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Australian Capital Territory
Water and Sewerage Act 2000
A2000-68
Republication No 29
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025-29
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About this republication
The republished law
This is a republication of the Water and Sewerage Act 2000 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Water and Sewerage Act 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Application of Act to certain installations 2
Part 2 Plan approvals
Division 2.1 Certifiers
5 Appointment of certifiers 3
6 Prohibition against contracting out 4
Division 2.2 Issue of plan approvals
7 Application for plan approval 4
8 Issue of plan approvals 4
9 Amendment of approved plans 6
Contents
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9A Marking approval of amendment 7
10 Notification of cessation of appointment of certifier 8
Part 3 Offences
11 Notice of fire sprinkler work by licensee 9
15 Notice of water supply plumbing work by licensee 9
16 Notice of sanitary plumbing or drainage work by licensee 10
17 Installation of toilets 13
17A Water supply and sanitary plumbing work 13
Part 4 Enforcement
Division 4.1 General
18 Definitions—pt 4 14
20 Construction occupations registrar may require information and
documents 14
21 Contravention of requirement by construction occupations registrar 15
22 Construction occupations registrar may require rectification of
defective work 16
Division 4.2 Inspectors
23 Appointment of inspectors 17
24 Identity cards 18
25 Construction occupations registrar’s powers 18
26 Delegation—construction occupations registrar 18
27 Power to enter premises 18
28 Production of identity card 19
29 Consent to entry 19
30 Warrants 20
31 Warrants—application made other than in person 21
Division 4.3 Powers of inspectors on entry to premises
32 Powers on entry to premises 22
33 Power to require name and address 25
34 Power to seize evidence 25
35 Receipt for things seized 26
36 Access to things seized 27
37 Return of things seized 27
Contents
Page
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38 Power to inspect plumbing or sanitary drainage work 27
Division 4.4 Miscellaneous
39 Self-incrimination etc 28
Part 5 Notification and review of decisions
44 Meaning of reviewable decision—pt 5 30
44A Reviewable decision notices 30
44B Applications for review 30
Part 6 Plumbing code
44C Plumbing code 31
44D Regulation under s 44C (1), def plumbing code and Legislation Act,
s 47 32
44G Certified copies of plumbing code 32
Part 7 Miscellaneous
45 Determination of fees 33
46 Applying, adopting or incorporating documents in regulations 33
49 Regulation-making power 34
Dictionary 35
Endnotes
1 About the endnotes 42
2 Abbreviation key 42
3 Legislation history 43
4 Amendment history 47
5 Earlier republications 53
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Australian Capital Territory
Water and Sewerage Act 2000
An Act to make provision in relation to the supply of plumbing or sanitary
drainage services
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Water and Sewerage Act 2000.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act or in other legislation.
For example, the signpost definition ‘sewerage network—see the
Utilities Act 2000, section 14.’ means the term ‘sewerage network’ is
defined in the dictionary to the Act and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4 Application of Act to certain installations
(1) To remove any doubt, this Act applies, as far as possible, to the
installation of the following:
(a) a chemical toilet;
(b) a flushing toilet that will, or is intended to, discharge into a
septic system;
(c) a connection to a septic system.
(2) This section does not limit the application of this Act.
Plan approvals Part 2
Certifiers Division 2.1
Section 5
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Part 2 Plan approvals
Division 2.1 Certifiers
5 Appointment of certifiers
(1) The owner of premises where it is proposed to do sanitary plumbing
work, water supply plumbing work or sanitary drainage work must
appoint a certifier in relation to the work.
Note For the making of appointments, see the Legislation Act, div 19.3.
(2) Subsection (1) does not apply if—
(a) the structure in relation to which the work is to be done is a
single residential building; or
(b) the work is on a pipe connected to a property service less than
50mm in diameter; or
(c) the work consists of replacing taps or toilets or other basic
maintenance; or
(d) the cost of the work is not more than $1 000 or a higher
prescribed amount.
(3) A certifier’s appointment ends if the certifier ceases to be entitled to
be appointed as a certifier in relation to the relevant work.
Note 1 A person’s power to make an appointment includes the power to end the
appointment (see Legislation Act, s 208).
Note 2 A person’s appointment also ends if the person resigns (see Legislation
Act, s 210).
(4) The Legislation Act, section 209 (Power of appointment includes
power to make acting appointment) does not apply to the appointment
of a certifier under this section.
Part 2 Plan approvals
Division 2.2 Issue of plan approvals
Section 6
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6 Prohibition against contracting out
A provision in a contract or agreement that purports to limit or modify
the operation of this Act in relation to a certifier has no effect.
Division 2.2 Issue of plan approvals
7 Application for plan approval
The owner of premises may apply to a certifier for approval of a plan
in relation to sanitary drainage work, sanitary plumbing work or water
supply plumbing work.
8 Issue of plan approvals
(1) A certifier must not approve a plan in relation to sanitary drainage
work, sanitary plumbing work, or water supply plumbing work unless
the following approvals have been obtained for the result of the work:
(a) approval from the responsible utility—
(i) if non-domestic waste is to be disposed of—for the
disposal of the waste to the sewerage network and the
manner of disposal; or
(ii) if an increase in water demand or sewer load is expected—
for the increase; or
(iii) if a point of connection to the sewerage network or the
water network is to be changed or removed—for the
change or removal; or
(iv) if a new point of connection to the sewerage network or the
water network is required—for the point; or
(v) if a new fire service is proposed—for the proposal; or
(vi) if surface water or stormwater is to be discharged to the
sewerage network—for the discharge and manner of
discharge; or
Plan approvals Part 2
Issue of plan approvals Division 2.2
Section 8
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(vii) if a water pumping appliance or sewage pumping appliance
is to be connected to the water network or the sewerage
network—for the connection and manner of connection;
(b) if radioactive materials are to be disposed of into the sewerage
network—approval from the responsible utility and the chief
health officer for the disposal and manner of disposal.
(2) A certifier must not issue a plan approval unless—
(a) the application is in accordance with section 7 (Application for
plan approval); and
(b) the plan that accompanies the application complies with any
requirements prescribed by regulation; and
(c) the applicant has obtained the approvals mentioned in
subsection (1); and
(d) the requirements of this Act have otherwise been complied with;
and
(e) the proposed plumbing or sanitary drainage work complies with
the plumbing code.
(3) If the certifier issues a plan approval—
(a) the approval must be marked on, attached to or partly marked on
and partly attached to, each page of the plan it relates to; and
(b) the certifier must initial and mark the certifier’s licence number
on each page of the plan.
(4) However, if, because of the size of the plans, it is impractical to mark
the plumbing plan approval on each page of the plans, instead of
marking the approval under subsection (3) (a), the certifier may mark
each page of the plans with an indication that the approval, or part of
the approval, is in a separate document instead.
Part 2 Plan approvals
Division 2.2 Issue of plan approvals
Section 9
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(5) A certifier who issues a plan approval must—
(a) give a copy of the approval and the relevant plans—
(i) as soon as practicable, to the applicant; and
(ii) within 7 days after the day the plans are approved, to the
construction occupations registrar; and
(b) if the consequence of work in accordance with the plan would
be the discharge of raw or treated sewage, or a by-product of
sewage, to somewhere other than the sewerage network—give
notice as prescribed by regulation to the chief health officer and
the director-general, of the administrative unit responsible for
environmental matters.
