The Regulation does not create its own definitions of core concepts; it borrows them from the Plumbing and Drainage Act 2011. Section 3 of the Regulation simply defines “business day” (not a Saturday, Sunday, or public holiday) and “the Act”. The key operational concept running through the Regulation is the “responsible person”. Although not defined here, the Act defines this as the person who commissions the work, the person who carries it out, or the owner or occupier who has control of the installation or system. The Regulation layers specific time‑based duties on whoever is the responsible person for particular work. The “plumbing regulator” is also a creature of the Act; it may be the Secretary of the Department (or a delegate) or a local council exercising delegated functions. The Regulation distinguishes between work that is “inspected by the plumbing regulator in the period during which the work must be available for inspection” and work that is not, because that distinction alters the time allowed for certificates of compliance and plans (cl 8(1)(b), cl 9(b)). A “proposed performance solution” is central to clause 10. It means plumbing and drainage work that does not rely on the prescriptive or “deemed‑to‑satisfy” provisions of the Plumbing Code of Australia but uses an alternative method to achieve compliance with the Code’s performance requirements. This concept introduces additional paperwork, third‑party consent, and regulator oversight. A “network utility operator” is a water or sewerage authority (typically Sydney Water, Hunter Water, or a local water utility) that owns the infrastructure to which a plumbing system connects. The “fee unit” is defined in Schedule 1 Part 2 as $100 for 2017‑18, then adjusted each financial year using a formula based on the Sydney CPI number for March. That indexation is automatic and does not depend on any publication notice (Part 2, cl 2(2) and cl 4(2)). “Penalty notice” under the Act (s 41) is a mechanism for the regulator to issue a fine for certain offences without a court prosecution; Schedule 2 lists the offences and the fixed penalty amounts. The Regulation also creates its own penalty‑notice offences (breach of cl 10(2), (3), or (5)) at $220. Other key quantitative concepts are the business day deadlines - two, five, or seven business days - which are all shorter than calendar‑day equivalents and require careful diary management. The concept of “emergency work” under s 10 of the Act is not elaborated in the Regulation; clause 5 merely sets the notice period. “Defective installation or system” under s 11 is similarly left to the Act for its meaning.

The Regulation imposes duties primarily on the “responsible person” for plumbing and drainage work. That category includes plumbers (individuals or companies holding an authorisation under the Act), property developers, owner‑builders, and anyone who commissions or carries out regulated work. For performance solutions, it also directly affects the person for whom the work is carried out (the client or homeowner), who must give written confirmation that they know a performance solution is proposed (cl 10(2)(a)). If that person is not the owner of the premises, they must within five business days give a copy of that confirmation to the owner or the owner’s agent (cl 10(3)). This means tenants or long‑term lessees who engage a plumber for a performance solution on a rented property become subject to communication obligations. Network utility operators (water and sewerage authorities) are affected because their written consent must be obtained before an installation using a performance solution can connect directly or indirectly to their system (cl 10(2)(b)). Employees or contractors of network utility operators benefit from a narrow exemption: they need not comply with most of Part 2 of the Act (notices, inspection notifications, certificates, plans) when the plumbing work is incidental to their normal duties, but they must still comply with the authorisation requirements of s 6 and the standards requirements of s 7 (cl 12). Local councils and county councils are affected as potential delegates of the plumbing regulator; they may set their own fees for exercising delegated inspection functions (cl 13(3)). The Regulation also indirectly affects homeowners who engage plumbers for minor works: although the work is exempt from the notice, inspection‑notification, and certificate‑of‑compliance obligations, the plumber still must be authorised and must comply with performance standards, and the homeowner still has duties under s 17 of the Act (maintenance of plumbing installations and drainage systems). The fee‑paying public is affected by the inspection fees in Schedule 1, which escalate annually by CPI. For after‑hours inspections (weekends, public holidays, before 8 am or after 4 pm on weekdays) the fee unit is 8.54 - at 2025‑26 fee‑unit value of $126.59, that is a $1,081 inspection. Performance solution work incurs an initial inspection fee of 2.54 fee units ($321) and each additional inspection at 1.51 ($191). Standard inspection is 1.03 ($130). These fees are set by the regulator but can be waived, reduced, or refunded at the regulator’s discretion (cl 13(2)). The Regulation’s penalty notice provisions affect any individual or corporation found contravening the listed offences, with fines ranging from $220 (for an individual breaching cl 10) up to $2,200 for a corporation breaching s 16(2) or s 45 of the Act.

