LEGAL RESPONSIBILITY
(This site is under construction)
This section is prepared from documents sourced from state government departments and is offered as "advice" only. Consumers are advised to check with their local and state regulators before diverting greywater to reuse around their domestic property.
NOTE: There are many
facets of the various state and local regulations and guidelines for which you
may have difficulty finding scientific support. Indeed, many aspects of
greywater reuse may appear to be a "belt and braces" approach to risk analysis
without evidence in support. You will not be alone in your confusion between
states and often between local authorities. Sometimes the regulations will
be at odds with what Ministers spruik.
Statutory requirements:
Each state has Acts which are pieces of legislation passed by the state
parliament and upon official consent by the "Governor" become law, that is,
there will be mechanisms by which the Act is interpreted, how it will be
administered and how breaches to the Act can be prosecuted and penalties
imposed.
The Acts that capture "greywater reuse" vary from state to state and appear even under different types of legislation. In Queensland they appear under the Plumbing Act while in NSW under the Local Government Act and in Victoria under the Environment Protection Act. Often there are numerous pieces of legislation covering different part of greywater reuse as government agency ply for their piece of the action.
Acts, Regulations, By-Laws, Guidelines
and Standards
Each act generally authorises the preparation of "Regulations" which, unlike
Acts, do not require the approval of Parliament. They do not require debate in
the Parliament and they do not need the votes of the majority of the
parliamentary members, nor do the members need to be made aware of the pending
regulations prior to enactment. A Minister may initiate the preparation of
regulations that further define the practical application of the Act, make
definitions, impose penalties and levels of penalty. In those regulations, the
responsible Director-General of the Department is given the power to authorise
and approve any guidelines that are considered appropriate for the practical
application of the regulations - without reference to anyone! As guidelines
under the Regulation, they often only require consideration before an authority
can approve a greywater system, but in NSW there are many instances where even
"draft guidelines" have been found by the courts to require adherence.
In each state a government department may have authority to regulate greywater
use under one or more pieces of legislation. In some states, the authority has
been delegated to the local council and Council in turn has prepared its own
guidelines.
Local Government Councils also have the legislative right (and obligation) to
prepare by-laws, planning instruments, development control plans or special
sections under their local environmental plan to control on-site wastewater and
greywater within their areas. Indeed, Councils also have obligations to ensure
that legislative requirements for greywater are enforced by either "orders to
comply" or prosecution notices.
Government departments and councils can prepare guidelines that are then
referenced in Regulations or By-laws and these guidelines become legally binding
on the parties to which they apply. Unfortunately not all guidelines are "ideal"
and there can be many disputes between authorised officers and consultants over
practical solutions. However, failure to comply with an "order" only leads to
more trouble.
The Australian Standards have no legally binding effect upon on-site wastewater
management unless the specific standards are "called up" (specifically referred
to) under departmental or council authority. Councils may also make their own
policy and guidelines as they see fit, and these guidelines do not necessarily
have to agree with the relative Australian Standards.
So, before spending money on a greywater reuse project - check that it is legal
and that the various authorities have been appeased by the payment of assigned
fees and charges.
Commonwealth Initiatives in agreement
with States
SMART WATER http://www.smartwatermark.info/home/default.asp
NEW SOUTH WALES (several departments
have guidelines and various regulations)
Section 75A is a newly inserted section into the Local Government Act 1993. It
refers specifically to greywater reuse. To avoid misquoting the section, it is
copied below.
75A Approval required for domestic greywater diversion
(1) For the purposes of item 10 of Part F of the Table to section 68 of
the Act, domestic greywater diversion is prescribed as an activity that requires
the prior approval of the council.
(2) However, domestic greywater diversion may be carried out without the prior
approval of the council if:
(a) it is
carried out in accordance with the Plumbing and Drainage Code of Practice, and
(b) a sewage
management facility is not installed on the premises concerned, and
(c) the
following performance standards are achieved:
(i) the prevention of the spread of disease by micro-organisms,
(ii) the prevention of the spread of foul odours,
(iii) the prevention of contamination of water,
(iv) the prevention of degradation of soil and vegetation,
(v) the discouragement of insects and vermin,
(vi) ensuring that persons do not come into contact with untreated sewage or
effluent (whether treated or not) in their ordinary
activities on the premises concerned,
(vii) the minimisation of any adverse impacts on the amenity of the premises
concerned and surrounding lands.
(3) Failure to comply with subclause (2) (c) is not a breach of that performance
standard if the failure was due to circumstances beyond the control of the
person carrying out the domestic greywater diversion.
(4) In this clause: "domestic greywater diversion" means the installation and
operation of a system for diverting greywater generated on residential premises
to a garden or lawn on those premises, but does not include the manual
collection and re-use of greywater (for example, by means of a bucket or similar
receptacle)."greywater" means waste water from washing machines, laundry tubs,
showers, hand basins and baths, but does not include waste water from a kitchen,
toilet, urinal or bidet."residential premises" does not include premises
The Plumbing and Drainage Code of Practice can be downloaded from the following site: http://www.deus.nsw.gov.au/water/Plumbing.asp. The code applies to all Local Government Councils in NSW under the Local Government Act 1993.
Section 1.12 of the Code states: "It is the property owner's responsibility to maintain the plumbing and drainage works on the property and to comply with any specific maintenance requirements referred to in this Code."
AUSTRALIAN CAPITAL TERRITORY - Department of Health
Reference: http://www.health.act.gov.au/c/health?a=da&did=10087127&pid=1103502499
VICTORIA- Environment Protection Authority
The following have been taken from Victoria Environment Protection Authority which states "
EPA supports water conservation methods and believes that greywater can be reused effectively and safely in domestic situations by following a few simple tips (see below).
Greywater do's
-
Only use wastewater from baths, showers, hand basins and washing machines (preferably the final rinse water).
-
Only use greywater on the garden and rotate which areas you water.
-
Only apply enough water that the soil can absorb.
-
Wash your hands following watering with greywater.
-
Stop using greywater during wet periods.
-
Stop using greywater if odours are generated and plants do not appear to be healthy.
Greywater don'ts
- Water vegetable gardens if the crop is to be eaten raw or uncooked.
- Use greywater that has faecal contamination, for example wastewater used to launder nappies.
- Use kitchen wastewater (including dishwashers) due to the high concentration of food wastes and chemicals that are not readily broken down by soil organisms.
- Store greywater for more than 24 hours.
- Let children or pets drink or play with greywater.
- Allow greywater to flow from your property or enter stormwater systems.
A publication is available for download EPA Publication 812.2 - Domestic Wastewater Management Series, Reuse Options for Household Wastewater
Reference: http://www.epa.vic.gov.au/water/reuse/reuse.asp
QUEENSLAND (Department of Local Government)
http://www.lgp.qld.gov.au/?id=3044
Can use only approved Greywater Treatment Systems (http://www.lgp.qld.gov.au/?id=4016)
WESTERN AUSTRALIA
TASMANIA