{"id":"health-airhandling-and-water-systems-regulations-1994","name":"Health (Air-handling and Water Systems) Regulations 1994","slug":"health-air-handling-and-water-systems-regulations-1994","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176735,"registerId":"wa-health-airhandling-and-water-systems-regulations-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Air-handling and Water Systems) Regulations 1994","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Air-handling and Water Systems) Regulations 1994\n\nWestern Australia\n\nHealth (Air-handling and Water Systems) Regulations 1994\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Application 2\n\nPart 2 — Adoption of AS 3666\n\n5. Adoption of AS 3666 4\n\n6. Exemption may be granted 4\n\nPart 3 — Design, installation, operation and maintenance of a system\n\n7. Application for approval 5\n\n8. Design and installation 6\n\n9. Operation and maintenance 6\n\nPart 4 — Requirements in addition to AS 3666\n\n10. Control of liquids and dust 7\n\n11. Unsuitable materials 7\n\nPart 5 — Closure of systems\n\n12. Local government may close air‑handling system, water system or cooling tower 8\n\n13. Chief Health Officer may close air‑handling system, water system or cooling tower 9\n\n14. Re‑opening of air‑handling system, water system or cooling tower 9\n\n15. Notice given by Chief Health Officer prevails 10\n\nPart 6 — Offences and penalties\n\n16. Offences and penalties 11\n\nNotes\n\nCompilation table 12\n\nDefined terms\n\n  \n\nWestern Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Air‑handling and Water Systems) Regulations 1994\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations may be cited as the *Health (Air‑handling and Water Systems) Regulations 1994* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day that is 3 months after the day on which they are published in the *Government Gazette* 1.\n\n##### 3. Interpretation\n\n(1) In these regulations, unless the context otherwise requires —\n\n  air‑handling system means an air‑­handling system as defined in AS 3666 but does not include a dry system which does not use water or other liquids to operate, humidify, clean, maintain, heat or cool the air;\n\nAS 3666 means the standards published by Standards Australia as —\n\n(a) AS/NZS 3666.1:1995 Air‑handling and water systems of buildings — Microbial control — Part 1: Design, installation and commissioning;\n\n(b) AS/NZS 3666.1:1995/Amdt 1 — 1996 Air‑handling and water systems of buildings — Microbial control — Part 1: Design, installation and commissioning;\n\n(c) AS/NZS 3666.2:1995 Air‑handling and water systems of buildings — Microbial control — Part 2: Operation and maintenance;\n\n(d) AS/NZS 3666.1:1995/Amdt 1 — 1996 Air‑handling and water systems of buildings — Microbial control — Part 2: Operation and maintenance; and\n\n(e) AS/NZS 3666.3:2000 Air‑handling and water systems of buildings — Microbial control — Part 3: Performance‑based maintenance of cooling water systems;\n\n  cooling tower means a cooling tower as defined in AS 3666 and also means any other liquid cooled heat rejection or liquid cooling equipment;\n\n  water system means a piped water system within a building designed to deliver water to outlet points.\n\n(2) A word or phrase used in these regulations and defined in AS 3666 has the same meaning in these regulations as in AS 3666.\n\n[Regulation 3 amended: Gazette 23 Oct 2001 p. 5634‑5; 10 Jan 2017 p. 257.]\n\n##### 4. Application\n\n(1) These regulations have effect in all districts.\n\n(2) These regulations apply in respect of all buildings, other than a building that is classified as a Class 1, Class 2 or Class 10 building under the *Building Regulations 2012* regulation 6.\n\n(3) These regulations apply in respect of the operation and maintenance of air‑handling and water systems and cooling towers installed in buildings and apply to a system whether it was installed before or after the commencement of these regulations.\n\n(4) These regulations apply in respect of the design and installation of air‑handling and water systems and cooling towers to be installed in buildings where the installation of the system starts after the commencement of these regulations.\n\n[Regulation 4 amended: Gazette 23 Oct 2001 p. 5635; 30 Jul 2013 p. 3485.]\n\n## Part 2 — Adoption of AS 3666\n\n##### 5. Adoption of AS 3666\n\n(1) Subject to this regulation AS 3666 is adopted and forms part of these regulations.