Fluoridation of Public Water Supplies Act 1957

The Act centres on a small set of recurring legal concepts that structure authority, control, monitoring and evidential rules. Those concepts are statutory authorisation and direction, conditional approvals, delegated advisory input, statutory evidentiary presumptions, criminal liability, regulation-making and incorporation by reference.

Statutory authorisation and direction. The Act distinguishes between the Secretary’s grant of approval to a water supply authority to fluoridate (s 6) and the Secretary’s power to direct a water supply authority to add fluorine by Gazette notification (s 6A(1)). Section 6(1A) expressly makes a direction by the Secretary mandatory on the water supply authority when issued. The Act also contains an overriding “notwithstanding anything contained in any other Act” provision permitting a water supply authority to add fluorine subject to this Act and regulations, and similarly permitting the Secretary to direct fluoridation notwithstanding other Acts (s 6(1); s 6(1A)).

Conditional approvals. Any approval is conditional. The approval instrument must set a maximum and minimum concentration for fluorine (s 6(5)(c)(i)) and specify the permitted form of fluorine (s 6(5)(c)(ii)). The Secretary may attach other conditions, and may revoke, vary or attach new conditions after the approval is granted (s 6(5)(c)-(d)). Directions have equivalent terms and post-issue amendment or revocation powers (s 6A(3)-(4)).

Delegated advisory input. The Committee is an advisory body with statutory life and specified membership sources: one nominee from the Minister who is a Department of Health officer or employee of a public health organisation, and five appointed members drawn from panels submitted by specified bodies (Australian Medical Association (NSW), Australian Dental Association (NSW Branch), Institution of Engineers (Australia), Local Government and Shires Association of NSW) plus one appointed after consultation (s 4(2)). The Committee can both initiate recommendations and must consider and advise on matters referred by the Minister or Secretary (s 5).

Evidentiary presumptions. Certificates signed by the Secretary are prima facie evidence of approvals, directions, revocations and terms (s 7). Analysts’ certificates are prima facie evidence of analytical identity and results and are defined to include government-employed analysts and approved analysts under the Food Act 2003 (s 8). These presumptions lower proof burdens in prosecutions or regulatory enforcement actions under the Act.

Criminal liability and penalties. The Act creates offences for persons (other than water supply authorities) adding fluorine (s 6(3)), for water supply authorities contravening approval conditions or directions (s 6(6); s 6A(5)), and for discontinuing fluoridation when not revoked (s 6B(1)-(2)). Penalties are capped at 50 penalty units and continuing offences attract daily penalties up to 5 penalty units (s 9). Regulations may set penalties up to 25 penalty units and daily penalties up to 5 penalty units (s 11(2)).

Regulations and incorporation. The Governor may make regulations to protect workers from inhaling fluorine fumes or dust, set operator qualifications, control disposal of containers, require sampling and analysis by water supply authorities, prescribe methods and intervals for analysis, specify records to be kept, and otherwise carry the Act into effect (s 11(1)). The regulations may incorporate external standards, codes or methods by reference (s 11(3)). Regulations may also impose penalties for non-compliance (s 11(2)).

These concepts appear repeatedly across the Act and define who decides, what must be done, what can be required after approval or direction, how compliance will be evidenced, and what penalties attach to breach.

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.

The Act allocates primary duties to water supply authorities and grants a set of decision rights to the Secretary and the Minister. It also creates evidential rights usable in proceedings.

Duties imposed on water supply authorities

• Obtain approval or act only at the direction of the Secretary. A water supply authority may add fluorine only subject to this Act and the regulations, and only with Secretary approval or at the Secretary’s direction (s 6(1)-(2); s 6A(1)). The Secretary may make a direction that the water supply authority shall add fluorine (s 6(1A); s 6A(1)).

• Comply with concentration and form conditions. Any approval or direction will specify minimum and maximum concentrations (parts per million) and the form of fluorine permitted, and those conditions are binding on the water supply authority (s 6(5)(c)(i)-(ii); s 6A(3)(a)-(b)).

• Observe ancillary conditions and changes. The Secretary may attach other conditions to an approval or terms to a direction, and may revoke, vary or add conditions after the fact (s 6(5)(c)-(d); s 6A(4)). Water supply authorities must comply with any such changes unless revoked (s 6(5)(d); s 6A(4)).

