QueenslandSewerage and
Water Supply Act 1949SEWERAGEANDWATERSUPPLYREGULATION1998Reprinted as in force on 1 July 2002(includes amendments up to SL No. 174 of
2002)Reprint No. 1AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 1 July 2002. The reprint shows the
law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint.See previous reprint for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprint.
s13s3Sewerage and Water Supply Regulation
1998SEWERAGE AND WATER SUPPLYREGULATION 1998[as amended by
all amendments that commenced on or before 1 July 2002]PART
1—PRELIMINARY1Short titleThisregulationmaybecitedastheSewerageandWaterSupplyRegulation 1998.2CommencementThis regulation
commences on 1 August 1998.3DefinitionsIn
this regulation—“accreditationcouncil”meanstheAccreditationCouncilestablishedunder theVocational Education, Training and
Employment Act 1991,section 19.“approvedtrainingorganisation”seeVocationalEducation,Trainingand
Employment Act 1991, section 4.“member”means a member of the board.“plumbinganddrainingapprenticeship”meansanapprenticeshipinplumbing and draining that is an approved
training scheme under theVocationalEducation,TrainingandEmploymentAct1991,section 68.“secretary”means the secretary to the board.“training council”means the State
Training Council established under theVocational
Education, Training and Employment Act 1991.
s44s5Sewerage and Water Supply Regulation
1998PART 2—PRACTICAL EXPERIENCE ANDQUALIFICATIONS FOR LICENCES4Purpose of pt 2Thispartprescribespracticalexperienceandqualificationsundersection 11 of the Act.5Prescribed practical experience and
qualifications for plumber’slicence(1)The
prescribed practical experience for a plumber’s licence is
eitherof the following—(a)at
least 5 years practical plumbing experience;(b)practical experience at least equivalent to
the practical experiencementioned in paragraph (a).(2)Theprescribedqualificationforaplumber’slicenceis1ofthefollowing—(a)the
competencies (in the plumbing and draining apprenticeship)foraplumber’slicence,decidedbyanapprovedtrainingorganisation,
and approved by the training council;(b)a
certificate of competency or licence as a plumber that is—(i)in force; and(ii)recognisedundertheAustralia-NewZealandReciprocityAssociation
Agreement;(c)a qualification at least equivalent to
the qualification mentionedin paragraph (a) or (b).(3)For the inclusion on a plumber’s
licence of an endorsement requiredforaninspection,testorotherstatedtaskundertheStandardSewerageLaw
or Standard Water Supply Law, or for another purpose, the
prescribedqualification is either of the
following—(a)the competencies decided by an
approved training organisation,and approved by
the training council or the accreditation council,for
the endorsement;(b)a qualification at least equivalent to
the qualification mentionedin paragraph (a).
s65s7Sewerage and Water Supply Regulation
19986Prescribed practical experience and
qualifications for countryplumber’s licence(1)The
prescribed practical experience for a country plumber’s
licenceis either of the following—(a)at least 3 years practical plumbing
experience;(b)practical experience at least
equivalent to the practical experiencementioned in
paragraph (a).(2)The prescribed qualification for a
country plumber’s licence is 1 ofthe
following—(a)the competencies (in the plumbing and
draining apprenticeship)for a country plumber’s licence,
decided by an approved trainingorganisation,
and approved by the training council;(b)a
certificate of competency or licence as a country plumber
thatis—(i)in force;
and(ii)recognisedundertheAustralia-NewZealandReciprocityAssociation
Agreement;(c)a qualification at least equivalent to
the qualification mentionedin paragraph (a) or (b).7Prescribed practical experience and
qualifications for waterplumber’s licence(1)The
prescribed practical experience for a water plumber’s licence
iseither of the following—(a)at
least 3 years practical plumbing experience;(b)otherpracticalexperienceatleastequivalenttothepracticalexperience
mentioned in paragraph (a).(2)The prescribed
qualification for a water plumber’s licence is 1 of thefollowing—(a)the
competencies (in the plumbing and draining apprenticeship)for
a water plumber’s licence, decided by an approved trainingorganisation, and approved by the training
council;(b)acertificateofcompetencyorlicenceasawaterplumberthatis—
s86s8Sewerage and Water Supply Regulation
1998(i)in force; and(ii)recognisedundertheAustralia-NewZealandReciprocityAssociation
Agreement;(c)a qualification at least equivalent to
the qualification mentionedin paragraph (a) or (b).(3)For the inclusion on a water plumber’s
licence of an endorsementrequiredforaninspection,testorotherstatedtaskundertheStandardSewerage Law or
Standard Water Supply Law, or for another purpose, theprescribed qualification is either of the
following—(a)the competencies decided by an
approved training organisation,and approved by
the training council or the accreditation council,for
the endorsement;(b)a qualification at least equivalent to
the qualification mentionedin paragraph (a).8Prescribed practical experience and
qualifications for drainer’slicence(1)The
prescribed practical experience for a drainer’s licence is either
ofthe following—(a)at
least 1 year’s practical draining experience;(b)practical experience at least equivalent to
the practical experiencementioned in paragraph (a).(2)Theprescribedqualificationforadrainer’slicenceis1ofthefollowing—(a)the
competencies (in the plumbing and draining apprenticeship)foradrainer’slicence,decidedbyanapprovedtrainingorganisation,
and approved by the training council;(b)a
certificate of competency or licence as a drainer that is—(i)in force; and(ii)recognisedundertheAustralia-NewZealandReciprocityAssociation
Agreement;(c)a qualification at least equivalent to
the qualification mentionedin paragraph (a) or (b).
