Schedule Sch 2 - Plumbers Licensing and Plumbing Standards Regulations 2000 - has effect with respect to the constitution and proceedings of the Board. | Zoe
Schedule 2 has effect with respect to the constitution and proceedings of the Board.
Part 3 — Licences and permits
[Heading inserted: Gazette 7 Oct 2005 p. 4511.]
9. When licence or permit is required
(1) A person must not carry out plumbing work of any kind or in any circumstances except in accordance with a licence or permit that authorises the person to carry out plumbing work of that kind or in those circumstances.
(2) Subregulation (1) does not apply to an apprentice or pre‑apprentice who carries out plumbing work under the supervision of —
(a) a licensed plumbing contractor for whom the work is contractor‑level work; or
(b) either of the following persons working under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work —
(i) a licensed plumbing contractor for whom the work is trade‑level work;
(ii) a tradesperson for whom the work is trade‑level work.
(3) Subregulation (1) does not apply to an authorised worker who carries out permitted work in accordance with Part 4A.
(4) Subregulation (1) does not apply to an owner or occupier of a dwelling, or a person acting without remuneration on behalf of the owner or occupier, who carries out any of the following plumbing work in relation to the dwelling —
(a) maintenance, repair or replacement of a shower head;
(b) maintenance or repair of a tap, other than a thermostatic mixing tap;
(c) replacement of a cistern washer;
(d) replacement of a water filter cartridge;
(e) clearance of a blocked toilet, shower, basin, trough, sink, bath or waste pipe using a plunger.
(5) Subregulation (1) does not apply to a person who carries out the replacement of a water pump that supplies water to a place if —
(a) the person who carries out the replacement is —
(i) an owner or occupier of the place; or
(ii) a person acting without remuneration on behalf of an owner or occupier of the place;
and
(b) water is not supplied to the place by a water supply service of a water services provider.
[Regulation 9 amended: Gazette 12 Sep 2003 p. 4080; 28 Jun 2004 p. 2457; 7 Oct 2005 p. 4511; 29 Apr 2016 p. 1330; 13 Dec 2016 p. 5620; SL 2021/89 r. 5; SL 2024/12 r. 8 and 59.]
9A. Licence or permit not required for certain work carried out on behalf of sewerage service licensees
property sewer connection has the meaning given in the Water Services Act 2012 section 71(1);
relevant drainage plumbing work means drainage plumbing work carried out in relation to the following —
(a) the maintenance, testing, repair or replacement of an existing property sewer connection;
(b) the installation of a property sewer connection in connection with the installation of a new sewer.
(2) Regulation 9(1) does not apply to a person who carries out relevant drainage plumbing work while engaged by, or under the direction and control of, a sewerage service licensee (the relevant licensee).
(3) Regulation 44A applies to a relevant licensee as if a reference in that regulation —
(a) to a licensed plumbing contractor were a reference to the relevant licensee; and
(b) to minor plumbing work were a reference to relevant drainage plumbing work.
(4) Part 7 Division 2 (other than regulation 70) applies to relevant drainage plumbing work as if the relevant licensee —
(a) had carried out, and was responsible for, the work; and
(b) was a licensed plumbing contractor.
[Regulation 9A inserted: SL 2025/70 r. 6.]
10. Unlicensed persons not to be employed etc. for plumbing work
A person must not employ or otherwise engage a person, under a contract of service or for services, to carry out plumbing work if the person knows that the carrying out of the work by the person employed or engaged is or would be contrary to regulation 9(1).
[Regulation 10 amended: Gazette 28 Jun 2004 p. 2406; 29 Apr 2016 p. 1330.]
11. Classes of licence or permit
The classes of licence or permit that may be issued under these regulations are —
(a) a plumbing contractor’s licence; and
(b) a tradesperson’s licence; and
(c) a tradesperson’s licence (drainage plumbing); and
(da) a provisional tradesperson’s licence; and
[(db) deleted]
(d) a restricted plumbing permit.
[(e) deleted]
[Regulation 11 amended: Gazette 20 Apr 2001 p. 2150; 12 Sep 2003 p. 4080; 7 Oct 2005 p. 4511; 19 Dec 2014 p. 4832; SL 2024/12 r. 9 and 60; SL 2025/70 r. 7.]
12. Effect of plumbing contractor’s licence: contractor‑level work
(1) A plumbing contractor’s licence authorises the holder to —
(a) carry out the plumbing work that the licence specifies is contractor‑level authorised work; and
(b) exercise general direction and control over the carrying out of, or supervision of the carrying out of, the specified plumbing work by a tradesperson, or another licensed plumbing contractor, for whom the work is trade‑level work; and
(c) supervise the carrying out of the specified plumbing work by —
(2) Plumbing work that a licensed plumbing contractor is authorised under subregulation (1) to carry out, exercise general direction and control over the carrying out of or supervision of the carrying out of, or supervise the carrying out of, is contractor‑level work for the contractor.
[Regulation 12 inserted: SL 2024/12 r. 10.]
13. Effect of plumbing contractor’s licence: trade‑level work
(1) A plumbing contractor’s licence authorises the holder to —
(a) carry out the plumbing work that the licence specifies is trade‑level authorised work; and
(b) supervise the carrying out of the specified plumbing work by —
(2) However, the holder of a plumbing contractor’s licence is only authorised to carry out, or supervise the carrying out of, the work referred to in subregulation (1) under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work.
(3) Plumbing work that a licensed plumbing contractor is authorised under subregulation (1) to carry out, or supervise the carrying out of, is trade‑level work for the contractor.
[Regulation 13 inserted: SL 2024/12 r. 10.]
[13AA, 13AB. Deleted: SL 2024/12 r. 10.]
13A. Effect of tradesperson’s licence
(1) A tradesperson’s licence authorises the holder to —
(a) carry out plumbing work; and
(b) supervise the carrying out of plumbing work by —
(2) However, the holder of a tradesperson’s licence is only authorised to carry out, or supervise the carrying out of, the work referred to in subregulation (1) under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work.
(3) Plumbing work that a tradesperson is authorised under subregulation (1) to carry out, or supervise the carrying out of, is trade‑level work for the tradesperson.
[Regulation 13A inserted: SL 2024/12 r. 10.]
13B. Effect of tradesperson’s licence (drainage plumbing)
(1) A tradesperson’s licence (drainage plumbing) authorises the holder to —
(a) carry out drainage plumbing work; and
(b) supervise the carrying out of drainage plumbing work by —
(2) However, the holder of a tradesperson’s licence (drainage plumbing) is only authorised to carry out, or supervise the carrying out of, the work referred to in subregulation (1) under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work.
(3) Plumbing work that a tradesperson is authorised under subregulation (1) to carry out, or supervise the carrying out of, is trade‑level work for the tradesperson.
[Regulation 13B inserted: SL 2024/12 r. 10.]
13C. Effect of provisional tradesperson’s licence
A provisional tradesperson's licence authorises the holder to carry out plumbing work under the supervision of —
(a) a licensed plumbing contractor for whom the work is contractor‑level work; or
(b) either of the following persons working under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work —
(i) a licensed plumbing contractor for whom the work is trade‑level work;
(ii) a tradesperson for whom the work is trade‑level work.
[Regulation 13C inserted: SL 2024/12 r. 10.]
13D. Effect of restricted plumbing permit (water heater)
compression fitting has the meaning given in AS/NZS 3500.0 (Plumbing and Drainage — Glossary of terms) clause 3;
existing pipes, in relation to a water heater, means pipes connected to the water heater and the structure to which the water heater is, or is intended to be, attached that are necessary for the safe and effective operation of the water heater;
expansion control valve has the meaning given in AS/NZS 3500.0 (Plumbing and Drainage — Glossary of terms) clause 3;
temperature‑pressure relief valve has the meaning given in AS/NZS 3500.0 (Plumbing and Drainage — Glossary of terms) clause 3.
(2) A restricted plumbing permit (water heater) authorises the holder to disconnect, remove, install and connect the following in the course of removing or replacing a water heater —
(a) a compression fitting;
(b) a temperature‑pressure relief valve;
(c) an expansion control valve;
(d) an isolating valve;
(e) if the water heater is installed with a flexible hose assembly — the flexible hose assembly.
(3) A restricted plumbing permit (water heater) does not authorise the holder to carry out the work referred to in subregulation (2) if —
(a) a change to the existing pipes or pipe configuration is required; or
(b) the existing pipes are not in safe and proper working order; or
(c) the temperature‑pressure relief valve drain line does not comply with the plumbing standards.
(4) The holder of a restricted plumbing permit (water heater) who is not authorised to carry out plumbing work must inform the person for whom the work would otherwise be done —
(a) of the reasons why the holder is unable to perform the work; and
(b) that a licensed plumbing contractor should be engaged to perform the work.
[Regulation 13D inserted: SL 2024/12 r. 10; amended: SL 2024/12 r. 61; SL 2025/70 r. 8.]
13E. Effect of restricted plumbing permit (rainwater storage)
(1) A restricted plumbing permit (rainwater storage) authorises the holder to carry out water supply plumbing work that is for the supply of water from a rainwater storage system to a building.
(2) A restricted plumbing permit (rainwater storage) does not authorise the holder to carry out the work referred to in subregulation (1) within a building.
(3) The Board may set or specify a course to assess the skills and knowledge necessary to safely and effectively carry out water supply plumbing work that is for the supply of water from a rainwater storage system to a building.
Note for this regulation:
An application for issue of a restricted plumbing permit (rainwater storage) must be made before 10 February 2026: see Schedule 3 clause 8(2)(a).
[Regulation 13E inserted: SL 2024/12 r. 62; amended: SL 2025/70 r. 9.]
14. Only natural persons can hold licence or permit
A licence or permit can only be held by a natural person.
[Regulation 14 amended: Gazette 7 Oct 2005 p. 4513; 29 May 2007 p. 2503.]
15. Application for issue of licence or permit
(1) An application for the issue of a licence or permit must be —
(a) made to the Board in the approved form; and
(b) accompanied by —
(i) the application fee and licence fee or permit fee; and
(ii) a photograph of the applicant that complies with regulation 21A.
(2) The Board may, in writing, request an applicant for a licence or permit to provide the Board with such further information relevant to the application as the Board requires.
(3) The Board may specify in the request a reasonable time within which the applicant must comply with the request.
(3A) The Board may refuse to accept an application if the applicant does not comply with a request under subregulation (3) within the time specified in the request or, if no time is specified, within a reasonable period.
(4) The Board is not obliged to return a photograph given to it under this regulation.
[Regulation 15 amended: Gazette 28 Jun 2004 p. 2407‑8; 7 Oct 2005 p. 4513; 29 May 2007 p. 2503; 19 Dec 2014 p. 4833 and 4841; 29 Apr 2016 p. 1331.]
16. False or misleading information in application, offence
An applicant must not, in or in relation to an application, give information that the applicant knows to be false or misleading in a material particular.
Penalty: a fine of $2 000.
[Regulation 16 amended: Gazette 29 Apr 2016 p. 1332.]
17. Issue of licence or permit
(1) The Board may issue a licence or permit if the licence fee or permit fee has been paid and the Board is satisfied that the applicant —
(a) is a fit and proper person to hold the licence or permit; and
(b) has complied with the requirements set out in Schedule 3 in respect of the licence or permit.
(2) On the issue of a licence or permit, the Board must issue an identification card to the licensee or permit holder.
(3) The Board may refuse to issue a licence or permit if —
(a) the Board is not satisfied of the proof required by regulation 21A(3) in relation to a photograph provided by the applicant; or
(b) the photograph is unclear or not provided in a format approved by the Board.
[Regulation 17 amended: Gazette 28 Jun 2004 p. 2408‑9; 7 Oct 2005 p. 4514; 29 May 2007 p. 2503; 19 Dec 2014 p. 4833-4 and 4841; 29 Apr 2016 p. 1332.]
18. Refusal to issue licence or permit
If the Board refuses to issue a licence or permit, the Board is to refund the licence fee or permit fee and give written notice to the applicant setting out the decision and the reasons for the decision not later than 14 days after the decision is made.
[Regulation 18 amended: Gazette 28 Jun 2004 p. 2409; 7 Oct 2005 p. 4514; 29 May 2007 p. 2504; 19 Dec 2014 p. 4834 and 4841.]
19. Conditions of licence or permit
(1) A licence or permit may be issued subject to such conditions as the Board thinks fit and specifies in the licence or permit.
(2) The Board may, at any time, by notice in writing given to the licensee or permit holder, change or remove a condition of the licence or permit or add a new condition to the licence or permit.
(2a) The Board cannot change or remove a condition changed or added by the State Administrative Tribunal unless it has applied for, and obtained, the approval of that Tribunal to do so.
(3) A licensee or permit holder must not contravene a condition of his or her licence or permit.
[Regulation 19 amended: Gazette 30 Dec 2004 p. 6928; 7 Oct 2005 p. 4514‑15; 29 May 2007 p. 2504; 19 Dec 2014 p. 4834; 29 Apr 2016 p. 1332.]
19A. Application for renewal of licence or permit
(1) An application for the renewal of a licence or permit must be —
(a) made to the Board in the approved form; and
(b) accompanied by —
(i) the renewal fee for the licence or permit; and
(ii) a photograph of the licensee or permit holder that complies with regulation 21A, unless a photograph has been provided to the Board in the period of 5 years ending on the day the application is made.
