The Act establishes a licensing‑linked compliance regime for on‑site plumbing and drainage: pre‑notification, inspections, certified completion, and mandatory use of regulator‑authorised fittings, with powers to inspect, require remedial work or disconnection, recover costs and impose penalties.
It affects licensed tradespeople, responsible contractors/supervisors, owners/occupiers and the plumbing regulator. It matters because it centralises monitoring and enforcement to protect public health, while creating compliance costs, timing risks and delegated local implementation.
This Act establishes a statutory framework for the regulation, inspection and enforcement of on-site plumbing and drainage work in New South Wales. It defines what constitutes plumbing and drainage work (s 4), who is the responsible person for such work (s 5), and prescribes mandatory regulatory processes for that work: who may carry it out (s 6), the standards to be met (s 7), the fittings that may be used (s 8, s 20), requirements to pre-notify work to the plumbing regulator (s 9), inspection procedures (ss 12-14), obligations to supply certificates and plans on completion (ss 15-16), and duties to notify defective installations discovered during work (s 11). The plumbing regulator is given monitoring and public‑health functions (s 19), powers to authorise fittings and to delegate functions (ss 20-21), and inspection and enforcement powers are set out across Parts 3 and 4, distinguishing inspectors and enforcement officers (ss 22-23) and defining their entry, inspection and warrant powers (ss 26-36). The Act provides for civil and criminal responses, including directions, appeals to the Land and Environment Court (s 39), injunctions (s 40), penalty notices (s 41) and summary proceedings (s 42). It also contains transitional and savings provisions and enables regulations for fees, exemptions and staged commencements (Schedule 1, cl 2; s 52).
Mechanically, the Act creates a regulatory cycle of pre-notification, inspection and certification for on-site plumbing and drainage work. Responsible persons must ensure code compliance (s 7) and use authorised fittings (s 8), pre-notify works to the plumbing regulator (s 9) except in specified emergency cases (s 10), make the work available for inspection (s 13) and give certificates of compliance and plans on completion (ss 15-16). Failure to observe these duties can attract directions from the plumbing regulator requiring remedial action, disconnection or uncovering of work (s 14), monetary penalties (usually up to 100 penalty units for individuals and higher for corporations in some sections), and enforcement by authorised officers exercising entry, inspection, sample-taking and evidentiary powers (Parts 4 and 5).
Current sections
Direct links to the current provisions in Plumbing and Drainage Act 2011.
(e) a local council or county council exercising water or sewerage functions.
performance solution has the same meaning as in the Plumbing Code of Australia.
plumbing and drainage work—see section 4.
Plumbing Code of Australia means the document entitled the Plumbing Code of Australia, produced for all State governments by the Australian Building Codes Board, as in force from time to time.
plumbing installation—see section 4.
plumbing regulatormeans the Secretary of the department in which this Act is administered.
pre-notified—see section 9.
premises includes land and buildings.
repair includes make good, replace, reconstruct, remove, alter, cleanse or clear.
responsible person—see section 5.
sanitary drainage system—see section 4.
sanitary plumbing system—see section 4.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
(3) For the purposes of this Act, plumbing and drainage work does not involve a proposed performance solution if it is carried out in relation to an existing performance solution and it does not change the design of the existing performance solution.
s 3: Am 2013 No 47, Sch 1.20 [1]; 2017 No 22, Sch 4.34 [1] [2]; 2017 No 65, Sch 2.23 [1]; 2018 No 43, Sch 2.2 [1] [2]; 2021 No 26, Sch 2.11; 2022 No 59, Sch 3.53; 2024 No 53, Sch 3.7.
4
Plumbing and drainage work—meaning
4 Plumbing and drainage work—meaning
4 Plumbing and drainage work—meaning
Note—
The plumbing and drainage work to which this Act applies is commonly referred to as on-site plumbing and drainage work.
(1) In this Act, plumbing and drainage work means—
(a) the construction of, or work on, a plumbing installation that connects, directly or indirectly, with a network utility operator’s water supply system, downstream from the point of connection to a network utility operator’s water supply system, or
(b) the construction of, or work on, a plumbing installation that connects, directly or indirectly, with any other water supply system, if the construction or work is residential building work within the meaning of the Home Building Act 1989, or
(c) the construction of, or work on, a sanitary plumbing system, or
(d) the construction of, or work on, a sanitary drainage system upstream from its point of connection to—
(i) a system for the disposal of sewerage, or
(ii) a system for the re-use of sewerage or other wastewater, or
(iii) an on-site wastewater management or treatment system, or
(iv) a network utility operator’s sewerage system, or
(e) any other type of construction or work declared by the regulations to be plumbing and drainage work.
(2) A plumbing installation means an installation that conveys, or controls the conveyance of, water but does not include anything connected to, extending or situated beyond the outlet from a fixture, fitting or pressurised line.
(3) A sanitary plumbing system means an assembly of pipes, fittings, fixtures and appliances used to collect and convey sewage to a sanitary drainage system.
(4) A sanitary drainage system means an assembly of pipes, fittings and apparatus (usually located below ground level) used to collect and convey the discharge from a sanitary plumbing system, together with discharge from fixtures directly connected to a drain, to a sewer.
(5) Subject to the regulations, plumbing and drainage work does not include any of the following work—
(a) the construction of, or work on, stormwater pipes,
(b) the construction of, or work on, fire suppression systems,
(c) the construction of, or work on, network utility operator, local council, joint organisation or county council water or stormwater mains, sewers or sewerage systems,
(d) roof plumbing work (being work declared by the regulations under the Home Building Act 1989 to be roof plumbing work),
(e) exempt owner/occupier work, being work that—
(i) involves repairing a tap or showerhead in a dwelling (other than a repair of a thermostatic mixing valve, tempering valve or backflow prevention device) or the installation of water-restricting or flow-regulating devices to tap end fittings (including showerheads) in a dwelling, and
(ii) is carried out by the owner or occupier of the dwelling, or a person authorised to carry out the work by the owner or occupier of the dwelling who does not receive payment or other consideration for carrying out the work.
Note—
Work excluded from the definition of plumbing and drainage work still has to be done in accordance with any other relevant legislation, for example the Home Building Act 1989.
s 4: Am 2013 No 47, Sch 1.20 [2]; 2017 No 65, Sch 2.23 [2].
5
Responsible person for plumbing and drainage work
5 Responsible person for plumbing and drainage work
5 Responsible person for plumbing and drainage work
In this Act, the responsible person for plumbing and drainage work means—
(a) in the case of work carried out or proposed to be carried out by the holder of an endorsed contractor licence or a supervisor certificate under the Home Building Act 1989 authorising the holder to do the work, the holder of that licence or certificate, or
(b) in the case of work carried out or proposed to be carried out under the immediate or general supervision of the holder of an endorsed contractor licence or a supervisor certificate under the Home Building Act 1989 authorising the holder to supervise the work, the holder of the endorsed contractor licence or supervisor certificate.
Part 2
Plumbing and drainage work
Part 2 Plumbing and drainage work
Part 2 Plumbing and drainage work
Division 1
General requirements for plumbing and drainage work
Division 1 General requirements for plumbing and drainage work
Division 1 General requirements for plumbing and drainage work
6
Plumbing and drainage work to be carried out only by authorised persons
6 Plumbing and drainage work to be carried out only by authorised persons
6 Plumbing and drainage work to be carried out only by authorised persons
(1) A person must not do any kind of plumbing and drainage work unless the person—
(a) holds an endorsed contractor licence or a supervisor certificate in force under the Home Building Act 1989 authorising the holder to do that kind of work, or
(b) does the work under the immediate supervision of the holder of such a licence or certificate, or
(c) holds a tradesperson certificate in force under the Home Building Act 1989 authorising the holder to do that work under supervision and does that work under the general supervision of the holder of a licence or certificate referred to in paragraph (a).
Maximum penalty—100 penalty units.
(2) A person cannot be found guilty of both an offence under this section and a similar offence under another Act in respect of the same work done on the same occasion.
(3) A similar offence under another Act is an offence under another Act constituted by doing work that can only be done by or under the supervision of the holder of an authority under the Home Building Act 1989.
Plumbing and drainage work to comply with certain standards
7 Plumbing and drainage work to comply with certain standards
7 Plumbing and drainage work to comply with certain standards
(1) The responsible person for plumbing and drainage work must ensure the work complies with—
(a) the Plumbing Code of Australia, and
(b) any other standards or requirements prescribed by the regulations.
Maximum penalty—100 penalty units.
(2) Work done in accordance with this section is code compliant.
8
Authorised fittings to be used for plumbing and drainage work
8 Authorised fittings to be used for plumbing and drainage work
8 Authorised fittings to be used for plumbing and drainage work
The responsible person for plumbing and drainage work must ensure any fitting used in the plumbing and drainage work is an authorised fitting.
Maximum penalty—100 penalty units.
Division 2
Notice of plumbing and drainage work
Division 2 Notice of plumbing and drainage work
Division 2 Notice of plumbing and drainage work
9
Plumbing and drainage work must be pre-notified to plumbing regulator
9 Plumbing and drainage work must be pre-notified to plumbing regulator
9 Plumbing and drainage work must be pre-notified to plumbing regulator
(1) The responsible person for plumbing and drainage work must ensure that no plumbing and drainage work is carried out by, or under the supervision of, the responsible person unless—
(a) the responsible person has given the plumbing regulator a notice of work in accordance with this section, and
(b) the work carried out corresponds to the specifications in the notice of work.
Maximum penalty—100 penalty units.
(2) A notice of work is a notice in an approved form that specifies the work to be carried out and the responsible person for the work.
(3) The notice of work must be given to the plumbing regulator—
(a) in relation to plumbing and drainage work that involves a proposed performance solution—no later than 20 business days before the work is carried out, and
(b) in any other case—before—
(i) the work is carried out, and
(ii) any notice under section 13 is given in relation to the work.
(4) Work carried out corresponds to the specifications in a notice of work only if—
(a) the work is the same as or not materially different from the work as specified in the notice of work, and
(b) the work is carried out by or under the supervision of the responsible person specified in the notice of work.
Note—
Accordingly, if a notice of work is given to the plumbing regulator and the work proposed to be carried out is materially different from the work notified, or the responsible person for the work changes, the plumbing regulator must be given a further notice of work with the new specifications before that work is carried out.
(5) Work notified in accordance with this section is work that has been pre-notified.
s 9: Am 2018 No 43, Sch 2.2 [3].
10
Emergency work does not have to be pre-notified
10 Emergency work does not have to be pre-notified
10 Emergency work does not have to be pre-notified
(1) Emergency work does not have to be pre-notified.
(2) Emergency work is plumbing and drainage work carried out in an emergency—
(a) to prevent waste of water, or
(b) to restore a water supply that has been shut off to prevent waste of water, or
(c) to free a choked pipe, or
(d) to protect public health or safety, or
(e) to prevent damage to property.
(3) The responsible person for any emergency work that is not pre-notified must give the plumbing regulator notice of the emergency work, in an approved form, within the period prescribed by the regulations after carrying out the work.
Maximum penalty—100 penalty units.
(4) The responsible person for any emergency work must take all reasonable steps to ensure that the work does not threaten the health and safety of any occupier of premises affected by the work.
Maximum penalty—100 penalty units.
11
Notice of defective installation or system
11 Notice of defective installation or system
11 Notice of defective installation or system
(1) The responsible person for plumbing and drainage work carried out on land must, within the period prescribed by the regulations, give the following persons written notice of any defective installation or system on the land discovered in the course of carrying out the plumbing and drainage work—
(a) the owner of the land,
(b) the occupier of the land (if the owner does not occupy the land).
