Water Fluoridation Act 2008Water Fluoridation Regulation 2020Part 1Preliminary1Short titleThis regulation may be cited as the Water Fluoridation Regulation 2020.2DefinitionsThe dictionary in schedule 3 defines particular words used in this regulation.Part 2Fluoride forms and concentrations3Forms of fluoride—Act, s 12(1)For section 12(a) of the Act, the following forms of fluoride are prescribed—

(a)fluorosilicic acid (H₂SiF₆);

(b)sodium fluoride (NaF);

(c)sodium fluorosilicate (Na₂SiF₆);

(d)naturally occurring fluoride contained in water.

(2)A form of fluoride mentioned in subsection (1)(a), (b) or (c) is a fluoride compound.(3)A form of fluoride mentioned in subsection (1)(d) is naturally occurring fluoride.4Fluoride concentrations—Act, s 12(1)For section 12(b) of the Act, the following fluoride concentrations must be maintained in the public potable water supply by the public potable water supplier—

(a)if the water supply is located in a local government area listed in schedule 1, part 1—0.6mg/L;

(b)if the water supply is located in a local government area listed in schedule 1, part 2—0.7mg/L;

(c)if the water supply is located in a local government area listed in schedule 1, part 3—0.8mg/L.

(2)The fluoride concentration mentioned in subsection (1) for the public potable water supply includes the concentration of naturally occurring fluoride in the water supply.(3)The public potable water supplier complies with subsection (1) if the measured fluoride concentration for the public potable water supply for each day, averaged over a quarter, is within 0.1mg/L of the fluoride concentration mentioned in subsection (1) for the water supply.(4)In this section—measured fluoride concentration, for a public potable water supply, means the fluoride concentration measured by a prescribed test of fluoridated water from the water supply.Part 3Adding fluoride compoundsDivision 1Preliminary5Application of partThis part applies in relation to a public potable water supplier adding a fluoride compound to a public potable water supply. Division 2Quality of fluoride compounds6Analysis certificates for supplied fluoride compounds(1)This section applies if a quantity of the fluoride compound to be added to the public potable water supply is not accompanied by a batch analysis certificate issued by an accredited laboratory.(2)The public potable water supplier must ask the manufacturer, importer or supplier of the fluoride compound for a copy of a batch analysis certificate for the fluoride compound issued by an accredited laboratory.(3)If the manufacturer, importer or supplier of the fluoride compound does not comply with the request, the public potable water supplier must—

(a)send a sample of the fluoride compound to an accredited laboratory for analysis to determine the concentrations of any impurities in the fluoride compound; and

(b)obtain the results of the analysis.

7Impurities affecting public healthThe public potable water supplier must not add the fluoride compound to the public potable water supply if a batch analysis certificate for a sample of the fluoride compound indicates—

(a)an impurity of a type mentioned in column 1 of the table in schedule 2 exists in the fluoride compound; and

(b)the concentration of the impurity exceeds the stated concentration for the fluoride compound mentioned in column 2, 3 or 4 of the table in schedule 2 opposite the type of impurity.

Division 3Automatic fluoride dosing equipment and operators8Using automatic fluoride dosing equipment for fluoride compoundsThe public potable water supplier must use automatic fluoride dosing equipment that—

(a)has the rate of feed of the fluoride compound paced to the flow of water into the public potable water supply; and

(b)has at least 2 devices that independently monitor the flow of the water, at least 1 of which measures the rate of flow of the water; and

(c)is designed in a way that ensures if part of the equipment fails, the fluoride compound is not added to the water supply.

9Notice if automatic fluoride dosing equipment not in operation(1)The public potable water supplier must give the chief executive a notice if its automatic fluoride dosing equipment has not been in operation for a continuous period of 14 days.(2)The notice must be given in the approved form within 1 business day after the end of the period.10Notice if automatic fluoride dosing equipment resumes operation(1)The public potable water supplier must give the chief executive a notice if its automatic fluoride dosing equipment resumes operation after it has not been in operation for a continuous period of 14 days or longer.(2)The notice must be given in the approved form within 5 business days after the day the automatic fluoride dosing equipment resumes operation.11Keeping fluoride compounds and equipment(1)The public potable water supplier must keep its automatic fluoride dosing equipment in a building or room separated from other water treatment equipment.(2)The public potable water supplier must keep its fluoride compound—

(a)in a weatherproof building; and

(b)in a building or room separated from other substances used for water treatment.