(2) An application for the renewal of a licence or permit must be made within the period beginning 12 weeks before the licence or permit is due to expire and ending on the day that is 28 days after the licence or permit would otherwise have expired (the renewal period).
(3) The Board may refuse to accept an application for the renewal of a licence or permit if —
(a) the Board is not satisfied of the proof required by regulation 21A(3) in relation to a photograph provided by the applicant; or
(b) the photograph is unclear or not provided in a format approved by the Board.
(4) The Board may, in writing, request an applicant for renewal of a licence or permit to provide the Board with such further information relevant to the application as the Board requires.
(5) The Board may specify in the request a reasonable time within which the person must comply with the request.
(6) The Board may refuse to accept an application if the applicant does not comply with a request under subregulation (4) within the time specified in the request or, if no time is specified, within a reasonable period.
(7) The Board is not obliged to return a photograph given to it under this regulation.
[Regulation 19A inserted: Gazette 29 Apr 2016 p. 1332‑4.]
20. Renewing licence and permit
(1) Subject to subregulations (2) and (3), the Board must renew a licence or permit on an application made under regulation 19A if the Board —
(a) has accepted the application; and
(b) is satisfied that the licensee or permit holder is a fit and proper person to hold the licence or permit.
(2) The Board must not renew a provisional tradesperson’s licence if the licence has been renewed on a previous occasion.
(3) The Board may refuse to renew a provisional tradesperson’s licence if it considers that, during the licence period for the licence, the applicant made insufficient progress towards attaining the qualification referred to in Schedule 3 clause 3(b)(i) or (ii).
[(4) deleted]
(5) In subregulation (3) a reference to the renewal of a provisional tradesperson’s licence includes a reference to the issue of that licence following the expiry of a previously‑held licence of the same type.
(6) On renewal of a licence or permit, the Board must issue an identification card to the licensee or permit holder.
[Regulation 20 inserted: Gazette 29 Apr 2016 p. 1334‑5; amended: SL 2024/12 r. 11.]
20A. Reissuing licence or permit
(1A) In this regulation —
re‑issue, in relation to a licence or permit, means to issue a licence or permit to a person with the same licence, permit or authorisation number as previously held by the person.
(1) The Board may, instead of issuing a licence or permit to a person who has applied for one, re‑issue a licence or permit to the person if the person previously held a licence or permit of the same type or was authorised to carry out plumbing work of the same type, under these regulations, the Country Areas Water Supply By‑laws 1957, the Country Towns Sewerage By‑laws 1952 1 or the Metropolitan Water Supply, Sewerage and Drainage By‑laws 1981.
(2) The Board may re‑issue a licence or permit to a person who has applied for the renewal of a licence or permit if the application for renewal is made after the renewal period for the licence or permit referred to in regulation 19A(2).
(3) The provisions of this Part that apply to the issue of a licence or permit apply to the re‑issue of a licence or permit except that subregulation (4) applies to the person instead of regulation 17(1)(b).
(4) Before re‑issuing a licence or permit, the Board must be satisfied that, because of the person’s experience or qualifications, the applicant would be as competent to carry out the work to be covered by the licence or permit as a person who has recently met the requirements set out in Schedule 3 for a licence or permit that covers that work.
(5) In satisfying itself of the matter set out in subregulation (4), the Board is to satisfy itself in the same manner and in relation to the same sorts of things that it would in relation to an application for the issue of an equivalent licence or permit under regulation 17(1).
(6) For the purposes of subregulation (1), a plumbing contractor’s licence, a tradesperson’s licence, a tradesperson’s licence (drainage plumbing) and a provisional tradesperson’s licence are each a type of licence, regardless of what plumbing work is specified or authorised by the licence.
(7) For the purposes of subregulation (1), a restricted plumbing permit is a type of permit, regardless of what plumbing work is specified or authorised by the permit.
[Regulation 20A inserted: Gazette 28 Jun 2004 p. 2411‑12; amended: Gazette 19 Dec 2014 p. 4835‑6 and 4841; 29 Apr 2016 p. 1335; SL 2024/12 r. 12.]
21. Duration of licence or permit
(1) A licence or permit expires on the day that is —
(a) in the case of a provisional tradesperson’s licence — the day of the 1st anniversary of the day on which the licence is issued; and
(b) otherwise — the day of the 3rd anniversary of the day on which the licence or permit is issued.
(2) A licence or permit that is renewed under these regulations expires on the day that is —
(a) in the case of a provisional tradesperson’s licence — the day of the 1st anniversary of the day on which the licence is renewed; and
(b) otherwise — the day of the 3rd anniversary of the day on which the licence or permit is renewed.
(3) If an application for the renewal of a licence or permit is made in accordance with regulation 19A but the licence or permit is not renewed before the expiry of the licence or permit —
(a) the licence or permit is taken to have effect on and from the day immediately following its expiry until any of the following occur —
(i) the Board notifies the applicant of its refusal to accept the application;
(ii) the applicant withdraws the application;
(iii) the Board notifies the applicant of its renewal of, or refusal to renew, the licence or permit;
(iv) the State Administrative Tribunal notifies the applicant that the licence or permit is suspended or cancelled;
and
(b) the licence or permit, if renewed, is taken to have been renewed on the day immediately following its expiry.
(4) No later than 7 days after the expiry of a licence or permit, the licensee or permit holder must —
(a) give to the Board the licence or permit and the identification card given to the licensee or permit holder; and
(b) where practicable, remove or obliterate all references to the licence or permit in advertisements and business documents (as defined in regulations 25 and 25A respectively).
(5) For the purposes of subregulation (4), the expiry day of a licence or permit is the later of the following days —
(a) the day on which the licence or permit expires; or
(b) if subregulation (3) applies, the day the licence or permit ceases to have effect under subregulation (3)(a).
[Regulation 21 inserted: Gazette 29 Apr 2016 p. 1335‑7; amended: SL 2024/12 r. 13.]
21A. Photograph of applicant etc., requirements for
(1) A photograph of an applicant, licensee or permit holder must be a photograph of the head and shoulders of the applicant, licensee or permit holder.
(2) The photograph must be less than 1 month old at the time it is provided to the Board.
(3) The photograph must be provided in a format approved by the Board and with the proof that the photograph complies with subregulations (1) and (2) required by the Board.
[Regulation 21A inserted: Gazette 28 Jun 2004 p. 2412; amended: Gazette 7 Oct 2005 p. 4517; 29 Apr 2016 p. 1337.]
22. Duplicate licence or permit, issue of
If the Board is satisfied that a licence or permit has been lost or destroyed the Board may issue a duplicate licence or permit on payment of the fee set out in Schedule 1 Division 1.
[Regulation 22 amended: Gazette 28 Jun 2004 p. 2413; 7 Oct 2005 p. 4517; SL 2020/196 r. 54.]
23. Licence and permit not to be used by others
A licensee or permit holder must not —
(a) dispose of his or her licence or permit to another person; or
(b) permit another person to use his or her licence or permit.
[Regulation 23 amended: Gazette 7 Oct 2005 p. 4518; 29 Apr 2016 p. 1337.]
24. Licensed plumbing contractor’s licence to be displayed
A licensed plumbing contractor must ensure that the licence is conspicuously displayed at his or her principal place of business.
Penalty: a fine of $2 000.
[Regulation 24 amended: Gazette 12 Sep 2003 p. 4080; 28 Jun 2004 p. 2457; 29 Apr 2016 p. 1338.]
24A. Identification card, duty of holder to produce
A licensee or permit holder must produce his or her identification card whenever asked to do so by —
(a) a person with whom the licensee or permit holder has entered, or may enter, into a contract for plumbing work; or
(b) the occupier or owner of a place at which the licensee or permit holder has carried out, is or will be carrying out, plumbing work; or
(c) a prospective employer; or
(d) a plumbing compliance officer.
Penalty: a fine of $3 000.
[Regulation 24A inserted: Gazette 28 Jun 2004 p. 2413; amended: Gazette 7 Oct 2005 p. 4518; 29 Apr 2016 p. 1338.]
25. Requirements and restrictions in relation to advertising
advertisement includes a business card or letterhead;
represent —
(a) means to hold out or imply; and
(b) includes to advertise.
(2) A licensed plumbing contractor or permit holder must ensure that the number of the licence or permit appears in any advertisement relating to the business for which the licence or permit is, or is intended to be, used.
(3) A person who does not hold a licence or permit must not represent that they hold the licence or permit.
(4) A person who is not authorised to carry out plumbing work of a particular kind or in particular circumstances must not represent that they are authorised to carry out the work.
(5) It is a defence to a charge of an offence under subregulation (3) or (4) to prove that the person —
(a) made the representation as part of a representation in relation to work of which the plumbing work is only a part; and
(b) had arrangements in place to ensure that the plumbing work would be carried out by a person authorised to carry out the plumbing work.
[Regulation 25 inserted: SL 2024/12 r. 14.]
25A. Licence or permit number to appear on business documents
(1) A licensed plumbing contractor or permit holder must ensure that the number of the licence or permit appears in any business document relating to the business for which the licence or permit is, or is intended to be, used.
(2) In subregulation (1) —
business document means any document that is signed or issued by the holder of the licence or permit relating to a particular transaction or dealing and includes any of the following —
(a) a business letter;
(b) a written communication issued by the holder of the licence or permit to the effect that a person owes or does not owe money to him or her (being a statement of account);
(c) a receipt (being a written acknowledgment of payment);
(d) a written quotation of a price for particular goods or services;
(e) a written offer to contract for goods or services;
(f) an invoice (being a written communication identifying goods or services that have been provided, and the prices of those goods or services).
[Regulation 25A inserted: Gazette 12 Sep 2003 p. 4078‑9; amended: Gazette 28 Jun 2004 p. 2457; 7 Oct 2005 p. 4518‑19.]
25B. Records to be kept of persons under general direction and control or supervision
(1) A licensed plumbing contractor (the primary contractor) must keep a record of —
(a) each licensed plumbing contractor or tradesperson who carries out, or supervises the carrying out of, plumbing work under the primary contractor’s general direction and control; and
(b) each apprentice, pre‑apprentice or holder of a provisional tradesperson’s licence who carries out plumbing work under the supervision of —
(i) the primary contractor; or
(ii) a licensed plumbing contractor or tradesperson who supervises the carrying out of the work under the primary contractor’s general direction and control.
(2) The record must be in an approved form and must show —
(a) the full name of the licensee, apprentice or pre‑apprentice; and
(b) the residential or business address of that person; and
(c) the number and class of the licence held by that person; and
(d) the period for which that person was involved in the carrying out, or supervision of the carrying out, of the work; and
(e) details of any training undertaken by that person during that period that relates to plumbing work.
(3) The primary contractor must keep the record at the primary contractor’s principal place of business.
(4) The primary contractor must keep the record for at least one year after the end of the period to which the record relates.
(5) The primary contractor must produce the record for inspection upon being requested to do so by the Board or a person authorised by the Board.
[Regulation 25B inserted: Gazette 12 Sep 2003 p. 4079; amended: Gazette 28 Jun 2004 p. 2413 and p. 2457; 29 Apr 2016 p. 1338; SL 2021/89 r. 8; SL 2024/12 r. 15.]
26. Licence and permit not transferable
A licence or permit is not transferable.
[Regulation 26 amended: Gazette 7 Oct 2005 p. 4519.]
26A. Licence and permit, surrender of
(1) A licensee or permit holder may surrender the licence or permit by giving written notice to the Board specifying the day on which the licence or permit is surrendered.
(2) The day specified cannot be earlier than the day on which the notice is given to the Board.
(3) The licence or permit must be given back to the Board on or before the day on which it is surrendered.
[Regulation 26A inserted: Gazette 29 May 2007 p. 2505.]
26B. Refund of licence or permit fees
(1) If a licence or permit is surrendered, the Board is to refund to the former licensee or permit holder so much of the fee last paid for the licence or permit as the Board, on application by the former licensee or permit holder, determines as appropriate to be refunded.
(2) If a plumbing contractor’s licence is issued to a person who holds a tradesperson’s licence or a tradesperson’s licence (drainage plumbing), the Board is to refund to the person so much of the fee last paid for the tradesperson’s licence or a tradesperson’s licence (drainage plumbing) as the Board determines as appropriate to be refunded.
(3) If a tradesperson’s licence is issued to a person who holds a provisional tradesperson’s licence, the Board is to refund to the person so much of the fee last paid for the provisional tradesperson’s licence as the Board determines is appropriate to be refunded.
[(4) deleted]
[Regulation 26B inserted: Gazette 29 May 2007 p. 2506; amended: Gazette 19 Dec 2014 p. 4836‑7 and 4841; SL 2024/12 r. 16.]
Part 4 — Disciplinary proceedings
26C. Application of Part
This Part applies, with any necessary modifications, to a former licensee or permit holder in relation to conduct occurring while the person was a licensee or permit holder in the same way as it applies to a licensee or permit holder.
[Regulation 26C inserted: Gazette 29 Apr 2016 p. 1339.]
