{"id":"south-australian-public-health-legionella-regulations-2013","name":"South Australian Public Health (Legionella) Regulations 2013","slug":"south-australian-public-health-legionella-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237329,"registerId":"sa-south-australian-public-health-legionella-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Public Health (Legionella) Regulations 2013","content":"South Australia\nSouth Australian Public Health (Legionella) Regulations 2013\nunder the South Australian Public Health Act 2011\n\nContents\n1\tShort title\n3\tInterpretation\n4\tApplication of regulations\n5\tDuty to register high risk manufactured water system\n6\tRegister of high risk manufactured water systems\n7\tCooling water systems to be fitted with automatic biocide dosing devices\n8\tCooling water systems to be fitted with drift eliminators\n9\tCommissioning of high risk manufactured water systems\n10\tPlans and manuals relating to high risk manufactured water systems to be kept readily accessible etc\n11\tHigh risk manufactured water systems to be operated and maintained by competent persons\n12\tMaintenance of cooling water systems\n13\tMaintenance of warm water systems\n14\tMaintenance log books\n15\tAnnual inspection and microbiological testing\n16\tPower of relevant authority to require microbiological testing in other circumstances\n17\tResponses to detection of Legionella\n18\tDeterminations and approvals\n19\tFalse or misleading statement\n20\tPrescribed guidelines\n21\tFees relating to high risk manufactured water systems\nSchedule 3—Transitional provisions\nPart 2—Transitional provisions\n2\tInterpretation\n3\tRegistration of high risk manufactured water system\n4\tDeterminations under regulation 8(2) of revoked regulations\n5\tApprovals of maintenance programs or decontamination procedures\n6\tNotices under regulation 15(2) of revoked regulations\n7\tNotices under regulation 16(1) of revoked regulations\nLegislative history\n\n1—Short title\nThese regulations may be cited as the South Australian Public Health (Legionella) Regulations 2013.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the South Australian Public Health Act 2011;\nAS/NZS 3666.1 means AS/NZS 3666.1 Air‑handling and water systems of buildings—Microbial control Part 1: Design, installation and commissioning published jointly by Standards Australia and Standards New Zealand as in force from time to time;\nAS/NZS 3666.2 means AS/NZS 3666.2 Air‑handling and water systems of buildings—Microbial control Part 2: Operation and maintenance published jointly by Standards Australia and Standards New Zealand as in force from time to time;\nAS/NZS 3666.3 means AS/NZS 3666.3 Air‑handling and water systems of buildings—Microbial control Part 3: Performance‑based maintenance of cooling water systems published jointly by Standards Australia and Standards New Zealand as in force from time to time;\nAS/NZS 3896 means AS/NZS 3896 Waters—Examination for Legionellae spp. including Legionella pneumophila published jointly by Standards Australia and Standards New Zealand as in force from time to time;\nautomatic biocide dosing device means a device that automatically discharges a measured amount of biocide to a cooling water system using a feedback control loop or timer;\nbiocide means a substance capable of killing micro‑organisms, including Legionella;\nBuilding Code has the same meaning as in the Development Act 1993;\nclean has the same meaning as in AS/NZS 3666.1;\ncooling tower has the same meaning as in AS/NZS 3666.1;\ncooling water system means a heat exchange system that consists of a heat‑generating plant, a heat‑rejection plant, interconnecting water recirculating pipework and associated pumps, valves and controls, and includes a cooling tower or evaporative condensor;\ndrift eliminator means a device that is designed to remove water droplets from cooling tower air passing through the device;\nevaporative condensor has the same meaning as in AS/NZS 3666.1;\nGuidelines for the Control of Legionella in Manufactured Water Systems in South Australia means the Guidelines for the Control of Legionella in Manufactured Water Systems in South Australia, prepared by the Department of Health in 2008, as in force from time to time;\nhigh risk manufactured water system or system means a cooling water system or warm water system;\nLegionella means bacteria of the genus Legionella;\nNATA accredited laboratory means laboratory that is accredited by the National Association of Testing Authorities of Australia for microbiological testing of waters for Legionella;\nprescribed decontamination procedure—\n\t(a)\tin relation to a cooling water system—means the decontamination procedure set out in Schedule 3 Part 1 of the Guidelines for the Control of Legionella in Manufactured Water Systems in South Australia; or\n\t(b)\tin relation to a warm water system—means decontamination by means of the \"pasteurisation method\" or \"chlorination method\" set out in Schedule 3 Part 2 of that document;\nprescribed fee means the fee prescribed for the purposes of the Act;\nSAA/SNZ HB32 means SAA/SNZ HB32 Control of microbial growth in air‑handling and water systems in buildings published jointly by Standards Australia and Standards New Zealand, as in force from time to time;\nwarm water means water that is not more than 60°C and not less than 30°C;\nwarm water system means a reticulated water system that distributes or recirculates warm water through the majority of its branches at a nominal temperature of 45°C by means of a temperature controlling device.