The Regulation creates a set of time‑sensitive duties, a limited right to use performance solutions with extra paperwork, and a regulator’s right to demand further information. The duties fall into several categories. Notice duties: A responsible person who carries out emergency work must notify the plumbing regulator within five business days of the work being done (cl 5). A responsible person who becomes aware of a defective installation or system must notify the regulator within two business days of becoming aware (cl 6). Inspection‑notification duties: Within two business days of completing any plumbing and drainage work (unless exempt), the responsible person must notify the regulator that the work will be ready for inspection (cl 7). Certificate‑of‑compliance duties: Within two business days after the work is completed, the responsible person must give the certificate of compliance to the regulator and the owner (or other prescribed person). However, if the regulator did not inspect during the mandatory inspection period, the time extends to seven business days after completion (cl 8(1)). A person who receives a copy of a certificate and is required to pass it on (e.g., a contractor who must give it to the owner) has seven business days from receipt to do so (cl 8(2)). Plan‑of‑work duties: For sanitary drainage work, the plan must be supplied no later than two business days after completion, or seven business days if no regulator inspection occurred (cl 9). Performance‑solution duties: The responsible person must give to the regulator, at the same time as the notice of work under s 9 of the Act: (a) written confirmation from the client that they are aware a performance solution is proposed; (b) network utility operator consent if the installation connects to that operator’s water or sewerage system; and (c) evidence of suitability under the Plumbing Code (cl 10(2)). If the client is not the premises owner, the client must give a copy of the confirmation to the owner within five business days (cl 10(3)). The regulator may, within 15 business days of receiving the notice of work, issue a notice requiring the responsible person to provide expert assessments, information about expert qualifications, or design and suitability information (cl 10(4)). The responsible person must comply with that notice (cl 10(5)). Exemption rights: Persons carrying out minor works listed in cl 11 are relieved from the duties under ss 9, 13, and 15 of the Act - that is, they do not need to give a notice of work, notify readiness for inspection, or give certificates of compliance. But all other Act duties (authorisation, standards, supply of plans) still apply. Employees and contractors of network utility operators are exempt from most Part 2 duties (notices, inspection notifications, certificates, plans) for incidental work, but not from the authorisation and standards duties (cl 12). The owner/occupier’s duty under s 17 (maintenance) is also preserved. Fee‑related rights: The plumbing regulator may waive, reduce, refund, or postpone any fee (cl 13(2)). Local councils may set their own fees for delegated functions (cl 13(3)). Savings provision: Any act, matter, or thing done under the repealed 2012 Regulation continues to have effect under the 2017 Regulation (cl 14).

The Regulation establishes two tiers of penalty for non‑compliance. The first tier is the maximum penalty for breaches of the Regulation itself. Clause 10, which governs performance solutions, imposes a maximum penalty of 20 penalty units for a contravention of subclauses (2), (3), or (5). As at the 2025‑26 financial year, one penalty unit is $110 (under the Crimes (Sentencing Procedure) Act 1999, s 17), so 20 penalty units equals $2,200. This maximum is reserved for the most serious breaches of the performance‑solution duties - failing to provide the required documentation, failing to give the confirmation to the owner, or failing to comply with a regulator’s notice for further information. The second tier is the penalty notice regime in Schedule 2. A penalty notice allows the plumbing regulator to issue a fixed fine without court proceedings, and the recipient can elect to pay rather than contest the matter in court. The amounts in Schedule 2 are not indexed by CPI; they are fixed dollar amounts. For offences under the Act, the penalties are: for unauthorised work (s 6(1)) and non‑complying work (s 7(1)) - $1,100 each; for failing to give notice of work (s 9(1)) - $550; for failing to give notice of emergency work (s 10(3)) - $1,100; for failing to give notice of defective installations (s 11) - $1,100; for failing to notify inspection readiness (s 13(1) or (5)) - $1,100; for failing to have work available for inspection (s 14(2)) - $1,100 for the initial contravention, $550 per day for a continuing offence; for failing to supply documents (s 14(3)) - $1,100; for failing to give a certificate of compliance (s 15(1) or (2)) - $550; for failing to supply plans (s 16(1)) - $550; for supplying false or misleading plans or information (s 16(2)) - $1,100 for an individual and $2,200 for a corporation; for failing to comply with a compliance notice (s 37(7)) - $1,100; for refusing entry to an inspector (s 45) - $1,100 for an individual and $2,200 for a corporation; and for failing to appear before an inspector (s 46) - $220. For offences under the Regulation itself - breaches of cl 10(2), (3), or (5) - the penalty notice amount is $220. This is notably lower than the maximum court‑imposed penalty of $2,200, reflecting the regulatory preference for quick resolution of procedural breaches. The penalty notice regime is a significant enforcement tool because it removes the time and cost of prosecution. However, the Regulation does not create any new enforcement powers; those remain in the Act (e.g., compliance notices, stop work orders, prosecution). The practical effect is that the regulator can issue fines on the spot, which encourages prompt compliance with documentary obligations. The continuing‑offence penalty for failing to make work available for inspection (s 14(2)) at $550 per day can accumulate quickly, making prolonged non‑compliance expensive.