9 Amendment of approved plans
(1) The owner of premises to which a plan approved by a certifier relates
may apply to a certifier for approval of an amendment of the plan.
(2) The certifier—
(a) must refuse the application if satisfied that the proposed
amendment requires reconsideration of the plan approval; or
(b) may approve the amendment and amend the plan accordingly
if—
(i) satisfied that reconsideration of the plan approval is not
required; and
(ii) the requirements of section 8 (2), other than paragraph (a),
have been complied with in relation to the amendment.
(3) A regulation may prescribe when the proposed amendment of a plan
does, or does not, require reconsideration of the plan approval.
(4) A certifier who approves an amendment must keep all documents
relating to the amendment for 12 months.
Plan approvals Part 2
Issue of plan approvals Division 2.2
Section 9A
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(5) In this section, a reference to a plan approval includes a reference to
an approval that has been amended in accordance with this section.
9A Marking approval of amendment
(1) If a certifier approves a plan as amended under section 9—
(a) the amended plan approval must be marked on, attached to or
partly marked on and partly attached to, each page of the plan it
relates to; and
(b) the certifier must initial and mark the certifier’s licence number
on each page of the plan.
(2) However, if, because of the size of the plans, it is impractical to mark
the amended plumbing plan approval on each page of the plan, instead
of marking the amended plan approval under subsection (1) (a), the
certifier may mark each page of the plan with an indication that the
approval, or part of the approval, is in a separate document instead.
(3) The certifier must—
(a) give a copy of the amended approval and the amended plan as
soon as practicable to the person who applied for the approval;
and
(b) within 7 days after the issue give to the construction occupations
registrar—
(i) a copy of the amended approval; and
(ii) a copy of the amended plan.
Part 2 Plan approvals
Division 2.2 Issue of plan approvals
Section 10
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10 Notification of cessation of appointment of certifier
A certifier who has received an application for a plan approval under
section 7 (Application for plan approval) must, if the certifier’s
appointment in relation to the work ends, within 7 days after the
appointment ends, notify the construction occupations registrar, in
writing.
Maximum penalty: 1 penalty unit.
Offences Part 3
Section 11
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Part 3 Offences
11 Notice of fire sprinkler work by licensee
Note Under the Construction Occupations (Licensing) Act 2004, unlicensed
people must not provide certain services.
A licensee commits an offence if the licensee installs or fits a
sprinkler system or any part of a fire sprinkler service without giving
the construction occupations registrar written notice of the licensee’s
intention to provide the service at least 2 business days before the day
the licensee intends to start to provide the service.
Maximum penalty: 20 penalty units.
15 Notice of water supply plumbing work by licensee
Note Under the Construction Occupations (Licensing) Act 2004, unlicensed
people must not provide certain services.
(1) A licensee commits an offence if the licensee provides a water supply
plumbing service without—
(a) giving the construction occupations registrar written notice of
the licensee’s intention to provide the service at least 2 days
before the day the licensee intends to start to provide the service;
and
(b) if approval is required for a plan under a regulation—getting the
approval.
Maximum penalty: 20 penalty units.
(2) A licensee commits an offence if, while providing a water supply
plumbing service, the licensee contravenes any direction given by the
construction occupations registrar about how the service is to be
provided.
Maximum penalty: 20 penalty units.
Part 3 Offences
Section 16
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(3) A licensee commits an offence if—
(a) the licensee does water supply plumbing work that includes the
installation of a thing to which the plumbing code applies; and
(b) the thing is not certified under the plumbing code procedure.
Maximum penalty: 20 penalty units.
(4) A notice under subsection (1) must be signed by—
(a) the licensed plumber actually engaged in doing the work
referred to in the notice; or
(b) the licensed plumber employing another plumber to do the work
under the licensed plumber’s supervision.
(5) A licensed plumber must not—
(a) sign a notice for work that is not actually done by the plumber
or by a plumber under the licensed plumber’s supervision; or
(b) do work under a notice not signed by the licensed plumber.
Maximum penalty: 50 penalty units.
(6) An offence against this section is a strict liability offence.
16 Notice of sanitary plumbing or drainage work by licensee
Note Under the Construction Occupations (Licensing) Act 2004, unlicensed
people must not provide certain services.
(1) A licensee commits an offence if the licensee provides a sanitary
plumbing service or a sanitary drainage service without—
(a) giving the construction occupations registrar written notice of
the licensee’s intention to provide the service at least 2 days
before the day the licensee intends to start to provide the service;
or
Offences Part 3
Section 16
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(b) if the service is minor sanitary plumbing work—giving the
registrar a minor works notice within 7 days after the day the
licensee completes the work; or
(c) if the service is minor drainage work—giving the registrar a
minor works notice within 7 days after the day the licensee
completes the work.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) A notice under subsection (1) must, except in the case of a minor
works notice—
(a) for work relating to a single residential building—be
accompanied by a site plan; or
(b) in any other case—be accompanied by a plan approval under
section 8 (Issue of plan approvals).
(4) A site plan must be drawn in accordance with AS 1100 on a scale of
not less than 1:200.
(5) Subsection (1) does not apply to—
(a) a person who holds a journeyperson plumbers licence who
performs minor sanitary plumbing work if the work is
performed under the general supervision of a person who—
(i) holds a sanitary plumber’s licence and who has given
notice under subsection (1) (a); or
(ii) submits a minor works notice within 7 days after
completing the work; and
(b) a person who holds an operative drainer’s licence who performs
minor drainage work if the work is performed under the general
supervision of a person who—
(i) holds an advanced sanitary drainer’s licence and who has
given notice under subsection (1) (a); or
Part 3 Offences
Section 16
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(ii) submits a minor works notice within 7 days after
completing the work.
(6) For this section, work is minor sanitary plumbing work if—
(a) the work is sanitary plumbing work that is limited to
maintenance of existing work; and
(b) the holder of a sanitary plumber’s licence has entered into a
contract with a person to perform the work; and
(c) the consideration to be given for performance of the work,
excluding the cost of sanitary fixtures supplied for the work, is
not greater than $1 000 in value.
(7) For this section, work is minor drainage work if—
(a) the work is the replacement or repair of any drain; and
(b) the holder of an advanced sanitary drainer’s licence has entered
into a contract with a person to perform the work; and
(c) the consideration to be given for performance of the work,
excluding the cost of sanitary fixtures supplied for the work, is
not greater than $1 000 in value.
(8) In this section:
AS 1100 means AS 1100 (Technical drawing), as in force from time
to time.
Note AS 1100 may be purchased at www.standards.org.au.
minor works notice means a notice that certifies that the work was
completed in accordance with the regulations.
Offences Part 3
Section 17
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17 Installation of toilets
Note The Public Health Regulation 2000, div 6.3 also contains requirements
for toilet installation.
(1) A licensee commits an offence if—
(a) the licensee installs a toilet; and
(b) the toilet does not comply with the requirements prescribed by
regulation.
Maximum penalty: 10 penalty units.
(2) An offence under subsection (1) is a strict liability offence.
(3) To remove any doubt, in this section:
toilet—
(a) means the bowl or cistern; and
(b) includes a urinal.
17A Water supply and sanitary plumbing work
(1) A licensee commits an offence if—
(a) the licensee does water supply plumbing work or sanitary
plumbing work in relation to—
(i) a shower; or
(ii) a tap inside a building; or
(iii) a sink; and
(b) the work contravenes a requirement prescribed by regulation.
