Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No. 2) 1997 (WA)
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WESTERN
AUSTRALIAN
GOVERNMENT A azet
| PERTH, TUESDAY 29 JULY 1997 No. 126 | SPECIAL |
PUBLISHED BY AUTHORITY JOHN A. STRIJK. GOVERNMENT PRINTER AT 4.45 PM
HEALTH ACT 1911
TREATMENT OF SEWAGE AND DISPOSAL OF EFFLUENT AND
LIQUID WASTE AMENDMENT
REGULATIONS (No. 2) 1997
| 29 July 19971 | GOVERNMENT GAZETTE, WA | 4065 |
HEALTH ACT 1911
TREATMENT OF SEWAGE AND DISPOSAL OF EFFLUENT AND
LIQUID WASTE AMENDMENT REGULATIONS (No. 2) 1997
Made by the Governor in Executive Council.
Citation
1. These regulations may be cited as the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No. 2) 1997.
Commencement
2. These regulations come into operation -
on the day that sections 7 and 13 of the Health Amendment
(a) Act 1996 come into operation; or
(b) on the day on which these regulations are published in the Gazette,
whichever is the later day.
Principal regulations
3. In these regulations the Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations* are referred to as the principal regulations.
[* Reprinted as at 6 February 1985.
For amendments to 15 July 1997 see 1996 Index to Legislation of Western Australia, Table 4, p. 143-4 and Gazette 1 July 1997.1
Division 1 amended
4. Division 1 of the principal regulations is amended by deleting the heading "DIVISION 1. -
PRELIMINARY." and substituting the following
heading -
" PART 1 - PRELIMINARY " Regulation 1 amended
5. Regulation 1 (1) of the principal regulations is amended by deleting
"Treatment of Sewage and Disposal of EffZuent and Liquid Waste Regulations" and substituting the following - Health (Treatment of Sewage and Disposal of EffZuent and Liquid
Waste) Regulations 1974 ,,
Regulation 3 amended
6. Regulation 3 of the principal regulations is amended -
(a) by deleting "In these regulations - " and substituting the following -
In these regulations, unless the contrary intention
appears - >7.
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(b) by deleting the definitions of "approved", "approved application" and "single dwelling";
(c) by deleting the full stop at the end of the definition of "septic tank" and substituting a semicolon; and
(d) by insertink in the appropriate alphabetical positions the following de initions -
<<
"approval" means an approval under regulation 4 or 4A;
"approved" means -
(a)
in the case of an apparatus to which regulation 4 applies, approved by the relevant local government; and
(b)
in the case of an apparatus to which regulation 4A applies, approved by the Executive Director, Public Health;
"approving body" means -
in the case of an application for an approval
(a) under regulation 4, the relevant local government; or
in the case of an application for an approval
(b) under regulation 4A, the Executive Director, Public Health;
"dwelling" means a building or part of a building that is
occupied or intended to be occupied for the purpose of
human habitation;
"owner", in relation to an apparatus, means the owner of
the premises on which the apparatus is constructed
or installed;
"relevant local government" means - (a) the local government of the district where it is in relation to an application for an approval, proposed the apparatus will be constructed or
installed; or(b) in relation to an existing a paratus, the local
is situated; government of the district w ere the apparatus ! "single dwelling" means a dwelling -
(a) that is occupied or intended to be occupied for the purpose of human habitation by not more
than 8 persons;
on a lot within the meaning of the
(b) Town P anning and Development Act 1928; and standin& (c)
that is the only dwelling standing on that lot. >7
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Division 2 amended
7. Division 2 of the principal regulations is amended by deleting the heading "DIVISION 2. -
APPLICATION AND INSTALLATION." and
substituting the following Part and Division headings -
(6
PART 2 - GENERAL
Division 1 - Construction and installation of an apparatus ,,
Regulation 4 repealed and regulations substituted
8. Regulation 4 of the rincipal regulations is repealed and the following regulations are substitute i Y - Approval of the construction or installation of an apparatus by local government
4. (1) For the purposes of section 107 (2) (a) of the Act, an
apparatus is to be approved by a local government if it is intended to
serve -
(a) a single dwelling; or (b) of sewage per day. any other building that produces not more than 540 litres
(2) A person may apply for an approval under this regulation
by -
(a) completing an application in a form approved by the Executive Director, Public Health; and (b) forwarding the application to the relevant local government together with -
(i) any documents required under regulation 5; and (ii) the fee specified in item 1 of Schedule 1.
