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This is a Bill, not an Act. For current law, see the Acts databases.
Plumbing Bill 2010
No , 2010
A Bill for
An Act to provide for the establishment of a single plumbing regulator; to provide
for the regulation of the carrying out of plumbing and drainage work; and for other
purposes.
Clause 1 Plumbing Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Plumbing Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
approved form means a form approved by the plumbing regulator. 9
authorised fitting means a fitting that has been authorised by the 10
plumbing regulator under section 14. 11
authorised person means a person to whom the plumbing regulator has 12
issued an authority under section 20 (1) (a). 13
certificate of compliance means a certificate under section 11. 14
drainage installation has the meaning given by section 4 (4). 15
network utility operator means: 16
(a) the Hunter Water Corporation constituted under the Hunter 17
Water Act 1991, and 18
(b) the Sydney Water Corporation constituted under the Sydney 19
Water Act 1994, and 20
(c) a licensed network operator under the Water Industry 21
Competition Act 2006, and 22
(d) a water supply authority under the Water Management Act 2000, 23
and 24
(e) a local council or county council exercising water or sewerage 25
functions. 26
plumbing and drainage work has the meaning given by section 4. 27
Plumbing Code of Australia means the document in force from time to 28
time called the Plumbing Code of Australia, produced for all State 29
governments by the National Plumbing Regulators Forum. 30
plumbing installation has the meaning given by section 4 (2). 31
plumbing regulator means the Director-General of the Department of 32
Services, Technology and Administration. 33
premises includes land and buildings. 34
Page 2
Plumbing Bill 2010 Clause 4
Preliminary Part 1
repair includes make good, replace, reconstruct, remove, alter, cleanse 1
or clear. 2
responsible person, for plumbing and drainage work, means the person 3
who: 4
(a) is carrying out the plumbing and drainage work in the person's 5
capacity as the holder of an appropriate licence under the Home 6
Building Act 1989, or 7
(b) if the person carrying out the plumbing and drainage work is 8
doing the work on behalf of the holder of an appropriate licence 9
under the Home Building Act 1989, the holder of the licence. 10
sanitary drainage system has the meaning given by section 4 (5). 11
sanitary plumbing system has the meaning given by section 4 (3). 12
(2) Notes included in this Act do not form part of this Act. 13
4 Meaning of "plumbing and drainage work" 14
(1) Plumbing and drainage work means the construction of, or work on: 15
(a) a plumbing installation, downstream from its point of connection 16
to: 17
(i) a water supply system, or 18
(ii) an alternative water supply system, or 19
(b) a sanitary plumbing system, or 20
(c) a drainage installation, upstream from its point of connection to: 21
(i) an authorised disposal system or authorised reuse system, 22
or 23
(ii) an on-site wastewater management or treatment system, or 24
(iii) a network utility operator's sewerage system, or 25
(d) a sanitary drainage system. 26
(2) A plumbing installation is an installation that conveys, or controls the 27
conveyance of, water but does not include anything connected to, 28
extending or situated beyond the outlet from a fixture, fitting or 29
pressurised line. 30
(3) A sanitary plumbing system means an assembly of pipes, fittings, 31
fixtures and appliances used to collect and convey sewage to a sanitary 32
drainage system. 33
(4) A drainage installation is an installation that conveys or controls the 34
conveyance of sewage or other wastewater. 35
(5) A sanitary drainage system means an assembly of pipes, fittings and 36
apparatus (usually located below ground level) used to collect and 37
Page 3
Clause 4 Plumbing Bill 2010
Part 1 Preliminary
convey the discharge from a sanitary plumbing system, together with 1
discharge from fixtures directly connected to a drain, to a sewer. 2
(6) Plumbing and drainage work does not include any of the following 3
work: 4
(a) the construction of, or work on, stormwater pipes, 5
(b) the construction of, or work on, fire suppression systems, 6
(c) the construction of, or work on, network utility operator or local 7
council water or stormwater mains, sewers or sewerage systems, 8
(d) roof plumbing, 9
(e) work that: 10
(i) involves repairing a tap or showerhead in a dwelling (other 11
than a repair of a thermostatic mixing valve, tempering 12
valve or backflow prevention device) or the installation of 13
water-restricting or flow-regulating devices to tap end 14
fittings (including showerheads) in a dwelling, and 15
(ii) is carried out by the owner or occupier of the dwelling, or 16
a person authorised to carry out the work by the owner or 17
occupier of the dwelling who does not receive payment or 18
other consideration for carrying out the work. 19
Page 4
Plumbing Bill 2010 Clause 5
Plumbing and drainage work Part 2
Part 2 Plumbing and drainage work 1
Division 1 General requirements for plumbing and drainage 2
work 3
5 Plumbing and drainage work to comply with certain standards 4
(1) The responsible person for plumbing and drainage work must ensure the 5
work complies with: 6
(a) any of the following: 7
(i) the Plumbing Standard, 8
(ii) an alternative solution under the Plumbing Code of 9
Australia that: 10
(A) complies with the relevant performance 11
requirements under that Code, or 12
(B) is at least equivalent to the Plumbing Standard, 13
(iii) a combination of subparagraphs (i) and (ii), and 14
(b) any other standards or requirements prescribed by the 15
regulations. 16
Maximum penalty: 100 penalty units in the case of an individual and 17
200 penalty units in the case of a corporation. 18
Note. See also the Home Building Act 1989 which provides that a person must 19
not contract to do, or do, plumbing and drainage work unless the person holds, 20
or is otherwise doing the work under the authority of, an appropriate licence 21
under that Act. 22
(2) In this section: 23
Plumbing Standard means a standard prescribed by the regulations for 24
the purposes of this definition. 25
6 Authorised fittings to be used for plumbing and drainage work 26
The responsible person for plumbing and drainage work must ensure 27
any fitting used in the plumbing and drainage work is an authorised 28
fitting. 29
Maximum penalty: 100 penalty units in the case of an individual and 30
200 penalty units in the case of a corporation. 31
Division 2 Notice of work for plumbing and drainage work 32
7 Notice of work required for plumbing and drainage work 33
(1) A person must not carry out plumbing and drainage work unless: 34
Page 5
Clause 8 Plumbing Bill 2010
Part 2 Plumbing and drainage work
(a) the responsible person for the plumbing and drainage work has 1
given notice of the work to the plumbing regulator in accordance 2
with subsection (2), and 3
(b) if the scope of the plumbing and drainage work has changed in a 4
material way since notice of the work was given to the plumbing 5
regulator, a further notice of the work has been given to the 6
plumbing regulator. 7
Maximum penalty: 100 penalty units in the case of an individual and 8
200 penalty units in the case of a corporation. 9
(2) A notice of work must be: 10
(a) made in the approved form, and 11
(b) given to the plumbing regulator not less than the period (if any) 12
prescribed by the regulations before the plumbing and drainage 13
work is intended to be carried out. 14
