Water and Sewerage Regulation 2001 (ACT)

This Regulation operationalises technical and administrative rules for plumbing, drainage and water-supply work in the Australian Capital Territory under the Water and Sewerage Act 2000. It prescribes what work must conform to the Plumbing Code of Australia and particular Australian Standards, prescribes mandatory testing, inspection and notification processes, sets technical minimums for toilets and water-efficiency fittings, creates specific duties around grey-water and rainwater systems, and establishes the documentary and review framework for plan approvals and certificates of compliance.

Mechanically, the Regulation requires that work on sanitary plumbing and sanitary drainage that communicates with the sewerage network comply with the plumbing code (s 6). Work on water services and hot-water systems taking water from the water network must also comply with the plumbing code and, in many cases, approved plans (s 18). Certifiers approve plans under the Act and the Regulation specifies the minimum content of notices of plan approval and when amendments do not require reconsideration (ss 7A, 7B). Licensees and other persons who do plumbing or drainage work must notify the construction occupations registrar when work is ready for inspection, keep work accessible for inspection for specified periods, and provide as-built or as-completed drainage or water-plumbing plans and evidence of payment of inspection fees within 7 days of completion (ss 8, 10, 19, 21).

The Regulation prescribes mandatory tests and standards to be used: sanitary plumbing and drains must be tested in accordance with AS/NZS 3500 before inspection approval (s 9(1)); water plumbing must be tested to the same standard (s 20(1)). Backflow prevention devices must comply with AS/NZS 2845 and testable devices must be tested to AS/NZS 2845.3; certifiers must require appropriate backflow prevention devices in plans when there is a risk to the potable supply (s 22). The National Construction Code series volumes that form part of the Plumbing Code of Australia are made part of the plumbing code by s 28.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Water and Sewerage Regulation 2001 SL2001-2 made under the Water and Sewerage Act 2000 Republication No 24 Effective: 26 November 2025 Republication date: 26 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Water and Sewerage Regulation 2001, made under 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).

R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Water and Sewerage Regulation 2001 made under the Water and Sewerage Act 2000 Contents Page Part 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Construction of standards consistent with regulation 2 5A Offences against regulation—application of Criminal Code etc 3 Part 2 Sanitary plumbing and sanitary drainage 6 Sanitary plumbing and sanitary drainage—work to conform to plumbing code 4 7 Work to conform to approved plan 4

Contents Page contents 2 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7A Notice of plan approval—Act, s 8 (5) 5 7B No reconsideration for plan amendment—Act, s 9 (3) 5 8 Notice to be given about work done 6 9 Testing of sanitary plumbing and drains 7 10 Notification after completion of work 7 12 Separate drainage systems 8 13 Disconnecting combined drainage systems 9 14 Cover to interceptor traps and accessholes 9 15 Rain and surface waters not to be discharged into sewers etc 10 16 Requirements for toilets—Act, s 17 (1) (b) 10 16A Building in separated sanitary drainage for grey water 12 16B Preservation of separated sanitary drainage for grey water 14 16C Overflow from grey water disposal system 14 16D Retrofitting backflow prevention devices 15 Part 3 Water supply 16E Water efficiency requirements—water supply and sanitary plumbing work—Act, s 17A (1) (b) 17 17 Notice about work on water service 18 18 Water supply—work to conform to plumbing code 18 19 Inspection of work etc 19 20 Testing of water plumbing 19 21 Notification after completion of work—water services 20 22 Backflow prevention device 20 23 Water pumping appliance not to be connected without permission 22 24 Connecting pipe with steam-boilers 23 24A Building in separated rainwater supply service 23 24B Installing rainwater supply service 25 Part 4 Certificates of compliance 25 Certificate of compliance 26 Part 5 Notification and review of decisions 26 Reviewable decisions—Act, s 44, def reviewable decision 27 27 Right of review and notice—Act, s 44A and s 44B (a) 27

Contents Page R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Plumbing code 28 Documents forming part of plumbing code—Act, s 44C (1), def plumbing code, par (b) 28 Schedule 1 Reviewable decisions 29 Dictionary 30 Endnotes 1 About the endnotes 33 2 Abbreviation key 33 3 Legislation history 34 4 Amendment history 37 5 Earlier republications 42

R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Water and Sewerage Regulation 2001 made under the Water and Sewerage Act 2000

Part 1 Preliminary Section 1 page 2 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Water and Sewerage Regulation 2001. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Construction of standards consistent with regulation (1) The standards mentioned in this regulation are to be applied in a way that is consistent with this regulation, unless the contrary appears from this regulation. (2) A standard is to be taken to be consistent with this regulation to the extent that it is capable of operating concurrently with this regulation.

Preliminary Part 1 Section 5A R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5A Offences against regulation—application of Criminal Code etc Other legislation applies to an offence against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1): • s 16A-s 16D • s 24A • s 24B The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Sanitary plumbing and sanitary drainage Section 6 page 4 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Sanitary plumbing and sanitary drainage 6 Sanitary plumbing and sanitary drainage—work to conform to plumbing code (1) A person must not do work on a sanitary plumbing system or sanitary drainage system that communicates with the sewerage system unless the work is done in accordance with the requirements of the plumbing code. Maximum penalty: 10 penalty units. (2) A person must not install plumbing and drainage products in a sanitary plumbing system or sanitary drainage system that communicates with the sewerage system unless the work is done in accordance with the requirements of the plumbing code. Maximum penalty: 10 penalty units. (3) Subsections (1) and (2) do not apply if— (a) the requirements of the plumbing code are inconsistent with standards mentioned in this regulation; and (b) the work was done in accordance with this regulation. 7 Work to conform to approved plan (1) A person must not do work on a sanitary plumbing system or a sanitary drainage system unless the work is done in accordance with the plan approved by the certifier under the Act, section 8 (Issue of plan approvals). Maximum penalty: 10 penalty units. (2) Subsection (1) does not apply to work on a sanitary plumbing system or a sanitary drainage system for a single residential building.

Sanitary plumbing and sanitary drainage Part 2 Section 7A R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7A Notice of plan approval—Act, s 8 (5) The notice must contain the following information: (a) the address of the land from which the raw or treated sewage, or by-product, is to be discharged; (b) the kind of discharge and how much is expected to be discharged; (c) the number and kind of sanitary fixtures that are likely to contribute to the discharge; (d) a description of any treatment or storage of the discharge before its discharge; (e) details of where and how the sewage will discharge, including details of any irrigation system, water reuse system, septic tanking system, absorption system, discharge into drainage systems or other discharge system. 7B No reconsideration for plan amendment—Act, s 9 (3) (1) A proposed amendment to a plan does not require reconsideration of the plan approval if the only amendment to the plan is to the length and alignment of pipework only. (2) However, subsection (1) does not apply if the amendment would— (a) change the point of connection of the pipework to an outlet, fixture or appliance; or (b) change the point of connection of the pipework to a sewage network or its primary water supply; or (c) increase the branching of the pipework; or (d) add a run of pipework not shown in the plan.

Part 2 Sanitary plumbing and sanitary drainage Section 8 page 6 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Notice to be given about work done (1) A person who does sanitary plumbing or sanitary drainage work must tell the construction occupations registrar when the work is ready for inspection. Maximum penalty: 10 penalty units. (2) A person who does sanitary plumbing or sanitary drainage work must leave the work uncovered and convenient for inspection until whichever of the following happens first: (a) the work is inspected and approved by an inspector; (b) an inspector advises the person that an inspection is not required; (c) if the work is sanitary plumbing work—the end of 2 working days after the construction occupations registrar was told that the work was ready for inspection. Maximum penalty: 5 penalty units. (3) However, subsection (2) does not apply to the covering of uninspected sanitary drainage work if— (a) the licensee responsible for the sanitary drainage work is satisfied on reasonable grounds that part of the work is being, or is about to be, significantly damaged by flooding caused by a storm; and (b) the part of the work is temporarily covered by the minimum amount of soil necessary to avoid the damage; and (c) if, during an inspection, the inspector requires any part of the temporary covering to be removed to assist inspection—the licensee— (i) removes the covering to the inspector’s satisfaction; or (ii) arranges for another inspection to take place after the covering is removed.

Sanitary plumbing and sanitary drainage Part 2 Section 9 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person who does sanitary plumbing or sanitary drainage work must, while the work is being done, keep on the premises a copy of the plan approval showing any minor variations to the approved plan. Maximum penalty: 10 penalty units. 9 Testing of sanitary plumbing and drains (1) Sanitary plumbing and drains must be tested in accordance with AS/NZS 3500— (a) before it is passed by an inspector; and (b) if a drain is altered or repaired—before the alterations or repairs are passed by an inspector. (2) If a person does sanitary plumbing or sanitary drainage work that is to be tested, the person must supply apparatus, tools, and labour for the test, whether or not any part of the test is to be done by an inspector. Maximum penalty: 5 penalty units. (3) A person who did sanitary plumbing or sanitary drainage work that is being tested must rectify any of the work that the test finds defective. Maximum penalty: 10 penalty units. (4) Sanitary plumbing or sanitary drainage work is to be taken not to be in accordance with the plumbing code if the person who did the work does not supply apparatus, tools, and labour sufficient to allow the work to be tested under this section. 10 Notification after completion of work (1) This section applies if— (a) sanitary plumbing or sanitary drainage work has been inspected and approved; or

Part 2 Sanitary plumbing and sanitary drainage Section 12 page 8 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) an inspector has advised the person who did the work that an inspection is not required. (2) A person who does sanitary plumbing or sanitary drainage work must, if satisfied that the work has been completed in accordance with this regulation and the plumbing code, within 7 days after completion of the work, give the construction occupations registrar— (a) a statement of the work completed; and (b) evidence of payment of inspection fees under this regulation; and (c) a copy of— (i) if the work relates to a single residential building— a drainage plan on which there is endorsed a certificate that the plan is a true record of the work carried out; or (ii) in any other case—an approved drainage plan on which there is endorsed a certificate that the plan is a true record of the work carried out. Note A certificate of compliance for plumbing or sanitary drainage work cannot be issued under s 25 unless the construction occupations registrar is satisfied that the work complies with this regulation. The registrar may only be able to be so satisfied if the statement, evidence and plan about the work has been given. 12 Separate drainage systems (1) The drainage of each dwelling or building must be separate from another dwelling or building. (2) Despite subsection (1), the construction occupations registrar may approve a combined drainage system, if satisfied that special reasons exist for doing so.

