Part 7Technical and safety issues

Part 7—Technical and safety issues 66—Standards (1) The Technical Regulator may, by notice in the Gazette, publish standards— (a) relating to the design, manufacture, installation, inspection, alteration, repair, maintenance (including cleaning), removal, disconnection or decommissioning of— (i) any infrastructure that is used, or is capable of being used, in the water industry; or (ii) any equipment connected to, or any equipment, products or materials used in connection with, any infrastructure that is used, or is capable of being used, in the water industry (including on the customer's side of any connection point); or (b) relating to plumbing, including plumbing work or any equipment, products or materials used in connection with plumbing; or (c) providing for any other matter that this Act may contemplate as being dealt with or administered by a standard prepared or published by the Technical Regulator. (2) Without limiting subsection (1), a standard may— (a) specify the nature and quality of the materials from which infrastructure or equipment must be constructed; and (b) specify the design and size of any pipes or other equipment that may be connected to any infrastructure or used in connection with plumbing; and (c) specify requirements in relation to the construction, installation or positioning of any infrastructure or equipment; and (d) specify the number of pipes and other equipment that may be connected to any infrastructure or device; and (e) specify the position of pipes and other equipment connected to any infrastructure or device; and (f) specify requirements with respect to any products or materials used in connection with any infrastructure or plumbing; and (g) specify the procedures to be followed when installing, inspecting, replacing, altering, repairing, maintaining, removing, disconnecting or decommissioning any infrastructure or equipment; and (h) specify requirements relating to the operation, testing or approving of any infrastructure, equipment, products or materials; and (i) specify examination and testing requirements; and (j) specify performance or other standards that must be met by any infrastructure, equipment, products or materials (and, in doing so, specify methodologies or other processes or criteria for assessing compliance with those standards, including as to the efficiency, impact or effectiveness of any infrastructure, equipment, products or materials); and (k) provide for any other matter prescribed by the regulations. (3) The Technical Regulator may, by further notice in the Gazette, vary or revoke a standard published under subsection (1) (and, as the Technical Regulator thinks fit, publish new or substitute standards). (4) A standard published by the Technical Regulator may— (a) be of general or limited application; and (b) provide that a matter or thing in respect of which the standard applies is to be determined according to the discretion of the Technical Regulator, or any other person determined or approved by the Technical Regulator; and (c) provide for exemptions to be granted (with or without conditions) by the Technical Regulator, or any other person authorised by the Technical Regulator; and (d) apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the standard as in force from time to time or as in force at a specified time. (5) If a code, standard or other document is applied, adopted or incorporated in a standard— (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Technical Regulator; and (b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Technical Regulator as a true copy of the code, standard or other document. (6) The Minister must, within 14 sitting days after the publication of a standard, or the variation of a standard, cause a copy of the standard or the variation (as the case may be) to be laid before both Houses of Parliament. (7) If either House of Parliament— (a) passes a resolution disallowing a standard laid before it under subsection (6), then the standard ceases to have effect; (b) passes a resolution disallowing a variation laid before it under subsection (6), then the variation ceases to have effect (and the relevant standard will, from that time, apply as if it has not been varied by that variation). (8) A resolution is not effective for the purposes of subsection (7) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the standard or variation (as the case may be) is laid before the House. (9) If a resolution is passed under subsection (7), notice of that resolution must forthwith be published in the Gazette. (10) Subsections (6), (7) and (8) do not apply— (a) to the variation of a standard if the Minister certifies, on the advice of the Technical Regulator, that the variation constitutes a minor variation to an existing standard (including a standard that has adopted a national code or standard prepared by another body or authority); or (b) in any other circumstance prescribed by the regulations. 67—Performance of regulated work (1) Any work to which this subsection applies must be carried out by a person with qualifications or experience recognised by regulations made for the purposes of this section. (2) A person to whom this subsection applies who carries out specified work— (a) in relation to any infrastructure that is used in the water industry; or (b) in relation to any equipment connected to, or used in connection with, any infrastructure that is used in the water industry (including on the customer's side of any connection point); or (c) without limiting paragraph (b)—in connection with plumbing (including on the customer's side of any connection point), must ensure that— (d) the work is carried out as required by a standard published under this Part; and (e) examinations and tests are carried out as required by standards published under this Part. (3) A standard published by the Technical Regulator under this Part may— (a) specify work to which subsection (1) applies; and (b) specify persons to whom subsection (2) applies. 