{"id":"health-act-sewerage-drainage-and-underground-water-supply-regulations-1959","name":"Health Act (Sewerage Drainage and Underground Water Supply) Regulations 1959","slug":"health-act-sewerage-drainage-and-underground-water-supply-regulations-1959","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176727,"registerId":"wa-health-act-sewerage-drainage-and-underground-water-supply-regulations-1959-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Act (Sewerage Drainage and Underground Water Supply) Regulations 1959","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth Act (Underground Water Supply) Regulations 1959\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 7 March 2003**\n\n\nWestern Australia\n\nHealth Act (Underground Water Supply) Regulations 1959\n\nContents\n\n1. Citation 1\n\n2. Districts to which regulations apply 1\n\n11. Prior approval required for well 1\n\n12. Use of well subject to conditions 2\n\n13. Deposit of sewage, etc., near wells 2\n\n14. Offences and penalties 2\n\nSchedule B\n\nHealth districts\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth Act (Underground Water Supply) Regulations 1959\n\n##### 1. Citation\n\nThese regulations may be cited as the *Health Act (Underground Water Supply) Regulations 1959* 1.\n\n[Regulation 1 amended: Gazette 20 Mar 1963 p. 890; 30 Jul 1968 p. 2204.]\n\n##### 2. Districts to which regulations apply\n\nThese regulations apply and have effect in the districts specified in Schedule “B” .\n\n[**3-10.** Deleted: Gazette 30 Jul 1968 p. 2204.]\n\n##### 11. Prior approval required for well\n\nA person shall not construct or cause to be constructed on any land a well or other underground source of water supply, or any works for disposal of offensive matter, unless he has obtained the prior approval of the local authority to the position on the land where that well, water supply or works may be constructed and the well, water supply or works is or are constructed in that position on the land.\n\n[Regulation 11 inserted: Gazette 20 Mar 1963 p. 890.]\n\n##### 12. Use of well subject to conditions\n\nThe occupier of any premises shall not use the water of any well for human consumption, unless that well complies with the following conditions: —\n\n(a) It is situated not less than 30 metres from any soak well or any other probable source of pollution.\n\n(b) It is lined with impervious material to a depth of 1.8 metres below the surface of the ground and such lining is carried up to a height of not less than 300 millimetres above the surface of the ground adjacent to the well.\n\n(c) It is covered with a tight‑fitting cover that has no opening other than that essential for the insertion of a pump.\n\n(d) The surface of the ground immediately adjacent to the well is covered with impervious material for a distance of not less than 600 millimetres around the well in all directions and is graded with a fall away from the well.\n\n[Regulation 12 inserted: Gazette 20 Mar 1963 p. 890; amended: Gazette 3 May 1974 p. 1440.]\n\n##### 13. Deposit of sewage, etc., near wells\n\nA person shall not deposit on, in or under any land any sewage or offensive matter, or any other substance or thing, that may pollute or render unfit for human consumption the water in any well or other underground source of water supply, which water is used or intended or likely to be used for human consumption, unless the place where that sewage, offensive matter or other substance or thing is deposited is situated not less than thirty metres distant from that well or other underground source of water supply.\n\n[Regulation 13 inserted: Gazette 20 Mar 1963 p. 890; amended: Gazette 3 May 1974 p. 1440.]\n\n##### 14. Offences and penalties\n\n(1) A person who contravenes a provision of the regulations specified in the Table to this subregulation commits an offence.\n\n**Table**\n\nRegulations 11, 12, and 13\n\n(2) A person who commits an offence under subregulation (1) is liable to —\n\n(a) a penalty which is not more than $1 000 and not less than —\n\n(i) in the case of a first offence, $100;\n\n(ii) in the case of a second offence, $200; and\n\n(iii) in the case of a third or subsequent offence, $500;\n\nand\n\n(b) if that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.\n\n[Regulation 14 inserted: Gazette 23 Dec 1988 p. 4974.]\n\n[Schedule A deleted: Gazette 30 Jul 1968 p. 2204.]