Health (Aquatic Facilities) Regulations 2007 (Western Australia)

These regulations create the regulatory regime for aquatic facilities in Western Australia by prescribing approval, certification, operational, sampling, enforcement and transitional rules. Their core mechanics are:

Scope and definitions. The regulations define an “aquatic facility” to include one or more water bodies (for example pools, spa pools, slides, wave pools), associated plant, concourses, amenities, lighting, fencing and other structures necessary for operation (reg 5(1); reg 4(1) definitions). They also exempt a set of small community and strata facilities (subreg 5(2)(a), (aa), (ab) and (ba)), facilities using only ocean water (5(2)(b)) and naturally occurring water bodies (5(2)(c)). The Chief Health Officer may make further exemptions where persons have long‑term connections and public health is not compromised (5(3)).
Adoption of the Code. The “Code of practice for the design, construction, operation, management and maintenance of aquatic facilities” (the Code) published by the Chief Health Officer is adopted to the extent the regulations apply the Code (reg 6(1)). If the Code conflicts with the regulations, the regulations prevail (reg 6(2)). The Code is to be made publicly available by the Department (reg 32).
Construction and change controls. Approval from the Chief Health Officer is required to construct, alter or extend an aquatic facility (reg 7). Applications must be in approved form and include plans, specifications, block plans and other information (reg 8). The Chief Health Officer may grant approval where the proposed works comply with the Code (reg 9(1)), or in some circumstances where compliance is not strictly met provided health and safety are not compromised and either function/performance is equivalent or there is a public interest (reg 9(2)). The CHO may approve variations to approvals (reg 10) and may grant staged approvals (reg 11).

CrestWestern Australia

Health (Miscellaneous Provisions) Act 1911

Health (Aquatic Facilities) Regulations 2007

Western Australia

Health (Aquatic Facilities) Regulations 2007

Contents

Part 1 — Introduction

Citation 1
Commencement 1
Regulations to operate as local laws 1
Terms used in these regulations 1
Aquatic facilities 3
Adoption of Code and relationship to these regulations 5

Part 2 — Construction, alteration and extension of aquatic facilities

Division 1 — Approval of construction, alteration and extension of aquatic facilities

Approval required to construct, alter or extend an aquatic facility 6
Applying for approval to construct, alter or extend an aquatic facility 6
Approval of construction, alteration or extension of an aquatic facility 7
Approval of construction etc. — variations after approval granted 7
Approval of construction etc. — staged construction 8

Division 2 — Certificate of compliance

Certificate of compliance required to operate an aquatic facility 8
Certificate of compliance 9
Applying for a certificate of compliance 9
Issue of certificate of compliance 9

Part 3 — Operation of aquatic facilities

Division 1 — Permit to operate an aquatic facility

Permit required to operate an aquatic facility 11
Applying for a permit to operate 11
Permit to operate an aquatic facility 11

Division 2 — Operation of aquatic facilities

Operation of aquatic facilities 12
Variation in operational requirements 12

Division 3 — Quality control

Water sampling 13
Improvement orders 14
Closing facilities 16

Part 4 — General provisions

Division 1 — Hygiene and use of facilities

Certain persons not to enter or use water body 19
Pollution of water bodies 19
Animals not to enter aquatic facilities etc. 19

Division 2 — Miscellaneous provisions

Reasons for certain decisions 20
Review of certain decisions 20
Informing local governments 22
Approved forms 23
Offences and penalties 24
Availability of the Code 24

Part 5 — Transitional provisions

Division 1 — Preliminary

Terms used in this Part 25
Repeal of old regulations 25

Division 2 — Existing facilities that are in use

Application of this Division 25
Certificates of compliance and permits to operate 25
Review of certain decisions made under this Division 28
Compliance with certain operational requirements of the Code 28
Exemptions under the old regulations 29

Division 3 — Other matters under the old regulations

Notices under regulation 3 of the old regulations 30
Approvals under regulation 4 of the old regulations 30
Closure notices 31

Notes

Compilation table 32

Defined terms

Health (Miscellaneous Provisions) Act 1911

Health (Aquatic Facilities) Regulations 2007

Part 1 — Introduction

1. Citation

	These regulations are the *Health (Aquatic Facilities) Regulations 2007*.

2. Commencement

These regulations come into operation as follows:

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations —

(i) on 1 October 2007; or

(ii) if these regulations are published in the Gazette on a later day — on that day.

3. Regulations to operate as local laws

These regulations apply to all districts as if they were local laws made under the Act.

4. Terms used in these regulations

(1) In these regulations, unless the contrary intention appears —

alter, an aquatic facility, means to do work on the facility other than work associated with maintenance or repair of the facility or replacement of plant, equipment or systems that are part of the facility with plant, equipment or systems that have substantially the same function and performance;

approved form has the meaning given to that term in regulation 30;

aquatic facility has the meaning given to that term in regulation 5;

class, in relation to an aquatic facility or water body that is a part of a facility, means the class, determined in accordance with the classification in the Code, of aquatic facility that the facility or water body may be, or is being, operated as (that is, as a Class 1, 2, 3 or 4 facility);

Code means the “Code of practice for the design, construction, operation, management and maintenance of aquatic facilities”, published by the Chief Health Officer under the Act on 1 June 2007 as amended by the Chief Health Officer from time to time, and any code of practice under the Act that replaces the Code;

dwelling unit means a room or suite of rooms, and any associated parts of a building, constituting a single dwelling for the exclusive occupation of the occupant;

improvement order means an order given under regulation 22;

operational requirement means a requirement of the Code concerning the ongoing operation of aquatic facilities as compared to a requirement concerning the design and construction of aquatic facilities;

operator, of an aquatic facility, means —

(a) the occupier of the land or premises on or in which the facility is located; and

(b) any other person concerned with the operation of the facility other than as an employee;

residential lot means a lot used, or intended to be used, as a place of residence, but does not include a lot used, or intended to be used, in the course of carrying on a business of providing holiday or temporary accommodation for persons away from their normal place of residence;

water body means a spa pool, swimming pool, swimming bath, water slide, wave pool, and any other aquatic amenity or facility that is controlled or used by or in connection with any club, school, business, association or body corporate.

(2) A standard, guide or other document that is adopted, applied or referred to by the Code but is not adopted, applied or referred to as at a particular time, is the version of the standard, guide or document as in force at the time these regulations first came into operation.

[Regulation 4 amended: Gazette 8 Dec 2009 p. 4998-9; 10 Jan 2017 p. 258 and 259.]

5. Aquatic facilities

(1) An aquatic facility consists of —

(a) one or more water bodies; and

(b) the plant associated with each water body; and

(d) the toilets, change rooms and similar facilities provided as part of the facility; and

(e) the lighting for the facility; and

(f) the fence or fences, and any other structure that excludes access, around each water body; and

(g) any other structure, building or plant necessary for the operation of each water body.

(1A) If a term is given a meaning in the Strata Titles Act 1985 section 3(1) it has the same meaning in subregulation (2)(a).

(1B) If a term is given a meaning in the Community Titles Act 2018 section 3(1) it has the same meaning in subregulation (2)(aa) and (ab).

(2) The following are not aquatic facilities for the purposes of these regulations —

(a) an aquatic facility controlled and managed by a strata company for a strata titles scheme in which there are fewer than 30 lots, each of which is a residential lot;

(aa) an aquatic facility controlled and managed by a community corporation for a community titles scheme if —

(i) there are fewer than 30 lots in the community titles scheme, each of which is a residential lot; and

(ii) only the owners of the lots or the occupiers of the lots or common property in the community titles scheme and their guests are permitted to have access to the aquatic facility;

(ab) an aquatic facility controlled and managed by a community corporation for a community titles scheme if —

(i) there are fewer than 30 lots in the community scheme to which the community titles scheme belongs, each of which is a residential lot; and

(ii) only the owners of the lots or the occupiers of the lots or common property in the community titles schemes that together comprise the community scheme and their guests are permitted to have access to the aquatic facility;

(ba) an aquatic facility, that is part of a complex that consists of or includes dwelling units, if —

(i) there are fewer than 30 dwelling units in the complex; and

(ii) only long‑term residents of the complex and their guests are permitted to have access to the aquatic facility;

(b) an aquatic facility that only uses water directly from the ocean;

(d) an aquatic facility that is exempt under subregulation (3).

(3) The Chief Health Officer may exempt an aquatic facility for the purposes of subregulation (2)(d) if satisfied that —

(a) only persons who have a long‑term connection with the facility and their guests are permitted to have access to it; and

(b) the health and safety of persons using the facility will not be compromised; and

[Regulation 5 amended: Gazette 8 Dec 2009 p. 4999; 10 Jan 2017 p. 259; SL 2021/72 r. 4.]

6. Adoption of Code and relationship to these regulations

(1) The Code is adopted to the extent to which it is applied by these regulations.

(2) These regulations prevail over the provisions of the Code to the extent to which the provisions of the Code are inconsistent with these regulations.

Part 2 — Construction, alteration and extension of aquatic facilities

Division 1 — Approval of construction, alteration and extension of aquatic facilities

7. Approval required to construct, alter or extend an aquatic facility

A person must not construct, alter or extend an aquatic facility other than in accordance with the approval of the Chief Health Officer under this Division.

[Regulation 7 amended: Gazette 10 Jan 2017 p. 259.]

8. Applying for approval to construct, alter or extend an aquatic facility

(1) The occupier of land or premises on or in which it is proposed to construct an aquatic facility may apply to the Chief Health Officer for approval to construct the facility.