• Maintain fluoridation once approved or directed. A water supply authority must not discontinue fluoridating the supply while an approval or direction remains in force, unless the Secretary revokes the approval or direction (s 6B(1)).

• Provide information in applications. When applying for approval the water supply authority must specify the public water supply and furnish such information as the Secretary requires (s 6(4)).

• Sampling, testing and records as prescribed. The regulations can require a water supply authority to undertake analyses and tests at specific points and intervals, forward samples to the Secretary, follow prescribed methods, and keep statutory records (s 11(1)(d)-(f); s 11(1)(e)).

Rights and statutory powers

• Secretary’s approval and direction powers. The Secretary has the power to approve or refuse an application, to publish the approval or refusal in the Gazette (which is deemed to be a regulation for s 11 purposes) and to set conditions including concentration ranges and form of fluorine (s 6(5)(a)-(c); s 6(5)(b)). The Secretary may revoke, vary or add conditions (s 6(5)(d)). The Secretary may direct fluoridation and set terms, and similarly vary or revoke those terms under s 6A(3)-(4).

• Ministerial appointment and removal rights. The Minister appoints Committee members from specified panels and may remove members or appoint deputies, thus exercising control over advisory membership (s 4(2)-(9)).

• Committee’s advisory functions. The Committee may initiate recommendations on regulations and proposals about fluoridation and must advise on matters referred by the Minister or Secretary, including consideration of questions referred by water supply authorities under s 6A referrals (s 5(1)-(2)).

Evidentiary rights

• Prima facie evidence certificates. Certificates by the Secretary stating whether an approval or direction exists, has been revoked, or what conditions apply are prima facie evidence in proceedings without proof of signature or official character (s 7(1)-(2)). Analysts’ certificates of analytical results are likewise prima facie evidence (s 8(1)-(2)). These provisions reduce the procedural burden for enforcement action by making official documentation self‑proving in the first instance.

Prohibitions and penalties

• Prohibition on non-authorities adding fluorine. Any person who is not a water supply authority who adds fluorine to a public water supply commits an offence (s 6(3)).

• Penalty exposure. Any person guilty of an offence under the Act faces up to 50 penalty units and a daily penalty for continuing offences up to 5 penalty units. Regulations may impose lesser prescribed penalties up to 25 penalty units and daily penalties up to 5 penalty units (s 9; s 11(2)).

Administrative and compliance rights

• Regulation‑making and incorporation. The Governor may make regulations to govern workplace protections, operator qualifications, disposal of containers, analytical requirements, testing methods, record keeping and other matters necessary to carry the Act into effect (s 11(1)). The regulations may incorporate external standards or codes by reference (s 11(3)). This gives administrators rights to specify technical compliance parameters that water supply authorities must follow.

Procedural constraints and silent areas

• No express appeal mechanism in the Act. The Act provides the Secretary with broad powers to approve, direct, revoke and vary approvals or directions and does not create an internal appeal route in the text. The Act does not specify timeframes for decisions, consultation requirements (outside the Committee advice where applicable), or publication standards beyond Gazette notification for approvals or directions (s 6(5)(a); s 6A(1)).

These duties and rights define a regime in which the Secretary is the central decision maker, water supply authorities are the operationally responsible entities with monitoring and record-keeping duties to be prescribed by regulation, and the Committee provides structured expert advice.

The Act establishes criminal offence provisions, penalty caps, evidentiary aids for enforcement, and a summary prosecution pathway. Those elements define how the Act will be enforced and what sanctions can be imposed.

Offences

• Unauthorised addition by non‑authorities. Section 6(3) makes it an offence for any person who is not a water supply authority to add fluorine to any public water supply. The statutory text does not carve out defences in the Act itself.

• Contravention by water supply authorities. Section 6(6) makes it an offence for a water supply authority to contravene or fail to comply with section 6 or any condition attached to an approval. Section 6A(5) makes it an offence to contravene a direction or any terms attached to it. Section 6B(2) makes it an offence for a water supply authority to discontinue fluoridation contrary to s 6B(1).