Sanitary plumbing and sanitary drainage Part 2 Section 13 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Disconnecting combined drainage systems (1) This section applies if— (a) the drainage system of a dwelling or building (the first dwelling or building) is combined with the drainage system of a dwelling or building on another parcel of land; and (b) the combined drainage system is in the other parcel of land; and (c) the combined drainage system was installed before 1 March 1999; and (d) significant work has to be done on the drainage system of the first dwelling or building. (2) A person doing significant work must— (a) disconnect the existing drainage pipes from the combined drainage system; and (b) if no separate drainage system is in place for the dwelling or building—install a separate system; and (c) connect the first dwelling or building to that drainage system. (3) In this section: significant work means work where— (a) drains to more than 1/2 the fixtures are altered; or (b) the number of fixtures is increased by more than 1/2. 14 Cover to interceptor traps and accessholes An interceptor trap and accesshole must— (a) be carried to ground level; and (b) be fitted at that level with approved cast-iron airtight covers.

Part 2 Sanitary plumbing and sanitary drainage Section 15 page 10 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Rain and surface waters not to be discharged into sewers etc (1) A person must not discharge, or allow to be discharged, any rainwater, surface water or stormwater into— (a) a sewerage network; or (b) a drain communicating with a sewerage network; or (c) a sanitary fixture or drainage apparatus used in connection with a drain mentioned in paragraph (b). Maximum penalty: 10 penalty units. (2) An inlet to a drain must be built and maintained in a way and at a level that prevents the flow of rainwater, surface water or stormwater into the drain. (3) A person may apply in writing to the responsible utility for an exemption from subsection (1). (4) The responsible utility may exempt a person from compliance with subsection (1) only if satisfied that the pollution and the volume of water that would enter the network, drain, fixture or apparatus would not detrimentally affect the sewerage system. (5) Subsection (1) does not apply to a person who is exempt under this section. (6) For this section, if rainwater, surface water or stormwater is part of a water service or hot-water system, the water is taken to not be rainwater, surface water or stormwater. 16 Requirements for toilets—Act, s 17 (1) (b) (1) The following requirements are prescribed: (a) if a closet pan and cistern are to be installed—the pan must be a reduced-flush closet pan and the cistern a dual-flush reduced volume cistern;

Sanitary plumbing and sanitary drainage Part 2 Section 16 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if a closet pan only is to be installed—the pan must be a reduced-flush closet pan; (c) if a cistern is to be installed that is connected to an existing full-flush closet pan—the cistern must be a separate dual-flush cistern that— (i) is of at least 11L capacity; and (ii) gives an effective full-flush not larger than 10L, and for test purposes, 9L; and (iii) gives an effective half-flush not larger than 5.5L, and for test purposes, 4.5L; (d) if a cistern is to be installed that is connected to an existing reduced-flush closet pan—the cistern must be a dual-flush reduced volume cistern; (e) if a closet pan is to be flushed with water drawn from a central storage cistern installed before 1 January 1994 and— (i) the pan is a full-flush closet pan—the pan must be flushed with an effective full-flush not exceeding 10L and for test purposes, 9L; or (ii) the pan is a reduced-flush closet pan—the pan must be flushed with an effective full-flush not exceeding 10L and for test purposes, either 6L or 9L; (f) the pan may be flushed with a half-flush of at least 4.5L and not exceeding 5.5L if a full-flush closet pan is to be flushed— (i) with water drawn from a central storage cistern; and (ii) by control fittings that allow the user to decide whether to give a full-flush or half-flush; (g) the pan may be flushed with a half-flush of at least 3L and not exceeding 4L if a reduced-flush closet pan is to be flushed— (i) with water drawn from a central storage cistern; and

Part 2 Sanitary plumbing and sanitary drainage Section 16A page 12 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) by control fittings that allow the user to decide whether to give a full-flush or half-flush; (h) if a central storage cistern installation is to be installed— (i) reduced-flush closet pans must be installed; and (ii) control fittings must be installed that automatically control the amount of water used in a way that each flush uses— (A) on a full-flush—at least 6L and not exceeding 7L; or (B) on a half-flush—at least 3L and not exceeding 4L. (2) In this section: dual-flush reduced volume cistern means a cistern that has the capacity to— (a) give an effective full-flush not exceeding 7L and for test purposes 6L; and (b) give an effective half-flush not exceeding 4L and for test purposes 3L. full-flush closet pan means a closet pan that is a full-flush pan under AS 1172, as in force from time to time. reduced-flush closet pan means a closet pan that is a reduced-flush pan under AS 1172, as in force from time to time. 16A Building in separated sanitary drainage for grey water (1) This section applies to sanitary drainage work or sanitary plumbing work— (a) done in relation to the erection, or extension of the floor area, of a single residential building (other than a building or part of a building that is a garage) (the building); and

Sanitary plumbing and sanitary drainage Part 2 Section 16A R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for a sanitary drain or sanitary plumbing (applicable sanitary drainage or plumbing) from a separated grey water waste fixture that is located on— (i) a ground floor of the building; or (ii) a floor of the building that does not have a lower floor directly below the waste fixture; and (c) that is not, or is not to be, supplied with pumped sewage. (2) A licensee commits an offence if— (a) the licensee installs applicable sanitary drainage or plumbing to which this section applies; and (b) the applicable sanitary drainage or plumbing does not drain to a grey water point. Maximum penalty: 10 penalty units. (3) A licensee commits an offence if— (a) the licensee installs applicable sanitary drainage or plumbing to which this section applies that drains to a grey water point; and (b) a sanitary drain or sanitary plumbing (additional sanitary drainage or plumbing) is connected to the applicable sanitary drainage or plumbing between the separated grey water waste fixture and the grey water point; and (c) the additional sanitary drainage or plumbing is connected to a sanitary fixture that is not a separated grey water waste fixture. Maximum penalty: 10 penalty units. (4) An offence against this section is a strict liability offence.

Part 2 Sanitary plumbing and sanitary drainage Section 16B page 14 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16B Preservation of separated sanitary drainage for grey water (1) This section applies to a sanitary drain or sanitary plumbing in a single residential building if the only sanitary fixtures connected to the drain or plumbing are separated grey water waste fixtures. (2) A licensee commits an offence if— (a) the licensee connects a sanitary drain or sanitary plumbing (additional sanitary drainage or plumbing) to a sanitary drain or sanitary plumbing to which this section applies between a separated grey water waste fixture and a grey water point; and (b) the additional sanitary drainage or plumbing is connected to a sanitary fixture that is not a separated grey water waste fixture. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. Example In a single residential building, there is a sanitary drain connected only to the bath, the hand basin in the bathroom, a shower and the laundry tub (all separated grey water waste fixtures). Jodie, a licensee, connects the kitchen sink (not a separated grey water waste fixture) to the drain at a point between the laundry tub and a grey water point. The connection of the kitchen sink to the drain is an offence against this section. 16C Overflow from grey water disposal system (1) This section applies to sanitary drainage work or sanitary plumbing work— (a) to install a grey water disposal system; or (b) to change a grey water disposal system— (i) to change the location of a discharge point; or (ii) to increase the number of sanitary fixtures served by the system; or

Sanitary plumbing and sanitary drainage Part 2 Section 16D R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) to reduce the amount of grey water that the system can store or dispose of; or (iv) to change the method of storage or disposal of grey water. (2) However, this section applies in relation to a grey water disposal system for premises only if the premises are, or are to be, connected to a sewerage network. (3) A licensee commits an offence if— (a) the licensee does sanitary drainage work or sanitary plumbing work to which this section applies in relation to a grey water disposal system; and (b) the system as installed or changed does not provide for grey water to drain automatically to a sewerage network if— (i) the system is obstructed; or (ii) the system receives more grey water than the system can properly dispose of; or (iii) the system overflows. Maximum penalty: 10 penalty units. (4) An offence against this section is a strict liability offence. 16D Retrofitting backflow prevention devices (1) This section applies to sanitary drainage work or sanitary plumbing work (applicable work)— (a) to install a grey water disposal system; or (b) to change a grey water disposal system— (i) to change the location of a discharge point; or (ii) to increase the number of sanitary fixtures served by the system; or

Part 2 Sanitary plumbing and sanitary drainage Section 16D page 16 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) to change the method of storage or disposal of grey water. (2) A licensee commits an offence if— (a) the licensee does applicable work at particular premises; and (b) the licensee does not ensure that a backflow prevention device that complies with AS/NZS 2845, as in force from time to time, is, or has been, installed in compliance with the plumbing code as part of the water supply plumbing for the premises. Maximum penalty: 10 penalty units. (3) For subsection (2), AS/NZS 3500 applies as if the work on the grey water disposal system were completed and the system were being used to its maximum intended capacity. (4) An offence against this section is a strict liability offence.