(3) Subsection (1) does not apply if: 15
(a) the plumbing and drainage work is done in an emergency: 16
(i) to prevent waste of water, or 17
(ii) to restore a water supply that has been shut off to prevent 18
waste of water, or 19
(iii) to free a choked pipe, or 20
(iv) to protect public health or safety, or 21
(v) to prevent damage to property, and 22
(b) the responsible person for the plumbing and drainage work gives 23
the plumbing regulator a notice that the work has been done 24
within the period prescribed by the regulations after carrying out 25
the work. 26
8 Responsible person's obligation to give notice of defective plumbing 27
installation or sanitary plumbing system 28
(1) This section applies if: 29
(a) the responsible person for plumbing and drainage work being 30
carried out on land has given notice of the work to the plumbing 31
regulator under section 7, and 32
(b) in the course of carrying out the plumbing and drainage work the 33
responsible person, or a person carrying out the plumbing and 34
drainage work on the responsible person's behalf, becomes aware 35
that a plumbing installation, sanitary plumbing system, drainage 36
installation or sanitary drainage system on the land is defective. 37
Page 6
Plumbing Bill 2010 Clause 9
Plumbing and drainage work Part 2
(2) The responsible person must give written notice of the defective 1
installation or system to: 2
(a) the owner of the land, and 3
(b) if the owner of the land does not occupy the land, the occupier of 4
the land. 5
Maximum penalty: 100 penalty units in the case of an individual and 6
200 penalty units in the case of a corporation. 7
(3) The responsible person must also give written notice of the defective 8
installation or system to the plumbing regulator if the installation or 9
system poses an imminent threat to public health or safety. 10
Maximum penalty: 100 penalty units in the case of an individual and 11
200 penalty units in the case of a corporation. 12
Division 3 Inspection of plumbing and drainage work 13
9 Inspection of plumbing and drainage work 14
(1) A responsible person for plumbing and drainage work must before, or 15
as soon as practicable after, completing the work notify the plumbing 16
regulator when the work will be ready for inspection by the plumbing 17
regulator. 18
Maximum penalty: 100 penalty units in the case of an individual and 19
200 penalty units in the case of a corporation. 20
(2) The responsible person may give the plumbing regulator notice that the 21
plumbing and drainage work is ready for inspection only if the fee 22
prescribed by the regulations for the inspection has been paid to the 23
plumbing regulator. 24
(3) On being notified by the responsible person that the plumbing and 25
drainage work is available for inspection, the plumbing regulator must 26
advise the responsible person: 27
(a) of the period during which the plumbing and drainage work must 28
be available for inspection by the plumbing regulator, and 29
(b) that the responsible person must ensure the plumbing and 30
drainage work is accessible for inspection during that period. 31
(4) The responsible person must, unless the responsible person has a 32
reasonable excuse: 33
(a) ensure the plumbing and drainage work is accessible and ready to 34
be inspected during the period specified by the plumbing 35
regulator, and 36
Page 7
Clause 10 Plumbing Bill 2010
Part 2 Plumbing and drainage work
(b) be present during that period at the place at which the plumbing 1
and drainage work has been carried out. 2
Maximum penalty: 100 penalty units in the case of an individual or 3
200 penalty units in the case of a corporation. 4
(5) To avoid any doubt, the plumbing regulator may carry out more than 5
one inspection of the plumbing and drainage work if the regulator 6
considers it necessary in the circumstances. 7
10 Defective plumbing and drainage work 8
(1) The plumbing regulator may, by written notice given to the responsible 9
person for plumbing and drainage work, direct the responsible person: 10
(a) to repair, as specified by the plumbing regulator, work done 11
otherwise than in accordance with good trade practice, or 12
(b) to bring into conformity with section 5 work done otherwise than 13
in accordance with that section, or 14
(c) to repair, as specified by the plumbing regulator, a defective 15
fitting used in any of the work done, or 16
(d) if a fitting used in the plumbing and drainage work is not an 17
authorised fitting, to replace the fitting with an authorised fitting, 18
or 19
(e) to disconnect the supply of water to premises, or part of premises, 20
if there is a risk to public health. 21
(2) A responsible person to whom a direction is given must comply with the 22
direction, unless the responsible person has a reasonable excuse. 23
Maximum penalty: 100 penalty units in the case of an individual or 24
200 penalty units in the case of a corporation. 25
(3) If a direction is given to a responsible person before a certificate of 26
compliance is given for the plumbing and drainage work, the 27
responsible person must not continue with the work until the direction 28
has been complied with. 29
Maximum penalty: 100 penalty units in the case of an individual and 30
200 penalty units in the case of a corporation. 31
(4) A direction ceases to have effect if the plumbing and drainage work the 32
subject of the direction is the subject of an order made by the Consumer, 33
Trader and Tenancy Tribunal under the Home Building Act 1989. 34
(5) A direction is of no effect if it is issued more than 2 years after the 35
plumbing and drainage work to which it relates has been completed. 36
Page 8
Plumbing Bill 2010 Clause 11
Plumbing and drainage work Part 2
Division 4 Obligation to supply certificates and plans 1
11 Person to give certificate of compliance after work completed 2
(1) The responsible person for plumbing and drainage work must, within 3
the period prescribed by the regulations after completing the work: 4
(a) give the plumbing regulator a certificate of compliance that 5
complies with subsection (2), and 6
(b) give a copy of the certificate to the owner of the premises on 7
which the work was done or to which the work was connected. 8
Maximum penalty: 100 penalty units in the case of an individual and 9
200 penalty units in the case of a corporation. 10
(2) A certificate of compliance must: 11
(a) be in the approved form, and 12
(b) certify that the plumbing and drainage work to which it relates 13
has been completed in accordance with section 5. 14
(3) For the purposes of this section, plumbing and drainage work is 15
completed by a responsible person when the first of the following 16
occurs: 17
(a) the responsible person completes, in accordance with this Act, 18
the whole of the plumbing and drainage work the person was 19
engaged to carry out and the period during which the plumbing 20
and drainage work must be available for inspection by the 21
plumbing regulator has ended, 22
(b) the whole of the plumbing and drainage work the responsible 23
person was engaged to carry out is capable of being used in 24
accordance with this Act and the period during which the 25
plumbing and drainage work must be available for inspection by 26
the plumbing regulator has ended. 27
12 Supply of plans 28
(1) On completion of plumbing and drainage work that consists of or 29
includes carrying out work on a sanitary drainage system, the 30
responsible person for the work must supply a plan of the work, in the 31
approved form, to the following persons: 32
(a) the owner of the land, 33
(b) either: 34