s
97s 11Sewerage and Water
Supply Regulation 19989Prescribed
practical experience and qualifications for restrictedplumber’s licenceFor a restricted
plumber’s licence, the prescribed qualification is eitherof
the following—(a)the competencies (in the plumbing and
draining apprenticeship)decided by an approved training
organisation, and approved bythetrainingcouncil,fortheworkproposedtobestatedinthelicence as the work to be carried out
under the licence;(b)a qualification at least equivalent to
the qualification mentionedin paragraph (a).10Prescribed practical experience and
qualifications for restricteddrainer’s
licenceFor a restricted drainer’s licence, the
prescribed qualification is either ofthe
following—(a)the competencies decided by an
approved training organisation,and approved by
the training council or the accreditation council,for
the work proposed to be stated in the licence as the work to
becarried out under the licence;(b)a qualification at least equivalent to
the qualification mentionedin paragraph (a).PART
3—EQUIVALENCE11Referral to approved training
organisation(1)This section applies if—(a)apersonapplies,orindicatestotheboardthatthepersonproposes to
apply, to the board under section 12 of the Act for alicence; and(b)it
is, or will be, necessary for deciding the application to
decidewhetheraqualificationheldbytheperson(the“alternativequalification”) is equivalent
under an equivalence provision.
s
128s 12Sewerage and Water
Supply Regulation 1998(2)Thepersonmustapplytotheboardforareferraltoanapprovedtraining
organisation.(3)Theboardmustapprovethereferralifitissatisfied,onanexamination of the application for
referral, that the only practicable way fortheboardtoobtainthenecessaryinformationfordecidingontheequivalenceofthealternativequalificationisfortheapplicant’sactualcompetencies to be assessed.(4)However, the board must not approve
the referral if it is satisfied thatassessmentoftheperson’scompetenciesbyanapprovedtrainingorganisationwillnothelptheboardinreachingitsdecisionaboutequivalence.(5)Thepersonmustgivetheboardallthehelptheboardreasonablyrequires in
deciding whether to approve the referral.(6)If
the board approves the referral, the approved training
organisationto which the person is referred must, as soon
as practicable after receivingthe
referral—(a)carry out its assessment of the
person’s competencies; and(b)advise the board
of the results of its assessment.(7)Thepersonmustcomplywithanyreasonablerequirementoftheapprovedtrainingorganisationforitsassessmentoftheperson’scompetencies.(8)In
this section—“equivalence provision”means section
5(2)(c), 6(2)(c), 7(2)(c) or 8(2)(c).PART
4—REQUIREMENTS FOR LICENCES12Applications in
approved formAn application for a licence must be made in
the approved form.
s
139s 15Sewerage and Water
Supply Regulation 199813Duration of
licences(1)For section 12A of the Act, the
prescribed period for which a licenceremains in force
is not longer than 5 years.(2)The day an
interim licence expires must be shown on the licence.14Renewal and reinstatement of
licences(1)A licence may be renewed by the board
if—(a)application is received by the
board—(i)on or before the day the licence
expires; or(ii)within 14 days
after the licence expires; and(b)the
application is accompanied by the renewal fee.(2)If a
licence is renewed by the board under subsection (1)(a)(ii),
thelicence is taken to have been in force from
the day it expired until the dayof
renewal.(3)A licence that has expired may be
reinstated by the board if—(a)application is received by the board within
12 months after thelicence expires; and(b)theapplicationisaccompaniedbytherenewalfeeandthereinstatement
fee.(4)An applicant is exempted from paying
the reinstatement fee undersubsection(3)(b)iftheboardissatisfied,inthecircumstancesofthereinstatement, that it is unreasonable
to require payment of the fee.15Renewal of licences for retired
persons(1)Alicensedpersonmayapplytotheboardtohavetheperson’slicence renewed
for a reduced fee if the person—(a)is
retired; and(b)no longer performs plumbing or
drainage work for payment; and(c)doesnotintendtoperformplumbingordrainageworkforpayment.(2)An
application under subsection (1) must be made in the
approvedform and must be accompanied by a statutory
declaration of the licensedperson declaring
the matters mentioned in subsection (1).