(2) The occupier of land or premises on or in which an aquatic facility is located may apply to the Chief Health Officer for approval to alter or extend the facility.

(3) The application must be in the approved form and must be accompanied by —

(a) 2 copies of the plans and specifications for, and a description of, the proposed aquatic facility, alteration or extension which, for the construction or extension of a water body, must include how the water body is to be drained, ventilated and lit, the quantity of water to be held and the capacity of the filtration and other water treatment units; and

(b) a block plan showing the position of the water body or bodies in relation to the position and distribution of toilets, change rooms and other similar facilities, and the lands to which the aquatic facility abuts and the purposes for which those lands are used; and

[Regulation 8 amended: Gazette 10 Jan 2017 p. 259.]

9. Approval of construction, alteration or extension of an aquatic facility

(1) The Chief Health Officer may grant the occupier approval to construct, alter or extend the aquatic facility if satisfied that the facility to be constructed, the part of the facility to be altered or the extension would comply with the requirements of the Code as in force at the time of the application.

(2) The Chief Health Officer may grant the occupier approval to construct, alter or extend the aquatic facility even though not satisfied as required by subregulation (1) if satisfied that the health and safety of persons using the facility will not be compromised and that either —

(a) the function and performance of those parts or aspects of the facility to be constructed or altered or of the extension that do not comply with the requirements of the Code as required by subregulation (1) is the same as, or better than, that which is required by the Code for that part or aspect; or

(b) there is a public interest in approving the construction, alteration or extension.

[Regulation 9 amended: Gazette 10 Jan 2017 p. 259.]

10. Approval of construction etc. — variations after approval granted

(1) The Chief Health Officer may, after granting approval under regulation 9 for the construction, alteration or extension of an aquatic facility (the original approval), approve of a variation in the plans and specifications for the construction, alteration or extension if satisfied that the facility to be constructed, the part of the facility to be altered or the extension, as varied, would —

(a) comply with the requirements of the Code as in force at the time of the application for the original application; or

(b) meet the requirements of regulation 9(2).

(2) The occupier granted the original approval may apply for an approval of a variation under this regulation which must be in the approved form and must be accompanied by 2 copies of the plans and specifications for the proposed aquatic facility, alteration or extension as varied.

(3) For the purposes of Division 2, the approval of the variation is to be treated as part of the original approval.

[Regulation 10 amended: Gazette 10 Jan 2017 p. 259.]

11. Approval of construction etc. — staged construction

(1) The Chief Health Officer may, under regulation 9, grant approval for one or more stages of the construction, alteration or extension of an aquatic facility and, for that purpose, need only be satisfied that the stage or those stages of the construction, alteration or extension would comply with the requirements of the Code (to the extent to which they are relevant) as in force at the time of the application.

(2) For the purposes of Division 2, the approvals granted in relation to a particular aquatic facility in accordance with this regulation are to be treated as a single approval.

[Regulation 11 amended: Gazette 10 Jan 2017 p. 259.]

Division 2 — Certificate of compliance

12. Certificate of compliance required to operate an aquatic facility

A person must not operate an aquatic facility unless there is, in force, a certificate of compliance that covers, or a number of certificates of compliance that between them cover, all of the facility.

13. Certificate of compliance

(1) A certificate of compliance for an aquatic facility, or a water body that is a part of an aquatic facility, must specify the class, or classes, of aquatic facility that the facility or water body may be operated as.

(2) If there are a number of certificates of compliance in force covering an aquatic facility, they are to be read together, and, of any 2 certificates, the later prevails over the earlier to the extent of any inconsistency.

(3) The Chief Health Officer may issue a certificate of compliance that is a consolidation of a number of certificates.

[Regulation 13 amended: Gazette 10 Jan 2017 p. 259.]

14. Applying for a certificate of compliance

(1) A person may apply to have a certificate of compliance issued by the Chief Health Officer for an aquatic facility, or a part of an aquatic facility.

(2) The application must be in the approved form.

[Regulation 14 amended: Gazette 10 Jan 2017 p. 259.]

15. Issue of certificate of compliance

(1) The Chief Health Officer may issue a certificate of compliance for an aquatic facility if satisfied that it has been constructed in accordance with the approval to construct the facility granted under Division 1.

(2) The Chief Health Officer may issue a certificate of compliance for an aquatic facility in respect of an alteration or extension of the facility if satisfied that it has been altered or extended in accordance with the approval to alter or extend the facility granted under Division 1.

(3) In the case of —

(a) an aquatic facility for which no approval to construct was granted under Division 1; or

(b) an alteration or extension of an aquatic facility for which alteration or extension no approval was granted under Division 1,

the Chief Health Officer may issue a certificate of compliance for the facility or in respect of the alteration or extension (whichever is relevant) if satisfied that the facility, or alteration or extension, complies with the requirements of the Code as in force at the time of the application for the certificate.

(4) Subregulation (5) applies to and in relation to an aquatic facility if —

(a) the facility was in use, to some extent, during the 12 months immediately prior to 1 October 2007; and

(b) there is no certificate of compliance in force in respect of the facility.

(5) If this subregulation applies, the Chief Health Officer may issue a certificate of compliance for the facility even though not satisfied as required by subregulation (3) if satisfied that the health and safety of persons using the facility will not be compromised and that there is a public interest in issuing the certificate of compliance.

[Regulation 15 amended: Gazette 8 Dec 2009 p. 5000; 10 Jan 2017 p. 259.]

Part 3 — Operation of aquatic facilities

Division 1 — Permit to operate an aquatic facility

16. Permit required to operate an aquatic facility

(1) A person must not operate an aquatic facility, or a water body that is part of an aquatic facility, as an aquatic facility of a particular class unless the operator, or one of the operators, has a permit to operate the facility or water body as an aquatic facility of that class or a higher class.

(2) Subregulation (1) does not apply to a person who operates an aquatic facility as an employee only.

(3) For the purposes of these regulations, a Class 1 aquatic facility is the highest class of facility.

17. Applying for a permit to operate

(1) An operator may apply to the Chief Health Officer for a permit to operate a particular aquatic facility, or a water body that is a part of the aquatic facility, as an aquatic facility of a class specified in the application.

(2) The application must be in the approved form.

[Regulation 17 amended: Gazette 10 Jan 2017 p. 259.]

18. Permit to operate an aquatic facility

(1) The Chief Health Officer may grant an operator a permit to operate an aquatic facility, or a water body that is part of an aquatic facility, as an aquatic facility of a particular class, if satisfied that —

(a) there is in force a certificate of compliance that covers, or a number of certificates of compliance that between them cover, all of the facility; and

(b) on being tested, the water quality meets the requirements of the Code; and

(c) staff, with the qualifications required by the Code for an aquatic facility that is being operated as an aquatic facility of that class, are engaged.

(2) A permit to operate an aquatic facility, or a water body that is part of an aquatic facility, is not transferable.

[Regulation 18 amended: Gazette 10 Jan 2017 p. 259.]

Division 2 — Operation of aquatic facilities

19. Operation of aquatic facilities

(1) The operator of an aquatic facility must operate the facility, or ensure that the facility is operated, in accordance with —

(a) the operational requirements of the Code, except to the extent to which a variation in operational requirements approved by the Chief Health Officer under regulation 20 is inconsistent with those requirements of the Code; and

(b) any variations in operational requirements approved by the Chief Health Officer under regulation 20.

(2) The operator of an aquatic facility must ensure that clauses 2.12, 2.22, 2.23, 2.24 and 2.25 of the Code are complied with for that facility.

[Regulation 19 amended: Gazette 10 Jan 2017 p. 259.]

20. Variation in operational requirements

(1) The Chief Health Officer may approve a variation in operational requirements for a particular aquatic facility if satisfied that the operational requirement, as varied —

(a) will provide the same or better health and safety protection to persons using the facility as that provided by the operational requirement unvaried; or

(b) will not compromise the health and safety of persons using the facility and that there is a public interest in approving the variation.

(2) A variation in operational requirements must be in writing and a copy of it must be given to the person, at the facility, who is in charge of the day‑to‑day operations of the facility.

[Regulation 20 amended: Gazette 10 Jan 2017 p. 259.]

Division 3 — Quality control

21. Water sampling

(1) The local government of each district must ensure that —

(a) an authorised officer, or a person under the direction of an authorised officer, collects 2 water samples (one for bacteria, one for amoeba) from each water body of each aquatic facility in the district at least once per month; and

(b) the water samples are given to a laboratory approved by the Chief Health Officer for microbiological analysis; and

(c) the water samples are collected, stored and transported to the laboratory in accordance with the requirements of the laboratory.

(2A) For the purposes of subregulation (1)(a), a person is under the direction of an authorised officer if the person is under the regular and frequent, but not necessarily continuous and personal, supervision of the officer.

(2) The Chief Health Officer may approve a laboratory if it is accredited by the National Association of Testing Authorities (NATA).

(3) A local government need not comply with subregulation (1) in relation to a particular aquatic facility if the Chief Health Officer has granted the local government an exemption in relation to the facility.

(4) The Chief Health Officer may grant an exemption if satisfied that —

(a) it is impractical for an authorised officer of the local government to comply with one or more of the requirements of subregulation (1); and

(b) the operator of the facility can ensure that the water samples are taken at least once per month and that the other requirements of subregulation (1) are complied with.

(5) The Chief Health Officer may revoke an exemption if —

(a) satisfied that the circumstance in subregulation (4)(a) is no longer the case; or

(b) the operator has not ensured that the water samples are taken at least once per month and that the other requirements of subregulation (1) are complied with.

