{"id":"safe-drinking-water-regulations-2012","name":"Safe Drinking Water Regulations 2012","slug":"safe-drinking-water-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237146,"registerId":"sa-safe-drinking-water-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safe Drinking Water Regulations 2012","content":"South Australia\nSafe Drinking Water Regulations 2012\nunder the Safe Drinking Water Act 2011\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tGeneral obligation to observe Australian Drinking Water Guidelines\n5\tBulk water suppliers taken to be drinking water providers\n6\tMeaning of water supplied in bulk\n7\tApplication of Act\n8\tPersons ceasing to supply drinking water\n9\tRisk management plan\n10\tAudits and inspections\n11\tReporting requirements\n12\tWater quality monitoring information to be made publicly available\n13\tApproved laboratories\n14\tMeaning of enforcement agency\n15\tFees\nSchedule 1—Form of rainwater notice\n1\tForm of rainwater notice (regulation 7)\nSchedule 2—Fees\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Safe Drinking Water Regulations 2012.\n2—Commencement\nThese regulations will come into operation on the day on which the Safe Drinking Water Act 2011 comes into operation.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Safe Drinking Water Act 2011.\n4—General obligation to observe Australian Drinking Water Guidelines\nThe Australian Drinking Water Guidelines 2011 prepared by the National Health and Medical Research Council and the Natural Resources Management Ministerial Council, as in force from time to time, must be observed in relation to the quality and supply of drinking water by a drinking water provider.\n5—Bulk water suppliers taken to be drinking water providers\nFor the purposes of section 3(3) of the Act, persons who supply water in bulk are excluded from the ambit of section 3(2) of the Act.\n6—Meaning of water supplied in bulk\nFor the purposes of section 3(5)(b) of the Act, the prescribed volume is 100 litres.\n7—Application of Act\n\t(1)\tFor the purposes of section 4(1)(a) of the Act, the following are domestic premises of a prescribed class:\n\t(a)\ta Class 1A, 4 or 10 building under the Building Code;\n\t(b)\ta sole‑occupancy unit in a Class 2 building under the Building Code.\n\t(2)\tFor the purposes of section 4(1)(b) of the Act—\n\t(a)\ta place of a prescribed kind means—\n\t(i)\tpremises at which short term accommodation is offered or provided in the course of a business or for fee or reward (for example, a hotel, motel, holiday resort, guest house, hostel, boarding house, bed and breakfast, farmstay, houseboat, caravan park, camping ground or other premises at which accommodation is offered or provided under a holiday rental agreement); or\n\t(ii)\tpremises that are used or capable of being used for an event or recreational or community activity of any kind, whether admission is open to the public, gained by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic (for example, a function, community, civic, conference, sporting or recreation and leisure centre); or\n\t(iii)\tpremises used by a church; or\n\t(iv)\ta public building under the care, control or management of a Minister or other agency or instrumentality of the Crown or a council,\nbut does not include regulated care or education premises or regulated food premises; and\n\t(b)\ta notice, in relation to a place of a prescribed kind, must be—\n\t(i)\tin the form set out in Schedule 1 clause 1; and\n\t(ii)\tdisplayed in a prominent position—\n\t(A)\twithin 30 centimetres of each tap supplying rainwater for human consumption at the place; and\n\t(B)\tin—\n\t•\tall promotional material for the place published in brochures, newspapers, magazines or on the Internet; or\n\t•\tapplication forms or information material for the place.\n\t(3)\tFor the purposes of section 4(1)(c) of the Act, the prescribed requirements, in relation to rainwater supplied as an optional alternative at a place, are as follows:\n\t(a)\ta notice must be displayed in the form set out in Schedule 1 clause 1 in a prominent position—\n\t(i)\twithin 30 centimetres of each tap supplying rainwater for human consumption at the place; and\n\t(ii)\tin—\n\t(A)\tall promotional material for the place published in brochures, newspapers, magazines or on the Internet; or\n\t(B)\tapplication forms or information material for the place;\n\t(b)\tin addition—\n\t(i)\tin the case of regulated care or education premises—the taps supplying the rainwater at the premises must not be accessible to vulnerable persons at the premises; and\n\t(ii)\tin the case of regulated food premises—the rainwater is not used in the preparation of food or beverages intended—\n\t(A)\tfor consumption by vulnerable persons at regulated care or education premises; or\n\t(B)\tfor direct sale or supply to the public at licensed premises or at a restaurant, café or other retail food or beverage outlet.