Maximum penalty—100 penalty units.
(2) The responsible person for plumbing and drainage work carried out on land must, within the period prescribed by the regulations, give the plumbing regulator written notice of any defective installation or system on the land discovered in the course of carrying out the plumbing and drainage work that poses an imminent threat to public health or safety.
Maximum penalty—100 penalty units.
(3) A defective installation or system is discovered if the responsible person, or a person carrying out the plumbing and drainage work under the responsible person’s supervision, becomes aware that the installation or system concerned is defective.
(4) For the purposes of this section, an installation or system is any plumbing installation, sanitary plumbing system or sanitary drainage system.
Division 3
Inspection of plumbing and drainage work
Division 3 Inspection of plumbing and drainage work
Division 3 Inspection of plumbing and drainage work
12
Inspection of plumbing and drainage work by plumbing regulator
12 Inspection of plumbing and drainage work by plumbing regulator
12 Inspection of plumbing and drainage work by plumbing regulator
(1) The plumbing regulator may, for the purpose of monitoring compliance with this Act, do either or both of the following—
(a) inspect any plumbing and drainage work,
(b) inspect any documents in the possession of the plumbing regulator in connection with the plumbing and drainage work.
(2) To avoid any doubt, the plumbing regulator may carry out more than one inspection under this section if the regulator considers it necessary in the circumstances.
(3) The regulations may make provision for the fee payable for inspections by the plumbing regulator.
s 12: Am 2018 No 43, Sch 2.2 [4].
13
Responsible person to notify plumbing regulator when work is ready for inspection
13 Responsible person to notify plumbing regulator when work is ready for inspection
13 Responsible person to notify plumbing regulator when work is ready for inspection
(1) A responsible person for plumbing and drainage work must notify the plumbing regulator when the work will be ready for inspection by the plumbing regulator before, or within the period prescribed by the regulations after, completing the work.
Maximum penalty—100 penalty units.
(2) Notice is duly given only if any fee required to be paid by the regulations for the inspection has been paid to the plumbing regulator.
(3) Before carrying out an inspection, the plumbing regulator must advise the responsible person—
(a) of the period during which the plumbing and drainage work must be available for inspection by the plumbing regulator (the inspection period), and
(b) that the responsible person must ensure the plumbing and drainage work is accessible for inspection during the inspection period.
(4) The inspection period is to be a period agreed between the plumbing regulator and the responsible person or, in the absence of an agreement, another period specified by the plumbing regulator that is reasonable in the circumstances.
(5) The responsible person must, unless the responsible person has a reasonable excuse—
(a) ensure the plumbing and drainage work is accessible and ready to be inspected during the inspection period, and
(b) be present, or ensure that an agreed representative of the responsible person is present, during the inspection period at the place at which the plumbing and drainage work has been carried out.
Maximum penalty—100 penalty units.
(6) In this section, an agreed representative of a responsible person means a person who is qualified to carry out (without supervision) the work that is the subject of the inspection and who is nominated by the responsible person, with the agreement of the plumbing regulator, to attend the inspection as the responsible person’s representative.
14
Defective or uninspected plumbing and drainage work
14 Defective or uninspected plumbing and drainage work
14 Defective or uninspected plumbing and drainage work
(1) The plumbing regulator may, by written notice given to the responsible person for plumbing and drainage work, direct the responsible person—
(a) to repair, as specified by the plumbing regulator, work done otherwise than in a proper and skilful manner, or
(b) to make code compliant work that is not code compliant, or
(c) to repair, as specified by the plumbing regulator, a defective fitting used in any of the work done, or
(d) if a fitting used in the plumbing and drainage work is not an authorised fitting, to replace the fitting with an authorised fitting, or
(e) to disconnect the supply of water to premises, or part of premises, if the plumbing regulator considers, on reasonable grounds, that there is a risk to public health, or
(f) to disconnect a sanitary plumbing system or sanitary drainage system from a sewer, if the plumbing regulator considers, on reasonable grounds, that there is a risk to public health, or
(g) to uncover all or part of the work to allow the plumbing regulator to inspect the work if—
(i) the responsible person failed to notify the plumbing regulator when the work was ready for inspection in accordance with section 13, or
(ii) the work was not accessible and ready to be inspected during the inspection period referred to in that section, or
(h) if the responsible person has failed to comply with section 9, 15 or 16, to give to the plumbing regulator any notice or other document required to be given under the section concerned, or
(i) to disconnect any plumbing or drainage installed by the responsible person that is connected to other plumbing and drainage work that has been previously installed in contravention of this Act, or
(j) if the responsible person has failed to comply with section 13 (5) (b), to re-notify the plumbing regulator when the work will be ready for inspection.
(2) A responsible person to whom a direction is given must comply with the direction within the period specified in the written notice, unless the responsible person has a reasonable excuse.
Maximum penalty—100 penalty units and, in the case of a continuing offence, a further penalty of 50 penalty units for each day the offence continues.
(3) If a direction is given to a responsible person before a certificate of compliance is given for the plumbing and drainage work, the responsible person must comply with the direction before continuing with the work.
Maximum penalty—100 penalty units.
(4) A direction ceases to have effect if the plumbing and drainage work that is the subject of the direction is the subject of an order made by the Civil and Administrative Tribunal under the Home Building Act 1989.
(5) A direction is of no effect if it is issued more than 2 years after the plumbing and drainage work to which it relates has been completed.
(6) A person who holds an endorsed contractor licence or supervisor certificate under the Home Building Act 1989 authorising the person to do plumbing and drainage work and who gives the plumbing regulator a certificate of compliance in respect of any plumbing and drainage work that the person is authorised to do or supervise is taken, for the purposes of this section, to be the responsible person in respect of all work that is the subject of the certificate of compliance.
(7) For the avoidance of doubt, a single written notice may contain more than one direction under this section.
(8) For the purposes of subsection (5), plumbing and drainage work is completed by a responsible person when the responsible person completes, in accordance with this Act, the whole of the plumbing and drainage work that the person was engaged to carry out, has given notice under section 13 (1) and the period during which the plumbing and drainage work must be available for inspection by the plumbing regulator has ended.
(9) Section 13 (2)–(6) apply to a re-notification in accordance with a direction under subsection (1) (j) in the same way as those provisions apply to a notification under section 13 (1).
(10) It is a defence to a prosecution under subsection (2) in relation to a direction under subsection (1) (g) if the responsible person concerned establishes that they took all reasonable steps to ensure the plumbing and drainage work or the part of the plumbing and drainage work concerned was uncovered in accordance with the direction.
s 14: Am 2013 No 95, Sch 4.29; 2018 No 43, Sch 2.2 [5]–[8].
Division 4
Obligation to supply certificates and plans
Division 4 Obligation to supply certificates and plans
Division 4 Obligation to supply certificates and plans
15
Person to give certificate of compliance after work completed
15 Person to give certificate of compliance after work completed
15 Person to give certificate of compliance after work completed
(1) The responsible person for plumbing and drainage work must—
(a) give the plumbing regulator a certificate of compliance—
(i) if a physical inspection of the plumbing and drainage work has been conducted—on the completion of the work, or
(ii) in any other case—within the period prescribed by the regulations after completing the work, and
(b) give a copy of that certificate of compliance to the person for whom the work is carried out, whether as contractor or employee, within the period prescribed by the regulations after completing the work.
Maximum penalty—100 penalty units.
(2) A person who contracts with another person for that other person to carry out plumbing and drainage work in relation to premises, and who is not the owner of the premises, must, within the period prescribed by the regulations after receiving a copy of a certificate of compliance in relation to the work, give a copy of the certificate to the owner of the premises or the owner’s agent.
Maximum penalty—100 penalty units.
(3) A certificate of compliance is a written document, in an approved form, that certifies that the plumbing and drainage work to which it relates is code compliant.
(4) For the purposes of this section, plumbing and drainage work is completed by a responsible person when the responsible person completes, in accordance with this Act, the whole of the plumbing and drainage work that the person was engaged to carry out and the period during which the plumbing and drainage work must be available for inspection by the plumbing regulator has ended.
s 15: Am 2018 No 43, Sch 2.2 [9].
16
Supply of plans
16 Supply of plans
16 Supply of plans
(1) On completion of any part of plumbing and drainage work that consists of or includes carrying out work on a sanitary drainage system, the responsible person for the work must supply a plan of the work, in the approved form, to the following persons—
(a) the owner of the land or the owner’s agent,
(b) the plumbing regulator.
Maximum penalty—100 penalty units.
(2) If a person prepares a plan of a sanitary drainage system other than under subsection (1) the person must supply a copy of the plan, in the approved form, to the following persons—
(a) the owner of the land or the owner’s agent,
(b) the plumbing regulator.
Maximum penalty—100 penalty units in the case of an individual or 200 penalty units in the case of a corporation.
(3) A requirement to supply a plan or a copy of a plan to the plumbing regulator under this section may be satisfied by supplying the plan or copy to a local council of the area, a joint organisation of the joint organisation area, or county council of the area of operations, in which the sanitary drainage system is located, if the plumbing regulator has delegated its functions under this section to that local council, joint organisation or county council.
(4) A plan or a copy of a plan required to be supplied to the owner of the land or the owner’s agent under this section is required to be supplied no later than as prescribed by the regulations.
(4A) A plan or a copy of a plan required to be supplied to the plumbing regulator under this section is required to be supplied—
(a) if a physical inspection of the plumbing and drainage work has been conducted—on the completion of the work, or
(b) in any other case—no later than as prescribed by the regulations after completing the work.
(5) In this section, a plan of a sanitary drainage system includes a sewer service diagram or similar instrument.
s 16: Am 2013 No 47, Sch 1.20 [3] [4]; 2017 No 65, Sch 2.23 [3] [4]; 2018 No 43, Sch 2.2 [10] [11].
Division 5
Miscellaneous
Division 5 Miscellaneous
Division 5 Miscellaneous
17
Obligation to prevent threats to public health or safety
17 Obligation to prevent threats to public health or safety
17 Obligation to prevent threats to public health or safety
(1) The owner or occupier of land who has control of a plumbing installation or a sanitary drainage system must take all reasonable steps to ensure the plumbing installation or sanitary drainage system does not threaten public health or safety.
Maximum penalty—100 penalty units in the case of an individual or 200 penalty units in the case of a corporation.
(2) This section applies only to a plumbing installation or sanitary drainage system the construction of which would constitute plumbing and drainage work.
18
Exemptions
18 Exemptions
18 Exemptions
(1) The regulations may exempt the following from any specified provision or provisions of this Part—
(a) specified kinds of plumbing and drainage works,
(b) specified persons or classes of persons.
(2) An exemption has effect subject to any conditions specified in the regulations.
Part 3
Plumbing regulator
Part 3 Plumbing regulator
Part 3 Plumbing regulator
19
Functions of plumbing regulator
19 Functions of plumbing regulator
19 Functions of plumbing regulator
The plumbing regulator has the following functions—
(a) monitoring compliance with this Act,
(b) ensuring that any plumbing and drainage work carried out does not threaten public health or safety,
(c) any other functions conferred or imposed on the plumbing regulator by this Act.
20
Authorisation of fittings used for plumbing and drainage work
20 Authorisation of fittings used for plumbing and drainage work
20 Authorisation of fittings used for plumbing and drainage work
(1) The plumbing regulator may, by order published in the Gazette, give directions as to the fittings that may be used in plumbing and drainage work (either by specifying fittings that may be used or specifying fittings that are not to be used).
(2) A direction may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors, or
(b) apply differently according to different factors of a specified kind.
(3) For the purposes of this Act, a fitting is an authorised fitting in relation to plumbing and drainage work only if its use in the plumbing and drainage work concerned does not contravene a direction made by the plumbing regulator that is in force under this section.