\n\t(2)\tIn these regulations, a reference to an owner of premises includes a reference to an occupier of the premises.\n\t(3)\tFor the purposes of these regulations, the relevant authority is—\n\t(a)\tin the case of a high risk manufactured water system situated in the area of a council—the council for the area in which it is situated; or\n\t(b)\tin the case of a high risk manufactured water system situated in an area outside the area of councils—the Chief Public Health Officer.\n\t(4)\tHowever, if a function under a provision of these regulations has been transferred from a council to the Chief Public Health Officer under section 42 of the Act, the relevant authority for the area of that council is, for the purposes of that provision of these regulations, the Chief Public Health Officer.\n4—Application of regulations\nThese regulations do not apply in relation to a high risk manufactured water system installed in—\n\t(a)\ta Class 1A, 4 or 10 building under the Building Code; or\n\t(b)\ta sole‑occupancy unit in a Class 2 building under the Building Code,\nprovided that it is not a warm water system that serves more than 1 dwelling.\n5—Duty to register high risk manufactured water system\n\t(1)\tAll high risk manufactured water systems installed in premises must be registered with the relevant authority.\n\t(2)\tIf a high risk manufactured water system is unregistered for more than 1 month after the system is brought into service, the owner of the premises in which the system is installed is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tA relevant authority must, on application made in a manner and form approved by the relevant authority and payment of the prescribed fee to the relevant authority, register the high risk manufactured water system to which the application relates.\n\t(4)\tAn application for registration of a high risk manufactured water system must contain a nomination of the person responsible for the operation and maintenance of the system.\n\t(5)\tRegistration of a high risk manufactured water system remains in force for a period of 12 months and may be renewed for successive periods of 12 months on application made before the expiry of registration.\n\t(6)\tA relevant authority must, on application made in a manner and form approved by the relevant authority and payment of the prescribed fee to the relevant authority, renew the registration of the high risk manufactured water system to which the application relates.\n6—Register of high risk manufactured water systems\n\t(1)\tEach relevant authority must keep a register of high risk manufactured water systems registered by the relevant authority under regulation 5.\n\t(2)\tThe register will be kept in a manner and form determined by the relevant authority.\n\t(3)\tThe register must include, in relation to each high risk manufactured water system on the register—\n\t(a)\tthe type of water system; and\n\t(b)\tthe address of the premises on which the water system is installed; and\n\t(c)\tthe location of the water system on the premises; and\n\t(d)\tthe full name and residential and business addresses of the owner of the premises; and\n\t(e)\tthe full name, residential and business addresses, and residential and business telephone numbers, of the person nominated by the owner of the premises as being responsible for the operation and maintenance of the water system,\nand may include such other information as the relevant authority thinks fit.\n\t(4)\tThe owner of premises on which a high risk manufactured water system registered with the relevant authority is installed must, within 1 month after any change in the particulars registered in relation to the system, notify the relevant authority of the change.\nMaximum penalty: $750.\nExpiation fee: $80.\n\t(5)\tIf a high risk manufactured water system registered with the relevant authority is permanently decommissioned or removed, the owner of the premises on which the system is or was installed must notify the relevant authority of the decommissioning or removal within 1 month after that event.\nMaximum penalty: $750.\nExpiation fee: $80.\n7—Cooling water systems to be fitted with automatic biocide dosing devices\nThe owner of premises on which a cooling water system is installed must ensure that an automatic biocide dosing device is fitted to the system and is operating effectively at all times while the system is in operation.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n8—Cooling water systems to be fitted with drift eliminators\n\t(1)\tUnless the Minister determines otherwise, the owner of premises on which a cooling water system is installed must ensure that every cooling tower in the system is fitted with a drift eliminator that—\n\t(a)\tcovers the full exhaust air stream so as to prevent air by‑pass; and\n\t(b)\tis capable of keeping drift loss below the maximum specified in clause 4.4 of AS/NZS 3666.1; and\n\t(c)\tis designed for in situ cleaning or is capable of being removed for cleaning or inspection without damage.