Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Amendment Regulations 2005 (WA)

Ei 1 GOVERNMENT GAZETTE, WA 7 January 2005

HEALTH

Health Act 1911

Health (Treatment of Sewage and Disposal of

Effluent and Liquid Waste) Amendment

Regulations 2005

Made by the deputy of the Governor in Executive Council.

1.            Citation

These regulations are the Health (Treatment of Sewage and
Disposal of Effluent and Liquid Waste) Amendment
Regulations 2005.

2.            Commencement

(a)	in the definition of "AS" by deleting "Association of";
(b)	at the end of the definition of "single dwelling", by
deleting the full stop and inserting a semicolon instead;

These regulations come into operation on 1 February 2005.

3.            The regulations amended

The amendments in these regulations are to the Health
(Treatment of Sewage and Disposal of Effluent and Liquid
Waste) Regulations 1974* .

[* Reprint 3 as at 8 August 2003.

For amendments to 8 December 2004 see Gazette 25 June,
28 June and 24 August 2004.]

4.            Regulation 3 amended

Regulation 3 is amended as follows:

7 January 2005 GOVERNMENT GAZETTE, WA 65

(c)	by deleting the definitions of "liquid wastes", "receptacle for drainage" and "separate system";
(d)	by inserting the following definitions in their appropriate alphabetical positions -

"adopted Code" means a code adopted by

regulation 6A( 1);

"blackwater" means water containing faeces or urine; "blackwater system" means an apparatus designed to

receive blackwater;

"greywater" means water containing kitchen, laundry

or bathroom waste other than faeces or urine;

"greywater system" means an apparatus for treating

greywater and enabling it to be used for garden

irrigation;

"liquid wastes" means wastewater or any other liquid

waste from domestic, industrial or commercial

activities, other than effluent;

"receptacle for drainage" means -

(a)	an evaporation drain, a soak well, French drain, leach drain or impervious sump; or
(b)	any other device or system for the disposal or re-use of effluent approved by the Executive Director, Public Health;
"wastewater" means greywater and blackwater.	,,

5.            Regulation 4 amended

Regulation 4(4) is amended by deleting "and installed" and inserting instead -

44

or installed

6.            Regulation 6A replaced

Regulation 6A is repealed and the following regulation is inserted instead -

6A. Adoption of codes

(1) Under section 344A(1) of the Act, the following codes

are adopted -

(a) "Code of Practice for the Design, Manufacture, Dwellings",
Installation and Operation ofAerobic

published by the Executive Director, Public Health in August 2001, as amended from time to time;

66 GOVERNMENT GAZETTE, WA 7 January 2005

(b) "Code of Practice for the Reuse of Greywater
in Western Australia" published by the

January 2005, as amended from time to time.

(2) For the purposes of section 344A(3) of the Act, the
prescribed place is the office of the Environmental
Health Directorate of the Department of Health, Grace
Vaughan House, 227 Stubbs Terrace, Shenton Park,
Western Australia.

7.            Regulation 7 amended

(1) Regulation 7(1) is amended by inserting after "construction" -

and installation ".

(2)	Regulation 7(3) is repealed and the following subregulation is inserted instead -
(3) An apparatus of a kind to which an adopted Code applies must be of a design and manufacture that complies with that Code.

8.            Regulation 7A replaced

Regulation 7A is repealed and the following regulation is inserted instead -

7A.	Compliance with adopted Codes
A person who constructs or installs an apparatus of a kind to which an adopted Code applies, must ensure that its construction or installation complies with that
Code.

9.            Regulation 8 amended

Regulation 8(1) is amended by deleting "separate systems" and inserting instead -

blackwater systems ".

10.          Regulation 9 replaced

Regulation 9 is repealed and the following regulation is inserted instead -

9.            Notice of completion

A person who constructs or installs an apparatus must forthwith after the construction or installation is completed, give to the local government a notice -

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(a)	stating that construction or installation of the apparatus has been completed; and
(b)	if the apparatus is of a kind to which an adopted Code applies, certifying that the construction or installation of the apparatus complies with that Code.

11.          Regulation 9A repealed

Regulation 9A is repealed.

12. Regulation 16A inserted
After regulation 16 the following regulation is inserted -

16A.	Use to comply with adopted Codes
The owner and the occupier of a premises on which there is installed an apparatus to which an adopted Code applies, must ensure that it is operated in compliance with that Code.