(3) Upon an application under subregulation (2), a local
government shall, as soon as practicable after receiving the
application -
(a) subject to these regulations, grant the approval -
(i) in a form approved by the local government; and (ii) thinks fit; subject to such conditions as the local government
(b) refuse to grant the approval. (4) A local government may grant an approval under this regulation only if, under the application, the apparatus is to be constructed and installed in accordance with these regulations.
Where a local government refuses to grant an approval under applying for the approval a written notice -
this regulation, it shall, a s soon as practicable, provide to the person ( 5 ) (a) advising the person of the refusal; and
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(b) setting out the reasons for the refusal.
Approval of the construction or installation of an apparatus by the Executive Director, Public Health
4A. (1) In this regulation - "local government report", in relation to an application for an approval under this regulation, means a report of the relevant local government setting out recommendations as to -
(a) whether or not the approval should be granted; and (b) if an a proval is recommended, the conditions, if any,
to whic 7l the approval should be subject.
For the pur oses of section 107 (2) (b) of the Act, an apparatus intended to serve a building that - is to be approved By the Executive Director, Public Health if it is (2)
(a) is not a single dwelling; and (b) produces more than 540 litres of sewage per day. (3) A person may apply for an approval under this regulation
by -
(a) completing an application in a form approved by the Executive Director, Public Health; and (b) forwarding the application to the Executive Director, Public Health together with -
(i) any documents required under regulation 5; (ii) the relevant fee specified in item 2 of Schedule 1; and (iii)
except where subregulation (4) applies, a local government report in relation to the application.
(4) Where -
(a) a person makes a request to the relevant local overnment
for it to provide a local government report in re ation to an k application for an approval under this regulation; and (b) the local overnment does not provide the report to the
person wit in 28 days of the request, 8,
the person may make an application under subregulation (3) without forwarding to the Executive Director, Public Health a local government report.
(5) Upon an a plication under subregulation (3), the Executive Director, Public Hea th shall, as soon as
P
racticable after receiving the
application and after considering any loca government report - f
(a) subject to these regulations, grant the approval -
(i) in a form approved by the Executive Director, Public Health; and
(ii) Public Health thinks fit; subject to such conditions as the Executive Director,
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(b) refuse to grant the approval. The Executive Director, Public Health may grant an approval be constructed and installed in accordance with these regulations.
under this regulation only if, under the application, the apparatus is to (6) an approval under this regulation, the Executive Director, Public (7) Where the Executive Director, Public Health refuses to grant
Health shall, as soon as practicable, provide to the person applying for the approval a written notice -
(a) advising the person of the refusal; and (b) setting out the reasons for the refusal.
