This regulation replaces the 2017 Sydney Water rules and sets the mechanics for controlling access to Sydney Water land, authorising and permitting plumbing and drainage work, approving fittings, setting fees and issuing penalties. The Corporation decides consents, approvals, fees and may suspend or cancel permits; authorised officers can direct people to leave controlled areas; the Minister can restrict water use in droughts (see ss 6,15,16–33,34). It also lists offence penalties and penalty‑notice amounts (s36, Schedule 1).
This regulation establishes the detailed subordinate rules that implement and operationalise multiple provisions of the Sydney Water Act 1994 (the Act). Mechanically, it:
Commences on publication on the NSW legislation website and repeals the Sydney Water Regulation 2017, preserving prior legal effects under a savings provision (s 2; s 37(1)-(2)).
Defines key terms and cross-references relevant external instruments such as the Plumbing Code of Australia, AS 5200.000,2006, the Road Transport Act 2013, the Marine Safety Act 1998, and the Protection of the Environment Operations Act 1997 (s 3; s 26(3); s 13(3)).
Creates a regime for controlled areas under the Act, restating prohibited conduct (entry, animals, driving/parking, agriculture, damaging works, pollution, and gates/barriers) and prescribing enforcement mechanisms and maximum penalties (Part 2: ss 4-15).
Specifies who qualifies as an authorised officer for the purposes of the Act’s controlled-area powers (employees of the Corporation, persons authorised in writing by the Corporation, and police officers) and expands the statutory meaning of vehicle for the controlled-area rules (ss 4-5).
Sets out application, decision-making, condition, variation, suspension and cancellation processes for authorisations (under s 48A of the Act) and permits (under s 99 of the Act) that authorise connections, alterations or other works, including publication requirements for class-based grants (Part 3: ss 16-22) and Part 4: ss 23-33).
Requires plumbing and drainage work to comply with the Plumbing Code of Australia and to use Corporation-approved fittings; creates the Corporation’s powers to approve fittings, require samples/tests/quality-assurance evidence, and publish fitting guidelines (ss 24-26).
Current sections
Direct links to the current provisions in Sydney Water Regulation 2025.
approved fitting means a fitting approved by the Corporation in accordance with section 26.
authorised officer, for Part 2—see section 5.
Plumbing Code of Australia means the document entitled the Plumbing Code of Australia, published by the Australian Building Codes Board, as in force from time to time.
plumbing or drainage work, for Part 4—see section 23.
repair includes make good, replace, reconstruct, remove, alter, clean or clear.
(b) a trailer or caravan, whether or not it is being towed,
(c) an apparatus propelled by human or mechanical power, or by the wind, that is wholly or partly used for the conveyance of persons or things, other than a wheelchair, pram or stroller,
For the Act, section 89(1)(c), the following persons are authorised officers—
(a) an employee of the Corporation,
(b) a person or a member of a class of persons authorised in writing by the Corporation,
(c) a police officer.
6
Corporation’s consent
6 Corporation’s consent
6 Corporation’s consent
(1) For the Act, section 89(1)(b), a person does not commit an offence under this part, other than an offence under section 7, for anything done, or omitted to be done—
(a) with the consent of the Corporation, and
(b) in accordance with the conditions of the Corporation’s consent.
(2) The Corporation may grant consent by—
(a) displaying a sign on the land or part of the land to which the sign relates, or
(b) written notice given to a person.
(3) The Corporation may grant consent subject to conditions the Corporation considers appropriate.
(4) Consent granted by written notice given to a person may be varied or revoked by further written notice give to the person.
7
Directions to leave
7 Directions to leave
7 Directions to leave
(1) For the Act, section 89(1)(e), an authorised officer may direct a person to leave a controlled area or part of a controlled area if the authorised officer reasonably believes—
(a) the person has contravened this part, or
(b) the person has entered a controlled area without paying a fee or charge determined under section 15.
(2) A person must comply with a direction given to the person under subsection (1).
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
8
Entry
8 Entry
8 Entry
For the Act, section 89(1)(a)(iii), a person must not enter or remain in a controlled area.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
9
Animals
9 Animals
9 Animals
For the Act, section 89(1)(a), a person must not cause an animal to enter or remain in a controlled area.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
10
Driving and parking vehicles
10 Driving and parking vehicles
10 Driving and parking vehicles
For the Act, section 89(1)(a), person must not do the following in a controlled area—
(a) drive or ride a vehicle,
(b) be a passenger in a vehicle that another person drives or rides,
(c) park or leave a vehicle.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
11
Agriculture
11 Agriculture
11 Agriculture
(1) For the Act, section 89(1)(a), a person must not engage in agriculture in a controlled area.
(1) For the Act, section 89(1)(a)(iii), a person must not open, pass through, remove, interfere with, damage or obstruct a gate or barrier on or to a controlled area.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(2) In this section—
barrier includes an obstruction positioned or created by or for the Corporation to restrict or obstruct access to a road, path or similar thing.
15
Fees and charges
15 Fees and charges
15 Fees and charges
(1) For the Act, section 89(1)(f), the Corporation may determine the fees or charges payable for a person or vehicle to enter a controlled area or part of a controlled area.
(2) For the Act, section 89(1)(g), the Corporation may reduce or waive payment of a fee or charge payable under this section.
(3) For the Act, section 89(1)(d), an authorised officer may deny a person entry to a controlled area or part of a controlled area if the person does not pay the fee or charge determined under subsection (1).
Part 3
Authorisations for connections, alterations or use of works—the Act, ss 48A and 106
Part 3 Authorisations for connections, alterations or use of works—the Act, ss 48A and 106
Part 3 Authorisations for connections, alterations or use of works—the Act, ss 48A and 106
16
Granting authorisations
16 Granting authorisations
16 Granting authorisations
(1) The Corporation may grant an authorisation under the Act, section 48A(1) to a person or class of persons on application or on the Corporation’s own initiative.
(2) The Corporation must publish all authorisations granted to a class of persons on the Corporation’s website.
17
Applications for authorisations
17 Applications for authorisations
17 Applications for authorisations
(1) An application for an authorisation must be—
(a) made in the form approved by the Corporation, and
(b) lodged—
(i) by email to an email address specified by the Corporation for receiving applications, or
(ii) using an online system provided on the Corporation’s website, or
(iii) in another way specified by the Corporation.
(2) An applicant must pay the fee determined by the Corporation for the application.
18
Decisions about applications
18 Decisions about applications
18 Decisions about applications
(1) After receiving an application for an authorisation, the Corporation may, by written notice served on the applicant—
(a) grant the authorisation, or
(b) refuse to grant the authorisation.
(2) Without limiting subsection (1), the Corporation may refuse to grant an authorisation if—
(a) in the Corporation’s opinion, the applicant has previously—
(i) carried out the kind of work to which the Act, section 48A(1) applies in contravention of the Act, this regulation or a direction given under this regulation, or
(ii) otherwise contravened the Act, this regulation or a direction given under this regulation, or
(b) the application for the authorisation is incomplete.
19
Conditions of authorisations
19 Conditions of authorisations
19 Conditions of authorisations
(1) An authorisation is subject to the following conditions—
(a) work to which the authorisation applies must be done in accordance with the Plumbing Code of Australia,
(b) other conditions imposed by the Corporation.
(2) The Corporation may, by written notice to the holder of an authorisation, vary the conditions of the authorisation by—
(a) imposing a new condition, or
(b) substituting, removing or amending a condition, other than the condition set out in subsection (1)(a).
(3) The holder of an authorisation must not contravene a condition of the authorisation.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
20
Suspension or cancellation of authorisations
20 Suspension or cancellation of authorisations
20 Suspension or cancellation of authorisations
(1) The Corporation may, by written notice served on the holder of an authorisation, suspend or cancel the authorisation if—
(a) the Corporation is satisfied the authorisation was granted in error, or
(b) the Corporation is satisfied the holder of the authorisation—
(i) has failed to comply with a condition of the authorisation, or
(ii) has contravened the Act, this regulation or a direction given under this regulation, or
(c) the holder of the authorisation has applied, in the form approved by the Corporation, for the authorisation to be suspended or cancelled, or
(d) the owner of premises on which work authorised by the authorisation is being or will be done has applied, in the form approved by the Corporation, for the authorisation to be suspended or cancelled.
