{"id":"nsw:sl-2022-0466","name":"Fluoridation of Public Water Supplies Regulation 2022","slug":"fluoridation-of-public-water-supplies-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"466 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176070,"registerId":"nsw-nsw:sl-2022-0466-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Fluoridation of Public Water Supplies Regulation 2022](/view/html/inforce/current/sl-2022-0466).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Fluoridation of Public Water Supplies Regulation 2017](/view/html/repealed/current/sl-2017-0419), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> fluoridating agent means a substance containing fluorine.\n> \n> Fluoridation Code means the document entitled New South Wales Code of Practice for Fluoridation of Public Water Supplies published in the Gazette from time to time by the Secretary.\n> \n> qualified operator means a person who holds the qualifications that a person is required to hold to be a qualified operator under the Fluoridation Code.\n> \n> the Act means the [Fluoridation of Public Water Supplies Act 1957](/view/html/inforce/current/act-1957-058).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Fluoridation of public water supplies","content":"# Part 2 Fluoridation of public water supplies\n\nPart 2 Fluoridation of public water supplies","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application to fluoridate public water supply","content":"#### 4 Application to fluoridate public water supply\n\n4 Application to fluoridate public water supply\n\n> For the Act, section 6, an application by a water supply authority for approval to fluoridate a public water supply must be—\n> \n> > (a) in the form required under the Fluoridation Code, and\n> \n> > (b) accompanied by the documents required by the form.\n> \n> Note—\n> \n> The Act, s 6(4) provides that the Secretary may require the water supply authority to give further information in relation to an application.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Fluoridation equipment","content":"#### 5 Fluoridation equipment\n\n5 Fluoridation equipment\n\n> A water supply authority must not fluoridate a public water supply unless the authority uses equipment designed, in accordance with the Fluoridation Code, to ensure accurate fluoride dosing.\n> \n> Maximum penalty—25 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Fluoridation to be carried out by qualified operators","content":"#### 6 Fluoridation to be carried out by qualified operators\n\n6 Fluoridation to be carried out by qualified operators\n\n> For the Act, section 11(1)(b), a water supply authority must not cause or allow a public water supply to be fluoridated by a person who is not a qualified operator, unless the person is permitted to do so in accordance with the Fluoridation Code.\n> \n> Maximum penalty—25 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Alterations requiring approval of Secretary","content":"#### 7 Alterations requiring approval of Secretary\n\n7 Alterations requiring approval of Secretary\n\n> > (1) If a water supply authority that fluoridates a public water supply proposes to alter the fluoridation plant in a way that would contravene a condition of the approval to fluoridate the water supply, the authority must obtain the written approval of the Secretary to the alteration before the alteration can be made.\n> > \n> > Maximum penalty—25 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.\n> \n> > (2) If the authority proposes to alter the water supply and the alteration would, in accordance with the Fluoridation Code, require the fluoridation plant to be altered, the authority must—\n> > \n> > > (a) obtain the written approval of the Secretary to alter the fluoridation plant, and\n> > \n> > > (b) alter the fluoridation plant in accordance with the approval and the Fluoridation Code.\n> > \n> > Maximum penalty—25 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Collection and analysis of water samples","content":"#### 8 Collection and analysis of water samples\n\n8 Collection and analysis of water samples\n\n> > (1) For the Act, section 11(1)(d), a water supply authority must collect water samples, in accordance with the Fluoridation Code, from each public water supply that the authority fluoridates.\n> \n> > (2) For the Act, section 11(1)(e), the authority must analyse the samples for fluoride content using the equipment and methods specified in the Fluoridation Code.\n> \n> > (3) The authority must provide, at the times and to the persons specified in the Fluoridation Code—\n> > \n> > > (a) the results of analyses carried out by the authority under this section in each month, and\n> > \n> > > (b) a water sample from the authority’s reticulation system.\n> > \n> > Maximum penalty—25 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.\n> \n> > (4) The authority must provide the Secretary with additional water samples from the authority’s reticulation system if requested to do so by the Secretary.\n> > \n> > Maximum penalty—25 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Security of premises","content":"#### 9 Security of premises\n\n9 Security of premises\n\n> > (1) A water supply authority must ensure that premises under the control of the authority at which 1 or more of the following are located remain locked when a qualified operator is not in attendance—\n> > \n> > > (a) the fluoridation plant,\n> > \n> > > (b) a fluoridating agent,\n> > \n> > > (c) fluoridation equipment.\n> > \n> > Maximum penalty—25 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.\n> \n> > (2) A person who is not a qualified operator must not enter premises under the control of a water supply authority at which 1 or more of the items referred to in subsection (1)(a)–(c) are located, unless—\n> > \n> > > (a) accompanied by a qualified operator, or\n> > \n> > > (b) with the approval of a qualified operator.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Records","content":"#### 10 Records\n\n10 Records\n\n> > (1) For the Act, section 11(1)(f), a water supply authority must keep records in accordance with the Fluoridation Code.\n> \n> > (2) The water supply authority must give a copy of the records to the Secretary if requested to do so by the Secretary.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Repeal and savings","content":"#### 11 Repeal and savings\n\n11 Repeal and savings\n\n> > (1) The [Fluoridation of Public Water Supplies Regulation 2017](/view/html/repealed/current/sl-2017-0419) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Fluoridation of Public Water Supplies Regulation 2017](/view/html/repealed/current/sl-2017-0419), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the 2017 instrument but expressly preserves acts, matters or things that had effect under the earlier regulation. The text does not by itself expand or narrow the stated regulatory scope beyond formal replacement and continuation of prior effects."