Regulation 5 amended
9. (1) Regulation 5 (1) of the principal regulations is amended -
(a) by deleting "pursuant to regulation 4" and substituting the following - " under regulation 4 or 4A ";
(b) in paragraph (b) -
(i) by deleting "block7' and substituting the following - " site ";
(ii) by deleting subparagraph (ii) and substituting the following
subparagraph -
<<
(ii) the position, t pe and ro osed use of all fixtures intenled to &sc\arge into the apparatus;
and
(iii) by deleting "Class I or Class IA occupancy under the Uniform Building By-laws7' and substituting the following -
" Class l a under the Building Code ";
(c) by deleting "and7' at the end of paragraph (b); and (d) by deleting paragraph (c) and substituting the following paragraphs - <<
(c) if so requested by the approving body -
(i) a detailed architectural drawing of the proposed apparatus;
(ii) a certificate from an independent technical expert that the apparatus -
(I) complies with these re ulations or any
relevant code or standarf;(11) is capable of performing its proposed functions; and
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(111) is reliable and durable;
andany other information or documents relevant to
(iii) the application;
and
(d) in the case where the proposed apparatus is an aerobic treatment unit, details of arrangements that have been made for the future maintenance of the unit by an authorized person, including a copy of any agreement entered into for that purpose. 97
subregulations (2), (3) and (4) and substituting the following (2) Regulation 5 of the principal regulations is amended by repealing subregulations -
<<
body shall, for the duration of the life of the apparatus, retain a copy (2) Where an application for an approval is made, the approving of -
(a) the application; (b) every document forwarded with the application; and (c) the approval.
subregulation (2) available for inspection by members of the public. (3) An approving body shall make any documents retained under an application for an approval. (4) A person shall not provide false or misleading information in (5) In subregulation (1) (b) - "Building Code" means the Building Code of Australia 1996, as from time to time amended and for the time being in force,
issued by the Australian Building Codes Board. ,,
Regulation 6 repealed and a regulation substituted 10. Regulation 6 of the principal regulations is repealed and the following regulation is substituted -
(6
Construction or installation under an approval to be completed within a certain time
6. (1) An approval shall be subject to a condition that the
construction or installation to which the approval relates is completedprior to the expiration of -
(a) a period of 2 years; or (b) any lesser period specified in the approval. (2) Where - (a) an approval is granted for the construction or installation of an apparatus; (b)
the construction or installation is commenced but is not completed within the period referred to in subregulation (1); and
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a fresh approval to continue the construction or installation
(c) has not been granted, the owner of the premises on which the apparatus was being constructed or installed shall, as soon as practicable after the expiration of that period, ensure that the apparatus is decommissioned in accordance with regulation 21.
Regulation 7 amended
11. (1) Regulation 7 (2) of the principal regulations is amended by
deleting "and shall be installed in accordance with the by-laws and practices of the Metropolitan Water Supply, Sewerage and Drainage Board, or the Country Towns Sewerage By-laws, as the case requires and these regulations." and substituting the following -
<<
and the Metropolitan Water Supply, Sewerage and Drainage
By-laws 1981, and the Country Towns Sewerage By-laws 1952 apply to
them in addition to these regulations. 9 ,
after subregulation (3) the following subregulation - (2) Regulation 7 of the principal regulations is amended by inserting << (4) An apparatus shall be constructed and installed to a trade
finish. 9 ,
Regulation 8 amended
12. (1) Regulation 8 (1) of the principal regulations is amended by
deleting "him7' and substituting the following -
" the owner ".
(2) Regulation 8 (2) of the principal regulations is amended - (a) by deletin "but cannot be connected to the educt vent by means
of a sad % le piece, the back vent shall also be fitted7' and substituting the following - "
it shall also be fitted, by the owner, "; and
(b) by deleting "to be so maintained" and substituting the following - " and be so maintained by the owner ".
Regulation 8A inserted
13. After regulation 8 of the principal regulations, the following regulation
is inserted -
(6
Construction and installation of a septic tank
8A. (1) A person shall not cause or permit the construction of a septic tank closer than 1.2 m to the foundations of any building, or the boundary of any lot, unless otherwise approved.
(2) A person shall not cause or permit the construction of foundations of any building closer than 1.2 m to any existing septic tank, unless otherwise approved.
9 ,
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Division heading inserted
14. Before regulation 9 of the principal regulations, the following Division heading is inserted -
<<
Division 2 - Use of an apparatus
Regulation 9 amended
15. Regulation 9 of the principal regulations is amended -
(a) by deleting "constructs7' and substituting the following - " constructs or installs "; and
(b) by deleting "approved application" and substituting the following - " approval ".
