Water (General) Amendment Regulations 2025 (Vic)

Water (General) Amendment Regulations 2025

S.R. No. 59/2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocations

5Principal Regulations

6Objectives—Principal Regulations

7Definitions

8Computing period of service—service to be included

9Computing period of service—service not to be included

10New Parts 6, 7, 8 and 9 inserted

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Endnotes

STATUTORY RULES 2025

S.R. No. 59/2025

Water Act 1989

Water (General) Amendment Regulations 2025

The Governor in Council makes the following Regulations:

Dated: 17 June 2025

Responsible Minister:

GAYLE TIERNEY
Minister for Water

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Water (General) Regulations 2021—

(a)to amend the provisions relating to long service leave entitlements for employees of water corporations; and

(b)to prescribe matters relating to—

(i)trade waste; and

(ii)the estimation of the supply of water; and

(iii)the provision of sewerage services.

2Authorising provisions

These Regulations are made under sections 119 and 324 of the Water Act 1989.

3Commencement

These Regulations come into operation on 21 June 2025.

4Revocations

The following Regulations are revoked—

(a)the Water (Estimation, Supply and Sewerage) Regulations 2014[1];

(b)the Water (Trade Waste) Regulations 2014[2].

5Principal Regulations

In these Regulations, the Water (General) Regulations 2021[3] are called the Principal Regulations.

6Objectives—Principal Regulations

(1)In regulation (1)(d) of the Principal Regulations, for "corporations." substitute "corporations; and".

(2)After regulation 1(d) of the Principal Regulations insert—

"(e)to prescribe certain waste as trade waste for the purposes of the Water Act 1989; and

(f)to prescribe a condition to be included in agreements for the receipt and disposal of trade waste by a water corporation; and

(g)to provide generally for the management, protection and use of lands, waterways and works under the management and control of a water corporation; and

(h)to provide for sanitary drainage plans held by a water corporation, including—

(i)the lodging of plans of sanitary drains as they appear after they have been installed or altered; and

(ii)the providing of copies of the plans; and

(i)to prescribe ways of measuring water supply by water meter or other measuring device; and

(j)to prescribe ways of determining the quantity of water supply to land, other than by water meter or other measuring device; and

(k)to provide for the regulation of works and apparatus that are part of any private works; and

(l)to provide for the regular maintenance and cleaning of works and apparatus; and

(m)to prescribe penalties for contravening these Regulations; and

(n)to prescribe other matters and things required or permitted by the Water Act 1989 to be prescribed or necessary to be prescribed to give effect to that Act.".

7Definitions

(1)In regulation 5 of the Principal Regulations insert the following definitions—

"accessible stop valve means a stop valve that is placed—

(a)above ground; or

(b)below ground within a stop valve cover approved by the relevant water corporation;

backflow prevention device means a device for the purpose of preventing the reverse flow of water into a water corporation's reticulated water supply system;

Building Code of Australia has the same meaning as in section 3(1) of the Building Act 1993;

business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;

combined sanitary works means the part of any sanitary works that conveys or is intended to convey sewage or trade waste—

(a)from a relevant serviced property to the sewerage works and is located on another relevant serviced property; and

(b)from 2 or more relevant serviced properties to the sewerage works;

desalination process means any process (whether using reverse osmosis or otherwise) by which salts and minerals are removed from water;

emergency has the same meaning as in section 159A(3) of the Act;

extended private water supply works, in relation to a relevant serviced property for which no property service pipe has been installed by or on behalf of a water corporation, means the property service pipe—

(a)installed between the property and a water corporation's water main by the property owner; and

(b)connected to the water main with the consent of the water corporation under section 145 of the Act;

Note

Section 145 of the Act provides that a water corporation may consent to a person's works being connected to the works of the water corporation and that consent may be subject to any terms and conditions the water corporation thinks fit.

extended sanitary works, in relation to a relevant serviced property for which no sanitary drain has been installed by or on behalf of a water corporation, means the sanitary drain—

(a)installed between the property and a water corporation's sewer main by the property owner; and

(b)connected to the sewer main with the consent of the water corporation under section 145 of the Act;

Note

Section 145 of the Act provides that a water corporation may consent to a person's works being connected to the works of the water corporation and that consent may be subject to any terms and conditions the water corporation thinks fit.

good working order, in relation to works, includes that the works operate in a hygienic manner and are not subject to any damage that allows water or sewage to infiltrate or leak from the works;

inspection opening, in relation to sewerage works, means an access opening, in a pipe or pipe fitting, that is—

(a)installed to facilitate inspection, testing or the clearing of obstructions; and