27. Disciplinary matters defined
For the purposes of this Part, each of the following is a disciplinary matter —
(a) the licensee or permit holder has obtained a licence or permit because of incorrect or misleading information;
(b) the licensee or permit holder is no longer a fit and proper person to hold the licence or permit;
(c) the licensee or permit holder has been convicted of an offence against these regulations or another written law relating to plumbing work;
(ca) the licensee or permit holder has been convicted of a serious offence;
(d) the licensee or permit holder has contravened or failed to comply with a term or condition of their licence or permit;
(e) the licensee or permit holder has contravened or failed to comply with these regulations;
(f) the licensee or permit holder has engaged in fraudulent conduct in relation to the carrying out of plumbing work;
(fa) the licensee or permit holder has engaged in conduct that is harsh, unconscionable, oppressive, misleading or deceptive in relation to the carrying out of plumbing work;
(fb) the licensee or permit holder has been negligent or incompetent in relation to the carrying out of plumbing work;
(g) the licensee or permit holder has failed to comply with a building remedy order or a HBWC remedy order made by the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011;
(h) the licensed plumbing contractor has failed to —
(i) properly exercise general direction and control over the carrying out of, or supervision of the carrying out of, plumbing work over which the contractor was ostensibly exercising general direction and control; or
(ii) properly supervise the carrying out of plumbing work that the contractor was ostensibly supervising;
(i) the tradesperson has failed to properly supervise the carrying out of plumbing work that the tradesperson was ostensibly supervising;
(j) the licensed plumbing contractor or tradesperson for whom plumbing work is trade‑level work has carried out, or supervised the carrying out of, the work while not under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work;
(k) the holder of a provisional tradesperson’s licence has carried out plumbing work while not under the supervision of —
(i) a licensed plumbing contractor for whom the work is contractor‑level work or trade‑level work; or
(ii) a tradesperson for whom the work is trade‑level work;
(l) the licensee or permit holder has failed to comply with —
(i) an undertaking given by the licensee or permit holder under regulation 31(2)(b); or
(ii) an order made by the State Administrative Tribunal under regulation 34(1)(c).
[Regulation 27 amended: Gazette 12 Sep 2003 p. 4079‑80; 28 Jun 2004 p. 2413‑15 and p. 2457; 7 Oct 2005 p. 4519‑20; 19 Dec 2014 p. 4837; 29 Apr 2016 p. 1339-40; SL 2024/12 r. 17.]
28. Making a complaint about disciplinary matter
(1) A person may make a complaint to the Board that a disciplinary matter exists or has occurred in respect of a licensee or permit holder.
(2) A complaint under this regulation must be made in an approved form.
[Regulation 28 inserted: Gazette 29 Apr 2016 p. 1341.]
29. Further information and verification
The Board may, in writing, request a person making a disciplinary complaint to do either or both of the following —
(a) give the Board further details about the complaint;
(b) verify any details about the complaint by statutory declaration.
[Regulation 29 inserted: Gazette 29 Apr 2016 p. 1341.]
30. Board to decide what action to take in respect of complaint
The Board may, on consideration of a disciplinary complaint, decide —
(a) not to take any action; or
(b) to refer the complaint to the Building Commissioner for investigation; or
(c) to take action under regulation 31; or
(d) to make an allegation about the complaint to the State Administrative Tribunal.
[Regulation 30 inserted: Gazette 29 Apr 2016 p. 1341.]
31. Board may deal with certain complaints
(1) This regulation applies if —
(a) the Board is satisfied that a disciplinary matter exists in relation to a licensee or permit holder; and
(b) the Board is of the opinion that a proceeding before the State Administrative Tribunal is not warranted by the nature of the matter.
(2) If this regulation applies, the Board may do one or more of the following —
(a) caution or reprimand the licensee or permit holder;
(b) require the licensee or permit holder to give an undertaking to the Board for such period as is specified —
(i) in relation to the person’s future conduct as a licensee or permit holder; or
(ii) to comply with such conditions as are specified in relation to the carrying out of plumbing work by the licensee or permit holder;
(c) order the licensee or permit holder to pay to the Board a penalty of a specified amount not exceeding $3 000.
(3) If action is taken under subregulation (2) in relation to a disciplinary matter, no further action is to be taken under this Part with respect to the matter.
(4) The Board must give the complainant, if any, and the respondent notice of a decision made under subregulation (2).
(5) The Board must include with the notice of a decision given to the respondent short particulars of the reasons for the decision and the right to apply for a review of the decision under regulation 100.
(6) The Board may recover an amount that is unpaid under an order made under subregulation (2)(c) in a court of competent jurisdiction as a debt due to the Board.
[Regulation 31 inserted: Gazette 29 Apr 2016 p. 1342‑3; amended: Gazette 13 Dec 2016 p. 5620; SL 2024/12 r. 18.]
[32‑33. Deleted: Gazette 30 Dec 2004 p. 6929.]
34. SAT’s powers on allegation of disciplinary matter
(1) If, in a proceeding commenced by an allegation under regulation 30(d), the State Administrative Tribunal determines that a disciplinary matter exists or has occurred in respect of a licensee or permit holder, the State Administrative Tribunal may do any one or more of the following —
(a) decline to take any action under this subregulation;
(b) caution or reprimand the licensee or permit holder;
(c) order the licensee or permit holder to undertake further training as specified by the State Administrative Tribunal on the advice of the Board;
(d) change or remove a condition of the licence or permit or add a new condition to the licence or permit;
(e) order the licensee or permit holder to pay a penalty of a specified amount not exceeding $5 000;
(f) suspend the licence or permit for such period as the State Administrative Tribunal thinks fit;
(g) cancel the licence or permit.
(2) If the State Administrative Tribunal decides to take action under subregulation (1), the State Administrative Tribunal is to give written notice of the decision to the licensee or permit holder setting out —
(a) the grounds on which the decision was based; and
(b) the reasons for the decision.
(3) The notice under subregulation (2) is to be given not later than 14 days after the decision is made.
(4) If a licence or permit is cancelled or suspended, the licensee or permit holder must return their licence or permit and identification card to the Board no later than 14 days after the day they are notified of the cancellation or suspension.
[Regulation 34 amended: Gazette 28 Jun 2004 p. 2415; 30 Dec 2004 p. 6929; 7 Oct 2005 p. 4520; 29 Apr 2016 p. 1343.]
Part 4A — Basic plumbing work in remote Aboriginal communities
[Heading inserted: Gazette 13 Dec 2016 p. 5620.]
35. Purpose of this Part
The purpose of this Part is to allow certain persons who have undertaken some relevant training to carry out basic plumbing work in remote and inaccessible Aboriginal communities even though they are not licensed plumbing contractors if —
(a) the plumbing work is required to prevent —
(i) a risk to human health or safety; or
(ii) a significant waste of water;
and
(b) a licensed plumbing contractor is reasonably unable to attend at the community in a timely manner to carry out the plumbing work.
[Regulation 35 inserted: Gazette 13 Dec 2016 p. 5620‑1.]
36. Application of this Part
Nothing in this Part prevents a licensed plumbing contractor from carrying out the plumbing work referred to in this Part.
[Regulation 36 inserted: Gazette 13 Dec 2016 p. 5621.]
37. Terms used
In this Part —
Australian Qualifications Framework has the meaning given in the Higher Education Support Act 2003 (Commonwealth) Schedule 1 clause 1(1);
authorised worker means a person who —
(a) is employed or otherwise engaged by a service provider to provide Aboriginal environmental health services to an eligible remote community; and
(b) holds a qualification at Certificate II level or above under the Australian Qualifications Framework in any of the following subject areas, or an equivalent qualification approved by the Board —
(i) environmental health;
(ii) Indigenous environmental health;
(iii) population health;
(iv) public health;
(v) preventative health;
and
(c) has completed all of the qualifying plumbing units;
eligible remote community means an Aboriginal community listed on a website maintained by the Building Commissioner;
Health Department means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister responsible for the administration of the Health Legislation Administration Act 1984;
permitted work means any of the following plumbing work —
(a) replacing or repairing shower heads;
(aa) replacing domestic water filter cartridges;
(ab) maintaining or repairing a tap, other than a thermostatic mixing tap;
(b) replacing “P‑Traps” and “S‑Traps” in readily accessible locations, such as under sinks, basins or troughs;
(d) replacing leaking cistern washers, valves and flush pipe connectors;
(e) capping a burst water main, damaged waste pipe or sanitary drain for the purpose of preventing a risk to human health or safety or a significant waste of water;
(f) replacing general covers (e.g. missing or broken inspection mounds, gully mounds, grates and vent cowls);
(g) clearing blocked waste pipes and drains by the use of plungers or flexible hand rods;
(h) unblocking toilets, showers, basins, troughs, sinks and baths by the use of plungers or flexible hand rods;
(i) other plumbing work approved by the Board;
qualifying plumbing unit means each of the following units of competency or any equivalent units approved by the Board —
(a) HLTPOP025: Provide basic repairs and maintenance to health hardware and fixtures;
(b) HLTPOP026: Monitor and maintain sewage or effluent systems;
(c) HLTPOP027: Monitor and maintain water supply;
service provider means a person contracted by the Health Department to provide Aboriginal environmental health services to an eligible remote community.
[Regulation 37 inserted: Gazette 13 Dec 2016 p. 5621‑3; amended: SL 2024/12 r. 19.]
38. Authorised worker may carry out permitted work without a licence or permit
An authorised worker may carry out permitted work in an eligible remote community without a licence or permit as long as the work is carried out —
(a) for the purpose of this Part as stated in regulation 35; and
(b) under the direction and control of a service provider.
[Regulation 38 inserted: Gazette 13 Dec 2016 p. 5623.]
39. Service provider’s obligations
(1) A service provider must ensure that each of its authorised workers only carries out permitted work for the purpose of this Part as stated in regulation 35.
(2) A service provider must keep a register in the approved form of all of its authorised workers, recording for each authorised worker the following information —
(a) the authorised worker’s full name;
(b) each period during which the authorised worker is employed or otherwise engaged by the service provider;
(c) the qualification referred to in paragraph (b) of the definition of authorised worker in regulation 37 that the authorised worker holds and the date on which the qualification was obtained;
(d) the qualifying plumbing units that the authorised worker has completed and the date on which each unit was completed.
(2A) The information referred to in subregulation (2) must be retained on the register for at least 6 years after the day on which the authorised worker ceases to be employed or engaged by the service provider.
(2B) A service provider must keep a record in the approved form of permitted work carried out by each of its authorised workers.
(2C) A record referred to in subregulation (2B) must be retained for at least 6 years after the day on which the permitted work is completed.
(2D) A service provider must, on request, make the register referred to in subregulation (2) or a record referred to in subregulation (2B) available for inspection by —
(a) in any case — a plumbing compliance officer; or
(b) in the case of a record — a licensed plumbing contractor who reasonably requires a copy of the record to carry out plumbing work.
(3) A service provider must provide to each of its authorised workers carrying out permitted work the appropriate tools, equipment, personal protective clothing and equipment, and work health and safety training necessary to carry out the work safely and competently.
(4) A service provider must ensure that a person employed or otherwise engaged by it who would be an authorised worker on completion of the qualifying plumbing units undertakes those units at the service provider’s expense.
[Regulation 39 inserted: Gazette 13 Dec 2016 p. 5623; amended: Gazette 18 Oct 2019 p. 3674-5; SL 2022/26 r. 14; SL 2024/12 r. 20.]
39A. Enforcement
(1) Part 7 Division 2 applies to plumbing work carried out under this Part as if the relevant service provider —
(a) had carried out, and was responsible for, the work; and
(b) was a licensed plumbing contractor.
(2) If the Board has reasonable grounds to believe that a service provider has contravened or is contravening regulation 10 or 39, the Board may by written notice declare that the service provider is no longer a service provider under this Part —
(a) for a period of up to 6 months; or
(b) indefinitely.
(3) The Board may, on application by a service provider who is subject to a declaration under subregulation (2), revoke the declaration as from a date to be specified in a written notice to the service provider.
[Regulation 39A inserted: Gazette 13 Dec 2016 p. 5624.]
Part 5 — Notification, certification and records of plumbing work
[Heading inserted: Gazette 18 Oct 2019 p. 3675.]
Division 1 — Major plumbing work
[Heading inserted: Gazette 28 Jun 2004 p. 2416.]
40. Application of Division
This Division does not apply in respect of major plumbing work that includes a performance solution.
[Regulation 40 inserted: Gazette 24 Apr 2015 p. 1496; amended: Gazette 13 Dec 2016 p. 5626.]
41. Notice of intention to commence major plumbing work to be given to Board
(1) A licensed plumbing contractor or permit holder must not carry out major plumbing work, or permit or arrange for major plumbing work to be carried out, unless the contractor or permit holder has given the Board a notice of intention to carry out the work at least 24 hours before the work commences.
(2) Subregulation (1) does not apply to a licensed plumbing contractor if the contractor is to carry out the work for a licensed plumbing contractor and that licensed plumbing contractor or another contractor has, or ought to have, given a notice of intention to carry out the work under subregulation (1).
(2a) Subregulation (1) does not apply to a permit holder if the permit holder is to carry out the work for a licensed plumbing contractor or permit holder and that licensed plumbing contractor or permit holder has, or ought to have, given a notice of intention to carry out the work under subregulation (1).