Regulation 10 repealed and a regulation substituted
16. Regulation 10 of the principal regulations is repealed and the following regulation is substituted -
Permit to use an apparatus
10. (1) Where a local government receives a notification under
regulation 9, the local government shall, as soon as practicable after receiving that notification, arrange for the a paratus to be inspected by
with - an environmental health officer to ensure t at the apparatus conforms R
(a) these regulations; and (b) the approval granted in respect of the apparatus. (2) Where - (a)
an environmental health officer inspects an apparatus under this regulation and is satisfied that it conforms to
these regulations and the approval; and (b) the owner pays the fee or fees required by regulation 14,
the local government shall grant to the owner, in a form approved by
the Executive Director, Public Health, a permit to use the apparatus.
under this regulation and is not satisfied that the apparatus conforms (3) Where an environmental health officer inspects an apparatus
with these regulations or the approval, the environmental health officer
shall -advise the owner as to what corrective works are necessary
(a) to ensure that the apparatus does so conform; and arrange for a further inspection of the apparatus by an
(b) environmental health officer within a period that allows the owner to undertake practicably the corrective works.
Where an environmental health officer inspects an apparatus corrective works have been undertaken -
under subregulation (3) (b) and is not satisfied that the necessary (4)
(a)
the environmental health officer shall notify the local government of the failure to undertake the corrective works; and
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(b) the local government may, upon receiving the notification under paragraph (a), forward to the owner a written notice requiring the owner to undertake those works or decommission the apparatus in accordance with regulation 21.
(5) Where a local government requires an owner to undertake corrective works or decommission the apparatus under subregulation (4), the owner shall do so within the prescribed time.
(6) In subregulation (5) - "prescribed time" means -
in the case where the owner has not, within 14 days
of receiving notice of the requirement -(i) made an application under regulation 22 for a
review of the requirement; or
(ii) brought an appeal under section 37 of the Act
as soon as practicable after the owner receives notice
of the requirement;against the requirement, in the case where the owner has, within 14 days of the requirement, made an application under regulation 22 for a review of the requirement, as soon as practicable after the local government has -
(i) determined that application; and
(ii) provided to the owner written notification of that determination; or
in the case where the owner has brought an appeal under section 37 of the Act against the requirement, as soon as practicable after the Executive Director, Public Health has -
(i) determined that appeal; and (ii) provided to the owner written notification of
that determination. 9 ,
Regulation 11 amended
17. Regulation 11 of the principal regulations is amended -
(a) by deleting "for inspection" and substituting the following - " for an inspection under regulation 10 ";
(b) by deleting "its officer" and substituting the following - " an environmental health officer ".
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Regulation 12 repealed and a regulation substituted
18. Regulation 12 of the principal regulations is repealed and the following regulation is substituted -
(6
Testing an apparatus
12. Where an environmental health officer inspects an apparatus
under subregulation 10, the environmental health officer may submit
the apparatus to -
(a) a hydrostatic test; and (b) such other tests as the environmental health officer or the
local government thinks fit. >7
Regulation 13 amended
19. Regulation 13 of the principal regulations is amended -
(a)
by deleting "necessary for the inspection and tests" and substituting the following -
(6
required by an environmental health officer for an inspection under regulation 10 and any tests under regulation 12
and
(b) by deleting "the person installing the apparatus." and substituting the following - " the owner. ".
Regulation 14 repealed and a regulation substituted
20. Regulation 14 of the principal regulations is repealed and the following regulation is substituted -
(6 Fees for inspecting an apparatus
14. (1) In this regulation -
"major fixture" means a water closet, urinal outlet, slop hopper, under regulation 10 the owner shall pay the following fees, name y - pan washer or industrial waste outlet.
