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Plumbing and Drainage Regulation 2017 

What is this about? 

The Plumbing and Drainage Regulation 2017 has been developed to replace the Plumbing and Drainage Regulation 2012 which was automatically repealed on 1 September 2017 under the Subordinate Legislation Act 1989.

The 2017 Regulation provides administrative detail to support the effective operation of the Plumbing and Drainage Act 2011 which regulates certain on-site plumbing and drainage work in NSW.

The Act establishes NSW Fair Trading as the single plumbing regulator in NSW to monitor compliance with the Act and perform audit-based inspections to target plumbing activities that pose the greatest risk to consumers and public health and safety. The Act also prescribes the Plumbing Code of Australia as the technical standard for plumbing and drainage work in NSW.

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What has happened so far? 

Stakeholder consultation has been ongoing during the remake of the Plumbing and Drainage Regulation. Submissions in response to the Regulatory Impact Statement closed Friday, 7 July 2017. View a list of submissions received in response to this consultation.

NSW Fair Trading has carefully analysed submissions and feedback received as part of the public consultation period. Submissions were generally supportive of the Regulation, and comments received from industry and the public helped to inform further changes to the 2017 Regulation.

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Why is this needed? 

It was necessary to remake the Regulation as the Plumbing and Drainage Regulation 2012 which was automatically repealed on 1 September 2017 by the Subordinate Legislation Act 1989. Without supporting regulations, the Act cannot operate or be effectively administered. 

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What are the changes? 

Changes to the Regulation are outlined in the Regulatory Impact Statement and have been further shaped through consultation with industry, stakeholders and the public.

The 2017 Regulation contains the following changes:

  • revising the plumbing regulator’s fee structure for inspections of plumbing and drainage work
  • removing the requirement that a notice of work must be given to the plumbing regulator two days before work not involving an alternative solution commences
  • reducing the maximum penalty payable for certain penalty notice offences
  • broadening the methods a person can use to provide information to a plumber or drainer for work involving a proposed alternative solution
  • other minor changes to update requirements.

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Next steps 

The Plumbing and Drainage Regulation commenced on 1 September 2017 and is published on the NSW legislation website.

All stakeholders who provided submissions have been sent a copy of the Regulation.

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