South Australian Public Health (Legionella) Regulations 2013

The regulations operate around a set of core concepts that determine coverage, technical obligations, decision makers and enforcement. These concepts are defined in regulation 3 and used throughout.

High risk manufactured water system, system, cooling water system, warm water system

• The term "high risk manufactured water system" or "system" is defined to mean either a cooling water system or a warm water system (reg 3(1), definition). A cooling water system is defined by function and components, including heat‑generating plant, heat‑rejection plant, interconnecting recirculating pipework, associated pumps, valves and controls, and includes cooling towers and evaporative condensers (reg 3(1), definitions of "cooling water system", "cooling tower", "evaporative condensor").
• A warm water system is defined as a reticulated water system that distributes or recirculates warm water through the majority of its branches at a nominal temperature of 45°C by means of a temperature controlling device, and "warm water" is defined as water not more than 60°C and not less than 30°C (reg 3(1)).

Standards and guidelines

• The regulations reference and incorporate Australian/New Zealand Standards as authoritative technical material, including AS/NZS 3666.1, 3666.2, 3666.3 and AS/NZS 3896, defined in reg 3(1). The Guidelines for the Control of Legionella in Manufactured Water Systems in South Australia are included as a defined document (reg 3(1)).
• Regulation 20 prescribes the Guidelines and most of the AS/NZS documents as guidelines to assist administration (reg 20). The instrument explicitly excludes certain clauses of the AS/NZS Standards from the prescribed guidelines, for example clause 4.4 and clause 4.7 of AS/NZS 3666.1 and other specific sections of AS/NZS 3666.2 and 3666.3 (reg 20).

Relevant authority, Minister and Chief Public Health Officer

• The "relevant authority" is principally the local council for the area where the system is situated, or the Chief Public Health Officer (reg 3(3)). Functions under the regulations can be transferred from council to the Chief Public Health Officer under section 42 of the Act, in which case the Chief Public Health Officer becomes the relevant authority for that function (reg 3(4)).
• The Minister retains powers to make determinations and approvals under reg 18, including to determine that drift eliminators need not comply with reg 8(1) (reg 8(2)), and to approve maintenance programs and decontamination procedures (reg 12(b), reg 13(e), reg 18).

Registration and documentation

• Owners must register high risk manufactured water systems and nominate a person responsible for operation and maintenance (reg 5(3)-(4)). The relevant authority keeps a register containing prescribed particulars (reg 6(1)-(3)). Owners must supply updated particulars within one month of change, and must notify decommissioning within one month (reg 6(4)-(5)).

Testing, thresholds and remedial responses

• Annual inspections and microbiological testing are required, to be carried out by the relevant authority or, where the authority issues a notice, by a competent person engaged by the owner and a NATA accredited laboratory in accordance with AS/NZS 3896 (reg 15).
• The regulations define numerical thresholds that trigger immediate action by owners: 1,000 or more colony forming units per millilitre for cooling water systems, 10 or more colony forming units per millilitre for warm water systems (reg 17(1)-(2)). On exceedance the owner must immediately shut down or decontaminate the system using a prescribed or Minister‑approved decontamination procedure and report to the relevant authority within 24 hours (reg 17).

Records and competence

• The regulations require plans, operation and maintenance manuals and log books to be kept on the premises, to be made available for inspection by authorised officers, and to include specified particulars (regs 10, 14). The person responsible for operation and maintenance must be knowledgeable and sufficiently competent, and owners must ensure that a competent person carries out certain inspections and tests when requested (regs 11, 15(2)(a)(i), 15(3)).

Fees and cost recovery

• The owner is liable to pay prescribed fees for registration, renewal and for each inspection carried out by or on behalf of the relevant authority. The owner must also pay any expenses the relevant authority incurs in arranging microbiological testing, including collection and delivery (reg 21). Regulation 3 defines "prescribed fee" as the fee prescribed for the purposes of the Act, reflecting interaction with fee schedules under the Act.

Enforcement concepts

• The instrument uses criminal penalties with specified maximum fines and expiation (infringement) fees for a range of specified failures (e.g., failure to register, failure to fit dosing devices, failure to maintain, failure to provide reports, false or misleading statements) (regs 5(2), 7, 8(1), 9, 10, 12-17, 19). The Minister may impose or revoke conditions on approvals and determinations (reg 18).

Transitional carry‑over

• Registrations, determinations, approvals and notices in place under the revoked 2008 regulations are carried forward to the 2013 regulations subject to the same conditions and expiry dates (Schedule 3, Part 2).

These main concepts create the compliance architecture: owner duties to maintain, document and fund testing; relevant authority duties to inspect or delegate inspections and testing; Ministerial discretion to approve or exempt; and numerical triggers that require immediate remedial action together with short reporting timeframes.

Primary affected parties and decision makers are identifiable in the text.

Owners of premises

• The regulations place primary obligations on owners of premises where high risk manufactured water systems are installed. Owners must register systems (reg 5), ensure appropriate plant and devices are fitted and operating (regs 7-9), maintain systems to standards or Minister‑approved programs (regs 12-13), keep plans, manuals and log books on the premises and retain records for five years (regs 10, 14), and comply with immediate remedial obligations and reporting where Legionella thresholds are exceeded (reg 17). Owners are liable for prescribed fees and for expenses incurred by the relevant authority in arranging testing (reg 21).