21
Delegation
21 Delegation
21 Delegation
(1) The plumbing regulator may delegate any of the plumbing regulator’s functions under this Act, other than this power of delegation, to—
(a) a local council, joint organisation or county council, or
(b) any other person whom the regulator considers has the necessary skills, knowledge or experience to exercise the function.
(2) A local council, joint organisation or county council may subdelegate any function delegated to it by the plumbing regulator to—
(a) the general manager of the council or executive officer of the joint organisation, or
(b) a person engaged as a contractor by the council or joint organisation whom the council or joint organisation considers has the necessary skills, knowledge or experience to exercise the function.
s 21: Am 2013 No 47, Sch 1.20 [5]–[7]; 2017 No 65, Sch 2.23 [5]–[7].
Part 4
Inspection and enforcement powers
Part 4 Inspection and enforcement powers
Part 4 Inspection and enforcement powers
22
Appointment of inspectors
22 Appointment of inspectors
22 Appointment of inspectors
(1) The plumbing regulator may appoint persons as inspectors for the purposes of this Act.
(2) A person is eligible for appointment as an inspector only if the person is—
(a) a member of the Government Service, or
(b) an officer or employee of a local council, joint organisation or county council, or
(c) a person, or an officer or employee of a person, to whom the functions of the plumbing regulator have been delegated under this Act, or
(3) An enforcement officer is an authorised person for the purposes of this Act.
s 23: Am 2013 No 47, Sch 1.20 [9]; 2017 No 65, Sch 2.23 [9].
24
Identification card
24 Identification card
24 Identification card
(1) The plumbing regulator is to issue each authorised person with an identification card as an authorised person.
(2) An identification card must—
(a) state that it is issued under this Act, and
(b) state the name of the person to whom it is issued, and
(c) include a photograph of the person to whom it is issued, and
(d) indicate whether the authorised person is an inspector or an enforcement officer, and
(e) state the date (if any) on which it expires, and
(f) describe the powers conferred on the authorised person, and
(g) describe the kind of premises to which the power extends, and
(h) bear the signature of the plumbing regulator or the delegate of the plumbing regulator.
(3) A power conferred by this Part to enter premises, or to make an inspection or take other action on premises, may not be exercised unless the person proposing to exercise the power—
(a) is in possession of the identification card issued to the authorised person, and
(b) produces the identification card if required to do so by the owner or occupier of the premises.
25
Purposes for which powers can be exercised
25 Purposes for which powers can be exercised
25 Purposes for which powers can be exercised
A power conferred on an authorised person by this Part may be exercised for the following purposes only—
(a) for determining whether there has been compliance with or a contravention of this Act or the regulations,
(b) to enable or assist the plumbing regulator to exercise any of its functions under this Act,
(c) generally for administering this Act.
26
Power of entry
26 Power of entry
26 Power of entry
An inspector may enter any premises at any time, but only with the consent of the occupier of the premises.
27
Inspection powers
27 Inspection powers
27 Inspection powers
An inspector who enters premises under this Division may with the consent of the occupier—
(a) inspect the premises and any article, matter or thing on the premises related to plumbing and drainage work, and
(b) for the purpose of an inspection, open any ground, remove any flooring and take such measures as may be necessary to ascertain the character and condition of the premises and of any pipe, sewer, drain or fitting, and
(c) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or marks, and
(d) take samples or photographs in connection with any inspection, and
(e) take into or onto the premises any persons, equipment and materials the inspector reasonably requires for exercising a function under this Part.
28
Obstruction of inspector
28 Obstruction of inspector
28 Obstruction of inspector
(1) A person must not, without reasonable excuse, hinder or obstruct an inspector in the exercise of a function under this Division.
Maximum penalty—100 penalty units in the case of an individual or 200 penalty units in the case of a corporation.
(2) A person is not guilty of an offence under this section unless it is established that, if requested to do so at the material time, the inspector produced for inspection the identification card issued to the inspector under this Part.
29
Power of entry
29 Power of entry
29 Power of entry
(1) An enforcement officer may enter any premises—
(a) at a reasonable hour in the daytime, or
(b) at an hour during which business is in progress or is usually carried on at the premises.
(2) This section does not limit the power of an enforcement officer to enter premises under the authority conferred by a search warrant or with the consent of the occupier.
30
Entry of residence
30 Entry of residence
30 Entry of residence
An enforcement officer cannot enter any part of any premises being used for residential purposes except—
(a) with the consent of the occupier of that part of the premises, or
(b) under the authority conferred by a search warrant.
31
Notice of entry
31 Notice of entry
31 Notice of entry
(1) Before an enforcement officer enters premises under this Division, the plumbing regulator must give the owner or occupier of the premises written notice of the intention to enter the premises.
(2) The notice must specify the day on which the enforcement officer intends to enter the premises and must be given before that day.
(3) This section does not require notice to be given—
(a) in the case of premises that are not being used for residential purposes—if entry to the premises is made with the consent of the owner or occupier of the premises, or
(b) if entry to the premises is made for the purposes of carrying out an inspection of plumbing and drainage work under Division 3 of Part 2 and the plumbing regulator has advised the responsible person for the work that it will be carrying out the inspection, or
(c) if entry is required urgently and the case is one in which the plumbing regulator has authorised in writing (either generally or in a particular case) entry without notice, or
(d) if entry is made under the authority conferred by a search warrant.
(4) To avoid doubt, this section does not confer power to enter premises being used for residential purposes otherwise than with the consent of the occupier or under the authority conferred by a search warrant.
32
Use of force
32 Use of force
32 Use of force
(1) Reasonable force may be used for the purpose of gaining entry to premises (other than residential premises) under a power conferred by this Part, but only if authorised by the plumbing regulator in accordance with this section.
(2) The authority of the plumbing regulator—
(a) must be in writing, and
(b) must be given in respect of the particular entry concerned, and
(c) must specify the circumstances which are required to exist before force may be used.
(3) This section does not apply to premises entered under the authority conferred by a search warrant.
33
Notification of use of force or urgent entry
33 Notification of use of force or urgent entry
33 Notification of use of force or urgent entry
(1) An enforcement officer must promptly advise the plumbing regulator if the enforcement officer—
(a) uses force for the purpose of gaining entry to the premises, or
(b) enters the premises in an emergency without giving written notice to the owner or occupier.
(2) The plumbing regulator must give notice of the entry to such persons or authorities as appear to the regulator to be appropriate in the circumstances.
34
Inspections and investigations
34 Inspections and investigations
34 Inspections and investigations
An enforcement officer who enters premises under this Division may—
(a) inspect the premises and any article, matter or thing on the premises related to plumbing and drainage work, and
(b) for the purpose of an inspection—
(i) open any ground, remove any flooring and take such measures as may be necessary to ascertain the character and condition of the premises and of any pipe, sewer, drain or fitting, and
(ii) require the opening, cutting into or pulling down of any work if the enforcement officer has reason to believe or suspect that anything on the premises has been done in contravention of this Act or the regulations, and
(c) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or marks, and
(d) take samples or photographs in connection with any inspection, and
(e) take into or onto the premises any persons, equipment and materials the enforcement officer reasonably requires for exercising a function under this Division, and
(f) require any person at the premises to give the enforcement officer reasonable help to exercise the enforcement officer’s functions under paragraphs (a)–(e), and
(g) require any person at the premises to answer questions or otherwise furnish information in relation to the matter that is the subject of the inspection or investigation.
35
Search warrants
35 Search warrants
35 Search warrants
(1) An enforcement officer may apply to an authorised warrants officer for a search warrant if the enforcement officer has reasonable grounds for believing that the provisions of this Act or the regulations have been or are being contravened in or on any premises.
(2) An authorised warrants officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an enforcement officer named in the warrant—
(a) to enter the premises, and
(b) to search the premises for evidence of a contravention of this Act or the regulations.
(a) hinder or obstruct an enforcement officer in the exercise of a function under this Division, or
(b) fail to comply with any requirement made by an enforcement officer under this Division.
Maximum penalty—100 penalty units in the case of an individual or 200 penalty units in the case of a corporation.
(2) A person is not guilty of an offence under this section unless it is established that, if requested to do so at the material time, the enforcement officer produced for inspection the enforcement officer’s identification card issued under this Part.
(3) A person is not guilty of an offence of failing to comply with a requirement made by an enforcement officer under this Division unless the person was warned on that occasion that a failure to comply with the requirement may constitute an offence.
37
Care to be taken
37 Care to be taken
37 Care to be taken
(1) In the exercise of a function under this Part, an authorised person must do as little damage as possible.
(2) The plumbing regulator must provide, if necessary, other means of access in place of any access taken away or interrupted by an authorised person.
(3) As far as practicable, entry on to fenced land is to be made through an existing opening in the enclosing fence.
(4) If entry through an existing opening is not practicable, a new opening may be made in the enclosing fence, but the plumbing regulator is to fully restore the fence when the need for entry ceases.
(5) If, in the exercise of a function under this Part, any pit, trench, hole or bore is made, the plumbing regulator must—
(a) fence it and keep it securely fenced so long as it remains open or not sufficiently sloped down, and
(b) without unnecessary delay, fill it up or level it or sufficiently slope it down.
(6) For the purposes of complying with the plumbing regulator’s duty under subsection (4) or (5), the plumbing regulator may, by written notice given to the responsible person for the plumbing and drainage work that is the subject of the inspection, require the responsible person to carry out the work referred to in that subsection.
(7) The responsible person must not, without reasonable excuse, fail to comply with the written notice.
Maximum penalty—100 penalty units.
38
Recovery of costs of entry and inspection
38 Recovery of costs of entry and inspection
38 Recovery of costs of entry and inspection
If an authorised person enters premises under this Part for the purpose of making an inspection and as a result of that inspection, under a power conferred on the plumbing regulator, the regulator requires any work to be carried out on or in the premises, the plumbing regulator may recover the reasonable costs of the entry and inspection from—
(a) the owner or occupier of the premises, or
(b) the responsible person for the plumbing and drainage work that is the subject of the inspection.
Part 5
Criminal and other proceedings
Part 5 Criminal and other proceedings
Part 5 Criminal and other proceedings
39
Appeals to Land and Environment Court against certain directions of plumbing regulator
39 Appeals to Land and Environment Court against certain directions of plumbing regulator
39 Appeals to Land and Environment Court against certain directions of plumbing regulator
A person may appeal to the Land and Environment Court against a direction given to the person by the plumbing regulator under section 14.
40
Injunctions
40 Injunctions
40 Injunctions
(1) If, on the application of the Minister, the plumbing regulator or any other person, the Land and Environment Court is satisfied that a person has engaged, or is proposing to engage, in plumbing and drainage work that constitutes or would constitute a serious risk to public health or safety or a serious risk to the public, the Court may grant an injunction in the terms the Court considers appropriate.
(2) If an application for an injunction under subsection (1) has been made, the Land and Environment Court may, if the Court considers it appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied a person has engaged, or is proposing to engage, in conduct of a kind specified in subsection (1).
(3) If in the opinion of the Land and Environment Court it is desirable to do so, the Court may grant an injunction pending determination of an application under subsection (1).
(4) The Land and Environment Court may rescind or vary an injunction granted under subsection (1), (2) or (3).
(5) The power of the Land and Environment Court to grant an injunction restraining a person from engaging in conduct may be exercised—
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and
(b) whether or not the person has previously engaged in conduct of that kind, and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.
(6) The power of the Land and Environment Court to grant an injunction requiring a person to do an act or thing may be exercised—
(a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing, and
(b) whether or not the person has previously refused or failed to do that act or thing, and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.