\n\t(4)\tIn this regulation, unless the contrary intention appears—\nBuilding Code has the same meaning as in the Development Act 1993;\nchild means a person under the age of 18 years;\nregulated care or education premises means—\n\t(a)\ta hospital within the meaning of the Health Care Act 2008; or\n\t(b)\tpremises at which a health service is provided for the purposes of—\n\t(i)\tthe promotion of health and well‑being; or\n\t(ii)\tthe prevention of disease, illness or injury; or\n\t(iii)\tintervention to address or manage disease, illness or injury; or\n\t(iv)\tthe management or treatment of disease, illness or injury; or\n\t(v)\trehabilitation or on‑going care for persons who have suffered a disease, illness or injury; or\n\t(c)\ta residential aged care facility; or\n\t(d)\tpremises at which care is provided to persons whose ability to care for themselves is significantly impaired through physical or mental disability, illness or infirmity; or\n\t(e)\tpremises at which care or pre‑school education is provided to children (for example, a nursery, childcare centre, kindergarten or pre‑school or premises at which out of school hours care or vacation care is provided); or\n\t(f)\tpremises at which courses of instruction in primary or secondary education are provided to children; or\n\t(g)\ta park, outdoor area or grounds provided for use in connection with premises referred to in paragraphs (a) to (f),\nbut does not include premises at which care or education is provided to persons in their own home by their parents or guardians or by other persons;\nregulated food premises means premises used in the course of a business for the preparation of food or beverages intended—\n\t(a)\tfor consumption by vulnerable persons at regulated care or education premises; or\n\t(b)\tfor direct sale or supply to the public at licensed premises (within the meaning of the Liquor Licensing Act 1997) or at a restaurant, café or other retail food or beverage outlet;\nshort term accommodation means accommodation for a period not exceeding 60 days;\nvulnerable person, in relation to regulated care or education premises, means a person to whom care or education (as the case may require) is provided at those premises.\n8—Persons ceasing to supply drinking water\nFor the purposes of section 7(1) of the Act, the prescribed period is 14 days.\n9—Risk management plan\n\t(1)\tFor the purposes of section 13(1)(e) of the Act, the following matters are prescribed in relation to a risk management plan prepared or adopted by a drinking water provider:\n\t(a)\tthe full name and contact address of the drinking water provider;\n\t(b)\trecords of all documents relied on in the implementation of the risk management plan (for example, operating manuals and any other documents detailing procedures).\n\t(2)\tThe drinking water provider must ensure that any change in details referred to in subregulation (1)(a) is recorded in the risk management plan within 14 days of the occurrence of the change.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(3)\tFor the purposes of section 13(2)(a) of the Act, a risk management plan must be consistent with—\n\t(a)\tthe Australian Drinking Water Guidelines 2011 prepared by the National Health and Medical Research Council and the Natural Resources Management Ministerial Council, as in force from time to time; or\n\t(b)\tthe Community Water Planner 2011 prepared by the National Health and Medical Research Council and the National Water Commission, as in force from time to time.\n\t(4)\tA drinking water provider must ensure that—\n\t(a)\ttesting of drinking water under the monitoring program set out in the drinking water provider's risk management plan, other than—\n\t(i)\ttesting of a characteristic that is subject to variation during transportation to a laboratory or in laboratory conditions (for example water temperature or disinfectant residual); or\n\t(ii)\ttesting of a kind authorised by the Chief Executive,\nis carried out at an approved laboratory; and\n\t(b)\tthe results of testing of drinking water carried out under the monitoring program during an audit or inspection period are furnished to the Chief Executive—\n\t(i)\tin the case of a drinking water provider who supplies drinking water to more than 50 000 customers during that period—in the manner and form approved by the Chief Executive; or\n\t(ii)\tin any other case—within 21 days after the completion of the audit or inspection and in the form approved by the Chief Executive.