Penalty structure

• Base penalty caps. Section 9 sets the maximum penalty for any person guilty of an offence under the Act at 50 penalty units. For continuing offences the Act permits a daily penalty not exceeding 5 penalty units. The Act does not set different caps for different contraventions beyond this ceiling.

• Regulations may set penalties. Section 11(2) allows regulations to impose penalties not exceeding 25 penalty units for breach of regulations, and daily penalties not exceeding 5 penalty units for continuing breaches. Therefore breaches of regulations carry a lower statutory maximum than primary statutory offences, subject to the regulation-making power.

Evidentiary mechanisms facilitating enforcement

• Prima facie certificates by the Secretary. Section 7(1)-(2) provides that certificates signed by the Secretary stating the existence, revocation or terms of approvals and directions are prima facie evidence of the facts certified without proof of signature or official character. This facilitates proof of the legal status and terms of approvals and directions in enforcement proceedings.

• Analysts’ certificates. Section 8(1)-(2) allows analysts to give certificates of analytical results which serve as prima facie evidence of the identity of the substance analysed and the result. Analysts are defined to include government-employed analysts and approved analysts under the Food Act 2003 (s 8(3)). These certificates streamline proof of compliance or non-compliance with concentration requirements in prosecutions.

Enforcement procedure

• Summary proceedings. Section 10 provides that any penalty imposed by the Act or the regulations may be recovered in a summary manner before a Judge of the Local Court. The Act therefore prescribes a summary prosecution and penalty recovery pathway rather than an indictable route.

Regulatory enforcement tools

• Regulations for monitoring and record keeping. The Governor may make regulations to require water supply authorities to make analyses and prescribed tests of samples at points determined by the Secretary, to forward samples to the Secretary, to prescribe methods and testing intervals, and to require records to be kept (s 11(1)(d)-(f)). Such regulations enable routine monitoring which can form the basis of enforcement action under the Act.

Publication and presumption of law

• Gazette notifications. Section 6(5)(a) requires the Secretary to publish approvals or refusals in the Gazette, and s 6(5)(b) declares such notifications to be deemed regulations for the purpose of s 11. Publication in the Gazette therefore serves both as notice and as a statutory instrument in the evidentiary chain.

Practical enforcement consequences

• Speed and proof. The prima facie evidence provisions and summary proceeding pathway reduce the logistical burden of proving the legal status of approvals, directions and analytical results in prosecutions. That can enable regulators to act without producing full secondary proof of signature or employment.

• Continuing breaches. The availability of daily penalties for continuing offences provides a potential enforcement lever to encourage remediation after detection rather than one-off fines.

Limits and silent elements

• No specified inspectorate. The Act does not create a named inspectorate or enforcement agency in the text; enforcement relies on existing prosecutorial mechanisms and the evidentiary provisions. The Act allows regulations to impose monitoring duties on water supply authorities, but does not itself authorise inspections, warrants or seizure powers.

• No express administrative sanction alternative. The Act uses criminal penalties and does not create separate administrative fines, enforceable undertakings, or civil regulatory orders in its text. Regulations may impose penalties for breaches of regulations (s 11(2)), but administrative remedial powers are not set out in the Act.

In sum, enforcement under the Act is structured around criminal liability with evidentiary streamlining and summary court procedures, supplemented by regulation-driven monitoring obligations and Gazette publication as part of the legal record.

The Act contains express cross‑references and “notwithstanding” clauses that define its relationship with other legislation and external standards. The text also allows incorporation by reference of external standards in regulations.

Notwithstanding other Acts

• Primacy for fluoridation actions. Sections 6(1) and 6(1A) contain “notwithstanding anything contained in any other Act” language. That language authorises water supply authorities to add fluorine and the Secretary to direct fluoridation even if other Acts might otherwise restrict the activity, subject to compliance with this Act and its regulations. The statutory effect is to place decisions about adding fluorine within this Act’s scheme rather than relying on other legislation for permissive authority.

Cross-references to other Acts

• Health Services Act 1997. Section 4(2)(a) requires the Minister’s nominee to be an officer of the Department of Health or an employee of a public health organisation within the meaning of the Health Services Act 1997. The Act therefore imports that statutory definition for eligibility of the Committee chair nominee.

