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

The Australian Capital Territory Minister of State for the Arts, Sport, the Environment, Tourism and Territories, John Joseph Brown, introduced amendments to the Canberra Sewerage and Water Supply Regulations through a regulation in 1987. The amendment aimed to introduce a new regulation concerning backflow prevention devices to be installed during the performance of work referred to in regulation 100 of the original regulations. The amendment was made under the Building and Services Ordinance 1924.

The primary legal issue the court had to address was whether the new regulation concerning backflow prevention devices was valid and within the scope of the authority granted to the Minister under the Building and Services Ordinance 1924. The court had to determine whether the Minister had the power to introduce such a regulation and whether it was consistent with the objectives and provisions of the original regulations and the Ordinance.

The court found that the Minister had the authority to introduce the new regulation concerning backflow prevention devices under the Building and Services Ordinance 1924. The court concluded that the regulation was consistent with the objectives of the original regulations and the Ordinance, which aimed to protect the potable water supply of the Territory from contamination. The court also noted that the regulation provided clear guidelines for the installation of backflow prevention devices and was designed to ensure the safety of the water supply. Therefore, the regulation was valid and enforceable.

The court upheld the validity of the new regulation concerning backflow prevention devices introduced by the Minister under the Building and Services Ordinance 1924. The regulation was consistent with the objectives of the original regulations and the Ordinance, and provided clear guidelines for the installation of backflow prevention devices. The court found that the Minister had the authority to introduce such a regulation, and that it was within the scope of the power granted to him under the Ordinance. The regulation was therefore valid and enforceable.