(2) Where an environmental health officer inspects an ap aratus P
(a) for an inspection under regulation 10 (1) -
(i) of one or 2 ma'or fixtures, the fee specified in item 3 (a) of schedule 1; and (ii) of each additional fixture, the fee specified in item 3 (b) of Schedule 1; and
(b) for an inspection under regulation 10 (3), the fee specified
in item 4 of Schedule 1. >7
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Regulation 15 amended
21. Regulation 15 of the principal regulations is amended -
(a) by deleting "The occupier of any premises whereon there is an apparatus," and substituting the following -
" A person ";
(b) by deleting "the apparatus" and substituting the following - " an apparatus "; and
(c) by deleting " the approval of the Executive Director, Public Health." and substituting the following - " written permission of the relevant local government. ".
Regulation 16 amended
22. Regulation 16 of the principal regulations is amended -
(a) by deleting "The Executive Director, Public Health may forbid" and substituting the following -
" A person shall not cause or permit ";
(b) by deleting "a septic tank" and substituting the following - " an apparatus ";
(c) by deleting "bacterial"; and (d) by deleting "the septic tank" and substituting the following - " the apparatus ".
Regulation 17 amended
23. Regulation 17 of the principal regulations is amended -
(a)
by deletin "No person shall turn into, or cause or suffer to enter," an d substituting the following -
<<
Without limiting regulation 16, a person shall not cause or
permit the discharge into
>7. 9
and
in paragraph (d) by deleting "militate against" and substituting
(b) the following - " affect ".
Regulation 18 repealed and regulations substituted
24. Regulation 18 of the principal regulations is repealed and the following regulations are substituted -
<<
Interfering with an apparatus
18. (1) In this regulation -
"interfere", in relation to an apparatus, means -
(a) to dismantle the apparatus;
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(b) to remove the apparatus wholly or in any part; or (c)
to alter or change the mode of operating the apparatus.
person shall not interfere with an apparatus without first obtaining the (2) Except as provided in subregulation (3) and regulation 20, a written permission of -
in the case of an apparatus to which regulation 4 applies,
(a) the local government; or (b) in the case of an apparatus to which regulation 4A applies, the Executive Director, Public Health.
(3) Subregulation (2) does not apply to, or in relation to - (a) an authorized person carrying out maintenance work on an aerobic treatment unit in accordance with these
regulations; or
(b) a person emptying an apparatus in accordance with -
(i) the Environmental Protection (Liquid Waste) Regulations 1996; or
(ii) regulation 46,
as the case requires.
Structures not to be erected above an apparatus
erected above any septic tank, aerobic treatment unit or drainage line if 18A. (1) A person shall not cause or permit any structure to be that structure - obstructs free access to the septic tank, aerobic treatment
(a) unit or drainage line; or (b) has walls on more than three sides.
government, cause or permit a receptacle for drainage - (2) A person shall not, without the permission of the relevant local
(a) to have any structure erected above it; (b) to be subject to vehicular traffic or be located less than 1.2 m from an area that is subject to vehicular traffic; or
(c) to be paved or covered with a surface treatment.
(3) Where, as permitted by a local government under subregulation (2), a receptacle for drainage is covered by paving or a surface treatment, the owner shall ensure that access points are provided -
(a)
that are suitable for the inspection or service of the receptacle for drainage; and
(b) that do not require the removal of the paving or surface
treatment. ,,
Regulation 19 amended
25. (1) Regulation 19 (1) of the princi a1 regulations is amended by
deleting "a septic tank7' and substituting the P ollowing - " an apparatus ".
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Regulation 19 (2) of the principal regulations is amended by deleting "any septic tank" and substituting the following -
(2)
" any apparatus ".
Regulations 20 and 21 repealed and a Division substituted
26. Regulations 20 and 21 of the principal regulations are repealed and the following Division is substituted -
(6
Division 3 - Decommissioning of an apparatus
Apparatus to be decommissioned if premises is connected to a sewer
20. Where a premises is connected to a sewer, the owner of those premises shall, as soon as practicable after the connection, decommission any apparatus on the premises in accordance with regulation 21.