• Food Act 2003. Section 8(3) defines “analyst” to include an approved analyst within the meaning of the Food Act 2003. Analysts’ regulatory approval regime under that Act is therefore relevant to who qualifies as an analyst under this Act for evidentiary purposes.

• Water Industry Competition Act 2006. Section 6A(2A) exempts a direction given to “a registered operator within the meaning of the Water Industry Competition Act 2006” from the requirement that the Secretary must have received the Committee’s advice after a referral. That creates a special procedural rule where registered operators under that other Act can be directed without the particular Committee advice step.

Regulations may incorporate external standards

• Incorporation by reference. Section 11(3) permits the regulations to incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods as in force at a particular time or from time to time, prescribed or published by any authority or body, whether or not NSW-based. This enables the technical regulatory framework (methods of analysis, operator qualifications, workplace controls) to be tied to external codes or standards without reproducing them in primary legislation.

Gazette notification deemed a regulation

• Section 6(5)(b) declares that a notification by the Secretary published in the Gazette approving or refusing an application shall, for the purpose of s 11, be deemed to be a regulation. That makes Gazette notifications an object to be treated as part of the regulatory fabric for enforcement and cross-reference to regulatory powers.

Crown bound status

• Section 2 binds the Crown, which signals that statutory obligations and prohibitions apply to government suppliers of public water as well as private ones. Any interaction with other statutes that regulate Crown activity must therefore take into account that the Crown is subject to the Act.

Silent areas and external legal processes

• No internal appeal mechanism. The Act does not set out an internal review or appeal process for approvals, directions, revocations or variations. Where external review rights under administrative law may apply is not addressed in the Act itself; the Act’s text is silent about remedies or review processes beyond the summary prosecution pathway for offences.

• Administrative law overlay. The Act’s powers to approve, direct, revoke and vary, and the Minister’s power to appoint and remove Committee members, will operate in the context of general administrative law principles outside the Act. The text of the Act does not itself modify judicial review remedies or procedural fairness requirements. The Act does, however, require Committee advice in most directions, which creates a procedural pre-condition (s 6A(2)).

Overall, the Act sets out a specific statutory regime for fluoridation that overrides possible conflicting provisions in other Acts for the limited subject-matter of adding fluorine, references other legislation for definitions and qualifications, and enables technical regulatory details to be defined by incorporated standards under regulation.

The Act’s text includes amendment notes at multiple sections that record the specific amending instruments and schedules appearing in the provided source. Those amendment annotations show how the statutory language has been modified over time and where particular subsections were inserted.

• Section 3 (Definitions). The source shows amendment notations: “s 3: Am 1972 No 63, Sch; 1982 No 138, Sch 1.” Those entries indicate that the definitions provision was amended in 1972 and 1982; the Schedule references indicate the locations in the amending Acts where changes were made. The present text therefore reflects a definitions clause that has been adjusted at least in those years.

• Section 4 (Committee). The amendment footnote attached reads: “s 4: Am 1972 No 63, Sch; 1982 No 138, Sch 1, 1989 No 50, Sch 1 (1); 1990 No 108, Sch 1; 1997 No 154, Sch 6.12; 1999 No 85, Sch 2.23; 2013 No 111, Sch 2.6.” This series of amendments indicates a long history of modifications to the Committee’s constitution, appointment processes, terms, remuneration, or procedural provisions across those legislative instruments. The presence of many amendments suggests successive refinements to composition, appointment sources and administrative mechanics.

• Section 5 (Functions of Committee). The footnote reads: “s 5: Am 1972 No 63, Sch; 1982 No 138, Sch 1, 1989 No 50, Sch 1 (2).” This shows at least three amendment steps, perhaps aligning advisory functions with administrative or policy changes.

• Section 6 (Addition of fluorine). The footnote reads: “s 6: Am 1972 No 63, Sch; 1982 No 138, Sch 1, 1989 No 50, Sch 1 (3).” The inclusion of s 6(1A) and the expanded Secretary powers may reflect amendments recorded there.

