Water and Sewerage Act 2000

The Act operates around several key technical and legal concepts. A certifier is a person who holds a licence as a plumbing plan certifier (dictionary). The owner of premises must ordinarily appoint a certifier for proposed sanitary plumbing, water supply plumbing, or sanitary drainage work (s 5(1)). A plan approval is an approval issued by a certifier under section 8, which must be marked on each page of the plan (or indicated on each page with a cross-reference to a separate document if impracticable due to plan size) (s 8(3)-(4)). The certifier must also initial and mark their licence number on each page (s 8(3)(b)). A licensee means a person licensed under the Construction Occupations (Licensing) Act 2004 to provide the relevant service (dictionary). The Act distinguishes between several types of work: water supply plumbing work includes installation, replacement, augmentation, maintenance, repair, or alteration of a water service or hot-water system, and also includes fire sprinkler work, but excludes minor tasks like removing a washer unless it involves damage to part of a water service or system (dictionary). Sanitary plumbing work is defined similarly for sanitary plumbing (pipes, fittings, fixtures not in the ground used for collecting sewage to a sanitary drain), with exclusions for inspecting or clearing blockages unless done for reward or involving damage (dictionary). Sanitary drainage work covers sanitary drains (pipes in or on the ground connected to a sewerage network or septic system) with parallel exclusions (dictionary). Fire sprinkler work is separately defined as work on a fire sprinkler service (the pipework from sprinklers to the backflow prevention device) (dictionary). The Act also defines grey water, irrigation system, hot-water system, water appliance, and stormwater (dictionary). The plumbing code is defined in section 44C as the Plumbing Code of Australia prepared by the Australian Building Codes Board, as amended from time to time by the Board and the Australian Capital Territory Appendix to the Plumbing Code of Australia, plus any document prescribed by regulation. The Minister may make the ACT Appendix as a disallowable instrument (s 44C(3)-(4)). A responsible utility is a utility licensed to provide sewerage or water services using the respective network (dictionary). The construction occupations registrar is the official who appoints inspectors, receives notifications, issues directions, and can delegate functions to inspectors or public servants (s 26). The concept of connected with an offence is defined for Part 4 Enforcement, meaning the thing has been the subject of an offence, will provide evidence, or was used or intended to be used to commit the offence (s 18). These concepts together form the regulatory architecture that governs who may do what work, under what approvals, and how compliance is enforced.

The Act directly affects several categories of persons and entities. Owners of premises where any plumbing or sanitary drainage work is proposed bear the primary obligation to appoint a certifier (s 5(1)), unless they fall within one of the exemptions in section 5(2) (single residential building, small-diameter pipes, basic maintenance, or low-cost work). Owners are also subject to directions from the construction occupations registrar to rectify defective work (s 22), and if they fail to comply, the registrar may arrange the work and recover the expenses as a debt due to the Territory (s 22(5)-(6)). Licensees (persons licensed under the Construction Occupations (Licensing) Act 2004 to provide plumbing, drainage, or fire sprinkler services) are the central regulated operators. They must give written notice to the construction occupations registrar at least two business days before starting certain work (ss 11, 15, 16), and they must comply with directions about how the service is to be provided (s 15(2)). Licensees who install toilets, showers, taps inside buildings, or sinks must comply with prescribed requirements (ss 17, 17A). The licensed plumber actually doing the work (or employing another plumber under their supervision) must sign the notice (s 15(4)). Certifiers, who hold a plumbing plan certifier licence, are responsible for examining plans, issuing approvals only after utility approvals and other requirements are met (s 8), and for marking and distributing approvals. Their appointments end if they cease to be entitled to be appointed (s 5(3)). The construction occupations registrar is the key administrative official, empowered to require information and documents (s 20), direct rectification (s 22), appoint inspectors (s 23), and delegate functions (s 26). Inspectors appointed by the registrar exercise entry, inspection, and seizure powers (ss 27-38). The Act also implicates responsible utilities (licensed water or sewerage service providers), who must approve certain matters such as disposal of non-domestic waste, increases in demand, changes to connection points, new fire services, stormwater discharge, and connections of pumping appliances (s 8(1)). The chief health officer must approve disposal of radioactive materials into the sewerage network (s 8(1)(b)), and must be notified where work would result in discharge of sewage to somewhere other than the sewerage network (s 8(5)(b)). The director-general of the administrative unit responsible for environmental matters also receives such notice (s 8(5)(b)). Occupiers of premises, defined to include persons reasonably believed to be the occupier or in charge (s 18), may be asked for consent to entry (s 29) and must provide reasonable help (s 32). Finally, any person whose interests are affected by a reviewable decision may apply to the ACAT for review (s 44B).