(7) If the Minister or the plumbing regulator makes an application to the Land and Environment Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertaking as to damages or costs.
(8) If—
(a) in a case to which subsection (7) does not apply, the Land and Environment Court would, but for this subsection, require a person to give an undertaking as to damages or costs, and
(b) the Minister gives the undertaking,
the Court must accept the undertaking by the Minister and must not require a further undertaking from any other person.
41
Penalty notices
41 Penalty notices
41 Penalty notices
(1) An enforcement officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note—
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
s 41: Subst 2017 No 22, Sch 3.56.
42
Proceedings for offences
42 Proceedings for offences
42 Proceedings for offences
(1) Proceedings for an offence against this Act are to be dealt with—
(a) summarily before the Local Court, or
(b) summarily before the Land and Environment Court in its summary jurisdiction.
(2) Proceedings for an offence against the regulations are to be dealt with summarily before the Local Court.
(3) Proceedings for an offence against this Act or the regulations must be commenced within 3 years after the commission of the offence.
42A
Continuing offences
42A Continuing offences
42A Continuing offences
(1) A person who is guilty of an offence because the person contravenes a requirement made by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time)—
(a) continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and
(b) is guilty of a continuing offence for each day the contravention continues.
(2) This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.
(3) This section does not apply to the extent that a requirement of a notice is revoked.
s 42A: Ins 2018 No 43, Sch 2.2 [12].
43
Effect of criminal proceedings on civil proceedings
43 Effect of criminal proceedings on civil proceedings
43 Effect of criminal proceedings on civil proceedings
(1) Prosecution or conviction of a person for an act or omission that is an offence against this Act does not affect any right of the plumbing regulator to take civil proceedings or any other action to recover from the person—
(a) an amount in respect of loss or damage caused by the act or omission, or
(b) the expenses incurred by the plumbing regulator in remedying the loss or damage.
(2) Payment of a penalty for an offence against this Act does not affect any right of the plumbing regulator to institute any other action or proceeding.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
44
Aiding and abetting
44 Aiding and abetting
44 Aiding and abetting
A person who—
(a) aids, abets, counsels or procures a person to commit, or
(b) induces or attempts to induce a person, whether by threats or promises or otherwise, to commit, or
(c) is in any way, directly or indirectly, knowingly concerned in, or party to, the commission by a person of, or
(d) conspires with another to commit,
an offence against this Act or the regulations is guilty of the same offence and liable to be punished accordingly.
45
Offence to provide false or misleading documents
45 Offence to provide false or misleading documents
45 Offence to provide false or misleading documents
A person must not, in a document the person is required to provide by this Act, include information the person knows, or could reasonably be expected to have known, to be false or misleading in a material particular.
Maximum penalty—100 penalty units in the case of an individual or 200 penalty units in the case of a corporation.
46
Disclosure of information
46 Disclosure of information
46 Disclosure of information
A person must not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made—
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act, or
(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty—20 penalty units.
47
Certain information may be provided to and by plumbing regulator
47 Certain information may be provided to and by plumbing regulator
47 Certain information may be provided to and by plumbing regulator
(1) The plumbing regulator is authorised to provide information obtained in connection with the administration of this Act—
(a) to a local council, joint organisation or county council if the council or joint organisation considers the provision of the information is necessary to enable the council or joint organisation to exercise its functions (whether under this Act or otherwise), or
(b) to a network utility operator if the network utility operator considers the provision of the information is necessary to enable the operator to exercise its functions, or
(c) to the Ministry of Health if the Ministry considers the provision of the information is necessary to prevent, or otherwise relates to, a risk to public health.
(2) A local council, joint organisation, county council or network utility operator is authorised to provide information to the plumbing regulator if the plumbing regulator considers the provision of the information is necessary to enable the plumbing regulator to exercise the plumbing regulator’s functions under this Act.
(3) Information may be provided in accordance with this section despite any prohibition in, or the need to comply with any requirement of, any Act or law, including the Privacy and Personal Information Protection Act 1998.
s 47: Am 2013 No 47, Sch 1.20 [10]–[12]; 2017 No 65, Sch 2.23 [10] [11].
48
Exclusion of liability
48 Exclusion of liability
48 Exclusion of liability
(1) A protected person is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a function under this Act, or
(b) in the reasonable belief that the act or omission was in the exercise of a function under this Act.
(2) In this section—
protected person means any of the following—
(a) the plumbing regulator,
(b) an authorised person,
(c) a person (other than a local council, joint organisation or county council) to whom the plumbing regulator has delegated functions under this Act.
s 48: Am 2013 No 47, Sch 1.20 [13]; 2017 No 65, Sch 2.23 [12].
49
Continuing effect of directions
49 Continuing effect of directions
49 Continuing effect of directions
(1) A direction given under this Act or the regulations that specifies a time by which, or period within which, the direction must be complied with continues to have effect until the direction is complied with even if the time has passed or the period has expired.
(2) A direction that does not specify a time by which, or period within which, the direction must be complied with continues to have effect until the direction is complied with.
(3) This section does not apply to the extent that any requirement under a direction is revoked.
(4) The fact that a direction is taken to continue to have effect under this section does not operate to excuse a person for a failure to comply with the direction within the time or period specified in the direction.
50
Evidentiary certificates
50 Evidentiary certificates
50 Evidentiary certificates
A certificate purporting to be signed by the plumbing regulator and certifying any of the following is prima facie evidence of the matters certified—
(a) that a stated document is an appointment made under this Act,
(b) that a stated document is a notice, direction or requirement given under this Act,
(c) that a stated document is a copy of a document referred to in paragraph (a) or (b),
(d) that on a stated day, or during a stated period, an appointment as an authorised person was or was not in force for a stated period.
51
Service of notices and directions
51 Service of notices and directions
51 Service of notices and directions
(1) A notice or direction in writing that is required or permitted to be given under this Act may be given—
(a) to a person other than a corporation—
(i) by giving it to the person personally, or
(ii) by leaving it at the person’s place of residence with someone who apparently resides there and has apparently reached the age of 16 years, or
(iii) by leaving it at the person’s place of employment or business with someone who is apparently employed there and has apparently reached the age of 16 years, or
(iv) by posting it in a letter addressed to the person at the address last known to the plumbing regulator of the person’s place of residence, employment or business, or
(v) by email to an email address specified by the person for the service of notices or directions of that kind, or
(vi) by any other method authorised by the regulations for the service of notices or directions of that kind, or
(b) to a corporation—
(i) by giving it to the secretary of the corporation, or any other person concerned in the management of the corporation, personally, or
(ii) by leaving it at the corporation’s only or principal place of business with someone who is apparently employed there and has apparently reached the age of 16 years, or
(iii) by posting it in a letter addressed to the corporation at the address last known to the plumbing regulator of its only or principal place of business, or
(iv) by email to an email address specified by the corporation for the service of notices or directions of that kind, or
(v) by any other method authorised by the regulations for the service of notices or directions of that kind.
(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
s 51: Am 2017 No 25, Sch 1.24 [1] [2].
52
Regulations
52 Regulations
52 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may make provision for or with respect to—
(a) the fees payable under this Act, and
(b) the requirements for carrying out plumbing and drainage work.
(3) For the purposes of subsection (2) (a), if functions of the plumbing regulator have been delegated to local councils, joint organisations or county councils the regulations may provide—
(a) that the councils or joint organisations may set fees for exercising the functions, and
(b) for the methodology or factors to be used by the councils or joint organisations in setting the fees, including maximum fees that may be charged for exercising the functions.
(4) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.
s 52: Am 2013 No 47, Sch 1.20 [14]; 2017 No 65, Sch 2.23 [13] [14].
53
Review of Act
53 Review of Act
53 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 2
Schedule 2
Schedules 2, 3 (Repealed)
sch 2: Rep 1987 No 15, sec 30C.
sch 3: Rep 1987 No 15, sec 30C.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Plumbing and Drainage Act 2011.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
approved form means a form approved by the plumbing regulator.
authorised fitting—see section 20.
authorised person means an inspector or enforcement officer.
certificate of compliance—see section 15.
code compliant—see section 7.
county council has the same meaning as in the Local Government Act 1993.
enforcement officer means a person appointed as an enforcement officer under Part 4.
function includes a power, authority or duty and exercise a function includes perform a duty.
inspector means a person appointed as an inspector under Part 4.
joint organisation has the same meaning as in the Local Government Act 1993.
network utility operator means—
(a) the Hunter Water Corporation constituted under the Hunter Water Act 1991, and
(b) the Sydney Water Corporation constituted under the Sydney Water Act 1994, and
(c) a registered operator under the Water Industry Competition Act 2006, and
(d) a water supply authority under the Water Management Act 2000, and
(e) a local council or county council exercising water or sewerage functions.
performance solution has the same meaning as in the Plumbing Code of Australia.
plumbing and drainage work—see section 4.
Plumbing Code of Australia means the document entitled the Plumbing Code of Australia, produced for all State governments by the Australian Building Codes Board, as in force from time to time.
The Act links to and instruments other statutory regimes. It operates in conjunction with the Plumbing Code of Australia and regulations (s 7), the Home Building Act 1989 in defining licensing and supervision arrangements for responsible persons and trades (ss 3, 5, 6), and various water and sewerage statutes in the definition of network utility operators (s 3). The plumbing regulator may delegate functions to local councils or other bodies (s 21) and may share and receive information with councils, network utility operators and the Ministry of Health (s 47), despite other privacy constraints.
The following sections unpack the Act’s main concepts, who is affected, the specific duties and rights it creates, enforcement and penalties, statutory interactions, the amendment and transitional notes included in the text, the absence of litigation citations in the source, practical pitfalls, and a compliance checklist tied to the statute’s provisions.
Main concepts
The Act organises regulation around a small set of foundational concepts that determine scope, duty-bearers and regulatory interventions.
Plumbing and drainage work, and plumbing installations. The Act applies to on-site plumbing and drainage work, defined in detail at s 4. The definition covers construction of or work on plumbing installations that connect, directly or indirectly, to a network utility operator’s water supply system (s 4(1)(a)), certain water supply systems associated with residential building work (s 4(1)(b)), sanitary plumbing systems (s 4(1)(c)), sanitary drainage systems upstream from connection points to sewers, reuse systems or on-site wastewater treatment (s 4(1)(d)), and other work declared by regulation (s 4(1)(e)). A plumbing installation is an installation that conveys or controls the conveyance of water but excludes anything beyond the outlet from a fixture, fitting or pressurised line (s 4(2)). The Act excludes various specified work from its application, subject to the regulations, such as stormwater pipes, fire suppression systems, network operator infrastructure and certain owner/occupier minor repairs (s 4(5)(a)-(e)).
Responsible person. The statutory definition of responsible person ties regulatory responsibility to licensed contractors or supervisor certificate holders under the Home Building Act 1989: where work is carried out by a licence/certificate holder, that holder is the responsible person; where work is carried out under the immediate or general supervision of such a holder, the holder is the responsible person (s 5). The responsible person concept is central: duties to pre‑notify, to ensure code compliance, to provide certificates and plans, and to comply with directions are framed as obligations of the responsible person (ss 7, 9, 13, 15-16, 14).
Code compliance and authorised fittings. The Act makes code compliance a statutory touchstone. The responsible person must ensure work complies with the Plumbing Code of Australia and any standards prescribed by regulation (s 7). Compliance under s 7 is explicitly labelled as “code compliant”. The plumbing regulator controls which fittings may be used by published order in the Gazette (s 20), and s 8 makes the use of authorised fittings a separate statutory obligation.