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThe Minister may determine that cooling towers in a particular cooling water system need not be fitted with a drift eliminator that complies with subregulation (1).\n9—Commissioning of high risk manufactured water systems\nThe owner of premises on which a cooling water system is installed must ensure that clause 4.7 of AS/NZS 3666.1 is complied with in relation to the system before it is brought into service.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n10—Plans and manuals relating to high risk manufactured water systems to be kept readily accessible etc\n\t(1)\tThe owner of premises on which a high risk manufactured water system is installed must ensure that plans for the system that comply with subregulation (2) are kept on the premises in a readily accessible place and are made available for inspection on request by an authorised officer.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(2)\tPlans for a high risk manufactured water system must show—\n\t(a)\tin the case of plans for a system installed before 1 October 2009—the location of all major components of the system; and\n\t(b)\tin any other case—the location of all parts of the system.\n\t(3)\tThe owner of premises on which a high risk manufactured water system is installed must ensure that operating and maintenance manuals for the system that comply with clause 2.6.1 of AS/NZS 3666.2 are kept on the premises in a readily accessible place and are made available for inspection on request by an authorised officer.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(4)\tIn this regulation—\nmajor components of a high risk manufactured water system includes cooling towers, condensors, filtration devices, automatic biocide dosing devices, drift eliminators, water inlets, waste outlets and discharge points, water heating devices and water storage facilities.\n11—High risk manufactured water systems to be operated and maintained by competent persons\nThe owner of premises on which a high risk manufactured water system is installed must ensure that the person responsible for the operation and maintenance of the system is knowledgeable in the operation and maintenance of the system and sufficiently competent to ensure that the system is operated and maintained as required by these regulations.\nMaximum penalty: $1 250.\n12—Maintenance of cooling water systems\nThe owner of premises on which a cooling water system is installed must ensure that the system is maintained in accordance with—\n\t(a)\tthe requirements set out in—\n\t(i)\tSection 2.5 of AS/NZS 3666.2; or\n\t(ii)\tSection 3 of AS/NZS 3666.3; or\n\t(b)\ta maintenance program approved by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n13—Maintenance of warm water systems\nThe owner of premises on which a warm water system is installed must ensure that—\n\t(a)\twater in storage areas of the system is kept at a temperature of at least 60°C at all times while the system is in operation; and\n\t(b)\tthe temperature of water in storage areas and throughout the distribution system of the system is measured at least once every month and recorded in the maintenance log book kept in relation to the system; and\n\t(c)\ta physical inspection of the system is carried out at least once every month to examine the cleanliness and mechanical condition of the system; and\n\t(d)\tthe system is thoroughly cleaned whenever an inspection reveals sludge, slime, scale, foam, rust, dirt, dust or other impurities or foreign material present in the system; and\n\t(e)\tdecontamination of the system is carried out at least every 6 months in accordance with—\n\t(i)\ta prescribed decontamination procedure; or\n\t(ii)\ta decontamination procedure approved by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n14—Maintenance log books\n\t(1)\tThe owner of premises on which a high risk manufactured water system is installed must ensure that—\n\t(a)\tan up‑to‑date log book is kept setting out—\n\t(i)\tthe particulars referred to in clause 2.6.2 of AS/NZS 3666.2; and\n\t(ii)\tall microbiological test results of samples of water taken from the system; and\n\t(iii)\tin the case of a cooling water system—the type and quantity of biocide used to dose the system and the frequency of biocide dosing; and\n\t(b)\tthe log book is kept on the premises in a readily accessible place; and\n\t(c)\tthe log book is made available for inspection on request by an authorised officer.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(2)\tThe owner of premises on which a high risk manufactured water system is installed must retain a log book relating to the system for a period of at least 5 years after the last entry in the log book is made.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n15—Annual inspection and microbiological testing\n\t(1)\tSubject to subregulation (2), the relevant authority must, at least once in every 12 months—\n\t(a)\tcause an inspection of each high risk manufactured water system registered with the relevant authority to be carried out; and\n\t(b)\tarrange for a NATA accredited laboratory to conduct microbiological testing, in accordance with AS/NZS 3896—\n\t(i)\tof at least 1 sample of water taken from each cooling water system; and\n\t(ii)\tof at least 2 samples of water taken from each warm water system,\nto determine the presence and number of colony forming units of Legionella in the water.