The Act imposes a range of duties and confers corresponding rights. Owners must appoint a certifier for proposed work unless exempt (s 5(1)). They may apply to a certifier for plan approval (s 7) and for approval of an amendment (s 9). The certifier has duties to refuse or approve amendments based on whether reconsideration is required (s 9(2)), and must keep all amendment documents for 12 months (s 9(4)). Certifiers must issue a plan approval only if the application complies with the Act, the plan meets prescribed requirements, required utility and health approvals have been obtained, and the proposed work complies with the plumbing code (s 8(2)). Once issued, the certifier must mark the approval on each page, initial and mark their licence number (s 8(3)), and give copies to the applicant and to the construction occupations registrar within seven days (s 8(5)(a)). If the work would cause discharge of sewage elsewhere than the sewerage network, the certifier must notify the chief health officer and the relevant director-general (s 8(5)(b)). If a certifier’s appointment ends, the certifier must notify the registrar in writing within seven days (s 10; maximum penalty 1 penalty unit). A provision in a contract that purports to limit or modify the Act’s operation in relation to a certifier is void (s 6).

Licensees must give the registrar written notice of intention to provide a water supply plumbing service at least two days before starting (s 15(1)(a)) and, if plan approval is required under regulation, obtain that approval (s 15(1)(b)). They must not contravene any direction from the registrar about how the service is to be provided (s 15(2)). For sanitary plumbing or drainage work, licensees must similarly give two days’ notice, or if the work is minor (including maintenance costing not more than $1,000 excluding sanitary fixtures), file a minor works notice within seven days after completion (s 16(1)). A minor works notice certifies completion in accordance with regulations (s 16(8)). Licensees must not sign a notice for work not actually done by them or under their supervision (s 15(5)). They also must not do work under an unsigned notice (s 15(5)). For fire sprinkler work, two business days’ written notice is required (s 11).

The Act gives the construction occupations registrar power to require information or documents from a person capable of providing them, by written notice stating the place and time (s 20). A person must not, without reasonable excuse, contravene such a requirement (s 21; maximum penalty 50 penalty units, imprisonment for 6 months, or both). The registrar may also direct an owner to rectify work that is necessary to ensure compliance, to protect health, safety, property, or the environment (s 22).

A significant right is the protection against self-incrimination under section 39. A person required to provide information, produce a document, or answer questions under Part 4 is not excused on grounds of self-incrimination (s 39(1)). However, the information or document, and anything obtained as a direct or indirect consequence, is not admissible in criminal proceedings against that person (s 39(2)), except in proceedings for an offence under Part 4 or an offence concerning the falsity of the information or document (s 39(3)). This preserves the compulsion power while providing use immunity.

Persons whose interests are affected by a reviewable decision may apply to the ACAT for review (s 44B). The decision-maker must give a reviewable decision notice to each entity prescribed by regulation and take reasonable steps to notify other affected persons (s 44A).

The Act establishes a graded penalty regime for offences. Penalty amounts are stated in penalty units; at the republication date, one penalty unit is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). Key offences and their maximum penalties include: failure by a certifier to notify cessation of appointment within seven days (s 10) - 1 penalty unit; failure by a licensee to give notice for fire sprinkler work (s 11) - 20 penalty units; failure to give notice for water supply plumbing work or to obtain plan approval (s 15(1)) - 20 penalty units; contravening a registrar’s direction about how a service is to be provided (s 15(2)) - 20 penalty units; installing a thing not certified under the plumbing code (s 15(3)) - 20 penalty units; signing a notice falsely or doing work under an unsigned notice (s 15(5)) - 50 penalty units; failure to give notice for sanitary plumbing or drainage work (s 16(1)) - 20 penalty units; installing a toilet that does not comply with prescribed requirements (s 17(1)) - 10 penalty units; contravening prescribed requirements for shower, tap, or sink work (s 17A(1)) - 10 penalty units; contravening a requirement by the construction occupations registrar for information or documents (s 21) - 50 penalty units, imprisonment for 6 months, or both; contravening an inspector’s requirement for reasonable help or to answer questions (s 32(2)) - 50 penalty units; contravening an inspector’s direction to take action (s 32(7)) - 50 penalty units; failing to provide name and address to an inspector (s 33(4)) - 5 penalty units; interfering with a thing to which access has been restricted (s 34(5)) - 50 penalty units, imprisonment for 6 months, or both. Several offences are strict liability: water supply plumbing work notice offences (s 15(6)), sanitary plumbing/drainage notice offences (s 16(2)), toilet installation offences (s 17(2)), and water supply/sanitary plumbing work contraventions (s 17A(2)). Regulation-making power allows prescribing offences with maximum penalties of not more than 10 penalty units (s 49(3)).