(6) If the Chief Health Officer grants an exemption under subregulation (4), the operator must ensure that the water samples are taken at least once per month and that the other requirements of subregulation (1) are complied with.

[Regulation 21 amended: Gazette 8 Dec 2009 p. 5000; 10 Jan 2017 p. 259.]

22. Improvement orders

(1) The Chief Health Officer or an authorised officer of the local government of the district in which an aquatic facility is located may give the operator of the facility an improvement order if satisfied that —

(a) the operator is not complying with regulation 19(1) or (2) to the extent to which the operator must comply with that provision; or

(b) the facility is a risk to the health of persons using the facility or the operation of it is likely to cause such a risk.

(2) An improvement order must be in the approved form and must specify, to the extent relevant —

(a) the operational requirements of the Code, or any variation in operational requirements approved by the Chief Health Officer, that are not being complied with; and

(b) the measures to be taken to comply with those requirements or to reduce the risk referred to in subregulation (1)(b); and

(3) An improvement order may include ancillary or incidental directions.

(4) If the operator of an aquatic facility is given an improvement order, the operator of the facility, or each operator if there is more than one, must ensure that the order is complied with.

(5) The time within which an order must be complied with may, before that time has expired, be extended by the Chief Health Officer or, in the case of an order given by an authorised officer, an authorised officer of the local government.

(6) If an improvement order is complied with, the Chief Health Officer or, in the case of an order given by an authorised officer, an authorised officer of the local government must note the date of compliance on the order or a copy of it and, if asked to do so by the operator of the facility, give a copy of the order as noted to the operator.

[Regulation 22 amended: Gazette 10 Jan 2017 p. 259 and 260.]

23. Closing facilities

(1) The Chief Health Officer or an authorised officer of the local government of the district in which an aquatic facility is located may give the operator of the facility a closure order in respect of the facility if satisfied that —

(a) the operator is not complying with regulation 19(1) or (2) to the extent to which the operator must comply with that provision and either —

(i) that the facility is a serious risk to the health of persons using the facility; or

(ii) the operation of it is likely to cause such a risk;

(b) the operator has failed to ensure that an improvement order given in respect of the facility is complied with.

(2) The Chief Health Officer may give the operator of an aquatic facility a closure order in respect of a water body at the facility if satisfied that the water body is not covered by one or more certificates of compliance.

(3) If an authorised officer gives a closure order, the local government must give the Chief Health Officer a copy of the order as soon as practicable, and in any event within 48 hours after it is given.

(4) If an authorised officer gives a closure order, the Chief Health Officer must —

(a) confirm the order (with or without amendment); or

(b) cancel the order,

and may do so orally and then in writing.

(5) If an order given by an authorised officer is not confirmed by the Chief Health Officer within 48 hours of it being given, it expires on the earlier of —

(a) the time at which it is cancelled by the Chief Health Officer; or

(b) the end of the 48 hour period after it is given.

(6) A closure order must be in the approved form and must specify, to the extent relevant —

(a) the grounds for giving the closure order; and

(b) the measures to be taken to comply with the requirements of the Code or any variation in operational requirements approved by the Chief Health Officer; and

(d) that the operator of the facility will commit an offence unless the operator ensures that the facility or water body (which ever is relevant) remains closed while the closure order is in force.

(7) The operator of an aquatic facility, or each operator if there is more than one, must ensure that the facility or water body (which ever is relevant) remains closed while a closure order is in force in respect of the facility or water body.

(8) A closure order given or confirmed by the Chief Health Officer remains in force until —

(a) the Chief Health Officer is satisfied that the grounds for giving the order have ceased or been remedied; and

(b) where relevant — the measures required to be taken have been taken; and

(c) the Chief Health Officer directs that the closure order cease to be in force (which may be given or confirmed in writing).

(9) The measures referred to in subregulation (8)(b) are those required to be taken by the closure order (if any) and the improvement order, if the closure order was issued, at least in part, because of a failure to comply with an improvement order.

[Regulation 23 amended: Gazette 10 Jan 2017 p. 259 and 260.]

Part 4 — General provisions

Division 1 — Hygiene and use of facilities

24. Certain persons not to enter or use water body

(1) A person must not enter or use, or attempt to enter or use, a water body of an aquatic facility if the person is —

(a) suffering from any gastrointestinal disease, skin infection or other disease that is communicable in an aquatic environment; or

(b) in an unclean condition; or

(d) under the apparent influence of alcohol, drugs or alcohol and drugs; or

(e) if the person is a baby or young child who ordinarily wears a nappy — not wearing an aqua‑nappy.

(2) Subregulation (1)(a) does not apply to a person who has a written statement by a medical practitioner to the effect that the person will not be a health hazard to other users of the water body.

25. Pollution of water bodies

A person must not —

(a) pollute, or deposit any rubbish or offensive matter in a water body of an aquatic facility; or

(b) intentionally release bodily material or waste into a water body, other than that which is released in the ordinary course of using the water body.

26. Animals not to enter aquatic facilities etc.

(1) A person must not permit any animal belonging to the person, or under his or her control, to enter or remain in an aquatic facility.

(2) This regulation does not apply to a person using —

(a) a guide dog; or

(b) a dog trained to assist the person in activities where hearing is required; or

(3) However, the person referred to in subregulation (2) must ensure that the animal does not enter a water body.

Division 2 — Miscellaneous provisions

27. Reasons for certain decisions

If the Chief Health Officer —

(a) refuses to grant an approval under regulation 9; or

(b) refuses to issue a certificate of compliance under regulation 15; or

the Chief Health Officer must give the reasons for so doing to the applicant.

[Regulation 27 amended: Gazette 10 Jan 2017 p. 259.]

28. Review of certain decisions

(1) A person listed in the Table to subregulation (2) as a person affected by a reviewable decision of the Chief Health Officer or of an authorised officer may apply to the State Administrative Tribunal for a review of the decision.

(2) The Table to this subregulation sets out each reviewable decision and the person affected by it.

Table

person affected	reviewable decision —<br>a decision of the Chief Health Officer
applicant	to refuse to grant an approval (to construct, alter or extend an aquatic facility) under regulation 9
applicant	to refuse to grant an approval (to construct, alter or extend an aquatic facility) in stages under regulation 9
applicant	to refuse to approve of a variation (in plans and specifications) under regulation 10
applicant	to refuse to issue a certificate of compliance under regulation 15
applicant	as to the class, or classes, of aquatic facility specified in a certificate of compliance under regulation 15
operator	to refuse to grant a permit (to operate an aquatic facility or water body) under regulation 18
operator	as to the class of aquatic facility specified in a permit to operate under regulation 18
operator	to refuse to approve a variation (in operational requirements) under regulation 20
local government	to refuse to grant an exemption (from the water sampling requirements) under regulation 21(4)
local government	to revoke an exemption (from the water sampling requirements) under regulation 21(5)
operator	to give the operator an improvement order under regulation 22
operator	as to the measures specified in an improvement order under regulation 22 or the time within which to comply with the order
operator	to refuse to extend the time within which to comply with an improvement order given under regulation 22
operator	to give the operator a closure order under regulation 23
operator	to confirm a closure order given by an authorised officer under regulation 23
operator	as to the measures specified in a closure order under regulation 23
operator	not to direct that a closure order given under regulation 23 cease to be in force
person affected	reviewable decision —<br>a decision of an authorised officer
operator	to give the operator an improvement order under regulation 22
operator	as to the measures specified in an improvement order given under regulation 22 or the time within which to comply with the order
operator	to refuse to extend the time within which to comply with an improvement order given under regulation 22
operator	to give the operator a closure order under regulation 23
operator	as to the measures specified in a closure order under regulation 23

[Regulation 28 amended: Gazette 10 Jan 2017 p. 258, 259 and 260.]

29. Informing local governments

(1) If the Chief Health Officer makes one of the decisions set out in subregulation (2), the Chief Health Officer must inform the local government of the district in which the aquatic facility is located of the making of the decision and, where relevant, give the local government a copy of the approval, certificate, permit, variation, exemption or order.

(2) The decisions are —

(a) a decision under regulation 9 to grant or refuse to grant an approval to construct, alter or extend an aquatic facility;

(b) a decision under regulation 10 to approve of a variation in plans and specification for an aquatic facility;

(d) a decision under regulation 18 to grant a permit to operate an aquatic facility;

(e) a decision under regulation 20 to approve a variation in operational requirements for an aquatic facility;

(f) a decision under regulation 22 to give an improvement order to the operator of an aquatic facility;

(g) a decision under regulation 22 to extend the time within which an improvement order given to the operator of an aquatic facility must be complied with;

(h) a decision under regulation 23 to give a closure order to the operator of an aquatic facility;

(i) a decision under regulation 23 to confirm or cancel a closure order given to the operator of an aquatic facility;

(j) a decision under regulation 23 to direct that a closure order given to the operator of an aquatic facility ceases to be in force.

[Regulation 29 amended: Gazette 10 Jan 2017 p. 259.]

30. Approved forms

An application, order or other document is in the approved form if —

(a) it is in the form approved in writing by the Chief Health Officer in relation to that kind of application, order or other document; and

(b) it contains the information that the form requires, and is accompanied by such further information or documents as the form requires.

[Regulation 30 amended: Gazette 10 Jan 2017 p. 259.]

31. Offences and penalties

A person who contravenes regulation 7, 12, 16, 19(1) or (2), 21(6), 22(4), 23(7), 24(1), 25 or 26(1) or (3) commits an offence against that provision.