(3) Subregulation (1) does not apply to a licensed plumbing contractor or permit holder if the plumbing work is emergency plumbing work.
(3A) A licensed plumbing contractor or permit holder who carries out major plumbing work that is emergency plumbing work must give to the Board a notice of intention in respect of the work at the same time as the certificate of compliance for the work is given to the Board.
(4) The notice of intention must —
(a) be in the approved form; and
(b) be given with the new installation fee (where relevant).
[Regulation 41 inserted: Gazette 28 Jun 2004 p. 2416; amended: Gazette 7 Oct 2005 p. 4520‑1; 29 Apr 2016 p. 1344.]
42. Certificate of compliance for major plumbing work
(1) When major plumbing work is completed, the licensed plumbing contractor or permit holder responsible for the work must, within 5 working days after the day on which the work is completed —
(a) give the Board a certificate of compliance for the work that complies with this regulation; and
(b) give a copy of the certificate to —
(i) if the work relates to building work carried out under a building permit — the person named as the builder on the building permit; or
(ia) if the work is modular plumbing work — the person with control of the plumbing module at the time the contractor completes the work; or
(ii) otherwise — the owner or occupier of the place where the work was carried out;
and
(c) give a copy of the certificate to the local government in whose district the work was carried out if the work is drainage plumbing work and the drainage plumbing is not, and is not intended to be, connected to a sewer.
(2) The certificate must certify that —
(a) the plumbing that is the result of the work (the principal plumbing), and any other plumbing that the certificate must cover because of subregulation (5), complies with the plumbing standards; and
(b) existing plumbing that any of the plumbing referred to in paragraph (a) relies upon for its safe and effective operation is safe and in proper working order.
(3) The certificate must be in the approved form.
(4) The certificate need not cover existing plumbing to the extent to which, because of circumstances beyond the control of the licensed plumbing contractor or permit holder, the contractor or permit holder cannot inspect, test, repair or replace the existing plumbing.
(5) If —
(a) the principal plumbing includes or relies upon plumbing that is the result of plumbing work for which another licensed plumbing contractor or permit holder (the previous contractor or permit holder) is responsible; and
(b) the plumbing work of the previous contractor or permit holder was not completed by the previous contractor or permit holder; and
(c) a certificate of compliance for the plumbing work of the previous contractor or permit holder has not been given; and
(d) the plumbing of the previous contractor or permit holder is essential to the safe and effective operation of the principal plumbing,
the certificate must cover the plumbing of the previous contractor or permit holder.
(6) A licensed plumbing contractor or permit holder who has given a certificate of compliance must keep a copy of the certificate at their principal place of business for at least 6 years after giving the certificate.
[Regulation 42 inserted: Gazette 28 Jun 2004 p. 2417‑18; amended: Gazette 7 Oct 2005 p. 4521; 29 Apr 2016 p. 1344; SL 2024/12 r. 21 and 63.]
43. Non‑completion of major plumbing work
(1) If —
(a) a licensed plumbing contractor or permit holder has given a notice of intention to carry out major plumbing work; and
(b) the contractor or permit holder is not going to carry out some or all of the work,
the contractor or permit holder must withdraw the notice of intention, to the extent to which the contractor or permit holder is not going to carry out the work, as soon as practicable by giving notice to the Board in the approved form.
(2) If —
(a) a licensed plumbing contractor or permit holder has given a notice of intention to carry out major plumbing work; and
(b) the contractor or permit holder has commenced the work; and
(c) the contractor or permit holder is not going to complete all the work,
the contractor or permit holder must comply with regulation 42 in relation to the work that has been completed.
[Regulation 43 inserted: Gazette 28 Jun 2004 p. 2418‑19; amended: Gazette 7 Oct 2005 p. 4521‑2; 29 Apr 2016 p. 1344.]
Division 2 — Minor plumbing work
[Heading inserted: Gazette 28 Jun 2004 p. 2419.]
44. Application of Division
This Division does not apply in respect of minor plumbing work that includes a performance solution.
[Regulation 44 inserted: Gazette 18 Oct 2019 p. 3675.]
44A. Records of minor plumbing work
(1) A licensed plumbing contractor or permit holder must keep a record of minor plumbing work completed by or for the contractor or permit holder.
(2) A licensed plumbing contractor or permit holder is not required to keep a record of minor plumbing work under subregulation (1) if —
(a) the minor plumbing work is carried out for another licensed plumbing contractor or permit holder; and
(b) that other licensed plumbing contractor or permit holder or another contractor or permit holder keeps, or ought to keep, a record of the work under subregulation (1).
(3) A record required by subregulation (1) must be in the approved form.
(4) A record required by subregulation (1) must be kept at the licensed plumbing contractor’s or permit holder’s principal place of business.
(5) A person required by subregulation (1) to keep a record of minor plumbing work must keep the record until the expiry of the period within which a rectification notice may be given in respect of the work under regulation 71(2).
(6) A person required by subregulation (1) to keep a record of minor plumbing work must produce the record for inspection upon being requested to do so by —
(a) the Board; or
(b) a plumbing compliance officer.
(7) This regulation does not limit regulation 25B(1).
[Regulation 44A inserted: Gazette 18 Oct 2019 p. 3675-6.]
Division 2A — Plumbing work including performance solutions
[Heading inserted: Gazette 13 Dec 2016 p. 5628.]
45A. Notice of intention to include performance solution
(1) A licensed plumbing contractor must not carry out, or permit or arrange to be carried out, plumbing work that includes a performance solution unless the contractor has given the Board a notice of intention to carry out work including a performance solution at least 5 working days before the work commences.
(2) Subregulation (1) does not apply to a licensed plumbing contractor if the contractor is to carry out the work for a licensed plumbing contractor and that licensed plumbing contractor or another licensed plumbing contractor has, or ought to have, given a notice of intention under subregulation (1).
(3) The notice of intention must —
(a) be in the approved form; and
(b) be accompanied by the applicable lodgment fee set out in Schedule 1 Division 2; and
(c) be accompanied by the new installation fee (where relevant).
[Regulation 45A inserted: Gazette 24 Apr 2015 p. 1496‑7; amended: Gazette 29 Apr 2016 p. 1345; 13 Dec 2016 p. 5626; 18 Oct 2019 p. 3676; SL 2020/196 r. 54; SL 2024/12 r. 22.]
45B. Certificate of compliance for performance solution
(1) When plumbing work that includes a performance solution is completed, the licensed plumbing contractor responsible for the work must, within 5 working days after the day on which the work is completed —
(a) give the Board a certificate of compliance for the work; and
(b) give a copy of the certificate to —
(i) if the work relates to building work carried out under a building permit — the person named as the builder on the building permit; or
(ia) if the work is modular plumbing work — the person with control of the plumbing module at the time the contractor completes the work; or
(ii) otherwise — the owner or occupier of the place where the work was carried out;
and
(c) give a copy of the certificate to the local government in whose district the work was carried out if the work is drainage plumbing work and the drainage plumbing is not, and is not intended to be, connected to a sewer.
(2) The certificate must certify that —
(a) the plumbing that is the result of the work (the principal plumbing), and any other plumbing that the certificate must cover because of subregulation (4), complies with the plumbing standards; and
(b) existing plumbing that any of the plumbing referred to in paragraph (a) relies upon for its safe and effective operation is safe and in proper working order.
(3) The certificate must be in the approved form.
(4) The certificate must cover the plumbing of a previous contractor if —
(a) the principal plumbing includes or relies upon plumbing that is the result of plumbing work for which another licensed plumbing contractor (the previous contractor) is responsible; and
(b) the plumbing work of the previous contractor was not completed by the previous contractor; and
(c) a certificate of compliance for the plumbing work of the previous contractor has not been given; and
(d) the plumbing of the previous contractor is essential to the safe and effective operation of the principal plumbing.
(5) A licensed plumbing contractor who has given a certificate of compliance must keep a copy of the certificate at the contractor’s principal place of business for at least 6 years after giving the certificate.
[Regulation 45B inserted: Gazette 24 Apr 2015 p. 1497‑8; amended: Gazette 29 Apr 2016 p. 1345; 13 Dec 2016 p. 5626‑7; SL 2024/12 r. 23 and 64.]
45C. Non-completion of plumbing work including performance solution
(1) A licensed plumbing contractor who has given a notice of intention to carry out work including a performance solution must, by giving notice to the Board in the approved form, withdraw the notice of intention to the extent that the contractor is not going to carry out the work including the performance solution.
(2) A licensed plumbing contractor must comply with regulation 45B in relation to work including a performance solution that has been completed by the contractor if —
(a) the contractor has given a notice of intention to carry out the work; and
(b) the contractor has commenced the work; and
(c) the contractor is not going to complete all the work.
[Regulation 45C inserted: Gazette 24 Apr 2015 p. 1498‑9; amended: Gazette 29 Apr 2016 p. 1345; 13 Dec 2016 p. 5626‑7.]
Division 2B — Drainage plumbing diagrams for drainage plumbing work
[Heading inserted: Gazette 13 Dec 2016 p. 5628.]
45D. Drainage plumbing diagram to be given to Board
(1) A licensed plumbing contractor who carries out drainage plumbing work referred to in subregulation (2) must give the Board a diagram of the work —
(a) in the approved form;
(b) at the same time as a certificate of compliance for the work is given to the Board under regulation 42 or 45B.
Penalty for this subregulation: a fine of $ 5 000.
(2) Drainage plumbing work for which a diagram must be given is drainage plumbing work that involves the installation or alteration of pipes, materials or components that, once in place, are not readily accessible.
[Regulation 45D inserted: Gazette 13 Dec 2016 p. 5628; amended: SL 2024/12 r. 24.]
45DA. Diagram of drainage plumbing service line or drainage plumbing connection point to be given
(1) In this regulation each of the following terms has the meaning given in regulation 55 —
drainage plumbing connection point
drainage plumbing service line
lot
subdivided land
(2) A responsible person for plumbing work that is the installation of a drainage plumbing service line or drainage plumbing connection point on or for a lot on subdivided land must give the Board and the owner or occupier of the subdivided land a diagram of the plumbing work on the land —
(a) in the approved form; and
(b) at the same time as a certificate of compliance for the work is given to the Board under these regulations.
[Regulation 45DA inserted: SL 2020/132 r. 5; amended: SL 2024/12 r. 25.]
45E. Application to obtain copy of drainage plumbing diagram
(1) A person may request a copy of a drainage plumbing diagram by applying to the Board in the approved form.
(2) The application is to be accompanied by the fee set out in Schedule 1 Division 2.
(3) The Board is to refund to an applicant the fee referred to in subregulation (2) if the Board is unable to provide to the applicant a copy of the drainage plumbing diagram requested or if the layout of drainage plumbing cannot be determined from the copy.
(4) Subregulations (2) and (3) do not apply to an application made by —
(a) a sewerage service licensee; or
(b) a local government listed in the Class Exemption for Small Local Government Sewerage and/or Non‑Potable Water Services Providers published in the Gazette on 19 January 2024.
[(5) deleted]
[Regulation 45E inserted: Gazette 13 Dec 2016 p. 5629; amended: Gazette 29 Aug 2017 p. 4593; SL 2020/196 r. 54; SL 2024/12 r. 26; SL 2025/70 r. 10.]
45F. Copy of drainage plumbing diagram may be provided
(1) The Board may, for any purpose described in subregulation (2), provide a copy of a drainage plumbing diagram to a person who makes an application under regulation 45E.
(2) The purposes referred to in subregulation (1) are —
(a) the regulation and control of plumbing work; and
(b) the maintenance of standards to be observed in, or in connection with, the carrying out of plumbing work.
[Regulation 45F inserted: Gazette 13 Dec 2016 p. 5629.]
Division 3 — General provisions
[Heading inserted: Gazette 28 Jun 2004 p. 2420.]
45. New installation fee
(1) The new installation fee is payable in respect of plumbing work for a new building, or an extension to an existing building, that will include at least one new fixture.
(2) The fee is payable by the licensed plumbing contractor who gives the first, or only, notice of intention in respect of the plumbing work, at the time of giving the notice.
(3) The amount of the fee is set out in Schedule 1 Division 2.
(4) For the purposes of this regulation —
(a) a fixture means a receptacle designed to collect and discharge wastewater or other waste into sanitary or drainage plumbing, for example, a basin, water closet, bath, shower, sink, laundry trough, urinal or bidet; and
(b) 2 or more such receptacles that discharge through one fixture trap are to be considered as one fixture.
[Regulation 45 inserted: Gazette 28 Jun 2004 p. 2420‑1; amended: SL 2020/196 r. 54.]
46. False or misleading statements in notices etc., offence
A person who makes a statement or gives any information in a notice of intention, certificate of compliance or form given, or in a record kept, under this Part that the person knows to be false or misleading in a material particular commits an offence.
[Regulation 46 inserted: Gazette 28 Jun 2004 p. 2421; amended: Gazette 29 Apr 2016 p. 1345; 18 Oct 2019 p. 3676.]
Part 6 — Plumbing standards
[Heading inserted: Gazette 24 Apr 2015 p. 1499.]
[47. Deleted: SL 2020/132 r. 6.]
