After section 136C of the Principal Act , the following Division is inserted in Part 6:

Division 4 - Registration of water carriers

136D.     Water carriers

(1)  In this section –

water tank means a receptacle that is designed, or used, for the carriage of liquids in bulk.

(2)  For the purposes of this Act, a person carries on the undertaking of a water carrier if the person carries on an undertaking that –

(a) supplies, whether or not for fee or reward, water that is intended for human consumption; and

(b) supplies such water by transporting it in a water tank that is situated in or on, or is attached to, a vehicle.

(3)  A person does not carry on the undertaking of a water carrier by reason only of being the driver of a vehicle that carries water.

136E.     Water carriers required to be registered

(1)  A person must not carry on the undertaking of a water carrier unless the person is registered with the council in respect of the municipal area in which will be stored the majority of vehicles by which water is to be supplied in the course of carrying out the undertaking.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person who is required under this section to be registered as a water carrier –

(a) must comply with the conditions, if any, of the registration and with any relevant guidelines; and

(b) must supply water, as part of the undertaking of being a water carrier, in a manner that does not pose a threat to public health.

Penalty:  Fine not exceeding 50 penalty units.

136F.     Application for registration

(1)  A person may apply to a council to be registered as a water carrier.

(2)  An application is to be –

(a) in the approved form; and

(b) lodged at the public office of the council; and

(c) accompanied by the applicable council fee.

136G.     Grant or refusal of registration

(1)  A council may –

(a) grant an application for registration as a water carrier and register the applicant without conditions or on the conditions the council thinks fit; or

(b) refuse to grant an application for registration as a water carrier.

(2)  In determining an application, a council is to have regard to –

(a) public health and any relevant guidelines; and

(b) whether the applicant is likely to comply with the Act and any relevant guidelines; and

(c) if the applicant has previously been registered as a water carrier – the extent to which the applicant has complied with the Act, any relevant guidelines, and any conditions of such registration.

(3)  The council, by notice in writing served on an applicant for registration, must notify the applicant of –

(a) the granting of the application; or

(b) the refusal to grant the application.

136H.     Issue of certificate of registration

If a council grants an application under section 136G or section 136I it is to –

(a) issue in an approved form a certificate of registration as a water carrier; and

(b) endorse the certificate with the conditions, if any, on which the application is granted; and

(c) specify on the certificate –

(i) the name and address of the person to whom it is issued; and

(ii) the date on which the registration is granted and the period for which, subject to this Act, the registration remains in force; and

(iii) the equipment, and the vehicle registration number of the vehicles, to be used by the person in carrying on the undertaking of a water carrier.

136I.     Renewal of registration

(1)  A person may apply to the relevant council to renew the registration of the person as a water carrier.

(2)  An application is to be –

(a) in the approved form; and

(b) lodged at the public office of the council; and

(c) accompanied by the applicable council fee.

(3)  A council may –

(a) grant an application for renewal of registration as a water carrier and register the applicant without conditions or on the conditions the council thinks fit; or

(b) refuse to grant an application for renewal of registration as a water carrier.

(4)  In determining an application, a council is to have regard to –

(a) public health and any relevant guidelines; and

(b) whether the applicant is likely to comply with the Act and any relevant guidelines; and

(c) the extent to which the applicant has complied with the Act, any relevant guidelines, and any conditions of registration as a water carrier.

(5)  The council, by notice in writing served on an applicant for renewal of registration, must notify the applicant of –

(a) the granting of the application; or

(b) the refusal to grant the application.

136J.     Duration of registration

(1)  The registration of a person as a water carrier remains in force for the period of 12 months, or a shorter period specified by the council and specified on the certificate of registration, from the date on which the application for registration, or for renewal of registration, is granted.

(2)  However, if an application to renew the registration of a person as a water carrier is lodged and not determined before the registration expires, the period of the registration is extended until the application is determined.

136K.     Variation of registration

(1)  A council, on its own volition or on application by a person who is registered as a water carrier, may vary the registration of the person as a water carrier by omitting, adding, substituting or amending any condition of the registration.

(2)  Before varying the registration, the council is to consider the protection of public health and any relevant guidelines.

(3)  The council, by notice in writing served on the holder of the certificate of registration as a water carrier, is to notify any variation of the registration.

(4)  The variation of the registration takes effect –

(a) if an application for review of the decision to vary the registration is not made under section 163B – 28 days after service of the notice; or

(b) if an application for review of the decision to vary the registration is made under section 163B and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review – on the day the decision was affirmed.

136L.     Cancellation of registration

(1)  A council may cancel the registration of a person as a water carrier if –

(a) a condition of the registration, or a provision of the Act, or of the guidelines, that applies to a water carrier, has not been complied with; or

(b) the water source, or the supply of water by the water carrier, is a threat to public health or a likely threat to public health.

(2)  The council, by notice in writing served on the holder of a certificate of registration as a water carrier, is to notify the cancellation of the registration.

(3)  The cancellation of the registration takes effect –

(a) if an application for review of the decision to cancel the registration is not made under section 163B – 28 days after service of the notice; or

(b) if an application for review of the decision to cancel the registration is made under section 163B and the Magistrates Court (Administrative Appeals Division) makes a decision affirming the decision under review – on the day the decision was affirmed.

136M.     Water carrier must give notice to public if water unsafe

(1)  A person required to be registered under section 136E as a water carrier must, if the person becomes aware that the quality of the water in relation to which the person is registered as a water carrier is a threat to public health or is likely to become a threat to public health, take any action, to prevent the threat, that is specified in any relevant guidelines and is necessary and practicable.

(2)  Action that the relevant guidelines may specify for the purposes of subsection (1) includes, but is not limited to including, any actions for any of the following purposes:

(a) restricting or preventing the use of the water;

(b) rendering the water safe;

(c) giving warnings and information to the public about the safe use of the water or risk of using the water.