(2) The notice under subsection (1) must specify the following—
(a) the grounds for the suspension or cancellation,
(b) for a suspension—the period of the suspension,
(c) for a cancellation—the date or time from which the cancellation takes effect.
(3) The Corporation may suspend or cancel an authorisation unconditionally or subject to conditions.
(4) The conditions may include, but are not limited to, conditions to which the authorisation was subject immediately before it was suspended or cancelled.
(5) The Corporation may, by written notice served on a person whose authorisation is suspended or cancelled—
(a) impose new conditions on the suspension or cancellation, or
(b) substitute, remove or amend a condition of the suspension or cancellation.
(6) A person whose authorisation is suspended or cancelled must not contravene a condition of the suspension or cancellation.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(7) In this section—
owner includes a duly authorised agent of the owner.
21
Directions by Corporation to use approved fittings
21 Directions by Corporation to use approved fittings
21 Directions by Corporation to use approved fittings
(1) The Corporation may give a direction that a person must use approved fittings for the kind of work to which the Act, section 48A(1) applies.
(2) A direction given under this section must be published on the Corporation’s website.
(3) A person must comply with a direction given under this section.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
22
Directions by Corporation for non-standard work
22 Directions by Corporation for non-standard work
22 Directions by Corporation for non-standard work
(1) The Corporation may, by written notice served on a person who is carrying out or has completed the kind of work to which the Act, section 48A(1) applies, direct the person to do one or both of the following—
(a) repair the work, in the way specified by the Corporation, if the work is not being or has not been done—
(i) to a standard expected of a tradesperson, or
(ii) in accordance with the Plumbing Code of Australia, or
(iii) in accordance with a condition of an authorisation that applies to the work,
(b) repair a fitting used in the work, in the way specified by the Corporation, if the fitting is—
(i) defective, or
(ii) not an approved fitting.
(2) A direction must be given no later than 6 years after the work to which the direction relates is completed.
(3) A person must comply with a direction given to the person under this section.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
Part 4
Work for water supply, sewerage or stormwater drainage—the Act, ss 99 and 106
Part 4 Work for water supply, sewerage or stormwater drainage—the Act, ss 99 and 106
Part 4 Work for water supply, sewerage or stormwater drainage—the Act, ss 99 and 106
23
Definition
23 Definition
23 Definition
In this part—
plumbing or drainage work means the kind of work to which the Act, section 99(1) applies.
24
Plumbing or drainage work must comply with Plumbing Code of Australia
24 Plumbing or drainage work must comply with Plumbing Code of Australia
24 Plumbing or drainage work must comply with Plumbing Code of Australia
For the Act, section 99(2)(a), a person must do plumbing or drainage work in accordance with the Plumbing Code of Australia.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
25
Persons must use approved fittings for plumbing and drainage work
25 Persons must use approved fittings for plumbing and drainage work
25 Persons must use approved fittings for plumbing and drainage work
For the Act, section 99(2)(a), a person must not use a fitting for plumbing or drainage work unless the fitting is an approved fitting.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units
26
Approval of fittings by Corporation
26 Approval of fittings by Corporation
26 Approval of fittings by Corporation
(1) For the Act, section 99(2)(b), the Corporation may approve fittings for use in plumbing or drainage work.
(2) Before approving a fitting, the Corporation may require one or more of the following—
(a) a fitting of the same kind to be provided to the Corporation,
(b) a satisfactory result of tests of a fitting of the same kind carried out by a person or body approved by the Corporation to be provided to the Corporation,
(c) a fitting of the same kind to be manufactured under a system of quality assurance approved by the Corporation.
(3) In determining whether to approve a fitting, the Corporation must consider—
(a) the requirements of AS 5200.000–2006, and
(b) guidelines for fittings published on the Corporation’s website.
(4) The Corporation may publish guidelines on the Corporation’s website setting out requirements for fittings.
(5) In this section—
AS 5200.000—2006 means AS 5200.000—2006, Technical specification for plumbing and drainage products, Part 000: Procedures for certification of plumbing and drainage products.
27
Unauthorised plumbing or drainage work
27 Unauthorised plumbing or drainage work
27 Unauthorised plumbing or drainage work
(1) For the Act, section 99(2)(c), a person must not carry out plumbing or drainage work unless the person holds a permit authorising the person to carry out the work.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(2) A person does not commit an offence under this section if—
(a) the plumbing or drainage work is done in an emergency—
(i) to prevent the waste of water, or
(ii) to restore a water supply that has been shut off to prevent waste of water, or
(iii) to free a choked pipe, or
(iv) to prevent damage to property, and
(b) the person obtains a permit for the work as soon as practicable after the work is done.
(3) This section does not apply to plumbing or drainage work done by, or for, the Corporation.
28
Granting permits
28 Granting permits
28 Granting permits
(1) For the Act, section 99(2)(c), the Corporation may grant a permit for the carrying out of plumbing or drainage work to a person or class of persons on application or on the Corporation’s own initiative.
(2) The Corporation must publish all permits granted to a class of persons on the Corporation’s website.
29
Applications for permits
29 Applications for permits
29 Applications for permits
(1) For the Act, section 99(2)(c), an application for a permit must be—
(a) made in the form approved by the Corporation, and
(b) lodged—
(i) by email to an email address specified by the Corporation on the Corporation’s website for receiving applications, or
(ii) using an online system provided on the Corporation’s website, or
(iii) in another way specified by the Corporation.
(2) An applicant must pay the fee determined by the Corporation for the application.
30
Decisions about applications
30 Decisions about applications
30 Decisions about applications
(1) For the Act, section 99(2)(c), after receiving an application for a permit, the Corporation may, by written notice served on the applicant—
(a) grant the permit, or
(b) refuse to grant the permit.
(2) Without limiting subsection (1), the Corporation may refuse to grant a permit if—
(a) in the Corporation’s opinion, the applicant has previously carried out plumbing or drainage work in contravention of the Act, this regulation or a direction given under this regulation, or
(b) the application for the permit is incomplete.
31
Conditions of permits
31 Conditions of permits
31 Conditions of permits
(1) For the Act, section 99(2)(c), the Corporation may grant a permit unconditionally or subject to conditions.
(2) The Corporation may, by written notice to the holder of a permit, vary the permit by—
(a) imposing a new condition, or
(b) substituting, removing or amending a condition.
(3) The holder of a permit must not contravene a condition of the permit.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
32
Suspension or cancellation of permits
32 Suspension or cancellation of permits
32 Suspension or cancellation of permits
(1) For the Act, section 99(2)(c), the Corporation may, by written notice served on the holder of a permit, suspend or cancel the permit if—
(a) the Corporation is satisfied the permit was granted in error, or
(b) the Corporation is satisfied the holder of the permit—
(i) has failed to comply with a condition of the permit, or
(ii) has contravened the Act, this regulation or a direction given under this regulation, or
(c) the holder of the permit has applied, in the form approved by the Corporation, for the permit to be suspended or cancelled, or
(d) the owner of premises on which work authorised by the permit is being or will be done has applied, in the form approved by the Corporation, for the permit to be suspended or cancelled.
(2) The notice under subsection (1) must specify the following—
(a) the grounds for the suspension or cancellation,
(b) for a suspension—the period of the suspension,
(c) for a cancellation—the date or time from which the cancellation takes effect.
(3) The Corporation may suspend or cancel a permit unconditionally or subject to conditions.
(4) The conditions may include, but are not limited to, conditions to which the permit was subject immediately before it was suspended or cancelled.
(5) The Corporation may, by written notice served on a person whose permit is suspended or cancelled—
(a) impose new conditions on the suspension or cancellation, or
(b) substitute, remove or amend a condition of the suspension or cancellation.
(6) A person whose permit is suspended or cancelled must not contravene a condition of the suspension or cancellation.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(7) In this section—
owner includes a duly authorised agent of the owner.
33
Directions by Corporation for non-standard work
33 Directions by Corporation for non-standard work
33 Directions by Corporation for non-standard work
(1) For the Act, section 99(2)(d), the Corporation may, by written notice served on a person who is carrying out, or has completed, plumbing or drainage work, direct the person to do one or both of the following—
(a) repair the work, in the way specified by the Corporation, if the work is not being, or has not been, done—
(i) to a standard expected of a tradesperson, or
(ii) in accordance with the Plumbing Code of Australia, or
(iii) in accordance with a condition of a permit that applies to the work,
(b) repair a fitting used in the work, in the way specified by the Corporation, if the fitting is—
(i) defective, or
(ii) not an approved fitting.