Decommissioning an apparatus
21. Where an apparatus is required to be decommissioned under
these regulations or as a condition of an a proval of another apparatus
on the same premises, the apparatus shall i?, e decommissioned by - emptying the apparatus in accordance with -
(i) the Environmental Protection (Liquid Waste) Regulations 1996; or (ii) regulation 46, as the case requires;
in the case of a septic tank or aerobic treatment unit -(i) the removal of the tank or unit; or
(ii) where it is not practicable to remove the tank or unit, the backfilling of the apparatus with clean fill; and
the breaking up of the base of the tank or unit;
in the case where the decommissioning is a condition of an approval, the carrying out of such other works as may be specified in writing by the approving body.
>7
Regulation 22 and 23 repealed and a Division substituted
27. Regulations 22 and 23 of the principal regulations are repealed and the following Division is substituted -
<<
Division 4 -Review
Review of a decision of a local government
22. (1) A person who is aggrieved by a decision of a local
government under these regulations may apply in writing to the local
government for it to review the decision.
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subregulation (I), the local government shall, as soon as practicable (2) Where a local government has received an application under after receiving the application -
(a) make a determination in respect of the application; and (b)
provide to the person making the application a written notice -
(i) advising the person of the determination; and (ii) setting out the reasons for that determination.
Review of a decision of the Executive Director, Public Health
23. (1) A person who is aggrieved by a decision of the Executive Director, Public Health under these regulations may apply in writing to the Executive Director, Public Health for him or her to review the decision.
Where the Executive Director, Public Health has received an Health shall, as soon as practicable after receiving the application -
application under subregulation (I), the Executive Director, Public (2)
(a) make a determination in respect of the application; and (b)
provide to the person making the application a written notice -
(i) advising the person of that determination; and
(ii) setting out the reasons for that determination. > 7
Division 3 amended
28. Division 3 of the princi a1 regulations is amended by deleting the heading "DIVISION 3. - CON~TRUCTION AND SIZES OF SEPTIC TANKS AND SEDIMENTATION TANKS." and substituting the following heading -
PART 3 - CONSTRUCTION AND SIZES OF SEPTIC TANKS AND SEDIMENTATION TANKS
Regulation 27 amended
29. Regulation 27 of the principal regulations is amended by deleting"approved material." and substituting the following -
" material approved by the Executive Director, Public Health. ". Regulation 28 amended 30. Regulation 28 (2) of the principal regulations is amended by deleting "as approved." and substituting the following -
" as approved by the Executive Director, Public Health. ". Division 4 amended 31. Division 4 of the principal regulations is amended by deleting the heading "DIVISION 4. -RESTRICTED
FLUSH FIXTURES." and
substituting the following heading - " PART 4 - RESTRICTED FLUSH FIXTURES ".
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Regulation 39 amended
32. (1) Regulation 39 (2) of the principal regulations is amended by
deleting "approved under this regulation" and substituting the following -
"
approved by the Executive Director, Public Health under this regulation ".
(2) Regulation 39 (4) (a) of the principal regulations is amended by deleting "the approved depth" and substituting the following -
" the depth approved by the Executive Director, Public Health ". Regulation 42 amended 33. Regulation 42 of the principal regulations is amended by deleting
"Divisions" and substituting the following -
" Parts ".
Division 4A amended
34. Division 4A of the principal regulations is amended by deleting the
h e a d i n g " D I V I S I O N 4 A - M A I N T E N A N C E O F A E R O B I C TREATMENT UNITS" and substituting the following heading -
" PART 4A - MAINTENANCE OF AEROBIC TREATMENT UNITS ". Division 5 amended
35. Division 5 of the principal regulations is amended by deleting the following heading - heading "DIVISION 5. - DRY TYPE SEPTIC TANK." and substituting the
" PART 5 -
DRY TYPE SEPTIC TANK
".