Maximum penalty: 10 penalty units.
(2) An offence under subsection (1) is a strict liability offence.
Part 4 Enforcement
Division 4.1 General
Section 18
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Part 4 Enforcement
Division 4.1 General
18 Definitions—pt 4
In this part:
connected—a thing is connected with an offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence; or
(c) it was used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
(a) a person reasonably believed to be an occupier of the premises;
and
(b) a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds for
believing is being, has been or will be committed.
reasonably believes means has reasonable grounds for believing.
20 Construction occupations registrar may require
information and documents
(1) If the construction occupations registrar is satisfied that a person is
capable of providing information or producing a document that the
registrar reasonably requires for this Act, the registrar may, by written
notice given to the person, require the person—
(a) to give the information to the registrar in writing signed by the
person or, in the case of a corporation, by an officer of the
corporation; or
Enforcement Part 4
General Division 4.1
Section 21
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(b) to produce the document to the registrar.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(2) The notice must state—
(a) the place where the information or document is to be given or
produced to the construction occupations registrar; and
(b) the time when, or the period within which, the information or
document is to be given or produced.
(3) If a document is produced in accordance with a requirement under
subsection (1), the construction occupations registrar—
(a) may—
(i) take possession of, and make a copy of, or take extracts
from, the document; and
(ii) retain possession of the document for such period as is
necessary for this Act; and
(b) must, during that period, allow a person who would be entitled
to inspect the document, if it was not in the possession of the
registrar, to inspect the document at any reasonable time.
21 Contravention of requirement by construction
occupations registrar
A person must not, without reasonable excuse, contravene a
requirement under section 20.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part 4 Enforcement
Division 4.1 General
Section 22
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22 Construction occupations registrar may require
rectification of defective work
(1) This section applies if work has not been done in accordance with an
inspector’s direction under section 32 (4) (Powers on entry to
premises) and the construction occupations registrar reasonably
believes that—
(a) the work is necessary to ensure that the plumbing, or the sanitary
drainage system, complies with this Act; and
(b) it is necessary to give a direction under this section to protect—
(i) the health or safety of people; or
(ii) public or private property; or
(iii) the environment.
(2) The construction occupations registrar may, in writing, direct the
owner to do the work to which the inspector’s direction relates in the
way, and within the time, mentioned in the registrar’s direction.
(3) Subsection (4) applies if—
(a) the direction requires the owner to do a thing (including provide
written information); and
(b) the owner is not licensed, authorised or qualified to do the thing.
(4) The owner must arrange, and pay for, the thing to be done by someone
who is licensed, authorised or qualified to do the thing.
(5) If the owner contravenes a direction under subsection (2), the
construction occupations registrar may arrange for the work to be
done.
(6) The reasonable expenses incurred by the construction occupations
registrar under subsection (5) are a debt due by the owner to the
Territory.
Enforcement Part 4
Inspectors Division 4.2
Section 23
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Division 4.2 Inspectors
23 Appointment of inspectors
(1) The construction occupations registrar may appoint a person as an
inspector for this Act.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, div 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see s 207).
(2) An inspector must exercise the inspector’s functions under this Act in
accordance with the conditions of appointment and any direction
given to the inspector by the construction occupations registrar.
(3) A person must not be appointed under subsection (1) unless—
(a) the person is an Australian citizen or a permanent resident of
Australia; and
(b) the construction occupations registrar has certified in writing
that, after appropriate inquiry, the registrar is satisfied that the
person is a suitable person to be appointed, having regard in
particular to—
(i) whether the person has any criminal convictions; and
(ii) the person’s employment record; and
(c) the construction occupations registrar has certified in writing
that the registrar is satisfied that the person—
(i) has satisfactorily completed adequate training; and
(ii) is competent;
to exercise the powers of an inspector proposed to be given to the
person.
Part 4 Enforcement
Division 4.2 Inspectors
Section 24
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24 Identity cards
(1) The construction occupations registrar must give each inspector an
identity card—
(a) that specifies the inspector’s name and appointment as an
inspector; and
(b) on which there is a recent photograph of the inspector.
(2) A person must, within 7 days after ceasing to be an inspector, return
the identity card to the construction occupations registrar.
Maximum penalty (subsection (2)): 1 penalty unit.
25 Construction occupations registrar’s powers
The construction occupations registrar may, subject to this part,
exercise all the powers of an inspector.
26 Delegation—construction occupations registrar
The construction occupations registrar may delegate the registrar’s
functions under this part (other than section 23 (Appointment of
inspectors)) to an inspector or public servant.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
27 Power to enter premises
(1) An inspector may, for this Act—
(a) enter any premises at any time with the consent of the occupier;
or
(b) at any reasonable time, enter premises connected to a water
network or sewerage network (other than a part of the premises
used for residential purposes); or
(c) enter premises in accordance with a warrant under this division.
Enforcement Part 4
Inspectors Division 4.2
Section 28
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(2) An inspector may, without the occupier’s consent or a warrant, enter
the land around premises to ask the occupier for consent to enter the
premises.
28 Production of identity card
An inspector may not remain on premises entered under this part if,
on request by the occupier, the inspector does not produce the
inspector’s identity card.
29 Consent to entry
(1) When seeking the consent of an occupier for entering premises under
this part, an inspector must—
(a) produce the inspector’s identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) that anything found and seized by the inspector may be
used in evidence in court; and
(iii) that consent may be refused.
(2) If the occupier consents, the inspector must ask the occupier to sign a
written acknowledgment—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used
in evidence in court; and
(iii) that consent may be refused; and
(b) that the occupier consented to the entry; and
(c) the time, and day, when consent was given.
Part 4 Enforcement
Division 4.2 Inspectors
Section 30
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(3) If the occupier signs an acknowledgment of consent, the inspector
must immediately give a copy to the occupier.
(4) Unless the contrary is proved, a court must presume that an occupier
did not consent to an entry to premises by an inspector under this part
if—
(a) the question whether the occupier consented to the entry arises
in proceedings in the court; and
(b) an acknowledgment under this section is not produced in
evidence for the entry; and
(c) it is not proved that the occupier consented to the entry.
30 Warrants
(1) An inspector may apply to a magistrate for a warrant to enter
premises.
(2) The application must be sworn and state the grounds on which the
warrant is sought.
(3) The magistrate may refuse to consider the application until the
inspector gives the magistrate all the information the magistrate
requires about the application in the way the magistrate requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing or activity (the evidence) connected
with an offence against this Act; and
(b) the evidence is, or may be within the next 14 days, at the
premises.
(5) The warrant must state—
(a) that the inspector may, with necessary help and force, enter the
premises and exercise the inspector’s powers under this part;
and
Enforcement Part 4
Inspectors Division 4.2
Section 31
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(b) the offence for which the warrant is sought; and
(c) the evidence that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 14 days after the warrant’s issue, the warrant
ends.
31 Warrants—application made other than in person
(1) An inspector may apply for a warrant by phone, fax, radio or other
form of communication if the inspector considers it necessary
because of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the inspector must prepare an
application stating the grounds on which the warrant is sought.
(3) The inspector may apply for the warrant before the application is
sworn.
(4) After issuing the warrant, the magistrate must immediately provide a
written copy to the inspector if it is reasonably practicable to do so.