Enforcement is vested primarily in the construction occupations registrar and inspectors. The registrar may require information and documents (s 20), and may direct rectification of defective work (s 22). If the owner fails to comply, the registrar may arrange the work and recover the expenses as a debt due to the Territory (s 22(5)-(6)). Inspectors have powers to enter premises with consent, under warrant, or (for premises connected to a water or sewerage network, excluding residential parts) at reasonable time without consent (s 27). They may inspect, measure, photograph, take copies, require help, and require answers (s 32(1)). They may open up premises or excavate land, doing as little damage as reasonably practicable (s 32(3)). If they find non-compliant or defective work, they may give written directions to the owner or the person who did the work (s 32(4)). If no defect is found, the inspector must arrange prompt restoration, with costs met by the Territory (s 32(8)-(9)). Inspectors may also require name and address (s 33) and seize evidence linked to an offence (s 34). Seized things must be returned, or compensation paid, if no prosecution within 90 days or if the offence is not proved; forfeiture can be ordered by a court (s 37). The Act also provides for warrants issued by a magistrate, including oral applications by phone or radio in urgent circumstances (ss 30-31).

The Water and Sewerage Act 2000 does not operate in isolation; it is part of a broader legislative framework in the ACT. Most directly, the Construction Occupations (Licensing) Act 2004 governs who may hold licences to provide plumbing, sanitary drainage, and fire sprinkler services. The term licensee in the Water and Sewerage Act refers to a person licensed under that Act (dictionary). The notes to sections 11, 15, and 16 explicitly reference that under the Construction Occupations (Licensing) Act 2004, unlicensed people must not provide certain services. The Water and Sewerage Act therefore relies on the licensing regime to identify who is authorised to do the work, and then imposes additional notification, approval, and compliance duties on those licensees.

The Utilities Act 2000 is referenced for definitions of sewerage network (s 14) and water network (s 12), which are incorporated by signpost definitions in the dictionary. The responsible utility is a utility licensed under that Act to provide services using those networks. The approval requirements in section 8(1) for plan approval require utility approval for matters such as non-domestic waste disposal, increased demand, connection changes, and fire services, thus directly linking the Water and Sewerage Act to utility regulation.

The Public Health Regulation 2000 is noted in section 17 as containing additional requirements for toilet installation. The Act also requires notification to the chief health officer and the director-general responsible for environmental matters in certain circumstances (s 8(5)(b)), indicating interaction with public health and environmental protection legislation.

The Plumbing Code of Australia is incorporated by reference in section 44C, including the ACT Appendix which is a disallowable instrument. The Act allows regulations to apply, adopt, or incorporate Australian Standards and other instruments as in force from time to time (s 46). This means technical standards can change without amending the primary Act, provided they are made accessible for inspection (s 46(3)-(4)).

The Legislation Act 2001 applies generally: it governs the making of appointments (div 19.3), the effect of notes (s 127), the value of penalty units (s 133), application of definitions (ss 155-156), service of documents (pt 19.5), and the power to make delegations (pt 19.4). The self-incrimination provision in section 39 must be read with the Legislation Act, section 171 regarding client legal privilege (see note 2 to s 39). The ACT Civil and Administrative Tribunal Act 2008 provides the mechanism for review of decisions under Part 5 (ss 44A-44B). The Planning Act 2023 is referenced for the definition of land sublease in the dictionary.

The Act thus interacts with at least six other ACT statutes and with national technical codes.