(i) the plumbing regulator, or 35
Page 9
Clause 13 Plumbing Bill 2010
Part 2 Plumbing and drainage work
(ii) if the sanitary drainage system is in the area of a local 1
council to which functions under this Act have been 2
delegated, the local council. 3
Maximum penalty: 100 penalty units in the case of an individual and 4
200 penalty units in the case of a corporation. 5
(2) If a person prepares a plan of a sanitary drainage system other than 6
under subsection (1) the person must supply a copy of the plan, in the 7
approved form, to the following persons: 8
(a) the owner of the land, 9
(b) either: 10
(i) the plumbing regulator, or 11
(ii) if the sanitary drainage system is in the area of a local 12
council to which functions under this Act have been 13
delegated, the local council. 14
Maximum penalty: 100 penalty units in the case of an individual and 15
200 penalty units in the case of a corporation. 16
Division 5 Obligation of land owners and occupiers 17
13 Obligation to prevent threats to public health or safety 18
(1) This section applies if the owner or occupier of land has control of a 19
water service or sewerage installation located on the land. 20
(2) The owner or occupier must take all reasonable steps to ensure the water 21
service or sewerage installation does not threaten public health or 22
safety. 23
Maximum penalty: 100 penalty units in the case of an individual and 24
200 penalty units in the case of a corporation. 25
Page 10
Plumbing Bill 2010 Clause 14
Plumbing regulator Part 3
Part 3 Plumbing regulator 1
14 Authorisation of fittings used for plumbing and drainage work 2
(1) The plumbing regulator may, by order published on the regulator's 3
website, authorise a fitting for use for plumbing and drainage work. 4
(2) The plumbing regulator's authorisation may: 5
(a) apply generally or be limited in its application by reference to 6
specified exceptions or factors, or 7
(b) apply differently according to different factors of a specified 8
kind. 9
15 Exemption from certain requirements 10
(1) The plumbing regulator may exempt a person, or any specified class of 11
persons, from any or all of the following requirements of this Act: 12
(a) the requirement to give the plumbing regulator notice of 13
plumbing and drainage work under section 7, 14
(b) the requirement to notify the plumbing regulator that plumbing 15
and drainage work is ready for inspection, 16
(c) the requirement to complete a certificate of compliance with 17
respect to plumbing and drainage work, 18
(d) the requirement to use only authorised fittings for plumbing and 19
drainage work. 20
(2) An exemption under subsection (1) (a)(c) may relate to plumbing and 21
drainage work generally or to a specified kind or kinds of plumbing 22
work. 23
(3) An exemption under subsection (1) (d) may relate to fittings generally 24
or to a specified kind or kinds of fitting. 25
(4) The plumbing regulator may vary or revoke any exemption granted by 26
the plumbing regulator. 27
(5) Notice of any exemption granted by the plumbing regulator, or of any 28
variation or revocation of such an exemption, may be given in the way 29
the plumbing regulator considers appropriate. 30
(6) A person in respect of whom an exemption ceases to have effect by 31
reason of the variation or revocation of the exemption by the plumbing 32
regulator is not guilty of an offence under this Act as a result of the 33
exemption having ceased to have effect unless it is established the 34
person was aware of the variation or revocation of the exemption. 35
Page 11
Clause 16 Plumbing Bill 2010
Part 3 Plumbing regulator
(7) A person is taken to be aware of the variation or revocation of an 1
exemption by the plumbing regulator if written notice of that fact is 2
served on the person. 3
(8) Subsection (7) does not affect any other means by which a person may 4
be made aware of the variation or revocation of an exemption. 5
(9) The plumbing regulator must: 6
(a) keep a register of exemptions granted by the plumbing regulator 7
and in force under this section, and 8
(b) make the register available on the regulator's website. 9
(10) A regulation may exempt a class of persons from a requirement referred 10
to in subsection (1). 11
16 Inspection of pipes and drains 12
The plumbing regulator may, at any reasonable time: 13
(a) inspect any service pipe connected to a water main, and 14
(b) inspect any drain connected to a sewer main. 15
17 Delegation 16
(1) The plumbing regulator may delegate any of the plumbing regulator's 17
functions under this Act, other than this power of delegation, to: 18
(a) a local council, or 19
(b) any other person the regulator considers has the necessary skills, 20
knowledge or experience to exercise the function. 21
(2) A local council may subdelegate any function delegated to it by the 22
plumbing regulator to: 23
(a) the general manager of the council, or 24
(b) a person engaged as a contractor by the local council. 25
Page 12
Plumbing Bill 2010 Clause 18
Entry on to land and other powers Part 4
Part 4 Entry on to land and other powers 1
18 Power of entry 2
(1) For the purpose of enabling the plumbing regulator to exercise the 3
regulator's functions, an authorised person may enter any premises. 4
(2) Entry may only be made at: 5
(a) a reasonable hour in the daytime, or 6
(b) an hour during which business is in progress or is usually carried 7
on at the premises. 8
19 Entry of residence 9
The powers of entry and inspection conferred by this Part are not 10
exercisable in relation to that part of any premises being used for 11
residential purposes except: 12
(a) with the permission of the occupier of that part of the premises, or 13
(b) under the authority conferred by a search warrant. 14
20 Authority to enter premises 15
(1) A power conferred by this Part to enter premises, or to make an 16
inspection or take other action on premises, may not be exercised unless 17
the person proposing to exercise the power: 18
(a) is in possession of a written authority issued by the plumbing 19
regulator, and 20
(b) produces the authority if required to do so by the owner or 21
occupier of the premises. 22
(2) An authority issued by the plumbing regulator must: 23
(a) state that it is issued under this Act, and 24
(b) give the name of the person to whom it is issued, and 25
(c) describe the nature of the powers conferred and the source of the 26
powers, and 27
(d) state the date (if any) on which it expires, and 28
(e) describe the kind of premises to which the power extends, and 29
(f) bear the signature of the plumbing regulator. 30
(3) This section does not apply to a power conferred by a search warrant. 31
Page 13
Clause 21 Plumbing Bill 2010
Part 4 Entry on to land and other powers
21 Notice of entry 1
(1) Before an authorised person enters premises under this Part, the 2
plumbing regulator must give the owner or occupier of the premises 3
written notice of the intention to enter the premises. 4
(2) The notice must specify the day on which the authorised person intends 5
to enter the premises and must be given before that day. 6
(3) This section does not require notice to be given: 7
(a) if entry to the premises is made with the consent of the owner or 8
occupier of the premises, or 9
(b) if entry to the premises is made for the purposes of carrying out 10
an inspection of plumbing and drainage work for which the 11
responsible person for the work has given the plumbing regulator 12
notice under section 9 (1), or 13
(c) if entry to the premises is required because of the existence or 14
reasonable likelihood of a serious risk to health or safety, or 15
