Health Act (Underground Water Supply) Regulations 1959
Reprint 2: The Regulations as at 7 March 2003
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Health Act (Underground Water Supply) Regulations 1959
CONTENTS
1.Citation1
2.Districts to which regulations apply1
11.Prior approval required for well1
12.Use of well subject to conditions2
13.Deposit of sewage, etc., near wells2
14.Offences and penalties3
Schedule B —Health districts4
Notes
Compilation table5
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Health Act 1911
Health Act (Underground Water Supply) Regulations 1959
These regulations may be cited as the Health Act (Underground Water Supply) Regulations 1959 1.
[Regulation 1 amended in Gazette 20 Mar 1963 p. 890; 30 Jul 1968 p. 2204.]
2.Districts to which regulations apply
These regulations apply and have effect in the districts specified in Schedule “B” .
[3-10. Repealed in Gazette 30 Jul 1968 p. 2
11.Prior approval required for well
A person shall not construct or cause to be constructed on any land a well or other underground source of water supply, or any works for disposal of offensive matter, unless he
[Regulation 11 inserted in Gazette 20 Mar 1963 p. 890.]
12.Use of well subject to conditions
The occupier of any premises shall not use the water of any well for human consumption, unless that well complies with the following conditions: —
(a)It is situated not less than 30 metres from any soak well or any other probable source of pollution.
(b)It is lined with impervious material to a depth of 1.8 metres below the surface of the ground and such lining is carried up to a height of not less than 300 millimetres above the surface of the ground adjacent to the well.
(c)It is covered with a tight‑fitting cover that has no opening other than that essential for the insertion of a pump.
(d)The surface of the ground immediately adjacent to the well is covered with impervious material for a distance of not less than 600 millimetres around the well in all directions and is graded with a fall away from the well.
[Regulation 12 inserted in Gazette 20 Mar 1963 p. 890; amended in Gazette 3 May 1974 p. 1440.]
13.Deposit of sewage, etc., near wells
A person shall not deposit on, in or under any land any sewage or offensive matter, or any other substance or thing, that may pollute or render unfit for human consumption the water in any well or other underground source of water supply, which water is used or intended or likely to be used for human consumption, unless the place where that sewage, offensive matter or other substance or thing is deposited is situated not less than thirty metres distant from that well or other underground source of water supply.
[Regulation 13 inserted in Gazette 20 Mar 1963 p. 890; amended in Gazette 3 May 1974 p. 1440.]
(1)A person who contravenes a provision of the regulations specified in the Table to this subregulation commits an offence.
Table
Regulations 11, 12, and 13
(2)A person who commits an offence under subregulation (1) is liable to —
(a)a penalty which is not more than $1 000 and not less than —
(i)in the case of a first offence, $100;
(ii)in the case of a second offence, $200; and
(iii)in the case of a third or subsequent offence, $500;
and
(b)if that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.
[Regulation 14 inserted in Gazette 23 Dec 1988 p. 4974.]
[Schedule A deleted in Gazette 30 Jul 1968 p. 2