(5) If it is not reasonably practicable to provide a written copy to the
inspector—
(a) the magistrate must—
(i) tell the inspector what the terms of the warrant are; and
(ii) tell the inspector the date and time the warrant was issued;
and
(b) the inspector must complete a form of warrant (warrant form)
and write on it—
(i) the magistrate’s name; and
Part 4 Enforcement
Division 4.3 Powers of inspectors on entry to premises
Section 32
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(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The written copy of the warrant, or the warrant form properly
completed by the inspector, authorises the entry and the exercise of
the inspector’s powers under this part.
(7) The inspector must, at the first reasonable opportunity, send the
magistrate—
(a) the sworn application; and
(b) if the inspector completed a warrant form—the completed
warrant form.
(8) On receiving the documents, the magistrate must attach them to the
warrant.
(9) Unless the contrary is proven, a court must presume that a power
exercised by the inspector was not authorised by a warrant under this
section if—
(a) the question arises in a proceeding before the court whether the
exercise of power was authorised by a warrant; and
(b) the warrant is not produced in evidence.
Division 4.3 Powers of inspectors on entry to
premises
32 Powers on entry to premises
(1) An inspector who enters premises under this part may, for this Act—
(a) inspect or measure the premises or anything on the premises, in
particular any plumbing, or sanitary drainage system; or
(b) take photographs or films or audio, video or other recordings of
the premises or anything on the premises; or
(c) take copies or extracts of documents kept on the premises; or
Enforcement Part 4
Powers of inspectors on entry to premises Division 4.3
Section 32
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(d) inspect records on the premises in relation to plumbing or
sanitary drainage work; or
(e) require the occupier to give reasonable help to exercise a power
under this Act; or
(f) require the occupier or a person on the premises to—
(i) answer questions or give information; or
(ii) make available any record or document kept on the
premises.
(2) A person must not, without reasonable excuse, contravene a
requirement under subsection (1) (e) or (f).
Maximum penalty: 50 penalty units.
(3) For subsection (1), the inspector may open up premises or excavate
land, doing as little damage as is reasonably practicable in the
circumstances.
(4) An inspector who exercises a power under subsection (1) and finds
any part of the plumbing, or the sanitary drainage system, that—
(a) does not comply with, or has not tested in accordance with, this
Act; or
(b) is in bad order and condition, or requires cleaning or alteration
or should be filled up;
may give a written direction to the owner of the premises, or the
person who did the work, to take stated action (including provide
written information) to ensure that the system, or the doing of related
work, complies with the Act.
Examples—written information
1 a written report about a test required in the direction by the person who did the
test
2 a hydraulic engineer’s report about whether work complies with relevant
standards
3 certification from a plumbing plan certifier that work complies with this Act
Part 4 Enforcement
Division 4.3 Powers of inspectors on entry to premises
Section 32
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(5) Subsection (6) applies if—
(a) the direction requires the person to whom it is given to do a
thing; and
(b) the person—
(i) is not licensed, authorised or qualified to do the thing; or
(ii) if a licence, authorisation or qualification is not required to
do the thing—does not have appropriate experience and
skill to do the thing.
(6) The person must arrange, and pay for, the thing to be done by
someone who—
(a) is licensed, authorised or qualified to do the thing; or
(b) if a licence, authorisation or qualification is not required to do
the thing—has appropriate experience and skill to do the thing.
(7) A person must not, without reasonable excuse, contravene a direction
under subsection (4).
Maximum penalty: 50 penalty units.
(8) If any part of the plumbing, or the sanitary drainage system, is not
found by the inspector to be of the nature mentioned in
subsection (4) (a) or (b), the inspector must arrange for the service or
system to be promptly put back as near as is reasonably practicable to
its former condition or state.
(9) The costs or expenses incurred by the inspector under subsection (8),
including any testing or examination, must be met by the Territory.
Enforcement Part 4
Powers of inspectors on entry to premises Division 4.3
Section 33
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33 Power to require name and address
(1) An inspector may require a person to state the person’s name and
address if the inspector—
(a) finds a person committing an offence against this Act; or
(b) reasonably believes that a person has committed an offence
against this Act.
(2) In exercising a power under subsection (1), an inspector must—
(a) inform the person of the reasons for the requirement; and
(b) as soon as practicable after making the requirement, record those
reasons.
(3) A person is not required to comply with a requirement under
subsection (1) if, on request by the person, the inspector does not
produce the inspector’s identity card.
(4) A person must not, without reasonable excuse, contravene a
requirement under subsection (1).
Maximum penalty (subsection (4)): 5 penalty units.
34 Power to seize evidence
(1) An inspector who enters premises with a warrant under this part may
seize the evidence for which the warrant was issued.
(2) An inspector who enters premises under this part without a warrant
may seize a thing on the premises if—
(a) the inspector is satisfied the thing is connected with an offence
against this Act; and
(b) seizure of the thing is consistent with the purpose of the entry as
told to the occupier in seeking the occupier’s consent.
Part 4 Enforcement
Division 4.3 Powers of inspectors on entry to premises
Section 35
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(3) An inspector may also seize another thing on the premises entered
under this part if the inspector is satisfied—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Having seized a thing, the inspector may—
(a) remove the thing from the premises where it was seized (the
place of seizure) to another place; or
(b) leave the thing at the place of seizure but restrict access to it.
(5) A person must not, without the construction occupations registrar’s
approval, interfere with a thing to which access has been restricted
under subsection (4).
Maximum penalty (subsection (5)): 50 penalty units, imprisonment
for 6 months or both.
35 Receipt for things seized
(1) As soon as practicable after a thing is seized by an inspector under
this part, the inspector must give a receipt for it to the person from
whom it was seized.
(2) If, for any reason, it is not practicable to comply with subsection (1),
the inspector must leave the receipt, secured conspicuously at the
place of seizure.
Enforcement Part 4
Powers of inspectors on entry to premises Division 4.3
Section 36
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36 Access to things seized
A person who would, but for the seizure, be entitled to a thing seized
under this part may—
(a) inspect it; and
(b) if it is a document—take extracts from it or make copies of it.
37 Return of things seized
(1) A thing seized under this part must be returned to its owner, or
reasonable compensation must be paid to the owner by the Territory
for the loss of the thing, if—
(a) a prosecution for an offence relating to the thing is not instituted
within 90 days of the seizure; or
(b) the court does not find the offence proved in a prosecution for
an offence relating to the thing.
(2) A thing seized under this part is forfeited to the Territory if a court—
(a) finds an offence relating to the thing to be proved; and
(b) orders the forfeiture.
(3) If subsection (2) (a) applies, but a court does not order forfeiture of
the thing seized, the construction occupations registrar must return
the thing to its owner or the Territory must pay reasonable
compensation to the owner for the loss of the thing.
38 Power to inspect plumbing or sanitary drainage work
(1) An inspector may enter and remain on premises to conduct a test or
inspection under this Act in relation to plumbing or sanitary drainage
work.
Part 4 Enforcement
Division 4.4 Miscellaneous
Section 39
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(2) An inspector may enter and remain on the premises under
subsection (1)—
(a) at any reasonable time; and
(b) with the people, equipment or material that the inspector
reasonably needs to conduct the test or inspection.