48. Plumbing standards
(1) The standards that apply to, and in connection with, the carrying out of plumbing work (plumbing standards) are —
(a) the requirements set out in subregulation (2), subject to the modifications in regulation 49; and
(b) if the plumbing work is work to which a provision of Part 6A applies — the requirements set out in the provision.
(2) For the purposes of subregulation (1)(a), the requirements are those —
(a) set out in the following provisions of the Plumbing Code —
(i) Section A;
(ii) Parts B1, B2 (other than clauses B2P11 and B2D4), B3, B5 and B6;
(iii) Specification 41;
(iv) Parts C1 and C2;
and
(b) that relate to —
(i) water supply plumbing or water supply plumbing work; or
(ii) sanitary plumbing or sanitary plumbing work; or
(iii) drainage plumbing or drainage plumbing work.
[Regulation 48 inserted: SL 2020/132 r. 6; amended: SL 2022/163 r. 6 and 10; SL 2024/12 r. 27, 54 and 65; SL 2025/70 r. 11.]
49. Modifications to Plumbing Code
(1) For the purposes of regulation 48, the modifications set out in the Table are made to the Plumbing Code.
| Clause B2D5 | After “fixture” insert:<br>for a new heated water installation, or for an existing heated water installation if the requirements in this clause applied to the installation when it was a new installation, |
| | Before the Application statement insert:<br>The delivery temperature of heated water at the outlet of each sanitary fixture (other than a basin in a Class 1, 2, 4, 5, 6, 7, 8 or 10 building) for an existing heated water installation must meet the requirements for a new heated water installation if —<br>(a) in relation to a heated water installation with multiple water heaters — all water heaters in the installation are replaced or relocated; or<br>(b) in any other case — a water heater in the installation is replaced or relocated or an additional water heater is added to the installation. |
| | Delete the Application statement and insert:<br>B2D5 applies to heated water installations intended for personal hygiene as stated in the clause. |
| Clause B2D6 | Delete the Application statement and insert:<br>B2D6 applies to heated water installations to which B2D5 applies. |
(2) For the purposes of regulation 48, the modifications set out in the Table are made to AS/NZS 3500.2 (Sanitary plumbing and drainage) as referenced in the Plumbing Code.
| Clause 2.3 | Delete paragraph (a) and insert:<br>(a) Bends in pipes shall —<br> (i) have a throat radius complying with AS/NZS 1260:2017 (PVC‑U pipes and fittings for drain, waste and vent applications) Table 5.6 and Figure B6; and<br> (ii) be free from wrinkling and flattening. |
| Clause 3.8.2 | Delete paragraph (b) and insert:<br>(b) the drains laid through footings shall be installed with an annular space of not less than 25 mm filled with a liner of flexible material. However, the drains need not be installed in such a way if the drains are installed in a building that is —<br> (i) classified as a Class 1a or 10a building under Volume 1 and 2 of the National Construction Code; and<br> (ii) in sandy soil classified as Class ‘A’ within the meaning of AS 2870‑2011 (Residential slabs and footings). |
| Clause 3.18 | Delete paragraph (d) and insert: |
| | (d) A vacuum sewer system DN 100 downstream vent shall be connected on the main drain —<br> (i) before or on the inspection shaft riser; and<br> (ii) after the last fixture on the main drain.<br> The vacuum sewer system DN 100 downstream vent should be connected as close as possible to the inspection shaft riser. |
| | (e) Vacuum sewer system and boundary trap low level vents shall terminate between a minimum of 150 mm and a maximum of 250 mm above ground or adopted flood level using one of the following methods — |
| | (i) one 88° bend and a flat grate with invert level not less than 150 mm above ground or adopted flood level; |
| | (ii) two 88° bends and a flat grate or vent cowl so that there is not less than 150 mm between the flat grate or vent cowl and the ground or adopted flood level; |
| | (iii) an air admittance valve not less than 150 mm above ground or adopted flood level installed in accordance with Clause 6.9. |
| Clause 4.5.3 | Delete paragraph (b).<br>At the end of the clause insert:<br>However, if the reflux valve is being installed in relation to an existing building, the reflux valve may be installed upstream from the inspection shaft. |
| Clause 4.6.2 | Delete paragraph (b) and insert:<br>(b) have each gully riser provided with a grating or cover of a loose, pop‑out type to relieve surcharge and allow adequate ventilation to the gully riser; and |
| | In paragraph (c)(ii) delete “surround).” and insert:<br>surround); and |
| | At the end of the clause insert:<br>(d) in relation to a class 1a or class 10a building within the meaning of Volume 1 and 2 of the National Construction Code — have the height of the gully riser not more than 600 mm measured from the top of the water seal to the grate of the gully. |
| Table 4.6.6.6 | Delete the table and insert:<br>TABLE 4.6.6.6<br>POINT OF MEASUREMENT ON FIXTURES FOR HEIGHT ABOVE OVERFLOW GULLY | Fixture | Point of measurement | | --- | --- | | Floor waste gully | Top surface level of the grate | | All other fixtures (including greywater diversion devices) | Overflow level of the fixture | |
| Clause 4.7.1 | Delete paragraph (c) and insert:<br>(c) on the downstream end of any branch drain that exits a building, between the building and the junction into the main drain; |
| Clause 6.5.1 | Delete the clause and insert:<br>6.5.1 General<br>Each sanitary fixture and appliance must have a self‑sealing device or trap.<br>A self‑sealing device must —<br>(a) be in the same room as the fixture or appliance that it serves; and<br>(b) be accessible.<br>A trap (other than a self‑sealing device) must —<br>(a) be in the same room as the fixture or appliance that it serves; and<br>(b) be accessible unless the trap is in the ground or concrete.<br>A trap (other than a self‑sealing device) in the ground or concrete must not have —<br>(a) a loose coupling nut; or<br>(b) a diameter that is greater than the diameter of the outlet for the fixture or appliance that the trap serves.<br>A trap (other than a self‑sealing device) that is in the ground or concrete must be directly below the outlet for the fixture or appliance that the trap serves. |
| Clause 13.9 | Delete the passage that begins with “Where” and continues to the end of the clause. |
(3) For the purposes of regulation 48, the modifications set out in the Table are made to AS/NZS 3500.4 (Heated water services) as referenced in the Plumbing Code.
| Clause 5.8 | In NOTE 1 delete “Where the water supply is scaling in nature, an expansion control valve or expansion vessel should” and insert:<br>An expansion control valve or expansion vessel must |
| Table 5.9.1(A) | In the row relating to Expansion control valve or expansion vessel (Australia only) in the 3rd and 4th columns delete “g” and insert:<br>Yes |
[(4), (5) deleted]
[Regulation 49 inserted: Gazette 24 Apr 2015 p. 1500‑12; amended: Gazette 29 Apr 2016 p. 1346; 13 Dec 2016 p. 5624‑5; 9 Apr 2019 p. 1057‑60; SL 2022/163 r. 7 and 11; SL 2024/12 r. 55.]
50. Compliance with plumbing standards and standard of work
A person must ensure that plumbing work for which the person is a responsible person —
(a) complies with the plumbing standards that apply to the plumbing work; and
(b) is carried out with reasonable care and skill.
[Regulation 50 inserted: Gazette 24 Apr 2015 p. 1512; amended: SL 2025/70 r. 12.]
51. Connecting unsafe plumbing
(1) A person who is a responsible person for plumbing work must ensure that plumbing is not connected to a water supply system, a sewerage system or an apparatus for the treatment of sewage, unless the plumbing complies with the plumbing standards that apply to the plumbing.
(2) A person does not commit an offence under subregulation (1) if the person proves that they did not know that the plumbing did not comply with the plumbing standards.
(3) A prosecution of an offence under subregulation (1) cannot be commenced without the approval of the Board.
(4) The Board cannot give approval under subregulation (3) unless the Board is satisfied that connecting the plumbing was unsafe or gave rise to a dangerous situation.
[Regulation 51 inserted: Gazette 24 Apr 2015 p. 1512‑13; amended: Gazette 29 Apr 2016 p. 1346; SL 2024/12 r. 28.]
52. Specifications not to be exceeded
(1) A person who installs a pipe, material, fixture or component as part of plumbing work for which the person is a responsible person must ensure that —
(a) the installation specifications specified by the manufacturer of the pipe, material, fixture or component are complied with; and
(b) the operating conditions specified by the manufacturer of the pipe, material, fixture or component will not be exceeded.
(2) Subregulation (1) does not apply if the manufacturers specifications for installation or operating conditions are inconsistent with the plumbing standards that apply to the plumbing.
[Regulation 52 inserted: Gazette 24 Apr 2015 p. 1513; amended: Gazette 29 Apr 2016 p. 1347; 13 Dec 2016 p. 5625; SL 2024/12 r. 29.]
declaration means a declaration under subregulation (2);
specified means specified in a declaration.
(2) The Board may, in writing and on the application of another person —
(a) declare that a specified plumbing standard does not apply to specified plumbing work or specified plumbing; or
(b) modify in a specified way a plumbing standard that applies to specified plumbing work or specified plumbing.
(3) A declaration has effect in accordance with its terms.
(4) The Board must not make a declaration unless satisfied that the declaration would not result in an increased risk to people, property or the environment and that making the declaration —
(a) is in the public interest; or
(b) is consistent with the purpose of any other written law or a Commonwealth law.
(5) A declaration may be made subject to specified conditions.
(6) If a declaration is made subject to a specified condition, the declaration has no effect at any time when the condition is being contravened.
(7) The Board may, by notice in writing, revoke or amend a declaration at any time and must serve the applicant for the original declaration with a copy of the notice.
(8) An application for a declaration must be made in an approved form and accompanied by the application fee set out in Schedule 1 Division 2.
[Regulation 54 inserted: Gazette 24 Apr 2015 p. 1514‑15; amended: SL 2020/196 r. 54.]
Part 6A — Plumbing standards for plumbing work on subdivided land
[Heading inserted: SL 2020/132 r. 7; amended: SL 2025/70 r. 13.]
55. Terms used
In this Part —
common property, in relation to subdivided land, means a part of the land shown on a proposed scheme plan as common property;
connection point, for a lot on subdivided land, means a drainage plumbing connection point or water supply plumbing connection point on the lot;
drainage plumbing connection point, for a lot on subdivided land, means a point on the lot at which the main drain for a building on the lot can be connected to a drainage plumbing service line;
drainage plumbing service line, for a lot on subdivided land, means a pipe used or intended to be used to convey wastewater or other waste from a drainage plumbing connection point for the lot to a sewerage system, apparatus for the treatment of sewage or greywater diversion device or treatment system;
lot, in relation to subdivided land, means a part of the land shown on a proposed scheme plan as a lot that is not land shown on the plan as common property, a road or reserve;
proposed scheme plan, in relation to land, means —
(a) a scheme plan proposed to be registered for a survey‑strata scheme (as defined in the Strata Titles Act 1985 section 9) under the Strata Titles Act 1985; or
(b) a scheme plan proposed to be registered for a community titles (land) scheme (as defined in the Community Titles Act 2018 section 11(8)) under the Community Titles Act 2018;
service line, for a lot on subdivided land, means a drainage plumbing service line or water supply plumbing service line for the lot;
subdivided land means land the subject of a proposed scheme plan;
water supply plumbing connection point, for a lot on subdivided land, means a point on the lot at which water supply plumbing for a building on the lot can be connected to a water supply plumbing service line;
water supply plumbing service line, for a lot on subdivided land, means a pipe used or intended to be used for the supply of water from a water supply system to the water supply plumbing connection point for the lot.
[Regulation 55 inserted: SL 2020/132 r. 7; amended: SL 2021/71 r. 9; SL 2022/163 r. 8; SL 2024/12 r. 31.]
56. Connection points
(1) This regulation applies to plumbing work that is the installation of a connection point for a lot on subdivided land.
(2) A responsible person for the installation of a drainage plumbing connection point for the lot on subdivided land must ensure —
(a) the drainage plumbing connection point is —
(i) installed for the lot; and
(ii) subject to regulation 58(3), installed on the lot; and
(iii) installed at a depth that is sufficient to ensure that drainage plumbing for a building on the lot can be connected to the connection point in accordance with the minimum grades set out in the AS/NZS 3500.2 (Sanitary plumbing and drainage) clause 3.4; and
(iv) of a size, type and quality to perform the function for which it is installed;
and
(b) a pipe is placed immediately above where the drainage plumbing connection point is located that has —
(i) a nominal diameter of 40 mm; and
(ii) tape attached to the pipe that indicates that a drainage plumbing connection point is underneath the pipe; and
(iii) a 40 mm cap placed on the exposed end of the pipe.
(3) A responsible person for the installation of a water supply plumbing connection point for the lot on subdivided land must ensure —
(a) the water supply plumbing connection point is —
(i) installed for the lot; and
(ii) subject to regulation 58(3), installed on the lot; and
(iii) of a size, type and quality to perform the function for which it is installed;
and
(b) a pipe is placed immediately above where the water supply plumbing connection point is located that has —
(i) a nominal diameter of 40 mm; and
(ii) tape attached to the pipe that indicates that a water supply plumbing connection point is underneath the pipe; and
(iii) a 40 mm cap placed on the exposed end of the pipe.