(d) if entry is required urgently and the case is one in which the 16
plumbing regulator has authorised in writing (either generally or 17
in the particular case) entry without notice. 18
22 Use of force 19
(1) Reasonable force may be used for the purpose of gaining entry to 20
premises (other than residential premises) under a power conferred by 21
this Part, but only if authorised by the plumbing regulator in accordance 22
with this section. 23
(2) The authority of the plumbing regulator: 24
(a) must be in writing, and 25
(b) must be given in respect of the particular entry concerned, and 26
(c) must specify the circumstances which are required to exist before 27
force may be used. 28
23 Notification of use of force or urgent entry 29
(1) An authorised person must promptly advise the plumbing regulator if 30
the person: 31
(a) uses force for the purpose of gaining entry to the premises, or 32
(b) enters the premises in an emergency without giving written 33
notice to the owner or occupier. 34
(2) The plumbing regulator must give notice of the entry to such persons or 35
authorities as appear to the regulator to be appropriate in the 36
circumstances. 37
Page 14
Plumbing Bill 2010 Clause 24
Entry on to land and other powers Part 4
24 Inspections and investigations 1
For the purpose of enabling the plumbing regulator to exercise the 2
regulator's functions, an authorised person who enters premises under 3
this Part may: 4
(a) inspect the premises and any article, matter or thing on the 5
premises, and 6
(b) for the purpose of an inspection: 7
(i) open any ground and remove any flooring and take such 8
measures as may be necessary to ascertain the character 9
and condition of the premises and of any pipe, sewer, drain 10
or fitting, and 11
(ii) require the opening, cutting into or pulling down of any 12
work if the authorised person has reason to believe or 13
suspect that anything on the premises has been done in 14
contravention of this Act or the regulations, and 15
(c) take measurements, make surveys and take levels and, for those 16
purposes, dig trenches, break up the soil and set up any posts, 17
stakes or marks, and 18
(d) examine and test any meter, and 19
(e) measure a supply of water, and 20
(f) take samples or photographs in connection with any inspection, 21
and 22
(g) take into or onto the premises any person, equipment and 23
materials the authorised person reasonably requires for 24
exercising a function under this Part, and 25
(h) require any person at the premises to give the authorised person 26
reasonable help to exercise the authorised person's functions 27
under paragraphs (a)(g), and 28
(i) require any person at those premises to answer questions or 29
otherwise furnish information in relation to the matter the subject 30
of the inspection or investigation. 31
25 Care to be taken 32
(1) In the exercise of a function under this Part, an authorised person must 33
do as little damage as possible. 34
(2) The plumbing regulator must provide, if necessary, other means of 35
access in place of any taken away or interrupted by an authorised 36
person. 37
(3) As far as practicable, entry on to fenced land is to be made through an 38
existing opening in the enclosing fence. 39
Page 15
Clause 26 Plumbing Bill 2010
Part 4 Entry on to land and other powers
(4) If entry through an existing opening is not practicable, a new opening 1
may be made in the enclosing fence, but the plumbing regulator is to 2
fully restore the fence when the need for entry ceases. 3
(5) If, in the exercise of a function under this Part, any pit, trench, hole or 4
bore is made, the plumbing regulator must, if the owner or occupier of 5
the premises so requires: 6
(a) fence it and keep it securely fenced so long as it remains open or 7
not sufficiently sloped down, and 8
(b) without unnecessary delay, fill it up or level it or sufficiently 9
slope it down. 10
(6) For the purposes of complying with the plumbing regulator's duty under 11
subsection (4) or (5), the plumbing regulator may, by written notice 12
given to the responsible person for the plumbing and drainage work the 13
subject of the inspection, require the responsible person to carry out the 14
work referred to in that subsection. 15
(7) The responsible person must not, without reasonable excuse, fail to 16
comply with the written notice. 17
Maximum penalty: 100 penalty units in the case of an individual and 18
200 penalty units in the case of a corporation. 19
26 Recovery of cost of entry and inspection 20
If an authorised person enters premises under this Part for the purpose 21
of making an inspection and as a result of that inspection, under a power 22
conferred on the plumbing regulator, the regulator requires any work to 23
be carried out on or in the premises, the regulator may recover the 24
reasonable costs of the entry and inspection from: 25
(a) the owner or occupier of the premises, or 26
(b) the responsible person for the plumbing and drainage work the 27
subject of the inspection. 28
27 Compensation 29
The plumbing regulator must pay compensation for any damage caused 30
by an authorised person, other than damage arising from work done for 31
the purpose of an inspection that reveals that there has been a 32
contravention of this or any other Act or regulations made under this or 33
any other Act. 34
28 Search warrants 35
(1) An authorised person may apply to an authorised warrants officer for a 36
search warrant if the authorised person has reasonable grounds for 37
Page 16
Plumbing Bill 2010 Clause 29
Entry on to land and other powers Part 4
believing that the provisions of this Act or the regulations have been or 1
are being contravened in or on any premises. 2
(2) An authorised warrants officer to whom such an application is made 3
may, if satisfied that there are reasonable grounds for doing so, issue a 4
search warrant authorising an authorised person named in the warrant: 5
(a) to enter the premises, and 6
(b) to search the premises for evidence of a contravention of this Act 7
or the regulations. 8
(3) Division 4 of Part 5 of the Law Enforcement (Powers and 9
Responsibilities) Act 2002 applies to a search warrant issued under this 10
section. 11
(4) Without limiting the generality of section 71 of the Law Enforcement 12
(Powers and Responsibilities) Act 2002, a police officer: 13
(a) may accompany an authorised person executing a search warrant 14
issued under this section, and 15
(b) may take all reasonable steps to assist the authorised person in the 16
exercise of the person's functions under this section. 17
(5) In this section: 18
authorised warrants officer means an authorised officer within the 19
meaning of the Law Enforcement (Powers and Responsibilities) 20
Act 2002. 21
29 Obstruction of authorised person 22
(1) A person must not, without reasonable excuse: 23
(a) hinder or obstruct an authorised person so as to interfere with the 24
exercise of the authorised person's functions under this Part, or 25
(b) being an occupier of premises entered under this Part, fail to 26
provide the authorised person with such facilities and assistance 27
as are reasonably requested by the authorised person for the 28
exercise of the authorised person's functions. 29
Maximum penalty: 100 penalty units in the case of an individual or 30
200 penalty units in the case of a corporation. 31
(2) A person is not guilty of an offence under subsection (1) (a) unless the 32
authorised person produced for inspection, before the alleged offence 33
occurred, the authorised person's authority under this Part. 34
Page 17