\n\t(2)\tThe relevant authority is not required to comply with subregulation (1) if the relevant authority, at least once in every 12 months, gives the owner of each of the premises on which a high risk manufactured water system registered with the relevant authority is installed written notice—\n\t(a)\trequiring the owner, within the period specified in the notice—\n\t(i)\tto cause an inspection of the water system to be carried out by a competent person (not being the owner or person responsible for the operation and maintenance of the system); and\n\t(ii)\tto arrange for a NATA accredited laboratory to conduct microbiological testing, in accordance with AS/NZS 3896—\n\t(A)\tof at least 1 sample of water taken from a cooling water system; and\n\t(B)\tof at least 2 samples of water taken from a warm water system,\nto determine the presence and number of colony forming units of Legionella in the water; and\n\t(b)\trequiring the owner to submit to the relevant authority written reports setting out the findings of the inspection and the results of the microbiological testing within 1 month of receiving the reports.\n\t(3)\tIn subregulation (2)(a)(i) a reference to a competent person is a reference to a person who—\n\t(a)\tis knowledgeable in the operation and maintenance of high risk manufactured water systems; and\n\t(b)\tis sufficiently competent to ensure that high risk manufactured water systems are operated and maintained as required by these regulations; and\n\t(c)\thas qualifications or training in water treatment of high risk manufactured water systems.\n\t(4)\tA person to whom a notice is given under this regulation must not, without reasonable excuse, fail to comply with the requirements of the notice.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n16—Power of relevant authority to require microbiological testing in other circumstances\n\t(1)\tIf—\n\t(a)\tthe relevant authority is investigating the occurrence of Legionellosis in the near vicinity of premises on which a high risk manufactured water system is installed; or\n\t(b)\tthe relevant authority has reason to believe that a high risk manufactured water system installed on premises situated in its area is not being maintained as required by these regulations,\nthe relevant authority may give the owner of the premises written notice—\n\t(c)\trequiring the owner (either immediately or within a period specified in the notice) to arrange for a NATA accredited laboratory to conduct microbiological testing, in accordance with AS/NZS 3896, of water taken from the system, to determine the presence and number of colony forming units of Legionella in the water; and\n\t(d)\trequiring the owner to submit to the relevant authority a written report setting out the results of the microbiological testing within 24 hours of receiving the report.\n\t(2)\tA person to whom a notice is given under this regulation must not, without reasonable excuse, fail to comply with the requirements of the notice.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n17—Responses to detection of Legionella\n\t(1)\tIf the owner of premises on which a cooling water system is installed receives a report of the results of microbiological testing of water taken from the system indicating the presence of 1 000 or more colony forming units of Legionella per millilitre of water, he or she must—\n\t(a)\timmediately—\n\t(i)\tshut down the system; or\n\t(ii)\tdecontaminate the system in accordance with a prescribed decontamination procedure or a decontamination procedure approved by the Minister; and\n\t(b)\tsubmit the report to the relevant authority within 24 hours of receiving the report.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tIf the owner of premises on which a warm water system is installed receives a report of the results of microbiological testing of water taken from the system indicating the presence of 10 or more colony forming units of Legionella per millilitre of water, he or she must—\n\t(a)\timmediately—\n\t(i)\tshut down the system; or\n\t(ii)\tdecontaminate the system in accordance with a prescribed decontamination procedure or a decontamination procedure approved by the Minister; and\n\t(b)\tsubmit the report to the relevant authority within 24 hours of receiving the report.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tA relevant authority must, within 24 hours of receiving a report referred to in this regulation, forward the details of the report to the Department.\n18—Determinations and approvals\n\t(1)\tAn application for a determination or approval under these regulations must—\n\t(a)\tbe made to the Minister in a manner and form approved by the Minister; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(2)\tAn applicant must, if the Minister so requires, provide the Minister with specified information to enable the Minister to make a decision on the application.\n\t(3)\tA determination or approval under these regulations may be subject to such conditions as the Minister thinks fit.\n\t(4)\tA person must not contravene, or fail to comply with, a condition of a determination or approval under these regulations.