\n\n(2) The provisions of these regulations are in addition to and not in derogation of the requirements of AS 3666 but where a requirement under those standards is inconsistent with a provision of these regulations the provisions of these regulations prevail to the extent of that inconsistency.\n\n##### 6. Exemption may be granted\n\n(1) A person who wishes to install or modify and operate an air‑handling system, water system or cooling tower which does not comply with AS 3666, who satisfies the local government that the air‑handling system, water system or cooling tower is satisfactory for the purposes of these regulations, may, with the written approval of the Chief Health Officer, install or modify and operate such an air‑handling system, water system or cooling tower subject to any conditions imposed by the Chief Health Officer.\n\n(2) A person who wishes to use a system of maintenance for an air‑handling system, water system or cooling tower which does not comply with AS 3666, who satisfies the local government that the proposed system of maintenance of the air‑handling system, water system or cooling tower is satisfactory for the purposes of these regulations, may, with the written approval of the Chief Health Officer, maintain the air‑handling system, water system or cooling tower using that proposed system, subject to any conditions imposed by the Chief Health Officer.\n\n(3) The Chief Health Officer may amend or cancel an approval granted under this regulation.\n\n[Regulation 6 amended: Gazette 23 Oct 2001 p. 5635; 10 Jan 2017 p. 257.]\n\n## Part 3 — Design, installation, operation and maintenance of a system\n\n##### 7. Application for approval\n\n(1) A person who proposes to install, or substantially modify, an air‑handling system, water system or cooling tower in a building must make an application for that purpose to the local government and obtain the written approval of the local government.\n\n(2) A person who contravenes subregulation (1) commits an offence.\n\n(3) An application under subregulation (1) in relation to an air‑handling system or cooling tower must be accompanied by a plan that includes —\n\n(a) details of the type, design, layout and location of the air‑handling system or cooling tower;\n\n(b) the location of air inlets and air exhausts, including windows which open;\n\n(c) the direction of the prevailing winds and localized wind patterns;\n\n(d) the location and design of other inlets and discharges which may effect or be effected by the proposed installation; and\n\n(e) the position and type of any proposed developments in the vicinity of the installation of which the local government have received notice.\n\n(4) An application under subregulation (1) in relation to a water system must be accompanied by —\n\n(a) details of the type of system; and\n\n(b) plans of the design of the system,\n\nto be installed.\n\n[Regulation 7 amended: Gazette 16 Sep 1994 p. 4751; 23 Oct 2001 p. 5635.]\n\n##### 8. Design and installation\n\nUnless the local government is satisfied that the information provided under regulation 7(3) and (4) with respect to the design and installation of an air‑handling system, water system or cooling tower complies with the provisions of AS 3666 applicable to the design and installation of that system, the local government shall not grant the approval referred to in regulation 7(1) nor allow the installation of such a system.\n\n[Regulation 8 amended: Gazette 23 Oct 2001 p. 5635.]\n\n##### 9. Operation and maintenance\n\n(1) A person to whom a provision of AS 3666 applicable to the operation and maintenance of an air‑handling system, water system or cooling tower applies must comply with that provision.\n\n(2) A person who contravenes subregulation (1) commits an offence.\n\n## Part 4 — Requirements in addition to AS 3666\n\n##### 10. Control of liquids and dust\n\n(1) The owner or occupier of a building must ensure that —\n\n(a) any liquids discharged in the course of operation or maintenance carried out under these regulations are directed to and discharged into a sewer or other waste system approved by the local government and any other relevant authority;\n\n(b) any aerosols, dust or particulate matter generated during operation or maintenance are not allowed to contaminate adjoining areas and the ambient environment; and\n\n(c) unless authorised by the owner or occupier, public access to any area referred to in paragraph (b) is prohibited.\n\n(2) A person who contravenes subregulation (1) commits an offence.\n\n[Regulation 10 amended: Gazette 23 Oct 2001 p. 5635.]