Clause 30 Plumbing Bill 2010
Part 5 Legal Proceedings
Part 5 Legal Proceedings 1
Division 1 Appeals 2
30 Appeals to Land and Environment Court against certain decisions of 3
plumbing regulator 4
A person may appeal to the Land and Environment Court against a 5
decision by the plumbing regulator to give the person a direction under 6
section 10. 7
Division 2 Injunctions 8
31 Injunctions 9
(1) If, on the application of the Minister, the plumbing regulator or any 10
other person, the Land and Environment Court is satisfied a person has 11
engaged, or is proposing to engage, in plumbing and drainage work that 12
constitutes or would constitute a serious risk to public health or safety 13
or a serious risk to the public, the Court may grant an injunction in the 14
terms the Court considers appropriate. 15
(2) If an application for an injunction under subsection (1) has been made, 16
the Land and Environment Court may, if the Court considers it 17
appropriate, grant an injunction by consent of all the parties to the 18
proceedings, whether or not the Court is satisfied a person has engaged, 19
or is proposing to engage, in conduct of a kind specified in 20
subsection (1). 21
(3) If in the opinion of the Land and Environment Court it is desirable to do 22
so, the Court may grant an injunction pending determination of an 23
application under subsection (1). 24
(4) The Land and Environment Court may rescind or vary an injunction 25
granted under subsection (1), (2) or (3). 26
(5) The power of the Land and Environment Court to grant an injunction 27
restraining a person from engaging in conduct may be exercised: 28
(a) whether or not it appears to the Court that the person intends to 29
engage again, or to continue to engage, in conduct of that kind, 30
and 31
(b) whether or not the person has previously engaged in conduct of 32
that kind, and 33
(c) whether or not there is an imminent danger of substantial damage 34
to any person if the first-mentioned person engages in conduct of 35
that kind. 36
Page 18
Plumbing Bill 2010 Clause 32
egal Proceedings Part 5
(6) The power of the Land and Environment Court to grant an injunction 1
requiring a person to do an act or thing may be exercised: 2
(a) whether or not it appears to the Court that the person intends to 3
refuse or fail again, or to continue to refuse or fail, to do that act 4
or thing, and 5
(b) whether or not the person has previously refused or failed to do 6
that act or thing, and 7
(c) whether or not there is an imminent danger of substantial damage 8
to any person if the first-mentioned person refuses or fails to do 9
that act or thing. 10
(7) If the Minister or the plumbing regulator makes an application to the 11
Land and Environment Court for the grant of an injunction under this 12
section, the Court must not require the applicant or any other person, as 13
a condition of granting an interim injunction, to give any undertaking as 14
to damages or costs. 15
(8) If: 16
(a) in a case to which subsection (7) does not apply, the Land and 17
Environment Court would, but for this subsection, require a 18
person to give an undertaking as to damages or costs, and 19
(b) the Minister gives the undertaking, 20
the Court must accept the undertaking by the Minister and must not 21
require a further undertaking from any other person. 22
Division 3 Penalty notices 23
32 Penalty notices 24
(1) An authorised person may serve a penalty notice on another person if it 25
appears to the authorised person that the other person has committed an 26
offence against this Act or the regulations, being an offence prescribed 27
by the regulations as a penalty notice offence. 28
(2) A penalty notice is a notice to the effect that, if the person served does 29
not wish to have the matter determined by a court, the person can pay, 30
within the time and to the person specified in the notice, the amount of 31
the penalty prescribed by the regulations for the offence if dealt with 32
under this section. 33
(3) A penalty notice under this section is declared to be a penalty notice for 34
the purposes of the Fines Act 1996. 35
(4) A penalty notice may be served personally or by post. 36
Page 19
Clause 33 Plumbing Bill 2010
Part 5 Legal Proceedings
(5) If the amount of penalty prescribed for an alleged offence is paid under 1
this section, no person is liable to any further proceedings for the 2
alleged offence. 3
(6) Payment under this section is not to be regarded as an admission of 4
liability for the purpose of, and does not in any way affect or prejudice, 5
any civil claim, action or proceeding arising out of the same occurrence. 6
(7) The regulations may: 7
(a) prescribe an offence for the purposes of this section by specifying 8
the offence or by referring to the provision creating the offence, 9
and 10
(b) prescribe the amount of penalty payable for the offence if dealt 11
with under this section, and 12
(c) prescribe different amounts of penalties for different offences or 13
classes of offences. 14
(8) The amount of a penalty prescribed under this section for an offence is 15
not to exceed the maximum amount of penalty that could be imposed for 16
the offence by a court. 17
(9) This section does not limit the operation of any other provision of, or 18
made under, this or any other Act relating to proceedings that may be 19
taken in respect of offences. 20
33 Payment of penalty does not affect other proceedings 21
(1) Prosecution or conviction of a person for an act or omission that is an 22
offence against this Act does not affect any right of the plumbing 23
regulator to take civil proceedings or any other action to recover from 24
the person: 25
(a) an amount in respect of loss or damage caused by the act or 26
omission, or 27
(b) the expenses incurred by the plumbing regulator in remedying the 28
loss or damage. 29
(2) Payment of a penalty for an offence against this Act does not affect any 30
right of the plumbing regulator to institute any other action or 31
proceeding. 32
Division 4 Proceedings 33
34 Proceedings for offences 34
(1) Proceedings for an offence against this Act are to be dealt with: 35
(a) summarily before the Local Court, or 36
Page 20
Plumbing Bill 2010 Clause 35
egal Proceedings Part 5
(b) summarily before the Land and Environment Court in its 1
summary jurisdiction. 2
(2) Proceedings for an offence against the regulations are to be dealt with 3
summarily before the Local Court. 4
(3) Proceedings for an offence against this Act or the regulations must be 5
commenced within 3 years after the commission of the offence. 6
35 Evidentiary certificates 7
A certificate purporting to be signed by the plumbing regulator and 8
stating any of the following matters is prima facie evidence of the 9
matter: 10
(a) a stated document is an appointment made under this Act, 11
(b) a stated document is a notice, direction or requirement given 12
under this Act, 13
(c) a stated document is a copy of a document referred to in 14
paragraph (a) or (b), 15
(d) on a stated day, or during a stated period, an appointment as an 16
authorised person was or was not in force for a stated period. 17
Division 5 Liability for offences 18
36 Offence to provide false or misleading documents 19
A person must not, in a document the person is required to provide by 20
this Act, include information the person knows, or could reasonably be 21
expected to have known, to be false or misleading in a material 22
particular. 23
Maximum penalty: 100 penalty units in the case of an individual and 24
200 penalty units in the case of a corporation. 25
37 Aiding and abetting etc 26
A person who: 27