Persons nominated as responsible for operation and maintenance

• Owners must nominate the person responsible for operation and maintenance on registration (reg 5(4)). The owner must ensure that the person responsible is knowledgeable and sufficiently competent (reg 11). Under reg 14(1)(a) the log book must record the particulars in AS/NZS 3666.2 clause 2.6.2, which will typically require particular technical entries by the operator.

Relevant authority, councils and Chief Public Health Officer

• The local council in whose area a system is situated is the relevant authority, unless the function has been transferred or the system is outside council areas, in which case the Chief Public Health Officer is the relevant authority (reg 3(3)-(4)). The relevant authority must keep a public register (reg 6) and, at least once every 12 months, cause inspections and NATA testing, unless it issues notices requiring the owner to arrange inspection and testing (reg 15). The relevant authority also has the power to require microbiological testing in specific circumstances (reg 16) and to forward reports to the Department within 24 hours when owners report (reg 17(3)).

Minister

• The Minister may make determinations and approvals under the regulations. Examples include the power to determine that cooling towers need not be fitted with drift eliminators complying with reg 8(1) (reg 8(2)), to approve maintenance programs or decontamination procedures (reg 12(b), reg 13(e), reg 17(1)(a)(ii), reg 17(2)(a)(ii)), and to impose conditions on approvals and determinations and to revoke approvals for non‑compliance (reg 18).

NATA accredited laboratories and competent persons

• Microbiological testing must be performed by a NATA accredited laboratory for Legionella analysis in accordance with AS/NZS 3896 (reg 15(1)(b), reg 15(2)(a)(ii), reg 16(1)(c)). The regulations require owners to engage competent persons for inspections where notified to do so; competence is defined by knowledge, sufficient competence and qualifications or training in water treatment of high risk manufactured water systems (reg 15(3)).

Authorised officers

• The regulations enable authorised officers to inspect plans, manuals, log books and system components, and impose penalties for failing to make material available (reg 10, reg 14). The identity and powers of authorised officers sit within the Public Health Act 2011 (the Act), which the regulations operate under (reg 3, definition of Act).

Persons who pay

• The owner ultimately pays fees and expenses. Owners are liable for registration fees, inspection fees imposed by relevant authorities (reg 5(3), reg 21(1)), and expenses for microbiological testing including collection and delivery (reg 21(2)). Owners also face fines and expiation fees for contraventions.

Third parties with delegated roles

• Where the relevant authority issues a notice, the owner must cause inspections and testing to be carried out by a competent person and a NATA laboratory and then submit reports to the relevant authority (reg 15(2)). This creates an operational market for competent service providers and NATA laboratories to supply inspection, sampling and testing services.

Others indirectly affected

• Occupiers, tenants and facility managers are affected indirectly because owners must ensure compliance, nominate and ensure competent persons, and maintain log books and manuals on site. The definition of owner includes occupier (reg 3(2)), making duties enforceable against occupiers where they are the effective owner under the definition.

Excluded or marginally affected groups

• Certain small domestic dwellings are excluded from the regulations: Class 1A, 4 or 10 buildings under the Building Code, and sole‑occupancy units in Class 2 buildings, provided they are not warm water systems that serve more than one dwelling (reg 4). That carved exclusion narrows the universe of private domestic systems captured by the obligations.

Overall, the regulations distribute duties primarily onto owners as payers and decision makers for maintenance and testing, onto relevant authorities for inspection and enforcement, and onto the Minister for exceptions and approvals. The regime creates a market for competent persons and NATA laboratories to supply required services.

This section sets out the principal statutory duties imposed on named actors and the statutory rights and discretions given to regulators and the Minister. Citations refer directly to the regulation number.

