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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 10 April 2020 at 05:25)
Part 9 Division 5
Division 5 Plumbing fittings, plumbing work and plumbing permits
Subdivision 1 Preliminary
154   Application of Division
(1)  This Division applies to any plumbing work that affects a water supply authority and which is carried out in the area of operations of Essential Energy, but not to plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.
(2)  In this clause, plumbing work that affects a water supply authority means work comprising or affecting—
(a)  a water service or its connection to a water supply authority’s water supply system, or
(b)  a sewerage service or its connection to a water supply authority’s sewerage system.
Note.
 The Plumbing and Drainage Act 2011 sets out standards and other requirements for plumbing and drainage work within the meaning of that Act.
155   Definitions
In this Part—
authorised plumbing fitting means a plumbing fitting that is authorised for use under clause 167 within the area of operations of the relevant water supply authority.
certificate of compliance means a certificate of the kind referred to in clause 159.
Note.
 A certificate of compliance under this Division is not to be confused with a certificate of compliance granted under section 307 of the Act in relation to the carrying out of development within a water supply authority’s area of operations.
plumbing permit means a permit issued under Subdivision 3.
plumbing work means plumbing work to which this Division applies.
working day means a day that is not a Saturday, Sunday or public holiday.
Subdivision 2 Plumbing work
156   Permit required for plumbing work
(1)  A person must not do plumbing work otherwise than in accordance with a plumbing permit authorising the person to do the work.
Maximum penalty—20 penalty units.
(2)  A person is not guilty of an offence against this clause if—
(a)  the work is done in an emergency—
(i)  to prevent waste of water, or
(ii)  to restore a water supply that has been shut off to prevent waste of water, or
(iii)  to free a choked pipe, or
(iv)  to prevent damage to property, and
(b)  the person applies for a plumbing permit for the work within 2 working days after the work is done.
(3)  This clause does not apply to or in respect of plumbing work done by an employee of a water supply authority.
(4)  A water supply authority may grant plumbing permits for the purposes of this clause in accordance with the Plumbing Code of Australia.
157   Plumbing work to comply with specified standards
A person must not do plumbing work otherwise than in accordance with the Plumbing Code of Australia.
Maximum penalty—20 penalty units.
158   Plumbing work to use authorised plumbing fittings
A person must not use any plumbing fitting for plumbing work unless it is an authorised plumbing fitting.
Maximum penalty—20 penalty units.
159   Certificate of compliance following completion of plumbing work
(1)  A person who does plumbing work must, within 48 hours after completing the work—
(a)  give a water supply authority a certificate of compliance duly completed and signed by the person, and
(b)  give a copy of the certificate to the owner of the land on which the work was done or to which the work was connected.
Maximum penalty—20 penalty units.
(2)  A certificate of compliance must be in a form approved by the relevant water supply authority and must certify that the plumbing work to which it relates has been completed in accordance with the Plumbing Code of Australia.
(3)  A person must not, in a certificate of compliance, provide information that the person knows to be false or misleading in a material particular.
Maximum penalty—20 penalty units.
(4)  This clause does not apply to or in respect of plumbing work done by an employee of a water supply authority.
160   Rectification of defective plumbing work
(1)  A water supply authority may, by written notice served on a person who is doing plumbing work, direct the person—
(a)  to repair, as specified in the notice, work done otherwise than in a professional manner, or
(b)  to bring into conformity with the Plumbing Code of Australia work done otherwise than in accordance with that Code, or
(c)  to bring into conformity with the conditions imposed on a plumbing permit work done otherwise than in accordance with those conditions, or
(d)  to repair or replace, as specified in the notice, a defective plumbing fitting used in any of the work done, or
(e)  to bring into conformity with its approval any plumbing fitting that does not comply with the approval.
(2)  A person to whom such a direction is given must not fail to comply with the direction.
Maximum penalty—20 penalty units.
(3)  If a direction is given to a person before a certificate of compliance is given for the work, the person must not continue with the work until the direction has been complied with.
Maximum penalty—20 penalty units.
(4)  A direction is of no effect if it is issued more than 2 years after the work to which it relates has been completed.