(2) A direction must be given no later than 6 years after the work to which it relates is completed.
(3) A person must comply with a direction given to the person under this section.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
34
Minister may regulate water use
34 Minister may regulate water use
34 Minister may regulate water use
(1) For the Act, section 106(2)(b), in the case of a drought, emergency or accident, or if the Minister is for some other reason of the opinion that it is necessary in the public interest and for the purpose of maintaining water supply, the Minister may, by order published on the NSW legislation website, regulate or restrict one or more of the following—
(a) the purpose for which water is used,
(b) the time when water is used,
(c) the quantity of water used,
(d) the means or method by which water is used.
(2) The order—
(a) may apply to the whole, or a part, of the area of operations of the Corporation as is specified in the order, and
(b) takes effect on the later of—
(i) the date specified in the order, or
(ii) the date the order is published, and
(c) has effect despite the provisions of a contract relating to the supply of water by the Corporation.
(3) Notice of the order must be given in a way the Minister is satisfied is—
(a) reasonably practical, and
(b) most likely to bring the order to the attention of members of the public in the area of operations of the Corporation to which the order applies.
(4) A person must comply with an order under this section.
Maximum penalty—
(a) for a corporation—100 penalty units, or
(b) otherwise—50 penalty units.
(5) The Corporation may limit or stop the supply of water to land if the owner, occupier or person requiring a supply of water to the land contravenes an order under this section.
35
Persons must notify Corporation of damage to works and other property
35 Persons must notify Corporation of damage to works and other property
35 Persons must notify Corporation of damage to works and other property
For the Act, section 106(2)(b1), a person who damages a work or other property of the Corporation must immediately notify the Corporation of the damage.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
36
Penalty notices
36 Penalty notices
36 Penalty notices
(1) For the Act, section 50—
(a) each offence created by a provision specified in Schedule 1 is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
(2) An act, matter or thing that, immediately before the repeal of the Sydney Water Regulation 2017, had effect under that regulation continues to have effect under this regulation.
This regulation is the Sydney Water Regulation 2025.
2 Commencement
2 Commencement
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Sydney Water Regulation 2017, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this regulation—
approved fitting means a fitting approved by the Corporation in accordance with section 26.
authorised officer, for Part 2—see section 5.
Plumbing Code of Australia means the document entitled the Plumbing Code of Australia, published by the Australian Building Codes Board, as in force from time to time.
plumbing or drainage work, for Part 4—see section 23.
repair includes make good, replace, reconstruct, remove, alter, clean or clear.
the Act means the Sydney Water Act 1994.
vehicle, for Part 2—see section 4.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Controlled areas—the Act, s 89
Part 2 Controlled areas—the Act, s 89
Part 2 Controlled areas—the Act, s 89
4 Definitions
4 Definitions
4 Definitions
In this part—
authorised officer—see section 5.
vehicle includes the following—
(a) a motor vehicle within the meaning of the Road Transport Act 2013,
(b) a trailer or caravan, whether or not it is being towed,
(c) an apparatus propelled by human or mechanical power, or by the wind, that is wholly or partly used for the conveyance of persons or things, other than a wheelchair, pram or stroller,
Provides statutory time-limits for the Corporation’s directions to repair non-standard work or defective/non-approved fittings (directions may be given up to 6 years after completion) and criminalises contravention of those directions (ss 22(2), 33(2)).
Grants the Minister an express power to regulate or restrict water use in droughts, emergencies, accidents or where the Minister considers it in the public interest for maintaining water supply; such orders override contractual provisions and may be applied to the Corporation’s whole or part operational area (s 34).
Requires immediate notification to the Corporation where a person damages the Corporation’s works or other property (s 35).
Prescribes which offences are penalty-notice offences and fixes the dollar amounts payable if a penalty notice is issued (s 36; Schedule 1).
The regulation largely establishes administrative processes, compliance standards (Plumbing Code of Australia; approved fittings) and enforcement architecture (authorised officers, written notices, suspension/cancellation powers, penalty notices). It centralises many decision and approval rights in Sydney Water (the Corporation), gives the Minister reserve powers to regulate water use in specified circumstances, and creates record- and publication-based obligations (publication of authorisations/permits granted to classes, publication of directions for approved fittings).
Main concepts
This regulation organises its controls around several repeatable legal concepts. Each concept defines duties, decision-makers and enforcement levers.
Controlled areas (Part 2; ss 4-15)
Concept: land or areas where access and activity can be restricted under the Act (s 89). The regulation defines who may be authorised officers (s 5) and expands vehicle to include a variety of conveyances (s 4).
Core prohibitions: no unauthorised entry or remaining (s 8); no animals (s 9); no driving/parking/being a passenger in a vehicle within a controlled area (s 10); no agriculture (s 11); no damaging Corporation property or removing plant or materials (s 12); no bringing/leaving waste or polluting waters (s 13); no opening or interfering with gates/barriers (s 14).
Enforcement instruments: directions to leave (s 7), fees/charges for entry (s 15), and the Corporation’s consent mechanism (s 6) which can be sign-based or written notice and can be subject to conditions.
Authorisations and permits (Parts 3 and 4; ss 16-33)
Concept: legal permissions that allow connections, alterations or use of works (authorisations under s 48A of the Act) and plumbing or drainage work (permits under s 99).
Application/decision process: the Corporation sets the approved application forms and lodgement channels, may require application fees, may grant on application or on its own initiative, and must publish grants to a class of persons on its website (ss 16-17; ss 28-29).
Conditions and control: authorisations and permits are subject to mandatory and permissive conditions, may be varied by written notice, and contravention of conditions is an offence (ss 19, 31). The Corporation may suspend or cancel authorisations or permits, and specify grounds, periods and conditions for suspension/cancellation (ss 20, 32).
Approved fittings and technical compliance (ss 21, 24-26)
Concept: the Corporation controls which fittings may be used and requires plumbing/drainage work to conform to the Plumbing Code of Australia.
Approval process: the Corporation may require provision of samples, third-party testing, or quality-assurance manufacturing processes before granting approval (s 26(2)). Approval must consider AS 5200.000,2006 and published guidelines (s 26(3)-(4)). The Corporation may direct the use of approved fittings (s 21).
Offences: use of non-approved fittings or non-compliance with the Plumbing Code is an offence (ss 24-25).
Directions for non-standard work and time limits (ss 22, 33)
Concept: corrective power to require repair where work is not to tradesperson standard, not in accordance with the Plumbing Code or conditions, or where fittings are defective/non-approved.
Time horizon: directions must be issued within six years of completion of the work (s 22(2); s 33(2)).
Ministerial order power for water use (s 34)
Concept: an override power enabling the Minister to regulate the purpose, time, quantity or method of water use in droughts, emergencies, accidents or other public-interest scenarios for maintaining water supply.
Contract impact: such orders have effect despite contractual provisions related to the supply of water by the Corporation (s 34(2)(c)).
Enforcement: non-compliance is an offence and the Corporation may limit or stop supply where an owner, occupier or person requiring supply contravenes the order (s 34(4)-(5)).
Penalty notices and monetary enforcement (s 36; Schedule 1)
Concept: many offences under the regulation and several under the Act are listed as penalty-notice offences and are assigned fixed dollar amounts in Schedule 1. The regulation clarifies that penalty notices may be issued only within the qualified scope of the provision (s 36(1)-(2)).
Publication and notice (multiple provisions)
Multiple parts require publication: authorisations and permits granted to classes must be published on the Corporation’s website (ss 16(2), 28(2)); fitting directions must be published on the Corporation’s website (s 21(2)); Ministerial orders must be published on the NSW legislation website and notice given as the Minister considers reasonably practical and likely to bring the order to public attention (s 34(1)-(3)).
Legal cross-references and standard-setting
The regulation imports external technical standards and definitions, which shape substantive compliance obligations (s 3; ss 13(3), 26(3)).
In sum, the main concepts are territory control (controlled areas), administrative permissioning (authorisations/permits), technical standard-setting (approved fittings and the Plumbing Code), correction and enforcement (directions, suspension/cancellation, penalties), and emergency/Ministerial override (water-use orders).
Who it affects
This regulation creates legal effects for a defined set of actors; the identity and duties of those actors shape compliance costs and behavioural incentives.