Duties of owners

• Registration: Owners must register all high risk manufactured water systems with the relevant authority, on an approved form, with the prescribed fee, and nominate the person responsible for operation and maintenance (reg 5(1), (3)-(4)). Registration lasts 12 months and may be renewed before expiry (reg 5(5)-(6)). Failure to register within one month after the system is brought into service is an offence (reg 5(2)).
• Notification of changes and decommissioning: Owners must notify the relevant authority within one month of any change in registered particulars (reg 6(4)) and must notify decommissioning or removal within one month of the event (reg 6(5)).
• Installation and operation of equipment: For cooling water systems owners must ensure an automatic biocide dosing device is fitted and operating effectively while the system is in operation (reg 7). Cooling towers must be fitted with drift eliminators satisfying specified performance and design criteria, unless the Minister determines otherwise (reg 8).
• Commissioning: Owners of premises with cooling water systems must ensure compliance with clause 4.7 of AS/NZS 3666.1 before bringing the system into service (reg 9).
• Documentation and accessibility: Owners must keep plans showing the location of major components or all parts depending on installation date (reg 10(1)-(2)), keep operating and maintenance manuals complying with clause 2.6.1 of AS/NZS 3666.2 on the premises (reg 10(3)), and make these available to authorised officers (reg 10(1), (3)).
• Competence: Owners must ensure the person responsible for operation and maintenance is knowledgeable and sufficiently competent to ensure compliance with the regulations (reg 11).
• Maintenance: Owners of cooling water systems must maintain them in accordance with Section 2.5 of AS/NZS 3666.2 or Section 3 of AS/NZS 3666.3, or a Minister‑approved maintenance program (reg 12). Owners of warm water systems must keep storage water at least 60°C while the system is in operation, measure and record temperatures monthly, inspect physically monthly, clean when inspections reveal contamination, and decontaminate at least every 6 months using prescribed or Minister‑approved procedures (reg 13).
• Log books and record retention: Owners must keep up‑to‑date log books with specified particulars including microbiological test results and, for cooling systems, the type and quantity of biocide and dosing frequency, keep the log book on site and available for inspection, and retain log books for at least five years after the last entry (reg 14).
• Testing, reporting and remedial action: Owners must comply with annual inspection and testing requirements when the relevant authority issues a notice requiring them to arrange inspection and testing and submit reports (reg 15(2)). Where owners receive microbiological test results meeting or exceeding prescribed thresholds (1,000 cfu/ml cooling, 10 cfu/ml warm), they must immediately shut down the system or decontaminate it in accordance with a prescribed or Minister‑approved procedure and submit the report within 24 hours to the relevant authority (reg 17). Owners must also comply with microbiological testing notices issued under reg 16 and deliver written results within 24 hours when required (reg 16(1)(d), reg 16(2)).

Duties of relevant authorities

• Registration and register keeping: Relevant authorities must register systems on application and maintain a register in a form they determine, including specified particulars about each system (reg 5(3), reg 6(1)-(3)).
• Inspections and laboratory testing: The relevant authority must, at least once every 12 months, cause an inspection and arrange for NATA laboratory testing in accordance with AS/NZS 3896 of at least one sample from each cooling system and two samples from each warm water system (reg 15(1)). The relevant authority may instead give written notice requiring owners to arrange inspections and testing and submit reports (reg 15(2)).
• Powers to require testing in other circumstances: Where investigating Legionellosis nearby or where it suspects poor maintenance, the relevant authority may require immediate or specified‑period testing by a NATA laboratory and require written reports within 24 hours (reg 16).
• Forwarding results to Department: A relevant authority must forward reports it receives under reg 17 to the Department within 24 hours (reg 17(3)).
• Fee recovery and notices: The relevant authority may issue written notices requiring payment of fees within a specified period when the owner is liable under reg 21 (reg 21(3)).

Ministerial discretions and rights

• Exemptions and determinations: The Minister may determine that cooling towers in a particular system need not be fitted with drift eliminators that comply with reg 8(1) (reg 8(2)), and may require applicants for determinations or approvals to supply specified information and pay prescribed fees (reg 18(1)-(2)).
• Approvals and conditions: The Minister may approve maintenance programs and decontamination procedures, impose conditions on approvals or determinations, revoke approvals for contravention of conditions and attach conditions to approvals as considered fit (reg 12(b), reg 13(e), reg 18(3)-(5)).
• The Minister also receives applications for determinations and approvals made in a manner and form approved by the Minister and accompanied by prescribed fees (reg 18(1)).

Rights and protections

• Owners have the right to seek Ministerial approval for alternate maintenance or decontamination procedures and to seek determinations from the Minister that exempt systems from specified equipment requirements (reg 12(b), reg 13(e), reg 8(2), reg 18).
• Where the relevant authority issues a notice under reg 15(2) requiring the owner to arrange inspection and testing, the owner is required to do so but may use the competent person and laboratory of its choice, provided they meet the competence and accreditation standards set in the regulations (reg 15(2), reg 15(3), reg 15(2)(a)(ii)).

Reporting and information obligations

• Owners must make available plans, manuals and log books on request by authorised officers (reg 10, reg 14). A person must not make a false or misleading statement in any information provided under the regulations, with a maximum penalty set (reg 19).

Penalties and monetary obligations

• The regulations set maximum penalties and expiation fees for many duties; these amounts vary by offence (for example $5,000 and $315 for failure to register within one month, reg 5(2); $10,000 for false or misleading statements, reg 19). Where fees are prescribed, owners must pay and may be served written notices to pay (reg 21).

Collectively these duties create a compliance package for owners that couples ongoing technical maintenance and record keeping with statutory registration, periodic testing, immediate remedial action at numerical triggers, and financial liability for inspections and tests.

The regulations set a structured mix of criminal penalties, expiation fees (infringement fees), fee recovery mechanisms and administrative powers. The enforcement architecture is split between the relevant authority, authorised officers and the Minister.