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tA drinking water provider must keep copies of the following documents for at least 5 years:\n\t(a)\teach risk management plan prepared or adopted by the drinking water provider;\n\t(b)\tall documents generated in the implementation of the risk management plan (for example, records and results of monitoring and testing and records of maintenance activity, incident notification and remedial action).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n10—Audits and inspections\n\t(1)\tFor the purposes of section 21(1)(d) of the Act, the following functions are prescribed:\n\t(a)\tdetermining whether the drinking water provider has complied with the requirements of these regulations during the audit or inspection period, and if not, the circumstances of the non‑compliance;\n\t(b)\tdetermining whether any remedial action has been taken by the drinking water provider in relation to circumstances of non‑compliance with these regulations;\n\t(c)\tmaking recommendations as to changes to any component of the risk management plan and the reasons for such recommendations;\n\t(d)\tmaking recommendations as to any other matters that require improvement or remedial action or are otherwise of concern to the auditor or inspector.\n\t(2)\tFor the purposes of section 21(2)(a) of the Act, the following documents are specified:\n\t(a)\tthe risk management plan prepared or adopted by the drinking water provider;\n\t(b)\trecords of all documents generated in the implementation of the risk management plan (for example, records and results of monitoring and testing and records of maintenance activity, incident notification and remedial action).\n11—Reporting requirements\n\t(1)\tFor the purposes of section 22(2)(b) of the Act, the following matters are indicated:\n\t(a)\tthe results of investigations carried out for the purposes of section 21(1)(a) and (b) of the Act and regulation 10(1);\n\t(b)\trecommendations required to be made under regulation 10(1).\n\t(2)\tFor the purposes of section 22(3) of the Act, the prescribed period within which a report of an audit or inspection must be furnished to the Chief Executive is 21 days after the completion of the audit or inspection.\n12—Water quality monitoring information to be made publicly available\nFor the purposes of section 27(2) of the Act, the results of testing of drinking water under a drinking water provider's monitoring program must be made available—\n\t(a)\tin the case of testing carried out at an approved laboratory—within 14 days after the results are received from the laboratory by the drinking water provider; and\n\t(b)\tin any other case—within 14 days after the results are produced.\n13—Approved laboratories\nFor the purposes of section 29(1) of the Act, laboratories that are accredited by the National Association of Testing Authorities Australia for testing of a particular kind are a prescribed class of laboratory in relation to testing of that kind.\n14—Meaning of enforcement agency\nFor the purposes of paragraph (c) of the definition of enforcement agency in section 33 of the Act, the Eastern Health Authority is brought within the ambit of the definition.\n15—Fees\n\t(1)\tThe fees set out in Schedule 2 are payable to the Minister.\n\t(2)\tA fee is payable to an enforcement agency for the carrying out of an inspection of any premises or vehicle by an authorised officer appointed by the enforcement agency reasonably required in connection with the administration or enforcement of the Act or these regulations.\n\t(3)\tA fee under subregulation (2)—\n\t(a)\tmust not exceed the reasonable costs of the enforcement agency with respect to the inspection by the authorised officer and in any event must not exceed $200; and\n\t(b)\tmay be recovered by the enforcement agency as a debt from the occupier of the premises, or from the owner or operator of the vehicle (as the case may be).\nSchedule 1—Form of rainwater notice\n1—Form of rainwater notice (regulation 7)\n\nSchedule 2—Fees\n\nApplication fee for—\n\n\t(a)\tapproval of auditor (section 15 of Act)\nNote—\nNo fee applies if the applicant is a Public Service employee or an approved food safety auditor under the Food Act 2001.\n$130\n\t(b)\tapproval of inspector (section 15 of Act)\nno fee\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2012\n246\nGazette 6.12.2012 p5459 \n1.3.2013: r 2\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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not successfully retrieved. The page returned a website error rather than the regulation content. No comparison between original and current intent is possible on the available information."