(b)fitted with a threaded cap or plug or an access cover;

inspection shaft, in relation to a sanitary drain, means a shaft constructed in the line of the drain for the purpose of locating, inspecting and clearing the drain;

licensed plumber has the same meaning as in section 221B(1) of the Building Act 1993;

occupier, in relation to any land, includes—

(a)a person who occupies or is in control of the land, whether or not that person owns it; and

(b)a person who occupies or is in control of any part of the land, if different parts of the land are occupied by different persons;

parental leave means any of the following—

(a)maternity leave;

(b)paternity leave;

(c)partner leave;

(d)adoption leave;

plumber means a licensed plumber or a registered plumber;

pressure sewer system—

(a)means a sewer system that conveys sewage under pressure by pumping units contained on a relevant serviced property to a nominated discharge point or sewer main; and

(b)includes any tanks, pumps, control boxes and electrical or hydraulic components that are part of the system referred to in paragraph (a);

primary meter means the first water meter installed on land after the water main, whether or not another water meter is installed on the land;

private data logger means a private device, apparatus or equipment fitted to a water meter that measures the volumetric flow of water that is also measured by the water meter;

private fire service means that part of any works from the water main of a water corporation to an outlet on a relevant serviced property, other than a relevant serviced property that is a Class 1 building within the meaning of the Building Code of Australia, if the outlet is designed to supply water to the property for the principal purpose of combating an outbreak of fire on the property, whether or not that part of the works is also connected to another outlet used for purposes other than combating an outbreak of fire;

private water supply works, in relation to a relevant serviced property, means the property service pipe (including any backflow prevention device installed to the pipe, any access cover and inspection opening to a stop valve and any other fixtures or fittings other than a water meter) from the outlet of any fixtures installed on the relevant serviced property to the property service works, but does not include any extended private water supply works;

property service pipe means the water supply pipe connecting the water main of a water corporation to the outlet of any fixtures installed on a relevant serviced property;

property service works, in relation to a relevant serviced property, means the property service pipe (including any stop valves and any other fixtures or fittings other than a water meter) from a water main of a water corporation to—

(a)the primary meter; or

(b)the property boundary, if the primary meter is more than 2 metres inside the property boundary; or

(c)the first accessible stop valve—

(i)if the primary meter or part of the property service pipe is within or beneath the walls of a structure built on the relevant serviced property; or

(ii)if there is no water meter;

registered plumber has the same meaning as in section 221B(1) of the Building Act 1993;

relevant serviced property means land that is declared to be a serviced property in accordance with section 144(1)(a) or (b) of the Act;

relevant water corporation, in relation to any land, thing or work, means the water corporation authorised to exercise powers and perform functions in a water supply district or sewerage district within which—

(a)the land or thing is situated or is to be situated; or

(b)that work is being or is to be carried out;

road has the same meaning as in section 3(1) of the Road Management Act 2004;

sanitary drain means a line of pipes (including all fittings) conveying or intended to convey sewage or trade waste from a building or structure on a relevant serviced property to the sewer main of a water corporation;

sanitary works means the sanitary drain (including any inspection shafts fitted to the drain) from a building or structure on a relevant serviced property to the sewerage works, but does not include any extended sanitary works;

sewermain means the pipe to which all relevant serviced properties are connected by a sanitary drain for the discharge of sewage and trade waste;

sewerage works, in relation to a relevant serviced property, means—

(a)if the sewer main is located outside the property boundary and an inspection opening is installed, the sanitary drain from the sewer main to—

(i)the inspection opening; or

(ii)one metre inside the property boundary, if the inspection opening is more than one metre inside the property boundary; or

(b)if the sewer main is located outside the property boundary and an inspection opening is not installed, the sanitary drain from the sewer main to one metre inside the property boundary; or

(c)if the sewer main is located outside the property boundary and an inspection opening is not installed inside the property boundary because a structure on the property prevents the installation of an inspection opening inside the property boundary, the sanitary drain from the sewer main to—

(i)one metre from the structure; or

(ii)another location that is less than one metre from the structure in accordance with the consent of a water corporation under section 145 or 148 of the Act; or

(d)if the sewer main is located inside the property boundary and an inspection opening is installed, the sanitary drain from the sewer main to—

(i)the inspection opening; or

(ii)one metre from the side of the sewer main facing the centre of the property if the inspection opening is more than one metre inside the property; or

(e)if the sewer main is located inside the property boundary and an inspection opening is not installed, the sanitary drain from the sewer main to one metre from the side of the sewer main facing the centre of the property;

stop valve means a flow control fitting capable of both regulating and shutting off the flow in a water main or property service pipe, and includes any fitting of the stop tap type, gate valve type or ferrule tap type;

water meter means any device or equipment used by a water corporation to measure the volumetric flow of water by any means, including analogue, digital or mechanical meters with integrated remote read;".

