The Act expressly identifies several groups and classes of persons who are affected by its operations and duties. Those groups have distinct legal positions and varying burdens.
Water supply authorities. Defined in s 3 as any person or body, corporate or unincorporate, who or which supplies water to the public. Water supply authorities are the primary regulated parties. They may add fluorine only with Secretary approval or direction (s 6(1)-(2); s 6A(1)). They must comply with concentration limits, permitted chemical form and any conditions set in approvals or directions (s 6(5)(c); s 6A(3)). They must not discontinue fluoridation unless the approval or direction is revoked (s 6B(1)). Contraventions by water supply authorities are offences under the Act (s 6(6); s 6A(5); s 6B(2)).
The Secretary of the Department of Health. The Secretary holds central regulatory power. The Secretary approves or refuses applications to add fluorine, issues directions to add fluorine (including under power that makes directions mandatory on water supply authorities) and specifies terms including concentration ranges and chemical forms (s 6(2)-(5); s 6A(1)-(4)). The Secretary may publish approvals or directions in the Gazette, revoke, vary or add conditions or terms, and issue certificates that are prima facie evidence of approvals or directions (s 6(5)(a)-(b); s 6(5)(d); s 7).
Minister. The Minister appoints the Committee members, including exercising selection from panels and appointing one member after consultation (s 4(2)). The Minister nominates one Department of Health officer or public health organisation employee to be chairperson (s 4(2)(a); s 4(3)(a)). The Minister may remove members for cause and may appoint deputies (s 4(7)-(8)). The Committee may also initiate proposals and refer them to the Minister or Secretary (s 5(1)), so the Minister is a recipient of advice and a participant in membership control.
Committee members and prescribed organisations. The Act mandates that four of the five appointed Committee members be chosen from panels submitted by named professional and local government bodies (s 4(2)(i)-(iv)). Those organisations therefore have institutional influence over Committee composition. The Committee itself exercises advisory functions and may initiate recommendations on regulations, administration and proposals to add fluorine (s 5).
Registered operators. Section 6A(2A) creates a specific exception to the Committee advice pre-condition for directions. Subsection (2A) excludes directions given to “a registered operator within the meaning of the Water Industry Competition Act 2006” from the requirement that the Secretary receive the Committee’s advice following referral. The Act therefore treats registered operators under that other Act differently for the purpose of advice requirements.
Analysts and laboratory personnel. Analysts are persons employed by the NSW Government as analysts or approved analysts under the Food Act 2003 (s 8(3)). Analysts may supply certificates of analytical results, which are prima facie evidence in proceedings under the Act (s 8(1)-(2)). The regulations can prescribe qualifications for operators and protections for workers handling fluorine (s 11(1)(a)-(b)), thereby affecting employer obligations.
The Crown. The Act expressly binds the Crown (s 2), so government bodies that supply water are within the Act’s reach and must comply with approvals, directions and conditions.
The public. The Act applies to any “public water supply” defined as any water supply used for supplying water to the public (s 3). In practical terms this encompasses municipally or privately managed supplies that provide drinking water to members of the public.
Third parties and suppliers of fluorine. Section 6(3) prohibits any person who is not a water supply authority from adding fluorine to a public water supply. Suppliers of fluorine or contractors acting on behalf of a water supply authority will be affected indirectly because the water supply authority retains statutory responsibility for compliance with approvals, directions and conditions.
Regulatory bodies. The Governor and the Department of Health, through the Secretary, will be responsible for making and applying regulations (s 11). The regulations may reference external standards and impose obligations on water supply authorities and operators (s 11(3)).
Taken together, the Act concentrates direct legal obligations on water supply authorities and places decision and enforcement discretion in the Secretary, with advisory input from a Committee whose membership is partly controlled by specified professional and local government bodies.