Penalty:

(a) for a first offence against that provision — a fine of not more than $1 000 and not less than $100; and

(b) for a second offence against that provision — a fine of not more than $1 000 and not less than $200; and

(c) for a third or subsequent offence against that provision — a fine of not more than $1 000 and not less than $500; and

(d) if that offence is a continuing offence — a fine of not more than $100 and not less than $50 for each day or part of a day during which the offence continues.

32. Availability of the Code

The CEO must make copies of the Code available to the public by —

(a) publishing the Code on the Department’s internet website; and

(b) having copies available for inspection at the Department’s offices at 227 Stubbs Terrace, Shenton Park, Western Australia.

Part 5 — Transitional provisions

Division 1 — Preliminary

33. Terms used in this Part

In this Part —

commencement day means the day on which these regulations come into operation;

old regulations means the Health (Swimming Pools) Regulations 1964.

34. Repeal of old regulations

The Health (Swimming Pools) Regulations 1964 are repealed.

Division 2 — Existing facilities that are in use

35. Application of this Division

This Division applies to and in relation to an aquatic facility that was in use, to some extent, during the 12 months immediately prior to the commencement day.

36. Certificates of compliance and permits to operate

(1) The provisions of Part 2 Division 2 and Part 3 Division 1 do not apply to or in relation to the aquatic facility —

(a) if the facility was operated as if it were a Class 1 facility for the majority of the time that it was in use during the 12 months immediately prior to the commencement day — until the latter of —

(i) the end of the 6 month period commencing on commencement day; or

(ii) if the operator applied for a review of a decision of the Chief Health Officer under regulation 37 — the day on which the final decision of the State Administrative Tribunal is given;

(b) if paragraph (a) does not apply to the facility — until the latter of —

(i) the end of the 12 month period commencing on commencement day; or

(ii) if the operator applied for a review of a decision of the Chief Health Officer under regulation 37 — the day on which the final decision of the State Administrative Tribunal is given.

(2) If approval has been obtained under regulation 4 of the old regulations in respect of all of the aquatic facility, the Chief Health Officer may —

(a) issue a certificate of compliance for the facility specifying the class or classes of aquatic facility that the facility may be operated as; and

(b) grant the operator a permit to operate the facility specifying that the operator may operate the facility as an aquatic facility of the specified class.

(3) If approval has not been obtained under regulation 4 of the old regulations in respect of all of the aquatic facility, the Chief Health Officer may, if the facility complies with the requirements of the old regulations as in force immediately before commencement day —

(a) issue a certificate of compliance for the facility specifying the class or classes of aquatic facility that the facility may be operated as; and

(b) grant the operator a permit to operate the facility specifying that the operator may operate the facility as an aquatic facility of the specified class.

(4) For the purposes of subregulations (2)(a) and (3)(a), the Chief Health Officer may specify a class of aquatic facility that the facility may be operated as, if satisfied that the facility is constructed in a way that substantially complies with the requirements of the Code for that class of aquatic facility.

(5) For the purposes of subregulations (2)(b) and (3)(b), the Chief Health Officer is to specify the class that most closely approximates the use made of the facility for the majority of the time that it was in use during the 12 months immediately prior to the commencement day.

(6) A certificate of compliance issued or a permit to operate an aquatic facility granted under this regulation has effect as if it were issued under regulation 15 or granted under regulation 18 (which ever is relevant).

(7) The Chief Health Officer may not exercise a power in subregulation (2) or (3) after the day on which the provisions of Part 2 Division 2 and Part 3 Division 1 commence to apply to the facility under subregulation (1) unless otherwise directed by the State Administrative Tribunal or a court.

(8) If the Chief Health Officer has not made a decision to, or to refuse to, issue a certificate of compliance for the facility and grant the operator a permit to operate the facility within —

(a) if subregulation (1)(a) applies to the facility — the 5 month period commencing on commencement day; or

(b) if subregulation (1)(b) applies to the facility — the 11 month period commencing on commencement day,

the Chief Health Officer is to be taken, for the purposes of regulation 37, to have refused to issue the certificate and grant the permit.

[Regulation 36 amended: Gazette 10 Jan 2017 p. 259.]

37. Review of certain decisions made under this Division

The operator of an aquatic facility in respect of which the Chief Health Officer has made one of the following decisions under regulation 36 may apply to the State Administrative Tribunal for a review of the decision —

(a) a decision to refuse to issue a certificate of compliance for the facility;

(b) a decision to refuse to grant the operator a permit to operate the facility;

(c) a decision as to the class or classes of aquatic facility to be specified in the certificate of compliance for the facility;

(d) a decision as to the class of aquatic facility to be specified in the permit to operate the facility.

[Regulation 37 amended: Gazette 10 Jan 2017 p. 259‑60.]

38. Compliance with certain operational requirements of the Code

(1) Despite regulation 19(1), the operator of the aquatic facility need not comply, nor ensure compliance, with the operational requirements of the Code, other than those in sections 5, 6 and 7.

(2) Despite subregulation (1), the operator need not comply, nor ensure compliance, with the operational requirements of sections 5, 6 and 7 of the Code —

(b) if paragraph (a) does not apply to the facility — until the end of the 12 month period commencing on commencement day.

(3) While sections 5, 6 and 7 of the Code do not apply to the facility, regulations 4A(1), 8, 9(1), 10, 11, 12, 13, 14(2), (4), (5) and (6), 15, 16, 17, 18, 19 and 19A, and regulations 20 and 21 (to the extent necessary), of the old regulations continue to apply to the facility, despite the repeal of the old regulations.

(4) Despite regulation 19(2), the operator of the aquatic facility need not ensure that clauses 2.12, 2.22, 2.23, 2.24 and 2.25 of the Code are complied with for the facility until the end of the 24 month period commencing on commencement day.

(5) While clauses 2.12, 2.22, 2.23, 2.24 and 2.25 of the Code do not apply to the facility, regulations 7A(1)(a) and 14(1), and regulations 20 and 21 (to the extent necessary), of the old regulations continue to apply to the facility, despite the repeal of the old regulations.

39. Exemptions under the old regulations

(1) A exemption under regulation 6 or 7A of the old regulations that was in force immediately before the commencement day in relation to the aquatic facility continues in force under this regulation until revoked by the Chief Health Officer under this regulation.

(2) An exemption under regulation 13A or 14 of the old regulations that was in force immediately before the commencement day in relation to the aquatic facility continues in force under this regulation until the earlier of —

(a) the exemption being revoked by the Chief Health Officer under this regulation; or

(b) sections 5, 6 and 7 of the Code commencing to apply to the facility.

(3) An exemption in relation to the facility under regulation 14(4) of the old regulations in its continued application under regulation 38(3) continues in force until the earlier of —

(a) the exemption being revoked by the Chief Health Officer; or

(b) sections 5, 6 and 7 of the Code commencing to apply to the facility.

(4) An exemption that has effect under this regulation has effect according to its terms.

(5) To the extent to which an exemption that has effect under this regulation is inconsistent with these regulations or the Code, the exemption prevails.

[Regulation 39 amended: Gazette 10 Jan 2017 p. 259‑60.]

Division 3 — Other matters under the old regulations

40. Notices under regulation 3 of the old regulations

(1) This regulation applies to a notice given under regulation 3 of the old regulations in respect of a swimming pool if no approval has been obtained under regulation 4 of the old regulations in relation to the swimming pool.

(2) The notice has effect as if it were an application under regulation 8.

(3) This regulation does not prevent the Chief Health Officer from requesting further information in relation to the application.

[Regulation 40 amended: Gazette 10 Jan 2017 p. 259‑60.]

41. Approvals under regulation 4 of the old regulations

(1) This regulation applies to an approval under regulation 4 of the old regulations in relation to a swimming pool if —

(a) some construction, alteration or extension of the swimming pool under the approval has taken place in the 12 months immediately prior to the commencement day; and

(b) the pool constructed or being constructed, the alteration or the extension has not been used before the commencement day.

(2) The approval has effect as if it were an approval granted under regulation 9.

(3) The Chief Health Officer may specify a class of aquatic facility that the facility or a water body of it may be operated as in a certificate issued under regulation 15 in reliance upon the approval referred to in this regulation, if satisfied that the facility or the water body is constructed in a way that substantially complies with the requirements of the Code for that class of aquatic facility.

[Regulation 41 amended: Gazette 10 Jan 2017 p. 259‑60.]

42. Closure notices

A notice under regulation 4A of the old regulations that was in force immediately before the commencement day or a notice under that regulation in its continued application under regulation 38(3) —

(a) has effect as if it were a closure order issued by the Chief Health Officer under regulation 23; and

(b) as such, has effect according to its terms, which, to the extent of any inconsistency, prevail over regulation 23.

[Regulation 42 amended: Gazette 10 Jan 2017 p. 259‑60.]