Water supply Part 3 Section 16E R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Water supply 16E Water efficiency requirements—water supply and sanitary plumbing work—Act, s 17A (1) (b) (1) The following requirements are prescribed: (a) for domestic water supply plumbing work involving the installation of, or work on, a shower—the shower head must have a maximum flow capacity of not more than 9L per minute; (b) for domestic water supply plumbing work involving the installation of, or work on, a tap for a kitchen or laundry sink or any other basin inside a building—the outlet of the tap must have a maximum flow capacity of not more than 9L per minute. (2) The maximum flow capacity mentioned in subsection (1) must be worked out using AS/NZS 6400 as in force from time to time. Note AS/NZS 6400 does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Act, s 44D). The standard may be purchased at www.standards.org.au. (3) Subsection (1) (b) does not apply to domestic water supply plumbing work involving the installation of, or work on, a tap for a kitchen or laundry sink or any other basin inside a building if— (a) the tap is in part of the building used, or for use, mainly for business; or (b) the usual pressure of water that is, or is to be, supplied to the building is less than 50kPa. Example a home on a farm supplied with bore water at a pressure less than 50kPa (4) In this section: domestic—water supply plumbing work or sanitary plumbing work is domestic if it is work in relation to premises used, or for use, for residential purposes.

Part 3 Water supply Section 17 page 18 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Notice about work on water service A notice under the Act, section 15 (Notice of water supply plumbing work by licensee) about intending to do work on a pipe connected to a property service of not less than 50mm diameter must be accompanied by a scale plan— (a) stating the address of the premises where the work is to be done; and (b) showing the position on the premises where it is intended to lay the pipes and fix meters, plugs, stop taps, and other fittings to the pipes. 18 Water supply—work to conform to plumbing code (1) A person must not do work on a water service or hot-water system taking its water from a water network unless the work is done— (a) in accordance with the plumbing code; and (b) if the work was done on a pipe connected to a property service of not less than 50mm diameter—in accordance with the plan approved by the certifier under the Act, section 8 (Issue of plan approvals). Maximum penalty: 10 penalty units. (2) Subsection (1) does not apply if— (a) the requirements of the plumbing code are inconsistent with standards mentioned in this regulation; and (b) the work was done in accordance with this regulation.

Water supply Part 3 Section 19 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Inspection of work etc (1) A person who does work on a water service or hot-water system must tell the construction occupations registrar when the work is ready for inspection. Maximum penalty: 10 penalty units. (2) A person who does work on a water service or hot-water system must leave the work uncovered and convenient for inspection until whichever of the following happens first: (a) the work is inspected and approved by an inspector; (b) an inspector advises the person that an inspection is not required; (c) the end of 2 working days after the construction occupations registrar was told that the work was ready for inspection. Maximum penalty: 5 penalty units. 20 Testing of water plumbing (1) Water plumbing must be tested in accordance with AS/NZS 3500— (a) before it is passed by an inspector; and (b) if plumbing is altered or repaired—before the alterations or repairs are passed by an inspector. (2) A person who does plumbing work that is to be tested, must supply the apparatus, tools and labour for the test, whether or not any part of the test is to be done by an inspector. Maximum penalty: 5 penalty units. (3) A person who did plumbing work that is being tested must rectify any of the work that the test finds defective. Maximum penalty: 10 penalty units.

Part 3 Water supply Section 21 page 20 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Plumbing work is to be taken not to be in accordance with the plumbing code if the person who did the work does not supply apparatus, tools and labour sufficient to allow the work to be tested under this section. 21 Notification after completion of work—water services A person who does work on a water service or hot-water system must, if satisfied that the work has been completed in accordance with this regulation and the plumbing code, within 7 days after completion of the work, give the construction occupations registrar — (a) a statement of the work completed; and (b) evidence of payment of inspection fees under this regulation; and (c) if the work is done on a pipe connected to a property service of not less than 50mm diameter—a copy of a water plumbing plan on which there is endorsed a certificate that the plan is a true record of the work carried out. Note A certificate of compliance for water plumbing work cannot be issued under s 25 unless the construction occupations registrar is satisfied that the work complies with this regulation. The registrar may only be able to be so satisfied if the statement, evidence and plan about the work has been given. 22 Backflow prevention device (1) This section applies if a certifier has reasonable grounds for believing that, by doing work of the kind mentioned in section 19 (Inspection of work etc), non-potable liquids, solids or gases may get into the potable water supply of the Territory.

Water supply Part 3 Section 22 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A certifier must not, without reasonable excuse, approve a plan for the work unless— (a) the plan includes the installation of an appropriate backflow prevention device for protecting the potable water supply from non-potable liquids, solids or gases; or (b) the certifier has certified on the plan that, in the certifier’s opinion, the installation is not required. Maximum penalty: 5 penalty units. (3) A person must not install a backflow prevention device except in accordance with the plumbing code. Maximum penalty: 10 penalty units. (4) A person who installs a testable backflow prevention device must— (a) tell the construction occupations registrar that the device has been installed; and (b) ensure that the device is tested by a suitably qualified person in accordance with AS/NZS 2845.3, as soon as practicable after installation; and (c) within 7 days after the device is tested, give the registrar a test report prepared by the person who did the test. Maximum penalty: 10 penalty units. (5) The owner of a parcel of land on which a testable backflow prevention device is installed must— (a) cause the device to be tested by a suitably qualified person in accordance with AS/NZS 2845.3; and

Part 3 Water supply Section 23 page 22 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) within 7 days after the device is tested, give the construction occupations registrar a test report prepared by the person who did the test. Maximum penalty: 10 penalty units. (6) For subsection (5)— (a) if maintenance or repair work has been done on a testable backflow prevention device—it must be tested within 7 days after the work was done; or (b) in any other case—it must be tested within 12 months after the last test was done on the device under this section. (7) In this section: appropriate backflow prevention device means a backflow prevention device that complies with AS/NZS 2845, as in force from time to time. suitably qualified person means a person who holds a current plumbers licence that is endorsed under the Construction Occupations (Licensing) Regulation 2004, section 31 (Endorsing plumbers licences for backflow prevention device test work—Act, s 22). 23 Water pumping appliance not to be connected without permission (1) A person must not connect a water pumping appliance to a pipe that is connected indirectly to the water network without the permission of the responsible utility. Maximum penalty: 10 penalty units. (2) In this section: cooling appliance means an apparatus or appliance that uses water in the process of cooling premises.

Water supply Part 3 Section 24 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au water pumping appliance includes an automatic syphon, a hand syphon, cooling appliance, water circulation apparatus and water power pumping appliance. 24 Connecting pipe with steam-boilers (1) A person must not connect a service pipe directly to a steam-boiler for feeding the boiler with water. Maximum penalty: 10 penalty units. (2) A person who makes a connection for feeding a steam-boiler with water must make the connection to the boiler from a break tank. Maximum penalty: 10 penalty units. 24A Building in separated rainwater supply service (1) This section applies to water supply plumbing work— (a) for a single residential building or a garage associated with a single residential building; and (b) in relation to a water service directly connected to a cistern tap point or a washing machine tap point. (2) However, this section does not apply to water supply plumbing work for— (a) a hot-water system; or (b) a ceramic cistern manufactured with provision for only 1 water inlet pipe; or (c) a building that has, or will have, rainwater as its only source of water. (3) A licensee commits an offence if— (a) the licensee connects a water service to a cistern tap point (the first cistern tap point) in the course of the water supply plumbing work; and

Part 3 Water supply Section 24A page 24 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the licensee does not also install water supply plumbing that can connect a rainwater supply to an additional cistern tap point (the additional cistern tap point) in compliance with subsection (5). Maximum penalty: 10 penalty units. (4) A licensee commits an offence if— (a) the licensee connects a water service to a washing machine tap point (the first washing machine tap point) in the course of the water supply plumbing work; and (b) the licensee does not also install water supply plumbing that can connect a rainwater supply to an additional washing machine tap point (the additional washing machine tap point) in compliance with subsection (5). Maximum penalty: 10 penalty units. (5) The additional cistern tap point or additional washing machine tap point must— (a) be adjacent to the first cistern tap point or first washing machine tap point; and (b) if the additional tap point is not fitted with a tap— (i) be connected to a threaded pipe fitting that has the same dimensions and thread characteristics as the first cistern tap point or first washing machine tap point; and (ii) be provided with a cover ring or flange that matches as closely as possible the dimensions, shape, finish and colour of the cover ring or flange (if any) on the first cistern tap point or first washing machine tap point; and (c) if the additional tap point is fitted with a tap—be fitted with a tap that matches as closely as possible the model, size, thread characteristics, type and appearance of the tap (if any) fitted to the first cistern tap point or first washing machine tap point.

Water supply Part 3 Section 24B R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) An offence against this section is a strict liability offence. 24B Installing rainwater supply service (1) Section 18, section 19 and section 21 apply to work done on a rainwater supply service as if— (a) a reference in this regulation to a water service were a reference to a rainwater supply service; and (b) the rainwater supply service took its water from a water network. (2) A licensee commits an offence if— (a) the licensee installs a rainwater supply service; and (b) the service is not connected to a rainwater supply; and (c) each outlet and inlet, including any associated tap outlet, is not sealed and capped with a screw-on cap mated to— (i) a threaded pipe fitting connected to the pipe; or (ii) a washing machine tap outlet thread. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. (4) In this section: rainwater supply service means water supply plumbing that can connect a rainwater supply to— (a) a cistern tap point; or (b) a washing machine tap point.

Part 4 Certificates of compliance Section 25 page 26 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Certificates of compliance 25 Certificate of compliance (1) The owner of premises may apply, in writing, to the construction occupations registrar for a certificate of compliance for plumbing or sanitary drainage work. (2) The construction occupations registrar must issue a certificate of compliance if satisfied that the plumbing or sanitary drainage work complies with this regulation. (3) A person must not use plumbing or sanitary drainage work unless a certificate of compliance has been issued for the work. Maximum penalty (subsection (3)): 10 penalty units.

Notification and review of decisions Part 5 Section 26 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Notification and review of decisions 26 Reviewable decisions—Act, s 44, def reviewable decision A decision mentioned in schedule 1, column 3 under a provision mentioned in column 2 in relation to the decision is prescribed. 27 Right of review and notice—Act, s 44A and s 44B (a) An entity mentioned in schedule 1, column 4 is prescribed.

