Water Services Licensing (Plumbers Licensing and Plumbing Standards) Regulations 2000

The central concept is "plumbing work", defined by section 59I of the Act and elaborated in regulations 4 to 4B. Water supply plumbing work covers installation, replacement, alteration, repair and maintenance of pipes and components from a water supply system to a point of discharge, but excludes exempt work (work by water services providers), work on internal components of a water heater, and certain modular plumbing work involving WMTS-050 certified products (regulation 4). Sanitary plumbing work covers pipes and fixtures that collect and convey wastewater to drainage plumbing, a sewage treatment apparatus, or a greywater device, but excludes drainage plumbing work itself and trade waste treatment (regulation 4A). Drainage plumbing work is work on below ground pipes conveying waste to a sewerage system or treatment apparatus, but not pipes under 65 mm nominal diameter (regulation 4B). Another fundamental concept is the distinction between "major plumbing work" and "minor plumbing work". Major plumbing work is any plumbing work that is not minor; minor plumbing work is testing, maintenance, repair or replacement of existing water supply, sanitary or drainage plumbing, except replacement of a water heater or testable backflow prevention device (regulation 3). "Performance solution" is a term from the Plumbing Code meaning an alternative to the deemed-to-satisfy provisions. The regulations require a separate notice of intention and certificate for work that includes a performance solution (regulations 45A to 45C). The "responsible person" for plumbing work includes the person who carries it out, the person under whose direction or supervision it is done, and the licensed plumbing contractor or permit holder responsible (regulation 3). "Contractor-level work" is work that a licensed plumbing contractor is authorised to carry out, control or supervise; "trade-level work" is work that a tradesperson or a contractor acting at trade level may do under the direction and control of a contractor (regulations 12 and 13). These concepts define the chain of authority that governs every plumbing job.

The regulations directly affect every person who carries out plumbing work in Western Australia, whether as a licensed plumbing contractor, a tradesperson, a permit holder, an apprentice, a pre-apprentice, or an authorised worker in a remote Aboriginal community. They also affect businesses that employ or engage people to do plumbing work: regulation 10 makes it an offence to employ or engage a person to carry out plumbing work knowing that the person would be acting without the required licence or permit. Property owners and occupiers are affected by the notification and certification requirements: a dwelling owner or occupier may carry out very limited work without a licence, such as replacing a shower head, maintaining a tap, replacing a cistern washer, clearing a blocked pipe with a plunger, or replacing a water filter cartridge, but only for the dwelling they own or occupy and only without remuneration (regulation 9(4)). The regulations also affect sewerage service licensees: regulation 9A creates an exemption from the licence requirement for drainage plumbing work on property sewer connections carried out for a sewerage service licensee, but the licensee is treated as a licensed plumbing contractor for the purposes of record-keeping and inspection obligations. Service providers in remote Aboriginal communities are affected by Part 4A, which imposes obligations to keep registers, provide tools and training, and ensure authorised workers only carry out permitted work (regulation 39). The Plumbers Licensing Board is the central regulatory body, its composition set out in regulation 5. Local governments are affected because they may employ plumbing compliance officers (regulation 66), and certificates of compliance for drainage work not connected to a sewer must be given to the local government (regulation 42(1)(c) and 45B(1)(c)). Consumers are affected because they can inspect the public register of licence holders (regulation 102) and can require a licensee to produce an identification card (regulation 24A). Persons aggrieved by Board decisions, such as refusal to issue or renew a licence, imposition of conditions, or disciplinary action, may apply to the State Administrative Tribunal for review (regulation 100).

A central duty is that no person may carry out plumbing work except in accordance with a licence or permit that authorises it, with specific exceptions for apprentices under supervision, owners doing minor tasks, and authorised workers in Aboriginal communities (regulation 9). A person must not employ or engage an unlicensed person to do plumbing work if they know the work would be contrary to regulation 9 (regulation 10). Licensed plumbing contractors and permit holders must comply with conditions on their licence (regulation 19), must not allow others to use their licence (regulation 23), and must display the licence at their principal place of business (regulation 24). They must produce their identification card when asked (regulation 24A). Advertisements and business documents must show the licence or permit number (regulations 25 and 25A). A licensed plumbing contractor must keep records of all persons working under their direction and control or supervision, including apprentices, pre-apprentices and provisional licence holders, and retain those records for at least one year after the period to which they relate (regulation 25B). For major plumbing work, the contractor or permit holder must give the Board a notice of intention at least 24 hours before starting, except in emergencies, and must give a certificate of compliance within five working days of completion, certifying that the plumbing complies with standards and that existing plumbing it relies on is safe and in proper working order (regulations 41 and 42). For minor plumbing work, records must be kept in approved form for the period during which a rectification notice could be given (regulation 44A). Work that includes a performance solution requires a notice of intention at least five working days before commencement and a certificate of compliance (regulations 45A, 45B). A responsible person must ensure plumbing work complies with the plumbing standards and is carried out with reasonable care and skill (regulation 50). Persons receiving a rectification notice must comply and must notify the officer when rectified; they are not entitled to payment for the rectification work (regulation 72). Infringement notices may be issued for prescribed offences, with modified penalties listed in the table at regulation 75. Licensees and permit holders have the right to apply to the SAT for review of certain Board decisions, including refusal to issue or renew, imposition of conditions, or disciplinary action (regulation 100). They may also surrender their licence and seek a partial refund of fees (regulations 26A, 26B). The Board may also grant declarations modifying or disapplying plumbing standards on application, subject to conditions (regulation 54), and may refund fees it considers appropriate (regulation 109A).