The Corporation (Sydney Water)
Decision-maker and enforcer. Powers to grant/deny/condition authorisations and permits (ss 16-21; 28-33), to approve fittings and publish guidelines (s 26), to determine fees and charges for entry to controlled areas and to reduce or waive them (s 15), to grant consent for activity on controlled areas and to do so by sign or written notice (s 6), and to limit or stop water supply where Ministerial orders are contravened (s 34(5)).
Administrative obligations: publish authorisations and permits granted to classes on its website (ss 16(2), 28(2)) and publish directions about approved fittings (s 21(2)). The Corporation also makes determinations about forms, fees, lodgement channels and may require tests, samples, or QA evidence for fittings (ss 17, 26, 29).
Employees and authorised officers
Authorised officers are employees of the Corporation, persons authorised in writing by the Corporation, and police officers (s 5). They may give directions to leave controlled areas when they reasonably believe contraventions have occurred or fees have not been paid (s 7). They enforce controlled-area prohibitions, deny entry where fees are unpaid (s 15(3)), and serve written notices for suspension/cancellation, directions to repair, and other administrative actions.
Tradespeople, plumbers and permit-holders
Tradespeople carrying out plumbing or drainage work must comply with the Plumbing Code of Australia (s 24), use approved fittings (s 25), and hold a permit authorising the work unless an emergency exception applies (s 27). They are the primary subject of authorisation/permit conditions and susceptible to directions requiring repair of non-standard work up to six years after completion (ss 22(1), 33(1)-(3)).
Owners, occupiers and users of land
Owners/occupiers within controlled areas face prohibitions on entry, animals, driving/parking, agriculture, damage, pollution and interfering with gates/barriers (ss 8-14). They must pay fees if required for entry (s 15) and warn that Ministerial orders restricting water use may override contractual rights and authorise supply limitation (s 34(2)-(5)). Owners may apply for suspension or cancellation of permits/authorisations when work is occurring on their premises (ss 20(1)(d), 32(1)(d)).
Manufacturers, suppliers of fittings and certifiers
Firms that manufacture or supply fittings must engage with the Corporation’s approval regime. The Corporation may require samples, third-party testing, or manufacturing under a quality-assurance system approved by the Corporation before it will approve a fitting for use (s 26(2)). The Corporation must consider AS 5200.000,2006 and its own guidelines when approving fittings (s 26(3)-(4)).
Visitors, contractors and the general public
Individuals entering controlled areas for recreation or work are subject to controlled-area prohibitions and potential directions from authorised officers (Part 2). Fees for entry may apply and the Corporation may refuse entry where fees are unpaid (s 15).
Corporations and individuals generally
The regulation frequently distinguishes between penalties for corporations and individuals: many maximum penalties are expressed as higher penalty units for corporations than individuals (multiple sections including ss 7(2), 8, 9, 10, 11(1), 12(1), 13(1), 14(1), 19(3), 20(6), 21(3), 22(3), 24-27, 27(1), 31(3), 32(6), 33(3), 34(4), 35). Schedule 1 sets fixed penalty-notice dollar amounts that also differentiate between individuals and corporations for listed offences.
Police
Police officers are expressly authorised officers for the purposes of controlled-area enforcement (s 5(c)). That confers uniform powers in the controlled-area regime on those officers when exercising functions under this regulation.
People doing emergency repairs
The regulation provides an exception for emergency plumbing or drainage work done to prevent waste of water, restore supply, free a choked pipe, or prevent property damage; emergency work is allowed but a permit must be obtained as soon as practicable afterwards (s 27(2)).
This distribution of affected actors concentrates administrative discretion and technical approval powers in the Corporation while creating enforceable duties on tradespeople, owners/occupiers, suppliers of fittings and the general public. The regulation also creates asymmetric penalties and fee mechanisms affecting who bears compliance costs directly and who may be subject to administrative sanctions.
Key duties and rights
This section sets out the principal positive and negative duties on regulated actors and the rights or discretions reserved to the Corporation and the Minister, with line references to the regulation.
Duties on individuals and corporations
Controlled-area conduct:
Do not enter or remain in a controlled area (s 8). Maximum penalty specified in the relevant sections (s 8).
Comply with a direction to leave when given by an authorised officer who reasonably believes a contravention has occurred or fees have not been paid (s 7(1)-(2)).
Do not cause an animal to enter or remain in a controlled area (s 9).
Do not drive, ride, be a passenger in, park or leave vehicles in a controlled area (s 10).
Do not engage in agriculture in controlled areas (s 11).
Do not damage, remove or interfere with Corporation fixtures, signs, structures or property; do not remove plant, rock, soil, sand or similar substances (s 12).
Do not bring waste into or leave waste in a controlled area; do not pollute waters within a controlled area, except under an environment protection licence (s 13(1)-(2)).
Do not open, pass through, remove, interfere with, damage or obstruct gates or barriers on or to controlled areas (s 14).
Pay fees or charges determined by the Corporation for entry to a controlled area; an authorised officer may deny entry where fees are unpaid (s 15(1), (3)). The Corporation may reduce or waive fees (s 15(2)).
Plumbing and drainage work:
Do plumbing or drainage work in accordance with the Plumbing Code of Australia (s 24).
Do not use fittings for plumbing or drainage work unless they are approved fittings (s 25).
Do not carry out plumbing or drainage work unless holding a permit authorising the person to carry out the work, except in specified emergency situations where a permit must be obtained as soon as practicable (s 27(1)-(2)).
Notifications and repair directions:
A person who damages a work or other property of the Corporation must notify the Corporation immediately (s 35).
A person who has carried out work may be directed by the Corporation to repair work or fittings that are non-standard, defective or non-approved, and must comply with such a direction (ss 22(1), 33(1)-(3)). Directions must be issued no later than six years after the work is completed (ss 22(2), 33(2)).
Duties specific to applicants and permit/authorisation holders
Applications must be made in the form approved by the Corporation and lodged to the email, online system or other way specified by the Corporation, and applicants must pay the fee determined by the Corporation (ss 17(1), 17(2); 29(1)-(2)). Equivalent process rules apply to permits (ss 28-31).
Holders of authorisations and permits must not contravene conditions attached to those instruments (ss 19(3), 31(3)).
Holders must comply with variations, suspensions or cancellations communicated by written notice (ss 19(2), 20(1)-(6), 31(2), 32(1)-(6)).
Rights and discretions of the Corporation
Consent and entry: The Corporation may grant consent for activities in controlled areas, and consent is a defence to most offences under Part 2 if the activity is done in accordance with the conditions of consent (s 6(1)). Consent may be given by sign or written notice and may be conditional, varied or revoked (s 6(2)-(4)).
Authorisations/permits: The Corporation may grant authorisations or permits on application or on its own initiative, impose terms and conditions, vary conditions, and suspend or cancel instruments where granted in error or conditions/standards are not met (ss 16, 18-21; 28-32). The Corporation must publish authorisations or permits granted to a class on its website (ss 16(2), 28(2)).
Fittings approval: The Corporation may approve fittings for use and require samples, testing or QA manufacturing evidence; in approving it must consider AS 5200.000,2006 and website guidelines and may publish further guidelines (s 26(1)-(4)). The Corporation may direct use of approved fittings and must publish such directions (s 21(1)-(2)).
Fees and charges: The Corporation determines fees and may reduce or waive them (s 15(1)-(2)).
Enforcement and remedial power: The Corporation may issue directions to repair non-standard work, impose conditions, suspend/cancel authorisations and permits, and may limit or stop supply of water where Ministerial orders are contravened (s 20; s 32; s 34(5)).
Ministerial power and public interest override
The Minister may, by order published on the NSW legislation website, regulate or restrict the purpose, time, quantity or means/methods of water use in the case of drought, emergency, accident or other public-interest need for maintaining water supply (s 34(1)).
Such orders may apply to whole or part of the Corporation’s area of operations and take effect on the date specified or the date of publication (s 34(2)(a)-(b)).
Orders have effect despite contractual provisions related to supply (s 34(2)(c)). The Minister must ensure notice is given in a practicable way likely to bring the order to the attention of those in the affected area (s 34(3)). Compliance with Ministerial orders is mandatory and breach is an offence (s 34(4)).
Penalty-notice mechanism
The regulation makes specified offences penalty-notice offences and fixes the monetary amounts payable under Schedule 1 (s 36; Schedule 1). The issuing of penalty notices is limited to those offences and with the qualifiers listed in s 36(2).