View image in the official source

Notes

This is a compilation of the Health (Aquatic Facilities) Regulations 2007 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Health (Aquatic Facilities) Regulations 2007	28 Sep 2007 p. 4889‑923	r. 1 and 2: 28 Sep 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2007 (see r. 2(b)(i))
Health (Aquatic Facilities) Amendment Regulations 2009	8 Dec 2009 p. 4998-5000	r. 1 and 2: 8 Dec 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Dec 2009 (see r. 2(b))
Health Regulations Amendment (Public Health) Regulations 2016 Pt.9	10 Jan 2017 p. 237‑308	24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165)
Health (Aquatic Facilities) Amendment Regulations 2021	SL 2021/72 18 Jun 2021	r. 1 and 2: 18 Jun 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jun 2021 (see r. 2(b) and SL 2021/69 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

alter 4(1)

approved form 4(1), 30

aquatic facility 4(1), 5(1)

class 4(1)

Code 4(1)

commencement day 33

dwelling unit 4(1)

improvement order 4(1)

old regulations 33

operational requirement 4(1)

operator 4(1)

original approval 10(1)

residential lot 4(1)

water body 4(1)

Western Australia

Health (Miscellaneous Provisions) Act 1911

Health (Aquatic Facilities) Regulations 2007

Western Australia

Health (Aquatic Facilities) Regulations 2007

Contents

Part 1 — Introduction

Citation 1
Commencement 1
Regulations to operate as local laws 1
Terms used in these regulations 1
Aquatic facilities 3
Adoption of Code and relationship to these regulations 5

Part 2 — Construction, alteration and extension of aquatic facilities

Division 1 — Approval of construction, alteration and extension of aquatic facilities

Approval required to construct, alter or extend an aquatic facility 6
Applying for approval to construct, alter or extend an aquatic facility 6
Approval of construction, alteration or extension of an aquatic facility 7
Approval of construction etc. — variations after approval granted 7
Approval of construction etc. — staged construction 8

Division 2 — Certificate of compliance

Certificate of compliance required to operate an aquatic facility 8
Certificate of compliance 9
Applying for a certificate of compliance 9
Issue of certificate of compliance 9

Part 3 — Operation of aquatic facilities

Division 1 — Permit to operate an aquatic facility

Permit required to operate an aquatic facility 11
Applying for a permit to operate 11
Permit to operate an aquatic facility 11

Division 2 — Operation of aquatic facilities

Operation of aquatic facilities 12
Variation in operational requirements 12

Division 3 — Quality control

Water sampling 13

This regime is built around a small set of cross‑referenced statutory concepts and decision nodes. The principal concepts with their regulatory import are:

Aquatic facility and water body. The phrase “aquatic facility” covers the whole operational complex connected with a water body, including plant, concourse, change rooms, fencing and associated structures (reg 5(1)). The term “water body” is used for the discrete aquatic amenity (reg 4(1), reg 5(1)). Treatment of parts versus whole is significant: certificates may cover the facility or a part (reg 12-15), and closure orders can be given in respect of entire facilities or discrete water bodies (reg 23(2)).
Class. Facilities are operated according to classes (Class 1 is highest) determined by the Code; certificates must specify the class or classes the facility may be operated as (reg 4(1) defn; reg 13(1)). Permits to operate are given in respect of a class and an operator may only operate a facility as a given class if the operator (or one of the operators) holds a permit for that class or a higher class (reg 16(1)).
Code and operational requirements. The Code, published by the Chief Health Officer, contains both design/construction requirements and operational requirements. The regulations adopt the Code to the extent they apply it (reg 6(1)) and distinguish “operational requirements” (ongoing operation) from design/construction requirements (reg 4(1) defs; reg 19(1)). Operators must comply with operational requirements of the Code unless a variation has been approved (reg 19). Certain Code clauses are singled out for mandatory compliance (reg 19(2) lists clauses 2.12, 2.22-2.25).
Approval, certificate and permit chain. There is a sequential chain of permissions: approval to construct/alter/extend is required before construction (reg 7-11); a certificate of compliance is required for the facility to be operated (reg 12-15); and an operator requires a permit to operate the facility at a particular class (reg 16-18). The CHO may issue a certificate where construction complied with an approval, or in respect of facilities without prior approvals if they comply with the Code (reg 15(1)-(3)). Multiple certificates may exist and are read together, with later ones prevailing (reg 13(2)-(3)).
Chief Health Officer discretion and local government operational role. The CHO is the primary decision‑maker for approvals, certificates, permits, variations, exemptions and confirmation or cancellation of closure orders (regs 9, 10, 11, 13, 15, 18, 20, 21(3)-(6), 22, 23(4)). Local governments are given a statutory task to conduct monthly water sampling via authorised officers (reg 21(1)), to issue improvement and closure orders (subject to CHO confirmation for closure orders given by authorised officers) (regs 22, 23), and are to be informed of CHO decisions (reg 29).
Enforcement instruments. Improvement orders (reg 22) require identification of the operational Code requirements not complied with, measures to be taken and time to comply; they may include ancillary directions and extension of time. Closure orders (reg 23) may be issued in more serious cases including unremedied failure to comply with an improvement order; closure orders remain until the CHO is satisfied they can cease.
Sampling and laboratory standards. Sampling rules are prescriptive: two samples (bacteria and amoeba) from each water body at least monthly, samples to be sent to a CHO‑approved laboratory, and to be collected/stored/transported per that laboratory’s requirements (reg 21(1)). The CHO may approve a laboratory if it is NATA accredited (reg 21(2)).
Transitional concepts. The regulations provide elaborate transitional arrangements preserving some rights and requirements from the repealed Health (Swimming Pools) Regulations 1964, including recognition of prior approvals, phased timing for when the Code’s sections 5-7 apply, and continuation of certain old exemptions until revoked or the new Code applies (Part 5, regs 33-42). These transitional rules create temporal exceptions and carryover of prior instruments as if they were new ones in some circumstances (regs 36-42).
Review rights and procedural protections. The CHO must provide reasons for refusals of approvals, certificates and permits (reg 27). A specific list of decisions is reviewable to the State Administrative Tribunal and the list identifies who is “a person affected” (reg 28 and Table). Approved forms are required for applications and orders (reg 30).

These concepts are interlocking: construction approvals are judged against the Code, the Code in turn sets operational standards that determine whether a permit can be granted, sampling and laboratory processes produce the evidence base for enforcement, and the CHO holds substantial discretion to vary requirements, grant exemptions and confirm enforcement steps. Where multiple certificates or prior approvals exist, rules for reading them together (reg 13(2)) and consolidating them (reg 13(3)) determine the operative permissions.

The regulations allocate duties and decision rights across a defined set of actors and change behaviour by attaching obligations and potential penalties to those actors. The principal affected parties are:

Operators and occupiers. The term “operator” is defined to include the occupier of the land on which the facility is located and any person concerned with the operation other than as an employee (reg 4(1) definition). Operators bear primary responsibilities: obtaining certificates of compliance (reg 12-15), applying for and holding permits to operate for the class intended (reg 16-18), operating in accordance with the Code’s operational requirements (reg 19), ensuring compliance with improvement and closure orders (regs 22(4), 23(7)) and, where applicable, ensuring water sampling if a local government exemption is granted (reg 21(4), (6)). Operators will also face offences and fines for specified contraventions (reg 31).
Builders, designers and applicants for construction approvals. The occupier of the land or premises must apply for approval to construct, alter or extend (reg 8). Applicants must supply detailed plans and specifications, block plans showing facility relationships with amenities and surrounds, and other relevant information (reg 8(3)(a)-(c)). The CHO may grant or vary approvals, including staged approvals (regs 9-11), so applicants must prepare to have designs assessed against the Code and potential CHO discretion under reg 9(2).
Local governments and authorised officers. Local governments have a statutory duty to ensure monthly sampling of each water body in their district by an authorised officer or person under an authorised officer’s direction, and to submit samples to a CHO‑approved laboratory, following laboratory requirements (reg 21(1)). Local government authorised officers may give improvement orders and closure orders (regs 22(1), 23(1)); if they give a closure order it must be provided to the CHO within 48 hours and the CHO confirms, cancels or lets it lapse (reg 23(3)-(5)). Local governments are also to be informed by the CHO of certain decisions (reg 29).
The Chief Health Officer. The CHO is the central regulator with powers to approve construction (reg 9), vary plans (reg 10), issue certificates (reg 15), grant permits (reg 18), approve variations to operational requirements (reg 20), approve laboratories (reg 21(2)), grant and revoke exemptions (reg 5(3), 21(3)-(5)), and to issue, confirm or cancel improvement and closure orders in certain circumstances (regs 22, 23). The CHO must provide reasons for refusals in certain contexts (reg 27) and must make the Code available publicly (reg 32).
Facility users. Users are subject to hygiene rules: persons with communicable diseases, visibly unclean people, those wearing unclean clothes, or those apparently under the influence may not use water bodies (reg 24). Animals are prohibited from entering facilities, subject to specified assistance animal exceptions (reg 26).
Laboratories. Laboratories are the receiving end of required microbiological testing. The CHO may approve laboratories (reg 21(2)), with NATA accreditation as a condition the CHO may rely on. Laboratories set sample handling requirements which local government must follow (reg 21(1)(c)).
Owners and managers of strata and community title schemes. The regulations expressly exclude some aquatic facilities controlled by strata companies or community corporations where the scheme has fewer than 30 lots and access is limited to owners/occupiers and their guests (reg 5(2)(a), (aa), (ab)). For larger schemes or different access rules the facility will be captured by the regulations and the owners or managing corporation will fall into the “operator” obligations.
Persons seeking review. Applicants, operators and local governments are identified in the review Table as the classes of persons who may apply to the State Administrative Tribunal against specific CHO or authorised officer decisions (reg 28). The Table lists precisely the decisions and the affected persons.

Who pays and who decides. Operators and occupiers will typically bear the direct costs of design, construction compliance, certificates and permits, staff qualification requirements (reg 18(1)(c)), any remedial works ordered by improvement orders, and costs associated with sampling where the CHO grants an exemption allowing operators to take on that burden (reg 21(4)-(6)). Local governments incur sampling and administrative costs unless an exemption transfers sampling duties to operators. The CHO makes the key regulatory decisions, with authorised local government officers exercising delegated enforcement power for orders and sampling execution (regs 9, 15, 18, 20-23, 21).