The Water and Sewerage Act 2000 (A2000-68) was originally notified on 20 December 2000, with most provisions commencing on 1 January 2001. Since then, it has been amended by over 30 amending laws. Key structural amendments include the Construction Occupations Legislation Amendment Act 2004 (A2004-13), which substantially rewrote Parts 2 and 3 by removing outdated licensing provisions (ss 12-14 on licensing of plumbers) and inserting new definitions, offences, and plan approval provisions. That Act also introduced new dictionary definitions for backflow prevention device, fire sprinkler service, grey water, hot-water system, irrigation, irrigation system, licence, licence number, licensee, sanitary drain, sanitary drainage work, sanitary plumbing, sanitary plumbing work, sewage, stormwater, water appliance, water network, water service, and water supply plumbing work. The Water and Sewerage Amendment Act 2004 (A2004-67) inserted section 17A on water supply and sanitary plumbing work. The Construction and Energy Efficiency Legislation Amendment Act 2013 (A2013-31) inserted a new Part 6 on the plumbing code, including sections 44C-44G, replacing earlier transitional definitions. It also omitted former section 45A (meaning of plumbing code) and restructured Part 7 (Miscellaneous). The ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (A2008-37) replaced former Part 5 (which had dealt with review of decisions) with the current framework of reviewable decisions, sections 44-44B. The Building and Construction Legislation Amendment Act 2025 (A2025-5) inserted the current section 46 on applying, adopting or incorporating documents in regulations, and made other amendments to the regulation-making power. The most recent amendments are from the Statute Law Amendment Act 2025 (A2025-29), effective 26 November 2025, which made minor amendments to sections 9A, 44A, 44B, 44C, 45, 46, 49, and the dictionary. The republication includes amendments made under the Legislation Act 2001, part 11.3 (editorial changes). Notably, the earlier Part 6 (transitional) expired on 1 January 2002 (s 55). The endnote lists 29 republications, reflecting the Act’s frequent updating.

The Act itself does not contain any internal references to specific court cases or litigation outcomes. The enforcement provisions in Part 4 (ss 18-39) provide the framework within which legal proceedings may be brought for offences. The Act contemplates that seized things may be used in evidence in court (s 29(1)(b)(ii)), that warrants may be issued by magistrates (s 30), and that courts may order forfeiture of seized things (s 37). The ACAT has jurisdiction to review reviewable decisions under Part 5 (s 44B). The self-incrimination provision (s 39) has been the subject of careful drafting to ensure compulsion power while protecting against admissibility in criminal proceedings, except for proceedings under Part 4 or for falsity - an area that could generate interpretive litigation. However, the republication text provides no information about actual court decisions interpreting the Act. A practitioner would need to search ACT caselaw databases for decisions applying sections such as 15, 16, 21, 22, 32, or the strict liability provisions. The absence of cited cases in the Act itself is typical; the Act provides the legal architecture for enforcement and review, but the litigation record exists externally. The dictionary defines reviewable decision as a decision prescribed by regulation (s 44), so the specific decisions subject to ACAT review are set out in subordinate legislation, not in the principal Act. The ACAT’s caseload may therefore turn on regulation-defined decisions.

Several provisions in the Act present traps for the unwary. The strict liability offences for failing to give notice (ss 15(6), 16(2), 17(2), 17A(2)) mean no proof of fault is required; the prosecution need only prove the physical elements. A licensee cannot argue they were unaware of the notice requirement. The prohibition against contracting out (s 6) renders void any contractual provision purporting to limit or modify the Act’s operation in relation to a certifier. This is absolute , even a contract willingly entered into between owner and certifier cannot override the statutory duties.

The notice periods are short but rigid. For water supply, sanitary plumbing, and sanitary drainage work, notice must be given at least two days before starting (ss 15(1)(a), 16(1)(a)). For fire sprinkler work, it is two business days before (s 11). A licensee who starts work one day early commits an offence. The notice must be signed by the licensed plumber actually doing the work or employing another plumber under their supervision (s 15(4)). A licensee who signs a notice for work not done by them or under their supervision faces a higher penalty of 50 penalty units (s 15(5)). Doing work under an unsigned notice is also an offence (s 15(5)). For sanitary plumbing or drainage, the alternative of a minor works notice requires certification that the work was completed in accordance with regulations (s 16(8)), and the notice must be given within seven days after completion (s 16(1)(b)-(c)). The threshold for minor work is $1,000 consideration excluding sanitary fixtures (s 16(6)-(7)). A licensee who mistakenly classifies work as minor when it exceeds the threshold may be in breach.