\n\n##### 11. Unsuitable materials\n\n(1) If the local government is satisfied that any material is or may be unsafe for the purposes of use in an air‑handling system, water system or cooling tower the local government may, with the written approval of the Chief Health Officer, direct that that material must not be used in the construction of such a system.\n\n(2) A person who uses a material in contravention of a direction given under subregulation (1) commits an offence.\n\n[Regulation 11 amended: Gazette 23 Oct 2001 p. 5635; 10 Jan 2017 p. 257.]\n\n## Part 5 — Closure of systems\n\n##### 12. Local government may close air‑handling system, water system or cooling tower\n\n(1) The local government may, by notice in writing served on the —\n\n(a) owner or occupier of the building; or\n\n(b) the person in charge of an air‑handling system, water system or cooling tower,\n\ndirect that an air‑handling system, a water system or a cooling tower is closed forthwith, if the local government is satisfied that the air‑handling system, water system or cooling tower could, if it continued to operate, cause a serious risk to health.\n\n(2) The local government must forthwith notify the Chief Health Officer of a closure effected by notice under subregulation (1) and, as soon as practicable, furnish the Chief Health Officer with a copy of such notice.\n\n(3) Unless confirmed in writing by the Chief Health Officer a notice referred to in subregulation (1) expires 48 hours after service of the notice and the air‑handling system, water system or cooling tower to which the notice relates may resume operating.\n\n(4) The Chief Health Officer may amend or cancel a notice referred to in subregulation (1) in writing, within 48 hours of the service of the notice, if he or she considers it appropriate to do so and where the notice is cancelled the air‑handling system, water system or cooling tower to which the notice relates may resume operating.\n\n(5) An owner or occupier or any person who fails to give effect to a direction under subregulation (1) commits an offence.\n\n[Regulation 12 amended: Gazette 23 Oct 2001 p. 5635; 10 Jan 2017 p. 257.]\n\n##### 13. Chief Health Officer may close air‑handling system, water system or cooling tower\n\n(1) Notwithstanding the power conferred on a local government under regulation 12(1), the Chief Health Officer may, by notice in writing served on the —\n\n(a) owner or occupier of the building; or\n\n(b) the person in charge of an air‑handling system, water system or cooling tower,\n\ndirect that an air‑handling system, a water system or a cooling tower is closed forthwith, if he or she is satisfied that the air‑handling system, water system or cooling tower could, if it continued to operate, cause a serious risk to health.\n\n(2) An owner or occupier or any person who fails to give effect to a direction under subregulation (1) commits an offence.\n\n[Regulation 13 amended: Gazette 23 Oct 2001 p. 5635; 10 Jan 2017 p. 257.]\n\n##### 14. Re‑opening of air‑­handling system, water system or cooling tower\n\n(1) Subject to subregulation (2), an air‑handling system, water system or cooling tower which has been closed under this Part shall remain closed until —\n\n(a) where the local government has closed the air‑handling system, water system or cooling tower under regulation 12, the local government; or\n\n(b) in any event, the Chief Health Officer,\n\ndirects in writing that the air‑handling system, water system or cooling tower may be re‑opened.\n\n(2) Subregulation (1) does not apply to an air‑handling system, water system or cooling tower where the Chief Health Officer has —\n\n(a) not confirmed a notice of closure under regulation 12(3); or\n\n(b) cancelled a notice of closure under regulation 12(4).\n\n[Regulation 14 amended: Gazette 23 Oct 2001 p. 5635; 10 Jan 2017 p. 257.]\n\n##### 15. Notice given by Chief Health Officer prevails\n\nWhere there is conflict or inconsistency between the provisions in a notice given by the Chief Health Officer and a notice given by the local government under this Part, the provisions of the notice given by the Chief Health Officer to the extent of the conflict or inconsistency shall prevail.\n\n[Regulation 15 amended: Gazette 23 Oct 2001 p. 5635; 10 Jan 2017 p. 257.]\n\n## Part 6 — Offences and penalties\n\n##### 16. Offences and penalties\n\n(1) A person who contravenes or fails to comply with any of the provisions of these regulations commits an offence.