Pre-notification and inspection. The Act establishes mandatory pre-notification in most cases: the responsible person must give a notice of work in an approved form to the plumbing regulator and ensure that work matches the notice (s 9). Special timing applies where the work involves a proposed performance solution, requiring notification no later than 20 business days before the work (s 9(3)(a)). The regulator may inspect works to monitor compliance (s 12) and the responsible person must notify when the work will be ready for inspection (s 13), pay any inspection fee required by regulation (s 13(2)), and make the work accessible during an inspection period agreed or reasonably specified by the regulator (s 13(3)-(5)).
Certificates and plans. On completion, the responsible person must supply a certificate of compliance to the plumbing regulator and to the person for whom the work is carried out (s 15). Where the work includes sanitary drainage systems, a plan must be supplied to the owner and the regulator (s 16). The Act defines a certificate of compliance as an approved-form statement that the work is code compliant (s 15(3)).
Inspection and enforcement architecture. The plumbing regulator has monitoring and public-health safeguarding functions (s 19). The regulator may appoint inspectors and enforcement officers (ss 22-23); inspectors require occupier consent to enter (s 26) while enforcement officers have notice-based entry powers subject to additional safeguards for residences and search warrants (ss 29-31, 35). Enforcement officers may require assistance, answers to questions and exercise warrant powers; inspectors’ inspection powers are broadly framed but contingent on consent (ss 27, 34). The regulator may issue directions to remedy defective or non-compliant work, including disconnecting supplies and ordering replacement of fittings, with time-limited authority and appeal rights to the Land and Environment Court (ss 14, 39).
Delegation and local delivery. The regulator may delegate functions and subdelegate to councils or contractors (s 21). Regulations may allow delegated bodies to set fees and provide a methodology or maximums (s 52(3)). This enables local councils or joint organisations to exercise regulator functions, with the Act providing for delegation of plan-supply obligations (s 16(3)).
Information flows and protections. The plumbing regulator may disclose information obtained under the Act to local councils, network utility operators and the Ministry of Health where necessary for functions (s 47(1)), and those bodies may reciprocate (s 47(2)). The section explicitly permits disclosure notwithstanding other laws including privacy legislation (s 47(3)). Authorised persons receive limited statutory immunity for acts done in good faith (s 48).
These core concepts determine who decides (the plumbing regulator and its delegates), who pays (owners/occupiers, responsible persons and possibly councils where regulations permit fees,see s 12(3), s 13(2), s 38 and s 52), and the behavioural change the statute expects: licensed-responsible persons must adopt pre-notification, maintain code compliance and facilitate inspection and certification, and regulators must exercise inspection, direction and enforcement functions to protect public health and ensure compliance.
Who it affects
The Act identifies several overlapping categories of affected actors and assigns duties and powers to each.
Responsible persons (s 5). These are primarily holders of endorsed contractor licences or supervisor certificates under the Home Building Act 1989. Where work is carried out under the immediate or general supervision of such licence/certificate holders, the licence/certificate holder remains the responsible person (s 5). Responsible persons bear the principal operational obligations: ensuring code compliance (s 7), using authorised fittings (s 8), pre-notifying work (s 9), supplying certificates of compliance (s 15) and plans (s 16), notifying defective installations discovered during work (s 11), and making works available for inspection (s 13).
Tradespersons and supervised workers. The Act permits tradesperson certificate holders to do work under general supervision (s 6(1)(c)). They remain subject to the supervision requirements and the responsibilities of the supervising responsible person. The Act restricts who may carry out plumbing and drainage work: it must be done either by a licence/certificate holder, under immediate supervision of such a holder, or by a tradesperson under general supervision (s 6(1)).
Owners and occupiers. Owners and occupiers are affected in multiple ways. They may receive notices of defective installations discovered during work on their land (s 11(1)). Owners or their agents are recipients of plans of sanitary drainage systems on completion (s 16(1)(a)). Owners and occupiers can also be liable for recovery of reasonable costs for entry and inspection, if work required by the plumbing regulator follows an inspection (s 38). Owners and occupiers who control a plumbing installation or sanitary drainage system must take all reasonable steps to prevent threats to public health or safety (s 17).
Network utility operators and water authorities. The Act defines network utility operators to include Hunter Water, Sydney Water, registered operators under the Water Industry Competition Act and local councils exercising water or sewerage functions (s 3). These entities are relevant in scope definitions (s 4) and may receive information from the plumbing regulator where necessary for their functions (s 47(1)(b)). The Act also revises older statutory requirements that referred to fittings approved by network utility operators, replacing those references with the new authorised fitting regime (Schedule 1, cl 3(2)).
Local councils, joint organisations and county councils. They may be delegates of the plumbing regulator (s 21) and may be authorised to receive plans or act under delegated functions (s 16(3)). The regulations can confer fee-setting powers on delegated councils or joint organisations and prescribe methodology and maximum fees (s 52(3)). Councils are therefore likely to be frontline delivery agents in locations where functions are delegated.
Plumbing regulator and authorised persons. The plumbing regulator (the Secretary of the administering department) performs monitoring and public-health safeguarding functions (s 19). The regulator appoints inspectors and enforcement officers (ss 22-23) and issues identification cards that set out powers and kinds of premises to which those powers extend (s 24). Authorised persons exercise entry, inspection and enforcement powers (Parts 4 and 5) and are protected from personal liability for acts or omissions done in good faith under the Act (s 48).
Persons who contract for works other than the owner. A person who contracts another to carry out plumbing and drainage work but is not the owner must, after receiving a certificate of compliance, give a copy to the owner or the owner’s agent within the period prescribed by regulation (s 15(2)). This imposes an information-transmission obligation on commercial parties that are not premises owners.
Manufacturers and suppliers of fittings. The plumbing regulator controls authorised fittings by Gazette order (s 20). Responsible persons must ensure fittings used are authorised (s 8). These provisions affect manufacturers’ and suppliers’ access to the NSW market for specified fittings, subject to the regulator’s orders and the regulatory process.
Who pays and who decides. The Act contemplates payment of inspection fees (s 12(3), s 13(2)), recovery of inspection-entry costs where remedial work is required (s 38) and potential local fee-setting by delegated councils under the regulations (s 52(3)). Decision-making authority is concentrated in the plumbing regulator, which may issue directions (s 14), publish fittings directions (s 20), appoint authorised persons (ss 22-23), delegate functions (s 21) and disclose information under s 47. Appeals from certain regulator directions lie to the Land and Environment Court (s 39).
The Act’s staged commencement and transitional provisions detail differential application across utility areas and protect certain pre-existing works and fittings (Schedule 1, cl 2-6). Those provisions affect early and transitional duties for owners, contractors and regulators in areas formerly under different regimes.
Key duties and rights
The Act sets out a set of mandatory duties for responsible persons, owners/occupiers and duties on the plumbing regulator, plus procedural rights such as appeals and protections.
Primary duties on responsible persons
Licensing/supervision requirement. People must not carry out any plumbing and drainage work unless they hold an endorsed contractor licence or supervisor certificate under the Home Building Act 1989 that authorises that kind of work, do the work under immediate supervision of such a licence/certificate holder, or hold a tradesperson certificate and perform the work under general supervision (s 6(1)). Maximum penalty is 100 penalty units.
Code compliance. The responsible person must ensure the work complies with the Plumbing Code of Australia and any standards prescribed by regulation (s 7). Work done in accordance with s 7 is “code compliant”. Failure attracts a maximum penalty of 100 penalty units.
Use of authorised fittings. The responsible person must ensure any fitting used is an authorised fitting as defined by the regulator’s orders (s 8). Maximum penalty 100 penalty units.
Pre-notification. Responsible persons must give the plumbing regulator a notice of work in an approved form specifying the work and responsible person before carrying out the work, except for specified circumstances (s 9). Notices have timing rules: work involving a proposed performance solution must be notified no later than 20 business days before the work (s 9(3)(a)); in other cases notice must be given before the work is carried out and before any notice under s 13 is given (s 9(3)(b)). Maximum penalty 100 penalty units. If work materially differs from the notified work, a further notice must be given (s 9(4) and note).
Inspection readiness. The responsible person must notify the plumbing regulator when the work will be ready for inspection before or within a period prescribed by regulation after completing the work (s 13(1)). Any fee required for the inspection under the regulations must be paid for the notice to be “duly given” (s 13(2)). The responsible person must ensure accessibility for inspection in an inspection period agreed or specified by the regulator and be present or have an agreed representative who is qualified to carry out the work without supervision (s 13(3)-(5)).
Certificates of compliance and plan supply. After completion the responsible person must give a certificate of compliance to the regulator (on completion where a physical inspection has occurred, or within the period prescribed in other cases) and must give a copy to the person for whom the work was carried out (s 15(1)). For sanitary drainage work the responsible person must supply a plan in approved form to the owner and to the plumbing regulator (s 16(1)). Requirements carry maximum penalties of 100 penalty units.
Notification of defective installations. The responsible person who discovers a defective installation or system in the course of carrying out work must give the owner or occupier written notice within the period prescribed by regulation (s 11(1)). If the defect poses an imminent threat to public health or safety, the responsible person must give the plumbing regulator written notice within the period prescribed (s 11(2)). Maximum penalty 100 units.
Regulator duties and powers
Monitoring and public-health duty. The plumbing regulator must monitor compliance and ensure plumbing and drainage work does not threaten public health or safety, and exercise any other functions conferred by the Act (s 19).
Inspection and direction powers. The regulator may inspect works and documents (s 12) and, where non-compliance or a risk is found, may issue directions to repair, make code compliant work, replace unauthorised fittings, disconnect water or sewer connections, or require uncovering of work for inspection (s 14). Directions must be complied with unless the recipient has a reasonable excuse, and directions are enforceable with penalties specified (s 14(2)-(3)). Directions cease if the work is the subject of a Home Building Act order (s 14(4)) and have a time limit of two years after completion (s 14(5)).
Authorisation of fittings. The regulator may give directions by Gazette order specifying fittings that may or may not be used in plumbing and drainage work (s 20). Only fittings consistent with such a direction are authorised (s 20(3)).
Delegation. The regulator may delegate functions to local councils, joint organisations, county councils or other competent persons (s 21). Subdelegation by councils to general managers or contractors is permitted (s 21(2)).
Rights, remedies and procedural rules
Appeal. A person may appeal to the Land and Environment Court against a direction of the plumbing regulator under s 14 (s 39).
Injunctions. The Land and Environment Court may grant injunctions where plumbing and drainage work constitutes or would constitute serious risks to public health, safety or the public (s 40). The Minister or regulator may apply for such injunctions (s 40(1)-(3)). The Court need not require an undertaking as to damages or costs when the Minister or regulator is the applicant (s 40(7)).
Penalty notices and prosecutions. Enforcement officers may issue penalty notices for prescribed offences (s 41). The Fines Act applies to penalty notices (s 41(3)). Prosecutions are by summary process in the Local Court or the Land and Environment Court in summary jurisdiction (s 42). Time limits for commencing proceedings are three years from the commission of the offence (s 42(3)).
Evidentiary and procedural provisions. The Act provides for evidentiary certificates signed by the plumbing regulator to be prima facie evidence of matters such as appointments, notices and directions (s 50). Service of notices and directions has detailed permitted methods including email to addresses specified for service (s 51).
Other key duties
Owners and occupiers must take all reasonable steps to ensure installations do not threaten public health or safety (s 17).
Persons must not provide false or misleading documents required by the Act (s 45). The plumbing regulator and authorised persons have limited immunity for acts done in good faith (s 48).
Continuing obligations and offences
A continuing-offence rule applies where a person contravenes a requirement to do or cease to do something; the contravention continues until compliance and daily penalties may apply (s 42A). Directions continue in effect until complied with even where their specified time has passed (s 49).