(3) However, the inspector may not, under this section—
(a) enter or remain on premises if, on request by the occupier, the
inspector does not produce the inspector’s identity card; or
(b) without the consent of the occupier, enter or remain on any part
of the premises used for residential purposes.
(4) The power to enter premises under this section is additional to the
powers under section 27 (Power to enter premises).
Division 4.4 Miscellaneous
39 Self-incrimination etc
(1) A person is not excused from providing information, producing a
document or answering a question when required to do so under this
part on the ground that the information, document or answer might
tend to incriminate the person.
(2) However—
(a) the provision of the information, document or answer; or
(b) any information, document or thing obtained as a direct or
indirect consequence of providing the information, document or
answer;
is not admissible in evidence against the person in criminal
proceedings.
Enforcement Part 4
Miscellaneous Division 4.4
Section 39
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(3) Subsection (2) does not apply to proceedings for—
(a) an offence under this part; or
(b) any other offence in relation to the falsity of the information or
document.
Note 1 A reference to an offence against a territory law includes a reference to a
related ancillary offence, eg attempt (see Legislation Act, s 189).
Note 2 The Legislation Act, s 171 deals with the application of client legal
privilege.
Part 5 Notification and review of decisions
Section 44
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Part 5 Notification and review of
decisions
44 Meaning of reviewable decision—pt 5
In this part:
reviewable decision means a decision prescribed by regulation.
44A Reviewable decision notices
If a person makes a reviewable decision, the person must give a
reviewable decision notice to each entity prescribed by regulation in
relation to the decision.
Note The person must also take reasonable steps to give a reviewable decision
notice to any other person whose interests are affected by the decision
(see ACT Civil and Administrative Tribunal Act 2008, s 67A).
44B Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity prescribed by regulation in relation to the decision;
(b) any other person whose interests are affected by the decision.
Plumbing code Part 6
Section 44C
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Part 6 Plumbing code
44C Plumbing code
(1) In this Act:
plumbing code means—
(a) the Plumbing Code of Australia prepared and published by the
Australian Building Codes Board as amended from time to time
by—
(i) the Australian Building Codes Board; and
(ii) the Australian Capital Territory Appendix to the Plumbing
Code of Australia; and
(b) a document prescribed by regulation.
Note 1 The date that each version of the PCA comes into effect in the ACT can
be found in the ‘History of PCA Adoption’ part in the PCA itself.
However, a different date of effect may be prescribed by regulation or in
an amendment of the PCA made by an Australian Capital Territory
Appendix to the Plumbing Code of Australia.
Note 2 See also s 44D (Regulation under s 44C (1), def plumbing code and
Legislation Act, s 47).
(2) The Plumbing Code of Australia includes the variations, additions
and exclusions for the ACT contained in the code, including in an
appendix to the code.
(3) The Minister may make an Australian Capital Territory Appendix to
the Plumbing Code of Australia.
(4) The Australian Capital Territory Appendix to the Plumbing Code of
Australia is a disallowable instrument.
Part 6 Plumbing code
Section 44D
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(5) A regulation may make provision in relation to the application of the
plumbing code.
Example
A new edition of the Plumbing Code of Australia comes into effect on 1 May 2013.
A regulation provides that stated provisions of the PCA come into effect in the ACT
on 1 January 2014.
Note The Australian Capital Territory Appendix to the Plumbing Code of
Australia may also amend the date the PCA comes into effect in the ACT.
44D Regulation under s 44C (1), def plumbing code and
Legislation Act, s 47
(1) This section applies in relation to a regulation made under
section 44C (1), definition of plumbing code, paragraph (b).
(2) A regulation may apply, adopt or incorporate a law of another
jurisdiction or instrument as in force from time to time.
(3) The Legislation Act, section 47 (5) or (6) does not apply in relation
to the law of another jurisdiction or instrument applied, adopted or
incorporated under a regulation.
Note Laws of another jurisdiction and instruments mentioned in s (3) do not
need to be notified under the Legislation Act because s 47 (5) and (6) do
not apply (see Legislation Act, s 47 (7)).
(4) In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
44G Certified copies of plumbing code
In a proceeding before a court or the ACAT, evidence of the plumbing
code as in force on a stated date or during a stated period may be
given by the production of a copy of the plumbing code certified by
the construction occupations registrar as a true copy as at the date or
during the period.
Miscellaneous Part 7
Section 45
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Part 7 Miscellaneous
45 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
46 Applying, adopting or incorporating documents in
regulations
(1) A regulation may apply, adopt or incorporate (with or without change
or modification)—
(a) a law, Australian Standard or Australian/New Zealand Standard
as in force from time to time; or
(b) another instrument as in force from time to time.
(2) The Legislation Act, section 47 (5) and (6) do not apply in relation to
a law, standard or instrument applied, adopted or incorporated under
subsection (1).
Note The law, standard or instrument does not need to be notified under the
Legislation Act because s 47 (5) and (6) do not apply (see Legislation
Act, s 47 (7)).
(3) The director-general must ensure that an instrument applied, adopted
or incorporated under subsection (1) (b) is—
(a) available for inspection by anyone without charge during
ordinary business hours at an ACT government office; or
(b) accessible on an ACT government website, or by a link on an
ACT government website.
(4) Any instrument that is applied, adopted or incorporated under
subsection (1) (b) is not enforceable by or against the Territory or
anyone else unless it is made accessible in accordance with
subsection (3).
Part 7 Miscellaneous
Section 49
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49 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may also make provision in relation to—
(a) the certification of plumbing or sanitary drainage work; and
(b) the doing of plumbing or sanitary drainage work; and
(c) the inspection of the plumbing, or the sanitary drainage system,
or plumbing or sanitary drainage work; and
(d) notification requirements in relation to plumbing or sanitary
drainage work; and
(e) standards for plumbing or sanitary drainage work and the
approval of materials to be used in that work; and
(f) the connection of equipment to infrastructure related to the
supply of water or to drains or sewers; and
(g) the removal or repair of defective plumbing or sanitary drainage
work; and
(h) the review of decisions made under the regulations; and
(i) the payment of fees.
(3) The regulations may also prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than
10 penalty units for offences against the regulations.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• appoint
• Australian citizen
• construction occupations registrar
• disallowable instrument (see s 9)
• document
• exercise
• function
• magistrate
• penalty unit (see s 133)
• reviewable decision notice
• the Territory.
Note 3 The Legislation Act, s 164 defines the following terms:
• AS
• AS/NZS
• Australian Standard
• Australian/New Zealand Standard.
backflow prevention device means a device to prevent the reverse
flow from a potentially polluted source into a water supply system for
water suitable for human consumption.
certifier means a person who holds a licence as a plumbing plan
certifier.
connected, with an offence, for part 4 (Enforcement)—see
section 18.
credit card includes a debit card.
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fire sprinkler service means the part of water supply pipework from
fire sprinklers to the place where a backflow prevention device must
be installed to comply with the plumbing code to prevent backflow
from the pipework directly serving the fire sprinklers.
fire sprinkler work means the installation, replacement,
augmentation, curtailing, maintenance, repair, or alteration of the
location of all or part, of a fire sprinkler service.
grey water—
(a) means domestic waste from baths, basins, showers and
laundries; and
(b) includes floor waste from areas mentioned in paragraph (a); but
(c) does not include kitchen waste or waste containing
gastrointestinal products or other bodily waste.
hot-water system means—
(a) a water heater connected to a water service; and
(b) the equipment and materials connected to a water service that
are necessary to provide a supply of hot water.
inspector—see section 23 (Appointment of inspectors).
irrigation means the supplying of water for—
(a) growth, cooling, treating, humidifying and frost protection of
vegetation; and
(b) water replenishment of the soil.
irrigation system—
(a) means the part of water supply pipework from a water network
to outlets for irrigation; but
(b) does not include part of a water network.
land sublease—see the Planning Act 2023, dictionary.