},"complexity_factors":["No actual legislative text was retrievable — the source returned a 404 error page","Only general knowledge of the regulation's typical structure and purpose can be applied","Cannot assess amendments, schedules, cross-references, or definitional complexity without the text","Complexity score reflects the limitation of the source material, not the regulation itself — the actual regulations may score considerably higher (estimated 5–7) given technical water quality standards and compliance frameworks"],"plain_english_summary":"The Safe Drinking Water Regulations 2012 (SA) set regulatory detail under the Safe Drinking Water Act 2011 on who must comply, water quality standards, monitoring/testing and reporting, and penalties — affecting water utilities, councils, private suppliers and anyone relying on regulated drinking water.  \n\nI could not load the actual regulation text (404 error). For authoritative, up-to-date wording and obligations, consult the legislation site at www.legislation.sa.gov.au and search the regulation title."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations primarily prescribe definitions, thresholds, procedures, timeframes and fees necessary to implement the Safe Drinking Water Act 2011. They do not add new substantive obligations beyond the Act's purpose but specify how the Act operates in practice (for example by defining \"bulk\" as 100 litres, prescribing premises classes, setting reporting periods, requiring NATA accreditation for approved labs, and setting inspection fee caps). In that sense they clarify and operationalise the Act rather than expanding its scope."},"complexity_factors":["15 regulations plus 2 schedules (short to moderate length)","Numerous cross‑references to the Safe Drinking Water Act 2011 and to external instruments (Australian Drinking Water Guidelines 2011, NATA accreditation, Building Code) increasing interpretive dependency","Several numeric thresholds and timeframes: 100 litres (reg 6); 14 days (record updates, public reporting); 21 days (audit reports); 5 years (document retention); monetary penalties ($1,250, $5,000) and inspection fee cap $200","Defined classes and nested definitions in regulation 7 (detailed categories of premises and exceptions for regulated care/education and food premises)","Delegated administrative discretion to the Chief Executive for forms, manner of submission and authorisations (reg 9(4)(b), 11(2))","Multiple compliance obligations (risk management plans, approved labs, audits, public disclosure) with interlocking timelines","Specific prescribed content requirements and recordkeeping obligations with penalties and expiation fees (reg 9)"],"plain_english_summary":"**What these regulations do (plain English)**\n\n- These regulations set out practical rules that make the Safe Drinking Water Act 2011 operate. They translate the Act's broad duties into concrete requirements for drinking water providers (the organisations that supply water for people to drink).\n\n- Key mechanical changes and requirements:\n  - Require drinking water providers to follow the Australian Drinking Water Guidelines 2011 for water quality (regulation 4).\n  - Treat people who supply water \"in bulk\" differently: bulk suppliers are excluded from some provider obligations; \"bulk\" is defined as 100 litres (regulations 5–6).\n  - Specify the kinds of premises where the Act applies (for example short‑term accommodation, public buildings, event venues, churches) and set detailed rules for places that offer rainwater as an option (regulation 7 and Schedule 1). Notices about rainwater must be displayed near taps and in promotional material where rainwater is supplied.\n  - Require drinking water providers to keep and maintain a risk management plan with specified contents (provider name and contact, documents relied on) and to record changes to contact details within 14 days (regulation 9).\n  - Require testing under a provider's monitoring program to be done at approved laboratories (NATA‑accredited for the relevant test) except in limited cases; testing results must be furnished to the Chief Executive in specified timeframes (regulation 9(4), 13).\n  - Prescribe audit and inspection functions (what auditors/inspectors must check and report) and require audit reports to be supplied to the Chief Executive within 21 days (regulations 10–11).