Catalogue of penalties

• Registration failure: If a high risk manufactured water system is unregistered for more than one month after being brought into service, the owner is guilty of an offence. Maximum penalty: $5,000. Expiation fee: $315 (reg 5(2)).
• Register update and decommissioning notifications: Failure to notify changes in registered particulars within one month, or to notify permanent decommissioning or removal within one month, carries a maximum penalty of $750 and an expiation fee of $80 (reg 6(4)-(5)).
• Cooling water devices and drift eliminators: Failing to fit and operate an automatic biocide dosing device (reg 7), or to fit cooling towers with drift eliminators compliant with reg 8(1), both carry maximum penalties of $5,000 and expiation fees of $315 (regs 7 and 8(1)).
• Commissioning: Not ensuring clause 4.7 of AS/NZS 3666.1 is complied with before bringing a cooling water system into service carries a maximum penalty of $2,500 and expiation fee of $210 (reg 9).
• Plans and manuals: Failure to keep plans or operating and maintenance manuals on the premises and make them available on request is a maximum penalty of $1,250 and expiation fee of $160 (reg 10).
• Competence: Failure to ensure the person responsible for operation and maintenance is competent attracts a maximum penalty of $1,250 (reg 11).
• Maintenance failures: Failure to maintain cooling or warm water systems as required carries a maximum penalty of $5,000 and an expiation fee of $315 (regs 12, 13).
• Maintenance log books: Failure to keep or retain log books, or to make them available, carries a maximum penalty of $1,250 and expiation fee of $160 (reg 14).
• Notice compliance: Failure to comply without reasonable excuse with a written notice to arrange inspection and testing or to provide reports under reg 15 or reg 16 carries a maximum penalty of $5,000 and expiation fee of $315 (regs 15(4), 16(2)).
• Responses to Legionella detection: Failure to take immediate required action and report results within 24 hours when thresholds are exceeded carries a maximum penalty of $5,000 and expiation fee of $315 (reg 17).
• Contravention of conditions of approvals or determinations: Contravening a condition attracts a maximum penalty of $2,500 and expiation fee of $210; the Minister may revoke approvals for non‑compliance (reg 18(4)-(5)).
• False or misleading statements: Making a false or misleading statement in a material particular in any information provided under the regulations is an offence with a maximum penalty of $10,000 (reg 19).

Enforcement mechanics and powers

• Authorised officers: The regulations require documents and manuals to be made available for inspection on request by an authorised officer (reg 10(1), 10(3), 14(1)(c)). The identity and broader powers of authorised officers arise under the Act, which is the parent legislation (reg 3, definition of Act).
• Notices requiring owner action: The relevant authority has explicit power to give written notices requiring owners to arrange inspection and testing by competent persons and NATA laboratories, and to submit reports within specified timeframes (reg 15(2)). The relevant authority may require microbiological testing in special circumstances such as investigations of Legionellosis or suspected poor maintenance, with immediate reporting to the relevant authority within 24 hours (reg 16).
• Ministerial conditions and revocation: The Minister can impose conditions on approvals and determinations and revoke approvals by written notice if conditions are contravened (reg 18(3)-(5)).
• Fee recovery: Owners are liable to pay the prescribed fee for registration and inspections, and to reimburse the relevant authority for expenses in arranging microbiological testing, including collection and delivery costs (reg 21(1)-(2)). The relevant authority may issue notices requiring payment within a period specified (reg 21(3)).

Reporting timelines and administrative escalation

• Short reporting windows are embedded: owners must submit microbiological test reports to the relevant authority within 24 hours when required under reg 16, and within 24 hours when they obtain a report indicating thresholds are exceeded under reg 17(1)(b)-(2)(b). The relevant authority must forward such reports to the Department within 24 hours (reg 17(3)). For the annual notice‑based option under reg 15(2), owners must submit written reports within one month of receiving the inspection and microbiological testing reports (reg 15(2)(b)).

Sanctions mix and enforcement strategy

• The regulations combine criminal sanctions and expiation fees to provide both deterrence and an administrative enforcement path by which owners may discharge liability by paying an expiation fee where applicable (various regs). They also enable direct administrative compelment via notices for testing, and administrative cost recovery under reg 21.

Limitations and procedural features visible in the text

• The regulations confer discretions to the Minister regarding approvals and determinations and do not prescribe an appeal mechanism within the regulation text for Ministerial decisions. The regulations require applicants to provide specified information if the Minister so requires and to pay prescribed fees for determinations or approvals (reg 18(1)-(2)). The instrument does not itself supply detailed procedural timelines for Ministerial decisions, only that the Minister may attach conditions and revoke approvals for non‑compliance (reg 18(3)-(5)).

In short, the enforcement framework monetises many compliance failures, provides a route for administrative remediation via notices and testing, and reserves certain exemptions and approvals to Ministerial discretion, with associated penalties for non‑compliance.

The regulations are made under the South Australian Public Health Act 2011 and expressly reference and intersect with a number of other legal and regulatory instruments. The statutory text establishes cross‑references and incorporations that determine legal effect and overlapping obligations.

Parent Act

• The regulations operate under the Public Health Act 2011 (reg 3(1), defined as "Act"). Several powers and governance elements such as authorised officers, and functions that may be transferred to the Chief Public Health Officer, are embedded in the Act and are referenced by the regulations (reg 3(3)-(4)). Regulation 20 invokes section 109(2)(o) of the Act to prescribe guidelines (reg 20). Any enforcement powers of authorised officers and administrative procedures that hinge on the Act will apply concurrently with the regulations.