Procedural and temporal constraints
Written notices are required for many adverse administrative actions (s 18(1); s 20(1), (2); s 30(1); s 32(1)), and directions to repair must be given within six years of completion of the work (s 22(2); s 33(2)). These temporal and notice obligations are specific constraints on exercise of powers.
These duties and rights structure who decides, who pays, and what behaviour changes are required: the Corporation controls technical approvals and entry/permit systems; authorised officers enforce access rules; tradespeople must follow technical standards and obtain permits; owners and users must comply with access and Ministerial water-use orders; and monetary sanctions and administrative suspension/cancellation provide enforcement.
Penalties and enforcement
The regulation sets a layered enforcement regime combining criminal maximum penalties measured in penalty units, administrative enforcement (suspension, cancellation, directions), authorised officer powers, and penalty notices with fixed dollar amounts.
Criminal maximum penalties (penalty units)
Most offences in the regulation have maximum penalties expressed in penalty units, and the regulation routinely distinguishes higher maximums for corporations than for individuals: commonly 200 penalty units for corporations and 100 penalty units for others (see ss 7(2), 8, 9, 10, 11(1), 12(1), 13(1), 14(1), 19(3), 20(6), 21(3), 22(3), 24, 25, 27(1), 31(3), 32(6), 33(3), 35). Section 34(4) sets a lower maximum (100 penalty units for corporations, 50 for individuals) for contravention of a Ministerial water-use order.
Penalty notices and fixed-dollar enforcement
Section 36 designates a set of offences as penalty-notice offences and Schedule 1 fixes the amount payable if a penalty notice is issued for particular offences. The Schedule lists offences under the Act (ss 48; 48A(1); 49(1)) and numerous offences under the regulation itself (including ss 7(2), 8, 9, 10, 11(1), 12(1), 13(1), 14(1), 19(3), 20(6), 21(3), 22(3), 24, 25, 27(1), 31(3), 32(6), 33(3), 35). The Schedule sets the dollar amounts payable for individuals and corporations for each listed offence. Examples:
General listed offences under the regulation attract $750 for an individual and $1,500 for a corporation (Schedule 1 entries for many sections).
Offences under the Act have larger fixed amounts (for example s 48 listed at $2,200 individual; $4,400 corporation).
Contravention of a Ministerial water-use order (s 34) is listed at $450 for an individual and $900 for a corporation in Schedule 1.
Section 36(2) restricts issuing penalty notices to only the limited kinds of offences or circumstances specified where the provision is so qualified.
Administrative enforcement and remedial powers
Authorised officers may direct persons to leave controlled areas where the officer reasonably believes a contravention has occurred or fees have not been paid (s 7(1)-(2)). Failure to comply is a specified offence with penalties (s 7(2)).
The Corporation can deny entry to controlled areas if fees or charges are not paid (s 15(3)).
For substandard or non-compliant plumbing and drainage work, the Corporation may direct repair or replacement in the manner it specifies (ss 22, 33). Failure to comply with such directions is an offence carrying maximum penalties (ss 22(3), 33(3)).
The Corporation may suspend or cancel authorisations and permits, impose or vary conditions, and must specify grounds, period and effective date in a written notice (ss 20, 32). Contravening suspension or cancellation conditions is an offence (ss 20(6), 32(6)).
The Minister’s order power includes supply-limiting measures: the Corporation may limit or stop supply to land where the owner/occupier contravenes a Ministerial order (s 34(5)).
Enforcement actors and processes
Enforcement is exercised through a mix of actors: authorised officers (employees of the Corporation, authorised persons, police) have day-to-day control over controlled areas (s 5); the Corporation performs administrative enforcement via written notices, suspension/cancellation, approvals and directions (ss 6, 18-21, 26, 30-33); and the Minister prescribes water-use restrictions with statutory force and overrides contractual rights (s 34).
Many powers require written notice when used (ss 18(1), 20(1), 30(1), 32(1)), which creates procedural formality ahead of enforcement actions.
Temporal limits affecting enforcement
The Corporation’s powers to direct repairs for nonstandard work are subject to a six-year time limit measured from completion of the work (ss 22(2), 33(2)). This imposes a statute‑of‑limitations style constraint on remedial directions.
Public-facing publication and notice requirements
Several enforcement mechanisms require public notice or public posting: authorisations/permits granted to classes must be published on the Corporation’s website (ss 16(2), 28(2)); directions about approved fittings must be published (s 21(2)); Ministerial orders must be published on the NSW legislation website and public notice given in a way the Minister considers reasonably practical and likely to reach affected persons (s 34(2)-(3)). These publication requirements shape enforceability and notice arguments.
Practical enforcement trade-offs and allocation of enforcement burden
The regulation gives broad discretion to the Corporation to set fees, approve fittings and determine forms and application channels (ss 15, 17, 29, 26). That discretion concentrates enforcement and compliance determination in the Corporation and places the burden on applicants, tradespeople and suppliers to meet requirements and respond to notices.
Penalty notices convert many low-level offences into administratively enforceable monetary penalties with fixed dollar amounts, streamlining enforcement for routine contraventions but leaving more serious breaches within the criminal/penalty-unit scheme.
In practice, enforcement combines immediate operational controls (directions to leave, denial of entry, supply limitation), retrospective remediations (repair directions within six years), administrative licensing controls (permit/authorisation variation, suspension and cancellation), and both fixed-sum penalty notices for specific listed contraventions and higher maximum penalty-units exposure for other offences.
How it interacts with other laws
This regulation cross-references and interacts with several other legal instruments and statutory provisions, both by direct reference and by setting rules that can override contractual terms in limited circumstances.
References to the Act and subordinate powers
The regulation operates as subordinate legislation to the Sydney Water Act 1994, explicitly implementing and giving detail to specific sections of the Act: controlled areas (Act s 89) through Part 2 (ss 4-15), authorisations under s 48A and permit/works under s 99 via Parts 3 and 4 (ss 16-33), and Ministerial emergency/regulatory powers under s 106 via Part 5 (s 34). The regulation must be read as working in concert with the enabling Act (the regulation uses the Act as source of authority for these powers throughout).
External statutory definitions and standards
Definitions and meanings: the regulation imports definitions and concepts from other Acts: vehicle uses the Road Transport Act 2013 and the Marine Safety Act 1998 (s 4); pollution, waste and waters have the same meanings as in the Protection of the Environment Operations Act 1997 (s 13(3)); agriculture adopts the meaning from the Standard Instrument (Local Environmental Plans) Order 2006 (s 11(2)); the regulation also notes that the Act and the Interpretation Act 1987 contain relevant definitional matter (s 3).
Technical standards: the regulation requires plumbing and drainage work to comply with the Plumbing Code of Australia (s 24) and requires the Corporation to consider AS 5200.000,2006 when approving fittings (s 26(3)). The Corporation may publish and require adherence to guidelines on its website for fittings (s 26(4)).
Ministerial orders and contractual relations
Section 34(2)(c) expressly states that a Ministerial water-use order has effect despite the provisions of a contract relating to the supply of water by the Corporation. That provision creates a statutory override of private contractual rights between customers and the Corporation in circumstances covered by the Minister’s order (drought, emergency, accident or other public-interest reason for maintaining water supply).
Interaction with environmental licensing regimes
Section 13(2) provides that a person does not commit an offence under the waste/pollution prohibition where the conduct is done in accordance with an environment protection licence, with that licence being defined by reference to the Protection of the Environment Operations Act 1997. That creates an interaction where licensed activities under that Act may be an express exception to the regulation’s pollution/waste prohibitions in a controlled area.
Administrative law, natural justice and statutory powers
The regulation creates discretionary powers for the Corporation to grant/deny, vary, suspend or cancel authorisations and permits, and to issue directions for repair. Many such decisions must be given by written notice (ss 18(1); 20(1)-(2); 30(1); 32(1)), which brings procedural formality. The enabling Act and broader administrative law principles will govern review avenues and judicial oversight of those decisions, but the regulation itself sets the internal thresholds and grounds (for example, prior contraventions, incomplete applications, or errors in grant) that the Corporation may rely upon (ss 18(2), 30(2), 20(1)(a)-(b), 32(1)(a)-(b)).