68—Responsibilities of water industry entity (1) A water industry entity must, in relation to— (a) any infrastructure used by the entity in the water industry; or (b) any equipment connected to, or any equipment, products or materials used in connection with, any infrastructure used by the entity in the water industry, take reasonable steps to ensure that— (c) the infrastructure, equipment, products or materials comply with, and are used in accordance with, technical and safety requirements specified by— (i) standards published under this Part; and (ii) any other technical or safety requirements or standards specified from time to time by the Technical Regulator; and (d) the infrastructure, equipment, products or materials are safe and in good working order. (2) Without limiting subsection (1), the Technical Regulator may, at any time and as the Technical Regulator thinks fit, require a water industry entity— (a) to prepare and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation in accordance with any requirements specified by the Technical Regulator; and (b) to obtain the approval of the Technical Regulator to the plan and any revision; and (c) to comply with the plan as approved from time to time; and (d) to audit from time to time the entity's compliance with the plans and report the results of those audits to the Technical Regulator. (3) A water industry entity must not, without reasonable excuse, fail to comply with a requirement under subsection (2). 69—Responsibilities of customers (1) A customer who is supplied with a retail service must— (a) ensure that any equipment located on his or her premises that is relevant to the operation of that service (being equipment located on the customer's side of the connection point) complies with any relevant technical or safety requirements and is kept in good repair; and (b) take reasonable steps to prevent— (i) any water running to waste on the premises; or (ii) any waste material that should be discharged into a sewerage system to escape. (2) For the purposes of ensuring under this section that any equipment complies with any technical or safety requirements, a person may, subject to the regulations, rely on any certificate of compliance issued under a scheme (if any or if relevant) established or approved by the Technical Regulator for the purposes of this Part. (3) If a person fails to comply with subsection (1), the Technical Regulator or the water industry entity providing the service may disconnect the supply of water to the place, or the collection of sewerage from the place, or restrict the supply of services to that place. (4) If an authorised officer or a water industry officer seeks to enter a place for the purposes of taking action under subsection (3) and entry is refused, the authorised officer or water industry officer may do so under a warrant under Part 10. (5) An authorised officer or a water industry officer may not enter a place under a warrant unless accompanied by a police officer. 70—Prohibition of sale or use of unsuitable items (1) If, in the Technical Regulator's opinion, a particular component or component of a particular class is, or is likely to become, unsuitable for use in connection with the supply of water or the removal or treatment of sewerage, the Technical Regulator may prohibit the sale or use (or both sale and use) of the component or components of the relevant class. (2) If, in the Technical Regulator's opinion, a particular component or component of a particular class is, or is likely to become, unsuitable for use in connection with the supply of water or the removal or treatment of sewerage, the Technical Regulator may require traders who have sold the component in the State— (a) to take specified action to recall the component from use; and (b) — (i) to take specified action to render the component suitable for use; or (ii) if it is not practicable to render the component suitable for use or the trader chooses not to do so—to refund the purchase price on return of the component. (3) A prohibition or requirement is imposed under this section— (a) by notice in writing given personally or by post to the person to whom it is addressed; or (b) if addressed to a class of persons, or the public generally—by public notice, and may be varied or revoked in the same way. (4) A person must not contravene or fail to comply with a prohibition or requirement under this section. (5) The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with the exercise of a power under this section if the Technical Regulator considers that urgent action is required. (6) In this section— component means a component for any infrastructure, equipment, product or material used in or in connection with the water industry or in connection with plumbing. 71—Public warning statements about unsuitable components, practices etc (1) The Technical Regulator may, if satisfied that it is in the public interest to do so, make a public statement identifying and giving warnings or information about any of the following: (a) components for any relevant equipment that, in the opinion of the Technical Regulator, are or are likely to become unsuitable for use and persons who supply the components; (b) uses of relevant equipment or components for relevant equipment, or installation practices, that, in the opinion of the Technical Regulator, are unsuitable; (c) uses of products or materials that, in the opinion of the Technical Regulator, are unsuitable; (d) any other practices or circumstances associated with relevant equipment or components for relevant equipment. (2) A statement under subsection (1) may identify particular equipment, components, services, practices and persons. (3) Neither the Technical Regulator nor the Crown incurs any liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under this section. (4) No liability is incurred by a person for publishing in good faith— (a) a statement referred to in subsection (3); or (b) a fair report or summary of such a statement. (5) The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with the exercise of a power under this section if the Technical Regulator considers that urgent action is required. (6) In this section— relevant equipment means any equipment that may be used in connection with any infrastructure used in or in connection with the water industry or in connection with plumbing (including on the customer's side of any connection point).