Part 6 Plumbing code Section 28 page 28 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Plumbing code 28 Documents forming part of plumbing code—Act, s 44C (1), def plumbing code, par (b) A volume of the National Construction Code series is prescribed if the volume— (a) is published by the Australian Building Codes Board from time to time; and (b) includes a notation that it forms part of the Plumbing Code of Australia. Note The National Construction Code does not need to be notified under the Legislation Act because s 47 (5) and (6) does not apply (see Act, s 44D and Legislation Act, s 47 (7)). The National Construction Code is accessible at www.ncc.abcb.gov.au.

Reviewable decisions Schedule 1 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see s 26 and s 27) column 1 item column 2 section column 3 decision column 4 entity 1 Act, 22 (2) give direction to do work owner given direction 2 Act, 32 (4) give direction to take stated action entity given direction 3 15 (4) refuse to give exemption applicant for exemption 4 25 refuse to issue certificate of compliance applicant for certificate of compliance

Dictionary page 30 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions relevant to this regulation. For example: • AS (see s 164) • AS/NZS (see s 164) • the Territory. Note 2 Terms used in this regulation have the same meaning that they have in the Water and Sewerage Act 2000 (see Legislation Act, s 148). For example, the following terms are defined in the Water and Sewerage Act 2000, dict: • backflow prevention device • grey water • hot-water system • land sublease • licensee • owner • sanitary drainage work • sanitary plumbing work • sewerage network • single residential building • water service • water supply plumbing work. AS 1172 means AS 1172 (Water closets (WC)—Pans), as in force from time to time. Note AS 1172 may be purchased at www.standards.org.au. AS/NZS 2845 means AS/NZS 2845.1: 2010 (Water supply— Backflow prevention devices—Materials, design and performance requirements), as in force from time to time. Note AS/NZS 2845 may be purchased at www.standards.org.au.

Dictionary R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au AS/NZS 2845.3 means AS/NZS 2845.3 (Water supply—Backflow prevention devices—Field testing and maintenance of testable devices), as in force from time to time. Note AS 2845.3 may be purchased at www.standards.org.au. AS/NZS 3500 means AS/NZS 3500 (Plumbing and drainage set), as in force from time to time. Note AS/NZS 3500 may be purchased at www.standards.org.au. cistern tap point means a point on water supply plumbing where a tap for a cistern is, or can be, connected. grey water disposal system means any of the following systems, if the system is not connected to a sewerage network apart from any drainage mentioned in section 16C (3) (b): (a) a reservoir or tank that is, or can be, used to store grey water; (b) a pipe or conduit that is, or can be, used to discharge grey water into the environment. Note For the meaning of sewerage network, see the Utilities Act 2000, s 14 (see Water and Sewerage Act 2000, dict). grey water point means a point on a sanitary drain or sanitary plumbing— (a) that is located outside and clear of any building or structure; and (b) from which grey water may flow by gravity to a grey water holding vessel, whether directly or through pipework draining; and (c) from which a grey water holding vessel or pipework draining mentioned in paragraph (b) can be connected without changing the location of the sanitary drain or sanitary plumbing. parcel, of land, includes land under a land sublease. rainwater point means a point on rainwater supply service— (a) that is located on the exterior of the building it serves; and

Dictionary page 32 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) from which rainwater may flow, using a pump if required, from a rainwater tank to a washing machine tap point or a cistern, whether directly or through pipework draining; and (c) from which the washing machine tap point or cistern mentioned in paragraph (b) can be connected without demolishing, cutting or removing anything other than a pipe, cap or hatch to gain access to the rainwater point, or relocating the rainwater point. separated grey water waste fixture means— (a) a bath, including a spa bath; or (b) a hand basin other than a kitchen sink; or (c) a laundry tub; or (d) a shower; or (e) a floor waste for a room that contains no sanitary fixtures other than those mentioned in paragraphs (a), (b), (c) and (d). washing machine tap point means a point on water supply plumbing where a cold water tap for a clothes washing machine is, or can be, connected.

Endnotes About the endnotes 1 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 3 Legislation history page 34 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Water and Sewerage Regulations 2001. It was renamed under the Legislation Act 2001. Water and Sewerage Regulation 2001 SL2001-2 notified 25 January 2001 (Gaz 2001 No 4) s 1, s 2 commenced 25 January 2001 (IA s 10B) remainder commenced 25 January 2001 (s 2 and Gaz 2001 No 4) (but see IA s 10C (2)) as amended by Legislation (Consequential Amendments) Act 2001 A2001-44 pt 414 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 414 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2002 A2002-30 pt 3.92 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.92 commenced 17 September 2002 (s 2 (1)) Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 1 pt 1.4, sch 2 pt 2.28 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.4, sch 2 pt 2.28 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Water and Sewerage Amendment Regulations 2004 (No 1) SL2004-45 notified LR 8 September 2004 s 1, s 2 commenced 8 September 2004 (LA s 75 (1)) remainder commenced 1 January 2005 (s 2) Water and Sewerage Amendment Act 2004 A2004-67 pt 3 notified LR 9 September 2004 s 1, s 2 commenced 9 September 2004 (LA s 75 (1)) pt 3 commenced 10 September 2004 (s 2)

Endnotes Legislation history 3 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Construction Occupations Legislation Amendment Act 2005 A2005-34 sch 1 pt 1.6 notified LR 6 July 2005 s 1, s 2 commenced 6 July 2005 (LA s 75 (1)) sch 1 pt 1.6 commenced 27 July 2005 (s 2) Water and Sewerage Amendment Regulation 2005 (No 1) SL2005-16 notified LR 29 July 2005 s 1, s 2 commenced 29 July 2005 (LA s 75 (1)) remainder commenced 30 July 2005 (s 2) Water and Sewerage Amendment Regulation 2005 (No 2) SL2005-25 notified LR 27 September 2005 s 1, s 2 commenced 27 September 2005 (LA s 75 (1)) remainder commenced 28 September 2005 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.107 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.107 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 3 notified LR 8 September 2009 s 1, s 2 commenced 8 September 2009 (LA s 75 (1)) pt 3 commenced 31 January 2010 (s 2) Building Legislation Amendment Regulation 2010 (No 1) SL2010-15 pt 3 notified LR 3 May 2010 s 1, s 2 commenced 3 May 2010 (LA s 75 (1)) pt 3 commenced 4 May 2010 (s 2) Building Legislation Amendment Regulation 2010 (No 2) SL2010-21 pt 3 notified LR 31 May 2010 s 1, s 2 commenced 31 May 2010 (LA s 75 (1)) pt 3 commenced 1 June 2010 (s 2)

Endnotes 3 Legislation history page 36 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.173 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.173 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.52 notified LR 24 May 2013 s 1, s 2 commenced 24 May 2013 (LA s 75 (1)) sch 3 pt 3.52 commenced 14 June 2013 (s 2) Construction and Energy Efficiency Legislation Amendment Act 2013 A2013-31 pt 11 notified LR 26 August 2013 s 1, s 2 commenced 26 August 2013 (LA s 75 (1)) ss 97-99 commenced 27 August 2013 (s 2 (3)) pt 11 remainder commenced 1 September 2013 (s 2 (1)) Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015-19 pt 24 notified LR 11 June 2015 s 1, s 2 commenced 11 June 2015 (LA s 75 (1)) pt 24 commenced 1 July 2015 (s 2 and CN2015-9) Building and Construction Legislation Amendment Regulation 2023 (No 1) SL2023-7 pt 4 notified LR 28 April 2023 s 1, s 2 commenced 28 April 2023 (LA s 75 (1)) pt 4 commenced 1 May 2023 (s 2 (1)) Building and Construction Legislation Amendment Act 2025 A2025-5 pt 9 notified LR 31 March 2025 s 1, s 2 commenced 31 March 2025 (LA s 75 (1)) pt 9 commenced 1 April 2025 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.104 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.104 commenced 26 November 2025 (s 2 (3))

Endnotes Amendment history 4 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of regulation s 1 am R6 LA Commencement s 2 om A2001-44 amdt 1.4284 Notes s 4 am A2001-44 amdt 1.4285 Offences against regulation—application of Criminal Code etc s 5A ins SL2004-45 s 4 Sanitary plumbing and sanitary drainage—work to conform to plumbing code s 6 hdg sub A2013-31 s 91 s 6 am A2004-13 amdt 2.122; A2013-19 amdt 3.489; A2013-31 ss 92-94 Notice of plan approval—Act, s 8 (5) s 7A ins A2004-13 amdt 2.123 No reconsideration for plan amendment—Act, s 9 (3) s 7B ins A2004-13 amdt 1.9 Notice to be given about work done s 8 am A2004-13 amdt 1.10, amdt 2.131; ss renum R4 LA (see A2004-13 amdt 1.11) Testing of sanitary plumbing and drains s 9 am A2013-19 amdts 3.489-3.491; A2013-31 s 95 Notification after completion of work s 10 am A2004-13 amdt 2.131, amdt 2.132; A2013-19 amdt 3.491; A2013-31 s 96 Unblocking of drain by owner of land s 11 om A2004-13 amdt 2.124 Separate drainage systems s 12 am A2004-13 amdt 2.131 Rain and surface waters not to be discharged into sewers etc s 15 am A2004-13 amdt 1.12 Requirements for toilets—Act, s 17 (1) (b) s 16 sub A2004-13 amdt 2.125 am A2013-31 ss 97-99