Building Code and Development Act 1993

• The regulations exclude certain small classes of buildings from application by explicit reference to the Building Code and its classes as defined under the Development Act 1993 (reg 4). This creates an interaction between building classification under the Development Act and whether a system falls within the scope of these public health regulations.

Australian/New Zealand Standards and Guidelines

• The regulations define and incorporate the AS/NZS standards and the Department of Health Guidelines as authoritative technical references (reg 3 and reg 20). That creates indirect legal effect for the technical content of those standards and the guideline, subject to the exclusions specifically noted in the regulations (reg 20 excludes certain clauses of AS/NZS documents). The standards and the guideline are defined as "in force from time to time", so updates to those standards will be folded into the regulatory regime as they are in force unless the regulations are amended (reg 3(1)). This makes compliance a matter of following those technical instruments where referenced in the regulations, for example clause 4.7 of AS/NZS 3666.1 is a mandatory commissioning requirement for cooling water systems (reg 9).

Fee regime and the Act

• The regulations use the term "prescribed fee" which is defined as the fee prescribed for purposes of the Act (reg 3(1), "prescribed fee"). Registration, renewals and Ministerial applications require the payment of prescribed fees under the Act or associated fee instruments (reg 5(3), reg 5(6), reg 18(1)). Thus the monetary obligations are integrated with the fee‑setting mechanisms under the parent Act.

Transitional interaction with prior subordinate legislation

• The regulations revoke the Public and Environmental Health (Legionella) Regulations 2008 and include transitional provisions that carry across existing registrations, determinations, approvals and notices from the 2008 regulations to the 2013 regulations (Schedule 3, Part 2, clauses 3-7). That preserves continuity of regulatory effect for existing arrangements made under the prior instrument.

Laboratory accreditation and national testing scheme

• The regulations require microbiological testing to be carried out by a NATA accredited laboratory in accordance with AS/NZS 3896 (reg 15(1)(b), reg 15(2)(a)(ii), reg 16(1)(c)). This ties the statutory testing regime to national laboratory accreditation standards and to the laboratory testing standard AS/NZS 3896.

Ministerial discretion and administrative law

• The Minister has discretion to determine exemptions from certain equipment requirements and to approve maintenance programs and decontamination procedures (regs 8(2), 12(b), 13(e), 18). These are administrative decisions made under the regulations, and, depending on the Act and general administrative law, could be subject to judicial review grounds for jurisdictional error, unreasonableness or procedural fairness in the general administrative law framework. The regulations themselves do not specify review or appeal channels for Ministerial decisions.

Record retention and privacy/regulatory information sharing

• The relevant authority must keep a register of systems (reg 6). The register includes owner names and addresses and contact details for the person responsible for operation and maintenance (reg 6(3)). The regulations do not specify public disclosure rules for the register, but the duty to forward certain reports to the Department is explicit (reg 17(3)). Interactions with privacy and information handling legislation would apply to the handling and disclosure of personal data contained in the register.

Other offences and regulator powers under the Act

• The false or misleading statement offence (reg 19) of up to $10,000 complements similar offences that may exist in the Act. Authorised officers' powers to inspect and enforce are likely supported by the Act’s general enforcement and investigative provisions, which are not repeated in the regulations but are referenced by the definition of authorised officers and the use of the term authorised officer (reg 10, reg 14).

In sum, the regulations are tightly integrated with the Public Health Act, with technical standards and a laboratory accreditation regime, with building classification under the Development Act and Building Code, and with fee‑making and administrative decision‑making processes under the Act and ministerial discretion. Compliance therefore requires attention to multiple instruments rather than the regulation alone.

The legislative history section of the instrument records the origin, subsequent variations and the repeal of the predecessor regulations. The key documentary facts available in the regulations are as follows.

Commencement and revocation

• The South Australian Public Health (Legionella) Regulations 2013 (No 42 of 2013), were published in the Gazette on 23 May 2013 and the regulations indicate a commencement reference at r 2 with a date of 16 June 2013 (Legislative history, 2013 entry). These regulations revoked the Public and Environmental Health (Legionella) Regulations 2008 (Legislative history, "Legislation revoked by principal regulations").

Subsequent variations recorded in the instrument

• The instrument records a series of Gazette notices and variation instruments over the years. The Legislative history lists entries for 2014 (No 96, Gazette 19.6.2014), 2015 (No 111, Gazette 18.6.2015), 2016 (No 109, Gazette 23.6.2016), 2017 (No 104, Gazette 22.6.2017), 2018 (No 77, Gazette 21.6.2018) and 2020 (No 168, Gazette 4.6.2020). Commencement dates for those variations are indicated in the table, typically 1 July of the year listed (Legislative history, principal regulations and variations table).