\n\nSchedule B\n\nHealth districts\n\nThe local government 2 districts of —\n\n(a) the Cities of Fremantle, Nedlands, Perth 3, South Perth and Subiaco;\n\n(b) the Towns of Albany, Boulder, Bunbury, Carnarvon, Claremont, Cottesloe, East Fremantle, Geraldton, Kalgoorlie, Melville, Midland, Mosman Park, Narrogin, Northam and York;\n\n(c) The Shires of Albany, Armadale‑Kelmscott, Ashburton, Augusta‑Margaret River, Balingup, Bassendean, Bayswater, Belmont, Beverley, Boddington, Bridgetown, Brookton, Broome, Broomehill, Bruce Rock, Busselton, Canning, Capel, Carnamah, Chapman Valley, Chittering, Cockburn, Collie, Coolgardie, Coorow, Corrigin, Cranbrook, Cuballing, Cue, Cunderdin, Dalwallinu, Dandaragan, Dardanup, Denmark, Donnybrook, Dowerin, Dumbleyung, Dundas, Esperance, Gascoyne‑Minilya, Geraldton‑Greenough, Gingin, Gnowangerup, Goomalling, Gosnells, Greenbushes, Hall's Creek, Harvey, Irwin, Kalamunda, Kalgoorlie, Katanning, Kellerberrin, Kojonup, Kondinin, Koorda, Kulin, Kwinana, Lake Grace, Laverton, Leonora, Mt. Marshall, Mt. Magnet, Mandurah, Manjimup, Marble Bar, Meekatharra, Menzies, Merredin, Mingenew, Moora, Morawa, Mukinbudin, Mullewa, Mundaring, Murchison, Murray, Nannup, Narembeen, Narrogin, Northam, Northampton, Nullagine, Nungarin, Nyabing‑Pingrup, Peppermint Grove, Perenjori, Perth, Pingelly, Plantagenet, Port Hedland, Quairading, Ravensthorpe, Rockingham, Roebourne, Sandstone, Serpentine‑Jarrahdale, Shark Bay, Swan‑Guildford, Tableland, Tambellup, Tammin, Three Springs, Toodyay, Trayning‑Kununoppin‑Yelbeni, Upper Blackwood, Under Gascoyne, Victoria Plains, Wagin, Wandering, Wanneroo, Waroona, West Arthur, West Kimberley, Westonia, Wickepin, Wiluna, Williams, Woodanilling, Wongan‑Ballidu, Wyalkatchem, Wyndham‑East Kimberley, Yalgoo, Yilgarn and York.\n\n[Schedule B inserted: Gazette 31 Aug 1962 p. 2404‑5; amended: Gazette 8 Nov 1962 p. 3651.]\n\nNotes\n\n1 This reprint is a compilation as at 7 March 2003 of the *Health Act (Underground Water Supply) Regulations 1959* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Sewerage and Drainage Fixtures and Fittings Regulations 1959* 4 | 15 Sep 1959 p. 2321‑4 | 15 Sep 1959 |\n|  | 21 Dec 1959 p. 3442 | 21 Dec 1959 |\n|  | 25 Nov 1960 p. 3820 | 25 Nov 1960 |\n|  | 16 Nov 1961 p. 3193 | 16 Nov 1961 |\n|  | 31 Aug 1962 p. 2404-5 | 31 Aug 1962 |\n|  | 8 Nov 1962 p. 3651 | 8 Nov 1962 |\n|  | 20 Mar 1963 p. 890 | 20 Mar 1963 |\n|  | 7 Nov 1963 p. 3412-13 | 7 Nov 1963 |\n|  | 20 Aug 1964 p. 2938 | 20 Aug 1964 |\n| **Reprint of the *Health Act (Sewerage, Drainage and Underground Water Supply) Regulations 1959* authorised 25 Jan 1965, published in *Gazette* 2 Feb 1965 p. 409-14** (includes amendments listed above) | | |\n|  | 30 Jul 1968 p. 2204 | 1 Jan 1969 |\n|  | 3 May 1974 p. 1440 | 3 May 1974 |\n| *Health (Offences and Penalties) Amendment Regulations (No. 2) 1988* Pt. 12 | 23 Dec 1988 p. 4970-5 | 23 Dec 1988 |\n| **Reprint 2: *Health Act (Underground Water Supply) Regulations 1959* as at 7 Mar 2003** (includes amendments listed above) | | |\n\n\n3 Under the *Local Government Act 1995* Sch. 9.3 cl. 3(2) a reference to a district of a municipality under the *Local Government Act 1960* may, when the context requires, be read as if it had been amended to include or be a reference to a district of a local government under the *Local Government Act 1995*. This reference was changed under the *Reprints Act 1984* s. 7(5)(a).\n\n3 At the date this reprint was prepared the former municipal district of the City of Perth had been divided into 4 local government districts, namely the City of Perth, and the towns of Vincent, Cambridge and Victoria Park (formerly Shepperton).\n\n4 Now known as the *Health Act (Underground Water Supply) Regulations 1959*; citation changed (see note under r. 1).\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was inaccessible. The page returned a broken link notice due to website system upgrades. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content was retrievable — the page returned a 'no longer available' error","Cannot assess complexity without access to the actual text of the regulations","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The 1959 regulations, made under Western Australia’s Health Act, appear to deal with sewerage, drainage and underground water supply (bores/aquifers). They would mainly affect property owners, developers, local councils and water/sewerage authorities because they set public‑health and infrastructure rules. The official text could not be retrieved online; check the WA legislation website or contact the Parliamentary Counsel’s Office to confirm whether these regulations still apply or have been amended or repealed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument’s scope has been narrowed and edited since first made. The original compilation and subsequent reprints show deletions (regs 3–10 and Schedule A) and a citation change from a wider \"Sewerage, Drainage and Underground Water Supply\" instrument to the narrower \"Underground Water Supply\" Regulations (see r.1 note, deletions noted at r.2 and compilation table). As a result, the current regulations focus on underground water supply controls in the listed districts rather than the broader sewerage and drainage matters appearing in earlier versions."