\n\n(2) A person who commits an offence under these regulations 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\nNotes\n\n1 This is a compilation of the *Health (Air-handling and Water Systems) Regulations 1994* 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| *Health (Air‑handling and Water Systems) Regulations 1994* | 24 Jun 1994 p. 2993‑3004 | 24 Sep 1994 (see r. 2) |\n| *Health (Air‑handling and Water Systems) Amendment Regulations 1994* | 16 Sep 1994 p. 4751 | 24 Sep 1994 (see r. 2) |\n| *Health (Air‑handling and Water Systems) Amendment Regulations 2001* | 23 Oct 2001 p. 5634‑5 | 23 Oct 2001 |\n| **Reprint 1: The *Health (Air‑handling and Water Systems) Regulations 1994* as at 29 Aug 2003** (includes amendments listed above) | | |\n| *Health (Air‑handling and Water Systems) Amendment Regulations 2013* | 30 Jul 2013 p. 3485 | r. 1 and 2: 30 Jul 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Jul 2013 (see r. 2(b)) |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt.8 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nair‑handling system 3(1)\n\nAS 3666 3(1)\n\ncooling tower 3(1)\n\nwater system 3(1)\n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The compiled instrument shows amendments recorded in the compilation table (1994, 2001, 2013, 2017) and amendment notes beside specific regulations. The present text therefore reflects changes since the original 1994 publication. The current scope is set out in Reg 4 (application to all districts, excluding Building Regulations classes 1, 2 and 10) and the specific editions/parts of AS 3666 that are adopted (Reg 3; Reg 5), indicating the instrument’s scope has been altered or clarified through those listed amendments."},"complexity_factors":["Incorporation of an external technical standard (AS 3666) by reference, including multiple parts and amendments that become binding (Reg 5; Reg 3 definitions).","Reliance on definitions in the adopted standard, so interpretation of terms depends on AS 3666 (Reg 3(2)).","Dual decision‑making layers: local government must grant approvals and may close systems, while the Chief Health Officer can grant exemptions, confirm/amend/cancel closures and override local notices (Regs 6, 7–8, 12–15).","Mandatory application and documentation requirements for installations and substantial modifications — detailed plan content for air‑handling/cooling towers and design plans for water systems (Reg 7(3)–(4)), creating compliance and administrative burdens.","Exemption regime requiring local government satisfaction plus written CHO approval, with the CHO able to amend or cancel approvals (Reg 6(1)–(3)) — discretionary approvals create uncertainty for applicants.","Time‑limited emergency closure power exercised by local government that expires unless CHO confirms within 48 hours, creating short deadlines for administrative review and potential operational disruption (Reg 12(1)–(4)).","Specific operational obligations beyond AS 3666 (control of liquids, aerosols, dust; prohibition of unsuitable materials subject to CHO approval) that assign direct duties to owners/occupiers and involve coordination with other authorities (Regs 10–11).","Offences and graduated monetary penalties, including minimums for repeat offences and daily penalties for continuing offences, which raise the financial stakes of non‑compliance (Reg 16).","Scope exclusions and application rules reference external Building Regulations classes, requiring cross‑checking with other instruments to determine applicability (Reg 4(2))."],"plain_english_summary":"These regulations adopt Australian Standard AS 3666 and set technical rules for the design, installation, operation and maintenance of air‑handling systems, water systems and cooling towers in most buildings (excluding Class 1, 2 and 10). Owners, occupiers and operators must obtain local‑government approval for new or substantially modified systems, follow operational standards or seek written exemptions, and face fines; local governments and the Chief Health Officer can order closures, with the Chief Health Officer prevailing on conflict."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of microbial control in building air-handling and water systems. The amendments shown in the compilation table (1994, 2001, 2013, 2017) appear to be technical updates and machinery provisions rather than scope expansion. The core scheme—adopting AS 3666, requiring approvals for installation, and providing emergency closure powers—has remained consistent since 1994."