Savings and repeal mechanics
The regulation repeals the Sydney Water Regulation 2017 and provides a savings provision that preserves acts, matters or things that had effect immediately before repeal (s 37(1)-(2)). This ensures continuity, but practitioners should note that the new regulation is the operative text going forward.
Penalty notices, Act s 50 and procedural limitation
Section 36 designates which offences are penalty-notice offences and fixes the amounts in Schedule 1. The issuing of penalty notices is governed by the Act’s s 50 and the regulation’s s 36(1)-(2), which restricts their use to the specified offences and the limited circumstances if the provision is qualified.
Implications for contracts with private parties and third parties
The Ministerial override in s 34(2)(c) means that supply contracts with the Corporation may not be enforceable to prevent application of a Ministerial order in the specified circumstances. Contractors, water users and customers need to plan for statutory directions that can materially alter contractual expectations in emergency situations.
In sum, the regulation does not operate in isolation. It imports technical standards and statutory definitions, creates exceptions for regulated environmental licences, and provides for Ministerial orders that can override private contract terms. These cross-references place emphasis on coordination with the Plumbing Code of Australia, AS 5200.000,2006, environmental licensing regimes and the enabling Act when advising clients or operating under the regulation.
Amendment history
The regulation provides explicit information about its entry into force and its relationship to prior subordinate legislation. The document supplied contains no further chronological amendment entries, therefore the amendment history in this source is confined to the following:
Repeal and replacement: This regulation repeals and replaces the Sydney Water Regulation 2017 (s 2; s 37(1)). The committal note in the commencement provision states the regulation commences on publication on the NSW legislation website and that the replacement is timed in relation to the Subordinate Legislation Act 1989, section 10(2), which would otherwise have caused the earlier regulation to be repealed on 1 September 2025 (s 2 commencement note).
Savings provision: The regulation provides a saving that an act, matter or thing that had effect under the repealed Sydney Water Regulation 2017 immediately before repeal continues to have effect under this regulation (s 37(2)). That preserves continuity for existing administrative arrangements, approvals or obligations that carried over from the 2017 regulation.
No other amendments recited: The text provided contains no schedules, transitional amendment clauses beyond s 37, or successive amending instruments. The regulation itself appears to be the replacement instrument; any subsequent amendments would be published separately and are not recorded in the text supplied.
Practical consequence for practitioners
Because the regulation expressly repeals the 2017 instrument and preserves existing effects (s 37), organisations and practitioners must treat the 2025 regulation as the operative rulebook from its date of publication. The regulatory duties, powers and procedural rules set out here are to be relied on in lieu of the 2017 text (with the caveat that existing permits/authorisations that automatically continued remain effective by virtue of the savings clause).
The commencement approach (immediate on publication) means stakeholders should review the regulation promptly on publication to identify changes from the 2017 regime because there is no delayed commencement for most provisions (s 2).
Absent further amendment entries in the text provided, this is the complete amendment/repeal history contained in the instrument itself: repeal of the 2017 regulation and an express savings clause preserving existing effects.
Litigation history
The regulation text supplied does not reference any judicial decisions, reported litigation, or administrative review outcomes. It names no cases. Therefore, on the basis of this source alone:
There is no litigation history recorded in the regulation itself.
No judicial interpretations, precedents, appeal outcomes, or tribunal decisions appear in the text.
Practitioners should note that the regulation creates multiple discretionary administrative actions (granting/ refusing/ varying authorisations and permits, approving fittings, directing repairs, suspending/cancelling instruments, Ministerial orders) that are likely to be subject to administrative review and judicial scrutiny in practice, but any such cases, decisions or controversies would need to be located in external case law or administrative decisions not included in the text provided.
Accordingly, to advise on likely litigation points or to assess precedent, one must search case law and administrative tribunals for challenges to Sydney Water’s exercise of the powers identified in this regulation (e.g. challenges to the validity of directions, claims for compensation arising from suspension/cancellation, judicial review of procedural fairness in permit refusals, or disputes arising from Ministerial water-use orders). Those materials are not in the instrument itself and therefore not summarised here.
Gotchas
This regulation contains several provisions and structural features that create practical traps or non-obvious compliance risks for regulated parties. The following points derive directly from the text and identify where routine assumptions could produce exposure.
Corporation discretion and publication-based notice
Many substantive decisions and technical approvals rest largely within the Corporation’s discretion: approval of fittings (s 26), determination of fees and charges for entry to controlled areas and the capacity to waive or reduce them (s 15), specification of application forms and lodgement channels (ss 17(1)(a), 29(1)(a)). The Corporation can grant authorisations or permits on its own initiative (ss 16(1), 28(1)). That concentration of discretionary authority means regulated persons cannot rely solely on static published rules; they must monitor the Corporation’s website for published authorisations, permits and fitting guidelines (ss 16(2), 21(2), 26(4), 28(2)). A “gotcha” is assuming that absence of a publicised rule means an approval does not exist.
Consent mechanics for controlled areas: signs count
The Corporation may grant consent for activity in a controlled area by displaying a sign on the land or by written notice to a person (s 6(2)). Practically, this means a person who sees only an absence of a written notice may still be authorised by a sign; conversely, failing to check for signage or written permissions could expose individuals or contractors to prosecution under controlled-area prohibitions (e.g. s 8). Do not assume consent must be personally given in writing; signage can constitute consent under s 6(2)(a).
Approved fittings and testing/QA requirements
The Corporation can demand samples, tests from third parties approved by the Corporation, or that fittings be manufactured under a QA system approved by the Corporation as a precondition to approval (s 26(2)). Suppliers/manufacturers face potential material costs for testing and QA alignment with the Corporation’s requirements. The Corporation also mandates consideration of AS 5200.000,2006 and its own website guidelines (s 26(3)-(4)). A supplier using existing national approvals should be alert that the Corporation may require further substantiation.
Six-year lookback for remedial directions
Both parts of the regulation allow the Corporation to direct repairs for non-standard work or defective/non-approved fittings up to six years after completion of the work (ss 22(2), 33(2)). Contractors and owner-occupiers may therefore face latent liability for work completed years earlier. That is a long exposure window relative to some commercial warranties and insurance periods; parties should manage documentation, warranties and insurance policies accordingly.
Emergency exception is conditional
Emergency plumbing or drainage work is permitted without a prior permit but only if the work was necessary for the specific emergency purposes listed and the person obtains a permit “as soon as practicable after the work is done” (s 27(2)). The “as soon as practicable” requirement is a potential compliance point: failure to secure a permit promptly after emergency work risks an offence. Practitioners should plan for immediate post‑incident permit lodgement processes.
Ministerial override of contracts and supply limitation
The Minister’s power to regulate or restrict water use expressly operates “despite the provisions of a contract relating to the supply of water by the Corporation” (s 34(2)(c)). This means contractual rights that might otherwise secure supply can be displaced by an order. The Corporation may also limit or stop supply to land if an owner, occupier or person requiring supply contravenes a Ministerial order (s 34(5)). Parties with long-term supply contracts or financing arrangements dependent on uninterrupted water supply must factor this statutory override into risk assessments.
Penalty-notice regime simplifies enforcement but fixes amounts
Schedule 1 fixes the dollar amounts for penalty notices. Where an offence is penalty-noticeable, the regulator may elect to issue the penalty notice rather than pursue court proceedings; however, the fixed amounts may be lower than the criminal maximum penalties. For higher-value contractual or reputational harms, the fixed-sum penalty notice may not capture the total regulatory risk. Also, s 36(2) limits penalty notices to the specific kinds of offences or circumstances where the provision is so qualified.
Broad definition of vehicle for controlled-area rules
Vehicle is defined broadly to include motor vehicles, trailers/caravans (whether towed or not), apparatus propelled by human/mechanical power or wind used for conveyance (excluding wheelchairs, prams, strollers), and vessels under the Marine Safety Act (s 4). The breadth may catch non-obvious items such as trailers or small powered apparatus, creating risk of inadvertent contravention of driving/parking prohibitions in controlled areas (s 10).
Different penalty regimes for corporations and individuals
Many offences have higher maximum penalties for corporations than for individuals. Schedule 1 also lists different dollar penalty notices for corporations and individuals. Entities should assess whether activity is undertaken in corporate form and how that affects exposure.