(2)At the end of regulation 5 of the Principal Regulations insert—

"(2)In these Regulations, a reference to a water main includes a reference to any stop valve and any fittings located at a connection between the water main and a property service pipe.".

8Computing period of service—service to be included

In regulation 21(1) of the Principal Regulations—

(a)in paragraphs (a) and (b), after "period of service" insert "before 1 July 2025";

(b)after paragraph (b) insert—

"(ba)any period of service occurring on or after 1 July 2025 during which the employee was absent from duty on leave on full pay or half pay;

(bb)any period of service occurring on or after 1 July 2025 during which the employee was absent from duty on parental leave without pay;

(bc)any period of service occurring before 1 July 2025 during which the employee was absent from duty on parental leave without pay if that leave of absence continued on or after 1 July 2025;

(bd)any period of service, up to 52 weeks, occurring on or after 1 July 2025 during which the employee was absent from duty on any leave without pay (other than leave referred to in paragraph (bb));".

9Computing period of service—service not to be included

In regulation 22(1) of the Principal Regulations—

(a)for paragraph (d) substitute—

"(d)any period before 1 July 2025 during which the employee was absent from duty on parental leave without pay if that leave of absence concluded before 1 July 2025; or";

(b)in paragraph (e), after "period" insert "before 1 July 2025".

10New Parts 6, 7, 8 and 9 inserted

After Part 5 of the Principal Regulations insert—

"PART 6—TRADE WASTE

31Trade waste for the purposes of the Act

The following waste is prescribed as trade waste for the purposes of the Act—

(a)any superfluous matter derived from, or that is a by-product of, a trade, industrial, commercial, medical, dental, veterinary, agricultural, horticultural or scientific activity;

(b)any waste matter (other than waste matter that is discharged from private residences)—

(i)that consists solely or partly of food; or

(ii)that results from any process connected with the preparation of food;

(c)any waste matter discharged from a laundry—

(i)used for the purposes of a private or public hospital, school or other institution; or

(ii)used for the purposes of a hotel, motel or similar establishment; or

(iii)the use of which is subject to the payment of a fee; or

(iv)used for any other commercial purpose;

(d)any waste matter discharged from—

(i)any cooling, refrigeration or air-conditioning system installed on premises on which an activity referred to in paragraph (a) occurs; or

(ii)a ship's ballast; or

(iii)municipal or commercial swimming pools, including filter backwash effluent; or

(iv)any primary, secondary or tertiary educational establishment, if the matter is a by-product of a scientific, artistic or photographic activity or any trade based training activity;

(e)any superfluous matter derived from, or that is a by-product of, a desalination process or that is discharged from works used in a desalination process, whether on residential or non-residential premises, other than from permanent sub-surface or groundwater extraction systems;

(f)any superfluous matter derived from, or that is a by-product of, a groundwater quality monitoring system, a groundwater extraction and disposal system or a groundwater treatment system;

(g)any superfluous matter derived from, or that is a by-product of, construction activities;

(h)run-off from water used to extinguish a fire or to deal with any other hazard or emergency on premises on which an activity referred to in paragraph (a) occurs;

(i)leachate from any private, commercial or municipal landfill or from a commercial composting or vermiculture facility;

(j)sewage sludge from a facility for the disposal of septic tank sludge or sewage treatment plant sludge.

Notes

1 A water corporation that has a sewerage district has trade waste functions if the water corporation so decides—see section 173(1)(a) of the Act.

2 A person must not cause or permit trade waste to be discharged into a sewerage system other than in accordance with a trade waste agreement—see section 178(1)(b) of the Act.

PART 7—TRADE WASTE AGREEMENTS

32Condition of trade waste agreements

It is a condition of a trade waste agreement that a water corporation may disconnect a trade waste connection, direct a party to that agreement to disconnect a trade waste connection or immediately require a customer under that agreement to cease or vary their discharge via a trade waste connection—

(a)during an emergency; or

(b)during a period in which there is a threat of damage to any system used by the water corporation for the conveyance, treatment, re-use or supply of treated wastewater; or

(c)during a period in which the discharge of trade waste into the water corporation's sewerage system may cause the water corporation—

(i)to breach a licence issued under the Environment Protection Act 2017 that the water corporation holds for the reprocessing, treatment, storage, containment, disposal or handling of waste; or

(ii)to fail to comply with the general environmental duty under section 25(1) of the Environment Protection Act 2017 in relation to the reprocessing, treatment, storage, containment, disposal or handling of waste.