Collectively, the provisions allocate duties principally to responsible persons and owners/occupiers, give the plumbing regulator a suite of powers to inspect and direct remedial work, equip enforcement officers with entry and warrant powers, and create procedural rights including appeals and injunction relief.
Penalties and enforcement
The Act combines administrative enforcement mechanisms, civil remedies and criminal penalties to secure compliance, with a gradation between incentive/administrative tools and punitive sanctions.
Monetary penalties and penalty notices
Penalty quantum. The Act specifies maximum monetary penalties for many offences, frequently capped at 100 penalty units for individuals and 200 penalty units for corporations in particular provisions (see ss 6(1), 7, 8, 9(1), 10(3)-(4), 11(1)-(2), 13(1), 14(2)-(3), 15(1)-(2), 16(1)-(2), 17(1), 28(1), 36(1), 37(7)). The regulations may prescribe offences punishable by penalties not exceeding 20 penalty units (s 52(4)). The Act does not state the monetary value of a penalty unit; penalties are expressed in penalty-unit terms by the statute.
Penalty notices. Enforcement officers may issue penalty notices for offences prescribed by regulation as penalty notice offences (s 41). The Fines Act 1996 applies to penalty notices (s 41(3)) and the amount payable under a penalty notice is the amount prescribed for the alleged offence by the regulations, subject to the maximum court penalty (s 41(4)). The Act preserves other enforcement options (s 41(5)).
Criminal enforcement and proceedings
Summary proceedings. Proceedings for offences under the Act are to be dealt with summarily in the Local Court or by the Land and Environment Court in summary jurisdiction (s 42(1)). Proceedings for offences under the regulations are to be dealt with summarily in the Local Court (s 42(2)). Prosecutions must be commenced within three years of the commission of the offence (s 42(3)).
Continuing offences and daily penalties. The Act treats breaches of statutory requirements as continuing offences where a person contravenes a requirement to do or cease to do something; the contravention continues until complied with and may attract liability for each day it continues (s 42A).
Administrative directions and remedial orders
Directions by regulator. The plumbing regulator may issue a written direction to the responsible person to repair work done otherwise than in a proper and skilful manner, to make work code compliant, to repair defective fittings, to replace unauthorised fittings, to disconnect water supplies or sanitary systems if there is a risk to public health, or to uncover work for inspection among other powers (s 14(1)(a)-(j)). The recipient must comply within the period specified unless they have a reasonable excuse; non-compliance attracts a maximum penalty and continuing daily penalties (s 14(2)). A direction ceases to have effect where the work is subject to an order under the Home Building Act (s 14(4)) and is of no effect if issued more than two years after the work was completed (s 14(5)).
Cost recovery. If inspection leads the regulator to require work, the regulator may recover reasonable costs of entry and inspection from the owner or occupier or the responsible person for the work (s 38).
Enforcement powers: entry, inspection, warrants and forcible entry
Inspectors. Inspectors are appointed by the regulator and are authorised persons (s 22). Inspectors must obtain the occupier’s consent to enter premises (s 26). With consent, they may inspect premises and related articles, open ground or remove flooring as necessary to ascertain condition, take measurements, surveys and samples, and bring equipment or people onto the premises (s 27). Obstructing an inspector without reasonable excuse is an offence with penalties (s 28).
Enforcement officers. Enforcement officers are appointed by the regulator and are authorised persons (s 23). They have broader entry powers: they may enter non-residential premises at reasonable daytime hours or hours business is usually carried on (s 29). They cannot enter residential parts except with consent or under a search warrant (s 30). Notice of entry is required in writing unless specified exceptions apply, such as consent or urgent entry where the regulator has authorised no-notice entry (s 31). Enforcement officers can inspect, require opening or pulling down of work when they suspect contraventions, take measurements and samples, require reasonable help and require persons to answer questions and furnish information (s 34). Obstruction of enforcement officers or failure to comply with their requirements without reasonable excuse is an offence with penalties (s 36).
Search warrants. Enforcement officers may apply to an authorised warrants officer for a search warrant where there are reasonable grounds to believe the Act or regulations have been contravened on premises (s 35(1)-(2)). A warrant authorises the named enforcement officer to enter and search for evidence (s 35(2)). The Law Enforcement (Powers and Responsibilities) Act 2002, Division 4 of Part 5, applies to such search warrants (s 35(3)). Police may accompany enforcement officers executing warrants and assist them (s 35(4)).
Use of force. Reasonable force may be used to gain entry to non-residential premises only where the plumbing regulator has authorised the use of force in writing for that particular entry and has specified the circumstances which must exist before force may be used (s 32). Use of force authority must be in writing and specify the circumstances (s 32(2)).
Procedural protections and remedies
Appeal rights. Directions under s 14 may be appealed to the Land and Environment Court (s 39).
Injunction powers. The Land and Environment Court may grant injunctions in relation to works that pose or would pose a serious risk to public health or safety, at the Minister’s or regulator’s or another person’s application (s 40). The Court may also grant injunctions by consent and may grant interim injunctions pending determination (s 40(2)-(3)). The Act provides that the Court must not require the Minister or regulator to give an undertaking as to damages or costs as a condition of granting an interim injunction when that body is the applicant (s 40(7)).
Evidentiary and service provisions
Prima facie evidence. A certificate purporting to be signed by the plumbing regulator certifying appointments, notices, directions or that an appointment was in force is prima facie evidence of those matters (s 50).
Service of notices. The Act prescribes multiple permissible methods for serving notices and directions, including personal service, leaving at residence or place of business, posting to the last known address, email to an address specified for service and other methods authorised by regulation (s 51(1)). The Act allows other legally permissible service methods to continue to operate (s 51(2)).
Collectively, the enforcement framework couples administrative remedial directions and cost recovery with criminal summary penalties and civil injunction relief, and provides for delegated local enforcement, penalty notices and a set of procedural protections for regulated parties.
How it interacts with other laws
The Act is explicitly designed to operate alongside a set of federal and state instruments and to modify meaning in certain contexts.
Primary legislative links
Home Building Act 1989. The licensing and supervision model in this Act is anchored to the Home Building Act 1989. The responsible person definition in s 5 depends on endorsed contractor licences and supervisor certificates under the Home Building Act. Section 6 requires that plumbing and drainage work be performed by persons authorised under the Home Building Act (s 6(1)). Schedule 1, cl 6 preserves work carried out under a permit issued under the Local Government Act 1993 or any other Act before commencement of s 9 as pre-notified in certain circumstances.
Plumbing Code of Australia. The Act makes compliance with the Plumbing Code of Australia a statutory requirement (s 7). The statutory term “code compliant” is defined by compliance with s 7 and the Code. Section 3 also adopts the term performance solution from the Plumbing Code of Australia.
Water and sewer statutes. The Act defines network utility operator to include Hunter Water Corporation, Sydney Water Corporation and other water authorities and registered operators under the Water Industry Competition Act 2006 and local government water functions (s 3). Section 4 uses network utility operators to mark out the scope of plumbing and drainage work that is captured by the Act, such as installations that connect to a network utility operator’s water supply system (s 4(1)(a), (d)).
Law Enforcement (Powers and Responsibilities) Act 2002. Search warrants issued under s 35 are governed by Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 (s 35(3)), and authorised warrants officers are those within the meaning of that Act (s 35(5)). The Act also cross-references procedural protections for search warrants and policing support (s 35(4)).
Fair Trading Act 1987. Inspectors and enforcement officers may include investigators under the Fair Trading Act (ss 22(2)(d), 23(2)(c)).
Local Government Act 1993. The definitions of county council and joint organisation and delegation to local councils interact with local government statutory functions (s 3). Schedule 1 cl 6 references permits issued under the Local Government Act 1993 for transitional treatment.
Information sharing and privacy
Privacy and other laws. Section 47 authorises information sharing between the plumbing regulator, local councils, network utility operators and the Ministry of Health for necessary purposes and states that such disclosure may occur despite any prohibition or compliance requirement in any Act or law, including the Privacy and Personal Information Protection Act 1998 (s 47(3)). This creates an express statutory gateway for information exchange that would otherwise be constrained by privacy law.
Regulatory instrument interaction
Regulations. The Governor may make regulations for any matter required or permitted to be prescribed by the Act (s 52(1)). The regulations may make provision in relation to fees (s 52(2)(a)), requirements for carrying out plumbing and drainage work (s 52(2)(b)), delegation fee-setting and methodology where functions have been delegated (s 52(3)), and may create offences punishable by a penalty not exceeding 20 penalty units (s 52(4)). Regulations are thus the principal means of operationalising inspection fees, timing of prescribed periods, exemptions and staged commencement in utility areas (Schedule 1, cl 2).
Transitional and saving interaction
Staged commencement and savings. Schedule 1, cl 2 allows the regulations to prescribe different start dates for provisions in different utility areas, and to exclude certain areas from staged commencement where specified provisions apply from the date of commencement (Schedule 1, cl 2(4)). Schedule 1, cl 3 reinterprets requirements in relevant laws to map older standards and fitting-approval regimes into the Act’s code‑compliant and authorised fittings regime upon commencement of ss 7 and 8. Schedule 1, cl 5 preserves certain pre-commencement work as code compliant or fittings as authorised where they complied with prior codes or were lawfully used at the time (Schedule 1, cl 5(1)-(2)).
Appeals and court interaction
Land and Environment Court. Appeals against directions under s 14 are heard by the Land and Environment Court (s 39). The Land and Environment Court also has injunction powers under s 40 and may exercise those powers in situations where serious risk to public health or safety is shown.
Evidentiary and procedural overlaps
Fines Act and service rules. Penalty notices are governed by the Fines Act 1996 (s 41(3)) and service of notices follows the Act’s service provisions which complement any other statutory or court rules (s 51(2)).
Overall, the Act positions itself as a sector-specific statute that borrows licensing and professional-regulation architecture from the Home Building Act, adopts technical standards produced by the national building regulatory instrument (the Plumbing Code of Australia), interfaces with water-sector statutes for scope and delegation, and relies on regulations for operational detail including fees, timing and exemptions. It provides statutory gateways for information sharing and aligns enforcement and search-warrant procedures with broader law-enforcement legislation.
Amendment history
The text includes editorial annotations noting amendments to specific sections across a sequence of years. The Act as provided carries amendment annotations at various provisions; these are the amendments recorded in the source text.
s 3 (Definitions) carries amendment annotations: Am 2013 No 47, Sch 1.20 [1]; 2017 No 22, Sch 4.34 [1] [2]; 2017 No 65, Sch 2.23 [1]; 2018 No 43, Sch 2.2 [1] [2]; 2021 No 26, Sch 2.11; 2022 No 59, Sch 3.53; 2024 No 53, Sch 3.7. These annotations indicate amendments to definitions across several legislative instruments between 2013 and 2024.
s 4 includes amendment annotations: Am 2013 No 47, Sch 1.20 [2]; 2017 No 65, Sch 2.23 [2].
s 9: Am 2018 No 43, Sch 2.2 [3].
s 12: Am 2018 No 43, Sch 2.2 [4].
s 14: Am 2013 No 95, Sch 4.29; 2018 No 43, Sch 2.2 [5]-[8].
s 15: Am 2018 No 43, Sch 2.2 [9].
s 16: Am 2013 No 47, Sch 1.20 [3] [4]; 2017 No 65, Sch 2.23 [3] [4]; 2018 No 43, Sch 2.2 [10] [11].
s 21: Am 2013 No 47, Sch 1.20 [5]-[7]; 2017 No 65, Sch 2.23 [5]-[7].
s 22: Am 2013 No 47, Sch 1.20 [8]; 2017 No 65, Sch 2.23 [8].
s 23: Am 2013 No 47, Sch 1.20 [9]; 2017 No 65, Sch 2.23 [9].
s 24: s 24 present without amendment note in the provided text.
s 41: Substituted 2017 No 22, Sch 3.56.
s 42A: Inserted 2018 No 43, Sch 2.2 [12].
s 47: Am 2013 No 47, Sch 1.20 [10]-[12]; 2017 No 65, Sch 2.23 [10] [11].
s 48: Am 2013 No 47, Sch 1.20 [13]; 2017 No 65, Sch 2.23 [12].
s 51: Amended 2017 No 25, Sch 1.24 [1] [2].
s 52: Amended 2013 No 47, Sch 1.20 [14]; 2017 No 65, Sch 2.23 [13] [14].