[Regulation 56 inserted: SL 2020/132 r. 7; amended: SL 2024/12 r. 32; SL 2025/70 r. 14.]
57. Service lines
internal boundary, in relation to a lot on subdivided land, means the boundary of the lot on subdivided land as shown on the proposed scheme plan, other than the part of the boundary of the lot that is the main boundary;
main boundary, in relation to subdivided land, means a boundary of the subdivided land and other land not forming part of the subdivided land as shown on the proposed scheme plan.
(2) This regulation applies to plumbing work that is the installation of a service line for a lot on subdivided land.
(3) A responsible person for the installation of the service line for the lot on subdivided land must ensure that the service line is —
(a) installed for the lot; and
(b) installed within the main boundary of the subdivided land.
(3A) Despite subregulation (3)(b), a drainage plumbing service line that cannot be connected to a sewerage system, apparatus for the treatment of sewage or greywater diversion device or treatment system within the main boundary may be installed outside the main boundary to the extent necessary to connect the service line to the sewerage system, apparatus for the treatment of sewage or greywater diversion device or treatment system.
(4) A responsible person for the installation of the service line for the lot on subdivided land must ensure that the part of the service line that is installed on the lot or another lot on the subdivided land is —
(a) installed —
(i) parallel with the main boundary of the subdivided land; and
(ii) no more than 1.5 m from the main boundary;
or
(b) installed —
(i) parallel with an internal boundary of the lot; and
(ii) no more than 1 m from the internal boundary of the lot;
or
(c) if the lot is on subdivided land to which regulation 58 applies — installed in accordance with regulation 58(2).
(5) A responsible person for the installation of the service line for the lot on subdivided land must ensure that the service line is of a size, type and quality to perform the function for which it is installed.
[Regulation 57 inserted: SL 2020/132 r. 7; amended: SL 2024/12 r. 33; SL 2025/70 r. 15.]
58. Connection points and service lines on rear driveway for particular subdivided land
(1) This regulation applies to plumbing work that is the installation of a service line or connection point for a lot on subdivided land if the proposed scheme plan for the land shows that —
(a) the land will be divided into 2 lots; and
(b) 1 of the lots (the front lot) is between the other lot (the rear lot) and a street outside the subdivided land; and
(c) the proposed scheme plan shows the rear lot will only be connected to the street outside the subdivided land by a driveway (the rear driveway); and
(d) the rear driveway is part of the rear lot or is common property.
(2) A responsible person for the installation of the service line for the front lot or rear lot on the subdivided land may install, or cause to be installed, the service line for the lot anywhere on the part of the land the proposed scheme plan shows as the rear driveway.
(3) A responsible person for the installation of the connection point for the rear lot on the subdivided land may install, or cause to be installed, the connection point for the lot anywhere on the part of the land the proposed scheme plan shows as the rear driveway.
[Regulation 58 inserted: SL 2020/132 r. 7; amended: SL 2025/70 r. 16.]
59. Service lines on subdivided land with existing building to be moved to be in accordance with r. 57 and 58
(1) This regulation applies to plumbing work that is the installation of a service line for a lot on subdivided land if —
(a) the subdivided land has an existing building on it that is connected to existing service lines; and
(b) the existing building will be on 1 of the lots (the existing building lot) on the subdivided land; and
(c) the existing service lines for the existing building will not be wholly within the existing building lot.
(2) A responsible person for the installation of the service line must ensure that the service line for the existing building lot is installed in accordance with regulations 57 and 58.
[Regulation 59 inserted: SL 2020/132 r. 7; amended: SL 2021/71 r. 10; SL 2025/70 r. 17.]
[60‑65. Deleted: Gazette 24 Apr 2015 p. 1499.]
Part 7 — Inspection, investigation and enforcement
[Heading inserted: Gazette 28 Jun 2004 p. 2432.]
Division 1 — Plumbing compliance officers
[Heading inserted: Gazette 28 Jun 2004 p. 2432.]
66. Plumbing compliance officers, designation of and identity cards for
(1) The Board may, in writing, designate an employee of the Department or of a local government as a plumbing compliance officer for the purposes of one or more specified regulations in this Part.
(2) The Board is to give each plumbing compliance officer an identity card that includes —
(a) a recent passport‑size photograph of the person; and
(b) the person’s name; and
(c) a statement that the person is a plumbing compliance officer; and
(d) the regulation or regulations under which the compliance officer may exercise powers; and
(e) the expiry date of the card.
(3) A plumbing compliance officer must produce his or her identity card whenever asked to do so by a person apparently having charge of any land, premises or other thing in respect of which the officer has exercised or is about to exercise any power.
(4) Production of the identity card of a plumbing compliance officer is evidence in any court of the designation and powers of the officer unless evidence is given to the contrary.
[Regulation 66 inserted: Gazette 28 Jun 2004 p. 2432‑3.]
Division 2 — Inspection and rectification of plumbing work
[Heading inserted: Gazette 28 Jun 2004 p. 2433.]
67. Rules applying to entry for inspection purposes
(1) A plumbing compliance officer must not enter a place for inspection purposes other than in accordance with a power of entry given by or under these regulations.
(2) In this regulation —
inspection purposes has the meaning given in regulation 82.
[Regulation 67 inserted: Gazette 28 Jun 2004 p. 2433; amended: SL 2024/12 r. 34.]
68. Inspection of plumbing work by officer, notice of etc.
(1) The Board may give notice of inspection to a licensed plumbing contractor or permit holder in respect of plumbing work —
(a) for which the contractor or permit holder is responsible; or
(b) for which the contractor or permit holder has given, or is required to give, a certificate of compliance,
specifying —
(c) the plumbing that is to be inspected by a plumbing compliance officer; and
(d) what test or tests (if any) are to be carried out; and
(e) the time within which the inspection must take place (which must be at least 2 working days after the day on which notice is received).
(2) Notice under subregulation (1) may be oral.
(3) If the plumbing to be inspected is at a dwelling, the contractor or permit holder is, to the extent possible, to —
(a) arrange a time for the inspection with the occupier (or owner if there is no occupier) of the dwelling; and
(b) obtain the written consent of the occupier (or owner if there is no occupier) to the plumbing compliance officer, and any other necessary persons, entering the dwelling for the purposes of the inspection; and
(c) give the written consent to the plumbing compliance officer.
(4) The recipient of a notice under subregulation (1) must —
(a) provide, or arrange for the provision of, the equipment, material, power and labour necessary for the test or tests (if any); and
(b) ensure that the recipient or a licensee or permit holder whose licence or permit covers the type of work to be inspected is present at the time of the inspection.
(5) The Board is not to give notice of inspection to a licensed plumbing contractor or permit holder in respect of plumbing work more than 6 years after the work is completed (which, if no rectification notice in respect of the work has been given, is to be taken to be the time when the certificate of compliance for the work is given).
[Regulation 68 inserted: Gazette 28 Jun 2004 p. 2433‑5; amended: Gazette 7 Oct 2005 p. 4522‑3.]
69. Notice of inspection may be given to dwelling owner etc. in some cases
(1) The Board may give a notice of inspection to the occupier (or owner if there is no occupier) of a dwelling in respect of plumbing work carried out at the dwelling if —
(a) notice of inspection in respect of the work cannot be given to a licensed plumbing contractor or permit holder under regulation 68; or
(b) notice has been given to the licensed plumbing contractor or permit holder but the Board is satisfied that the contractor or permit holder is unlikely to comply with it.
(2) The notice of inspection must specify —
(a) the plumbing that is to be inspected by a plumbing compliance officer; and
(b) what test or tests (if any) are to be carried out; and
(c) when the inspection is to take place.
(3) A notice under this regulation must be given at least 2 working days before the day on which the inspection is specified to take place.
[Regulation 69 inserted: Gazette 28 Jun 2004 p. 2435; amended: Gazette 7 Oct 2005 p. 4523.]
70. Drainage plumbing work (major plumbing work) ready for inspection, notice to be given to Board of
(1) The licensed plumbing contractor responsible for major plumbing work that is drainage plumbing work must give the Board notice of the time at which the plumbing will be ready to be inspected and must give the notice —
(a) before the time; and
(b) in the manner,
nominated by the Board by notice published in the Gazette.
(2) The contractor may withdraw the notice by giving the Board at least one hour’s notice.
(3) The contractor must ensure that —
(a) the drainage plumbing is ready for inspection at the time notified; and
(b) the contractor or a licensee whose licence covers the type of work to be inspected is present at the time of the inspection if so requested by a plumbing compliance officer; and
(c) the plumbing is not covered until —
(i) a plumbing compliance officer is satisfied that the plumbing can be covered; or
(ii) the time of the inspection has passed and no inspection has taken place.
(4) If the drainage plumbing to be inspected is at a dwelling, the plumber is, to the extent possible, to —
(a) obtain the consent of the occupier (or owner if there is no occupier) of the dwelling to the plumbing compliance officer, and any other necessary persons, entering the dwelling for the purposes of the inspection; and
(b) give the written consent to the plumbing compliance officer.
[Regulation 70 inserted: Gazette 28 Jun 2004 p. 2435‑6; amended: Gazette 1 May 2007 p. 1896‑7; 29 Apr 2016 p. 1347.]
71. Rectification notices
(1) A plumbing compliance officer may give a rectification notice in respect of plumbing work if the officer is satisfied that —
(a) the plumbing work was not carried out in accordance with the plumbing standards that applied to the work at the time it was carried out; or
(b) the plumbing work —
(i) did not comply with the deemed-to-satisfy provisions in the Plumbing Code as modified in accordance with regulation 49 at the time the work was carried out; and
(ii) a notice of intention to include a performance solution was not given under regulation 45A for the work;
or
(c) the plumbing work included the installation of a pipe, material, fixture or component in respect of which regulation 52(1) applied and —
(i) the installation specifications specified by the manufacturer of the pipe, material, fixture or component were not complied with; or
(ii) the operating conditions specified by the manufacturer of the pipe, material, fixture or component were exceeded;
or
(d) the plumbing work was not carried out with reasonable care and skill.
(2) A rectification notice cannot be given more than 6 years after —
(a) unless paragraph (b) applies, the day on which —
(i) for major plumbing work or plumbing work that includes a performance solution — a certificate of compliance for the plumbing work was given under regulation 42(1) or 45B(1), as the case requires; or
(ii) for minor plumbing work that does not include a performance solution — the minor plumbing work was completed;
or
(b) if 1 or more previous rectification notices have been given in respect of the plumbing work — the day on which the most recent previous rectification notice in respect of the plumbing work was given.
(3) The rectification notice is to be in the approved form and must specify —
(a) the plumbing that is to be rectified; and
(b) the rectification that is required to be carried out; and
(c) whether the rectification must be carried out by a licensed plumbing contractor or permit holder; and
(d) the time within which the rectification must be carried out.
(4) The plumbing compliance officer may give the rectification notice to the licensed plumbing contractor or permit holder who —
(a) is responsible for the particular plumbing work; or
(b) has given, or is required to give, a certificate of compliance that covers the work.
(5) If the plumbing work was carried out by a person in contravention of regulation 9, the plumbing compliance officer may give the rectification notice to that person.
(6) If a rectification notice is given to a licensed plumbing contractor or permit holder the plumbing compliance officer must give a copy of it to —
(a) if the plumbing work relates to building work carried out under a building permit — the person named as the builder on the building permit; or
(aa) if the plumbing work is modular plumbing work — the person with control of the plumbing module; or
(b) otherwise — the owner of the place where the plumbing work was carried out.
(7) The plumbing compliance officer who gave a rectification notice, or the Board, may amend or revoke the notice by giving the person to whom it was given a notice in the approved form.
[Regulation 71 inserted: Gazette 24 Apr 2015 p. 1515‑17; amended: Gazette 13 Dec 2016 p. 5626; 18 Oct 2019 p. 3676‑7; SL 2024/12 r. 35 and 66; SL 2025/70 r. 18.]
72. Obligations in relation to rectification notices
(1) A person who is given a rectification notice must comply with the notice.
(2) A person who is given a rectification notice must, as soon as is practicable, notify —
(a) the plumbing compliance officer who gave the notice; or
(b) if the officer cannot be notified — the Board,
when the plumbing specified in the notice is rectified.
(3) A person who carries out plumbing work, or arranges for plumbing work to be carried out, because of a rectification notice given to the person is not entitled to any payment or other remuneration for the work.
(4) A person who carries out plumbing work, or arranges for plumbing work to be carried out, because of a rectification notice given to the person must not request payment or other remuneration for the work.
(5) If the person to whom a rectification notice is given fails to comply with the notice and the Board is of the opinion that the plumbing specified in the notice must be rectified without further delay —
(a) to prevent the waste or contamination of water supplied by a water supply system;
(b) to prevent the entry into a sewer or apparatus for the treatment of sewage of any matter that is likely to hinder or prevent the proper functioning of the sewer or apparatus;
(c) to prevent the escape of foul air or offensive or infectious matter from a sewer or apparatus for the treatment of sewage;
(d) to avert or rectify a dangerous situation,
a plumbing compliance officer may, with the approval of the Board, carry out the work or arrange for the work to be carried out.
(6) For the purposes of subregulation (5), the plumbing compliance officer may enter the place where the plumbing is located after obtaining, or attempting to obtain, the consent of the occupier (or owner if there is no occupier) of the place.