PART 8—WATER METERS, BACKFLOW PREVENTION DEVICES AND MAINTENANCE

33Notification of loss of or damage to water meters by occupiers of land

An occupier of land must notify the relevant water corporation of the loss of, or damage to, a water meter installed on the land within 2 business days after first becoming aware of the loss or damage.

Penalty:5 penalty units.

34Custody of water meters by plumbers

(1)A plumber to whom a water meter is supplied by a water corporation must take reasonable steps to ensure that the water meter—

(a)is not damaged or destroyed during installation or while in the custody of the plumber; and

(b)is not lost or stolen while in the custody of the plumber; and

(c)is properly installed on the land for which the water meter was supplied.

Penalty:10 penalty units.

(2)For the purpose of subregulation (1), a water meter is taken to be in the custody of the plumber from the time the water meter is supplied to the plumber by the water corporation until the time it is properly installed on the land for which it was supplied.

35Removal of water meters by plumbers

(1)A plumber contracted to remove a water meter must take reasonable steps to ensure that the water meter—

(a)is not damaged or destroyed during removal or while in the custody of the plumber; and

(b)is not lost or stolen while in the custody of the plumber.

Penalty:10 penalty units.

(2)For the purpose of subregulation (1), a water meter is taken to be in the custody of the plumber contracted to remove the water meter from the time the water meter is removed from the land by the plumber until the time the water meter is returned to the relevant water corporation.

36Testing of water meters

(1)The owner or occupier of land may, orally or in writing, request the relevant water corporation to test the accuracy and reliability of any water meter of the relevant water corporation installed on the land.

(2)At the request of a person under subregulation (1), the water corporation must—

(a)arrange for the testing of the water meter within 10 business days after receiving the request; and

(b)notify the person in writing of the results of the test within 5 business days after completing the tests.

(3)For the purpose of subregulation (2)(a), the water corporation may remove the water meter from the land.

(4)If a water meter is removed from land under this regulation, the water corporation must—

(a)test the water meter in accordance with the National Trade Measurement Regulations 2009 of the Commonwealth to determine its accuracy; and

(b)replace the water meter, at the time of its removal, with another water meter.

37Estimation of water supplied etc.

For the purpose of section 142A(2)(b) of the Act, the water corporation may estimate the amount of water by—

(a)having regard to—

(i)the size of the land or its irrigation area; and

(ii)the flow rate; and

(iii)the duration of the supply, delivery, use or take; or

(b)if a water meter is not functioning accurately but has a consistent recording error, applying a correction factor.

38Estimation of water supplied through a private fire service

(1)A water corporation may estimate the quantity of water supplied through a private fire service by reference to any type of water meter.

(2)For the purpose of subregulation (1), if the water corporation uses a bypass water meter, or a water meter that measures a fraction of the water, the water corporation may apply a multiplication factor to the amount recorded by the water meter to estimate the total quantity of water supplied through the private fire service.

39Connection of private data loggers or other private devices, apparatuses or equipment to a water meter

(1)An owner or occupier of land must not connect a private data logger or any other private device, apparatus or equipment to a water meter on the land without the written consent of the relevant water corporation.

Penalty:15 penalty units.

(2)An owner or occupier of land who connects a private data logger or any other private device, apparatus or equipment to a water meter on the land with the written consent of the relevant water corporation must comply with any conditions in the written consent regarding the installation and use of that private data logger or private device, apparatus or equipment.

Penalty:15 penalty units.

(3)A water corporation, by written notice, may direct an owner or occupier of land on which there is a private data logger or any other private device, apparatus or equipment connected to a water meter to disconnect that private data logger or private device, apparatus or equipment from the water meter.

(4)An owner or occupier of land must comply with a written notice under subregulation (3).

Penalty:15 penalty units.

40Property owner to fit backflow prevention device

(1)A relevant water corporation, by written notice, may direct the owner of a relevant serviced property to arrange for a plumber to install a backflow prevention device to the property's private water supply works or private fire service.

(2)A notice under subregulation (1) must—

(a)specify the type of device to be installed; and

(b)include directions in relation to the installation of the device; and

(c)specify the period in which the owner must comply with the notice, being a period of at least 10 business days after the notice is issued.

(3)The owner of the relevant serviced property must comply with the notice under subregulation (1).

Penalty:20 penalty units.

(4)The owner of the relevant serviced property must notify the relevant water corporation, in writing, of compliance with the notice under subregulation (1) within 5 business days after complying with the notice.