Various other sections include amendment notes in the body (for example s 3 and s 16 have earlier annotations).
Schedule notes
Schedule 2 and Schedule 3 are marked as repealed in the source: "Schedules 2, 3 (Repealed)" with references to earlier repeals (sch 2: Rep 1987 No 15, sec 30C; sch 3: Rep 1987 No 15, sec 30C).
Transitional provisions
Schedule 1 includes staged commencement, transitional treatment for pre-existing works, conversion of older code references to “code compliant” upon commencement of s 7, preservation of fittings lawfully used before s 8 commencement (Schedule 1, cls 2-6). Schedule 1, cl 2 allows regulations to prescribe different start dates for different utility areas.
The source text does not supply the instruments or exact content of those amending statutes or the full legislative history beyond the inline annotations. The annotations identify the years and schedules where amendments were made in other Acts; the text does not provide the full amending language. Where the Act refers to being amended, the notes indicate which sections were amended and the amending Acts and schedule references.
Litigation history
The source text supplied does not record or cite any decided cases or litigation history. The only court references in the Act concern statutory procedural rights and jurisdictions:
Appeals from directions of the plumbing regulator are to the Land and Environment Court (s 39).
The Land and Environment Court may grant injunctions in respect of serious risks to public health or safety, and the Act prescribes certain evidentiary and undertaking rules in those proceedings (s 40).
Search warrants issued under s 35 are governed by the Law Enforcement (Powers and Responsibilities) Act 2002, and police may accompany enforcement officers executing such warrants (s 35(3)-(4)).
Beyond these procedural and jurisdictional cross-references, the provided Act text contains no case citations, statutory case law references or examples of litigation outcomes. Any analysis of how courts have interpreted directions, the regulator’s powers, or continuing-offence provisions would require reference to external case law not contained in this source.
Gotchas
The Act contains several technical and practical traps that can lead to liability or operational disruption if not anticipated and managed.
Pre-notification timing and scope
Performance-solution threshold. When the work involves a proposed performance solution as defined in the Plumbing Code of Australia, the notice-of-work timing is substantially longer: no later than 20 business days before the work is carried out (s 9(3)(a)). Responsible persons must identify whether the work is a proposed performance solution and plan timeline accordingly.
Strict correspondence requirement. Work done must correspond to the specifications in the notice of work; “corresponds” is limited to work that is the same as or not materially different from the notified work and performed by or under the supervision of the responsible person named in the notice (s 9(4)). Any material deviation or change of responsible person requires a further notice before carrying out the changed work (s 9(4) and note). Failure to re-notify risks contravention exposure and later direction under s 14.
Inspection readiness and fees
Fee pre-condition for inspection notice. A notice under s 13 is only “duly given” if any fee required by the regulations for the inspection has been paid (s 13(2)). Because regulation-making is the mechanism to set inspection fees (s 12(3), s 52(2)(a)), a failure to pay a prescribed fee renders a notice defective and can trigger later directions and penalties.
Inspection period obligations. The plumbing regulator may specify the inspection period (s 13(3)-(4)). The responsible person must ensure the works are accessible and must be present or provide an agreed representative qualified to carry out the work without supervision (s 13(5)). Practical risk: failing to secure the worker’s attendance or a qualified representative can expose the responsible person to penalties under s 13(5).
Emergency work and retrospective notice
Emergency exceptions but retrospective notice. Emergency work is exempt from pre-notification (s 10(1)-(2)) but requires notice to the plumbing regulator within a period prescribed by regulation after the work is carried out (s 10(3)). The failure to comply within the prescribed period carries a maximum penalty (s 10(3)). Responsible persons should not rely on emergency status as an absolute defence to notification obligations.
Certificates and plans: timing and recipients
Certificate timeline. Where a physical inspection has been conducted, a certificate of compliance must be given on completion; in other cases it must be given within a period prescribed by regulation (s 15(1)(a)). The responsible person must also give a copy to the person for whom the work was carried out within a regulated period (s 15(1)(b)). The regulations will determine the precise deadlines; non-compliance draws penalties.
Plan supply and delegation. Plans of sanitary drainage systems must be supplied to the owner and the plumbing regulator on completion or within a period prescribed by regulation (s 16(1), (4A)). The regulator may delegate its functions, and plan supply to the regulator may be satisfied by supplying plans to a local council or county council if the plumbing regulator has delegated functions under this section (s 16(3)). If responsibilities have been delegated, the responsible person must check the delegate and supply route to avoid missing a statutory recipient.
Authorised fittings regime
Shift from network operator approvals. Schedule 1, cl 3(2) directs that where other laws required fittings approved by a network utility operator, those references are to be read as requiring use of authorised fittings under this Act after the commencement of s 8. Responsible persons and suppliers must track the regulator’s Gazette directions under s 20 to know which fittings are authorised; using an unauthorised fitting is a standalone offence (s 8).
Regulator directions and limits
Wide remedial powers. The regulator may require repair, replacement, disconnection, uncovering of work and re-notification (s 14(1)(a)-(j)). The regulator’s directions can require the responsible person to disconnect water supplies or to disconnect a sanitary plumbing/drainage system from a sewer where there is a reasonable-ground risk to public health (s 14(1)(e)-(f)). Such directions can have immediate operational consequences and impose substantial remedial costs.
Time limits and defences. A direction ceases to have effect if the work becomes subject to a Home Building Act order (s 14(4)) and is of no effect if issued more than two years after completion (s 14(5)). There is a specific defence for failing to comply with an uncovering direction where the responsible person establishes they took all reasonable steps to ensure uncovering occurred (s 14(10)). Parties must be prepared to document steps taken.
Entry, consent and residential protections
Inspectors require consent. Inspectors may enter premises only with occupier consent (s 26). Enforcement officers have notice-based entry but cannot enter residential parts except with consent or under a warrant (ss 29-30). Parties should be aware of the distinction between inspectors and enforcement officers when planning inspections and understanding lawful entry constraints.
Notice requirements and urgent entry. The regulator must give written notice before an enforcement officer enters (s 31(1)-(2)) unless specified exceptions apply, such as consent, inspection already notified under Division 3 of Part 2, authorised urgent no‑notice entry, or a search warrant (s 31(3)). Urgent entries must be promptly notified to the regulator by the enforcement officer (s 33), and the regulator must notify appropriate persons or authorities (s 33(2)). Failure to comply with notice provisions or to follow urgent-entry protocols may raise procedural disputes.
Information sharing and privacy exceptions
Statutory privacy gateway. Section 47 allows information exchange despite prohibitions or requirements in any Act or law, including privacy legislation (s 47(3)). Where the plumbing regulator or delegates provide or receive information, privacy controls under other statutes may not block the disclosure. Responsible persons and owners should be aware that the regulator may share regulated information with councils, network utility operators and the Ministry of Health where necessary (s 47(1)).
Continuing obligations
Continuing offences and directions. Contraventions of requirements that are expressed as continuing obligations attract daily liability until complied with (s 42A). Directions continue in effect until complied with (s 49). In practice this can convert a single breach into a persistent exposure to penalties until remedial work is completed and compliance is formalised.
Delegation and fee-setting risks
Delegation and local fee variability. The plumbing regulator may delegate functions to local councils and joint organisations and the regulations allow delegated bodies to set fees and methodologies, including maximums (s 21(1), s 52(3)). This creates potential variation in fee regimes across local areas. Responsible persons working in multiple local government areas must monitor local fee regimes and any fee-setting methodologies adopted by delegates.
Evidentiary and service pitfalls
Certificate prima facie. A certificate purporting to be signed by the plumbing regulator is prima facie evidence of matters such as appointments, notices and directions (s 50). Parties must engage promptly with certificates issued under s 50 because such certificates carry evidentiary weight unless rebutted.
Service by email. Service methods include email to an address specified by the person for service of notices (s 51(1)(a)(v), (b)(iv)). Parties should ensure they have nominated an appropriate email address for service and manage their inboxes for regulatory communications.
Taken together, these provisions place procedural and substantive compliance burdens on responsible persons, require accurate and timely documentation, make pre-notification and inspection logistics a central compliance task, and create local variability through delegation and regulation.
How to comply
Below is a practical, statute‑driven compliance checklist mapped to the Act’s provisions. The checklist is procedural and factual; users should consult the Act and the regulations for timings, fees and approved forms.
Verify the responsible person and licensing status (s 5; s 6)
Confirm whether the work will be carried out by an endorsed contractor licence holder or supervisor certificate holder under the Home Building Act 1989; if the work is to be carried out under supervision, confirm the immediate or general supervision arrangements meet the Home Building Act definitions (s 5; s 6(1)(a)-(c)).
If the work will be performed by a tradesperson certificate holder under general supervision, ensure a supervising licence/certificate holder is in place.
Determine whether the work falls within the Act’s scope (s 4)
Use s 4 to confirm that the proposed activity is within the statutory definition (connections to network utility operator water supply systems, sanitary plumbing systems, sanitary drainage upstream of connection points, residential building work tied to other water systems, or any work declared by regulation).
Check if the work is excluded under s 4(5) or classified as exempt owner/occupier work.
Identify applicable standards and fittings (s 7; s 20; s 8)
Ensure the proposed design and execution will comply with the Plumbing Code of Australia and any standards prescribed in regulation (s 7).
Check the plumbing regulator’s Gazette directions on authorised fittings (s 20). Only use fittings that do not contravene the regulator’s direction; otherwise you must replace the fitting (s 14(1)(d)).
Pre-notification obligations (s 9)
Prepare the notice of work in the approved form specifying the work and responsible person (s 9(2)).
Where a proposed performance solution is involved, submit the notice no later than 20 business days before the work begins (s 9(3)(a)). For other work, give the notice before carrying out the work and before any notice under s 13 (s 9(3)(b)).
If the work materially changes or the responsible person changes, give a further notice before carrying out the changed work (s 9(4)).
Manage emergency work procedures (s 10)
If work is emergency work as listed in s 10(2), pre-notification is not required, but ensure a notice of the emergency work is given to the plumbing regulator in an approved form within the period prescribed by regulation after carrying out the work (s 10(3)).
Ensure reasonable steps are taken to avoid threatening the health and safety of occupiers when carrying out emergency work (s 10(4)).
Arrange inspections and pay fees (ss 12-13)
When the work is nearing completion, notify the plumbing regulator when the work will be ready for inspection before or within the regulatory period after completion (s 13(1)). Ensure any inspection fee required by regulation is paid so the notice is duly given (s 13(2)).
Be prepared to agree an inspection period with the regulator or accept a reasonable period specified by the regulator (s 13(3)-(4)). Ensure the work is accessible and that the responsible person is present or provides an agreed qualified representative (s 13(5)).
Comply with regulator directions and remediate defective work (s 14)
If the plumbing regulator issues a written direction, comply within the period specified unless there is a reasonable excuse (s 14(2)).