},"complexity_factors":["Frequent delegation of substantive details to the external Fluoridation Code (forms, qualifications, equipment standards, sampling and reporting methods)","Multiple concurrent compliance obligations on water supply authorities (applications, equipment design, operator qualifications, alterations approval, sampling/analysis, reporting, records, site security) increasing administrative burden","Penalty regime includes daily continuing penalties, requiring ongoing compliance monitoring","Discretion and oversight powers vested in the Secretary (may require further information, approve alterations, request additional samples)","Cross-references to the Fluoridation of Public Water Supplies Act 1957 and the Interpretation Act 1987, making interpretation dependent on other instruments","Transitional provision repealing the 2017 Regulation while preserving existing acts/items creates continuity considerations for legacy arrangements"],"plain_english_summary":"This Regulation sets procedural and operational rules for water supply authorities in New South Wales that fluoridate public water. It requires applications in the form set by the Fluoridation Code, use of approved dosing equipment and qualified operators, Secretary approvals for certain plant alterations, routine sampling, analysis, reporting, records and site security, and attaches penalties for non‑compliance.\n\nIt repeals the 2017 regulation and preserves actions that had effect under that prior instrument."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation has remained unchanged since it was made on 19 August 2022, with a single in-force version. There is no evidence of amendments or scope changes from its original intent."},"complexity_factors":["Only administrative/metadata content was provided — no operative legal provisions are visible for analysis","The underlying subject matter (fluoridation standards and authorisation) can involve technical scientific thresholds, but these are not present in the supplied text","Regulation sits within a broader legislative framework (the parent Act and the Subordinate Legislation Act 1989), requiring cross-referencing to fully understand","Staged repeal mechanism adds a minor layer of temporal complexity"],"plain_english_summary":"This NSW regulation governs how fluoride is added to public water supplies, affecting water utilities, local councils, government bodies and, indirectly, all NSW residents who drink tap water. It broadly sets the framework for permissible fluoride levels and authorisation and operational arrangements.\n\nMade 19 August 2022, it remains unchanged and is scheduled for automatic repeal on 1 September 2027. It matters because fluoridation is a public‑health measure to reduce tooth decay."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation maintains its original scope as a procedural and technical implementation instrument for the Fluoridation of Public Water Supplies Act 1957. It repeals and replaces the 2017 version without expanding into new policy areas. The substance remains focused on the same core activities: application processes, equipment standards, operator qualifications, testing protocols, security, and record-keeping for water fluoridation."},"complexity_factors":["Short length (11 sections across 3 Parts)","Minimal defined terms (only 4 definitions in section 3: fluoridating agent, Fluoridation Code, qualified operator, the Act)","Heavy reliance on external document (Fluoridation Code) for substantive technical requirements - the Regulation defers to this Code for forms, qualifications, equipment standards, sampling methods, and record-keeping details","Simple conditional logic (primarily 'must not... unless' structures in sections 5, 6, and 9)","No nested exceptions or complex cross-referencing beyond basic references to the parent Act (Fluoridation of Public Water Supplies Act 1957)","Straightforward penalty structure with consistent monetary penalties across most offences","Standard savings provision (section 11) ensuring continuity from repealed 2017 Regulation"],"plain_english_summary":"This Regulation sets the rules for adding fluoride to public drinking water in New South Wales. It applies to **water supply authorities** (government or private bodies that manage water systems) that want to fluoridate water supplies.\n\n**What it does:**\n- **Applications**: Water authorities must apply to the Secretary (a senior government official) using a specific form and documents to get approval to fluoridate water.\n- **Equipment**: Authorities must use properly designed equipment that doses fluoride accurately, following technical standards set out in the \"Fluoridation Code\" (a separate technical document published in the Government Gazette).\n- **Qualified operators**: Only people with proper qualifications (or trainees supervised according to the Code) can operate fluoridation equipment.\n- **Alterations**: Authorities need written approval from the Secretary before making changes to fluoridation plants or water supplies that would affect fluoridation.\n- **Testing**: Authorities must regularly collect water samples, test fluoride levels using approved methods, and report results to specified people. They must provide extra samples if the Secretary asks.\n- **Security**: Premises containing fluoridation equipment, plants, or chemicals must be kept locked when qualified operators aren't there. Unauthorised people can't enter unless accompanied by or approved by a qualified operator.\n- **Records**: Authorities must keep records as specified in the Fluoridation Code and provide them to the Secretary on request.\n\n**Why it matters:**\nThis Regulation ensures fluoride is added to drinking water safely and consistently. It protects public health by preventing tooth decay while ensuring the chemicals are handled securely, equipment works properly, and operators are qualified. It also ensures transparency through testing and record-keeping requirements.\n\n**Penalties:**\nMost offences carry a maximum penalty of 25 penalty units (roughly $2,750 at current rates) plus 5 penalty units per day for continuing offences. Unauthorised entry to secure premises carries 10 penalty units (roughly $1,100)."}},"importantCases":[],"_links":{"self":"/api/acts/fluoridation-of-public-water-supplies-regulation-2022","history":"/api/acts/fluoridation-of-public-water-supplies-regulation-2022/history","analysis":"/api/acts/fluoridation-of-public-water-supplies-regulation-2022/analysis","conflicts":"/api/acts/fluoridation-of-public-water-supplies-regulation-2022/conflicts","importantCases":"/api/acts/fluoridation-of-public-water-supplies-regulation-2022/important-cases","documents":"/api/acts/fluoridation-of-public-water-supplies-regulation-2022/documents"}}