparagraph (2) (b) (iii) “or gas” (wherever occurring) and substituting “gas, or other noxious substance”.

Repeal

23.  Regulation 64 of the Principal Regulations is repealed.

Discharge pipes etc.

24.  Regulation 65 of the Principal Regulations is amended—

(a)by omitting from paragraph (1) (a) “lavatories” and substituting “hand basins”;

(b)by omitting from subregulation (2) “(a) and (b) of the last preceding subregulation shall be of wrought-iron or cast-iron or wrought steel or drawn lead” and substituting “(1) (a) and (b) shall be made of an approved material”; and

(c)by omitting from subregulation (3) “(c) of subregulation (1) of this regulation shall be of cast-iron or drawn lead with wiped joints” and substituting “(1) (c) shall be made of an approved material”.

Size and quality of pipes

25.  Regulation 66 of the Principal Regulations is amended—

(a)by omitting from subregulation (1) “, the minimum weights of lead waste and ventilator pipes, and the minimum thickness of cast-iron soil and waste pipes, which shall be used,”;

(b)by omitting from the first column of the table at the foot of subregulation (1) “Lavatories and wash” and substituting “Wash”;

(c)by omitting the third and fourth columns of the table at the foot of subregulation (1); and

(d)by omitting subregulations (2), (3), (4) and (5).

Repeal

26.  Regulations 67, 69, 71, 72, 73, 74, 77 and 78 of the Principal Regulations are repealed.

Water-closets and urinals

27.  Regulation 80 of the Principal Regulations is amended by omitting subregulations (2) to (19) (inclusive), (23), (24), (26), (28), (29), (30), (31), (33), (35), (36) and (37).

Urinals

28.  Regulation 81 of the Principal Regulations is amended—

(a)by omitting subregulations (2) and (3);

(b)by inserting in paragraph (5) (a) “stainless steel” after “stoneware,”;

(c)by omitting from paragraph (5) (b) “, asphaltum, and sheet lead” and substituting “and stainless steel”; and

(d)by omitting subregulations (6) to (9) (inclusive) and (14) to (19) (inclusive).

Repeal

29.  Regulations 84, 85 and 86 of the Principal Regulations are repealed.

Baths

30.  Regulation 87 of the Principal Regulations is amended by omitting subregulations (1) and (4).

Repeal

31.  Regulation 88 of the Principal Regulations is repealed.

Provisions relating to meters

32.  Regulation 93 of the Principal Regulations is amended by omitting from subregulation (7) “Wrought-iron” and substituting “Copper or brass”.

Conditions to be observed in regard to tappings and services

33.  Regulation 96 of the Principal Regulations is amended—

(a)by omitting from paragraph (a) “wrought-iron” and substituting “copper or brass”; and

(b)by omitting paragraphs (k), (o) and (r).

Unauthorised interference with Authority property

34.  Regulation 99 of the Principal Regulations is amended by adding at the foot the following penalty:

“Penalty:  $500.”.

Notice of interference with certain pipes etc.

35.  Regulation 100 of the Principal Regulations is amended—

(a)by omitting from paragraph (1) (a) “two” and substituting “2”;

(b)by omitting from paragraph (1) (a) “a permit in accordance with Form 12 or 13, as the case may be so to do” and substituting “from the Engineer a permit with respect to the work”; and

(c)by omitting from paragraph (1) (c) “leaden or other”.

Backflow prevention device

36.  Regulation 100A of the Principal Regulations is amended by omitting subregulation (2) and the table at the foot of that subregulation and substituting the following subregulation:

“(2)  In this section, ‘appropriate backflow prevention device’ means a backflow prevention device selected in accordance with the requirements of section 4 of Part 1 of Australian Standard 3500, entitled ‘Cross­connection control and backflow prevention’.”.

Quality of fittings etc.

37.  Regulation 101 of the Principal Regulations is amended—

(a)by omitting subregulation (3); and

(b)by omitting from subregulation (4) “galvanized wrought-iron piping, of approved quality, tested and stamped by the Engineer, or”.

Connecting pipe with steam boilers

38.  Regulation 104 of the Principal Regulations is amended by omitting the penalty at the foot and substituting the following penalty:

“Penalty:  $500.”.

Stand pipes

39.  Regulation 105 of the Principal Regulations is amended by omitting all the words after “supported” and substituting “in an approved manner”.

Unlawful taking of water

40.  Regulation 106 of the Principal Regulations is amended by omitting from the penalty at the foot of subregulations (1) and (2) “$10” and substituting “$500”.

Taking or supplying water without authority

41.  Regulation 107 of the Principal Regulations is amended by omitting from the penalty at the foot “$10” and substituting “$500”.

Waste of water

42.  Regulation 108 of the Principal Regulations is amended by omitting the penalty at the foot and substituting the following penalty:

“Penalty:  $500.”.

Hot water supply services

43.  Regulation 109 of the Principal Regulations is amended by omitting subregulation (2) and subregulations (5) to (10) (inclusive).

Bathing or washing etc. in waterworks

44.  Regulation 111 of the Principal Regulations is amended by omitting from the penalty at the foot “$10” and substituting “$500”.