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(5)\tIf a condition of an approval is contravened or not complied with, the Minister may, by written notice given to the holder of the approval, revoke the approval.\n\t(6)\tIn this regulation—\napproval means approval of—\n\t(a)\ta maintenance program referred to in regulation 12; or\n\t(b)\ta decontamination procedure referred to in regulation 13 or 17;\ndetermination means a determination referred to in regulation 8(2).\n19—False or misleading statement\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under these regulations.\nMaximum penalty: $10 000.\n20—Prescribed guidelines\nPursuant to section 109(2)(o) of the Act, the following documents are, on the recommendation of the Chief Public Health Officer, prescribed as guidelines to assist in the administration or operation of these regulations:\n\t(a)\tGuidelines for the Control of Legionella in Manufactured Water Systems in South Australia (other than Schedule 3);\n\t(b)\tAS/NZS 3666.1 (other than clauses 4.4 and 4.7);\n\t(c)\tAS/NZS 3666.2 (other than Section 2.5 and clauses 2.6.1 and 2.6.2);\n\t(d)\tAS/NZS 3666.3 (other than Section 3);\n\t(e)\tSAA/SNZ HB32.\n21—Fees relating to high risk manufactured water systems\n\t(1)\tThe owner of premises in which a high risk manufactured water system is installed is liable to pay to the relevant authority the prescribed fee for each inspection of the system carried out by or on behalf of the relevant authority.\n\t(2)\tThe owner of premises in which a high risk manufactured water system is installed is liable to pay to the relevant authority a fee equal to any expenses incurred by the relevant authority in arranging for microbiological testing of water samples taken from the system, including the costs of collection and delivery of samples to the testing laboratory.\n\t(3)\tIf a person is liable to pay a fee to the relevant authority, the relevant authority may give the person written notice requiring the person to pay the fee within the period specified in the notice.\nSchedule 3—Transitional provisions\nPart 2—Transitional provisions\n2—Interpretation\nIn this Part—\nrevoked regulations means the Public and Environmental Health (Legionella) Regulations 2008.\n3—Registration of high risk manufactured water system\n\t(1)\tA registration in force under regulation 5 of the revoked regulations immediately before the commencement of this clause will be taken, on that commencement, to be a registration under regulation 5 of these regulations.\n\t(2)\tThe registration under these regulations is subject to the same conditions as the registration under the revoked regulations and will expire on the date on which the registration would have expired under the revoked regulations.\n4—Determinations under regulation 8(2) of revoked regulations\n\t(1)\tA determination in force under regulation 8(2) of the revoked regulations immediately before the commencement of this clause will be taken, on that commencement, to be a determination under regulation 8(2) of these regulations.\n\t(2)\tThe determination under these regulations is subject to the same conditions as the determination under the revoked regulations.\n5—Approvals of maintenance programs or decontamination procedures\n\t(1)\tAn approval of a maintenance program or decontamination procedure in force under the revoked regulations immediately before the commencement of this clause will be taken, on that commencement, to be an approval of a maintenance program or decontamination procedure under these regulations.\n\t(2)\tThe approval under these regulations is subject to the same conditions as the approval under the revoked regulations.\n6—Notices under regulation 15(2) of revoked regulations\n\t(1)\tA notice issued by the authority and in force under regulation 15(2) of the revoked regulations immediately before the commencement of this clause will be taken, on that commencement, to be a notice issued by the relevant authority under regulation 15(2) of these regulations.\n\t(2)\tThe notice under these regulations is subject to the same conditions as the notice under the revoked regulations.\n7—Notices under regulation 16(1) of revoked regulations\n\t(1)\tA notice issued by the authority and in force under regulation 16(1) of the revoked regulations immediately before the commencement of this clause will be taken, on that commencement, to be a notice issued by the relevant authority under regulation 16(1) of these regulations.\n\t(2)\tThe notice under these regulations is subject to the same conditions as the notice under the revoked regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\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.