Penalty:5 penalty units.

41Testing of backflow prevention device

(1)A water corporation, by notice in writing to the owner of a relevant serviced property, may direct the owner to arrange for a plumber to test a backflow prevention device installed on that relevant serviced property.

(2)The owner of the relevant serviced property must comply with the notice under subregulation (1).

Penalty:15 penalty units.

(3)If the results of the test carried out under subregulation (1) show that the backflow prevention device is not operating efficiently, the owner of the relevant serviced property must arrange for the repair or replacement of the device.

(4)Within 20 business days after receiving the notice under subregulation (1), the owner of the relevant serviced property must provide the following information, in writing, to the water corporation—

(a)the results of the test;

(b)if subregulation (3) applies, advice that the backflow prevention device has been repaired or replaced.

Penalty:5 penalty units.

42Property owner obligations

(1)The owner of a relevant serviced property must take all reasonable steps to maintain and keep in good working order all parts of the property's private water supply works.

Penalty:15 penalty units.

(2)The owner of a relevant serviced property must take all reasonable steps to maintain and keep in good working order all pipes and fittings of the property's private fire service, including all stop valves after the water main but excluding any of the relevant water corporation's water meters.

Penalty:15 penalty units.

43Water corporation obligations

A water corporation must take all reasonable steps to maintain and keep in good working order all parts of the property service works for its relevant serviced properties.

44Extended private water supply works

Nothing in this Part applies in relation to the extended private water supply works of a relevant serviced property for which no property service pipe has been installed by or on behalf of a water corporation.

Note

These works are owned and managed by the owner of the relevant serviced property to which the works are connected with consent given by a water corporation under section 145 of the Act.

PART 9—SANITARY DRAINS, SANITARY DRAINAGE PLANS AND MAINTENANCE

45 Connection to sewerage works

(1)The owner of a relevant serviced property to be connected to sewerage works must ensure that, unless otherwise approved by the relevant water corporation, the property is not drained into those sewerage works using a combined sanitary drain.

Penalty:20 penalty units.

(2)The owner of a relevant serviced property to be connected to sewerage works must ensure that, unless otherwise approved by the relevant water corporation, the sanitary drain connecting the property to the sewerage works is wholly within the boundary of the property.

Penalty:20 penalty units.

46Sanitary drainage plans

Within 5 business days after installing or altering sanitary works on a relevant serviced property, the plumber who installed or altered the works must submit a sanitary drainage plan to the relevant water corporation, in the form approved by the relevant water corporation, showing the sanitary works as they appear after they have been installed or altered.

Penalty:10 penalty units.

47Maintenance of sanitary works

(1)The owner of a relevant serviced property must take all reasonable steps to maintain and keep in good working order all sanitary works relating to that property.

Penalty:15 penalty units.

(2)Subject to subregulation (4), if 2 or more relevant serviced properties are connected to sewerage works by way of combined sanitary works, each owner of the relevant serviced properties must take reasonable steps to maintain and keep in good working order the combined sanitary works.

Penalty:15 penalty units.

(3)Subject to subregulation (4), the owners of 2 or more relevant serviced properties connected to sewerage works by way of combined sanitary works are jointly and severally liable for the cost of maintaining and keeping in good working order the combined sanitary works.

(4)Subregulations (2) and (3) do not apply to the extent of any inconsistency with terms contained in any of the following as to the apportionment of responsibility for the combined sanitary works—

(a)a plan of subdivision;

(b)the rules of an owners corporation;

(c)a written agreement between the owners of the relevant serviced properties.

48Maintenance of sewerage works and extended sanitary works

(1)A water corporation must take all reasonable steps to maintain and keep in good working order all sewerage works for its relevant serviced properties.

(2)A water corporation must take all reasonable steps to maintain and keep in good working order all extended sanitary works for its relevant serviced properties that are within a road.

49Trade waste

Nothing in this Part applies in relation to any trade waste that is discharged in accordance with a trade waste agreement or with the consent of the relevant water corporation.

50Pressure sewer systems

Nothing in this Part applies in relation to a pressure sewer system.

Note

Pressure sewer systems are managed by agreement between water corporations and owners of relevant serviced properties.

51Extended sanitary works

Subject to regulation 48(2), nothing in this Part applies in relation to extended sanitary works of a relevant serviced property.".

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ENDNOTES

[1] Reg. 4(a): S.R. No. 87/2014 as extended in operation by S.R. No. 52/2024.

[2] Reg. 4(b): S.R. No. 88/2014 as extended in operation by S.R. No. 53/2024.

[3] Reg. 5: S.R. No. 14/2021.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59 and for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.