The Regulation sits entirely subordinate to the Plumbing and Drainage Act 2011. Every clause is expressed as a supplement to a specific section of the Act. It fills in the gaps that the Act deliberately left - most obviously the time periods for notices and certificates. Without the Regulation, ss 10, 11, 13, 15, and 16 of the Act would be inoperative because they require a regulation to prescribe the period. The Regulation also interacts with the Plumbing Code of Australia, which is adopted by reference through the Act’s requirement that work comply with prescribed standards. Clause 10(2)(c) specifically requires evidence of suitability of a proposed performance solution “in accordance with the Plumbing Code of Australia, A2G2.” That provision imports the Code’s verification methods and assessment requirements. The network utility operator consent requirement in cl 10(2)(b) ties the Regulation to the operating licences and agreements of bodies such as Sydney Water and Hunter Water. The water supply and sewerage systems of those operators are regulated under separate legislation (the Water Management Act 2000, the Water NSW Act 2014, and the Hunter Water Act 1991), but the plumbing Regulation uses a private‑law consent requirement rather than creating a direct statutory veto. The exemption for network utility operator employees (cl 12) recognises that those employees may need to perform minor connection or inspection work that would otherwise require full compliance with Act Part 2; however, it does not exempt them from the authorisation and standards duties in ss 6‑7, which are enforced by the plumbing regulator regardless of the employer. The exemption for minor works (cl 11) operates only in relation to ss 9, 13, and 15 of the Act; all other provisions of the Act continue to apply. This means the minor‑work exemption does not affect obligations under s 16 (supply of plans) - a point explicitly noted in the clause’s note. Also preserved is the duty of an owner or occupier under s 17 to ensure a plumbing installation or sanitary drainage system is maintained and not defective. The Regulation’s savings provision (cl 14) ensures continuity with the 2012 Regulation; any act, matter, or thing done under the old regulation continues to have effect. This is important for work that commenced before 1 September 2017 but was not completed until after that date. The fee indexation mechanism in Schedule 1 Part 2 uses the Sydney CPI published by the Australian Bureau of Statistics, which means the Regulation is automatically updated by a data series it does not control - a form of legislative incorporation by reference. The penalty notice amounts in Schedule 2 reference offences under the Act, meaning the Schedule effectively converts some Act offences into strict‑liability administrative fines. The Regulation itself does not create any interaction with state planning laws (the Environmental Planning and Assessment Act 1979) or the Building Code of Australia, except that performance solutions for plumbing may also trigger performance solutions under the National Construction Code.