Endnotes 4 Amendment history page 38 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Building in separated sanitary drainage for grey water s 16A s 16A ins A2004-67 s 6 renum as s 16E ins SL2004-45 s 5 Preservation of separated sanitary drainage for grey water s 16B ins SL2004-45 s 5 am R23 LA (see also A2025-29 amdt 3.364) Overflow from grey water disposal system s 16C ins SL2004-45 s 5 am R23 LA (see also A2025-29 amdt 3.365) Retrofitting backflow prevention devices s 16D ins SL2004-45 s 5 am A2013-19 amdt 3.492; A2013-31 s 100 Water efficiency requirements—water supply and sanitary plumbing work —Act, s 17A (1) (b) s 16E (prev s 16A) ins A2004-67 s 6 renum as s 16E R5 LA (5)-(8) exp 1 July 2005 (s 16E (8)) ss renum R8 LA am SL2005-16 s 4; SL2005-25 s 4 ss (6)-(9) exp 1 July 2006 (s 16E (9)) am A2025-5 s 40, s 41 Water supply—work to conform to plumbing code s 18 hdg sub A2013-31 s 101 s 18 am A2004-13 amdt 2.126, amdt 2.127; A2013-19 amdt 3.493; A2013-31 s 102, s 103 Inspection of work etc s 19 am A2004-13 amdt 2.131 Testing of water plumbing s 20 am A2013-19 amdts 3.493-3.495; A2013-31 s 104 Notification after completion of work—water services s 21 am A2004-13 amdt 2.131, amdt 2.132; A2013-19 amdt 3.495; A2013-31 s 105 Backflow prevention device s 22 am A2004-13 amdt 2.128, amdt 2.129, amdt 2.131, amdt 2.132; ss renum R4 LA (see A2004-13 amdt 2.130); A2013-19 amdt 3.492; A2013-31 s 106, s 107 Building in separated rainwater supply service s 24A ins SL2004-45 s 6

Endnotes Amendment history 4 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Installing rainwater supply service s 24B ins SL2004-45 s 6 Certificates of compliance pt 4 hdg sub SL2023-7 s 16 Certificate of compliance s 25 am A2004-13 amdt 2.131 Notification and review of decisions pt 5 hdg ins SL2023-7 s 17 Reviewable decisions—Act, s 44, def reviewable decision s 26 am A2004-13 amdt 2.131 sub A2008-37 amdt 1.560 Right of review and notice—Act, s 44A and s 44B (a) s 27 am A2004-13 amdt 2.131 sub A2008-37 amdt 1.560 Plumbing code pt 6 hdg ins SL2023-7 s 18 Documents forming part of plumbing code—Act, s 44C (1), def plumbing code, par (b) s 28 ins A2009-26 s 9 om A2013-31 s 108 ins SL2023-7 s 18 Reviewable decisions sch 1 ins A2008-37 amdt 1.561 Hot-water system standard sch 2 hdg ins A2009-26 s 10 om A2013-31 s 109 Definitions—sch 2 s 2.1 ins A2009-26 s 10 om A2013-31 s 109 def building ins A2009-26 s 10 om A2013-31 s 109 def class ins A2009-26 s 10 om A2013-31 s 109 Compliant hot-water systems s 2.2 ins A2009-26 s 10 om SL2010-15 s 26

Endnotes 4 Amendment history page 40 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Water heater—installation s 2.3 hdg sub SL2010-15 s 27 s 2.3 ins A2009-26 s 10 am SL2010-15 ss 28-31; SL2010-21 s 6; A2013-19 amdts 3.497-3.501 om A2013-31 s 109 Water heater—determination of other water heaters s 2.4 ins A2009-26 s 10 sub SL2010-15 s 32 om A2013-31 s 109 Water heater—frost protection standard s 2.5 ins A2009-26 s 10 sub SL2010-15 s 32 om A2013-31 s 109 Hot-water system—water flow performance standard s 2.6 ins A2009-26 s 10 am SL2010-15 ss 33-35 om A2013-31 s 109 Dictionary dict am A2002-30 amdt 3.992; SL2004-45 s 7; A2005-34 amdt 1.54; A2009-26 s 11, s 12; A2011-22 amdt 1.480; A2013-19 amdt 3.502; A2013-31 s 110; A2015-19 s 150; A2025-29 amdt 3.366, amdt 3.367 def AS 1172 ins A2013-19 amdt 3.503 def AS/NZS 2845 ins A2013-19 amdt 3.505 def AS/NZS 2845.3 ins A2013-19 amdt 3.504 def AS/NZS 3500 ins A2013-31 s 111 def Australian Standard 1172 om A2013-19 amdt 3.506 def Australian Standard 2845.3 om A2013-19 amdt 3.506 def Australian Standard 3500 ins SL2004-45 s 8 om A2005-34 amdt 1.55 def building ins A2009-26 s 13 om A2013-31 s 112 def cistern tap point ins SL2004-45 s 8 def class ins A2009-26 s 13 om A2013-31 s 112 def compliant gas hot-water system ins A2009-26 s 13 om SL2010-15 s 36 def compliant heat pump hot-water system ins A2009-26 s 13 om SL2010-15 s 36 def compliant solar hot-water system ins A2009-26 s 13 om SL2010-15 s 36 def grey water disposal system ins SL2004-45 s 8

Endnotes Amendment history 4 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def grey water point ins SL2004-45 s 8 def hot-water system standard ins A2009-26 s 13 om A2013-31 s 112 def parcel ins A2015-19 s 151 def rainwater point ins SL2004-45 s 8 def separated grey water waste fixture ins SL2004-45 s 8 def the Act om A2001-44 amdt 1.4286 def washing machine tap point ins SL2004-45 s 8

Endnotes 5 Earlier republications page 42 Water and Sewerage Regulation 2001 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 15 June 2001 2 A2001-44 12 September 2001 3 A2002-30 3 October 2002 4 A2004-13 1 September 2004 5 A2004-67 10 September 2004 6 A2004-67 2 November 2004 7 A2004-67 1 January 2005 8 A2004-67 2 July 2005 9 A2005-34 27 July 2005 10 SL2005-16 30 July 2005 11 SL2005-25 28 September 2005 12 SL2005-25 2 July 2006 13 A2008-37 2 February 2009 14 A2009-26 31 January 2010 15 SL2010-15 4 May 2010 16 SL2010-21 1 June 2010 17 A2011-22 1 July 2011 18 A2013-19 14 June 2013 19 A2013-31 27 August 2013 20 A2013-31 1 September 2013 21 A2015-19 1 July 2015

Endnotes Earlier republications 5 R24 26/11/25 Water and Sewerage Regulation 2001 Effective: 26/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No Amendments to Republication date 22 SL2023-7 1 May 2023 23 A2025-5 1 April 2025 © Australian Capital Territory 2025

This Regulation is organised around three interlocking regulatory concepts: technical conformity to a plumbing code and standards; administrative controls through plans, inspections and certificates; and targeted behavioural rules for water efficiency, grey-water and rainwater systems.

Technical conformity to standards and the plumbing code. The Regulation requires work affecting sanitary plumbing, sanitary drainage and water supply to be carried out in accordance with the plumbing code (ss 6, 18). It expressly brings specific Australian Standards into play: AS/NZS 3500 for plumbing and drainage testing (ss 9(1), 20(1)); AS/NZS 2845 and AS/NZS 2845.3 for backflow prevention device performance, testing and maintenance (s 22; dictionary); AS 1172 for classifying closet pans under the toilet requirements (s 16(2)); and AS/NZS 6400 for measuring tap and shower flow capacities (s 16E(2)). Section 5 standardises construction: standards mentioned must be applied consistently with the Regulation.
Administrative sequencing: notices, inspections and certificates. Licensees must notify the construction occupations registrar when work is ready for inspection (s 8(1), s 19(1)). Work must remain uncovered and accessible until inspected or, in many cases, until 2 working days have passed after notification (s 8(2), s 19(2)). On completion, within 7 days the person who did the work must give the registrar a statement of work, evidence of payment of inspection fees and a certified plan showing the work as carried out (s 10(2), s 21). The owner can apply to the registrar for a certificate of compliance and the registrar must issue one if satisfied the work complies (s 25). Use of plumbing or sanitary drainage work without a certificate of compliance is an offence (s 25(3)).
Water-efficiency and source separation rules. The Regulation prescribes water-efficiency hardware and flow limits. Toilet pans and cisterns must meet reduced-flush and dual-flush characteristics, with detailed volume caps and test requirements set out in s 16. Domestic shower heads and internal basin taps are capped at a maximum flow of 9 L/min (s 16E(1)). The Regulation creates a structured approach to source separation: grey-water fixtures in single residential buildings must be drained to separated grey-water systems and preserved from cross-connections; grey water disposal systems must provide automatic drainage to the sewer if obstructed or over capacity (ss 16A-16C). For rainwater, the Regulation requires provision for an additional cistern or washing-machine tap point to allow future connection to rainwater (s 24A) and requires rainwater supply services not connected to a rainwater supply to be sealed and capped (s 24B(2)).
Risk-control for potable supplies. Certifiers must include appropriate backflow prevention devices in plans when non-potable liquids, solids or gases might enter the potable supply (s 22(1)-(2)). Installers of testable backflow devices must ensure testing and submit test reports within 7 days (s 22(4)), and owners must maintain a testing regime, at least annually or sooner after maintenance (s 22(5)-(6)). The Regulation defines “appropriate backflow prevention device” by reference to AS/NZS 2845 (s 22(7) and dictionary).
Reviewability and decision-making. The Regulation prescribes which administrative decisions are reviewable under the Act and by which entities (s 26-27, schedule 1). Schedule 1 lists specific decisions (for example, refusing to issue a certificate of compliance, s 25) and the entity that may seek review.

These concepts combine to create a compliance chain where certified plans, licenced practitioners, standard-based testing, timely notification and documented as-built records are the operational levers used by the regulator to control risk to public health, the sewerage network and the potable water supply.

The Regulation allocates duties and liabilities across several identifiable groups, and imposes inspection, testing and documentation burdens on the parties who design, install, certify and own plumbing and drainage systems.