Notable textual changes referenced

• The schedule "Provisions varied" records how specific regulations were varied across different instruments, for example:
  • Regulation 2 was omitted under the Legislation Revision and Publication Act 2002, effective 1.7.2014.
  • The definition or insertion of "prescribed fee" was amended by 77/2018 Sch 2 cl 2, effective 1.7.2018 and later varied by 168/2020 r 4, effective 1.7.2020.
  • Regulation 5(3) and 5(6) were varied by 77/2018 Sch 2 cl 3(1) and cl 3(2) respectively, effective 1.7.2018.
  • Regulation 18(1) was varied by 77/2018 Sch 2 cl 4, effective 1.7.2018.
  • Regulation 21(1) was substituted by 96/2014 r 4(1), effective 1.7.2014, and later varied by 77/2018 Sch 2 cl 5(1).
  • Regulation 21(2) was varied by 96/2014 r 4(2).
  • Regulations 21(4) and (5) were deleted by 77/2018 Sch 2 cl 5(2).
  • Schedule 1 and Schedule 3 have been substituted, varied or deleted across several instruments (96/2014 r 5, 111/2015 r 4, 109/2016 r 4, 104/2017 r 4, and 77/2018 Sch 2 cl 6).
• The historical versions list shows versions current on 1.7.2014, 1.7.2015, 1.7.2016, 1.7.2017 and 1.7.2018 (Legislative history, Historical versions).

Transitional provisions

• The regulations contain a Schedule (Schedule 3,Transitional provisions) that preserves registrations, determinations and approvals, and notices issued under the revoked 2008 regulations by treating them as being in force under corresponding provisions of the 2013 regulations, and subject to the same conditions and expiry dates (Schedule 3, Part 2, clauses 3-7). This indicates the drafters intended continuity for regulated parties when the 2013 regulations replaced the 2008 instrument.

Administrative updates and omissions

• The notes indicate that references to other legislation and titles may be obsolete and that earlier versions are listed in the legislative history, signalling that users should confirm whether further amendments have occurred since the last recorded variation in this instrument.

Implication for compliance practitioners

• The recorded amendment history shows that key fee and application provisions have been updated multiple times, and that the text of the schedules and certain regulatory subclauses have been subject to substitution and deletion. Practitioners should therefore verify the current consolidated text when advising clients, and check the date of any consultations, approvals or notices in light of the transitional carry‑over clauses.

This legislative history provides the formal provenance for the current text, and records that the 2013 regulations replaced the 2008 regime while preserving operative arrangements in force at the date of transition.

The regulations themselves do not record any case law. The instrument’s text and the legislative history section name the prior subordinate legislation (Public and Environmental Health (Legionella) Regulations 2008) and list historical versions and Gazette entries (Legislative history). The text does not cite or summarise judicial decisions, nor does it indicate any specific litigation or appellate determinations arising under these regulations.

As a result, the statutory source provides no litigation record within the instrument to ground claims about judicial interpretation, dispute outcomes or appellate authority. Practitioners seeking litigation history must therefore consult external legal databases, court records and administrative tribunal decisions to determine whether any cases have addressed:

• the interpretation or application of particular numeric thresholds in reg 17 (1,000 cfu/ml and 10 cfu/ml),
• the reasonableness of Ministerial approvals and determinations under reg 18,
• challenges to notices or enforcement actions under regs 15 or 16,
• judicial review of Ministerial decisions to grant or revoke approvals, or of relevant authority decisions,
• prosecutions or expiation notices under the specified penalty provisions, or
• disputes about the scope of application under reg 4 or the definition of a warm water or cooling water system in reg 3.

Because the instrument does not list cases, any litigation history must be assembled from primary court or tribunal records and legal reporting services, cross‑referenced with the dates of the regulations and their amendments as shown in the Legislative history. The absence of litigation material in the regulation text is not evidence of an absence of litigation in the courts; it only reflects the content of the statutory instrument itself.

This section highlights specific textual tensions, compliance traps, timing obligations and technical details in the regulations that commonly create practical pitfalls for owners, operators and advisers. Each item is grounded in the regulation text.

Registration timing and renewal windows

• Reg 5(2) requires registration within one month after a high risk manufactured water system is brought into service. The owner is liable if the system is unregistered for more than one month. The one‑month clock starts when the system is brought into service, so delays in commissioning, administrative lag, or ambiguity about the date of "being brought into service" can create exposure to an offence. Renewal must be sought before registration expiry which is every 12 months, per reg 5(5)-(6).

Who counts as owner and occupier

• The definition in reg 3(2) states that a reference to an owner includes an occupier. That means tenants or occupiers may inherit statutory duties if they qualify as the "owner" for regulatory purposes, and landlords should confirm contractual allocation of responsibility. Agreements that simply say "owner to maintain" will not absolve occupiers if they are captured under the definition.

Exclusions limited and temperature detail

• Reg 4 excludes certain building classes from the regulations, but excludes them only where they are not warm water systems that serve more than one dwelling. A warm water system serving more than one dwelling in a sole‑occupancy unit in a Class 2 building falls within the regulations. Practitioners should not assume small domestic classification automatically avoids coverage.
• Reg 13(a) requires water in storage areas to be kept at at least 60°C while the system is in operation, but the statutory definition of "warm water" sets the upper bound at 60°C and defines "warm water system" as distributing water at nominal 45°C (reg 3(1), definitions; reg 13). This may create practical questions about complying with both the definition and the storage temperature requirement, especially where measured temperatures vary.