\nLegislation revoked by principal regulations\nThe South Australian Public Health (Legionella) Regulations 2013 revoked the following:\nPublic and Environmental Health (Legionella) Regulations 2008\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2013\n42\nGazette 23.5.2013 p2016 \n16.6.2013: r 2\n2014\n96\nGazette 19.6.2014 p2548\n1.7.2014: r 2\n2015\n111\nGazette 18.6.2015 p2685\n1.7.2015: r 2\n2016\n109\nGazette 23.6.2016 p2291\n1.7.2016: r 2\n2017\n104\nGazette 22.6.2017 p2265\n1.7.2017: r 2\n2018\n77\nGazette 21.6.2018 p2181\nSch 2 (cll 2 to 6)—1.7.2018: r 2\n2020\n168\nGazette 4.6.2020 p3022\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2014\nr 3\n\n\nr 3(1)\n\n\nprescribed fee\ninserted by 77/2018 Sch 2 cl 2\n1.7.2018\n\nvaried by 168/2020 r 4\n1.7.2020\nr 5\n\n\nr 5(3)\nvaried by 77/2018 Sch 2 cl 3(1)\n1.7.2018\nr 5(6)\nvaried by 77/2018 Sch 2 cl 3(2)\n1.7.2018\nr 18\n\n\nr 18(1)\nvaried by 77/2018 Sch 2 cl 4\n1.7.2018\nr 21\n\n\nr 21(1)\nsubstituted by 96/2014 r 4(1)\n1.7.2014\n\nvaried by 77/2018 Sch 2 cl 5(1)\n1.7.2018\nr 21(2)\nvaried by 96/2014 r 4(2)\n1.7.2014\nrr  21(4) and (5)\ndeleted by 77/2018 Sch 2 cl 5(2)\n1.7.2018\nSch 1\nsubstituted by 96/2014 r 5\n1.7.2014\n\nsubstituted by 111/2015 r 4\n1.7.2015\n\nsubstituted by 109/2016 r 4\n1.7.2016\n\nsubstituted by 104/2017 r 4\n1.7.2017\n\ndeleted by 77/2018 Sch 2 cl 6\n1.7.2018\nSch 2\ndeleted by 96/2014 r 5\n1.7.2014\nSch 3\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002 \n1.7.2014\nHistorical versions\n1.7.2014\n\n1.7.2015\n\n1.7.2016\n\n1.7.2017\n\n1.7.2018\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope focused on Legionella control in high-risk manufactured water systems. The 2013 regulations replaced the 2008 regulations but preserved existing registrations and approvals through transitional provisions. The amendments shown in the legislative history (2014-2020) appear to be administrative updates to fee schedules and minor procedural matters rather than expansion of substantive scope."},"complexity_factors":["Extensive incorporation of external standards by reference (AS/NZS 3666.1, 3666.2, 3666.3, AS/NZS 3896, SAA/SNZ HB32, and the Guidelines for the Control of Legionella in Manufactured Water Systems in South Australia), requiring readers to consult multiple external documents","19 defined terms in the interpretation section, including technical terms like 'automatic biocide dosing device', 'biocide', 'drift eliminator', and 'NATA accredited laboratory'","Conditional logic in regulation 15 allowing authorities to either conduct testing themselves OR require owners to arrange it, with specific procedural requirements for each path","Different thresholds and requirements for cooling water systems versus warm water systems throughout (e.g., 1,000 vs 10 colony forming units triggering shutdown in regulation 17)","Nested exceptions and alternative compliance pathways (e.g., regulation 12 allows compliance via three different methods: two standards or Ministerial approval; regulation 13 allows two different decontamination methods)","Transitional provisions preserving registrations, determinations, approvals and notices from the revoked 2008 regulations, creating parallel historical compliance tracks","Variable enforcement authority depending on geographic location (councils vs Chief Public Health Officer) with transfer provisions under section 42 of the Act"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are designed to prevent outbreaks of Legionnaires' disease—a serious lung infection caused by Legionella bacteria that grow in warm water systems. They set strict rules for owners of buildings with **high-risk manufactured water systems**, which means:\n- **Cooling water systems** (like cooling towers on large buildings)\n- **Warm water systems** (systems that keep water between 30-60°C, often in hospitals or aged care)\n\n**Who it affects:**\n- **Building owners and occupiers** who have these systems installed\n- **Local councils** (or the Chief Public Health Officer in rural areas), who act as the \"relevant authority\" enforcing the rules\n- **Maintenance contractors** who must be competent to work on these systems\n\n**Key requirements:**\n\n- **Registration:** All systems must be registered with the local council and renewed annually (regulation 5)\n- **Safety equipment:** Cooling towers must have automatic biocide dosing devices (to kill bacteria) and drift eliminators (to stop contaminated water droplets escaping) (regulations 7-8)\n- **Proper operation:** Systems must be run and maintained by people who know what they're doing (regulation 11)\n- **Regular maintenance:** Specific cleaning, temperature checks, and decontamination schedules must be followed (regulations 12-13)\n- **Record keeping:** Owners must keep detailed log books for at least 5 years (regulation 14)\n- **Testing:** Annual inspections and laboratory testing for Legionella bacteria are required (regulation 15)\n- **Emergency response:** If Legionella is detected above certain levels, the system must be shut down or decontaminated immediately, and authorities notified within 24 hours (regulation 17)\n\n**Why it matters:**\n\nLegionella bacteria thrive in warm water and can cause deadly pneumonia when people inhale contaminated droplets. These regulations aim to stop outbreaks before they start by forcing building owners to maintain their systems properly and allowing health authorities to monitor risks. The rules are backed by significant fines (up to $10,000 for false statements, $5,000 for many offences) to ensure compliance.\n\n**What's exempt:**\nThe rules don't apply to ordinary homes (Class 1A, 4, or 10 buildings under the Building Code) or individual apartments, unless the warm water system serves more than one dwelling (regulation 4)."