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PUBLIC HEALTH ACT 1997 - SECT 128 Notification of quality of water

PUBLIC HEALTH ACT 1997 - SECT 128

Division 1A - Orders and notices Notification of quality of water

(1)  An Agency or a public authority (other than a council) that, in the course of carrying out its functions, becomes aware that the quality of water is a threat to public health or is likely to become a threat to public health, must, in the manner and form specified in the guidelines, give to the council in whose municipal area the water is situated the information required by the guidelines to be given to the council.
Penalty:  Fine not exceeding 100 penalty units.
(1A)  A person (other than a regulated entity) who –
(a) manages or is in control of water, other than a private water source; and
(b) becomes aware that the quality of the water is a threat to public health or is likely to become a threat to public health –
must, in the manner and form specified in the guidelines, give to the council in whose municipal area the water is situated the information required by the guidelines to be given to a council.
Penalty:  Fine not exceeding 100 penalty units.
(1B)  A person, other than a water carrier, who –
(a) supplies, intends to supply, or has supplied, water that is obtained from a private water source; and
(b) becomes aware that the quality of the water is a threat to public health or is likely to become a threat to public health –
must, in the manner and form specified in the guidelines, give to the council in whose municipal area the water is situated the information required by the guidelines to be given to the council.
Penalty:  Fine not exceeding 100 penalty units.
(1C)  A water carrier who –
(a) supplies, intends to supply, or has supplied, water; and
(b) becomes aware that the quality of the water is a threat to public health or is likely to become a threat to public health –
must, in the manner and form specified in the guidelines, give to the council in respect of the municipal area in which the water carrier is required under section 136E to be registered the information required by the guidelines to be given to the council.
Penalty:  Fine not exceeding 100 penalty units.
(1D)  A council that is of the opinion that the quality of water is a threat to public health or is likely to become a threat to public health must give to the Director, in the manner and form specified in the guidelines, the information required by the guidelines to be given to the Director.
Penalty:  Fine not exceeding 100 penalty units.
(1E)  A regulated entity that becomes aware that the quality of water that it manages or controls is a threat to public health or is likely to become a threat to public health must give to the Director, in the manner and form specified in the guidelines, the information required by the guidelines to be given to the Director.
Penalty:  Fine not exceeding 100 penalty units.
(2)  If the Director receives a notification this section, the Director is to notify any relevant public authority or regulated entity if the notification relates to water it is managing or in control of.
(3)  If a council receives a report from an environmental health officer that the quality of water is a threat to public health or is likely to become a threat to public health, the council must take any action, to prevent the threat, that is specified in any relevant guidelines and is necessary and practicable.
(4)  If a regulated entity receives a report from an environmental health officer or the Director, or itself identifies, that the quality of water that the regulated entity is managing or is in control of is a threat to public health or is likely to become a threat to public health, the regulated entity must take any action, to prevent the threat, that is specified in any relevant guidelines and is necessary and practicable.
(5)  Action that the relevant guidelines may specify for the purposes of subsection (3) or (4) includes, but is not limited to including, any actions for any of the following purposes:
(a) restricting or preventing the use of the water;
(b) restricting or preventing the use of any food product in which the water has been used;
(c) rendering the water safe;
(d) giving warnings and information to the public about the safe use of the water or risk of using the water.