The Plumbing and Drainage Regulation 2017 was originally published on the NSW legislation website and commenced on 1 September 2017. It has been amended twice. Amendment 1: 2018 No 43 (Schedule 2.3). This was a miscellaneous amendment that made several changes: it amended the definition in clause 3 (apparently to update cross‑references); it repealed clause 4 (which is now shown as repealed); it amended clause 8 (certificates of compliance) by substituting a new version - the current text with the two‑or‑seven business day structure; it amended clause 9 (plans of work) with the same two‑or‑seven business day structure; it amended Schedule 1 (fees) by updating the table; and it amended Schedule 2 (penalty notice offences) by adding or adjusting entries. The amending Act was the Statute Law (Miscellaneous Provisions) Act 2018, a standard omnibus bill used in NSW to make non‑controversial corrections and minor policy adjustments. Amendment 2: 2023 No 71 (Statutory Instruments Amendment Act 2023, Schedule 1.7). This amendment altered clause 10(1) and (2) by updating the reference to “A2G2” in the Plumbing Code of Australia. It also appears to have removed a former subclause (2) that had been duplicated or restructured - though the text shows only a single set of (2)‑(5). The amendment was part of a broader reform to statutory instruments in NSW. The Regulation also has an editorial note in the version we have that lists fee unit amounts from 2018‑19 to 2025‑26, but that note is not part of the Regulation (see cl 3(3): notes do not form part of the Regulation). The fee unit amounts themselves change automatically each year by operation of the formula, not by further amendment. The Regulation replaces the Plumbing and Drainage Regulation 2012, which was repealed on 1 September 2017 by operation of section 10(2) of the Subordinate Legislation Act 1989. The 2017 Regulation is a fresh instrument, not a re‑enactment, though the savings provision preserves pre‑commencement acts.

The text of the Plumbing and Drainage Regulation 2017, as supplied, does not cite any court cases. There is no litigation history recorded in the regulation itself, nor are any cases mentioned in the notes or schedules. The Regulation is a procedural subordinate instrument, and disputes under it are likely to be resolved either by penalty notice payment or by prosecution in the Local Court of New South Wales under the Plumbing and Drainage Act 2011. Because the Regulation only prescribes periods, fees, and procedural obligations, most litigation would concern the interpretation of the parent Act rather than the Regulation itself. For example, a dispute about whether a particular deadline was met might turn on the definition of “business day” and whether the day the work was completed counts as day one - but that is a matter of statutory interpretation not requiring a reported case. The maximum penalty of 20 penalty units for a regulation offence is relatively low, so appeals to higher courts are rare. No appellate decisions interpreting the Regulation’s provisions appear in the source text. It is possible that the Administrative Decisions Tribunal (now the Civil and Administrative Tribunal) has considered fee‑waiver decisions or internal review of penalty notices, but no such cases are referenced. The absence of litigation history in the source does not mean no proceedings have occurred, but it does mean that the Regulation itself has not generated authoritative judicial gloss. The practitioner must therefore rely on the plain text and perhaps on general principles of interpretation of time limits (e.g., whether a period includes the date of the triggering event). The note in cl 3(3) stating that notes do not form part of the Regulation is a routine drafting clarification; it has been litigated in other contexts but not specifically under this Regulation.

Several provisions in the Regulation contain traps for the unwary. Business days vs calendar days. All time periods in the Regulation are expressed in business days, which exclude Saturdays, Sundays, and public holidays. A period of two business days can stretch over a long weekend, meaning a plumber who completes work on a Thursday before Easter may not need to notify until the following Wednesday. Conversely, a person who relies on a calendar‑day calculation will be early, not late, but could still incur extra cost by rushing. The more serious trap is the opposite: a person who assumes “days” means calendar days may accidentally serve the notice late. The two‑or‑seven day split for certificates and plans. Clauses 8 and 9 give a shorter deadline (2 business days) if the regulator inspected the work during the mandatory inspection period, but a longer one (7 business days) if no inspection occurred. This appears counterintuitive: one might expect no inspection to require faster paperwork (to allow the regulator to assess). But the Regulation’s logic is that if the regulator missed the inspection window, the paperwork must wait until completion, and then the person gets the longer period - presumably because the work cannot be signed off until the regulator inspects later. The risk is that a responsible person who incorrectly assumes the longer period applies may miss the two‑business‑day deadline if the regulator did in fact inspect. Performance solution documentation timing. The documents for a performance solution must be given “at the same time” as the notice of work under s 9 of the Act (cl 10(2)). If the notice of work is given before the documents are ready, the responsible person is in breach. The regulator can then use its 15‑business‑day window to demand further information, but the duty to provide the initial documents is not postponed. Also, the requirement