The plan approval requirements for sanitary plumbing or drainage work under section 16(3) are strict: for work other than a single residential building, a plan approval under section 8 must accompany the notice. For a single residential building, a site plan drawn in accordance with AS 1100 to a scale of not less than 1:200 is required (s 16(3)-(4)). Using the wrong standard or scale could invalidate the notice.

The self-incrimination protection in section 39 has critical limits. While information provided is generally not admissible in criminal proceedings against the person, it is admissible in proceedings for an offence under Part 4 of the Act, or for any other offence concerning the falsity of the information or document (s 39(3)). This means that if a person gives false information in response to a requirement, that false statement can be used to prosecute them for an offence under Part 4 or for a false statement offence. The immunity does not extend to those proceedings.

Entry powers under section 27 are broad. An inspector may enter premises connected to a water or sewerage network at any reasonable time without consent, but cannot enter a part used for residential purposes without consent or warrant (s 27(1)(b)). The inspector may open up premises or excavate land, doing as little damage as reasonably practicable, but if no defect is found, the Territory must pay for restoration (s 32(8)-(9)). An owner whose premises are opened up for a fruitless inspection is entitled to have the premises restored at public expense.

The definition of owner is expansive: it includes occupier, lessee, tenant, holder, and (for land under a sublease) the sublessee (dictionary). This means directions under section 22 or other obligations may fall on a tenant or sublessee, not just the fee simple owner.

Compliance with the Water and Sewerage Act 2000 requires careful attention to the sequence of approvals, notifications, and documentation. For any proposed plumbing or sanitary drainage work that is not exempt, the first step is for the owner to appoint a certifier holding a plumbing plan certifier licence (s 5). Exemptions include single residential buildings, small-diameter pipes under 50mm, basic maintenance, and work costing $1,000 or less (or a higher prescribed amount) (s 5(2)). Even if exempt, licensees must still comply with notification duties.

Before starting work, the licensee (or the owner if the owner is procuring the work) must ensure that any required plan approval has been obtained. The certifier must not issue approval unless the responsible utility has approved relevant matters under section 8(1), and where applicable the chief health officer has approved radioactive material disposal. The plan must comply with the plumbing code (s 8(2)(e)). Once obtained, the certifier marks the approval on each page and gives copies to the applicant and the construction occupations registrar within seven days (s 8(5)).

The licensee must give written notice to the construction occupations registrar at least two days before starting water supply plumbing, sanitary plumbing, or sanitary drainage work (ss 15(1)(a), 16(1)(a)). For fire sprinkler work, at least two business days’ notice is required (s 11). The notice must be signed by the licensed plumber actually doing the work (or employing another plumber under supervision) (s 15(4)). For a single residential building, the notice must be accompanied by a site plan drawn to AS 1100 at scale 1:200 (s 16(3)-(4)). For all other work, a plan approval must accompany the notice (s 16(3)(b)). For minor sanitary plumbing or minor drainage work, the licensee may instead file a minor works notice within seven days after completion (s 16(1)(b)-(c)). Minor work is limited to maintenance or repair with consideration not exceeding $1,000 (excluding cost of sanitary fixtures) (s 16(6)-(7)). The minor works notice must certify completion in accordance with regulations (s 16(8)).

During the course of the work, the licensee must comply with any direction from the construction occupations registrar about how the service is to be provided (s 15(2)). All work must comply with the plumbing code (s 8(2)(e)). For toilets, showers, taps inside buildings, and sinks, prescribed requirements must be met (ss 17, 17A). If the work involves installation of a thing to which the plumbing code applies, the thing must be certified under the plumbing code procedure (s 15(3)).

If an inspector finds non-compliant or defective work, they may give a written direction to take stated action, including providing written reports or certifications (s 32(4)). The recipient must arrange and pay for the action to be done by a licensed or qualified person if they are not themselves licensed or qualified (s 32(5)-(6)). Failure to comply is an offence with a maximum penalty of 50 penalty units (s 32(7)). If the owner fails to comply with a rectification direction from the registrar under section 22, the registrar may do the work and recover the costs as a debt (s 22(5)-(6)).

Certifiers must keep all documents relating to an approved plan amendment for 12 months (s 9(4)). If a certifier’s appointment ends, they must notify the registrar in writing within seven days (s 10). All notices to the registrar should be in writing and signed as required. Records of approvals, notices, and any correspondence with the registrar should be retained as evidence of compliance. Practitioners should monitor the ACT legislation register for changes to the plumbing code and for any new regulations prescribing reviewable decisions or additional requirements.