After section 129 of the Principal Act , the following Division is inserted in Part 6:

Division 1B - Water quality management

129A.     Water to be managed so as not to be threat to public health

An Agency, public authority, regulated entity, or other person, that is managing or in control of water must manage the water in a manner that does not pose a threat to public health.

Penalty:  Fine not exceeding 100 penalty units.

129B.     Guidelines in relation to water quality management

(1)  The guidelines may –

(a) require a person managing or in control of water that is intended for human consumption to prepare, in relation to the water, a plan (a water quality management plan ) to promote and maintain the quality of the water; and

(b) specify the matters that are to be included in a water quality management plan; and

(c) require a person to review, and provide reports in respect of, the operation of a water quality management plan; and

(d) require a person to take steps to ensure that a water quality management plan is implemented; and

(e) specify that the Director may require a person to vary the provisions of a water quality management plan.

(2)  A water quality management plan may, if permitted by the guidelines, relate to one or more sources, or bodies, of water that is intended for human consumption.

(3)  The guidelines may require a person managing or in control of water that is intended for human consumption –

(a) to prepare and implement plans to ensure that the requirements of this Act, or of any water quality management plan, in relation to the water are met; and

(b) to provide to the Director the reports, in relation to the management or control of the water or the implementation of a water quality management plan, that the Director requires.

(4)  The guidelines may –

(a) require a person to ensure that a water quality auditor audits –

(i) a water quality management plan; and

(ii) the management and control of each of the sources of the water to which such a plan relates or the bodies of the water that contain the water to which such a plan relates; and

(b) specify the matters to which such an audit is to relate and that are to be contained in any reports in relation to such audits; and

(c) require a water quality auditor to provide to the Director reports in relation to audits conducted by the auditor.

129C.     Approval of water quality auditors

(1)  A natural person may apply to the Director for approval as a water quality auditor.

(2)  An application is to be –

(a) in the approved form; and

(b) accompanied by the prescribed fee, if any.

(3)  The Director may refuse to consider an application by a person unless the person has provided to the Director the information the Director requires in order for the application to be determined.

(4)  The Director may, after considering an application by a person –

(a) grant an approval to the person in writing, either on conditions specified in the approval or without conditions; or

(b) refuse to grant an approval to the person.

(5)  The Director may only grant an approval to a person if –

(a) the Director is satisfied that the person is competent to carry out the duties of a water quality auditor, having regard to –

(i) the person's technical skills and experience; and

(ii) the approved competency criteria, if any; and

(b) the Director is not aware of any grounds on which, if the person held the approval, the approval could be suspended or cancelled under section 129E .

(6)  Without limiting the conditions on which an approval may be granted to a person, an approval may be granted on condition that the person does not conduct an audit in relation to a person specified in the approval.

(7)  If the Director refuses to grant an approval to a person, the Director must give to the person notice of the refusal and of the reasons for the refusal.

(8)  Unless the approval is cancelled under section 129E , an approval remains in force for 12 months from the date on which it is granted.

(9)  An approval is not to be taken to be in force at any time during a period for which the approval is suspended.

129D.     Variation of condition of approval as a water quality auditor

(1)  The Director, by notice in writing served on a person who holds an approval, may vary the conditions of the approval.

(2)  The variation of the conditions of an approval takes effect –

(a) if an application for review of the decision to vary the conditions is not made under section 160C – 28 days after the notice of the variation is served under subsection (1) ; or

(b) if an application for review of the decision to vary the conditions is made under section 160C and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review – on the day the decision was affirmed.

129E.     Suspension and cancellation of approval

(1)  The Director, by notice served on a water quality auditor who holds an approval, may suspend or cancel the approval, if the Director is satisfied that –

(a) the water quality auditor has contravened any provision of this Act or the relevant guidelines; or

(b) the water quality auditor has contravened a condition of the approval; or

(c) the water quality auditor has not carried out an audit, or prepared a report, for the purposes of the guidelines –

(i) competently; or

(ii) in accordance with the provisions of the relevant guidelines; or

(d) the water quality auditor had a conflict of interest in relation to another person at the time at which the water quality auditor carried out, in relation to the other person, an audit or report for the purposes of the relevant guidelines; or

(e) the approval ought to be cancelled for any other reason.

(2)  The cancellation of an approval under subsection (1) takes effect –

(a) if an application for review of the decision to cancel the approval is not made under section 160C – 28 days after the notice of the cancellation is served under subsection (1) ; or

(b) if an application for review of the decision to cancel the approval is made under section 160C and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review – on the day the decision was affirmed.

(3)  The Director, at the request of a water quality auditor, may, by notice served on the person, cancel the water quality auditor's approval.

129F.     Duties of water quality auditors

(1)  A water quality auditor must notify the Director as soon as practicable after becoming aware that the auditor has, or may have, a conflict of interest in relation to a person at the time of conducting an audit, or preparing a report, for the purposes of the relevant guidelines, in relation to the person.

(2)  A water quality auditor must notify the Director as soon as practicable, but in any case within 24 hours, after becoming aware that water, in relation to which the auditor is conducting or has conducted an audit, is a threat to public health or is likely to become a threat to public health.

129G.     When water quality auditor to be taken to have conflict of interest

(1)  For the purposes of this Act, a water quality auditor has a conflict of interest in relation to another person if the auditor –

(a) has, directly or indirectly, a material personal interest in relation to the other person; or

(b) has, under the relevant guidelines, a conflict of interest in relation to the person.

(2)  For the purposes of this Act, a water quality auditor does not have a conflict of interest in relation to another person by reason only that the auditor is paid, under a contract or arrangement with the person, to carry out a duty of the auditor under this Part or the guidelines.

(3)  In this section –

material personal interest in relation to the other person includes, in relation to a water quality auditor –

(a) a pecuniary or non-pecuniary interest, of the auditor, in the other person; and

(b) an interest, in the other person, of a relative of the auditor; and

(c) the holding of another office by the auditor, where there arises, or may arise, a conflict between his or her duties in that office and his or her duties, in relation to the person, as an auditor.

129H.     List of auditors to be kept and made available

(1)  The Director is to establish and maintain a list of water quality auditors and their contact details.

(2)  The list of water quality auditors is to be made available to the public free of charge.