161   Exemption from certain requirements
(1)  A water supply authority may exempt all persons, or any specified class of persons, from any or all of the following requirements of this Subdivision—
(a)  the requirement to hold a plumbing permit authorising the doing of plumbing work,
(b)  the requirement to complete a certificate of compliance with respect to plumbing work,
(c)  the requirement to use only authorised plumbing fittings for plumbing work.
(2)  An exemption under subclause (1)(a) or (b) may relate to plumbing work generally or to any specified kind or kinds of plumbing work.
(3)  An exemption under subclause (1)(c) may relate to plumbing fittings generally or to any specified kind or kinds of plumbing fitting.
(4)  A water supply authority may vary or revoke any exemption under this clause.
(5)  Notice of any exemption granted under this clause, or of any variation or revocation of such an exemption, may be given in such manner as a water supply authority considers appropriate.
(6)  A person in respect of whom an exemption under this clause ceases to have effect by reason only of the fact that the exemption is varied or revoked is not guilty of an offence in respect of any act or omission unless it is established that he or she was aware of that fact when the act or omission occurred.
(7)  A person is taken to be aware that an exemption has been varied or revoked if written notice of that fact is served on the person, either personally or by post.
(8)  Subclause (7) does not limit any other circumstances in which a person may be taken to be aware of the fact that an exemption has been revoked or varied.
Subdivision 3 Plumbing permits
162   Application for plumbing permit
(1)  An application for a plumbing permit—
(a)  must be made in a form approved by the relevant water supply authority, and
(b)  must be lodged personally or by post at an office of the relevant water supply authority.
Note.
 Section 344 of the Act provides that it is an offence to make a false or misleading application.
(2)  The application must be lodged at least 2 working days before the day on which the work to which the application relates is proposed to be done.
(3)  An applicant must pay the fee determined by the relevant water supply authority for the issue of a plumbing permit.
163   Refusal of plumbing permits
(1)  A water supply authority may refuse to grant a plumbing permit to a person who, in its opinion, has previously done plumbing work in contravention of the Act, this Regulation or a direction under the Act or this Regulation.
(2)  A water supply authority may also refuse to grant a plumbing permit to a person while any relevant information that was not supplied with the application and that has been requested by it from the applicant is outstanding.
164   Conditions of plumbing permits
(1)  A water supply authority may grant a plumbing permit subject to conditions.
(2)  From time to time, a water supply authority—
(a)  may vary or revoke the conditions of a plumbing permit, or
(b)  may impose further conditions on a plumbing permit.
(3)  A person must not contravene a condition of a plumbing permit.
Maximum penalty—20 penalty units.
165   Duration of plumbing permits
Unless sooner suspended or cancelled, a plumbing permit has effect from the time it is granted until such time as it is expressed to expire.
166   Suspension or cancellation of plumbing permits
(1)  A water supply authority may, by written notice served on the holder of a plumbing permit, suspend or cancel the permit if—
(a)  the permit was granted on the basis of false or misleading information, or
(b)  the holder of the permit has contravened a condition of the permit, or
(c)  the holder of the permit has contravened the Act, this Regulation or a direction under the Act or this Regulation.
(2)  The notice must set out the reason for the suspension or cancellation.
(3)  A water supply authority may suspend or cancel a plumbing permit—
(a)  at the request of the holder of the permit, or
(b)  in the case of a plumbing permit, at the request of the owner of the land on which the work authorised by the permit is to be, or is being, done.
Subdivision 4 Authorisation of plumbing fittings
167   Authorisation of plumbing fittings
(1)  A water supply authority may authorise plumbing fittings for use in connection with plumbing work.
(2)  Before authorising a plumbing fitting of a particular kind, a water supply authority—
(a)  may require—
(i)  a fitting of that kind to be submitted to it for examination and testing, or
(ii)  submission to it of a satisfactory result of tests of a fitting of that kind carried out by a person or body approved by it, and
(b)  may require fittings of that kind to be manufactured under a system of quality assurance approved by it.
(3)  A water supply authority must not authorise a particular kind of plumbing fitting unless it is satisfied that it complies with the requirements of MP52—2005.
(4)  In this clause, MP52—2005 means the document entitled Manual of authorization procedures for plumbing and drainage products, published by Standards Australia, seventh edition (2005).