Dictionary
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licence of a stated kind, means a licence of that kind under the
Construction Occupations (Licensing) Act 2004.
licence number—see Construction Occupations (Licensing)
Act 2004, section 23 (1) (c).
licensee, in relation to a service, means a person licensed under the
Construction Occupations (Licensing) Act 2004 to provide the
service.
occupier, of premises, for part 4 (Enforcement)—see section 18.
offence, for part 4 (Enforcement)—see section 18.
owner, of premises or land on which a sewerage or water service has
been, or is to be, installed includes—
(a) the occupier, lessee, tenant or holder of the premises or land; and
(b) for land under a land sublease or premises on the land—the
sublessee.
plan approval means a plan approval issued under section 8 (Issue of
plan approvals).
plumbing code—see section 44C.
premises includes land and place.
reasonably believes, for part 4 (Enforcement)—see section 18.
responsible utility means—
(a) in relation to the sewerage network—a utility licensed to
provide sewerage services using the network; and
(b) in relation to the water network—a utility licensed to provide
water services using the network.
reviewable decision, for part 5 (Notification and review of
decisions)—see section 44.
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sanitary drain—
(a) means a pipe, conduit or fitting, or device directly connected to
1 or more of them, that—
(i) is installed in or on the ground (or partly in and partly on
the ground) and is used, or for use, in relation to the
drainage of a single building, or the drainage of 2 or more
buildings by a combined drainage operation; and
(ii) is, or is to be, indirectly or directly connected to a sewerage
network, a septic tank, on-site sewerage treatment unit or
other receptacle for sewage; but
(b) does not include—
(i) a grey-water irrigation hose used, or for use, in relation to
the carrying of grey water directly to a grey-water
irrigation area; or
(ii) a thing mentioned in paragraph (a)—
(A) that is part of a sewerage network for which there is a
responsible utility; or
(B) that is intended by a utility, or by an entity that has an
arrangement (however described) with a utility in
relation to the thing, to become part of a sewerage
network for which the utility is the responsible utility.
sanitary drainage work—
(a) means the installation, replacement, augmentation, curtailing,
maintenance, repair, or alteration of the location of all or part, of
a sanitary drain; but
(b) does not include—
(i) inspecting a sanitary drain, clearing a blockage or
obstruction of the drain, or cleaning the drain, unless the
inspecting, clearing or cleaning involves damage to, or
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removal of part of, the sanitary drain or is done for reward;
or
(ii) the operation of a grey-water diverter.
sanitary plumbing—
(a) means a pipe, fitting, fixture or water appliance that is not in or
in contact with the ground and that is used, or for use, in relation
to the collecting or carrying of sewage to a sanitary drain; and
(b) includes a fitting used, or for use, in the diversion of grey water,
or for the direct connection of a grey-water irrigation hose; but
(c) does not include a grey-water irrigation hose used, or for use, in
relation to the carrying of grey water directly to a grey-water
irrigation area.
sanitary plumbing work—
(a) means the installation, replacement, augmentation, curtailing,
maintenance, repair, or alteration of the location of all or part, of
sanitary plumbing; but
(b) does not include—
(i) inspecting sanitary plumbing, clearing a blockage or
obstruction of the plumbing or cleaning the plumbing
unless the inspecting, clearing or cleaning involves damage
to, or removal of part of, the sanitary plumbing or is done
for reward; or
(ii) the operation of a grey-water diverter.
sewage—
(a) means waste water from the community, including faecal
matter, urine and household and commercial waste water that
contains human waste; but
(b) does not include stormwater.
sewerage network—see the Utilities Act 2000, section 14.
Dictionary
page 40 Water and Sewerage Act 2000
Effective: 26/11/25
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single residential building means a detached house or a building
making up no more than 2 residences, and includes—
(a) a part of such a building; and
(b) an adjunct to such a building.
site plan—see HB 50 (Glossary of building terms) as in force on
1 March 1999.
stormwater means surface water, subsoil water and runoff caused by
rainfall on roof areas.
water appliance—
(a) means an apparatus or machine that—
(i) is connected to a water service outlet or hot-water system
outlet; and
(ii) has an outlet to drain waste water, or to draw off water
processed, heated or cooled by the apparatus or machine;
but
(b) does not include an apparatus or machine if—
(i) the connection is to a water service outlet that is a tap; and
(ii) the connection is a temporary hand connection.
water network—see the Utilities Act 2000, section 12.
water service—
(a) means the part of the water supply pipework used, or for use, for
water supply from a primary water source up to and including
outlet valves at fixtures and water appliances; and
(b) includes an irrigation system; but
(c) does not include—
(i) a fire sprinkler system; or
(ii) part of a water network; or
Dictionary
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(iii) water supply pipework that is intended by either of the
following to become part of a water network, if the water
network is a water network for which there is a responsible
utility:
(A) the responsible utility;
(B) an entity that has an arrangement (however described)
with the responsible utility in relation to the
pipework.