13. Regulation 18A amended
Regulation 18A(1) is amended as follows:

(a)

by inserting after "unit" in the first place where it " , greywater system ";

(b) in paragraph (a) by deleting "septic tank, aerobic treatment unit or drainage line" and inserting instead - " apparatus

14. Regulation 20A amended
Regulation 20A is amended as follows:

(a)	by deleting "Where" and inserting instead - " (1) Subject to subregulation (2), where
(b)	at the end of the regulation by inserting the following subregulation -

(2) Subregulation (1) does not apply in relation to a

greywater system if—

(a)	the system is of a kind approved for use on premises connected to a sewer; and
(b)	(having obtained permission under

before the sewer is connected, the owner system necessary for it to comply with the code

68 GOVERNMENT GAZETTE, WA 7 January 2005

adopted by regulation 6A( 1 )(b) when the sewer
is connected.

15.          Regulation 21 amended

Regulation 21(b) is deleted and the following paragraph is inserted instead -

44

(b) in the case of a septic tank, aerobic treatment

unit or greywater system - removing the
apparatus or, if that is not practicable, breaking
up its base;

16.          Regulation 28 amended

(1)	Regulation 28(1) is amended by deleting "or sedimentation tank".
(2)	The Table in regulation 28 is amended by deleting the item for "Sedimentation tank".

17.          Regulation 29 amended

(1) Regulation 29(1) and (2) are amended by deleting "separate
system" and inserting instead -

blackwater system ".

(2)	Regulation 29(1) is amended in the heading to the Table by deleting "Separate System" and inserting instead -
" Blackwater System ".

18.          Regulation 42B amended

Regulation 42B is amended by deleting "ATU Code" and

inserting instead -

code adopted under regulation 6A(1)(a) ".

19.          Regulation 44 amended

Regulation 44(3) is amended as follows:

(a)	by deleting the subregulation designation "(3)";
(b)	by deleting "nightsoil" and inserting instead -

blackwater ".

20.          Part 6 heading amended

The heading to Part 6 is amended by deleting "a septic tank, receptacle for drainage or aerobic treatment unit" and inserting instead -

44 apparatus

7 January 2005 GOVERNMENT GAZETTE, WA 69

21.          Regulation 46 amended

Regulation 46 is amended by deleting "septic tank, receptacle for drainage or aerobic treatment unit" and inserting instead -

tank or other waste storage component of an apparatus ".

22. Regulation 47 amended
Regulation 47(2) is repealed.

23.         Regulation 48 amended

Regulation 48 is amended by deleting nightsoil" and inserting instead -

" blackwater ".

24.          Regulation 49 amended

Regulation 49(1)(a) is deleted and the following paragraphs are inserted instead -

"

(a) be constructed in the manner and using the

materials -

(i)     set Out in Schedule 7; or

(ii)     approved by the Executive Director, Public Health;

(aa) if they are part of an apparatus of a kind to

which an adopted Code applies, be constructed
in compliance with that Code;

25.          Regulation 54 replaced

Regulation 54 is repealed and the following regulation is

inserted instead -

54.         Offence

A person who contravenes these regulations commits
an offence.
Maximum penalty: $1000.
Minimum penalty: for -

(a)	a first offence, $100;
(b)	a second offence, $200; and
(c)	a third or subsequent offence, $500.

Daily penalty for a continuing offence: not less

than $50 nor more than $100.

70 GOVERNMENT GAZETTE, WA 7 January 2005

26.           Schedule 1 amended

Schedule 1 is amended by deleting the shoulder clause and inserting the following shoulder clause instead —

" [r. 4, 4A and 10] ".

27.           Schedule 7 amended

Schedule 7, Form No. 3 is amended, under the heading
"DETAILS OF LEACH DRAIN.", by deleting "SEPARATE
SYSTEMS" and inserting instead —

" BLACKWATER SYSTEMS ".

28.           Schedule 9 replaced

Schedule 9 is repealed and the following Schedule is inserted instead —

4,

Schedule 9— Wastewater volume for residential

premises

[r. 49(3)]

For the purposes of the definition of "V" in the formula in regulation 49(3) the volume of wastewater is to be determined from the following Table according to the number of bedrooms on the premises.

Table

Number of Volume of wastewater (litres)

Blackwater system Combined system

bedrooms (blackwater and greywater)

2 or less	188	564
3	254	761
4 or more	276	829

By Command of the deputy of the Governor, ROD SPENCER, Clerk of the Executive Council.