The regulations contain a graduated enforcement pyramid. At the base are infringement notices for prescribed offences, with modified penalties ranging from $200 to $1,000 depending on the offence (regulation 75 and table). For example, failing to give a certificate of compliance for major plumbing work attracts a modified penalty of $1,000, while failing to display a licence or permit number in an advertisement attracts $200. Payment of the modified penalty within 28 days prevents further proceedings (regulation 78). Above that, courts may impose fines for more serious breaches. The maximum fine for most regulatory offences is $5,000, including for carrying out plumbing work without authorisation (regulation 9), employing an unlicensed person (regulation 10), contravening a licence condition (regulation 19), failing to give a certificate of compliance (regulation 42), and failing to comply with a rectification notice (regulation 72). A fine of $3,000 applies for failing to give a notice of intention for major plumbing work in non-emergency situations (regulation 41) and for failing to produce an identification card (regulation 24A). At the disciplinary level, the Board may caution, reprimand, require an undertaking, or impose a penalty up to $3,000 under regulation 31. More serious matters are alleged to the State Administrative Tribunal, which may caution, order further training, change conditions, impose a penalty up to $5,000, suspend, or cancel the licence or permit (regulation 34). Disciplinary matters include obtaining a licence through incorrect information, no longer being fit and proper, conviction for a serious offence, breaching regulations or conditions, fraud, harsh or misleading conduct, negligence or incompetence, and failing to comply with a building remedy order (regulation 27). The Board may also seek recovery of unpaid penalties in a court of competent jurisdiction (regulation 31(6)). Enforcement powers include entry and inspection by plumbing compliance officers, who may issue rectification notices requiring defective work to be put right. Failure to comply can lead to the Board arranging rectification and recovering costs (regulation 72(5) and 89). In a dangerous situation, a plumbing compliance officer may take immediate measures, including entering any place and directing persons to leave, and the State may recover costs jointly and severally from those who carried out the work that gave rise to the danger (regulation 81 and 89). False or misleading statements in applications, notices, certificates or records are offences with fines up to $5,000 (regulations 16 and 46).

The regulations are made under the Plumbers Licensing Act 1995 and reference several other Western Australian and Commonwealth laws. The definition of "plumbing work" comes from section 59I of the Act. "Building permit" and "building work" are given the meanings from the Building Act 2011 section 3 (regulation 3). "Apparatus for the treatment of sewage" is defined by reference to the Health (Miscellaneous Provisions) Act 1911 section 3(1). "Water services provider", "sewerage service licensee", "trade waste", and "water supply service" are defined under the Water Services Act 2012 (regulation 3). "Exempted provider" refers to a person with an exemption under the Water Services Act 2012 section 7. The regulations also connect to the Fair Trading Act 2010: two Board members are nominated by the Minister responsible for that Act (regulation 5(2)(f)). The Vocational Education and Training Act 1996 defines "apprentice" via a training contract registered under Part 7 Division 2 (regulation 3A). The Building Services (Complaint Resolution and Administration) Act 2011 is relevant because failure to comply with a building remedy order or a HBWC remedy order made by the Building Commissioner under that Act constitutes a disciplinary matter (regulation 27(g)). Information obtained by a plumbing compliance officer may be disclosed to the Building Commissioner, the Director of Energy Safety, inspectors under the Energy Coordination Act 1994, and WELS inspectors under the Water Efficiency Labelling and Standards Act 2006, for the purpose of assisting those persons to carry out their functions under those Acts (regulation 109). The Electricity (Licensing) Regulations 1991 and the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 are relevant because an applicant for a restricted plumbing permit (water heater) must hold either an electrician’s licence under those regulations or a gasfitting permit or authorisation (Schedule 3 clause 7). The Strata Titles Act 1985 and Community Titles Act 2018 define the scheme plans that trigger the application of Part 6A on subdivided land (regulation 55). The Public Sector Management Act 1994 and the Public Sector Commissioner are referenced in relation to remuneration of Board members (regulation 7). The regulations also interact with the Commonwealth National Vocational Education and Training Regulator Act 2011 by adopting the definitions of "registered training organisation" and "National Register" (regulation 3). The Higher Education Support Act 2003 (Commonwealth) defines the Australian Qualifications Framework for the remote Aboriginal communities provisions (regulation 37).