water supply plumbing work—
(a) means the installation, replacement, augmentation, curtailing,
maintenance, repair, or alteration of the location of all or part, of
a water service or a hot-water system; and
(b) includes fire sprinkler work; but
(c) does not include removing a washer or something similar from
a tap or valve, or repairing or fitting the washer or the similar
thing, unless the removal, repair or fitting involves damage to
part of—
(i) a water service; or
(ii) a hot-water system; or
(iii) an irrigation system; or
(iv) a fire sprinkler system.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Water and Sewerage Act 2000 A2000-68
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)
remainder commenced 1 January 2001 (Gaz 2000 No S69)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 413
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 413 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Legislation Amendment Act 2002 A2002-11 pt 2.52
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.52 commenced 28 May 2002 (s 2 (1))
Criminal Code 2002 No 51 pt 1.28
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.28 commenced 1 January 2003 (s 2 (1))
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.23
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.23 commenced 9 October 2003 (s 2 (1))
Construction Occupations Legislation Amendment Act 2004
A2004-13 sch 1 pt 1.3, sch 2 pt 2.27
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.3, sch 2 pt 2.27 commenced 1 September 2004 (s 2 and
see Construction Occupations (Licensing) Act 2004 A2004-12, s 2
and CN2004-8)
Endnotes
3 Legislation history
page 44 Water and Sewerage Act 2000
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Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.98
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.98 commenced 9 April 2004 (s 2 (1))
Water and Sewerage Amendment Act 2004 A2004-67 pt 2
notified LR 9 September 2004
s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
pt 2 commenced 10 September 2004 (s 2)
Construction Occupations Legislation Amendment Act 2005
A2005-34 sch 1 pt 1.5
notified LR 6 July 2005
s 1, s 2 commenced 6 July 2005 (LA s 75 (1))
sch 1 pt 1.5 commenced 27 July 2005 (s 2)
Construction Occupations Legislation Amendment Act 2006
A2006-15 sch 1 pt 1.6
notified LR 6 April 2006
s 1, s 2 commenced 6 April 2006 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 September 2006 (s 2 and CN2006-19)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.25
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.25 commenced 16 November 2006 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.106
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.106 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Water and Sewerage (Energy Efficient Hot-Water Systems)
Legislation Amendment Act 2009 A2009-26 pt 2
notified LR 8 September 2009
s 1, s 2 commenced 8 September 2009 (LA s 75 (1))
pt 2 commenced 31 January 2010 (s 2)
Endnotes
Legislation history 3
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Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.172
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.172 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.55
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.55 commenced 5 June 2012 (s 2 (1))
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.51
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.51 commenced 14 June 2013 (s 2)
Construction and Energy Efficiency Legislation Amendment Act 2013
A2013-31 pt 10
notified LR 26 August 2013
s 1, s 2 commenced 26 August 2013 (LA s 75 (1))
ss 79-82, 89, 90 commenced 27 August 2013 (s 2 (3))
pt 10 remainder commenced 1 September 2013 (s 2 (1))
Planning and Development (University of Canberra and Other
Leases) Legislation Amendment Act 2015 A2015-19 pt 23
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))
pt 23 commenced 1 July 2015 (s 2 and CN2015-9)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.74
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.74 commenced 14 October 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2018 A2018-33
sch 1 pt 1.40
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.40 commenced 23 October 2018 (s 2 (4))
Endnotes
3 Legislation history
page 46 Water and Sewerage Act 2000
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Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.64
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.64 commenced 23 June 2021 (s 2 (1))
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.43
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.43 commenced 24 August 2022 (s 2)
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1
pt 1.71
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.71 commenced 27 November 2023 (s 2 (1) and see
Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Building and Construction Legislation Amendment Act 2023
A2023-55 pt 13
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 13 commenced 12 December 2023 (s 2 (4))
Building and Construction Legislation Amendment Act 2025 A2025-5
pt 8
notified LR 31 March 2025
s 1, s 2 commenced 31 March 2025 (LA s 75 (1))
pt 8 commenced 1 April 2025 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.103, sch 4
pt 4.191
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.103, sch 4 pt 4.191 commenced 26 November 2025 (s 2 (3),
(9))
Endnotes
Amendment history 4
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4 Amendment history
Dictionary
s 2 orig s 2 om A2001-44 amdt 1.4275
(prev s 3) renum A2003-41 amdt 3.500
Notes
s 3 orig s 3 am A2001-44 amdt 1.4276; A2003-41 amdt 3.499
renum as s 2
(prev s 4) renum A2003-41 amdt 3.500
om A2004-13 amdt 2.92
(prev s 4) ins A2003-41 amdt 3.501
renum A2004-13 amdt 2.93
Application of Act to certain installations
s 4 orig s 4 renum as s 3
ins A2003-41 amdt 3.501
renum as s 3 A2004-13 amdt 2.93
ins A2004-13 amdt 2.94
Appointment of certifiers
s 5 am A2003-41 amdt 3.502, amdt 3.503; A2004-13 amdt 2.95;
A2023-55 s 61
Application for plan approval
s 7 sub A2006-15 amdt 1.36
Issue of plan approvals
s 8 am A2004-13 amdts 2.96-2.98; pars renum R8 LA (see
A2004-13 amdt 2.99); A2006-42 amdt 3.214; pars renum
R12 LA; A2011-22 amdt 1.479; A2013-19 amdt 3.481;
A2013-31 s 78; A2021-12 amdt 3.181; A2022-14 amdt 3.221
Issue of plan approvals
s 9 am A2004-13 amdt 2.100; ss renum R8 LA (see A2004-13
amdt 2.101)
Marking approval of amendment
s 9A ins A2004-13 amdt 2.102
ss renum R12 LA
am A2021-12 amdt 3.181; A2022-14 amdt 3.221; A2025-29
amdt 4.194
Notification of cessation of appointment of certifier
s 10 am A2003-41 amdt 3.504; A2004-13 amdt 2.120;
A2022-14 amdt 3.221
Notice of fire sprinkler work by licensee
s 11 sub A2004-13 amdt 2.103
Sanitary plumbers to be licensed
s 12 om A2004-13 amdt 2.104
Endnotes
4 Amendment history
page 48 Water and Sewerage Act 2000
Effective: 26/11/25
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House drainage work
s 13 om A2004-13 amdt 2.104
Water supply plumbers to be licensed
s 14 om A2004-13 amdt 2.104
Notice of water supply plumbing work by licensee
s 15 hdg sub A2004-13 amdt 2.105
s 15 am A2004-13 amdt 2.106, amdt 2.107; ss renum R8 LA
(see A2004-13 amdt 2.108); A2006-15 amdt 1.37;
A2022-14 amdt 3.222
Notice of sanitary plumbing or drainage work by licensee
s 16 hdg sub A2023-55 s 62
s 16 am A2001-44 amdt 1.4277, amdt 1.4278; A2003-41
amdt 3.505; A2004-13 amdt 2.109, amdt 2.110; ss renum