\n  - Require providers to make water quality test results publicly available within 14 days of receiving or producing results (regulation 12).\n  - Specify that the Eastern Health Authority counts as an enforcement agency under the Act (regulation 14).\n  - Set fees (Schedule 2) including fees payable to the Minister for approvals and fees up to $200 that enforcement agencies may charge for inspections (regulation 15 and Schedule 2).\n\n**Who is affected**\n\n- Drinking water providers (local councils, utilities, private operators) — they must adopt risk management plans, test water, keep records for at least five years, allow audits/inspections and publish test results (regulations 4, 9, 10, 12).\n- Premises that offer rainwater as an option (hotels, caravan parks, event venues, churches, some public buildings) — they must display a prescribed notice near rainwater taps and in promotional material; additional restrictions apply where vulnerable people or food preparation are involved (regulation 7, Schedule 1).\n- Bulk water suppliers — treated as outside some provider obligations if they only supply 100 litres or more as \"bulk\" (regulations 5–6).\n- Approved laboratories — laboratories accredited by NATA for a test type are prescribed as approved labs (regulation 13).\n- Enforcement agencies and occupiers/owners — enforcement agencies can inspect and charge a reasonable inspection fee (up to $200) with the fee recoverable from occupiers, owners or operators (regulation 15).\n\n**Why this matters (official purpose and practical effects)**\n\n- Official purpose: the regulations implement the Act by setting minimum standards, procedures and timeframes so drinking water quality is monitored and reported in a consistent way (see regulations 4, 9–13).\n\n- Practical effects and trade‑offs to note:\n  - Compliance costs fall on drinking water providers: producing and keeping a risk management plan, testing at approved (NATA) labs, storing documents for five years, and cooperating with audits and inspections (regulation 9(4)–(5), 10). Those costs are concrete and recurring (testing, recordkeeping, audits).\n  - Some administrative discretion is concentrated in the Chief Executive (for approving forms, specifying the manner and form of submissions, and authorising particular tests), which creates a single point of operational decision‑making (regulation 9(4)(b), 11(2), 9(4)(a)(ii)). That reduces regulatory detail in the regulations themselves but shifts implementation complexity into administrative practice.\n  - The regulations create public transparency requirements (publish test results within 14 days) that may affect reputation and consumer choice, and that require providers to have timely data flows from laboratories (regulation 12).\n  - There is a limited transfer of burden to premises that offer rainwater: signage, possible restrictions on taps accessible to vulnerable persons, and limits on using rainwater in food preparation where regulated food premises or vulnerable persons are involved (regulation 7(2)–(3)). Those are targeted interventions that impose discrete compliance steps on businesses offering rainwater as an option.\n  - Enforcement carries modest direct fees (approval fees and inspection fees capped at $200) and civil penalties for some failures (for example failing to update risk plan contact details — max penalty $1,250; recordkeeping and some testing/reporting failures — up to $5,000) (regulation 9 and Schedule 2). These create financial incentives for compliance but are monetary rather than criminal in nature.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: drinking water providers bear most compliance costs (testing, recordkeeping, audits); occupiers/owners may pay inspection fees; applicants pay approval fees for auditors (Schedule 2).\n- Who decides: the Chief Executive has discretion over forms, the manner of submissions and authorising particular tests; enforcement agencies conduct inspections and can recover inspection costs; NATA determines laboratory accreditation (regulations 9, 11, 13, 15).\n- Behaviour changes: providers must adopt and implement documented risk management plans, use accredited labs for testing, publish results promptly, display prescribed rainwater notices where applicable, and retain documentary proof for audits.\n\n**Implementation risks and operational points**\n\n- Timeliness of lab reporting affects the 14‑day public disclosure window (regulation 12). Delays at labs or in provider record flows can create compliance risk.\n- Reliance on administrative approvals (Chief Executive approvals and authorisations) requires clear guidance and consistent practice to avoid uncertainty for providers.