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain focused on controlling Legionella risk in \"high risk manufactured water systems\" (cooling and warm water systems) through registration, technical requirements, maintenance, testing and reporting. Amendments recorded in the legislative history and the insertion of fee and administrative provisions adjust how the regime is implemented (for example, prescribed fees and fee recovery via reg 21, and Ministerial approval pathways), but they do not substantially expand the subject matter beyond the original purpose of regulating Legionella risk in these systems."},"complexity_factors":["Multiple defined terms and cross‑references (AS/NZS 3666.1, 3666.2, 3666.3, AS/NZS 3896, SAA/SNZ HB32, departmental Guidelines) — reg 3 and reg 20","Several discrete regulatory pathways and conditional options (relevant authority may inspect or require owner to arrange inspection; Minister may approve alternatives or exemptions) — regs 15(1)/(2), 16, 18, 8(2), 12(b), 13(e)","Wide range of penalty levels and expiation fees tied to specific breaches (different maxima across regs 5, 7–10, 12–17, 19)","Numeric thresholds with different responses for cooling vs warm water systems (1,000 cfu/mL vs 10 cfu/mL) and strict reporting timelines (reg 17)","Administrative requirements (registration, annual renewal, updating particulars within 1 month, 5-year log retention) with time‑sensitive duties — regs 5, 6, 14","Ministerial discretion and approval processes that may be conditional and revocable (reg 18)","Transitional and amendment history (transfers from earlier 2008 regulations and later variations) add interpretive baggage — Schedule 3 and legislative history"],"plain_english_summary":"**What these regulations do (mechanically)\n\n- Require registration of \"high risk manufactured water systems\" (cooling water systems and warm water systems) with the local council or Chief Public Health Officer (the \"relevant authority\") and annual renewal of that registration (reg 5).\n- Require owners to keep a register entry with contact details, update changes within 1 month, and notify removal or decommissioning (reg 6).\n- Impose specific technical and maintenance obligations on cooling systems: fit and operate automatic biocide dosing devices (reg 7); fit drift eliminators meeting the stated standard unless the Minister determines otherwise (reg 8); comply with commissioning requirements in AS/NZS 3666.1 before bringing a system into service (reg 9); and maintain the system in line with cited Australian Standards or an approved maintenance program (reg 12).\n- Impose specific obligations on warm water systems: keep storage areas at 60°C, monthly temperature measurement and records, monthly inspections, cleaning when contaminants are found, and decontamination at least every six months (reg 13).\n- Require an operating/maintenance manual and plans to be kept on site and made available to authorised officers (reg 10); require an up‑to‑date maintenance log book with test results and dosing records kept on site and retained for five years (reg 14).\n- Set up an annual inspection and microbiological testing regime administered by the relevant authority (reg 15). The relevant authority may instead require owners to arrange inspections and testing and submit reports (reg 15(2)).\n- Give the relevant authority power to require microbiological testing where there is an investigation nearby or belief of poor maintenance (reg 16).\n- Require immediate action and notification if Legionella is detected above specified thresholds: for cooling systems ≥1,000 cfu/mL and for warm systems ≥10 cfu/mL — owners must shut down or decontaminate and report to the relevant authority within 24 hours; the authority must forward the report to the Department within 24 hours (reg 17).\n- Allow the Minister to approve alternative maintenance programs and decontamination procedures, and to make determinations (including exemptions) subject to conditions (reg 18).\n- Create offences and penalties for failures to register, to fit/operate required devices, to comply with notices, and for providing false or misleading information (regs 5, 7, 8, 15, 16, 19).\n- Prescribe that certain Australian Standards and departmental Guidelines are to assist administration (reg 20) and make owners liable for inspection/testing fees (reg 21).\n\nWho this affects\n\n- Owners of premises where a cooling water system or warm water system is installed (the legal duties and most penalties fall on owners) (regs 5, 7, 12, 13, 14, 17, 21).\n- The person nominated by the owner to be responsible for operation and maintenance (must be competent) (regs 5(4), 11).\n- Local councils or the Chief Public Health Officer acting as the relevant authority (registration, inspection, testing, notices) (reg 3(3)).\n- Competent inspectors and NATA‑accredited laboratories that perform inspections and Legionella testing (regs 15, 16).\n\nOfficial purpose claim and practical test against costs and incentives\n\n- The stated policy aim (via the prescribed Guidelines and references to AS/NZS standards) is to control Legionella risk in \"manufactured water systems\" by mandating technical controls, maintenance, testing and reporting (reg 20 and definitions in reg 3). That aim is implemented by requiring technical fittings, routine maintenance, record keeping, and microbiological testing with defined trigger thresholds for response (regs 7, 8, 12–17).