• Section 6A (Directions). The source indicates: “s 6A: Ins 1989 No 50, Sch 1 (4). Am 2006 No 104, Sch 3.3; 2021 No 26, Sch 2.4.” That shows s 6A was inserted in 1989 and subsequently amended in 2006 and 2021. The 2006 and 2021 entries correspond with the Water Industry Competition Act cross-reference and later amendments to the procedure or scope of directions.

• Section 6B (Discontinuance of fluoridation). The footnote says: “s 6B: Ins 1989 No 50, Sch 1 (4).” Section 6B was inserted in the 1989 amending instrument.

• Section 7 (Certificates). The annotations are: “s 7: Am 1972 No 63, Sch; 1982 No 138, Sch 1, 1989 No 50, Sch 1 (5).” This indicates amendments across several years.

• Section 8 (Analyst certificates). The footnote contains: “s 8: Am 1989 No 231, Sch 4; 2003 No 43, Sch 1.3.” This shows amendments in 1989 and 2003, the latter likely reflecting cross-references to the Food Act.

• Section 9 (Penalty). The annotation is: “s 9: Am 1989 No 50, Sch 1 (6).” Penalty caps or language may have been adjusted in that amendment.

• Section 10 (Proceedings). The footnote reads: “s 10: Am 1989 No 50, Sch 1 (7); 2001 No 121, Sch 2.119; 2025 No 61, Sch 2.45.” This shows multiple amendments, the latest listed as 2025 No 61, Sch 2.45 in the source. The amendments likely relate to the procedural forum or recovery mechanisms.

• Section 11 (Regulations). The amendment note is: “s 11: Am 1972 No 63, Sch; 1982 No 138, Sch 1; 1987 No 48, Sch 32; 1989 No 50, Sch 1 (8); 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1997 No 147, Sch 1.11.” This sequence shows frequent legislative attention to the scope of regulatory powers over safety, qualifications, disposal, sampling and record-keeping.

What the source explicitly provides is the chronological list of amending instruments and schedules attached to each section. The Act text itself, as provided, incorporates those amendments. The source does not include the consolidated text of the amending Acts or the explanatory material for each amendment beyond the schedule citations. Therefore the replication above is limited to the Act’s internal amendment annotations and does not assert the substantive nature of each historic amendment beyond the presence of the amendment entries in the source.

The provided Act text contains no citations to judicial decisions, no recorded cases, and no statutory notes identifying litigation outcomes. The Act itself does not list any cases or judicial interpretations. The only material in the source that relates to contested facts is the mechanism for evidentiary certificates (s 7 and s 8) which are designed to operate in legal proceedings, but the Act does not refer to any particular litigation.

Consequently the source offers no litigation history to analyse. There are no cases named in the text, no references to appellate decisions, and no statutory citations to judgments. Where the Act anticipates legal proceedings, it prescribes evidentiary conveniences: Secretary’s certificates and analysts’ certificates are prima facie evidence (s 7; s 8) and penalties are recoverable in a summary manner before a Local Court judge (s 10). Those procedural provisions indicate an expectation of enforcement action in the Local Court, but the Act does not provide example prosecutions or judicial interpretations.

Because the Act is silent in the text about litigation, practitioners looking for case law or precedent must consult external databases and court records to determine how sections such as s 6(5)(c) (concentration limits), s 6A(2) (requirement for Committee advice), s 6B(1) (prohibition on discontinuance), s 7 and s 8 (prima facie certificates), and s 9 (penalties) have been interpreted and applied by courts. The Act’s evidentiary provisions will influence litigation strategy by creating presumptions in favour of documentary proof signed by the Secretary or an authorised analyst, but the practical effect of those presumptions in contested litigation will depend on how courts have treated rebuttal evidence and procedural fairness issues in particular cases, none of which are contained in this source.

In short, the Act’s text anticipates enforcement proceedings and provides tools assisting proof, but the source does not supply any concrete litigation outcomes, judicial analysis or case law to summarise.

This section highlights statutory features that commonly give rise to operational surprises or compliance traps, grounded in the Act’s text.

1. Secretary’s wide post‑grant variation powers. Approvals and directions can be revoked, varied or have conditions attached at any time after they are granted or given (s 6(5)(d); s 6A(4)). A water supply authority cannot assume an approval is immutable; ongoing compliance systems are required to respond quickly to changed terms.