12Qualified persons to operate automatic fluoride dosing equipmentThe public potable water supplier must ensure each person employed to operate its automatic fluoride dosing equipment is appropriately qualified.Part 4Adding naturally occurring fluorideDivision 1Preliminary13Application of partThis part applies in relation to a public potable water supplier adding naturally occurring fluoride to a public potable water supply. Division 2Water blending equipment and operators14Using water blending equipment for naturally occurring fluorideThe public potable water supplier must use water blending equipment that—

(a)has the rate of feed of naturally occurring fluoride paced to the flow of any other water used to dilute the naturally occurring fluoride; and

(b)has a device designed to measure the rate of flow of the water; and

(c)is designed in a way that ensures if part of the equipment fails, naturally occurring fluoride is not added to the public potable water supply.

15Notice if water blending equipment not in operation(1)The public potable water supplier must give the chief executive a notice if its water blending equipment has not been in operation for a continuous period of 14 days.(2)The notice must be given in the approved form within 1 business day after the end of the period.16Notice if water blending equipment resumes operation(1)The public potable water supplier must give the chief executive a notice if its water blending equipment resumes operation after it has not been in operation for a continuous period of 14 days or longer.(2)The notice must be given in the approved form within 5 business days after the day the water blending equipment resumes operation.17Qualified persons to operate water blending equipmentThe public potable water supplier must ensure each person employed to operate its water blending equipment is appropriately qualified.Part 5Water analyses, record keeping and reporting18Purpose of partThis part prescribes requirements in relation to—

(a)analysing a public potable water supply to which fluoride has been added by a public potable water supplier; and

(b)recording and reporting the results of the analysis.

19Prescribed testing by water suppliers(1)The public potable water supplier must each day—

(a)collect at least 1 sample of fluoridated water from the public potable water supply at a point where the fluoridated water has a consistent concentration of fluoride; and

(b)measure the concentration of fluoride in the fluoridated water using an approved method (a prescribed test).

(2)The public potable water supplier must keep the results of a prescribed test for at least 5 years from the day the test was performed. 20Monthly laboratory testing(1)The public potable water supplier must on 1 day of each month—

(a)divide a sample collected under section 19(1)(a) into 2 parts; and

(b)measure the concentration of 1 part of the sample using an approved method; and

(c)send the other part of the sample to an accredited laboratory to measure the concentration of fluoride in the part using an approved method.

(2)The public potable water supplier must obtain the results of the analysis performed under subsection (1)(c).(3)The public potable water supplier must keep the results of the analysis for at least 5 years from the day the analysis was obtained by the water supplier. 21Chief executive may require additional test(1)The chief executive may ask the public potable water supplier to—

(a)collect an additional sample of fluoridated water from the public potable water supply; and

(b)measure the concentration of fluoride in the fluoridated water using an approved method (the additional test) within 1 day of the request being made.

(2)The public potable water supplier must—

(a)comply with the request under subsection (1); and

(b)notify the chief executive of the results of the additional test within 1 day of carrying out the test.

22Daily recording of fluoride compound information(1)This section applies if the form of fluoride added to the public potable water supply is a fluoride compound. (2)The public potable water supplier must each day record—

(a)the volume of water to which the fluoride compound has been added; and

(b)the amount of the fluoride compound the water supplier has added for the day, even if the amount is zero; and

(c)the calculated fluoride concentration of the fluoridated water; and

(d)the fluoride concentration of the fluoridated water, measured by a prescribed test.

(3)The record must be made in the approved form before the end of the day to which the record relates.(4)For subsection (2)(c), the calculated fluoride concentration of fluoridated water is the concentration of the fluoridated water worked out using the following formula—where—A means the amount of the fluoride compound in milligrams that the public potable water supplier has added for the day.B means the volume of water in litres to which the public potable water supplier has added the fluoride compound for the day.C means the concentration of the naturally occurring fluoride measured in milligrams for each litre contained in the public potable water supply before the fluoride compound is added to the water supply for the day.23Reporting fluoridation information(1)The public potable water supplier must prepare a report for each quarter stating the following information for the quarter—

(a)the number of samples of water taken for prescribed testing under section 19 by the water supplier;

(b)the average fluoride concentration of fluoridated water measured by prescribed tests performed by the water supplier;

(c)the maximum fluoride concentration of fluoridated water measured by prescribed tests performed by the water supplier;

(d)the minimum fluoride concentration of fluoridated water measured by prescribed tests performed by the water supplier.