Publication and website reliance risk
The regulation requires publication of certain instruments on the Corporation’s website (authorisations/permits for classes, fitting directions), and Ministerial orders must be published on the NSW legislation website with practical notice (ss 16(2), 21(2), 26(4), 28(2), 34(1)-(3)). Practically, regulated parties must monitor online postings; failure to do so is not a defence to obligations like directions to use approved fittings or to comply with Ministerial orders.
Record-keeping and retrospective compliance
Given the six-year direction window and the Corporation’s power to require tests and QA documentation for fittings, maintaining records of work, parts used, approvals and test results is critical. The regulation’s remedial powers create asymmetrical retrospective risk.
In summary, the key “gotchas” are concentrated in (1) the Corporation’s broad discretions and publication-based processes; (2) long retrospective exposure to corrective directions; (3) possible intrusive approval processes for fittings; (4) the Ministerial power to override contracts and limit supply; and (5) the need to treat signage as a substantive form of consent in controlled areas. Practitioners should map operational procedures and record-keeping to these specifics.
How to comply
Compliance under this regulation requires a mixture of proactive administrative steps, technical conformity, record-keeping and procedural readiness to respond to administrative directions and enforcement. The following practical checklist is grounded in the statutory text and organised by actor.
For all parties (owners, occupiers, visitors, contractors)
Monitor publications: regularly check the Corporation’s website for:
Authorisations and permits published for classes (ss 16(2), 28(2)).
Approved fittings directions and published guidelines (s 21(2); s 26(4)).
Corporation-specified application forms, email addresses and online lodgement systems (ss 17(1), 29(1)).
Ministerial orders published on the NSW legislation website (s 34(1)).
Controlled-area behaviour:
Do not enter or remain in a controlled area unless you have the Corporation’s consent (s 6(1); s 8).
If entering, confirm whether consent exists by checking signage and written notices, because consent may be given by display of a sign (s 6(2)(a)) or by written notice (s 6(2)(b)).
Pay any entry fees determined by the Corporation or obtain written waiver (s 15(1)-(2)); an authorised officer may deny entry where fees are unpaid (s 15(3)).
Abide by specific prohibitions on animals, driving/parking, agriculture, damage and pollution (ss 9-14).
For tradespeople, plumbers and contractors performing plumbing/drainage work
Permits and authorisations:
Obtain the relevant permit before commencing plumbing or drainage work unless the situation is an emergency permitted under s 27(2). If an emergency exception applies, obtain the permit “as soon as practicable” afterwards (s 27(2)).
Use the Corporation’s approved application forms and lodgement channels and pay the fee determined by the Corporation (ss 17(1), 17(2); 29(1)-(2)).
Ensure all conditions of an authorisation or permit are followed; non-compliance is an offence (ss 19(3), 31(3)).
Technical compliance:
Ensure that all plumbing or drainage work is undertaken in accordance with the Plumbing Code of Australia (s 24).
Use only fittings approved by the Corporation for the relevant kind of work (s 25). If relying on a supplier’s representation, confirm the fitting is an “approved fitting” under the Corporation’s approval list or has been specifically authorised.
Document retention:
Keep records of all permits, authorisations, fitting approvals, test certificates, QA records and installation details. The Corporation may require tests or QA evidence during the approval process for fittings (s 26(2)).
Responding to directions:
If the Corporation issues a direction to repair or replace work or fittings, comply within the timeframe specified. Note that the Corporation may issue such directions up to six years after the work is completed (s 22(2); s 33(2)).
For manufacturers, suppliers and importers of fittings
Engage early with approval requirements:
If you seek the Corporation’s approval for a fitting, be prepared to provide a sample, to commission tests from a person or body approved by the Corporation, or to demonstrate that manufacture occurs under a QA system approved by the Corporation (s 26(2)).
Ensure your product documentation addresses AS 5200.000,2006 considerations and be ready to conform with any guidelines published on the Corporation’s website (s 26(3)-(4)).
Maintain testing and QA records:
Retain and be able to supply test results, certification and QA evidence to support approvals.
Monitor for direction changes:
The Corporation may give directions requiring the use of approved fittings for particular work types; those directives must be published on the Corporation’s website and are enforceable (s 21(1)-(3)).
For owners and occupiers of premises
Permit oversight and contractor management:
Ensure contractors working on your premises hold the necessary permits and are using approved fittings. Owners may apply in Corporation‑approved form for a permit or for suspension/cancellation of a permit in some circumstances (ss 20(1)(d), 32(1)(d)).
Immediate notification obligation:
If a person damages a work or other property of the Corporation, notify the Corporation immediately (s 35). Failure to notify is a specified offence with maximum penalties (s 35).
Prepare for Ministerial orders:
Incorporate the risk that the Minister may impose water-use regulation that overrides contractual rights and may lead to temporary limitation or cessation of supply (s 34(2)-(5)). For risk management: maintain contingency plans, review contractual force majeure and business-continuity arrangements, and plan for compliance with restriction notices.
For corporate entities and management/compliance teams
Compliance policy and training:
Develop and implement policies to ensure staff and contractors follow the Plumbing Code of Australia, use approved fittings and secure required permits before commencing work (ss 24-27).
Records and audit trail:
Maintain an auditable trail of permits, fitting approvals, QA documentation and communications with the Corporation for at least six years to respond to remedial directions (ss 22(2), 33(2)).
Monitor signage and written notices:
Ensure field staff recognise that signage may constitute Corporation consent (s 6(2)(a)) and that authorised officers may give directions to leave (s 7).
Penalty exposure management:
Understand that many contraventions are penalty-notice offences with fixed dollar amounts in Schedule 1 and that corporations commonly face higher penalties than individuals. Establish an internal escalation process to resolve minor breaches quickly to avoid penalty notices (s 36; Schedule 1).
For legal advisers and compliance officers
Administrative decision review:
Clients must be made aware that refusals, conditions, suspensions or cancellations of permits/authorisations are given by written notice (ss 18(1), 20(1), 30(1), 32(1)) and that those instruments may be subject to administrative review or judicial review under general administrative law; preservation of procedural fairness points is critical when the Corporation exercises discretion.
Contract drafting:
Draft supply and service contracts to account for the Minister’s power to override contractual supply provisions in specified circumstances (s 34(2)(c)), and advise clients to include contingency and compliance clauses that anticipate possible water-use orders.
Insurance and warranties:
Advise clients on aligning insurance and warranty periods with the regulation’s six-year corrective window for non-standard work (ss 22(2), 33(2)).
Operational checklist , immediate to-do items
Map out all controlled areas where your business operates or sends contractors and establish a sign/permit check procedure for site access (s 6).
Audit all plumbing/drainage work done in the past six years and ensure documentation and permits are in order in case of a remedial direction (ss 22(2), 33(2)).
Verify all fittings used are on the Corporation’s approved list or have obtained explicit approval; retain test certificates and QA evidence (ss 25-26).
Implement immediate notification procedures for any damage to Corporation works (s 35).
Review contracts for supply risk and plan for potential Ministerial restrictions; align continuity plans accordingly (s 34).
Establish liaison channels with the Corporation for applications, waivers and notices, and train staff to respond to authorised officer directions (s 5; ss 17, 29).
By following these steps and mapping responsibilities within the organisation, regulated parties convert the regulation’s obligations into operational tasks: securing permits before work, validating fittings, maintaining records for at least six years, complying promptly with directions, and monitoring the Corporation’s and Minister’s public notices. These actions directly address the principal sources of regulatory risk embedded in the instrument.
(d) a vessel within the meaning of the Marine Safety Act 1998.
5 Meaning of “authorised officer”
5 Meaning of “authorised officer”
5 Meaning of “authorised officer”
For the Act, section 89(1)(c), the following persons are authorised officers—
(a) an employee of the Corporation,
(b) a person or a member of a class of persons authorised in writing by the Corporation,
(c) a police officer.
6 Corporation’s consent
6 Corporation’s consent
6 Corporation’s consent
(1) For the Act, section 89(1)(b), a person does not commit an offence under this part, other than an offence under section 7, for anything done, or omitted to be done—
(a) with the consent of the Corporation, and
(b) in accordance with the conditions of the Corporation’s consent.
(2) The Corporation may grant consent by—
(a) displaying a sign on the land or part of the land to which the sign relates, or
(b) written notice given to a person.
(3) The Corporation may grant consent subject to conditions the Corporation considers appropriate.
(4) Consent granted by written notice given to a person may be varied or revoked by further written notice give to the person.