2. Mandatory compliance with concentration and form terms. The approval or direction will specify maximum and minimum concentrations and the permitted form of fluorine, and compliance is an offence if breached (s 6(5)(c)(i)-(ii); s 6A(3); s 6(6)). Analytical evidence under s 8 will be used in prosecutions, so measurement methods and sampling points matter.

3. Discontinuance prohibited unless revoked. Section 6B(1) forbids a water supply authority from stopping fluoridation unless the Secretary revokes the approval or direction. That prevents unilateral operational decisions to cease dosing without Secretary action (s 6B(1)-(2)).

4. Non‑authorities expressly prohibited from adding fluorine. Any person who is not a water supply authority who adds fluorine to a public water supply commits an offence (s 6(3)). Third-party contractors or consultants carrying out dosing could expose themselves and the contracting authority to liability if the contracting authority is not the water supply authority as defined.

5. Gazette notifications treated as regulations for s 11. An approval or refusal published in the Gazette is, for the purposes of s 11, deemed to be a regulation (s 6(5)(b)). That elevation means Gazette publication has legal effect beyond mere notice and can be relied on under the Act’s regulatory framework.

6. Certificates are prima facie rather than conclusive. Certificates by the Secretary and analysts are prima facie evidence (s 7; s 8). They ease proof for prosecuting authorities but remain rebuttable. The Act does not make such certificates conclusive.

7. Committee advice is a precondition for directions in most cases. Section 6A(2) requires that a direction may be given only if the water supply authority has referred the question and the Secretary has received the Committee’s advice. Practically, the Committee step will often be a procedural precondition before a direction can be lawfully given, except where the registered operator exception applies (s 6A(2A)).

8. Exception for registered operators. Directions to registered operators within the meaning of the Water Industry Competition Act 2006 are exempt from the Committee advice requirement (s 6A(2A)). The Act therefore treats certain classes of operators differently depending on their regulatory status under another Act, which can materially affect procedure.

9. Regulations may prescribe sampling points and methods. The Secretary can determine sampling points (s 11(1)(d)-(e)), and the regulations may prescribe methods and intervals. If sampling is carried out at points or by methods not prescribed, analytical results may be challenged.

10. Regulations may incorporate external standards. Section 11(3) allows regulations to adopt standards published by bodies outside NSW. This can change actual compliance requirements without primary law amendment, so water supply authorities must monitor regulatory instruments and any standards incorporated by reference.

11. No express appeal or review procedure in the Act. The Act grants the Secretary broad discretion to approve, direct, revoke and vary, but does not itself set out internal review mechanisms or timeframes. Absence of statutory review avenues in the Act may mean reliance on external administrative law remedies, which are not provided for in the text.

12. Crown is bound. Section 2 binds the Crown, so the Act applies to government water suppliers. If a government entity supplies water, it cannot rely on Crown immunity to avoid statutory duties.

13. Penalty caps and continuing offences. Penalties can accrue daily for continuing breaches up to specified daily caps (s 9; s 11(2)). Failure to remediate a breach quickly can multiply exposure.

14. Definitions matter. The statutory definition of “public water supply” and “water supply authority” in s 3 is the starting point for determining which entities are regulated. Misclassifying an entity could result in unauthorised action being an offence (s 6(3)).

These are not policy judgments but operational implications drawn directly from the Act’s provisions. Each is a potential source of compliance risk or procedural surprise if unrecognised.

This section sets out concrete steps and organisational controls that a water supply authority and related actors should implement to operate within the Act’s requirements, based on its provisions.

1. Confirm status as a “water supply authority” and application of the Act. Start by confirming whether your organisation falls within the Act’s definition of water supply authority (s 3). If not a water supply authority, do not add fluorine to any public water supply (s 6(3)).

2. Seek Secretary approval before commencing fluoridation. If you intend to add fluorine, prepare an application to the Secretary specifying the public water supply in respect of which approval is sought and provide any information the Secretary requires (s 6(4)). Do not commence dosing until approval is granted or a direction is issued.