Regulation 43 amended
36. Regulation 43 of the principal regulations is amended -
(a) by deleting "Divisions" and substituting the following - " Parts "; and
(b) in paragraph (i) by deleting "an approved mosquito proof cowl.'' and substituting the following -
a mosquito roof cowl approved by the Executive Director,
Public ~ e a l t R . )7
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Division 6 repealed and Part substituted
37. Division 6 of the principal regulations is repealed and the following Part is substituted -
PART 6 - EMPTYING A SEPTIC TANK, RECEPTACLE FOR
DRAINAGE OR AEROBIC TREATMENT UNIT
Emptying a septic tank, receptacle for drainage or aerobic treatment unit
46. Where the Environmental Protection (Liquid Waste)
Regulations 1996 do not apply, a septic tank, receptacle for drainage or
aerobic treatment unit shall be emptied -
(a) in a manner; and (b) by a person,
approved by the relevant local government. 9 , Division 7 amended
38. Division 7 of the principal regulations is amended by deleting the heading "DIVISION 7. -DISPOSAL
OF EFFLUENT AND LIQUID
WASTES." and substituting the following heading -
" PART 7 - DISPOSAL OF EFFLUENT AND LIQUID WASTES ". Regulation 48 amended
39. Regulation 48 of the principal regulations is amended by deleting "an
approved receptacle for drainage for the efficient disposal of liquid wastes."
and substituting the following -
<<
a receptacle for drainage approved by the Executive Director, Public
Health. 9 , Regulation 49 amended
40. (1) Regulation 49 (1) of the principal regulations is amended - (a) in parag~aph (a) by deleting "the approved application" and substituting the following - " an approval "; (b) in paragraph (b) -
(i) by deleting "or available"; and (ii) by deleting "or animals (c) in paragraph (d) by deleting "by the Executive Director, Public Health after considering the recommendations of the local authority".
Regulation 49 (4) of the principal regulations is amended by deleting "The Executive Director, Public Health, after considering the
(2)
recommendations of the local authority" and substituting the following -
" An approving body ".
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Regulation 49 (5) of the principal regulations is amended by deleting "The Executive Director, Public Health" and substituting the following -
(3)
" An approving body ".
Regulation 50 amended
Regulation 50 (1) of the principal regulations is amended -
by deleting "other approved material" and substituting the
following -
(6
other material approved by the Executive Director, Public
Health and 9 7 . 7 in paragraph (b) by deleting "an approved ventilated impervious receptacle fitted with a gas-tight cover," and substituting the following -
(6
a ventilated, impervious receptacle fitted with a gas-tight cover that is approved by the Executive Director, Public Health and
9 7 .
7 in paragraph (b) (iv) by deleting "by the Executive Director,
Public Health";
in paragraph (b) (v) by deleting "as directed by the local
authority;" and substituting the following -
" as approved; "; and
in each paragraph listed in the Table to this paragraph by deleting "by the Executive Director, Public Health, after considering the recommendations of the local authority".
Table
(c) (iii)
(d) (i) (d) (x) (4 (ii)
Regulation 50 (2) of the principal regulations is amended by deleting "approved fitting," and substituting the following -
(2)
" fitting approved by the Executive Director, Public Health, ". Division 8 amended 42. Division 8 of the principal regulations is amended by deleting the heading "DIVISION 8. -MANUFACTURING."
and substituting the
following heading - " PART 8 - MANUFACTURING ". Division 9 amended
43. Division 9 of the rincipal regulations is amended by deleting the heading "Division 9 -
0 ences and Penalties" and substituting the following
2
heading - " PART 9 - OFFENCES AND PENALTIES ".
| 4082 | GOVERNMENT GAZETTE, WA | [29 July 1997 |
Treatment of Sewage and Disposal of Effluent and Liquid
Waste Amendment Regulations (No. 2) 1997
Regulation 54 amended
44. Regulation 54 of the principal regulations is amended in the Table to
subregulation (1) - by inserting after "5 (4)," the following -
" 6 (2), ";
by inserting after "8," the following -
" 8A, ";
by inserting after "9," the following -
" 10 (5), ";
by inserting after "15," the following -
" 16, ";
by deleting "18," and substituting the following -
" 18 (2), 18A, ";
by deleting "21, 22," and substituting the following -
" 20 "; and
by inserting after "45," the following -
" 46, ".