Inspection of private premises

45.  Regulation 114 of the Principal Regulations is amended by omitting from the penalty at the foot of subregulation (2) “$10” and substituting “$500”.

Substitution

46.  Regulation 114B is repealed and the following regulation substituted:

Penalties

“114B.  (1)  A person who contravenes or fails to comply with a provision of these Regulations is guilty of an offence and, where no other penalty is provided, is liable on conviction to a fine not exceeding $500.

“(2)  Where a body corporate is convicted of an offence against these Regulations, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this subregulation, the court could impose as a pecuniary penalty for that offence.”.

Substitution

47.  Regulation 117 of the Principal Regulations is repealed and the following regulation substituted:

Notice of decision

“117.  (1)  Where the Proper Authority—

(a)suspends or cancels a minor plumbing permit or a minor drainage permit under regulation 15AB;

(b)directs the Engineer to refuse, for a specified period, to grant a specified person a minor plumbing permit or a minor drainage permit under paragraph 15AB (2) (b);

(c)requires an occupier of premises to connect a water circulation apparatus to a cooling appliance under regulation 98;

(d)refuses to grant permission under regulation 103; or

(e)grants permission under regulation 103 subject to conditions;

the Proper Authority shall, within 14 days of the date of the decision, give notice in writing of the decision to the relevant person.

“(2)  Where the Engineer—

(a)refuses to grant a permit under paragraph 100A (1) (a); or

(b)refuses to approve a device under paragraph 100A (2) (b);

the Engineer shall, within 14 days of the date of the decision, give notice in writing of the decision to the relevant person.

“(3)A notice under subregulation (1) or (2) shall—

(a)include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989, an application may be made to the Tribunal for a review of the decision to which the notice relates; and

(b)except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.

“(4)The validity of a decision referred to in subregulation (1) or (2) shall not be taken to have been affected by a failure to comply with subregulation (3).

Review by Tribunal

“118.  Application may be made to the Tribunal for a review of a decision referred to in subregulation 117 (1) or (2).”.

Schedule

48.  The Schedule to the Principal Regulations is repealed.

Further amendments

49.  The Principal Regulations are amended as set out in the Schedule.

schedule  Regulation 49

Further Amendments

Subregulation 11 (1)—

Insert “or she” after “he”.

Paragraph 11 (2) (b)—

Insert “or she” after “he”.

Regulation 13—

Insert “or she” after “he”.

Subregulation 14 (1)—

(a)Omit “plumber or workman”, substitute “person”.

(b)Omit “him”, substitute “the person”.

Subregulation 14 (2)—

(a)Omit “plumber or workman”, substitute “person”.

(b)Insert “or she” after “he”.

Paragraphs 15 (1) (a), (b), (c) and (d)—

Insert “or her” after “him”.

Paragraphs 15 (7) (a) and (b)—

Insert “or she” after “he”.

Subregulations 15AA (1) and (2)—

Insert “or her” after “him”.

Paragraph 15A (c)—

(a)Omit “he” (first occurring), substitute “the owner”.

(b)Insert “or she” after “he” (last occurring).

Subregulation 24 (4)—

(a)Omit “or his authorized agent”.

(b)Omit “he” (first occurring), substitute “the owner”.

(c)Insert “or she” after “he” (last occurring).

Subregulation 25 (2)—

Insert “or she” after “he” (wherever occurring).

Regulation 47—

Omit “him”, substitute “the person”.

Subregulation 63 (4)—

Omit “his”, substitute “the”.

Subregulation 80 (34)—

Omit “he”, substitute “the owner”.

Subregulation 93 (12)—

Omit “he”, substitute “the person”.

Paragraph 96 (d)—

Insert “or her” after “his”.

Paragraph 96 (q)—

Insert “or she” after “he”.

Subregulation 98 (1)—

Omit “him”, substitute “the occupier”.

Subregulation 100 (2)—

Insert “or her” after “his”.

Subregulation 100 (3)—

(a)Omit “himself” (first occurring), substitute “the plumber”.

(b)Insert “or her” after “his”.

(c)Insert “or herself” after “himself” (last occurring).

Regulation 107—

Insert “or her” after “his”.

subregulation 110 (1)—

(a)Insert “or her” after “his”.

(b)Omit “two”, substitute “2”.

Regulation 113—

Insert “or her” after “his”.

Subregulation 114 (1)—

Insert “or she” after “he”.

Subregulation 114 (2)—

Insert “or her” after “his”.

Subregulation 114 (3)—

Omit “him”, substitute “the owner”.

Subregulation 114 (4)—

Insert “or she” after “he”.

Subregulation 114 (5)—

Omit “he”, substitute “the Engineer”.

Subregulation 114A (4)—

(a)Omit “or his authorized agent”.

(b)Omit “or his agent”.

Subregulation 115 (1)—

Insert “or her” after “his”.

NOTE

  1. Reprinted as at 30 June 1992.

  2. Notified in the ACT Gazette on 2 October 1992.

©  Australian Capital Territory 1992

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