[Regulation 72 inserted: Gazette 28 Jun 2004 p. 2438‑9; amended: Gazette 29 Apr 2016 p. 1347-8; SL 2024/12 r. 36.]
73. Inspection of rectified plumbing work, fee for
(1) The Board may charge the person given a rectification notice a fee for any inspection of plumbing work carried out as a result of the rectification notice.
(2) The fee is the amount set out in Schedule 1 Division 2 for each hour or part‑hour of the inspection.
[Regulation 73 inserted: Gazette 28 Jun 2004 p. 2439; amended: SL 2020/196 r. 54.]
Division 3 — Infringement notices
[Heading inserted: Gazette 28 Jun 2004 p. 2440.]
74. Terms used
In this Division —
authorised person means —
(a) a plumbing compliance officer; or
(b) a person designated under regulation 80 by the Board to be an authorised person for the purposes of the regulation in which the term is used;
prescribed offence means an offence against a regulation listed in the Table to regulation 75(3).
[Regulation 74 inserted: Gazette 29 Apr 2016 p. 1348.]
75. Issue of infringement notices
(1) An authorised person who has reason to believe that a person has committed a prescribed offence may, within 12 months after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.
(2) The infringement notice is to be in the form set out in Schedule 4 Form 1.
(3) In an infringement notice the amount specified as being the amount of the modified penalty for the offence referred to in the notice is to be the amount that was the modified penalty for that offence as set out in the Table to this subregulation at the time the alleged offence is believed to have been committed.
[Regulation 75 inserted: Gazette 28 Jun 2004 p. 2440; amended: Gazette 24 Apr 2015 p. 1517; 29 Apr 2016 p. 1348‑9; 13 Dec 2016 p. 5625 and p. 5629; 18 Oct 2019 p. 3677; SL 2020/132 r. 8; SL 2024/12 r. 37.]
76. Extending time to pay modified penalty
(1) An authorised person may, in a particular case, extend the period within which the modified penalty specified in an infringement notice may be paid and the extension may be allowed whether or not that period has elapsed.
(2) An authorised person may not extend the period within which a modified penalty specified in an infringement notice may be paid if the authorised person gave the infringement notice.
[Regulation 76 inserted: Gazette 29 Apr 2016 p. 1349.]
77. Withdrawing infringement notice
(1) An authorised person may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the form set out in Schedule 4 Form 2 stating that the infringement notice has been withdrawn.
(2) If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.
(3) An authorised person may not withdraw an infringement notice if the authorised person gave the infringement notice.
[Regulation 77 inserted: Gazette 28 Jun 2004 p. 2441; amended: Gazette 29 Apr 2016 p. 1349.]
78. Payment of modified penalty, consequences of
(1) Subregulation (2) applies if the modified penalty specified in an infringement notice has been paid within 28 days after the day on which the notice was given, or such further time as is allowed, and the notice has not been withdrawn.
(2) If this subregulation applies it prevents the bringing of proceedings and the imposition of penalties to the same extent that they would be prevented if the alleged offender had been convicted by a court of, and punished for, the alleged offence.
(3) Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.
[Regulation 78 inserted: Gazette 28 Jun 2004 p. 2441.]
79. Paid modified penalties, application of
An amount paid as a modified penalty is, subject to regulation 77(2), to be dealt with as if it were a penalty imposed by a court as a penalty for an offence.
[Regulation 79 inserted: Gazette 28 Jun 2004 p. 2442.]
80. Designation of employee of department as authorised person
(1) The Board may, in writing, designate an employee of the department to be an authorised person for the purposes of regulation 75, 76 or 77.
(2) The Board is to issue to each person who is designated under subregulation (1) a certificate of that person’s authorisation.
(3) An authorised person must, at the request of a person to whom an infringement notice has been given, produce the certificate given to the person under subregulation (2).
[Regulation 80 inserted: Gazette 29 Apr 2016 p. 1350.]
Division 4 — Dangerous situations
[Heading inserted: Gazette 28 Jun 2004 p. 2442.]
81. Plumbing compliance officers’ powers to deal with dangerous situations
(1) If a plumbing compliance officer suspects on reasonable grounds —
(a) that a dangerous situation exists; and
(b) that immediate measures are needed in order to assess, reduce, eliminate or avert the risk to people, property or the environment,
the officer may take those measures.
(2) For the purposes of subregulation (1), a plumbing compliance officer may —
(a) enter any place; and
(b) prevent persons other than those authorised by a plumbing compliance officer from entering the area where the dangerous situation exists; and
(c) direct a person to leave or not to enter the area where the dangerous situation exists; and
(d) take any other action that is necessary and incidental.
(3) A plumbing compliance officer’s powers under this regulation are in addition to the other powers of a plumbing compliance officer under this Part and may be exercised whether or not a rectification notice has been given to any person.
[Regulation 81 inserted: Gazette 28 Jun 2004 p. 2442‑3.]
Division 5 — Powers of entry, inspection and investigation
[Heading inserted: Gazette 28 Jun 2004 p. 2443.]
82. Terms used
In these regulations —
compliance purposes means the purposes of —
(a) investigating whether Part 3, 4A, 5, 6 or 7 is being or has been complied with; and
(b) obtaining evidence of a contravention of Part 3, 4A, 5, 6 or 7;
inspection purposes means the purposes of —
(a) investigating whether plumbing complies with the plumbing standards (including carrying out tests on plumbing); and
(b) obtaining evidence of a contravention of the plumbing standards.
[Regulation 82 inserted: Gazette 28 Jun 2004 p. 2443; amended: Gazette 13 Dec 2016 p. 5626.]
83. Power to enter for inspection or compliance purposes
(1) A plumbing compliance officer may, for inspection or compliance purposes, enter a place that is not a dwelling at any reasonable time.
(2) A plumbing compliance officer may, for inspection or compliance purposes, enter a place that is a dwelling if —
(a) the consent of the occupier (or owner if there is no occupier) has been obtained; or
(b) plumbing work is being carried out at the dwelling at the time the officer proposes to enter the dwelling; or
(c) entry is authorised by an entry warrant.
(3) If a notice of inspection has been given to the occupier (or owner if there is no occupier) of a dwelling under regulation 69, a plumbing compliance officer may enter the dwelling without the consent of the occupier or owner for inspection purposes —
(a) at the time specified in the notice; and
(b) on subsequent occasions if necessary to fulfil the purposes of the notice,
unless the occupier or owner, or a person authorised by the occupier or owner, objects to the entry.
(4) If a notice of intended entry has been given to the occupier (or owner if there is no occupier) of a dwelling under regulation 84, a plumbing compliance officer may enter the dwelling without the consent of the occupier or owner for compliance purposes —
(a) at the time specified in the notice; and
(b) on subsequent occasions if necessary to fulfil the purposes of the notice,
unless the occupier or owner, or a person authorised by the occupier or owner, objects to the entry.
[Regulation 83 inserted: Gazette 28 Jun 2004 p. 2444‑5.]
84. Notice of intention to enter dwelling, issue of
(1) If entry to a dwelling is needed for compliance purposes, a notice of intended entry may be given to the occupier (or owner if there is no occupier) of the dwelling that is to be entered.
(2) The notice is to specify the purpose for which the entry is required and continues to have effect for so long as that requirement continues.
(3) The notice is to be given at least 24 hours before the power of entry is exercised.
(4) Successive entries for the purpose specified in the notice are to be regarded as entries to which that notice relates.
[Regulation 84 inserted: Gazette 28 Jun 2004 p. 2445.]
85. General powers for inspection and compliance purposes
(1) Upon entry to a place under this Division, a plumbing compliance officer may, for inspection or compliance purposes —
(a) require a person having the control or custody of the place to give reasonable access to it and other reasonable assistance; or
(b) inspect or examine the place; or
(c) direct a person to produce any document that is or may be relevant to the inspection; or
(d) inspect any document produced, make copies of it or take extracts from it, and remove it for as long as is reasonably necessary to make copies or extracts; or
(e) direct a person to answer questions.
(2) Upon entry to a place under this Division, a plumbing compliance officer may, for inspection purposes —
(a) carry out, or supervise, reasonable tests on the plumbing; or
(b) take photographs of or make other recordings of the place and plumbing; or
(c) take or remove for analysis or examination samples of any thing relating to plumbing or plumbing work in the place.
(3) A person is not excused from answering a question that a plumbing compliance officer has directed him or her to answer on the ground that the answer to the question might tend to incriminate the person, but —
(a) the answer to the question; or
(b) any information, record or thing obtained as a direct consequence of the answer to the question,
is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence against regulation 90(3).
[Regulation 85 inserted: Gazette 28 Jun 2004 p. 2445‑6.]
86. Entry warrants
(1) A justice may by warrant authorise a plumbing compliance officer, together with such other persons as are named or described in the warrant (including police officers), to enter any place for the purposes specified in the warrant, using such force as is necessary.
(2) The justice may grant the entry warrant if and only if satisfied that the entry is reasonably required for inspection or compliance purposes but —
(a) entry has been refused or is opposed or prevented; or
(b) entry cannot be obtained; or
(c) notice cannot be given to the occupier (or owner if there is no occupier) of the place under regulation 69 or 84 without frustrating the purpose of the entry, without unreasonable difficulty or without unreasonably delaying entry.
(3) An entry warrant must contain the following information —
(a) a reasonably particular description of the location of the place to which it relates;
(b) a reasonably particular description of the purposes for which entry to the place is authorised;
(c) the period, not exceeding 7 days, in which it may be executed;
(d) the date and time when it was issued.
(4) If a plumbing compliance officer enters a place under the authority of an entry warrant, the officer must —
(a) if requested to do so by the occupier, give the occupier a copy of the entry warrant; or
(b) if the occupier is not there, leave a copy of the entry warrant at the place for the occupier or owner.
[Regulation 86 inserted: Gazette 28 Jun 2004 p. 2446‑7.]
87. Assistants and equipment, use of
Entry by a plumbing compliance officer under this Part (other than under an entry warrant) may be made with such assistants and equipment as are considered necessary for the purpose for which entry is required.
[Regulation 87 inserted: Gazette 28 Jun 2004 p. 2447.]
88. Purpose of entry to be given on request
A plumbing compliance officer who enters or who has entered a place must, if requested to do so, give particulars of the power by virtue of which the officer claims a right of entry.
[Regulation 88 inserted: Gazette 28 Jun 2004 p. 2448.]
Division 6 — General provisions
[Heading inserted: Gazette 28 Jun 2004 p. 2448.]
89. Remedial action by State under r. 72(5) or 81, recovering cost of
(1) The State may recover any reasonable costs and expenses incurred under regulation 72(5) or 81 in a court of competent jurisdiction as a debt due to the State.
(2) Costs and expenses incurred under regulation 72(5) are recoverable from the person given the rectification notice under regulation 71.
(3) Costs and expenses incurred under regulation 81 are recoverable jointly and severally from the person or persons who carried out the plumbing work that gave rise to the dangerous situation.
(4) Costs and expenses incurred under regulation 81 are not recoverable from a person who proves that —
(a) the dangerous situation was due to the act or default of another person; and
(b) the person took all reasonably practicable measures to prevent the dangerous situation; and
(c) the dangerous situation was not attributable to an employee, agent or subcontractor of the person.
(5) For the purposes of subregulation (3), plumbing work under Part 4A is taken to have been carried out by the relevant service provider.
[Regulation 89 inserted: Gazette 28 Jun 2004 p. 2448; amended: Gazette 13 Dec 2016 p. 5626.]
90. Offences
(1) A person who does not comply with a direction given by a plumbing compliance officer under this Part commits an offence.
(2) A person who obstructs a plumbing compliance officer, or a person assisting the officer, in the exercise of a power under this Part commits an offence.
(3) A person who, having been directed under this Part by a plumbing compliance officer to answer a question or to give the officer a document, gives the officer information that the person knows is false or misleading in a material particular commits an offence.
(4) It is a defence to a charge under this regulation to prove that the person charged had a reasonable excuse.
[Regulation 90 inserted: Gazette 28 Jun 2004 p. 2449; amended: Gazette 29 Apr 2016 p. 1350.]
Part 8 — Miscellaneous provisions
[Heading inserted: Gazette 28 Jun 2004 p. 2449.]
100. Application to SAT for review of certain decisions of Board
(1) This regulation applies to a decision of the Board —
(a) to refuse to issue a licence or permit; or
(b) to refuse to renew a licence or permit; or
(c) to impose a condition on a licence or permit; or
(d) to change, remove or add a condition to a licence or permit; or
(e) to take action under regulation 31(2); or
(ea) to make a declaration under regulation 39A(2); or
(eb) to refuse to revoke a declaration under regulation 39A(3); or
(f) to refuse to make a declaration under regulation 54; or
(g) to impose a condition on a declaration made under regulation 54.
(2) A person who is aggrieved by a decision to which this regulation applies may, within 28 days after the person receives notice of the decision, apply to the State Administrative Tribunal for a review of the decision.
[Regulation 100, formerly regulation 41, renumbered as regulation 100: Gazette 28 Jun 2004 p. 2449; amended: Gazette 30 Dec 2004 p. 6930; 7 Oct 2005 p. 4524; 29 Apr 2016 p. 1351; 13 Dec 2016 p. 5626.]