\n- The exclusion of bulk suppliers (regulation 5) narrows the set of regulated entities; providers and bulk suppliers should check the 100‑litre threshold (regulation 6) to determine obligations.\n\n(References in parentheses are to the regulations: e.g. reg 4 = regulation 4.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose of operationalising the Safe Drinking Water Act 2011. The scope covers drinking water quality standards, risk management, rainwater notification requirements, and enforcement mechanisms—all directly related to safe drinking water provision. No significant scope creep is evident; the detailed treatment of rainwater at specific premises types reflects a targeted public health approach rather than expansion beyond the original intent."},"complexity_factors":["Multiple cross-references to the parent Act (Safe Drinking Water Act 2011) requiring simultaneous reading of both instruments","Nested definitions within definitions (e.g., 'regulated care or education premises' contains 7 sub-categories plus exclusions, and is itself used within 'regulated food premises' and 'vulnerable person')","Conditional requirements based on customer volume thresholds (50,000+ customers trigger different reporting obligations)","Dual compliance pathways for risk management plans (Australian Drinking Water Guidelines OR Community Water Planner)","Specific measurement requirements (30cm from taps, 100-litre threshold for bulk water, 14/21-day timeframes)","Multiple exceptions and carve-outs (bulk suppliers excluded from certain provisions, specific exclusions for home-based care)","Integration with external documents (Building Code, Australian Drinking Water Guidelines, Community Water Planner) that change 'as in force from time to time'"],"plain_english_summary":"These regulations set the operational rules for South Australia's Safe Drinking Water Act 2011. They ensure drinking water providers follow national health standards and manage risks properly.\n\n**Key things the regulations do:**\n\n- **Mandate national standards**: All drinking water providers must follow the Australian Drinking Water Guidelines (a national health standard for water quality).\n\n- **Define who must comply**: \n  - Bulk water suppliers (those moving 100+ litres) are treated as drinking water providers\n  - Specific rules apply to places like hotels, holiday parks, community centres, and churches that supply rainwater as drinking water\n\n- **Rainwater rules for businesses**: If a business offers rainwater as drinking water, they must display warning notices near taps and in all promotional materials. Extra restrictions apply at childcare centres, hospitals, aged care facilities, and food businesses—rainwater taps must be inaccessible to vulnerable people, and rainwater can't be used in food prep for these groups.\n\n- **Risk management plans**: Providers must maintain detailed plans including their contact details, operational manuals, and keep records for 5 years. Changes to contact info must be recorded within 14 days.\n\n- **Testing and transparency**: Water testing must happen at approved labs (accredited by NATA), and results must be made public within 14 days. Large providers (50,000+ customers) must report results in a specific format to the Chief Executive.\n\n- **Audits and inspections**: Regulators can inspect premises, check compliance, and require remedial action. Reports must be submitted within 21 days.\n\n- **Fees**: Charges apply for auditor approvals ($130) and inspection costs (up to $200).\n\n**Who this affects:**\n- Water utilities and bulk water suppliers\n- Hotels, motels, caravan parks, and holiday rentals offering rainwater\n- Community centres, churches, and recreational facilities\n- Childcare centres, schools, hospitals, and aged care facilities\n- Food businesses using rainwater\n\n**Why it matters:**\nThese regulations protect public health by ensuring drinking water is safe, properly monitored, and that people are warned when rainwater (which may not meet drinking standards) is being supplied. They create accountability through mandatory reporting, record-keeping, and penalties for non-compliance."}},"importantCases":[],"_links":{"self":"/api/acts/safe-drinking-water-regulations-2012","history":"/api/acts/safe-drinking-water-regulations-2012/history","analysis":"/api/acts/safe-drinking-water-regulations-2012/analysis","conflicts":"/api/acts/safe-drinking-water-regulations-2012/conflicts","importantCases":"/api/acts/safe-drinking-water-regulations-2012/important-cases","documents":"/api/acts/safe-drinking-water-regulations-2012/documents"}}