(a) aids, abets, counsels or procures a person to commit, or 28
(b) induces or attempts to induce a person, whether by threats or 29
promises or otherwise, to commit, or 30
(c) is in any way, directly or indirectly, knowingly concerned in, or 31
party to, the commission by a person of, or 32
(d) conspires with another to commit, 33
an offence against this Act or the regulations is guilty of the same 34
offence and liable to be punished accordingly. 35
Page 21
Clause 38 Plumbing Bill 2010
Part 5 Legal Proceedings
38 Offence by corporation--liability of directors etc 1
(1) If a corporation contravenes any provision of this Act or the regulations, 2
each person who is a director of the corporation or who is concerned in 3
its management is to be taken to have contravened the same provision 4
if the person knowingly authorised or permitted the contravention. 5
(2) A person may be proceeded against and convicted under a provision 6
pursuant to subsection (1) whether or not the corporation has been 7
proceeded against or convicted under that provision. 8
Page 22
Plumbing Bill 2010 Clause 39
Miscellaneous Part 6
Part 6 Miscellaneous 1
39 Disclosure of information 2
A person must not disclose information obtained in connection with the 3
administration or execution of this Act unless the disclosure is made: 4
(a) with the consent of the person from whom the information was 5
obtained, or 6
(b) in connection with the administration or execution of this Act, or 7
(c) for the purposes of any legal proceedings arising out of this Act 8
or of any report of any such proceedings, or 9
(d) in accordance with a requirement imposed under the Ombudsman 10
Act 1974, or 11
(e) with other lawful excuse. 12
Maximum penalty: 20 penalty units. 13
40 Certain information may be provided to and by plumbing regulator 14
(1) The plumbing regulator is authorised to provide information: 15
(a) to a local council if the local council considers the provision of 16
the information is necessary to enable the local council to 17
exercise its functions, or 18
(b) to a network utility operator if the network utility operator 19
considers the provision of the information is necessary to enable 20
the operator to exercise its functions, or 21
(c) to the Department of Health if that Department considers the 22
provision of the information is necessary to prevent, or otherwise 23
relates to, a risk to public health. 24
(2) A local council or network utility operator is authorised to provide 25
information to the plumbing regulator if the plumbing regulator 26
considers the provision of the information is necessary to enable the 27
plumbing regulator to exercise the regulator's functions under this Act. 28
(3) Information may be provided in accordance with this section despite 29
any prohibition in, or the need to comply with any requirement of, any 30
Act or law, including the Privacy and Personal Information Protection 31
Act 1998. 32
41 Exclusion of liability 33
(1) A protected person is not personally liable for anything done or omitted 34
to be done in good faith: 35
(a) in the exercise of a function under this Act, or 36
Page 23
Clause 42 Plumbing Bill 2010
Part 6 Miscellaneous
(b) in the reasonable belief that the act or omission was in the 1
exercise of a function under this Act. 2
(2) In this section: 3
protected person means any of the following: 4
(a) the plumbing regulator, 5
(b) an authorised person, 6
(c) a person (other than a local council) to whom the plumbing 7
regulator has delegated functions under this Act, 8
(d) a member of a local council's staff or a contractor of a local 9
council, 10
(e) an investigator under the Fair Trading Act 1987. 11
42 Continuing effect of directions 12
(1) A direction given under this Act or the regulations that specifies a time 13
by which, or period within which, the direction must be complied with 14
continues to have effect until the direction is complied with even though 15
the time has passed or the period has expired. 16
(2) A direction that does not specify a time by which, or period within 17
which, the direction must be complied with continues to have effect 18
until the direction is complied with. 19
(3) This section does not apply to the extent that any requirement under a 20
direction is revoked. 21
43 Service of notices and directions 22
(1) A notice or direction in writing that is required or permitted to be given 23
under this Act may be given: 24
(a) to a person other than a corporation: 25
(i) by giving it to the person personally, or 26
(ii) by leaving it at the person's place of residence with 27
someone who apparently resides there and has apparently 28
reached the age of 16 years, or 29
(iii) by leaving it at the person's place of employment or 30
business with someone who is apparently employed there 31
and has apparently reached the age of 16 years, or 32
(iv) by posting it in a letter addressed to the person at the 33
address last known to the plumbing regulator of the 34
person's place of residence, employment or business, or 35
(b) to a corporation: 36
Page 24
Plumbing Bill 2010 Clause 44
Miscellaneous Part 6
(i) by giving it to the secretary of the corporation, or any other 1
person concerned in the management of the corporation, 2
personally, or 3
(ii) by leaving it at the corporation's only or principal place of 4
business with someone who is apparently employed there 5
and has apparently reached the age of 16 years, or 6
(iii) by posting it in a letter addressed to the corporation at the 7
address last known to the plumbing regulator of its only or 8
principal place of business. 9
(2) Nothing in this section affects the operation of any provision of a law or 10
of the rules of a court authorising a document to be served on a person 11
in any other manner. 12
44 Regulations 13
(1) The Governor may make regulations, not inconsistent with this Act, for 14
or with respect to any matter that by this Act is required or permitted to 15
be prescribed or that is necessary or convenient to be prescribed for 16
carrying out or giving effect to this Act. 17
(2) Without limiting subsection (1), the regulations may make provision for 18
or with respect to: 19
(a) the fees payable under this Act, and 20
(b) the requirements for carrying out plumbing and drainage work. 21
(3) For the purposes of subsection (2) (a), if functions of the plumbing 22
regulator have been delegated to local councils the regulations may 23
provide: 24
(a) that the councils may set fees for exercising the functions, and 25
(b) for the methodology or factors to be used by the councils in 26
setting the fees, including maximum fees that may be charged for 27
exercising the functions. 28
(4) The regulations may create an offence punishable by a maximum 29
penalty of 20 penalty units. 30
45 Review of Act 31
(1) The Minister is to review this Act to determine whether the policy 32
objectives of the Act remain valid and whether the terms of the Act 33
remain appropriate for securing those objectives. 34
(2) The review is to be undertaken as soon as possible after the period of 35
2 years from the date of assent to this Act. 36
(3) A report on the outcome of the review is to be tabled in each House of 37
Parliament within 12 months after the end of the period of 2 years. 38
Page 25
Plumbing Bill 2010
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Staged commencement 21
(1) Despite any other provision of this Act, this Act and the regulations 22
(other than the relevant provisions) do not apply to plumbing and 23
drainage work carried out in a relevant utility area until the date 24