7 Directions to leave
7 Directions to leave
7 Directions to leave
(1) For the Act, section 89(1)(e), an authorised officer may direct a person to leave a controlled area or part of a controlled area if the authorised officer reasonably believes—
(a) the person has contravened this part, or
(b) the person has entered a controlled area without paying a fee or charge determined under section 15.
(2) A person must comply with a direction given to the person under subsection (1).
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
8 Entry
8 Entry
8 Entry
For the Act, section 89(1)(a)(iii), a person must not enter or remain in a controlled area.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
9 Animals
9 Animals
9 Animals
For the Act, section 89(1)(a), a person must not cause an animal to enter or remain in a controlled area.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
10 Driving and parking vehicles
10 Driving and parking vehicles
10 Driving and parking vehicles
For the Act, section 89(1)(a), person must not do the following in a controlled area—
(a) drive or ride a vehicle,
(b) be a passenger in a vehicle that another person drives or rides,
(c) park or leave a vehicle.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
11 Agriculture
11 Agriculture
11 Agriculture
(1) For the Act, section 89(1)(a), a person must not engage in agriculture in a controlled area.
Maximum penalty—
(a) for corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(2) In this section—
agriculture has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.
12 Causing damage
12 Causing damage
12 Causing damage
(1) For the Act, section 89(1)(a), a person must not do the following in a controlled area—
(a) damage, remove or otherwise interfere with a fixture, sign, structure, work or other property of the Corporation,
(b) damage or remove a plant,
(c) remove a rock, soil, sand or a similar substance.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(2) In this section—
plant means an aquatic or terrestrial plant and includes a shrub or tree.
13 Waste and pollution
13 Waste and pollution
13 Waste and pollution
(1) For the Act, section 89(1)(a)(i) and (ii), a person must not do the following—
(a) bring waste into, or leave waste in, a controlled area,
(b) pollute waters within a controlled area.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(2) A person does not commit an offence under this section for anything done in accordance with an environment protection licence.
(3) In this section—
environment protection licence has the same meaning as in the Protection of the Environment Operations Act 1997.
pollute, in relation to waters, has the same meaning as water pollution has in the Protection of the Environment Operations Act 1997.
waste has the same meaning as in the Protection of the Environment Operations Act 1997.
waters has the same meaning as in the Protection of the Environment Operations Act 1997.
14 Gates and barriers
14 Gates and barriers
14 Gates and barriers
(1) For the Act, section 89(1)(a)(iii), a person must not open, pass through, remove, interfere with, damage or obstruct a gate or barrier on or to a controlled area.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(2) In this section—
barrier includes an obstruction positioned or created by or for the Corporation to restrict or obstruct access to a road, path or similar thing.
15 Fees and charges
15 Fees and charges
15 Fees and charges
(1) For the Act, section 89(1)(f), the Corporation may determine the fees or charges payable for a person or vehicle to enter a controlled area or part of a controlled area.
(2) For the Act, section 89(1)(g), the Corporation may reduce or waive payment of a fee or charge payable under this section.
(3) For the Act, section 89(1)(d), an authorised officer may deny a person entry to a controlled area or part of a controlled area if the person does not pay the fee or charge determined under subsection (1).
Part 3 Authorisations for connections, alterations or use of works—the Act, ss 48A and 106
Part 3 Authorisations for connections, alterations or use of works—the Act, ss 48A and 106
Part 3 Authorisations for connections, alterations or use of works—the Act, ss 48A and 106
16 Granting authorisations
16 Granting authorisations
16 Granting authorisations
(1) The Corporation may grant an authorisation under the Act, section 48A(1) to a person or class of persons on application or on the Corporation’s own initiative.
(2) The Corporation must publish all authorisations granted to a class of persons on the Corporation’s website.
17 Applications for authorisations
17 Applications for authorisations
17 Applications for authorisations
(1) An application for an authorisation must be—
(a) made in the form approved by the Corporation, and
(b) lodged—
(i) by email to an email address specified by the Corporation for receiving applications, or
(ii) using an online system provided on the Corporation’s website, or
(iii) in another way specified by the Corporation.
(2) An applicant must pay the fee determined by the Corporation for the application.
18 Decisions about applications
18 Decisions about applications
18 Decisions about applications
(1) After receiving an application for an authorisation, the Corporation may, by written notice served on the applicant—
(a) grant the authorisation, or
(b) refuse to grant the authorisation.
(2) Without limiting subsection (1), the Corporation may refuse to grant an authorisation if—
(a) in the Corporation’s opinion, the applicant has previously—
(i) carried out the kind of work to which the Act, section 48A(1) applies in contravention of the Act, this regulation or a direction given under this regulation, or
(ii) otherwise contravened the Act, this regulation or a direction given under this regulation, or
(b) the application for the authorisation is incomplete.
19 Conditions of authorisations
19 Conditions of authorisations
19 Conditions of authorisations
(1) An authorisation is subject to the following conditions—
(a) work to which the authorisation applies must be done in accordance with the Plumbing Code of Australia,
(b) other conditions imposed by the Corporation.
(2) The Corporation may, by written notice to the holder of an authorisation, vary the conditions of the authorisation by—
(a) imposing a new condition, or
(b) substituting, removing or amending a condition, other than the condition set out in subsection (1)(a).
(3) The holder of an authorisation must not contravene a condition of the authorisation.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
20 Suspension or cancellation of authorisations
20 Suspension or cancellation of authorisations
20 Suspension or cancellation of authorisations
(1) The Corporation may, by written notice served on the holder of an authorisation, suspend or cancel the authorisation if—
(a) the Corporation is satisfied the authorisation was granted in error, or
(b) the Corporation is satisfied the holder of the authorisation—
(i) has failed to comply with a condition of the authorisation, or
(ii) has contravened the Act, this regulation or a direction given under this regulation, or
(c) the holder of the authorisation has applied, in the form approved by the Corporation, for the authorisation to be suspended or cancelled, or
(d) the owner of premises on which work authorised by the authorisation is being or will be done has applied, in the form approved by the Corporation, for the authorisation to be suspended or cancelled.
(2) The notice under subsection (1) must specify the following—
(a) the grounds for the suspension or cancellation,
(b) for a suspension—the period of the suspension,
(c) for a cancellation—the date or time from which the cancellation takes effect.
(3) The Corporation may suspend or cancel an authorisation unconditionally or subject to conditions.
(4) The conditions may include, but are not limited to, conditions to which the authorisation was subject immediately before it was suspended or cancelled.
(5) The Corporation may, by written notice served on a person whose authorisation is suspended or cancelled—
(a) impose new conditions on the suspension or cancellation, or
(b) substitute, remove or amend a condition of the suspension or cancellation.
(6) A person whose authorisation is suspended or cancelled must not contravene a condition of the suspension or cancellation.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
(7) In this section—
owner includes a duly authorised agent of the owner.
21 Directions by Corporation to use approved fittings
21 Directions by Corporation to use approved fittings
21 Directions by Corporation to use approved fittings
(1) The Corporation may give a direction that a person must use approved fittings for the kind of work to which the Act, section 48A(1) applies.
(2) A direction given under this section must be published on the Corporation’s website.
(3) A person must comply with a direction given under this section.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
22 Directions by Corporation for non-standard work
22 Directions by Corporation for non-standard work
22 Directions by Corporation for non-standard work
(1) The Corporation may, by written notice served on a person who is carrying out or has completed the kind of work to which the Act, section 48A(1) applies, direct the person to do one or both of the following—
(a) repair the work, in the way specified by the Corporation, if the work is not being or has not been done—
(i) to a standard expected of a tradesperson, or
(ii) in accordance with the Plumbing Code of Australia, or
(iii) in accordance with a condition of an authorisation that applies to the work,
(b) repair a fitting used in the work, in the way specified by the Corporation, if the fitting is—
(i) defective, or
(ii) not an approved fitting.
(2) A direction must be given no later than 6 years after the work to which the direction relates is completed.
(3) A person must comply with a direction given to the person under this section.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) otherwise—100 penalty units.
Part 4 Work for water supply, sewerage or stormwater drainage—the Act, ss 99 and 106
Part 4 Work for water supply, sewerage or stormwater drainage—the Act, ss 99 and 106
Part 4 Work for water supply, sewerage or stormwater drainage—the Act, ss 99 and 106
23 Definition
23 De
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