Licensees and contractors who carry out sanitary plumbing, sanitary drainage or water-supply plumbing work. The Regulation directly targets the persons who perform the work: they must ensure work conforms to the plumbing code (s 6, s 18), notify the construction occupations registrar when the work is ready for inspection (s 8(1), s 19(1)), leave work uncovered for inspection for specified times (s 8(2), s 19(2)), provide apparatus, tools and labour for testing (s 9(2), s 20(2)), and deliver statements and certified plans within 7 days of completion (s 10(2), s 21). Many of the offences in Parts 2 and 3 are framed as offences by the licensee or person doing the work (for example ss 16A-16D, 16B, 16C, 16D, 24A, 24B).
Certifiers. Certifiers under the Act approve plans and the Regulation places content and assessment duties on certifiers: a plan approval notice must contain specified particulars about discharge, fixtures, treatment and destination (s 7A), certifiers must ensure backflow prevention devices are included where necessary (s 22(2)), and certifiers may approve or not require reconsideration for minor plan amendments (s 7B). Certifiers may also be the decision-makers for plan approvals that are reviewable under schedule 1 and ss 26-27.
Owners of premises. Owners have obligations and rights: they may apply for certificates of compliance (s 25(1)), and they are the entity to whom directions under the Act may be given (schedule 1 item 1). Owners who have testable backflow prevention devices installed are obliged to cause the devices to be tested and provide test reports to the registrar (s 22(5)). Owners also risk offence exposure for using plumbing or drainage work without a certificate (s 25(3)).
Responsible utilities. The responsible utility has narrow discretionary powers: it may exempt a person from the prohibition on discharging rainwater or surface water into the sewerage network if pollution and volume will not detrimentally affect the sewerage system (s 15(3)-(5)). It also has a role in approving connections of water pumping appliances to the network indirectly (s 23(1) requires permission of the responsible utility).
Inspectors and the construction occupations registrar. Inspectors conduct inspections and pass or refuse work; the registrar receives notifications, holds documentation, issues certificates of compliance and receives test reports (ss 8, 10, 21, 22, 25). The registrar is the administrative gatekeeper for certification and for record-keeping which permits subsequent use of installed work.
Developers, builders and householders carrying out extensions. Several provisions target single residential buildings specifically. For example, the separation and protection of grey-water drainage in new or extended single residential buildings is mandatory (s 16A). Exceptions to plan conformity apply for single residential buildings in s 7(2).
Businesses and premises in which water pressure is low, and commercial parts of buildings. The water-efficiency tap flow cap (s 16E(1)(b)) does not apply where the tap is in part of the building used mainly for business, or where usual pressure is less than 50 kPa (s 16E(3)). Those thresholds are consequential to plumbing choices in mixed-use buildings and rural properties.

Indirectly affected parties include property purchasers who will rely on certificates of compliance to confirm compliance before use of works (s 25), plumbers who must maintain licencing endorsements to test backflow devices (s 22(7) cross-ref Construction Occupations (Licensing) Regulation 2004, s 31), and suppliers of plumbing products who must ensure products can be installed in compliance with the plumbing code and standards referenced in the Regulation.

The Regulation also imposes potential corporate liability, as penalty units convert to differing monetary values for individuals and corporations (front matter: penalty unit values at republication date).

This section summarises the Regulation’s principal obligations and the administrative rights of regulated parties, with section references.

Key duties

Conformity to the plumbing code and approved plans. Persons must not do work on sanitary plumbing or sanitary drainage that communicates with the sewerage system unless the work conforms to the plumbing code (s 6). Similarly, a person must not do work on a sanitary plumbing or sanitary drainage system unless done in accordance with the plan approved by a certifier, except for single residential building work which is exempt from s 7(1) (s 7(2)).
Notification and accessibility for inspection. A person doing sanitary plumbing or sanitary drainage work must notify the construction occupations registrar when the work is ready for inspection (s 8(1)); the person must leave the work uncovered and convenient for inspection until inspected, an inspector advises that inspection is not required, or,where sanitary plumbing work,the end of 2 working days after notice was given to the registrar (s 8(2)). Equivalent duties apply for water service and hot-water work (s 19).
Testing and provision of test resources. Sanitary plumbing and drains and water plumbing must be tested in accordance with AS/NZS 3500 prior to being passed by an inspector and after alterations or repairs (ss 9(1), 20(1)). The person who does the work must supply apparatus, tools and labour for tests (ss 9(2), 20(2)).
Rectification of defects. If tests reveal defects, the person who did the work must rectify them (ss 9(3), 20(3)).
Documentation on completion. Within 7 days after completion and subject to satisfaction that the work complies with the Regulation and plumbing code, the person who did the work must provide the registrar with a statement of completed work, evidence of payment of inspection fees and a certified drainage or water-plumbing plan where required (ss 10(2), 21).
Backflow protection. Where a certifier reasonably believes non-potable substances may enter the potable supply, the certifier must not approve a plan unless it includes an appropriate backflow prevention device or certifies installation is not required (s 22(2)). Installers of testable backflow prevention devices must ensure testing and submit a test report within 7 days (s 22(4)). Owners of premises with testable devices must ensure periodic testing and submit test reports (s 22(5)-(6)).
Grey-water and rainwater rules. Licensees installing separated grey-water drainage for eligible single residential building works must ensure that the separated grey-water drains go to a grey-water point, that additional non-grey-water fixtures are not connected between fixtures and grey-water points, and that grey-water disposal systems provide for automatic drainage to sewerage in overflow or obstruction scenarios; failing which are offences (ss 16A-16C). Licensees who connect a water service to cistern or washing machine tap points must provision an adjacent additional tap point capable of connection to rainwater where required (s 24A).
Prohibition on discharging rainwater into sewers. Persons must not discharge or permit discharge of rain or surface water into the sewerage network or drains that communicate with it, except via a narrow exemption process with the responsible utility (s 15).

Key rights and administrative entitlements

Right to apply for certificate of compliance. The owner of premises may apply in writing to the construction occupations registrar for a certificate of compliance (s 25(1)). The registrar must issue one if satisfied the work complies (s 25(2)). The owner can also be the subject of directions under the Act (schedule 1 item 1) and can seek review of specified decisions (schedule 1; ss 26-27).
Limited plan amendment flexibility. A proposed amendment that changes only the length and alignment of pipework does not require reconsideration of the plan approval, but several changes do trigger reconsideration (s 7B).
Review rights. Schedule 1 prescribes particular decisions as reviewable and who may seek review. For example, a refusal to issue a certificate of compliance is reviewable by the applicant for the certificate (schedule 1, item 4; s 26).
Exemption application for stormwater discharge. A person may apply in writing to the responsible utility for an exemption from the prohibition on discharging rain or surface water into the sewer (s 15(3)). The utility may only grant an exemption if it is satisfied the pollution and volume would not detrimentally affect the sewerage system (s 15(4)).
Certifier discretion on backflow. A certifier may certify on a plan that installation of a backflow prevention device is not required, in which case the certifier can approve the plan without the device (s 22(2)(b)).

Procedural timings and consequences are important. Failure to meet notification, testing, rectification or documentation duties attracts penalties (many set at 10 or 5 penalty units) and in some cases strict liability applies (see s 5A and the individual sections flagged below).

The Regulation uses a combination of monetary penalties expressed in penalty units, administrative enforcement through plan approvals and certificates, inspection powers, and criminal-law overlay for particular offences.

Penalty structure and conversion

The Regulation specifies maxima for offences, typically 10 penalty units for many substantive breaches (for example ss 6, 7(1), 15(1), 16A(2), 16B(2), 16C(3), 16D(2), 23(1), 24(1)-(2), 24A(3), 24B(2), s 25(3)). Some procedural failures carry 5 penalty units (for example ss 8(2), 9(2), 19(2), 20(2), s 22(2)).
At the republication date the Regulation states the value of a penalty unit is $160 for an individual and $810 for a corporation (front matter). Thus, a 10-penalty-unit maximum equates to $1,600 for an individual and $8,100 for a corporation as of that date. The Regulation itself conveys penalty exposure in penalty units; monetary conversions must be checked against current Legislation Act values when enforcement is contemplated.

Criminal Code overlay and strict liability

Section 5A expressly states that the Criminal Code, chapter 2 applies to specific offences against the Regulation: ss 16A-16D and ss 24A and 24B. Chapter 2 of the Criminal Code sets out general principles of criminal responsibility including burdens of proof and general defences. Where the Criminal Code applies, the prosecution must engage the Code’s principles for matters such as intention and recklessness.
Several offences in the Regulation are declared strict liability offences in their text, which shifts evidential burdens and defences. For example, s 16A(4), s 16B(3), s 16C(4), s 16D(4) each state "An offence against this section is a strict liability offence." Section 24A(6) and s 24B(3) also declare strict liability. Where the Criminal Code applies to a strict liability offence, the interplay of the Code and strict-liability characterisation in the Regulation will be significant to prosecutorial strategy and the available defences.

Administrative enforcement and oversight

Inspectors approve or reject work following testing to AS/NZS 3500 (ss 9(1), 20(1)). The regulator’s administrative tools are plan approvals and certificates of compliance. The construction occupations registrar issues certificates of compliance if satisfied the work meets the Regulation and plumbing code (s 25(2)). Using plumbing or sanitary drainage work without a certificate of compliance is itself an offence (s 25(3)).
Certifiers have a frontline enforcement role in plan approvals, particularly for backflow prevention requirements (s 22(2)). The certifier may refuse a plan that lacks appropriate protections.
The Regulation requires submission of test reports for backflow prevention devices within 7 days and mandates owners to conduct periodic testing at specified intervals (s 22(4)-(6)). These reporting obligations create audit trails that the registrar and inspectoriate can use to verify compliance.

