South Australian Public Health (Wastewater) Regulations 2013 (SA)

South Australia South Australian Public Health (Wastewater) Regulations 2013 under the South Australian Public Health Act 2011

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Prescribed codes 5 On‑site wastewater systems 6 Relevant authority Part 2—Establishment of community wastewater management systems 7 Interpretation 8 Public notification of proposed community wastewater management system 9 Connection to community wastewater management system 10 Exemptions Part 3—Wastewater system requirements 11 Wastewater works 12 Operation, maintenance and servicing of wastewater systems 13 Reuse or disposal of wastewater from wastewater systems 14 Sale of on‑site wastewater systems 15 Exemptions from prescribed codes Part 4—Approvals Division 1—Product approvals 16 Application 17 Determination of application 18 Duration of approval 19 Conditions of approval 20 Identification of manuals 21 Revocation of approval 22 Register of product approvals Division 2—Wastewater works approvals 23 Application 24 Determination of application 25 Conditions of approval 26 Expiry of approval 27 Registers of wastewater works approvals Part 5—Enforcement 28 Inspections and testing 29 Requirement to obtain expert report Part 6—Miscellaneous 30 Reuse of wastewater from SA Water sewerage infrastructure 31 False or misleading statements 32 Access to codes, standards etc Schedule 2—Transitional provisions Part 2—Transitional provisions 2 Interpretation 3 Modification of prescribed code 4 Product approvals 5 Wastewater works approvals 6 Notices under regulation 24 of revoked regulations Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the South Australian Public Health (Wastewater) Regulations 2013. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the South Australian Public Health Act 2011; capacity of a wastewater system—see subregulation (2); community wastewater management system means a system for the collection and management of wastewater generated in a town, regional area or other community, but does not include SA Water sewerage infrastructure; contravention includes failure to comply; EP—see subregulation (2); installation of a wastewater system includes the commissioning of the system; management of wastewater includes treatment, reuse and disposal of wastewater; mandatory notification stage—see regulation 25(2)(a)(i); on‑site wastewater system—see regulation 5; operator of a wastewater system means— (a) in the case of an on‑site wastewater system—the owner of the premises on which the system is located; (b) in the case of a community wastewater management system—the council or other person responsible for the operation of the system; prescribed code—see regulation 4; prescribed expiable condition—see regulation 25(2)(a); prescribed fee means the fee prescribed for the purposes of the Act; product approval—see Part 4 Division 1; relevant authority—see regulation 6; revoked regulations means the Public and Environmental Health (Waste Control) Regulations 2010; SA Water means South Australian Water Corporation; SA Water sewerage infrastructure means sewerage infrastructure (within the meaning of the Water Industry Act 2012) owned or operated by SA Water; sell includes offer for sale or possess for the purpose of sale; technical specifications includes technical, scientific and engineering details, plans, drawings and specifications; wastewater engineer means an engineer who— (a) is a member of the Institution of Engineers, Australia of the category "Chartered Professional Engineer" or is registered on the National Professional Engineers Register administered by that Institution; and (b) has experience in wastewater system or geotechnical engineering; wastewater system means— (a) an on‑site wastewater system; or (b) a community wastewater management system; wastewater works means— (a) the installation of a wastewater system (including a temporary system) or part of a community wastewater management system; or (b) the alteration of a wastewater system involving— (i) a change to the capacity of the system; or (ii) a change in the type of system used for collecting or managing wastewater; or (c) the decommissioning of a wastewater system (excluding a temporary system); or (d) the connection of a wastewater system to a community wastewater management system or the disconnection of a wastewater system from a community wastewater management system; or (e) the connection of a community wastewater management system to SA Water sewerage infrastructure or the disconnection of a community wastewater management system from SA Water sewerage infrastructure; wastewater works approval—see Part 4 Division 2. (2) For the purposes of these regulations, the capacity of a wastewater system is to be determined in accordance with the prescribed codes and is expressed as a number of equivalent persons (EP) or a number of litres. 4—Prescribed codes (1) The following are prescribed codes: (a) in relation to an on‑site wastewater system—the On‑site Wastewater Systems Code published by the Minister, as in force from time to time, together with the standards or other documents prepared or published by a prescribed body, as in force from time to time, referred to in the code; Note— The code is modified as set out in Schedule 2 Part 2 clause 3. (b) in relation to a community wastewater management system—the Community Wastewater Management Systems Code published by the Minister, as in force from time to time, together with the standards or other documents prepared or published by a prescribed body, as in force from time to time, referred to in the code. (2) For the purposes of subregulation (1), the following are prescribed bodies: (a) Standards Australia; (b) National Health and Medical Research Council; (c) Environment Protection and Heritage Council; (d) SA Water; (e) Local Government Association of South Australia; (f) Water Services Association of Australia Limited; (g) a Minister or administrative unit of the Public Service. (3) For the purposes of section 109(6)(c) of the Act, a copy of each of the prescribed codes will be available for inspection at the following address: Public Health Level 1 Citi Centre 11‑13 Hindmarsh Square Adelaide SA 5000. 5—On‑site wastewater systems (1) For the purposes of these regulations, an on‑site wastewater system is a system used on premises for the on‑site collection and management of wastewater generated at the premises where— (a) the wastewater collected and managed is predominantly— (i) human waste either alone or in combination with water; or (ii) water that has been used in washing, laundering, bathing or showering; or (iii) water containing food or beverage waste; or (iv) water containing other trade waste; or (v) a combination of the above; and (b) some or all of the wastewater is reused or disposed of by means other than disposal to a community wastewater management system or to SA Water sewerage infrastructure, and includes any associated irrigation or other system for the disposal of the wastewater on land other than that from which the wastewater is collected. (2) An on‑site wastewater system includes (but is not limited to) a septic tank, waterless composting toilet, or an aerated wastewater treatment system, to which AS/NZS 1546 applies. (3) An on‑site wastewater system may, but need not, be connected to a community wastewater management system or to SA Water sewerage infrastructure. 6—Relevant authority (1) The relevant authority for a matter relating to an on‑site wastewater system with a capacity that does not, or will not, on completion of wastewater works, exceed 40 EP and that is located or to be located in a council area is— (a) subject to paragraph (b)—the council; or (b) if the system is to be operated by the council or wastewater works related to the system are to be undertaken by the council, or by a person acting in partnership, or in conjunction, with the council—the Minister or any other council that agrees to act as the relevant authority. (2) The relevant authority in any other case under these regulations is the Minister. (3) Without limiting subregulation (1), a matter relating to an on‑site wastewater system of a kind referred to in that subregulation includes the following: (a) an application for a wastewater works approval relating to the system; (b) an application for an exemption relating to the system; (c) any variation or revocation of conditions of a wastewater works approval or exemption relating to the system; (d) any requirement for the provision of certificates or other documents relating to the system or wastewater works relating to the system; (e) any requirement for notification of the sale of land on which the system is located.