[101. Deleted: Gazette 30 Dec 2004 p. 6930.]
102. Register of licences and permits
(1) The Board is to keep a register of licences and permits in such form as the Board determines.
(2) The register is to be available for public inspection at the office of the Board during normal office hours.
(3) A person may obtain from the Board a copy of the register.
(4) A person may obtain from the Board an extract from the register relating to a particular licence or permit.
(5) The Board may remove address, telephone or email address information from —
(a) the copy of the register that is available for inspection under subregulation (2); or
(b) a copy of the register that is provided under subregulation (3); or
(c) an extract from the register that is provided under subregulation (4).
[Regulation 102, formerly regulation 43, renumbered as regulation 102: Gazette 28 Jun 2004 p. 2449 and amended: Gazette 28 Jun 2004 p. 2450; 7 Oct 2005 p. 4524; 26 Jun 2007 p. 3069; SL 2020/196 r. 54; SL 2024/12 r. 38; SL 2025/89 r. 38.]
103. Contents of register
The register is to contain the following information in respect of each licence or permit —
(a) the class of licence or permit;
(b) the full name of the licensee or permit holder;
(ba) the licensee or permit holder’s residential or business address, telephone number and email address;
(c) the licence or permit number;
(d) the day on which the licence or permit was issued;
(e) the terms and conditions of the licence or permit;
(f) the type or types of plumbing work which the licence or permit authorises the licensee or permit holder to carry out.
[Regulation 103, formerly regulation 44, renumbered as regulation 103: Gazette 28 Jun 2004 p. 2449 and amended: Gazette 28 Jun 2004 p. 2450; 7 Oct 2005 p. 4524; 26 Jun 2007 p. 3069; SL 2024/12 r. 39.]
104. Register, Board may amend etc.
(1) The Board may make such amendments, additions and corrections to the register as are necessary to ensure that the register is an accurate record of the information it contains.
(2) For the purposes of subregulation (1), the Board may, by written notice, require a licensee or permit holder to give it any information covered by regulation 103 that relates to the licensee or permit holder within 28 days of the notice being given.
(3) A licensee or permit holder must comply with a notice given to the licensee or permit holder under subregulation (2).
[Regulation 104, formerly regulation 45, renumbered as regulation 104: Gazette 28 Jun 2004 p. 2449 and amended: Gazette 28 Jun 2004 p. 2450; 7 Oct 2005 p. 4524; 29 Apr 2016 p. 1351.]
105. Licensee or permit holder must notify Board of change in details
A licensee or permit holder must notify the Board in writing of a change in the licensee’s or permit holder’s name, address, telephone number or email address recorded on the register under regulation 103(b) or (ba) no later than 14 days after the change occurs.
Penalty: a fine of $1 000.
[Regulation 105, formerly regulation 46, renumbered as regulation 105: Gazette 28 Jun 2004 p. 2449; amended: Gazette 7 Oct 2005 p. 4525; 26 Jun 2007 p. 3069; 29 Apr 2016 p. 1351; SL 2024/12 r. 40.]
106. Forms, approval of etc.
(1) A notice, certificate, application or other document is in the approved form if —
(a) it is in the form approved in writing by the Board in relation to that kind of notice, certificate, application or other document; and
(b) it contains the information that the form requires, and is accompanied by such further information as the form requires; and
(c) it is given at the place and in the manner that the Board requires (if any).
(2) In addition to the Board’s power under subregulation (1), the Board may require that the notice and certificates that must be given under regulations 41(1), 42(1), 45A(1), 45B(1) and 111(3) —
(a) be printed with a specified number of self‑duplicating copies of specified colours; and
(b) be printed in specified combinations; and
(c) be numbered as specified by the Board.
(3) The Board must make available notices and certificates required under regulations 41(1), 42(1), 45A(1), 45B(1) and 111(3) that comply with the Board’s approval and requirements under this regulation.
(4) If a fee is set out in Schedule 1 Division 2 for notices and certificates referred to in subregulation (3), the Board may charge a fee for the notices and certificates that does not exceed the relevant fee set out in that Division.
[Regulation 106 inserted: Gazette 28 Jun 2004 p. 2451; amended: Gazette 13 Dec 2016 p. 5629; 23 Jun 2017 p. 3248; 18 Jun 2019 p. 2107; 18 Oct 2019 p. 3677; SL 2020/196 r. 54; SL 2023/35 r. 38.]
107. Evidentiary provisions
(1) In proceedings for an offence against these regulations a certificate in accordance with subregulation (2) purporting to be signed by the chairperson is, without proof of the chairperson’s appointment or signature, evidence of the facts stated in the certificate.
(2) A certificate may state any of the following —
(a) that a licence or permit is or was, or is not or was not, held by a person;
(b) the terms and conditions of a licence or permit;
(c) that a licence or permit is or was, or is not or was not, in force;
(d) the day or days on which, or period during which, anything referred to in paragraph (a), (b) or (c) applied.
(3) In proceedings for an offence against these regulations or in proceedings in relation to a disciplinary matter, any of the following matters may be presumed, unless there is evidence to the contrary, if a plumbing compliance officer has given a signed certificate as to the matter —
(a) that particular plumbing work has been carried out;
(b) that particular plumbing work has been carried out by a particular person;
(c) that particular plumbing work does or does not meet the plumbing standards.
[Regulation 107, formerly regulation 47, renumbered as regulation 107: Gazette 28 Jun 2004 p. 2449 and amended: Gazette 28 Jun 2004 p. 2452; 7 Oct 2005 p. 4525.]
108. Information about Board, Board may publish
The Board may publish information concerning the performance by the Board of its functions under the Act.
[Regulation 108 inserted as regulation 47B: Gazette 12 Sep 2003 p. 4080; renumbered as regulation 108: Gazette 28 Jun 2004 p. 2449.]
109. Information that may be disclosed
(1) For the purposes of section 60B(2)(b) of the Act —
(a) information may be disclosed to a person or body who or which has functions relating to the regulation of plumbing work under the law of this or another State, a Territory or the Commonwealth; and
(b) details of property on which plumbing work has been carried out may be disclosed to a water services provider if the disclosure is in accordance with an arrangement between the Board and the water services provider.
(2) For the purposes of section 60B(2)(d) of the Act, a plumbing compliance officer may disclose information obtained in the course of duty to a relevant person for the purpose of assisting the relevant person to carry out a function under —
(a) the Building Services (Complaint Resolution and Administration) Act 2011; or
(b) the Electricity Act 1945; or
(c) the Energy Coordination Act 1994; or
(d) the Gas Standards Act 1972; or
(e) the Water Efficiency Labelling and Standards Act 2006.
(3) In subregulation (2) —
relevant person means —
(a) the Building Commissioner designated under the Building Services (Complaint Resolution and Administration) Act 2011 section 85(1); or
(b) the Director of Energy Safety referred to in the Energy Coordination Act 1994 section 5; or
(c) a person designated as an inspector under the Energy Coordination Act 1994 section 12(2); or
(d) a WELS inspector appointed under the Water Efficiency Labelling and Standards Act 2006 section 45(1).
(4) For the purposes of section 60B(2)(d) of the Act, information obtained in the course of duty may be recorded, disclosed or used for the purposes of education or training if the information could not reasonably be expected to enable particulars relating to any person or business to be ascertained.
[Regulation 109 inserted: Gazette 26 Jun 2007 p. 3070; amended: SL 2024/12 r. 41.]
109A. Refund of fees
(1) The Board may, on the application of a person who has paid a fee under these regulations, refund all or part of the fee if the Board considers it appropriate to do so.
(2) The Board may require the applicant to provide any information that the Board considers necessary for the purposes of determining the application.
[Regulation 109A inserted: SL 2024/12 r. 42.]
Part 9 — Transitional provisions
[Heading inserted: SL 2024/12 r. 43.]
110. Transitional provision for Plumbers Licensing and Plumbing Standards Amendment Regulations 2019
The plumbing standards that apply on and after 1 May 2019 to plumbing and plumbing work commenced, but not completed, before that date are the plumbing standards as they stood at the time the plumbing or plumbing work was commenced.
[Regulation 110 inserted: Gazette 9 Apr 2019 p. 1060.]
111. Transitional provisions for Plumbers Licensing and Plumbing Standards Amendment Regulations (No. 3) 2019
former regulation 44 means regulation 44 as in force immediately before 1 January 2020.
(2) The amendments made by the Plumbers Licensing and Plumbing Standards Amendment Regulations (No. 3) 2019 regulation 7 apply in relation to minor plumbing work completed on or after 1 January 2020.
(3) If a certificate under former regulation 44 was not given before 1 January 2020 in relation to any minor plumbing work completed by or for a licensed plumbing contractor or permit holder in a month that ended before 1 January 2020, the contractor or permit holder must —
(a) complete a certificate that complies with the requirements of former regulation 44 for all minor plumbing work completed by or for the contractor or permit holder in that month; and
(b) give the certificate to the Board within 20 working days after 31 December 2019.
(4) On application by a licensed plumbing contractor or permit holder, the Board must refund the fee paid under regulation 106(3) for any unused certificate obtained for the purpose of certifying minor plumbing work under former regulation 44 or this regulation.
[Regulation 111 inserted: Gazette 18 Oct 2019 p. 3678.]
112. Transitional provisions for Plumbers Licensing and Plumbing Standards Amendment Regulations 2022
commencement day means 1 May 2023;
pre‑commencement delivery temperature requirements means the requirements —
(a) set out in AS/NZS 3500.4:2018 (Heated water services) clauses 1.11.2 and 1.11.3; and
(b) applied under Part 6 as in force immediately before commencement day.
(2) The pre‑commencement delivery temperature requirements apply in relation to the following plumbing and plumbing work —
(a) a new heated water installation commenced during the period of 12 months beginning on commencement day;
(b) a solar water heater installation, commenced during the period of 12 months beginning on commencement day, that is replacing or relocating an existing water heater.
(3) The plumbing standards that apply on and after commencement day to plumbing and plumbing work commenced, but not completed, before commencement day are the plumbing standards as in force at the time the work for the plumbing or plumbing work was commenced.
[Regulation 112 inserted: SL 2022/163 r. 9
113. Transitional provision for Commerce Regulations Amendment (Plumbing) Regulations 2024: sanitary plumbing work, drainage plumbing work, major plumbing work and minor plumbing work
commencement day means the day on which the Commerce Regulations Amendment (Plumbing) Regulations 2024 regulation 7 comes into operation;
former regulation 3(1) means regulation 3(1) as in force immediately before commencement day;
former regulation 4 means regulation 4 as in force immediately before commencement day.
(2) Despite regulation 4A, sanitary plumbing work that commenced before commencement day is taken not to be sanitary plumbing work for the purposes of these regulations if, when the work commenced, it was not sanitary plumbing work under former regulation 4.
(3) Despite regulation 4B, drainage plumbing work that commenced before commencement day is taken not to be drainage plumbing work for the purposes of these regulations if, when the work commenced, it was not drainage plumbing work under former regulation 4.
(4) Despite anything to the contrary in regulation 3(1), plumbing work that commenced before commencement day is taken to be major plumbing work for the purposes of these regulations if, when the work commenced, it was major plumbing work under former regulation 3(1).
(5) Despite anything to the contrary in regulation 3(1), plumbing work that commenced before commencement day is taken to be minor plumbing work for the purposes of these regulations if, when the work commenced, it was minor plumbing work under former regulation 3(1).
[Regulation 113 inserted: SL 2024/12 r. 44.]
114. Transitional provision for Commerce Regulations Amendment (Plumbing) Regulations 2024: water supply plumbing work
commencement day means the day on which the Commerce Regulations Amendment (Plumbing) Regulations 2024 regulation 57 comes into operation;
former regulation 4 means regulation 4 as in force immediately before commencement day.
(2) Despite regulation 4, water supply plumbing work that commenced before commencement day is taken not to be water supply plumbing work for the purposes of these regulations if, when the work commenced, it was not water supply plumbing work under former regulation 4.
[Regulation 114 inserted: SL 2024/12 r. 67.]
115. Transitional provision for Commerce Regulations Amendment (Plumbing) Regulations 2024: rainwater storage support work
commencement day means the day on which the Commerce Regulations Amendment (Plumbing) Regulations 2024 regulation 62 comes into operation.
(2) This regulation applies in relation to a person who, if they were an applicant for a restricted plumbing permit (rainwater storage) under regulation 15, would meet the requirements set out in Schedule 3 clause 8(2)(b) to (d).
(3) Despite regulation 9(1), the person may, without a licence or permit, carry out work that would be authorised under a restricted plumbing permit (rainwater storage) during the period —
(a) beginning on commencement day; and
(b) ending —
(i) if, during the period of 4 months beginning on commencement day, the Board accepts an application by the person for a restricted plumbing permit (rainwater storage) under regulation 15 — on the day on which the Board issues or refuses to issue the permit under regulation 17; or
(ii) otherwise — on the day after the period of 4 months beginning on commencement day.
[Regulation 115 inserted: SL 2024/12 r. 67.]
[Division 1 (r. 116 and 117) and Division 2 (r. 120-124) deleted: Gazette 29 Apr 2016 p. 1352.]