},"complexity_factors":["Geographic scope limited to a long list of named local government districts (r.2; Schedule B) — administrative enforcement must track many local authorities.","Administrative discretion: local authority must give prior approval to the position of wells/works (r.11) — creates case‑by‑case decision points and potential variance in outcomes.","Prescriptive technical requirements for potable wells (r.12) — specific distances, lining depth/height, cover and surface sealing impose measurable construction compliance costs.","Pollution prohibition with a fixed minimum buffer (30 metres) for deposit of sewage and offensive matter (r.13) — creates clear but strict spatial restriction on land use.","Tiered penalties and daily fines for continuing offences (r.14) — graduated sanctioning increases enforcement complexity and financial exposure for repeat/ongoing breaches.","Multiple historical amendments, deletions and reprints (see Notes/Compilation table; deletions of rr.3–10 and Schedule A) — interpretive history must be checked for current effect and past scope changes.","Cross‑references to other legislation and administrative arrangements (Health Act 1911; Local Government Act notes) — requires reading in statutory and local government context."],"plain_english_summary":"These regulations set approval, siting and construction rules for private wells and other underground water supplies in specified Western Australian local government districts. They require prior local‑authority approval before construction, prescribe technical standards for wells used for drinking (separation distances, lining, cover and surface sealing), prohibit depositing sewage near those sources, and impose tiered fines for breaches.\n\nThey affect landowners, occupiers and builders in the named districts; compliance involves obtaining approvals, meeting construction specifications and facing penalties for non‑compliance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"Originally enacted as the 'Sewerage and Drainage Fixtures and Fittings Regulations 1959' covering sewerage, drainage AND underground water supply, the regulations were significantly narrowed by 1968 amendments which deleted regulations 3-10 and Schedule A (likely covering sewerage and drainage fixtures). The current form is essentially a renamed and reduced version focused solely on underground water supply protection, representing a substantial reduction from the original tripartite scope."},"complexity_factors":["Only 4 substantive regulations (11-14) plus citation and application provisions","Minimal defined terms (no interpretation section)","No cross-references to other legislation within the operative provisions","Simple conditional structure: prohibition + exception/condition","Straightforward penalty structure in tabular form","Deleted regulations 3-10 and Schedule A reduce complexity","Geographic scope limited to listed districts in Schedule B"],"plain_english_summary":"These regulations protect public health by controlling how wells and underground water supplies are built and used in Western Australia. They apply to specific local government areas listed in Schedule B (mostly Perth metropolitan area and regional towns).\n\n**What the rules do:**\n- **Approval required**: You need permission from your local council before digging a well or building sewage disposal works (regulation 11).\n- **Well construction standards**: If you want to drink from a well, it must meet strict safety requirements (regulation 12):\n  - Be at least 30 metres from any soak well or pollution source\n  - Be lined with waterproof material going 1.8 metres deep and rising 300mm above ground\n  - Have a tight-fitting cover with only a small opening for a pump\n  - Have waterproof ground covering for 600mm around it, sloping away from the well\n- **Pollution ban**: You cannot dump sewage or offensive material within 30 metres of a well used for drinking water (regulation 13).\n\n**Penalties:**\nBreaking these rules can result in fines between $100-$1,000 depending on whether it's a first, second or repeat offence. Continuing offences (ongoing violations) attract daily fines of $50-$100 per day.\n\n**Why it matters:**\nThese rules prevent groundwater contamination and waterborne diseases by ensuring drinking water wells are properly separated from sewage and pollution sources. This is particularly important in areas without reticulated (mains) water supply."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-act-sewerage-drainage-and-underground-water-supply-regulations-1959","history":"/api/acts/health-act-sewerage-drainage-and-underground-water-supply-regulations-1959/history","analysis":"/api/acts/health-act-sewerage-drainage-and-underground-water-supply-regulations-1959/analysis","conflicts":"/api/acts/health-act-sewerage-drainage-and-underground-water-supply-regulations-1959/conflicts","importantCases":"/api/acts/health-act-sewerage-drainage-and-underground-water-supply-regulations-1959/important-cases","documents":"/api/acts/health-act-sewerage-drainage-and-underground-water-supply-regulations-1959/documents"}}