37Installation of on-site wastewater management systems

37 Installation of on-site wastewater management systems

(1)  A person must not install an on-site wastewater management system unless –

(a) the system is accredited by the Director of Building Control or in accordance with the Act; or

(b) the system is exempt under the National Construction Code from the requirement to be accredited; or

(c) the relevant permit authority has authorised, in accordance with the Act, the installation of the system as a unique plumbing installation.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 75 penalty units; or

(b) a body corporate, a fine not exceeding 150 penalty units.

(2)  A person must not install an on-site wastewater management system unless he or she has, before performing the installation –

(a) ensured that the conditions of the soil and premises where the work is to be performed are consistent with the permit issued in respect of the work; and

(b) if the conditions are not consistent with the permit so issued, notified the designer of the work and the relevant permit authority within the specified period after discovering the inconsistency.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person who is required to notify a permit authority under subregulation (2)(b) in respect of an installation must not perform the work until –

(a) the designer has reassessed the relevant premises and has –

(i) submitted modified plans for the work to the permit authority; or

(ii) notified the permit authority in writing that no modification of the work is required; and

(b) the permit authority has authorised the work to proceed.

Penalty:  Fine not exceeding 50 penalty units.

(4)  [Regulation 37 Subregulation (4) amended by S.R. 2017, No. 104, Applied:27 Dec 2017] A person must not install, or alter, an on-site wastewater management system so that the waste or end product, of the system is removed from the system by means of carrying or pumping through a habitable room, unless that removal is authorised under a certificate of likely compliance issued in respect of the installation or alteration.