Review rights and dispute resolution

The Regulation prescribes a set of reviewable decisions and the entities entitled to seek review (s 26-27; schedule 1). Examples include directions issued under the Act, refusals to grant exemptions under s 15(4), and refusals to issue certificates of compliance (schedule 1). These decisions are amenable to administrative review mechanisms under the Act and relevant tribunal pathways, as reflected in the legislation history referencing the ACT Civil and Administrative Tribunal amendments (endnotes).

Operational enforcement risks and consequences

Because many obligations are operational and time-critical (notify when ready for inspection; leave work accessible for up to 2 working days; test before passing; rectify defects immediately on test failure; provide certified plans within 7 days), enforcement can be triggered by common site-practice failures, inadequate communication with the registrar, or missed testing deadlines.
The Regulation combines administrative and criminal exposure: procedural failures can attract modest fines and more serious technical breaches intended to protect potable supplies, sewerage networks and public health carry greater penalty units and potential criminal-law implications where the Criminal Code applies.

The Regulation is deliberately interwoven with the Water and Sewerage Act 2000, the Legislation Act 2001, Australian Standards, the National Construction Code series and other instruments. The republished text contains multiple explicit cross-references and incorporates external documents by reference.

Primary statute and administrative overlay

Water and Sewerage Act 2000. The Regulation is made under the Water and Sewerage Act 2000 and repeatedly cross-refers to specific Act provisions governing plan approvals and certifier roles (for example the requirement to do work in accordance with the plan approved by a certifier under Act, s 8 is reflected in ss 7 and 18). Schedule 1 lists reviewable decisions under the Act, tying the Regulation’s administrative architecture directly into the Act’s review framework (s 26; schedule 1).
Legislation Act 2001. The Regulation’s preliminary provisions and the entry on penalties depend on the Legislation Act for definitions, editorial change authority and the meaning of penalty units. The front matter and notes point to the Legislation Act for the legal status of notes (s 4 note), the power of the Parliamentary Counsel to make editorial amendments (prefatory notes), and the conversion value of penalty units (front matter).

Criminal law overlay

Criminal Code. Section 5A brings in the Criminal Code, chapter 2, to offences specifically identified (ss 16A-16D and ss 24A-24B). The Criminal Code supplies general principles of criminal responsibility and definitions that apply to those specified offences. This creates an overlap between administrative regulatory offences and traditional criminal-law elements where those sections are enforced.

Standards and building codes

Australian Standards and AS/NZS Standards. The Regulation repeatedly prescribes compliance with named standards: AS/NZS 3500 (plumbing and drainage testing, ss 9, 20), AS/NZS 2845 and AS/NZS 2845.3 (backflow devices and testing, s 22 and dictionary), AS 1172 (water closets, s 16(2)), and AS/NZS 6400 for flow measurements (s 16E(2)). The dictionary confirms the standards are to be read "as in force from time to time", creating a standards update pathway without amending the Regulation (dictionary entries). The Regulation explicitly notes AS/NZS 6400 and the National Construction Code do not require notification under the Legislation Act in the way other instruments might be (s 16E note; s 28 note).
National Construction Code and Plumbing Code of Australia. Section 28 prescribes that volumes of the National Construction Code series published by the Australian Building Codes Board that carry a notation that they form part of the Plumbing Code of Australia are themselves part of the Regulation’s plumbing code reference. This imports the Plumbing Code of Australia via the National Construction Code framework directly into regulatory expectations.

Other administrative instruments

Construction Occupations (Licensing) Regulation 2004. The definition of "suitably qualified person" for testing backflow devices is cross-referenced to the Construction Occupations (Licensing) Regulation 2004, s 31, which deals with endorsements on plumbers' licences for backflow device test work (s 22(7)). This ties licence endorsement rules to the enforcement of testing obligations.
Utilities Act 2000. The dictionary directs readers to the Utilities Act 2000 for the meaning of "sewerage network" via the Water and Sewerage Act 2000 cross-reference (dictionary note).

Administrative tribunal and review regimes

Administrative review and tribunal rules. The legislation history shows the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 modified review pathways and the Regulation’s schedule 1 allows certain reviewable decisions to be taken for review by prescribed entities (ss 26-27, schedule 1). That embeds the Regulation into the Territory’s administrative review machinery.

Practical consequences of these interactions

Standards updates take effect without re-enacting the Regulation. Because standards are referenced "as in force from time to time" (dictionary; ss 9, 20, 22 etc), technical updates to those standards will change compliance requirements without formal legislative amendment, subject to the standard-setting process.
Criminal Code applicability for some offences will alter prosecutorial requirements relative to ordinary regulatory offences. Sections identified in s 5A must be prosecuted with reference to Code chapter 2 definitions, which may affect proofs of fault and available defences.
Licensing and endorsement requirements under the Construction Occupations regulatory framework are part of the mix for compliance. For example, only plumbers with the appropriate licence endorsement should carry out backflow device testing (s 22(7)).
The plumbing code and National Construction Code interactions mean that building approvals and plumbing approvals are coordinated through certifiers and construction codes rather than being purely local technical rules, which implicates national code updates in local compliance.

The Regulation has been amended frequently since its original 2001 commencement. The republished law includes an explicit amendment history in the endnotes (endnotes 3 and 4) showing a sequence of legislative and subordinate instrument changes. The key features of the amendment history are:

Origin and early changes. The Regulation began as the Water and Sewerage Regulations 2001, notified 25 January 2001, and subsequently renamed under the Legislation Act 2001. Early amendments included the Legislation (Consequential Amendments) Act 2001 and other statute law amendments that adjusted drafting and technical references (endnotes 3-4).
2004-2005 structural changes. A cluster of amendments consolidated construction and licensing rules. Important insertions in 2004 and 2005 included s 5A (application of the Criminal Code) inserted by SL2004-45 (s 4) and the insertion of sections dealing with grey-water and rainwater plumbing: ss 16A-16D and ss 24A-24B were inserted by SL2004-45 (s 5 and s 6 respectively). These changes created the separated grey-water framework (s 16A-16D) and the separated rainwater supply service provisions (s 24A-24B).
Hot-water system and energy-efficiency amendments. The Water and Sewerage (Energy Efficient Hot-Water Systems) Legislation Amendment Act 2009 introduced provisions relevant to hot-water systems (endnotes 3 and 4). Some of these were later removed or replaced by subsequent building legislation amendments (SL2010-15 etc), as shown in the amendment history entries that indicate insertion and later omission of hot-water system standards and related definitions.
2013 building and construction updates. The Construction and Energy Efficiency Legislation Amendment Act 2013 and related amendments updated conformity to the plumbing code and inserted references to AS/NZS 3500 (endnotes).
2023 and 2025 modernisation. The Building and Construction Legislation Amendment Regulation 2023 (SL2023-7) inserted Part 4 heading changes and Part 5 heading insertions, and updated the plumbing code references (endnotes). The Building and Construction Legislation Amendment Act 2025 (A2025-5) and the Statute Law Amendment Act 2025 (A2025-29) are recorded in the legislation history with commencement dates in 2025; A2025-29 effected amendments commencing 26 November 2025 which are included in the present republication.
Specific subsection insertions and renumberings. The amendment history in endnote 4 logs numerous targeted insertions, renumberings and omissions (for example, s 6 heading substitution A2013-31 s 91, insertion of s 7A and 7B by A2004-13 amdt 2.123 and 1.9 respectively, insertion of s 28 in 2009, and later adjustments to s 28 in SL2023-7). It also records that AS/NZS 3500 was added to the dictionary (A2013-31 s 111).
Editorial amendments. The Parliamentary Counsel has authority to make editorial and formal changes under the Legislation Act 2001, part 11.3; the front matter notes that the republication includes editorial amendments made under that power.

What this history signals for users

The Regulation has evolved to integrate building code developments, plumbing standards and specific water-efficiency and grey/rainwater policy measures. Practitioners should consult the endnotes for precise amendment sources if a historical justification or a transitional arrangement is relevant to a matter.
Because standards are incorporated by reference and the Regulation has been updated through subordinate instruments and Acts, compliance is dynamic: both the statutory text and the incorporated standards (AS/NZS standards and the NCC/Plumbing Code) must be checked for current versions at the time of the work.
The most recent substantive amendments are recorded as having effect on or before 26 November 2025, the republication date, so this republished text reflects the law as of that date.

The republished Regulation does not record any case law or judicial decisions. The text and the endnotes do not name litigation or appeal judgments. The regulatory framework does, however, create administrative review rights and pathways for disputes about prescribed decisions, which are likely to be the primary vehicles for contesting regulatory action.

What is in the Regulation relevant to review and litigation risk

Reviewable decisions. Schedule 1 lists specified decisions as reviewable under the Act (s 26). Examples include the giving of directions under the Act (Act, s 22(2)), refusals to grant exemptions under s 15(4), directions given under Act s 32(4), and refusals to issue certificates of compliance (s 25). Schedule 1 also specifies the entity entitled to seek review for each decision (schedule 1 column 4).
Right of review and prescribed entities. Section 27 prescribes which entities may seek review and requires notice consistent with the Act’s review provisions (ss 44A and 44B references). The Regulation therefore channels disputes into the Act’s administrative review process and, by extension, any tribunal or judicial review pathways applicable under Territory law.
Administrative tribunal referrals in the amendment history. The legislation history records the insertion of amendments related to the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (endnotes 3). That historical detail indicates that the administrative law and tribunal architecture forms the intended forum for resolving disputes concerning regulatory decisions.

Implications for practitioners

Expect cases to proceed initially through administrative review channels. A dispute about refusal to issue a certificate of compliance or about exemption decisions under s 15 is prescribed as reviewable and will ordinarily be litigated first as an administrative review matter (schedule 1; ss 26-27).
Criminal prosecutions will follow ordinary criminal or quasi-criminal procedures where the Criminal Code applies (s 5A). For the sections listed in s 5A, prosecutions engage the Criminal Code chapter 2 principles.
Absence of recorded cases in the republished text means precedent analysis must rely on tribunal and court records external to this document. Practitioners should check tribunal and court databases for decisions interpreting the Water and Sewerage Act 2000 and this Regulation to identify any authorities that are not cited in the republished law.