that the client give the confirmation to the owner within five business days (cl 10(3)) is a separate duty with its own penalty; the plumber cannot assume the client will do it. Exemptions are narrow. Clause 11 exempts minor works from only three sections of the Act (9, 13, 15). This means a plumber replacing a hot water unit is free from giving a notice of work, an inspection notification, and a certificate of compliance - but must still ensure the work is authorised (s 6), complies with standards (s 7), and that the plan of work for any sanitary drainage (s 16) is supplied if required. The exemption does not exempt from the defective‑installation notification duty (s 11) or the emergency work notice duty (s 10). So a tap‑ware replacement that uncovers a defective pipe must still be reported within two business days. Network utility operator exemption limits. Clause 12 exempts employees and contractors from Part 2 duties only if the work is “incidental to other work that was not plumbing and drainage work.” A dedicated plumbing job by a utility employee is not exempt; only work that happens as a by‑product of non‑plumbing work (e.g., opening a valve while repairing a road) qualifies. And the exemption does not apply to the owner/occupier’s s 17 duty. Fee indexation is automatic. The fee for an after‑hours inspection in 2025‑26 is 8.54 fee units at $126.59 = $1,081.10, rounded down to $1,081 (by cl 3 of Part 2). A plumber who quotes based on the fee unit amount from a previous year could undercharge. The regulator is not required to publish the actual fee amounts - only to give notice after calculation - but cl 4(2) says the change operates regardless. Penalty notice amounts differ by corporation. Multiple offences in Schedule 2 attract a higher penalty for a corporation than for an individual (ss 16(2), 45). A sole trader operating through a company structure is therefore exposed to higher fines. Repeal of 2012 Regulation. Work commenced under the 2012 Regulation but not completed before 1 September 2017 is saved, but the 2017 Regulation’s time periods apply to any work done after that date (cl 14). A person who started work before 1 September may have assumed the old 5‑day notice period applied.

Compliance with the Plumbing and Drainage Regulation 2017 is largely a matter of calendar management and documentation discipline. The responsible person should maintain a ledger of each plumbing and drainage job, noting the date of completion, the date of any regulator inspection during the mandatory period, and the date of service of each required notice or certificate. For routine work (non‑performance‑solution, non‑exempt), the checklist is: give a notice of work under s 9 of the Act before starting; within two business days of completion, notify the regulator that the work is ready for inspection; within two business days of completion (or seven if no inspection occurred), give the certificate of compliance to both the regulator and the owner; and for sanitary drainage, supply the plan in the same timeframe. Use a diary system that alerts you on business days, not calendar days. For emergency work, send the notice within five business days after the work is done, even if the emergency itself occurred outside business hours. For defective installations, never delay: the two‑business‑day clock starts ticking the moment the responsible person becomes aware of the defect, not when the owner notifies them. For minor works in clause 11, you may omit the notice of work, the notification of inspection readiness, and the certificate of compliance, but still keep a record of authorisation and compliance with standards. Do not assume the work is entirely unregulated - the defective‑installation notice and emergency notice duties remain, and the work must still be undertaken by a licensed plumber. For performance solutions, the lead‑time is longer. Before lodging the notice of work under s 9, prepare the client confirmation, the network utility operator consent (if connecting to a network), and the evidence of suitability under the Plumbing Code. Give all three documents to the regulator simultaneously with the notice of work. Give the client confirmation to the owner (if not the same person) within five business days. After the regulator receives the notice, it has 15 business days to demand further information; be ready to supply expert assessments, qualifications, and design details promptly. Failure to respond is an offence with a maximum penalty of 20 penalty units and a penalty notice of $220. For fee management, check the current fee unit amount on the NSW legislation website (the editorial note is not part of the law but is reliable). Include the correct after‑hours inspection fee in any quote. If a fee seems prohibitive, apply to the plumbing regulator for a waiver or reduction under cl 13(2). For network utility operator employees, ensure that any incidental plumbing work is truly incidental and not a standalone plumbing job. Keep records showing that the work arose as part of non‑plumbing duties. Still ensure you hold an authorisation (or work under one) and that the work meets the standards. For recordkeeping, retain copies of all notices, certificates, plans, and performance‑solution documents for at least the period required by the Act (likely seven years under the Limitation Act 1969 for potential disputes). Training for office staff and project managers should focus on the business‑day counting rule and the two‑or‑seven day split. A simple online tool or spreadsheet that flags deadlines based on completion date and inspection status would reduce error. Regular audits of completed jobs against the Regulation’s requirements can catch missed deadlines before they attract a penalty notice.