Differing numeric thresholds and consequences

• The regulations create a substantial difference in required responses between cooling systems and warm water systems. The trigger for immediate action in cooling water systems is 1,000 colony forming units per millilitre of Legionella, whereas for warm water systems the trigger is 10 cfu/ml (reg 17(1)-(2)). That two‑order magnitude difference is material to risk assessment and remediation costs. Owners of warm water systems will face much lower tolerances and therefore more frequent shutdown or decontamination events at lower counts.

Microbiological testing requirements and laboratory accreditation

• All microbiological testing must be performed by a NATA accredited laboratory in accordance with AS/NZS 3896 (reg 15(1)(b), reg 15(2)(a)(ii), reg 16(1)(c)). Failure to use a NATA accredited laboratory may render results unacceptable for regulatory purposes, and owners must bear the costs of laboratory services when the relevant authority incurs them (reg 21(2)). The regulations also require at least one sample for each cooling system and two samples for each warm water system per annual inspection, which has direct cost implications (reg 15(1)(b)).

Short reporting windows

• Where the relevant authority requires testing under reg 16(1), owners must submit written test results within 24 hours of receiving the report (reg 16(1)(d)). Similarly, if owners receive test results meeting or exceeding thresholds in reg 17 they must submit the report to the relevant authority within 24 hours (reg 17(1)(b), (2)(b)). These compressed timelines require owners to ensure rapid receipt and transmission of laboratory reports and to have operational plans in place for immediate remediation.

Competent person definition and conflict of interest

• When a relevant authority issues a notice under reg 15(2), the owner must cause an inspection to be carried out by a competent person not being the owner or the person responsible for the system (reg 15(2)(a)(i)). Reg 15(3) defines "competent person" by knowledge, competence and qualifications or training in water treatment. Owners should ensure their chosen inspector meets those criteria and is independent of routine operational staff to avoid non‑compliance.

Ministerial discretion and conditional approvals

• The Minister can make determinations that exclude certain requirements or approve alternative maintenance or decontamination procedures (regs 8(2), 12(b), 13(e), 18). However, the regulations also allow the Minister to impose conditions and revoke approvals for non‑compliance (reg 18(3)-(5)). Applicants should therefore anticipate conditions and ensure they can comply with any condition attached to an approval.

Record retention obligations

• Log books must be retained for at least five years after the last entry (reg 14(2)). In multi‑operator or site‑transfer situations owners must ensure custody of log books is preserved or copies transferred, as failure to retain attracts penalties.

False or misleading statements

• Reg 19 imposes a substantial maximum penalty ($10,000) for false or misleading statements in any information provided under the regulations. This creates liability for inaccurate entries in log books, misstatements in registration forms, and misleading submissions to the relevant authority.

Fees and cost allocation

• Owners are liable to pay prescribed fees for inspections and to reimburse the relevant authority for microbiological testing expenses including collection and delivery (reg 21(1)-(2)). Owners should budget for these recurring costs and ensure that contracts with testing providers and service contractors allocate collection and delivery charges appropriately.

Interaction with AS/NZS exclusions

• The regulations prescribe the AS/NZS standards as guidelines but explicitly exclude particular clauses from those being prescribed under reg 20. For example, reg 20 prescribes AS/NZS 3666.1 other than clauses 4.4 and 4.7, and prescribes AS/NZS 3666.2 other than Section 2.5 and clauses 2.6.1 and 2.6.2. However the regulations separately make compliance with clause 4.7 of AS/NZS 3666.1 mandatory for commissioning under reg 9, and require compliance with clause 2.6.1 for manuals under reg 10(3). Practitioners must therefore follow the regulatory text closely rather than assuming that the prescribed guidelines completely substitute for regulatory obligations.

Transitional carry‑overs

• Registrations, determinations and approvals in force under the revoked 2008 regulations are carried forward under Schedule 3 to the 2013 regulations, subject to the same conditions and expiry dates (Schedule 3, Part 2, clauses 3-5). Where historical approvals or determinations exist, verify their expiry and conditions.

These "gotchas" are specific, documentable points where the regulations impose duties with timing, technical or administrative features that commonly lead to practical non‑compliance if not proactively managed.

This section gives a practical, source‑grounded roadmap for owners and advisers on steps to achieve compliance with the regulations as written. It focuses on concrete actions tied to the regulatory text and timeline obligations.

1. Determine coverage and classification

• Confirm whether the system is a "cooling water system" or a "warm water system" as defined in reg 3(1), and whether the premises fall within the exclusions in reg 4. If the system is in a Class 1A, 4 or 10 building or a sole‑occupancy unit in a Class 2 building, verify whether the warm water system serves more than one dwelling, as that affects coverage (reg 4).

2. Register promptly and nominate responsible person

• Register the system with the relevant authority using the form and manner approved by the relevant authority and pay the prescribed fee as required by reg 5(3). Do this within one month of bringing the system into service to avoid the offence in reg 5(2). When applying, nominate the person responsible for operation and maintenance as required by reg 5(4).
• Set calendar reminders for annual renewal before the 12 month expiry set out in reg 5(5)-(6).