Behavioural changes required. Entities may alter capital design choices to satisfy the Code and secure approvals (reg 8-9), change staffing and training to meet permit criteria (reg 18(1)(c)), adopt new operational regimes to meet Code clauses and any CHO variations (reg 19-20), and institute routine hygiene controls and signage to manage user behaviour (reg 24-26). Local governments will need procedures for sampling, laboratory liaison, and rapid escalation to the CHO in the event of closures (reg 21, 23). Transitional rules provide temporary relief for existing facilities but require planning for eventual full compliance (Part 5).

The regulations set out affirmative duties, discretionary powers and procedural rights. Below are the principal concrete duties and the statutory rights or protections that accompany them, with direct references to the regulations.

Duties

Obtain CHO approval for construction, alteration or extension. A person must not carry out those activities except in accordance with a CHO approval under Part 2 Division 1 (reg 7). Applications must include two copies of plans/specifications and a block plan among other required information (reg 8(3)(a)-(c)).
Hold a certificate of compliance to operate. No person may operate a facility unless there is in force a certificate of compliance that covers the whole facility (reg 12).
Hold a permit to operate for class. Operators must hold a permit to operate their facility, or one of the operators must hold it, for the class the facility is operated as (reg 16(1)). The permit is not required where the person operates only as an employee (reg 16(2)).
Operate in accordance with the Code’s operational requirements. Operators must operate, or ensure operation, in accordance with the Code’s operational requirements except where the CHO has approved a variation (reg 19(1)). Additionally, certain clauses of the Code (clauses 2.12 and 2.22-2.25) must be complied with (reg 19(2)).
Ensure staff qualifications. A permit to operate may only be granted if staff with qualifications required by the Code for that class are engaged (reg 18(1)(c)).
Assist sampling or ensure sampling if exempted. Local governments must ensure monthly sampling and laboratory analysis (reg 21(1)). The CHO can exempt a local government if the operator can ensure the sampling (reg 21(3)-(6)), in which case the operator must ensure samples are taken as required.
Comply with improvement and closure orders. Operators must comply with improvement orders (reg 22(4)) and must ensure facilities remain closed while closure orders are in force (reg 23(7)).
Use approved forms and provide information. Applications, orders and other documents must be in the form approved in writing by the CHO and must contain the information the approved form requires (reg 30).

Rights and procedural protections

CHO discretion subject to stated criteria. The CHO may grant approvals even where parts of the proposal do not strictly comply with the Code if satisfied health and safety will not be compromised and that function/performance is equivalent or there is a public interest (reg 9(2)). The CHO may also approve variations after approval granted (reg 10) and staged approvals (reg 11). For operational variations the CHO may approve where the variation provides equal or acceptable health protection or there is a public interest (reg 20(1)).
Reasons for refusals. If the CHO refuses an approval under reg 9, refuses to issue a certificate under reg 15, or refuses to grant a permit under reg 18, the CHO must give reasons to the applicant (reg 27).
Review rights to State Administrative Tribunal. A specified list of decisions is reviewable to the State Administrative Tribunal , applicants, operators and local governments are identified as persons who may apply depending on the decision type (reg 28, Table). The Table enumerates each reviewable decision and the person affected. Transitional decisions under Part 5 have separate review rights to SAT (reg 37).
Consolidation and precedence of certificates. Where multiple certificates of compliance exist for parts of a facility, they are read together and later certificates prevail over earlier ones in case of inconsistency (reg 13(2)). The CHO may issue a consolidated certificate (reg 13(3)).
Exemption and revocation processes. The CHO may grant and revoke exemptions (reg 5(3); reg 21(3)-(5)). Exemptions under old regulations are preserved until revoked, and where inconsistent they may prevail (reg 39(1)-(5)).
Non‑transferability protection and clarity. A permit to operate is not transferable, which fixes the permit holder and avoids inadvertent transfer of regulatory obligations through sale or assignment unless a fresh permit is sought (reg 18(2)).
Timebound deemed refusal for transitional facilities. Under transitional reg 36(8), if the CHO does not decide to issue a certificate and grant a permit within specified months after the commencement day, the CHO is taken to have refused, creating a review trigger (reg 36(8)).

Practical consequences of these duties and rights. The cooperative duties , CHO assessment, local government sampling, operator compliance , allocate technical standards and enforcement to public authorities while obliging operators to fund and implement operational controls, training and remedial works. The statutory rights of review and the requirement for reasons on refusal provide procedural channels for challenge, and the CHO’s discretion is tethered to health and safety and public interest tests in several places (regs 9(2), 20(1), 21(4)).

The regulations supply a targeted enforcement architecture attaching both administrative instruments and criminal penalties to non‑compliance. The main mechanisms and penalty structure are set out below with precise statutory references.

Enforcement mechanisms

Improvement orders. The CHO or an authorised officer may give an improvement order where an operator is not complying with operational requirements of the Code or the facility is a risk to health (reg 22(1)). An improvement order must identify the operative Code requirements or approved variations not complied with, specify measures to be taken, and state a time within which compliance must occur (reg 22(2)). It may include ancillary directions and the time for compliance may be extended by the CHO or local government authorised officer (reg 22(3), (5)).
Closure orders. The CHO or an authorised local government officer may issue closure orders if non‑compliance is a serious risk to health or if an improvement order has not been complied with (reg 23(1)). The CHO may also issue a closure order for a water body not covered by certificate(s) of compliance (reg 23(2)). Closure orders must state grounds, measures to be taken to comply with the Code, measures to reduce risk, and that remaining open while the order is in force is an offence (reg 23(6)). Operators must keep the facility or water body closed for the term of the order (reg 23(7)).
Confirmation and time limits for authorised officer closure orders. If an authorised officer issues a closure order, the local government must provide a copy to the CHO within 48 hours (reg 23(3)). The CHO must confirm, cancel or otherwise deal with it; if the CHO does not confirm within 48 hours the authorised officer’s order expires at the earlier of cancellation or the end of the 48‑hour period (reg 23(4)-(5)). Orders given or confirmed by the CHO remain in force until the CHO is satisfied grounds have ceased or remedied (reg 23(8)).
Sampling and laboratory evidence. Local governments must collect two samples (bacteria and amoeba) monthly and send them to a CHO‑approved laboratory for analysis (reg 21(1)). The laboratory’s requirements govern collection, storage and transport (reg 21(1)(b)-(c)). This creates a statutory evidence stream used to assess compliance and health risk.
Review and administrative safeguards. Specified decisions are reviewable to the State Administrative Tribunal (reg 28), and the CHO must provide reasons for refusals in some instances (reg 27). These procedural steps provide operators and applicants an administrative remedy before or alongside enforcement.

Penalties

Offence list. The regulations identify contraventions that attract criminal liability: contravening regulation 7 (no approval for construction, alteration or extension), 12 (operate without certificate), 16 (operate without permit where applicable), 19(1) or (2) (failure to operate in accordance with Code requirements or specified clauses), 21(6) (failure to ensure sampling where CHO exemption granted), 22(4) (failure to comply with improvement order), 23(7) (failure to keep facility closed while a closure order is in force), 24(1) (certain persons not to enter or use a water body), 25 (pollution of water bodies), and 26(1) or (3) (animals not to enter aquatic facilities) (reg 31 first paragraph).
Fines. The penalty table prescribes minima and maxima by offence count:
- First offence: fine not more than $1,000 and not less than $100.
- Second offence: fine not more than $1,000 and not less than $200.
- Third or subsequent offence: fine not more than $1,000 and not less than $500.
- Continuing offence: fine for each day or part of a day during which the offence continues, not more than $100 and not less than $50 (reg 31).

Practical enforcement dynamics

Administrative remedies are front‑loaded. Improvement and closure orders are the primary tools to remedy non‑compliance before prosecuting. The CHO and authorised officers can both issue improvement orders; closure orders are available where the risk is more serious or improvement orders have been ignored (regs 22-23).
Rapid closure via authorised officers with CHO oversight. The authorised officer can immediately close facilities but that step requires rapid CHO engagement (CH0 confirmation within 48 hours) to remain effective beyond that window. This channel allows on‑the‑spot action for urgent risks with central oversight to ensure consistency (reg 23(3)-(5)).
Penalty ceiling and structure. The maximum fine is $1,000 per contravention irrespective of the minimum tier, with higher minimums for repeat offences. Continuing offences have a daily penalty attaching until remedied. The monetary caps and graduated minimums focus enforcement on compliance rather than large punitive fines.
Evidence and sampling role. Monthly sampling and NATA‑approved laboratories generate the microbiological data used by CHO and local governments to determine compliance and health risk (reg 21). Compliance depends not only on operational paperwork but on demonstrable water quality results.
Procedural checks. Reasons for refusals (reg 27) and rights to SAT review (reg 28) create administrative checks on CHO discretion. Transitional deemed‑refusal rules (reg 36(8)) may create an administrative path to review where the CHO fails to act.

Together, the enforcement regime mixes immediate operational levers (closure, improvement) with a defined offence schedule and administrative review mechanisms. The CHO has centralised authority over major decisions and confirmations, while local governments provide sampling infrastructure and front‑line enforcement.

The regulations are expressly designed to sit in a statutory ecosystem and contain cross‑references, precedence rules and transitional carry‑overs that define their interaction with other statutory instruments.

