{"id":"health-act-underground-water-supply-regulations-1959","name":"Health Act (Underground Water Supply) Regulations 1959","slug":"health-act-underground-water-supply-regulations-1959","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176732,"registerId":"wa-health-act-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 (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":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. No content exists from which to compare original intent against actual effect."},"complexity_factors":["No legislative content is available to analyse — the source page returns a 'no longer available' error","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These 1959 regulations, made under Western Australia’s Health Act, would have set detailed rules governing underground water supplies (wells, bores or groundwater used for health-related purposes). They affect water users, health and regulatory authorities and could be outdated, amended or repealed. To confirm current law, consult the WA legislation website or contact the Parliamentary Counsel’s Office."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Since original enactment the instrument's practical scope has been altered by amendment: several numbered regulations (3–10) and Schedule A were deleted, Schedule B (the list of local government districts where the rules apply) was inserted/amended, and offences/penalties were updated (Reg 14 inserted 1988). As a result the regulations now operate only in the specified districts and reflect later changes to offence penalties and procedural requirements."},"complexity_factors":["Limited geographic application: the regulations apply only in districts listed in Schedule B, requiring local mapping to determine applicability.","Administrative discretion: prior approval by the local authority is required for siting (Reg 11), creating potential variation in outcomes and processing burden.","Technical construction standards: specific measurements and materials (e.g. 30 m setbacks, 1.8 m impervious lining, 300 mm above‑ground, 600 mm impervious apron) require technical compliance and inspection (Reg 12).","Prohibition rule tied to use: deposit ban depends on whether the underground supply is used or likely to be used for human consumption (Reg 13), introducing a factual determination.","Enforcement design: tiered penalties for first, second and subsequent offences plus daily continuing penalties add administrative tracking and escalation (Reg 14).","Statutory history: several provisions were inserted or deleted and the instrument has multiple amendments and reprints, which complicates historical interpretation and identify current text (e.g. regs 3–10 deleted; Schedule A deleted).","Cross‑references and notes: references to the Health Act 1911 and to local government legislation (in notes) affect how district references are read and applied."],"plain_english_summary":"_These regulations_ require landowners in specified Western Australian local government districts to obtain local‑authority approval before constructing wells or underground water works, set minimum siting and construction standards (setbacks, lining, covers, surfacing) for wells used for human consumption, and ban depositing sewage within 30 metres of such supplies. They impose tiered fines and daily penalties for breaches. The rules affect occupiers, builders and local authorities by creating technical compliance costs, an approval step, and discretionary enforcement."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"Originally enacted as the 'Health Act (Sewerage, Drainage and Underground Water Supply) Regulations 1959', covering three distinct areas. The sewerage and drainage components were removed in 1968 (deleting regulations 3-10 and Schedule A), narrowing scope to underground water supply only. The regulations have also expanded geographically through amendments to Schedule B, growing from original districts to cover most of Western Australia's local government areas."},"complexity_factors":["Very short: only 4 substantive regulations (11-14) plus citation and application provisions","Minimal defined terms: no interpretation section, ordinary language used throughout","No cross-references to other legislation within the operative provisions (only historical notes reference other Acts)","Simple conditional structure: straightforward prohibitions ('shall not') with basic exception clauses","Single schedule listing districts with straightforward tabular format","Deleted provisions (3-10, Schedule A) indicate original scope was broader but has been simplified over time"],"plain_english_summary":"These regulations protect drinking water from contamination by controlling how wells and underground water sources are built and used in Western Australia.\n\n**What it does:**\n- Requires people to get **local council approval** before digging a well or building waste disposal works, and to build them in the approved location\n- Sets **minimum safety standards** for wells used for drinking water, including:\n  - Must be at least 30 metres from soak wells or pollution sources\n  - Must be lined with waterproof material extending above ground\n  - Must have a tight-fitting cover with only a small pump opening\n  - Ground around the well must be sealed and sloped away to prevent runoff entering\n- Bans dumping sewage or offensive matter within 30 metres of any well used (or likely to be used) for drinking water\n\n**Who it affects:**\n- Property owners and occupiers in the listed Western Australian districts (covering Perth metro area, major regional towns, and most rural shires)\n- Local councils (as the approving authority)\n\n**Why it matters:**\nBefore modern reticulated water supplies, many households relied on private wells. These rules prevent **groundwater contamination** from sewage, septic systems, and surface runoff—protecting public health from waterborne diseases like typhoid and dysentery. The regulations remain relevant for rural properties still using bore water."}},"importantCases":[],"_links":{"self":"/api/acts/health-act-underground-water-supply-regulations-1959","history":"/api/acts/health-act-underground-water-supply-regulations-1959/history","analysis":"/api/acts/health-act-underground-water-supply-regulations-1959/analysis","conflicts":"/api/acts/health-act-underground-water-supply-regulations-1959/conflicts","importantCases":"/api/acts/health-act-underground-water-supply-regulations-1959/important-cases","documents":"/api/acts/health-act-underground-water-supply-regulations-1959/documents"}}