s
1610s 19Sewerage and Water
Supply Regulation 199816Issue of
licencesA licence issued by the board must be in the
approved form and signedby the secretary and a member.17Register of licencesTheboardmustkeeparegisterofalllicencesandthingsaffectinglicences.18Replacement licences(1)If a
licence (the“original licence”) is lost or
destroyed, the person towhom the original licence was issued,
or another person having knowledgeofthecircumstancesofthelossordestruction,maymakeastatutorydeclaration about
the loss or destruction.(2)If the board is
satisfied it is appropriate, in the circumstances of theloss
or destruction, to issue a licence to replace the original licence,
theboard may issue a replacement licence.(3)Thesecretarymustenterthedetailsofthecircumstancesofthereplacement of the licence in the
register of licences.(4)The replacement
licence has effect as if it were the original licence.(5)A person is exempt from paying the
replacement fee for the issue of areplacement
licence if the board is satisfied, in the circumstances of
thereplacement, that it is unreasonable to
require payment of the fee.19Licensee to
notify board of change of addressThe holder of a
licence must notify the board of any change of addresswithin 1 month after the change.
s
2011s 23Sewerage and Water
Supply Regulation 1998PART 5—MEETINGS AND PROCEEDINGS OF
THEBOARD20Ordinary meetingsNotice of when
and where an ordinary meeting of the board is to be held,and
of the business for the meeting, must be given by the secretary to
eachmember at least 7 days before the day for the
meeting.21Special meetings(1)A
special meeting of the board—(a)ifachairpersonhasbeenappointedundersection7ACoftheAct—maybecalledbythechairperson,atthechairperson’sdiscretion;
and(b)whether or not paragraph (a)
applies—may also be called at therequest of any 2
members.(2)Notice of when and where a special
meeting is to be held, and of thebusiness for the
meeting, must be given by the secretary to each member atleast
7 days before the day for the meeting.22QuorumIf a quorum is
not present within 15 minutes after the notified time for ameeting of the board, the meeting lapses, and
the secretary must record thenames of the
members present in the minute book.23Voting(1)The
board must exercise or perform a power, authority, function
orduty by the majority vote of members present
at a meeting.(2)The chairperson of the meeting has a
deliberative vote and also, ifthere is an
equality of votes on a motion, a casting vote.(3)Ifamemberpresentatameetingrefusestovote,avoteinthenegative must be recorded for the
member.
s
2412s 25Sewerage and Water
Supply Regulation 199824Duties of
secretaryThe secretary’s duties include the
following—(a)giving notices of meetings of the
board;(b)keeping full and accurate minutes of
each meeting of the board;(c)giving a copy of
the minutes of each meeting of the board to eachmember of the board as soon as practicable
after the meeting;(c)conducting correspondence;(d)keeping records of equivalence
assessments;(e)recordingintheregisteroflicencesthecancellation,endorsement,
issue, replacement and suspension of licences;(f)collecting fees.PART
6—MISCELLANEOUS25Facilitating proof(1)InaproceedingforanoffenceundertheActtheproductionofacertificate is evidence of the things
stated in the certificate.(2)In this
section—“certificate”means a
certificate—(a)purporting to be signed by the
secretary—(i)to the effect that a person named in
the certificate was, orwas not, on a day or for a period
stated in the certificate, theholder of a
licence or an interim licence; or(ii)to
the effect that a person named in the certificate was on aday
stated in the certificate taken off the register of licences;or(iii)to the effect
that the licence issued to a person named in thecertificatewassuspendedfortheperiodstatedinthecertificate;
or(b)purporting to be signed by the
secretary to the training councilcertifying that
a person named in the certificate was, or was not,
s
2613s 27Sewerage and Water
Supply Regulation 1998on a day or for a period stated in the
certificate, an apprenticeundertheVocationalEducation,TrainingandEmploymentAct 1991.26FeesThe
fees in the schedule are payable to the board for the matters
stated inthe schedule.27RepealTheSewerage and Water Supply Regulation
1987is repealed.