Relationship with the Health (Miscellaneous Provisions) Act 1911 and local laws

Local law operation. The regulations are to operate as if they were local laws under the Health (Miscellaneous Provisions) Act 1911 for all districts (reg 3). This statutory choice integrates the regulations into the local regulatory matrix and gives local governments law‑enforcement duties such as sampling and authorised officer actions (reg 21).
CHO code‑making power under the Act. The Code is the instrument published by the Chief Health Officer under the Act (reg 4(1) definition of Code). The Code’s legal force in practice depends on the way the regulations adopt and apply it (reg 6(1)). The regulations expressly state they prevail over the Code to the extent of any inconsistency (reg 6(2)).

Interaction with strata and community titles legislation

Definitions pulled from strata/community titles law. The regulations import the meanings of terms from the Strata Titles Act 1985 and the Community Titles Act 2018 where relevant (reg 5(1A) and (1B)). This cross‑reference ensures consistent treatment of terms like “dwelling unit” and makes the exclusions for small schemes work with the property‑law definitions (reg 5(2)(a), (aa), (ab), (ba)).

Interaction with the repealed Health (Swimming Pools) Regulations 1964

Transitional continuation of selected old provisions. The old regulations are repealed (reg 34) but the regulations provide detailed transitional provisions which preserve certain regulatory effects from the old regime: where facilities were in use the year before commencement, transitional timelines delay applicability of certificates and permits (reg 36) and certain operational Code sections are phased in (reg 38). The transitional regs expressly continue particular old regulations for existing facilities until specified dates or events (reg 38(3) and (5), reg 39).
Old approvals and notices continue in certain circumstances. Notices and approvals under the old regulations have continuing effect treated as applications or approvals under the new regime (regs 40-41). Closure notices under the old regime are treated as closure orders under the new regime and to the extent of any inconsistency they prevail over reg 23 (reg 42).

Procedural law and administrative review

Rights to review under State Administrative Tribunal framework. The regulations grant review rights to the State Administrative Tribunal (reg 28 and Table), aligning administrative decision review with the State Administrative Tribunal Act and processes. The text of the regulations presumes the SAT’s jurisdiction for specified CHO and authorised officer decisions.

Standards and national accreditation

Laboratory accreditation. The CHO may approve a laboratory if it is accredited by NATA (reg 21(2)). This links the sampling and testing regime to national laboratory accreditation standards and external standard‑setting institutions.

Interplay between Code and regulations

The Code is incorporated by reference for both design and operational standards, but the regulations control how and when the Code applies, allow CHO variations, and state that inconsistent regulations prevail (reg 6). That structure enables a single technical Code to be updated by the CHO while statutory guardrails govern when and how the Code’s requirements are enforceable.

Practical cross‑statutory consequences

Local government responsibilities (sampling and authorised officers) now derive directly from the regulations operating as local laws (reg 3 and reg 21), creating obligations on local bodies that interact with other local government functions.
Property law exclusions: small strata/community facilities may be outside these regulations depending on strata/community scheme size and access rules (reg 5(2)), so owners corporations and community corporations must check property statute definitions to determine capture.
Transitional interactions create temporal legal complexity: some facilities will continue to be governed by old regulation provisions for certain matters until the new Code phases in (reg 38), and old exemptions may continue to prevail where inconsistent until revoked (reg 39(5)).

In short, the regulatory instrument sits atop the Health Act framework, borrows definitions from property statutes, uses the State Administrative Tribunal review pathway, ties laboratory standards to NATA accreditation, and phases in commitments through transitional rules that preserve prior regulatory instruments in specific circumstances.

The statutory text provides a clear compilation record of enactment and amendments. The key dated events and the parts of the regulations identified in the instrument are:

Original instrument. The Health (Aquatic Facilities) Regulations 2007 were published 28 September 2007 and, except for regs 1 and 2 which commenced on publication day, the remainder of the regulations commenced on 1 October 2007 (see the compilation table and regs 1-2).
Health (Aquatic Facilities) Amendment Regulations 2009. The instrument identifies an amendment via Gazette 8 December 2009 p. 4998-5000 with commencement details: regs 1 and 2 on 8 December 2009 and other regulations from 9 December 2009 (compilation table entry for 2009). Several regulation footnotes in the body show amendments marked “Gazette 8 Dec 2009” (for example reg 4 and reg 5 footnotes).
Health Regulations Amendment (Public Health) Regulations 2016 Pt. 9. This amendment is recorded as published 10 January 2017 p. 237-308 and commenced 24 January 2017 (compilation table). Many reg footnotes refer to Gazette 10 Jan 2017; those footnotes denote where the 2016 public health amendment made changes to the aquatic facilities regulations. The footnotes attached to multiple regulations (for example regs 4, 5, 9, 10, 11, 13-15, 16-21, 22-23, 27-29, 30-31, 36-41, 42) indicate the 2017 Gazette updated these provisions.
Health (Aquatic Facilities) Amendment Regulations 2021. The compilation table records SL 2021/72 on 18 June 2021 with the rest commencing 30 June 2021 (see table). Several regulations' opening notes include “SL 2021/72 r. 4” to indicate the 2021 instrument modified those provisions; notably reg 5 includes that SL 2021/72 reference.

Footnote and marginal annotation indicators across the body show which individual regulations were formally amended in 2009, 2017 and 2021. The instrument’s compilation table is authoritative for the record of amendments and commencement dates.

What the amendment history conveys in operational terms

Periodic updates. The presence of multiple amendment rounds (2009, 2016/2017 and 2021) indicates that the regulations have been periodically updated since the original 2007 enactment. The text does not include the content of each amendment beyond the marginal notes, so specific substance of changes is to be taken from the version of the regulations in force.
Ongoing Code updates. The Code is defined as the version published on 1 June 2007 “as amended by the Chief Health Officer from time to time” and any future code that replaces it (reg 4(1) Code definition). This allows the CHO to update technical standards without primary‑legislative amendment, while the regulations retain statutory primacy in case of inconsistency (reg 6).
Transitional updates. The 2017 and 2021 amendments likely adjusted the regulatory interface with other health regulations and updated cross‑references (the 2016/2017 amendment is titled Public Health Regulations amendments). The compilation table lists those formal amendment events; the marginal notes attached to numerous regulations identify the regs amended by these instruments.

For practitioners, the compilation table and the regulation footnotes are the starting point for tracing legislative changes and their effective dates (see the compilation table at the end of the instrument). Where historical compliance status or transitional rights are relevant, reg 36-42 set out the transitional rules and should be read against the dates in the compilation table.

The text of the Health (Aquatic Facilities) Regulations 2007 provided here contains no judicial decisions, reported cases or litigation outcomes. It does, however, build into its procedures express administrative review avenues:

State Administrative Tribunal review. A prescribed list of decisions by the Chief Health Officer and authorised officers is reviewable to the State Administrative Tribunal by persons identified as “persons affected” in the Table in reg 28. The Table specifies which CHO or authorised officer decisions are reviewable and who may apply.
Transitional deemed refusals. For facilities in the transitional category, reg 36(8) provides that if the CHO does not decide within defined timeframes, the CHO is taken to have refused, which creates a statutory trigger for review under reg 37. That procedural mechanism is designed to give facilities a path to administrative review where the CHO fails to act.

Because the instrument itself does not cite any cases or judicial interpretations, there is no embedded litigation history to summarise. Practitioners looking for judicial treatment of these regulations will need to search court and tribunal databases; the regulations specify the SAT as the statutory review body for many decisions, so SAT decisions concerning these regulations would be the first source of case law to consult. The regulations’ provisions on reasons for refusal (reg 27), reviewability (reg 28) and transitional deemed refusals (reg 36(8)) are the statutory hooks most likely to generate litigation or tribunal review.

Several practical traps and non‑obvious consequences arise from the text, important for operators, owners corporations, local governments and advisers to bear in mind. The following points are drawn straight from the regulations.

Operator definition and permit obligations (reg 4(1), reg 16(1)-(2))

The statutory definition of “operator” includes the occupier and any person concerned with operation other than employees. That means ownership, management contracts, body corporate delegations or outsourced operators may all be “operators” and therefore responsible for permits, compliance with improvement/closure orders and offences (reg 4(1)). By contrast, persons who operate only as employees are excepted from the permit requirement (reg 16(2)). Risk: parties may assume managers or contractors are mere employees when they are in fact “operators” under the definition.

Permit non‑transferability (reg 18(2))

Permits cannot be transferred. Sale or assignment of a facility does not automatically carry the permit. New owners or incoming operators must apply afresh; failing to do so exposes them to the offence in reg 16 and the fines in reg 31.

Multiple certificates and precedence (reg 13(2)-(3))

If different certificates cover parts of a facility, they are read together and later certificates prevail in conflict. The CHO may issue a consolidation certificate. Practitioners must check the timing and content of all certificates to understand permissible operations.

CHO variation powers with broad public interest and performance tests (reg 9(2), reg 20(1)(a)-(b))

The CHO can approve construction or operational variations even where the Code is not strictly met if the CHO is satisfied health and safety are not compromised and the performance is equivalent or the public interest exists. This is a discretionary standard grounded in health risk and “public interest”, which introduces a case‑by‑case regulatory negotiation rather than an absolute technical compliance regime.

Local government sampling duty can be shifted by exemption, but operator then bears obligation and risk (reg 21(3)-(6))

While local governments are primarily responsible for monthly sampling, the CHO may exempt a local government on impracticability grounds and allow the operator to take on sampling duties. If the operator fails to ensure sampling, the CHO may revoke the exemption and an operator who fails to ensure sampling when exempted commits an offence under reg 31 (via reg 21(6)). This creates a transfer of cost but also of risk: operators accepting sampling responsibilities must meet laboratory handling requirements and ensure timely testing.