},"complexity_factors":["Incorporation by reference of external standard AS 3666 (5 separate documents spanning 1995-2000) which changes over time and requires cross-referencing","Dual enforcement structure with overlapping powers between local government and Chief Health Officer requiring conflict resolution rules (regulation 15)","Nested conditional logic in closure provisions: local government can close, but Chief Health Officer must confirm within 48 hours, unless cancelled, with different re-opening triggers (regulations 12-14)","Multiple amendment references (2001, 2013, 2017) indicating evolving regulatory framework","Building classification cross-reference to Building Regulations 2012 (regulation 4(2)) creates external dependency","Exemption mechanism with dual satisfaction test (local government + Chief Health Officer) and conditional powers (regulation 6)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set health and safety rules for air-conditioning, ventilation, and water systems in buildings across Western Australia. They aim to stop the spread of dangerous bacteria like *Legionella* (which causes Legionnaires' disease) by ensuring these systems are properly designed, installed, operated, and maintained.\n\n**Who it affects:**\n\n- **Building owners and occupiers** – must ensure their air-handling systems, cooling towers, and piped water systems meet safety standards\n- **Local governments** – approve new installations, conduct inspections, and can shut down unsafe systems\n- **The Chief Health Officer** – can override local decisions, grant exemptions, and close systems posing serious health risks\n- **Installers and maintenance contractors** – must follow specific technical standards when working on these systems\n\n**Key requirements:**\n\n- **Approval needed** before installing or substantially modifying air-handling systems, cooling towers, or water systems (regulation 7)\n- **Technical standards** – the regulations adopt AS 3666 (Australian Standards for microbial control) as legally binding requirements (regulation 5)\n- **Exemptions possible** – the Chief Health Officer can approve non-standard systems if they satisfy safety requirements (regulation 6)\n- **Closure powers** – both local governments and the Chief Health Officer can immediately shut down systems that pose serious health risks (regulations 12-13)\n- **Environmental controls** – waste liquids must go to approved sewers, and maintenance must not spread dust or aerosols to neighbouring areas (regulation 10)\n\n**Why it matters:**\n\nPoorly maintained cooling towers and air-conditioning systems can breed *Legionella* bacteria, which spreads through water droplets and causes severe pneumonia. These regulations give health authorities emergency powers to close dangerous systems immediately and impose fines up to $1,000 (plus daily penalties for ongoing breaches) to protect public health.\n\n**Important exclusions:**\n\nThe rules don't apply to houses, apartments, or small sheds (Class 1, 2, and 10 buildings under building regulations). They also don't apply to \"dry\" air systems that don't use water or liquids."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for analysis. The page has been removed from the Western Australian legislation website due to a system upgrade. No comparison between original and current intent is possible from the information provided."},"complexity_factors":["No actual legislative text was retrievable — only a webpage error message was provided","Complexity cannot be properly assessed without the substantive content of the regulations","Score of 2 reflects baseline complexity typical of state health regulations of this type, based on title inference only","Regulations from 1994 may have been amended multiple times, adding potential complexity not visible here"],"plain_english_summary":"These Western Australian 1994 regulations set safety and maintenance standards for building air‑handling and water systems (e.g., ventilation, cooling towers, hot water); they aim to reduce public‑health risks like Legionella. They primarily affect property owners, facility and building managers, employers and businesses that operate or maintain such systems, who must follow standards to protect occupants and the public."}},"importantCases":[],"_links":{"self":"/api/acts/health-air-handling-and-water-systems-regulations-1994","history":"/api/acts/health-air-handling-and-water-systems-regulations-1994/history","analysis":"/api/acts/health-air-handling-and-water-systems-regulations-1994/analysis","conflicts":"/api/acts/health-air-handling-and-water-systems-regulations-1994/conflicts","importantCases":"/api/acts/health-air-handling-and-water-systems-regulations-1994/important-cases","documents":"/api/acts/health-air-handling-and-water-systems-regulations-1994/documents"}}