If directed to uncover work for inspection, document steps taken to comply; this can be a statutory defence if full compliance was obstructed despite reasonable steps (s 14(10)).
Note directions become ineffective if issued more than two years after completion (s 14(5)) or when the Home Building Act order covers the work (s 14(4)).
Issue certificates and supply plans on completion (ss 15-16)
On completion and after inspection as applicable, give the plumbing regulator a certificate of compliance in the approved form and give a copy to the person for whom the work was carried out within the regulation-prescribed period (s 15(1)(a)-(b)). Ensure the certificate certifies code compliance (s 15(3)).
Where sanitary drainage system work is involved, supply the owner (or owner’s agent) and the plumbing regulator with a plan in approved form on completion or within the period prescribed by regulation (s 16(1), (4A)). If the regulator has delegated functions to the local council or joint organisation, supply to the delegate as directed (s 16(3)).
Notify owner/occupier and regulator of defective installations discovered during work (s 11)
If you or your supervising worker discover a defective installation, give written notice to the owner and occupier within the regulatory period (s 11(1)).
If the defect poses an imminent threat to public health or safety, notify the plumbing regulator in writing within the regulatory period (s 11(2)).
Preserve documentation, plan for information sharing and privacy (s 47; s 46)
Maintain records of notices of work, inspection notices, certificates of compliance, plans and communications with the regulator and any delegate. Sections 47 and 46 govern disclosure and protection of information; be aware that the regulator may share information with local councils, network operators and the Ministry of Health where necessary and that disclosure may override other statutory privacy prohibitions (s 47(3)).
Prepare for entry, inspections and assistance requests (ss 24, 26-28, 29-36)
Ensure authorised personnel carry identification cards and that inspectors/enforcement officers can produce them on request (s 24(1)-(3)).
For inspections by inspectors, obtain occup
Section 5Responsible person for plumbing and drainage work
plumbing regulatormeans the Secretary of the department in which this Act is administered.
pre-notified—see section 9.
premises includes land and buildings.
repair includes make good, replace, reconstruct, remove, alter, cleanse or clear.
responsible person—see section 5.
sanitary drainage system—see section 4.
sanitary plumbing system—see section 4.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
(3) For the purposes of this Act, plumbing and drainage work does not involve a proposed performance solution if it is carried out in relation to an existing performance solution and it does not change the design of the existing performance solution.
s 3: Am 2013 No 47, Sch 1.20 [1]; 2017 No 22, Sch 4.34 [1] [2]; 2017 No 65, Sch 2.23 [1]; 2018 No 43, Sch 2.2 [1] [2]; 2021 No 26, Sch 2.11; 2022 No 59, Sch 3.53; 2024 No 53, Sch 3.7.
4 Plumbing and drainage work—meaning
4 Plumbing and drainage work—meaning
4 Plumbing and drainage work—meaning
Note—
The plumbing and drainage work to which this Act applies is commonly referred to as on-site plumbing and drainage work.
(1) In this Act, plumbing and drainage work means—
(a) the construction of, or work on, a plumbing installation that connects, directly or indirectly, with a network utility operator’s water supply system, downstream from the point of connection to a network utility operator’s water supply system, or
(b) the construction of, or work on, a plumbing installation that connects, directly or indirectly, with any other water supply system, if the construction or work is residential building work within the meaning of the Home Building Act 1989, or
(c) the construction of, or work on, a sanitary plumbing system, or
(d) the construction of, or work on, a sanitary drainage system upstream from its point of connection to—
(i) a system for the disposal of sewerage, or
(ii) a system for the re-use of sewerage or other wastewater, or
(iii) an on-site wastewater management or treatment system, or
(iv) a network utility operator’s sewerage system, or
(e) any other type of construction or work declared by the regulations to be plumbing and drainage work.
(2) A plumbing installation means an installation that conveys, or controls the conveyance of, water but does not include anything connected to, extending or situated beyond the outlet from a fixture, fitting or pressurised line.
(3) A sanitary plumbing system means an assembly of pipes, fittings, fixtures and appliances used to collect and convey sewage to a sanitary drainage system.
(4) A sanitary drainage system means an assembly of pipes, fittings and apparatus (usually located below ground level) used to collect and convey the discharge from a sanitary plumbing system, together with discharge from fixtures directly connected to a drain, to a sewer.
(5) Subject to the regulations, plumbing and drainage work does not include any of the following work—
(a) the construction of, or work on, stormwater pipes,
(b) the construction of, or work on, fire suppression systems,
(c) the construction of, or work on, network utility operator, local council, joint organisation or county council water or stormwater mains, sewers or sewerage systems,
(d) roof plumbing work (being work declared by the regulations under the Home Building Act 1989 to be roof plumbing work),
(e) exempt owner/occupier work, being work that—
(i) involves repairing a tap or showerhead in a dwelling (other than a repair of a thermostatic mixing valve, tempering valve or backflow prevention device) or the installation of water-restricting or flow-regulating devices to tap end fittings (including showerheads) in a dwelling, and
(ii) is carried out by the owner or occupier of the dwelling, or a person authorised to carry out the work by the owner or occupier of the dwelling who does not receive payment or other consideration for carrying out the work.
Note—
Work excluded from the definition of plumbing and drainage work still has to be done in accordance with any other relevant legislation, for example the Home Building Act 1989.
s 4: Am 2013 No 47, Sch 1.20 [2]; 2017 No 65, Sch 2.23 [2].
5 Responsible person for plumbing and drainage work
5 Responsible person for plumbing and drainage work
5 Responsible person for plumbing and drainage work
In this Act, the responsible person for plumbing and drainage work means—
(a) in the case of work carried out or proposed to be carried out by the holder of an endorsed contractor licence or a supervisor certificate under the Home Building Act 1989 authorising the holder to do the work, the holder of that licence or certificate, or
(b) in the case of work carried out or proposed to be carried out under the immediate or general supervision of the holder of an endorsed contractor licence or a supervisor certificate under the Home Building Act 1989 authorising the holder to supervise the work, the holder of the endorsed contractor licence or supervisor certificate.
Part 2 Plumbing and drainage work
Part 2 Plumbing and drainage work
Part 2 Plumbing and drainage work
Division 1 General requirements for plumbing and drainage work
Division 1 General requirements for plumbing and drainage work
Division 1 General requirements for plumbing and drainage work
6 Plumbing and drainage work to be carried out only by authorised persons
6 Plumbing and drainage work to be carried out only by authorised persons
6 Plumbing and drainage work to be carried out only by authorised persons
(1) A person must not do any kind of plumbing and drainage work unless the person—
(a) holds an endorsed contractor licence or a supervisor certificate in force under the Home Building Act 1989 authorising the holder to do that kind of work, or
(b) does the work under the immediate supervision of the holder of such a licence or certificate, or
(c) holds a tradesperson certificate in force under the Home Building Act 1989 authorising the holder to do that work under supervision and does that work under the general supervision of the holder of a licence or certificate referred to in paragraph (a).
Maximum penalty—100 penalty units.
(2) A person cannot be found guilty of both an offence under this section and a similar offence under another Act in respect of the same work done on the same occasion.
(3) A similar offence under another Act is an offence under another Act constituted by doing work that can only be done by or under the supervision of the holder of an authority under the Home Building Act 1989.
Note—
The Hunter Water Act 1991, the Local Government Act 1993, the Sydney Water Act 1994, the Water Industry Competition Act 2006 and the Water Management Act 2000 contain similar offences. Those offences apply to any water supply, sewerage or drainage work that affects the infrastructure of a network utility operator.
7 Plumbing and drainage work to comply with certain standards
7 Plumbing and drainage work to comply with certain standards
7 Plumbing and drainage work to comply with certain standards
(1) The responsible person for plumbing and drainage work must ensure the work complies with—
(a) the Plumbing Code of Australia, and
(b) any other standards or requirements prescribed by the regulations.
Maximum penalty—100 penalty units.
(2) Work done in accordance with this section is code compliant.
8 Authorised fittings to be used for plumbing and drainage work
8 Authorised fittings to be used for plumbing and drainage work
8 Authorised fittings to be used for plumbing and drainage work
The responsible person for plumbing and drainage work must ensure any fitting used in the plumbing and drainage work is an authorised fitting.
Maximum penalty—100 penalty units.
Division 2 Notice of plumbing and drainage work
Division 2 Notice of plumbing and drainage work
Division 2 Notice of plumbing and drainage work
9 Plumbing and drainage work must be pre-notified to plumbing regulator
9 Plumbing and drainage work must be pre-notified to plumbing regulator
9 Plumbing and drainage work must be pre-notified to plumbing regulator
(1) The responsible person for plumbing and drainage work must ensure that no plumbing and drainage work is carried out by, or under the supervision of, the responsible person unless—
(a) the responsible person has given the plumbing regulator a notice of work in accordance with this section, and
(b) the work carried out corresponds to the specifications in the notice of work.
Maximum penalty—100 penalty units.
(2) A notice of work is a notice in an approved form that specifies the work to be carried out and the responsible person for the work.
(3) The notice of work must be given to the plumbing regulator—
(a) in relation to plumbing and drainage work that involves a proposed performance solution—no later than 20 business days before the work is carried out, and
(b) in any other case—before—
(i) the work is carried out, and
(ii) any notice under section 13 is given in relation to the work.
(4) Work carried out corresponds to the specifications in a notice of work only if—
(a) the work is the same as or not materially different from the work as specified in the notice of work, and
(b) the work is carried out by or under the supervision of the responsible person specified in the notice of work.
Note—
Accordingly, if a notice of work is given to the plumbing regulator and the work proposed to be carried out is materially different from the work notified, or the responsible person for the work changes, the plumbing regulator must be given a further notice of work with the new specifications before that work is carried out.
(5) Work notified in accordance with this section is work that has been pre-notified.
s 9: Am 2018 No 43, Sch 2.2 [3].
10 Emergency work does not have to be pre-notified
10 Emergency work does not have to be pre-notified
10 Emergency work does not have to be pre-notified
(1) Emergency work does not have to be pre-notified.
(2) Emergency work is plumbing and drainage work carried out in an emergency—
(a) to prevent waste of water, or
(b) to restore a water supply that has been shut off to prevent waste of water, or
(c) to free a choked pipe, or
(d) to protect public health or safety, or
(e) to prevent damage to property.
(3) The responsible person for any emergency work that is not pre-notified must give the plumbing regulator notice of the emergency work, in an approved form, within the period prescribed by the regulations after carrying out the work.
Maximum penalty—100 penalty units.
(4) The responsible person for any emergency work must take all reasonable steps to ensure that the work does not threaten the health and safety of any occupier of premises affected by the work.
Maximum penalty—100 penalty units.
11 Notice of defective installation or system
11 Notice of defective installation or system
11 Notice of defective installation or system
(1) The responsible person for plumbing and drainage work carried out on land must, within the period prescribed by the regulations, give the following persons written notice of any defective installation or system on the land discovered in the course of carrying out the plumbing and drainage work—
(a) the owner of the land,
(b) the occupier of the land (if the owner does not occupy the land).
Maximum penalty—100 penalty units.
(2) The responsible person for plumbing and drainage work carried out on land must, within the period prescribed by the regulations, give the plumbing regulator written notice of any defective installation or system on the land discovered in the course of carrying out the plumbing and drainage work that poses an imminent threat to public health or safety.
Maximum penalty—100 penalty units.
(3) A defective installation or system is discovered if the responsible person, or a person carrying out the plumbing and drainage work under the responsible person’s supervision, becomes aware that the installation or system concerned is defective.
(4) For the purposes of this section, an installation or system is any plumbing installation, sanitary plumbing sy
This is an opening excerpt, not the complete document.