Authorised officer closure orders lapse unless confirmed quickly (reg 23(3)-(5))

An authorised officer may issue a closure order, but it must be forwarded to the CHO within 48 hours and the CHO must confirm, cancel or let it lapse. If the CHO does not confirm within 48 hours the order expires. This timing demands procedural speed for local governments to ensure a closure remains effective beyond the immediate period. Failure to comply with the forwarding requirement could make the closure unenforceable.

Transitional complexity and phased application (Part 5, regs 35-39)

Facilities in use during the 12 months before commencement enjoy phased timelines for being brought under the new certificate/permit and operational requirements (reg 36 and reg 38). Certain Code sections and specified Code clauses are phased in over 6, 12 and 24 months depending on prior use patterns (reg 38). Old regulatory exemptions and approvals can continue to operate and may even prevail over inconsistent new regulations until revoked (reg 39(5)). Practitioners must map commencement dates, prior approvals and transitional deadlines to determine current obligations.

Offence structure emphasises minimum penalty progression with modest maximum (reg 31)

The maximum fine for the listed offences is $1,000, with prescribed minimums per offence number (first $100-$1,000 up to third and subsequent $500-$1,000). Continuing offences attract daily fines of $50-$100. This structure means repeat offending attracts larger minimum fines but the maximum per offence stays at $1,000. Advisers should consider the financial calculus of remediation versus prosecution in enforcement negotiations.

Code clauses singled out for mandatory compliance (reg 19(2))

Regardless of CHO variations, operators must ensure compliance with Code clauses 2.12 and 2.22-2.25. These clauses likely contain core operational safety obligations; they are non‑negotiable under reg 19(2). Practitioners must identify those clauses in the Code and ensure they are embedded in operational practice.

Exclusions depend on scheme size and access rules (reg 5(2)(a), (aa), (ab), (ba))

Exemptions for strata/community and residential complexes depend on numeric thresholds (fewer than 30 lots or fewer than 30 dwelling units) and restricted access (only owners/occupiers and their guests). Small changes in access rules (for example letting non‑residents use a facility) can move a facility into the full regulatory regime. Bodies corporate and community corporations must watch use rules carefully.

Laboratories must be CHO‑approved and the CHO may rely on NATA accreditation (reg 21(2))

Not all labs are automatically acceptable; operators and local governments must use CHO‑approved laboratories and follow their sample handling protocols. Where suitable local labs are scarce, this could create logistical bottlenecks, particularly for remote operators.

Approved forms and information requirements (reg 8(3), reg 14, reg 30)

Many applications and orders must be in an approved form and include specified supporting documents. Failure to use the approved form or provide required attachments can lead to delays or deemed refusals. Practitioners should obtain the current approved forms from the Department.

Taken together, these “gotchas” show that the regulatory regime is technical and administrative; failures often arise from procedural missteps (timing, forms, definitions) rather than only from substantive technical non‑compliance. Mapping the timelines, who bears sampling duties, and whether a facility sits within the exclusion thresholds are three high‑value compliance checks.

This section gives a practical compliance checklist and recommended procedures for operators, owners, managers and local governments to meet the regulatory requirements and to manage enforcement risk. All steps cite the specific regulation provisions.

Pre‑construction and design approvals

Confirm capture under the regulations. Check reg 5(1)-(3) definitions and exclusions. If the facility is a small strata/community facility (fewer than 30 lots/dwelling units and restricted access), it may be excluded (reg 5(2)(a), (aa), (ab), (ba)). If an exemption is required under reg 5(3), prepare an exemption submission addressing long‑term connection, health and safety and public interest.
Prepare the application materials. For construction, alteration or extension apply in the approved form and attach two copies of plans and specifications, a block plan showing position relative to toilets and change rooms and surrounding land uses, and any other detailed information the CHO would need to assess code compliance (reg 8(1)-(3); reg 30 on approved forms). Ensure plans address drainage, ventilation, lighting, water volume and filtration/treatment capacity where water bodies are constructed or extended (reg 8(3)(a)).
Design to the Code. Design and specification should comply with the Code as in force at time of application; where deviations are envisaged, build a CHO justification (health safety equivalence or public interest case) for reg 9(2) considerations. Where staged construction is intended, apply for staged approvals under reg 11 and link stages in a single approval package as contemplated by reg 11(2).

Certificates of compliance and permits to operate

Apply for certificate(s) of compliance once works conform to the approved plans or, if no approval existed, ensure compliance with the Code at the time of application (reg 15(1)-(3)). Use the approved form (reg 14(1)-(2)). For facilities that were in use prior to the commencement day consult Part 5 transitional rules (reg 36) to determine timelines and possible interim recognition of prior approvals.
Ensure staffing and water quality for permits. Before applying for a permit to operate, ensure water quality meets the Code when tested and that staff with the Code‑required qualifications are engaged (reg 18(1)(b)-(c)). Apply in the approved form for the permit (reg 17(1)-(2)). Remember permits are not transferable (reg 18(2)), so align organisational change plans accordingly.

Operational compliance and documentation

Adopt and document operational regimes to satisfy the Code. Implement operational processes and keep documentation demonstrating compliance with the Code’s operational requirements. Certain Code clauses (2.12, 2.22, 2.23, 2.24 and 2.25) must be complied with at all times (reg 19(2)). Maintain accessible records for audits or improvement order reviews.
Seek written variations where appropriate. If a change to operational practice is desired that deviates from the Code, seek a written variation from the CHO under reg 20. Variations must provide equal or better health protection or not compromise health and be in the public interest (reg 20(1)). Ensure the variation is documented in writing and that a copy is given to the person in charge of day‑to‑day operations as required by reg 20(2).

Monthly sampling and laboratory coordination

Coordinate sampling responsibilities with local government. By default, the local government must ensure collection of two monthly samples per water body and deliver them to a CHO‑approved laboratory (reg 21(1)). Confirm with the local government their processes, sample timing and the laboratory used. Ensure handover and chain‑of‑custody protocols align with the laboratory’s sample handling requirements (reg 21(1)(c)).
Apply for an exemption if local government sampling is impractical. If local government sampling is impractical, work with the local government to request a CHO exemption under reg 21(4). If the exemption is granted, the operator must ensure monthly sampling and compliance with laboratory requirements (reg 21(6)). Operators must be prepared for CHO revocation of exemptions if sampling is not performed to the CHO’s satisfaction (reg 21(5)).

Orders, closure events and rapid responses

Prepare compliance plans for improvement orders. Where an improvement order is issued under reg 22, it will specify operational requirements not complied with, measures to be taken and a time frame (reg 22(2)). Have standard operating procedures for rapid assessment and remediation to meet improvement orders within the time provided. Keep records of measures taken and request CHO or authorised officer extension if genuinely necessary (reg 22(5)).
Understand closure order mechanics and immediate actions. If a closure order is issued by an authorised officer, ensure the local government forwards it to the CHO within 48 hours (reg 23(3)). If a closure order is in force, do not re‑open until the CHO directs cessation of the order (reg 23(7)-(8)). Have contingency plans to communicate closure to patrons and manage refund, safety and communication obligations.

Hygiene, user management and animals

Implement user screening and signage. Enforce the prohibitions in reg 24 and 25: do not permit persons with communicable diseases, visibly unclean persons, persons wearing unclean clothes, persons under apparent influence, or babies without aqua‑nappies to use water bodies (reg 24(1)). Post signage and provide staff training for exclusion procedures. Ensure animal exclusion rules are communicated (reg 26), with exceptions for assistance animals and controls to prevent them entering water bodies (reg 26(2)-(3)).

Forms, record‑keeping and administrative safeguards

Use approved forms and keep comprehensive records. All applications, orders and other required documents must use CHO‑approved forms and contain the information the form requires (reg 30). Keep copies of approvals, certificates and permits on site and provide them to local authorities on request. Keeping an organised file assists in responding to improvement orders, closure orders and SAT reviews.
Monitor Code updates and CHO directions. The Code is subject to amendment by the CHO; keep track of the current Code version in force and any CHO‑issued variations or exemptions relevant to your facility (reg 4(1) definition and reg 6(1)-(2)). The Department must publish the Code and make it available (reg 32), so regularly consult the Department’s resources.

Review rights and timelines

If refused, seek written reasons and consider SAT review. If the CHO refuses an approval, certificate or permit, it must provide reasons (reg 27). Check whether the decision is reviewable under reg 28 table. For transitional facilities, note the deemed refusal provision if the CHO fails to decide within set months (reg 36(8)) and use reg 37 to seek SAT review where appropriate.

Practical checklist summary

Before construction: confirm capture, prepare plans to meet the Code, apply in approved form (regs 5, 8, 30, 6).
Before operation: obtain certificate(s) of compliance (reg 12-15), ensure water quality and staff qualifications for permit (reg 18).
Ongoing: operate under Code operational requirements, conduct or arrange monthly sampling per reg 21, maintain records, comply with improvement/closure orders (regs 19, 21, 22, 23).
Administrative: use approved forms, retain copies of approvals/certificates/permits, monitor CHO variations and Code updates, and be prepared to seek SAT review where the statute permits (regs 27-28, 30, 32).

Following these steps will align operations with the statutory structure the regulations impose, reduce enforcement risk, and create an evidentiary trail to respond to improvement orders, closure orders and administrative reviews.

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