prescribed by the regulations. 25
(2) In this clause: 26
relevant provisions means any of the following provisions: 27
(a) section 3 to the extent that a definition in that section is relevant 28
to the operation of section 5 or 6, 29
(b) section 5, 30
(c) section 6, 31
(d) clause 3 of this Schedule, 32
(e) any provision of the regulations that relates to a provision 33
referred to in paragraphs (a)(d). 34
Page 26
Plumbing Bill 2010
Savings, transitional and other provisions Schedule 1
relevant utility area means any area other than the following: 1
(a) an area that, immediately before the commencement of this 2
clause, was within the area of operations of the Sydney Water 3
Corporation, 4
(b) an area that, immediately before the commencement of this 5
clause, was within the area of operations of a licensed network 6
operator under the Water Industry Competition Act 2006. 7
3 Plumbing and drainage work started before commencement 8
(1) This clause applies if: 9
(a) before the commencement of this Act in relation to an area, a 10
person had started, but not completed, carrying out work in that 11
area, and 12
(b) the work is plumbing and drainage work within the meaning of 13
this Act, and 14
(c) the person held a permit granted under an Act to carry out the 15
work. 16
(2) On and from the commencement of the Act in relation to that area: 17
(a) the work is taken to be plumbing and drainage work carried out 18
under this Act, and 19
(b) the permit is taken to be a notice of the work under section 7. 20
Page 27
Plumbing Bill 2010
Schedule 2 Amendment of legislation
Schedule 2 Amendment of legislation 1
2.1 Home Building Act 1989 No 147 2
[1] Section 3 Definitions 3
Omit the definition of plumbing work in section 3 (1). Insert instead: 4
plumbing work means: 5
(a) plumbing and drainage work within the meaning of the 6
Plumbing Act 2010, and 7
(b) plumbing or drainage work that, because of a relevant law, 8
can be done lawfully only: 9
(i) by the holder of an endorsed contractor licence or of 10
a supervisor or tradesperson certificate, and 11
(ii) if a relevant law so provides, by some other person. 12
[2] Section 135 Proceedings for certain offences under other Acts 13
Insert the following after section 135 (h): 14
or 15
(i) the Plumbing Act 2010, 16
2.2 Hunter Water Act 1991 No 53 17
[1] Section 30A 18
Insert after section 30: 19
30A Unauthorised connections, alterations or use of works 20
A person must not do any of the following unless authorised to 21
do so by the Corporation: 22
(a) connect any pipe or fitting to a work owned by the 23
Corporation, 24
(b) alter or use a work owned by the Corporation. 25
Maximum penalty: 100 penalty units (or 200 penalty units in the 26
case of a corporation). 27
[2] Section 69 Work for water supply, sewerage or drainage 28
Omit the section. 29
Page 28
Plumbing Bill 2010
Amendment of legislation Schedule 2
2.3 Hunter Water Regulation 2010 1
Part 3 Plumbing and drainage work 2
Omit the Part. 3
2.4 Land and Environment Court Act 1979 No 204 4
[1] Section 18 Class 2--local government and miscellaneous appeals and 5
applications 6
Insert after section 18 (g): 7
(h) appeals under section 30 of the Plumbing Act 2010. 8
[2] Section 20 Class 4--environmental planning and protection and 9
development contract civil enforcement 10
Insert after section 20 (1) (dh): 11
(di) proceedings under section 31 of the Plumbing Act 2010, 12
[3] Section 20 (3) (a) 13
Insert after "Plantations and Reafforestation Act 1999": 14
Plumbing Act 2010 15
2.5 Law Enforcement (Powers and Responsibilities) Act 2002 16
No 103 17
Schedule 2 Search warrants under other Acts 18
Insert in alphabetical order: 19
Plumbing Act 2010, section 28 20
2.6 Local Government Act 1993 No 30 21
Section 124 What orders may be given, in what circumstances and to 22
whom? 23
Insert "or, in the case of a water supply or sewerage system, the Plumbing Act 24
2010" after "1919" wherever occurring in item 5 of the Table to the section. 25
2.7 Local Government (General) Regulation 2005 26
[1] Clause 16 Approvals for stormwater drainage work to be subject to a 27
condition requiring compliance with standards and requirements 28
Omit "water supply, sewerage or". 29
Page 29
Plumbing Bill 2010
Schedule 2 Amendment of legislation
[2] Clause 16A 1
Insert after clause 16: 2
16A Approvals for water supply or sewerage work subject to 3
compliance with Plumbing Act 2010, standards and requirements 4
It is a condition of an approval allowing water supply or sewerage 5
work that the activity approved, and any building or work 6
associated or carried out in connection with the activity, complies 7
with: 8
(a) any requirements of the Plumbing Act 2010 or the 9
regulations made under that Act, and 10
(b) any applicable standards or requirements set out or 11
referred to in this Regulation or any other regulation under 12
the Act or the Environmental Planning and Assessment Act 13
1979. 14
[3] Clause 151 15
Omit the clause. Insert instead: 16
151 Water supply and sewerage work to comply with Plumbing 17
Act 2010 18
Water supply work and sewerage work must comply with any 19
requirements of the Plumbing Act 2010 or the regulations made 20
under that Act. 21
151A Stormwater drainage work to comply with Australian and New 22
Zealand Standard 23
Stormwater drainage work must comply with: 24
(a) AS/NZS 3500.3:2003, Plumbing and Drainage-- 25
Stormwater Drainage, or 26
(b) section 5 of AS/NZS 3500.5:2000, National Plumbing and 27
Drainage--Domestic installations. 28
[4] Clause 153 Laying of house service pipes 29
Omit the clause. 30
[5] Schedule 1 Standards relating to approvals 31
Omit the heading to Part 2. Insert instead: 32
Part 2 Standards for stormwater drainage work 33
Page 30
Plumbing Bill 2010
Amendment of legislation Schedule 2
[6] Schedule 1, clause 15 1
Omit the clause. Insert instead: 2
15 Compliance with Australian and New Zealand Standard 3
Stormwater drainage work must comply with: 4
(a) AS/NZS 3500.3:2003, Plumbing and Drainage-- 5
Stormwater Drainage, or 6
(b) section 5 of AS/NZS 3500.5:2000, National Plumbing and 7
Drainage--Domestic installations. 8
[7] Schedule 1, clause 16 (5) 9
Omit the subclause. 10
[8] Schedule 1, clause 20 11
Omit the clause. 12
[9] Schedule 1, clause 21 (1) 13
Omit "1, 4 or". 14
2.8 Local Government (Manufactured Home Estates, Caravan 15
Parks, Camping Grounds and Moveable Dwellings) 16
Regulation 2005 17
[1] Clause 4 Definitions 18
Omit the definition of Plumbing and Drainage Code of Practice from 19
clause 4 (1). 20
[2] Clauses 27 (3) (a), 28 (3) (a), 62 (a), 101 (5) (a), 102 (5) (a) and 154 (a) 21
Omit "Plumbing and Drainage Code of Practice" wherever occurring. 22
Insert instead "Plumbing Act 2010 and any regulations under that Act". 23
[3] Clause 29 Drainage 24
Omit clause 29 (3) (a). 25
[4] Clause 176 26
Insert after clause 175: 27
176 Transitional provision for Plumbing Act 2010 28
(1) This clause applies if, immediately before the commencement of 29
this clause: 30
Page 31
Plumbing Bill 2010
Schedule 2 Amendment of legislation
(a) a utility service complied with the Plumbing and Drainage 1
Code of Practice, or 2
(b) a plumbing and drainage fitting was installed in 3
accordance with the Plumbing and Drainage Code of 4
Practice. 5
(2) From the commencement, the utility service or plumbing and 6
drainage fitting is taken to comply with the Plumbing Act 2010 as 7
in force on that day. 8
(3) In this clause: 9
plumbing and drainage fitting means the pipes and fitting in a 10
manufactured home or relocatable home that relate to water 11
supply, sewerage or stormwater drainage. 12