The regulations have been amended frequently. They originated as the Water Services Coordination (Plumbers Licensing) Regulations 2000, commenced 19 June 2000. A major restructuring occurred in 2004 with the Water Services Coordination (Plumbers Licensing) Amendment Regulations 2004, which substantially rewrote the regulations, introducing Part 7 on inspection and enforcement, and new provisions on certificates of compliance and rectification notices. The name changed to the Plumbers Licensing and Plumbing Standards Regulations 2000 in 2013 (Gazette 14 Nov 2013 p. 5231). Significant amendments in 2015 introduced a new Part 6 on plumbing standards, replacing the previous approach with a direct reference to the National Construction Code Volume 3 (the Plumbing Code) and adding modifications via regulation 49. The 2016 amendments (29 April 2016) overhauled the disciplinary provisions, replacing the previous complaint and hearing system with a new Part 4, and introduced the current renewal framework for licences and permits. The 2016 amendments also introduced Part 4A (December 2016) allowing authorised workers in remote Aboriginal communities to carry out basic plumbing work without a licence. The 2019 amendments introduced new record-keeping requirements for minor plumbing work (regulation 44A) and transitional provisions for the change from certificates to records. In 2020, Part 6A on plumbing standards for subdivided land was inserted (SL 2020/132). The 2022 amendments (SL 2022/163) modified the Plumbing Code provisions for heated water service delivery temperatures and added transitional provisions for those changes. The most extensive recent changes came with the Commerce Regulations Amendment (Plumbing) Regulations 2024 (SL 2024/12), effective in stages from 10 February 2024, 1 May 2024 and 10 February 2025. This amendment redefined water supply, sanitary and drainage plumbing work, introduced new licence classes (tradesperson’s licence (drainage plumbing) and provisional tradesperson’s licence), rewrote the effect of licence provisions (regulations 12 to 13C), introduced the restricted plumbing permit (rainwater storage), and replaced the previous minor plumbing work certificate with a record-keeping obligation. The 2025 amendments (SL 2025/70) further adjusted the remote communities provisions, added the exemption for sewerage service licensees (new regulation 9A), and made minor modifications to the Plumbing Code table. Fees have been updated annually through the Commerce Regulations Amendment (Fees and Charges) Regulations series.

The regulations themselves do not create a private right of action; enforcement is by way of regulatory proceedings. The source text does not name any specific court cases. However, the regulations provide a clear mechanism for administrative review by the State Administrative Tribunal (SAT). Regulation 100 lists decisions of the Board that are reviewable by SAT, including refusal to issue or renew a licence or permit, imposition or variation of conditions, disciplinary action under regulation 31(2), declarations under regulation 39A (concerning service providers in remote Aboriginal communities), and decisions under regulation 54 (declarations modifying plumbing standards). A person aggrieved by such a decision may apply to SAT within 28 days after receiving notice of the decision. The SAT also has original jurisdiction under regulation 34 when the Board makes an allegation about a disciplinary matter. Under regulation 34, if SAT determines that a disciplinary matter exists, it may caution, order training, change conditions, impose a penalty up to $5,000, suspend, or cancel a licence or permit. That decision is itself subject to further appeal rights under the State Administrative Tribunal Act 2004 (not specified in these regulations). The evidentiary provisions in regulation 107 assist in litigation: a certificate purporting to be signed by the chairperson of the Board is evidence of licence status and conditions, and a signed certificate of a plumbing compliance officer may be presumed to prove that particular plumbing work was carried out, by a particular person, and whether it meets the plumbing standards. Regulation 90 creates offences for obstructing a plumbing compliance officer or providing false or misleading information, and provides a defence of reasonable excuse. Regulation 85 contains a limited use immunity: a person directed to answer a question by a plumbing compliance officer cannot refuse on self-incrimination grounds, but the answer and any information obtained as a direct consequence is not admissible in criminal proceedings except proceedings for giving false or misleading information. This could be relevant in any subsequent prosecution.