(2)The report must be given to the chief executive in the approved form within 30 business days after the end of each quarter.(3)Subsection (4) applies if—

(a)the local government for the public potable water supply makes a decision under section 7(3) of the Act that fluoride not be added to the water supply; and

(b)the public potable water supplier ceases to add fluoride to the water supply during a particular quarter.

(4)The requirement under subsection (1) to prepare a report continues to apply to the public potable water supplier for the particular quarter.Part 6Miscellaneous24Supporting information for fluoridation notice(1)Subsection (2) applies if a public potable water supplier for a public potable water supply gives a fluoridation notice to the chief executive under section 13(3)(a) of the Act.(2)The public potable water supplier must give the chief executive supporting information for the fluoridation notice about the way in which the water supplier intends to add fluoride or cease to add fluoride to the public potable water supply.(3)The supporting information must be given to the chief executive in the approved form with the fluoridation notice. 25Prescribed entity—Act, s 73For section 73(b) of the Act, NATA is the entity prescribed.26FormsThe chief executive may approve forms for use under this regulation.Part 7Repeal27RepealThe Water Fluoridation Regulation 2008, SL No. 394 is repealed.Schedule 1Fluoride concentrations for local government areassection 4(1)Part 1Fluoride concentration 0.6mg/L

Burke

Carpentaria

Cloncurry

Doomadgee

Kowanyama

McKinlay

Mornington

Part 2Fluoride concentration 0.7mg/L

Aurukun

Banana

Barcaldine

Barcoo

Blackall-Tambo

Boulia

Bulloo

Burdekin

Cairns

Cassowary Coast

Central Highlands

Charters Towers

Cherbourg

Cook

Croydon

Diamantina

Douglas

Etheridge

Flinders

Gladstone

Hinchinbrook

Hope Vale

Isaac

Livingstone

Lockhart River

Longreach

Mackay

Mapoon

Mareeba

Mount Isa

Murweh

Napranum

Northern Peninsula Area

Palm Island

Paroo

Pormpuraaw

Quilpie

Richmond

Rockhampton

Tablelands

Torres

Torres Strait Island

Townsville

Whitsunday

Winton

Woorabinda

Wujal Wujal

Yarrabah

Part 3Fluoride concentration 0.8mg/L

Balonne

Brisbane

Bundaberg

Fraser Coast

Gold Coast

Goondiwindi

Gympie

Ipswich

Lockyer Valley

Logan

Maranoa

Moreton Bay

Noosa

North Burnett

Redland

Scenic Rim

Somerset

South Burnett

Southern Downs

Sunshine Coast

Toowoomba

Western Downs

Schedule 2Impurities affecting public healthsection 7Column 1Column 2Column 3Column 4Fluorosilicic acidSodium fluorideSodium fluorosilicateImpuritymg/Lmg/kgmg/kgAntimony47130180Arsenic160440590Barium32,00030,00020,000Beryllium9502,6003,600Cadmium3288120Chromium (total)7902,2003,000Copper32,00030,00020,000Lead160440590Mercury164459Nickel3208801,200Selenium160440590Uranium2707501,000Schedule 3Dictionarysection 2accredited laboratory means an Australian laboratory accredited by NATA as competent to perform the type of analyses required under this regulation.approved form means a form approved by the chief executive under section 26.approved method means—

(a)SPADNS colorimetric method; or

(b)ion-selective electrode method; or

(c)ion chromatography.

automatic fluoride dosing equipment means mechanical equipment that automatically adds a fluoride compound to water.batch analysis certificate, for a fluoride compound, means a certificate stating the concentration of impurities in the fluoride compound.fluoridated water means water to which fluoride has been added.fluoride compound see section 3(2).NATA means the National Association of Testing Authorities, Australia ACN 004 379 748.naturally occurring fluoride see section 3(3).prescribed test see section 19(1)(b).quarter means each of the following—

(a)1 January to 31 March of each year;

(b)1 April to 30 June of each year;

(c)1 July to 30 September of each year;

(d)1 October to 31 December of each year.

water blending equipment means equipment that blends naturally occurring fluoride with another source of water.