3. If directed by the Secretary, comply immediately. A direction issued under s 6A is statutory and, for water supply authorities, mandatory (s 6(1A); s 6A(1)). In cases involving registered operators as defined under the Water Industry Competition Act 2006, the Secretary may give a direction without the Committee advice pre-condition (s 6A(2A)).

4. Implement concentration control and product form controls. Ensure dosing equipment, procurement and operational processes can maintain fluorine concentration within any minimum and maximum specified in an approval or direction (s 6(5)(c)(i); s 6A(3)(a)). Procure only the chemical form of fluorine specified by the approval or direction (s 6(5)(c)(ii); s 6A(3)(b)).

5. Build monitoring and analytical capacity to match regulatory requirements. Regulations may require analyses and prescribed tests at points determined by the Secretary, at prescribed intervals, and by prescribed methods (s 11(1)(d)-(e)). Ensure sampling plans, laboratory accreditation, and analyst qualifications meet the regulations. Use analysts who qualify under s 8(3) so that certificates will have the statutory prima facie effect.

6. Establish record keeping and reporting procedures. Regulations may prescribe records to be kept (s 11(1)(f)). Maintain contemporaneous records of dosing rates, concentration readings, sampling results, maintenance, procurement of fluorine forms, staff training and safety incidents. Prepare procedures to forward samples to the Secretary if required (s 11(1)(d)).

7. Manage workplace safety and operator qualifications. The Governor may make regulations for protection of workers from inhaling fluorine fumes or dust, and for qualifications of persons operating plant used for adding fluorine (s 11(1)(a)-(b)). Implement occupational health protocols and ensure operators meet any prescribed qualifications.

8. Control procurement, storage and disposal. Regulations can govern disposal or destruction of containers from which fluorine has been removed (s 11(1)(c)). Implement secure procurement chains, labelled storage, and compliant disposal practices consistent with any regulatory requirements.

9. Plan for change management given Secretary variation powers. Because approvals and directions can be revoked, varied or have new conditions attached at any time (s 6(5)(d); s 6A(4)), maintain an internal compliance team and escalation process to respond to communications from the Secretary, and a rapid legal assessment and operational change protocol.

10. Do not discontinue fluoridation unless the Secretary revokes. Do not cease dosing until an approval or direction is formally revoked by the Secretary (s 6B(1)-(2)). If operational circumstances make continued dosing impossible, immediately notify the Secretary and seek written revocation or amendment.

11. Preserve documentary evidence for legal proceedings. Use Secretary-signed documentation and analyst-signed certificates where possible, since those have prima facie evidentiary status under s 7 and s 8. Keep originals, with chain-of-custody for samples.

12. Monitor Gazette publications and regulatory updates. Approvals and directions are published in the Gazette and may be treated as regulations for certain purposes (s 6(5)(a)-(b)). Regulations may incorporate external standards by reference (s 11(3)). Subscribe to official Gazette notices and regulatory instruments to identify changes in applicable technical standards.

13. Review contractual arrangements with third-party contractors. Because non‑authorities are prohibited from adding fluorine (s 6(3)), ensure contracts with suppliers and contractors allocate responsibility and confirm the water supply authority’s statutory accountability. Contractors performing on‑site activities should operate under the authority’s supervision and documented delegation arrangements.

14. Audit for continuing compliance to avoid daily penalties. The Act allows daily penalties for continuing offences (s 9; s 11(2)). Regular internal audits and remediation plans reduce the risk of prolonged breaches and accumulating penalties.

15. Engage with the Committee process where relevant. If the water supply authority intends to refer the question of fluoridating its supply to the Secretary, be prepared to engage with the Committee process and supply information for the Committee’s consideration insofar as s 6A(2) anticipates Committee advice prior to directions.

16. Legal review of procedural fairness and challenge options. The Act does not set out internal appeal procedures for approvals or directions. Obtain legal advice on administrative law remedies and potential review avenues if an approval is refused, an unfavourable direction is given, or conditions are varied. The Act itself prescribes only the enforcement and evidentiary framework; judicial review and external remedies are not addressed in the text.

Following these steps aligns operational practice with the statutory duties set out in the Act and with the regulatory instruments the Governor may create under s 11. Each step should be implemented with documentary controls because the Act gives statutory evidentiary weight to official certificates and analysts’ reports.