\n\nCosts, incentives and trade‑offs (concrete mechanisms):\n\n- Who pays: owners pay registration fees, inspection fees and the costs of microbiological testing arranged by the authority (reg 21). Owners also bear the capital and operating cost of required equipment (automatic biocide dosing devices, drift eliminators), routine maintenance, staff or contractor training, and costs of decontamination or shutdown if thresholds are exceeded (regs 7, 8, 12–14, 17).\n- Compliance burden: record keeping (on‑site plans/manuals, maintenance log book retained 5 years) and periodic measurements and inspections impose administrative tasks on owners and nominated operators (regs 10, 14, 13(b),(c)).\n- Incentives and behaviour: the combination of prescribed technical controls, minimum maintenance/testing frequency and explicit thresholds for action creates clear operational incentives to maintain temperature, dosing and cleanliness to avoid shutdowns, decontamination costs and penalties (regs 12, 13, 14, 17).\n- Market effects: demand rises for NATA labs, competent maintenance contractors and suppliers of dosing/drift‑eliminator equipment. Small increases in operating cost may affect building owners, facilities managers and tenants, depending on contractual arrangements.\n- Administrative discretion and implementation risk: the Minister can approve alternative programs or grant exemptions/determinations (regs 8(2), 12(b), 13(e), 18). The relevant authority decides inspection timing and can require tests where it suspects problems (regs 15–16). These discretions concentrate decision power in regulators and the Minister and require transparent administrative practice to limit unpredictability.\n- Enforcement and penalties: varying maximum penalties and expiation fees create a compliance stick; penalties differ by breach type (regs 5, 7–9, 10, 12–16, 19). False or misleading statements carry a higher maximum penalty (reg 19).\n\nPractical implementation points and risks\n\n- Reliance on external standards (AS/NZS 3666.x, AS/NZS 3896 and departmental Guidelines) simplifies technical specification but requires owners and inspectors to keep aligned with changing standards (reg 3 definitions; reg 20).\n- The regulations exclude very small or single‑dwelling systems (certain Building Code classes and single dwelling warm water systems) (reg 4), reducing burden on private residences while focusing regulation on higher‑risk commercial and multi‑occupancy systems.\n- The detection thresholds set a low tolerance for Legionella in warm water systems (10 cfu/mL) and a higher threshold for cooling systems (1,000 cfu/mL); these numeric triggers create binary operational consequences (reg 17).\n\nNet effect in plain terms\n\n- Owners of commercial or multi‑unit cooling and warm water systems must register, install and operate specified equipment, run approved maintenance programs, keep records, undergo or arrange periodic microbiological testing, and immediately act and report if Legionella exceeds set thresholds. Non‑compliance risks fines, required decontamination or shutdown and administrative costs. Local councils or the Chief Public Health Officer manage registration, inspections and testing, with Ministerial powers to approve alternatives or exemptions (regs 3–21)."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the full text of the regulations was not accessible due to a website error. No amendment history or explanatory material could be reviewed."},"complexity_factors":["No actual legislative text was retrievable — analysis is based solely on the title and general knowledge of this class of regulation","Legionella regulations in Australian jurisdictions typically involve technical compliance obligations (testing schedules, risk management plans) that add moderate complexity for duty holders","The regulations operate under a parent Act (South Australian Public Health Act 2011), meaning full understanding requires reading both instruments together","Complexity score is kept low because insufficient content was available to assess the true intricacy of the instrument"],"plain_english_summary":"The South Australian Public Health (Legionella) Regulations 2013 set regulatory rules under the Public Health Act 2011 for managing Legionella risk in South Australia. \n\nThey mainly affect owners/operators of cooling towers and warm-water systems, SA Health and local enforcement officers, and the public — requiring routine controls (testing, cleaning and record-keeping) to prevent potentially deadly Legionnaires’ disease."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-public-health-legionella-regulations-2013","history":"/api/acts/south-australian-public-health-legionella-regulations-2013/history","analysis":"/api/acts/south-australian-public-health-legionella-regulations-2013/analysis","conflicts":"/api/acts/south-australian-public-health-legionella-regulations-2013/conflicts","importantCases":"/api/acts/south-australian-public-health-legionella-regulations-2013/important-cases","documents":"/api/acts/south-australian-public-health-legionella-regulations-2013/documents"}}