utility service means: 13
(a) the water supply service for a manufactured home estate 14
caravan park or camping ground, and 15
(b) the sewage disposal system for a manufactured home 16
estate, caravan park or camping ground, and 17
(c) the stormwater drainage system for a manufactured home 18
estate. 19
2.9 Residential Parks Regulation 2006 20
Clause 15 21
Omit the clause. Insert instead: 22
15 Individual water metering standards: sections 36 and 39 23
For the purposes of sections 36 (1) (b) and 39 (1) of the Act, 24
residential premises must be individually metered: 25
(a) in accordance with any relevant standard prescribed under 26
the Plumbing Act 2010, or 27
(b) if a standard has not been prescribed under the Plumbing 28
Act 2010, in a way that meets the requirements of a water 29
supply authority that operates in the area in which the 30
residential premises are located. 31
Page 32
Plumbing Bill 2010
Amendment of legislation Schedule 2
2.10 Sydney Water Act 1994 No 88 1
[1] Section 48A 2
Insert after section 48: 3
48A Unauthorised connections, alterations and use of works 4
A person must not do any of the following unless authorised to 5
do so by the Corporation: 6
(a) connect any pipe or fitting to a work owned by the 7
Corporation, 8
(b) alter or use a work owned by the Corporation. 9
Maximum penalty: 100 penalty units (or 200 penalty units in the 10
case of a corporation). 11
[2] Section 99 Work for stormwater drainage 12
Omit "water supply, sewerage or stormwater drainage intended for direct or 13
indirect connection with the pipes, sewers or drains" from section 99 (1). 14
Insert instead "stormwater drainage intended for direct or indirect connection 15
with the stormwater system". 16
[3] Section 106 Regulations 17
Omit section 106 (5). Insert instead: 18
(5) The regulations may apply, adopt or incorporate a standard 19
published or adopted by Standards Australia as in force for the 20
time being. 21
2.11 Sydney Water Regulation 2006 22
[1] Part 2 Plumbing and drainage 23
Omit the Part. 24
[2] Clause 31A 25
Insert in Part 5, before clause 32: 26
31A Corporation to be notified of damage to its works or other property 27
(1) A person who, in the course of doing plumbing and drainage 28
work, damages a work or other property of the Corporation must 29
immediately notify the Corporation of the damage. 30
Maximum penalty: 200 penalty units in the case of a corporation, 31
100 penalty units in any other case. 32
Page 33
Plumbing Bill 2010
Schedule 2 Amendment of legislation
(2) In this clause: 1
plumbing and drainage work has the meaning given in the 2
Plumbing Act 2010. 3
2.12 Water Industry Competition Act 2006 No 104 4
[1] Section 73 Unlicensed plumbing and drainage work 5
Omit the section. 6
[2] Schedule 2 Regulation-making powers 7
Omit item 6 (a) of Schedule 2. 8
2.13 Water Industry Competition (General) Regulation 2008 9
[1] Clause 3 Definitions 10
Omit the definition of Plumbing and Drainage Code of Practice from 11
clause 3 (1). 12
[2] Schedule 1 Conditions for network operators' licences 13
Omit "the Plumbing and Drainage Code of Practice" from clause 8 (1). 14
Insert instead "any relevant standard prescribed under the Plumbing 15
Act 2010". 16
[3] Schedule 1, clause 11 17
Omit "the Plumbing and Drainage Code of Practice". 18
Insert instead "section 5 of the Plumbing Act 2010". 19
[4] Schedule 1, clause 15 20
Omit the clause. 21
2.14 Water Management Act 2000 No 92 22
[1] Section 109 Suspension and cancellation of approvals 23
Omit section 109 (1) (b). Insert instead: 24
(b) that the holder of the approval has been convicted of an 25
offence against: 26
(i) this Act or the regulations, or 27
(ii) the Plumbing Act 2010 or the regulations under that 28
Act, 29
Page 34
Plumbing Bill 2010
Amendment of legislation Schedule 2
[2] Section 318B Unlicensed plumbing work 1
Omit the section. 2
[3] Section 322 Regulations 3
Omit section 322 (1) (d). 4
[4] Section 322 (2) 5
Omit "other than a SEPP made under the Environmental Planning and 6
Assessment Act 1979". 7
Insert instead: 8
other than: 9
(a) a SEPP made under the Environmental Planning and 10
Assessment Act 1979, or 11
(b) a statutory instrument made under the Plumbing Act 2010. 12
2.15 Water Management (Water Supply Authorities) Regulation 13
2004 14
[1] Clause 3 Definitions 15
Omit the definition of sewerage service from clause 3 (1). 16
[2] Clause 13 Installation and maintenance of water service by owner 17
Omit the clause. 18
[3] Clause 33 Installation and maintenance of sewerage service by owner 19
Omit the clause. 20
[4] Clause 34 Sewerage service not to be shared 21
Omit clause 34 (2). 22
[5] Clause 34 (5) 23
Insert after clause 34 (4): 24
(5) In this clause: 25
sewerage service has the meaning given by section 283 of the 26
Act. 27
shared sewerage service means a sewerage service that extends 28
over, or receives sewage from, 2 or more separately owned 29
parcels of land. 30
Page 35
Plumbing Bill 2010
Schedule 2 Amendment of legislation
[6] Part 5 1
Omit the Part. Insert instead: 2
Part 5 Plumbing work in the area of Country 3
Energy 4
44 Notification of damage arising in the course of plumbing work 5
(1) A person who, in the course of carrying out plumbing work in the 6
area of operations of Country Energy, damages a work or other 7
property of a water supply authority must immediately notify the 8
authority of the damage. 9
Maximum penalty: 20 penalty units. 10
(2) In this clause: 11
plumbing work means work comprising or affecting: 12
(a) a water service or its connection to a water supply 13
authority's water supply system, or 14
(b) a sewerage service or its connection to a water supply 15
authority's sewerage system. 16
[7] Clause 100 Cutting off or restricting supply 17
Insert ", or any requirements of the Plumbing Act 2010 or the regulations made 18
under that Act," after "requirements" in clause 100 (b) (v). 19
[8] Clause 116 Supply of plans 20
Omit the clause. 21
Page 36
Plumbing Bill 2010
Additional amendments to other legislation Schedule 3
Schedule 3 Additional amendments to other 1
legislation 2
3.1 Local Government Act 1993 No 30 3
[1] Section 124 What orders may be given, in what circumstances and to 4
whom? 5
Omit "or, in the case of a water supply or sewerage system, the Plumbing Act 6
2010" wherever occurring in item 5 of the Table to the section. 7
[2] Section 124, Table 8
Omit ", water supply or sewerage system" wherever occurring in item 5. 9
[3] Section 634 Water, sewerage and stormwater drainage offences 10
Omit "water supply work, sewerage work or" wherever occurring in 11
section 634 (1), (2) and (4). 12
[4] Section 634 (3) (b) 13
Omit the paragraph. 14
[5] Section 634 (4) 15
Omit "water supply works, sewerage works or". 16
[6] Schedule 6 Regulations 17
Omit "Water, sewerage and drainage systems", "Connections to water and 18
sewer mains" and "Pipes and fittings for hot water apparatus" from the 19
examples in item 7 of the Schedule. 20
3.2 Local Government (General) Regulation 2005 21
[1] Clause 20 Person carrying out stormwater drainage work to hold permit 22
Omit "1, 4,". 23
[2] Clause 22 Defective stormwater drainage work to be rectified 24
Omit "1, 4," from clause 22 (1). 25
[3] Clause 23 Diagrams of stormwater drainage work 26
Omit "4 or" from clause 23 (1). 27
[4] Clause 87 Water supply and sewerage system pipes, fittings and fixtures 28
Omit the clause. 29
Page 37
Plumbing Bill 2010
Schedule 3 Additional amendments to other legislation
[5] Clause 88 Rectification of defective water supply or sewerage work 1
Omit the clause. 2
Page 38
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