R8 LA; A2013-19 amdt 3.482, 3.483; A2021-12 amdt 3.181
Installation of toilets
s 17 sub A2004-13 amdt 1.7
Water supply and sanitary plumbing work
s 17A ins A2004-67 s 4
Definitions—pt 4
s 18 def connected ins A2003-41 amdt 3.506
def offence ins A2003-41 amdt 3.506
Things connected with offences
s 19 om A2003-41 amdt 3.507
Chief construction occupations registrar may require information and
documents
s 20 hdg am A2004-13 amdt 2.120
s 20 am A2003-41 amdt 3.508; A2004-13 amdt 2.120, amdt 1.121
Contravention of requirement by construction occupations registrar
s 21 hdg am A2004-13 amdt 2.120
s 21 am A2004-13 amdt 2.120
Construction occupations registrar may require rectification of defective
work
s 22 hdg am A2004-13 amdt 2.120
s 22 am A2004-13 amdt 2.120, amdt 1.121; R8 LA (see A2004-13
amdt 2.121); A2013-31 s 79; ss renum R19 LA
Appointment of inspectors
s 23 am A2003-41 amdt 3.509; A2004-13 amdt 2.120, amdt 1.121;
A2006-42 amdt 3.215; A2022-14 amdt 3.223
Identity cards
s 24 am A2004-13 amdt 2.120
Endnotes
Amendment history 4
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Construction occupations registrar’s powers
s 25 hdg am R8 LA (see A2004-13 amdt 2.120)
s 25 am A2004-13 amdt 2.120
Delegation—construction occupations registrar
s 26 sub A2003-41 amdt 3.510; A2004-13 amdt 2.111
Production of identity card
s 28 am A2022-14 amdt 3.223
Consent to entry
s 29 am A2022-14 amdt 3.223
Warrants—application made other than in person
s 31 am A2018-33 amdt 1.77, amdt 1.78
Powers on entry to premises
s 32 am A2013-31 ss 80-82; ss renum R19 LA
Power to require name and address
s 33 am A2022-14 amdt 3.223
Power to seize evidence
s 34 am R8 LA (see A2004-13 amdt 2.120)
Return of things seized
s 37 am A2004-13 amdt 2.120
Power to inspect plumbing or sanitary drainage work
s 38 am A2022-14 amdt 3.223
Self-incrimination etc
s 39 am A2002-11 amdt 2.111; A2002-51 amdt 1.58
Legal professional privilege
s 40 om A2002-11 amdt 2.112
Providing false or misleading information
s 41 om A2004-15 amdt 2.208
Providing false or misleading documents
s 42 om A2004-15 amdt 2.208
Obstruction
s 43 om A2004-15 amdt 2.208
Notification and review of decisions
pt 5 hdg sub A2008-37 amdt 1.556
Meaning of reviewable decision—pt 5
s 44 sub A2008-37 amdt. 1.556
Reviewable decision notices
s 44A ins A2008-37 amdt. 1.556
am A2025-29 amdt 4.194
Endnotes
4 Amendment history
page 50 Water and Sewerage Act 2000
Effective: 26/11/25
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Applications for review
s 44B ins A2008-37 amdt. 1.556
am A2025-29 amdt 4.194
Miscellaneous
pt 5A hdg renum as pt 7 hdg
Plumbing code
pt 6 hdg ins A2013-31 s 83
Plumbing code
s 44C ins A2013-31 s 83
am A2025-29 amdt 4.194
Regulation under s 44C (1), def plumbing code and Legislation Act, s 47
s 44D ins A2013-31 s 83
Publication and availability of ACT Appendix
s 44E ins A2013-31 s 83
am A2015-33 amdt 1.258
om A2025-5 s 37
Inspection of plumbing code
s 44F ins A2013-31 s 83
am A2022-14 amdt 3.224
om A2025-5 s 37
Certified copies of plumbing code
s 44G ins A2013-31 s 83
Miscellaneous
pt 7 hdg (prev pt 5A hdg) ins A2008-37 amdt 1.556
renum as pt 7 hdg A2013-31 s 85
Determination of fees
s 45 sub A2001-44 amdt 1.4279
am A2006-42 amdt 3.216; A2025-29 amdt 4.194
Meaning of plumbing code
s 45A ins A2009-26 s 4
(3)-(5) exp 31 January 2011 (s 45A (5))
ss renum R15 LA
om A2013-31 s 84
Applying, adopting or incorporating documents in regulations
s 46 om A2001-44 amdt 1.4280
ins A2006-15 amdt 1.38
sub A2009-26 s 5
om A2013-31 s 84
ins A2025-5 s 38
am A2025-29 amdt 3.362, amdt 3.363; pars renum R29 LA
Endnotes
Amendment history 4
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Regulations may make provision about fees
s 47 om A2001-44 amdt 1.4280
Approved forms
s 48 sub A2001-44 amdt 1.4281
am A2003-41 amdt 3.511; A2004-13 amdt 2.120; A2006-42
amdt 3.216
om A2021-12 amdt 3.182
Regulation-making power
s 49 am A2001-44 amdt 1.4282, amdt 1.4283; A2004-13
amdt 2.112; A2005-34 amdt 1.52; A2025-5 s 39; ss renum
R28 LA; A2025-29 amdt 4.194
Transitional
pt 6 hdg exp 1 January 2002 (s 55)
Definitions for pt 6
s 50 exp 1 January 2002 (s 55)
Repeal
s 51 om R2 (LA)
Certifiers
s 52 exp 1 January 2002 (s 55)
Plan approvals
s 53 exp 1 January 2002 (s 55)
Regulations—transitional matters
s 54 exp 1 January 2002 (s 55)
Expiry of pt 6
s 55 exp 1 January 2002 (s 55)
Dictionary
dict am A2003-41 amdt 3.512, amdt 3.513; A2004-13 amdt 2.113;
A2006-42 amdt 3.217; A2008-37 amdt 1.557, amdt 1.558;
A2012-21 amdt 3.214, A2013-19 amdt 3.484
def ACT plumbing code ins A2009-26 s 6
om A2013-31 s 86
def AS/NZS 3500 ins A2013-19 amdt 3.486
om A2013-31 s 86
def Australian Standard 3500 sub A2005-34 amdt 1.53
om A2013-19 amdt 3.485
def backflow prevention device ins A2004-13 amdt 2.114
def certifier am R12 LA
def connected ins A2003-41 amdt 3.514
def drain om A2004-13 amdt 2.115
def fire sprinkler service sub A2004-13 amdt 2.115
am A2013-19 amdt 3.487; A2013-31 s 87
def fire sprinkler work ins A2004-13 amdt 2.115
Endnotes
4 Amendment history
page 52 Water and Sewerage Act 2000
Effective: 26/11/25
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def function om A2003-41 amdt 3.515
def grey water ins A2004-13 amdt 2.115
def hot-water system ins A2004-13 amdt 2.115
def irrigation ins A2004-13 amdt 2.116
def irrigation system ins A2004-13 amdt 2.116
def land sublease ins A2015-19 s 148
sub A2023-36 amdt 1.411
def licence sub A2004-13 amdt 2.116
def licence number ins A2004-13 amdt 2.116
def licensee ins A2004-13 amdt 2.116
def MP52 om A2006-15 amdt 1.39
def occupier ins A2003-41 amdt 3.516
def offence ins A2003-41 amdt 3.516
def owner sub A2015-19 s 149
def plumbing code ins A2006-15 amdt 1.40
sub A2009-26 s 7; A2013-31 s 88
def reasonably believes ins A2003-41 amdt 3.516
def reviewable decision ins A2008-37 amdt 1.559
def sanitary drain ins A2004-13 amdt 1.8
am A2006-15 amdt 1.41; A2013-31 s 89
def sanitary drainage work ins A2004-13 amdt 2.117
def sanitary plumbing ins A2004-13 amdt 1.8
def sanitary plumbing work ins A2004-13 amdt 2.117
def sewage ins A2004-13 amdt 2.118
def sewer om A2004-13 amdt 2.118
def site plan am A2013-19 amdt 3.488
def stormwater ins A2004-13 amdt 2.119
def this Act om A2003-41 amdt 3.517
def water appliance ins A2004-13 amdt 2.119
def water network sub A2004-13 amdt 2.119
def water service ins A2004-13 amdt 2.119
am A2006-15 amdt 1.42; A2013-31 s 90
def water supply plumbing work ins A2004-13 amdt 2.119
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 not amended 24 May 2001
2 A2001-44 12 September 2001
3 A2001-44 10 January 2002
4 A2002-11 30 May 2002
5 A2002-51 1 January 2003
6 A2003-41 9 October 2003
7 A2004-15 9 April 2004
8 A2004-15 1 September 2004
9 A2004-67 10 September 2004
10 A2005-34 27 July 2005
11 A2006-15 1 September 2006
12 A2006-42 16 November 2006
13 A2008-37 2 February 2009
14 A2009-26 31 January 2010
15 A2009-26 1 February 2011
16 A2011-22 1 July 2011
17 A2012-21 5 June 2012
18 A2013-19 14 June 2013
19 A2013-31 27 August 2013
20 A2013-31 1 September 2013
21 A2015-19 1 July 2015
22 A2015-33 14 October 2015
Endnotes
5 Earlier republications
page 54 Water and Sewerage Act 2000
Effective: 26/11/25
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Republication No Amendments to Republication date
23 A2018-33 23 October 2018
24 A2021-12 23 June 2021
25 A2022-14 24 August 2022
26 A2023-36 27 November 2023
27 A2023-55 12 December 2023
28 A2025-5 1 April 2025
© Australian Capital Territory 2025