Various references to "local authority" changed to "local government"
45. The principal regulations are amended in each regulation listed in the Table to this regulation by deleting "local authority" wherever it occurs and substituting in each case the following -
" local government ".
Table 9~ (2 places)
11 (2 places)
32 (j)
Various headings deleted
46. The principal regulations are amended by deleting each heading
immediately preceding the regulations listed in the Table to this regulation.
Table
| 29 July 19971 | GOVERNMENT GAZETTE, WA | 4083 |
Treatment of Sewage and Disposal of Effluent and Liquid
Waste Amendment Regulations (No. 2) 1997
Various references to "health surveyor" changed to "environmental health officer"
47. The principal regulations are amended in each regulation listed in the Table to this regulation by deleting "health surveyor" wherever it occurs and substituting in each case the following -
" environmental health officer ".
Table
Various references to "Division" changed to "Part"
48. The principal regulations are amended in each regulation listed in the Table to this regulation by deleting "Division" wherever it occurs and substituting in each case the following -
" Part ".
Table
37 (1)
38 (1)
39 (3) (3 places)
Schedule 1 inserted
49. After regulation 54 of the principal regulations the following Schedule
is inserted -
SCHEDULE 1
[Regs. 4, 4A and 141
FEES
Item Description Fee
$
1. Application for the approval of an apparatus by
local government under regulation 4 . . . . . . . . . 75.00 2. Application for the approval of an apparatus by the Executive Director, Public Health under regulation 4A -
(a) with a local government report . . . . . (b) without a local government report (regulation 4A (4)) . . . . . . . . . . . . . . . . . . 3. Fee for an inspection of an apparatus under
regulation 10 (1) -
(a) for one or 2 major fixtures . . . . . . . . . . . . (b) for each additional major fixture . . . . . . . 4. Fee for an inspection of an apparatus under
regulation 10 (3) . . . . . . . . . . . . . . . . . . . . . . . .
| 4084 | GOVERNMENT GAZETTE, WA | [29 July 1997 |
Treatment of Sewage and Disposal of Effluent and Liquid
Waste Amendment Regulations (No. 2) 1997
Schedule 2 repealed
50. Schedule 2 to the principal regulations is repealed.
Schedule 7 amended
51. Schedule 7 to the principal regulations is amended -
(a) in Form 1 by deleting "Local Authority" wherever it occurs and substituting the following -
" Local Government ";
in Form 2 by deleting "Local Authority" and substituting the
(b) following - " Local Government "; and
(c) in Form 3 by deleting "LOCAL AUTHORITY" and substituting the following -
" LOCAL GOVERNMENT ".
Transitional and savings
52. (1) In this regulation -
"amended regulations" means the principal regulations as amended by these regulations.
Executive Director, Public Health under the principal regulations is to be (2) An approval to construct or install an apparatus granted by the treated as if it were an approval granted under the amended regulations.
(3) A certificate for the use of an apparatus granted by a local government under the principal regulations is to be treated as a permit for the use of the apparatus granted under regulation 10 (2) of the amended regulations.
(4) Where -
(a) has been -
an application for approval to construct or install an apparatus
(i) made under regulation 4 (1) of the principal regulations; or (ii) the principal regulations; and submitted to a local government under regulation 4 ( la ) of the application has not been determined before the commencement of these regulations,
(b)
the application is to be dealt with under the principal regulations as if these
regulations had not come into operation.
Act 1984. ( 5 ) Nothing in this regulation limits the operation of the Interpretation By Command of the Governor,
J. PRITCHARD, Clerk of the Executive Council.
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