Statutory Regulation of Water Quality in Modern Australia

Abstract

At the beginning of the 21st century, there has been recent development, in human historical terms, of substances that can cause serious harm to human health, and also development of remarkable new analytical technologies capable of detecting substances at the atomic level. Despite this, Australia, though an advanced country, has not implemented any mandatory water quality standards or developed a program similar to well established U.S. or European programs. Presented in this paper is an analysis of the statutory regulatory methods for domestic water in mainland Australia. First, the paper briefly reviews the need for mandatory regulations as opposed to voluntary guidelines. Second, the development of guidelines for drinking water by the National Health and Medical Research Council is reviewed, followed by the legislative requirements in each of the five mainland States of Australia. Drinking water guidelines have been used to assist planning and management and were not construed to be legally enforceable mandatory standards. Health Acts in each State remain the primary statutory defenders of water quality, and the variability between Acts is considerable. Third, other legislation that states the necessity of a high quality of water but does not guarantee its deliverance for all uses is referenced as miscellaneous provisions supporting the need for a comprehensive risk reduction water quality program. The main organizations that supply water in Australia are listed along with the nature of their obligations to supply a quality product. Each State has specific water sanctions that attempt to safeguard water quality, but the legal rights of customers have not advanced substantially. The major administrative scheme in Australia that can enforce quality is licensing, and is this limited to the urban regions of Victoria, New South Wales, and Western Australia.