One easily missed provision is regulation 9A, inserted in 2025, which creates a broad exemption from the licence requirement for drainage plumbing work carried out on property sewer connections by a person engaged by a sewerage service licensee. The work must be "relevant drainage plumbing work" defined as maintenance, testing, repair or replacement of an existing property sewer connection, or installation of a new property sewer connection in connection with the installation of a new sewer. The sewerage service licensee is then treated as a licensed plumbing contractor for record-keeping and inspection purposes. This means that a person doing this work for a water corporation does not need a plumber’s licence, but the licensee must keep records and allow inspections.

Another trap relates to the restricted plumbing permit (rainwater storage). The application for issue of this permit must be made before 10 February 2026, and the applicant must not already hold a licence and must have carried out that work on an ongoing basis in the five years before 10 February 2025 (Schedule 3 clause 8). After that date, no new applications for this permit will be accepted, so persons currently working in this area without a licence must apply before the deadline or face needing a full licence.

For minor plumbing work, the obligation to keep records replaced the former requirement to give certificates to the Board. However, the record must be in the approved form and kept for the period during which a rectification notice could be given (up to six years for major work but potentially less for minor work). Failure to keep the record attracts a $5,000 fine (regulation 44A). Also, the owner-occupier exemption in regulation 9(4) is very limited: it only covers specific tasks (replacing shower heads, maintaining taps, replacing cistern washers, etc.) and only if done without remuneration. Replacing a water heater is not included; that requires a restricted permit or a licence.

The definition of "emergency plumbing work" is important because it allows work to start without the 24-hour notice of intention, but the notice must then be given at the same time as the certificate of compliance (regulation 41(3A)). Failing to do so is an offence with a $3,000 fine.

For drainage plumbing diagrams, regulation 45D requires a diagram for any drainage work involving pipes that once in place are not readily accessible. This is broader than just building drainage; it catches alterations to underground pipes. The diagram must be given at the same time as the certificate of compliance. Failure is an offence with a $5,000 fine.

Finally, the disciplinary matter in regulation 27(fa) covers "conduct that is harsh, unconscionable, oppressive, misleading or deceptive" in relation to plumbing work. This is not limited to fraud but extends to poor customer dealings, potentially catching a plumber who overcharges or misrepresents their qualifications. The Board can impose a $3,000 penalty without going to SAT if it considers the matter not serious enough for SAT proceedings.

A person carrying out plumbing work in Western Australia must first identify which class of authorisation they need. If the work is routine replacement of a water heater where no pipe changes are needed, a restricted plumbing permit (water heater) may be sufficient, provided the holder also holds an electrician’s licence or gasfitting authorisation (Schedule 3 clause 7). For broader water supply plumbing work, a tradesperson’s licence or a plumbing contractor’s licence is required. For drainage plumbing work, the tradesperson’s licence (drainage plumbing) is a distinct qualification (Schedule 3 clause 4). A provisional tradesperson’s licence allows the holder to work under supervision while completing their Certificate III (Schedule 3 clause 5). For a plumbing contractor’s licence, the applicant must already hold a tradesperson’s licence and hold a statement of competency or equivalent qualification (Schedule 3 clause 2). The application must be in the approved form with a recent photograph, application fee and licence fee (regulation 15). The Board must be satisfied the applicant is a fit and proper person and has met the Schedule 3 requirements. Once licensed, the person must comply with conditions, display the licence, produce their identification card on request, and include their licence number in all advertisements and business documents (regulations 24, 24A, 25, 25A). For each major plumbing job, the responsible person must give the Board a notice of intention at least 24 hours before work starts (except emergencies) and a certificate of compliance within five working days of completion. The certificate must certify compliance with the plumbing standards, and that any relied-upon existing plumbing is safe and in proper working order (regulation 42). For minor plumbing work, a record must be kept in the approved form for the duration of the rectification period (regulation 44A). For work involving a performance solution, a separate notice of intention must be given at least five working days beforehand, accompanied by a lodgment fee that depends on the building class (Schedule 1 Division 2 items 1 and 2). Drainage plumbing diagrams must be submitted for any below-ground work that will become inaccessible. The responsible person must also ensure that all persons working under their direction and control are properly licensed or supervised, and must keep records of those persons (regulation 25B). Record-keeping obligations extend to retaining certificates of compliance for at least six years, and minor plumbing records for the rectification period. The plumbing standards are set out in regulation 48 and include requirements from the Plumbing Code as modified by regulation 49. A person should check the current version of the modifications, particularly for heated water services and drainage. The regulations also require compliance with manufacturer’s installation specifications unless they conflict with the plumbing standards (regulation 52). If a person is unsure whether the work meets the standards, they can apply to the Board for a declaration modifying or disapplying a particular standard (regulation 54). In the event of a rectification notice, the person must comply without payment and must notify the officer or the Board when rectified (regulation 72). If they fail to comply, the Board may have the work done and recover the cost.