Fluoridation of Public Water Supplies Regulation 2017

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Fluoridation of Public Water Supplies Regulation 2017.

2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Fluoridation of Public Water Supplies Regulation 2012 which would otherwise be repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation:

fluoridating agent means a substance containing fluorine or a compound of fluorine.

Fluoridation Code means the document entitled New South Wales Code of Practice for Fluoridation of Public Water Supplies as published by the Secretary from time to time in the Gazette.

Note—

For the Fluoridation Code, see Gazette No 35 of 8.4.2011, p 2519. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.

Editorial note—

See also Code published in Gazette No 66 of 29.6.2018, n2018-2259. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.

qualified operator means a person who holds the qualifications required by the Fluoridation Code to be a qualified fluoridation plant operator.

the Act means the Fluoridation of Public Water Supplies Act 1957.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

Part 2 Fluoridation of public water supplies

4 Applications to fluoridate a public water supply

An application by a water supply authority for approval to fluoridate a public water supply is to be in the form required by the Fluoridation Code and is to be accompanied by any documents that are required by the form.

Note—

Section 6 (4) of the Act enables the Secretary to require further information to be furnished in relation to an application.

5 Fluoridation equipment

A water supply authority must not fluoridate a public water supply under its control unless it uses equipment that is designed, in accordance with the Fluoridation Code, to allow for accurate fluoride dosing.

Maximum penalty: 25 penalty units and, in the case of a continuing offence, an additional 5 penalty units for each additional day for which the offence continues.

6 Alterations to water supply capacity, water supply works and fluoridating apparatus

(1)  A water supply authority that adds a fluoridating agent to any public water supply under its control:

(a)  must not increase the maximum capacity, or reduce the minimum capacity, of the water supply, and

(b)  must not make substantial alterations to the equipment or apparatus by which the agent is added to the water supply, and

(c)  must not make any substantial alterations to those parts of the water supply works that are in close proximity to the point at which the agent is added to the water supply,

except with the written approval of the Secretary.

Maximum penalty: 25 penalty units and, in the case of a continuing offence, an additional 5 penalty units for each additional day for which the offence continues.

(2)  This clause does not apply to alterations that are permitted by or under the Fluoridation Code.

7 Analyses of water samples

(1)  A water supply authority must collect from any public water supply fluoridated by it any samples of water that are required to be collected by the Fluoridation Code.

(2)  The authority must analyse the samples for their fluoride content using the equipment and methods recognised by the Fluoridation Code.

(3)  A water supply authority must forward:

(a)  the results of the analyses carried out by it under this clause during the previous month, and

(b)  a sample of the water from the authority’s reticulation system,

to the persons or body, and at the times, required by the Fluoridation Code.

Maximum penalty: 25 penalty units and, in the case of a continuing offence, an additional 5 penalty units for each additional day for which the offence continues.

(4)  A water supply authority must also forward to the Secretary additional samples of water from the authority’s reticulation system as the Secretary may from time to time require.

Maximum penalty: 25 penalty units and, in the case of a continuing offence, an additional 5 penalty units for each additional day for which the offence continues.

8 Fluoridation to be carried out by qualified operators

A water supply authority must not, except as allowed by the Fluoridation Code, cause or permit a public water supply to be fluoridated by any person who is not a qualified operator.

Maximum penalty: 25 penalty units and, in the case of a continuing offence, an additional 5 penalty units for each additional day for which the offence continues.

9 Security of plant rooms

(1)  A water supply authority must ensure that premises under the control of the authority that contain any fluoridating agent, or any fluoridation plant or equipment, are kept locked whenever a qualified operator is not in attendance at those premises.

Maximum penalty: 25 penalty units and, in the case of a continuing offence, an additional 5 penalty units for each additional day for which the offence continues.

(2)  A person who is not a qualified operator must not enter any premises under the control of a water supply authority that contain any fluoridating agent, or any fluoridation plant or equipment unless:

(a)  in the company of a qualified operator, or

(b)  with the approval of a qualified operator.

Maximum penalty: 10 penalty units.

Part 3 Miscellaneous

10 Records

(1)  A water supply authority must keep records as required by the Fluoridation Code.

(2)  A water supply authority must cause a copy of those records to be forwarded to the Secretary if the Secretary so requires.

11 Repeal and savings

(1)  The Fluoridation of Public Water Supplies Regulation 2012 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Fluoridation of Public Water Supplies Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.