This Regulation contains several traps for the unwary that can create liability or impose unexpected compliance costs. The following points are specific and grounded in the text.

Strict liability offences and Criminal Code overlay. Several offences are declared strict liability offences (for example ss 16A(4), 16B(3), 16C(4), 16D(4), 24A(6), 24B(3)). Sections 16A-16D and 24A-24B are also singled out by s 5A as being subject to the Criminal Code, chapter 2. This combination changes the evidential burdens and defence strategies available and can increase prosecution risk for licence-holders who make technical mistakes during installation or reconfiguration of grey-water or rainwater services.
Short windows for inspection and notification. Licensees must notify the construction occupations registrar when work is ready for inspection and keep work uncovered and accessible until the work is inspected, an inspector advises an inspection is not required, or a statutory lapse period passes (for sanitary plumbing work, end of 2 working days after notice, s 8(2); for water service work the same period applies, s 19(2)). Covering work prematurely or failing to notify promptly can create offences (s 8(1), s 19(1)) and risk being taken as noncompliant with the plumbing code if inspections cannot be performed.
Supplying apparatus, labour and tools for testing. The person who does the work must supply apparatus, tools and labour for tests (ss 9(2), 20(2)). If an installer refuses or fails to supply sufficient resources, the work can be taken not to comply with the plumbing code and be subject to penalty exposure (s 9(4), s 20(4)).
Using works without a certificate of compliance. An owner must not use plumbing or sanitary drainage work unless a certificate of compliance has been issued by the registrar (s 25(3)). The certificate-issuing power is discretionary only to the extent the registrar is “satisfied” the work complies (s 25(2)), and practical completion documentation (statements, payment evidence, certified plans) is necessary for the registrar to be satisfied (s 10 note; s 21 note). Purchasers and landlords should insist on sighting certificates and certified plans.
Grey-water separation rules are location and fixture specific. Sections 16A-16C apply only to specified grey-water fixtures in single residential buildings and only where the drain is not to be supplied with pumped sewage (s 16A(1)). Adding non-grey fixtures to a separated grey-water drain between the fixture and the grey-water point is an offence (s 16A(3), s 16B(2)). Licensees must be alert to exactly which fixtures are defined as “separated grey water waste fixtures” in the dictionary. A failed connection or retrofit can therefore create a direct offence.
Grey-water disposal systems must provide automatic drainage to sewer in overflow or obstruction situations. Where premises are connected to a sewerage network, Regulation requires a grey-water disposal system be configured to drain automatically to the sewer if obstructed or overloaded (s 16C(3)). Failure to include this feature in installation or alteration is an offence.
Backflow prevention obligations are multi-actor and ongoing. Certifiers must include backflow devices on plans where a risk exists, or certify why one is not required (s 22(2)). Installers must ensure devices are installed in accordance with the plumbing code and tested (s 22(3)-(4)), and owners must ensure ongoing periodic testing and provide test reports (s 22(5)-(6)). Liability therefore runs through certifiers, installers and owners.
Rainwater installation requirements create retrofit obligations at time of work. Where a licensee connects mains water to a cistern or washing-machine tap point during water-supply plumbing work for a single residential building, the licensee must also provide plumbing that allows future connection of a rainwater supply to an adjacent additional tap point meeting matching and compatibility requirements (s 24A(3)-(5)). Failing to include an additional tap point or making a substandard provision risks a strict liability offence (s 24A(6)).
Exemption standard for stormwater discharge is narrow. The responsible utility may exempt discharge of rain or surface water into the sewer only if satisfied the pollution and volume would not detrimentally affect the sewerage system (s 15(4)). That is an evidence-based gate and is narrow in scope; practitioners should not assume routine exemptions will be granted.
Standards are incorporated "as in force", so technical requirements can change without legislative amendment. The dictionary and relevant sections import standards as they stand “from time to time” (dictionary; s 16E(2) note; s 28). Practitioners must monitor current editions of AS/NZS 3500, AS/NZS 2845, AS/NZS 2845.3, AS 1172 and AS/NZS 6400.

These "gotchas" are concrete compliance traps grounded in textually specified duties, timelines and technical integrations with national standards and building codes. They concentrate obligations on licensees, certifiers and owners and create potential for both administrative and criminal enforcement depending on the provision.

This practical compliance checklist is grounded in the Regulation’s operative provisions. It is written for licence-holders, certifiers, owners, building contractors and compliance officers.

Confirm scope and plan approval requirements

Determine whether the work is sanitary plumbing, sanitary drainage, water service or hot-water system work that takes water from the water network (ss 6, 18). If the work communicates with the sewerage network, the plumbing code applies (s 6).
Ascertain whether plan approval by a certifier is required. If the work is on a pipe connected to a property service of 50 mm or greater, an approved plan is required (ss 17, 18(1)(b), 21(c)).
If an existing plan is amended, confirm whether only pipe length/alignment changes are proposed; trivial amendments of that type do not require reconsideration (s 7B(1)), but any change of connection point, branching, or addition of runs will require reconsideration (s 7B(2)).

Use the plumbing code and current standards

Ensure all design and installation work complies with the Plumbing Code of Australia as incorporated (s 28) and the standards referenced in the Regulation. For testing, use AS/NZS 3500 (ss 9(1), 20(1)). For backflow devices, follow AS/NZS 2845 and AS/NZS 2845.3 (s 22; dictionary). For toilet class rules, consult AS 1172 (s 16(2)). For flow rates, use AS/NZS 6400 for measurement (s 16E(2)).
Maintain copies or access to the current versions of these standards and the National Construction Code volume relevant to plumbing work.

Plan for inspections and testing in scheduling

Notify the construction occupations registrar when work is ready for inspection before covering it (s 8(1), s 19(1)). For sanitary plumbing work leave the work uncovered and accessible until inspection or until 2 working days have elapsed following notification (s 8(2)). The same practical obligation applies to water service work (s 19(2)).
Allocate the resources to supply apparatus, tools and labour for testing as the person who does the work (ss 9(2), 20(2)). Do not assume inspectors will supply these resources.

Testing and rectification workflows

Require tests to be completed in accordance with AS/NZS 3500 before inspection approval or after alterations or repairs (ss 9(1), 20(1)). Where tests identify defects, ensure rapid rectification by the responsible licensee (ss 9(3), 20(3)).
For backflow prevention devices that are testable, ensure immediate post-installation testing by a suitably qualified person and file the test report with the construction occupations registrar within 7 days (s 22(4)). For owners, schedule periodic testing at the required intervals (within 12 months of the last test; within 7 days after maintenance/repair) and file reports promptly (s 22(5)-(6)).

Document completion and apply for certificate of compliance

On completion, if satisfied the work complies with the Regulation and plumbing code, within 7 days give the construction occupations registrar a statement of the work completed, evidence of payment of inspection fees and a certified drainage or water-plumbing plan as applicable (ss 10(2), 21).
The owner should apply in writing to the registrar for a certificate of compliance (s 25(1)). The registrar must issue the certificate if satisfied the work complies (s 25(2)). Do not use the works until the certificate of compliance is issued; using work without it is an offence (s 25(3)).

Grey-water and rainwater-specific compliance

For eligible single residential building works involving separated grey-water fixtures (s 16A(1)), ensure the separated drains run to a grey-water point and do not permit cross-connections with non-grey fixtures between the fixtures and the grey-water point (ss 16A(2)-(3), 16B). Confirm the premises are connected to sewer where s 16C applies before relying on the automatic sewer overflow requirement; if connected, design grey-water disposal systems to automatically drain to the sewer on obstruction, overflow or overcapacity (s 16C(3)).
When connecting mains water to cistern or washing machine tap points, install an adjacent additional tap point capable of future rainwater connection and ensure any installed additional tap point matches the primary tap point in dimensions, thread and appearance as specified (s 24A(3)-(5)). If installing a rainwater supply service that is not connected to a rainwater source, seal and cap outlets and inlets with specified screw-on caps (s 24B(2)).

Backflow and potable-supply risk management

When preparing plans, if there is a reasonable ground to believe non-potable materials may enter the potable supply, include an appropriate backflow prevention device or have the certifier explicitly certify that installation is not required (s 22(1)-(2)). Ensure installation meets the plumbing code (s 22(3)).
Use suitably qualified persons to test devices and maintain records of tests and maintenance to demonstrate compliance (s 22(4)-(6)).

Plan for penalties and legal exposure

Understand penalty exposure for breaches. Many breaches attract up to 10 penalty units and others up to 5 penalty units (various sections). Check current penalty unit values under the Legislation Act 2001 because monetary exposure differs between individuals and corporations (front matter).
Be aware of strict liability provisions and Criminal Code application for specific offences (s 5A; ss 16A-16D, 24A-24B). Risk-manage with conservative design, meticulous documentation, and timely testing and reporting.

Maintain as-built documentation on site and with the registrar

Keep a copy of the plan approval and record of any minor variations on the premises while the work is being done (s 8(4)). Ensure certified as-built plans are submitted and retained with the registrar on completion (ss 10(2)(c), 21(c)) to facilitate issuance of a certificate of compliance (s 25).

Use review rights promptly if needed

If a certifier or registrar makes a prescribed decision that affects the work (for example refusing to grant a certificate of compliance or an exemption), check schedule 1 and ss 26-27 for reviewability and the prescribed entity that may seek review. Time limits for review under the Act should be applied carefully.

Following these steps, with attention to standards, inspection timing, test resourcing, documentation and the interactions with the certifier and the construction occupations registrar, will materially reduce exposure to enforcement risk under the Regulation.

Water and Sewerage Regulation 2001

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Deep Dive

What it does

Current sections

Water and Sewerage Regulation 2001

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

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Gotchas

How to comply