3. Establish and document roles and competence

• Ensure the nominated person responsible for operation and maintenance meets the competence requirements in reg 11. Document the person’s qualifications, training and experience. If external contractors are employed, ensure they meet the "competent person" definition in reg 15(3) where applicable.
• Incorporate contractual clauses that require service providers to provide evidence of qualifications and NATA accreditation for any subcontracted testing.

4. Fit required plant and carry out commissioning

• For cooling water systems ensure automatic biocide dosing devices are fitted and operate effectively at all times the system is in operation (reg 7). Ensure cooling towers have drift eliminators compliant with reg 8(1), unless a determination from the Minister under reg 8(2) exempts the system.
• Ensure commissioning complies with clause 4.7 of AS/NZS 3666.1 prior to bringing cooling systems into service (reg 9). Maintain commissioning documentation on site.

5. Prepare plans, manuals and log books and keep them on site

• Maintain plans that show location information as required by reg 10(2) and keep operating and maintenance manuals complying with clause 2.6.1 of AS/NZS 3666.2 on the premises where they are readily accessible (reg 10(1)-(3)).
• Maintain a maintenance log book on site, with the particulars specified in reg 14(1)(a)(i)-(iii), include microbiological test results and, for cooling systems, details of type, quantity and frequency of biocide dosing. Keep log books available for authorised officers and retain them for at least five years after the last entry (reg 14).

6. Implement and document a maintenance program

• For cooling water systems, maintain the system in accordance with either Section 2.5 of AS/NZS 3666.2 or Section 3 of AS/NZS 3666.3, or have a maintenance program approved by the Minister under reg 12(b). If relying on an approved program, submit an application to the Minister in the required form and pay the prescribed fee (reg 18(1), reg 12(b)).
• For warm water systems, maintain storage water at at least 60°C during operation, perform monthly temperature measurements and record them in the log book, conduct monthly physical inspections, clean whenever contamination is observed, and decontaminate at least every six months using the prescribed procedure or Minister‑approved alternative (reg 13).

7. Prepare for sampling and laboratory testing

• Budget for and arrange relationships with NATA accredited laboratories capable of performing Legionella testing in accordance with AS/NZS 3896, as required in reg 15 and reg 16. Confirm turnaround times for reporting so you can meet 24‑hour reporting windows when necessary (reg 16(1)(d), reg 17(1)(b), reg 17(2)(b)).
• Establish procedures for rapid notification and remedial action when test results approach thresholds.

8. Monitor thresholds and have an immediate response plan

• Implement processes so microbiological test results that equal or exceed 1,000 cfu/ml for cooling systems or 10 cfu/ml for warm water systems trigger immediate action (shut down or decontaminate using prescribed or Minister‑approved methods) and transmission of the report to the relevant authority within 24 hours (reg 17(1)-(3)).
• Maintain up‑to‑date copies of the prescribed decontamination procedures in the Guidelines (reg 3, definition of "prescribed decontamination procedure") and ensure staff and contractors are trained in those procedures.

9. Engage with the relevant authority and Minister proactively

• Prepare to respond to annual inspections notified by the relevant authority, or to notices requiring owners to arrange inspection and testing under reg 15(2). When the relevant authority issues such notices, ensure that an independent competent person carries out inspection and that reports are submitted within the specified period (reg 15(2)(b)).
• If relying on an alternative maintenance program or decontamination procedure, apply to the Minister in the manner and form approved and pay the prescribed fee (reg 18(1), reg 12(b), reg 13(e)). Anticipate conditions to be attached to approvals and ensure capacity to comply with them (reg 18(3)-(5)).

10. Implement administrative controls for record accuracy and retention

• Institute document control to ensure plans, manuals and log books are up to date, accurate and available for inspection on request by authorised officers (reg 10, reg 14). Given reg 19’s false or misleading statement offence, establish verification steps before submitting information to the relevant authority.
• Retain log books for at least five years after last entry and preserve commissioning and decontamination records in a retrievable format (reg 14(2)).

11. Budget for fees and testing costs

• Make financial provision for prescribed registration and inspection fees and for reimbursement of laboratory expenses including collection and delivery costs as the owner is liable for those costs (reg 21(1)-(2)). Respond promptly to written notices requiring payment (reg 21(3)).

12. Audit, training and continual improvement

• Conduct periodic internal audits to verify compliance with the technical clauses referenced (e.g., AS/NZS 3666 family and Guidelines) and to ensure sampling schedules, dosing regimes and cleaning events are recorded. Maintain staff training records to demonstrate that responsible persons are suitably trained and competent in water treatment.

13. Manage asset transfers and changes promptly

• Where ownership or nominated responsible persons change, notify the relevant authority of changes in registered particulars within one month to avoid the contravention and penalty in reg 6(4). When decommissioning or removing systems, notify the relevant authority within one month as required by reg 6(5).

14. Legal review for Ministerial applications and high‑risk events

• Where seeking Ministerial determinations, approvals, or facing a testing event that triggers reg 16 or reg 17, consider early legal and technical advice to ensure submissions are made in the manner and form required and that responses meet 24‑hour reporting requirements.

Following these steps, which derive directly from the regulation text and its definitions, materially reduces the risk of statutory breach and positions owners to meet the operational and reporting obligations required by the regime.