Safe Drinking Water Act 2011 (DHW 2023-24 Annual Report)

Part 8 – Miscellaneous

S 50 – Agreement and consultation with local government sector

1. The Minister must take reasonable steps to consult with the LGA from time to time in relation to the administration and enforcement of this Act.
2. If the Minister and the LGA enter into an agreement with respect to the exercise of functions under this Act by councils, then the Minister must prepare a report on the matter and cause copies of the report to be laid before both Houses of Parliament.
3. A report under subsection (2) must be accompanied by a copy of any relevant written agreement between the Minister and the LGA.
4. The Minister must consult with the LGA before a regulation that confers any function on councils is made under this Act.
5. The annual report of the Minister under this Act must include a specific report on—
   1. the outcome of any consultation undertaken under subsection (1) or (4); and
   2. the operation of any agreement referred to in subsection (2).

S 51 – Annual report by Minister

1. The Minister must, on or before 30 September in each year, prepare a report on the operation of this Act for the financial year ending on the preceding 30 June.
2. The Minister must, within 6 sitting days after completing a report under subsection (1), cause copies of the report to be laid before both Houses of Parliament.

S 52 – Annual reports by enforcement agencies

1. An enforcement agency (other than the Minister) must, on or before 30 September in each year, furnish to the Minister a report on the activities of the enforcement agency under this Act during the financial year ending on the preceding 30 June.
2. The Minister must, within 6 sitting days after receiving a report under subsection (1), cause copies of the report to be laid before both Houses of Parliament.

The objectives of the Safe Drinking Water Act 2011 (the Act) and Safe Drinking Water Regulations 2012 (the Regulations) are to:

• ensure that drinking water supplied to the South Australian public is safe
• provide direction to drinking water providers on how to achieve a safe drinking water supply
• implement principles of the Australian Drinking Water Guidelines 2011 (ADWG).

The Act requires:

• registration of drinking water providers
• development and implementation of Risk Management Plans (RMPs) for individual drinking water supplies including approved monitoring programs and incident protocols
• audit or inspection of drinking water supplies
• reporting of incidents to the department
• provision of water quality results to the public on request.

The department administers the Act with assistance from Local Government. Annual reports of council activities are provided in Appendix 3. Within the Department, the Water Quality Unit is responsible for day to day administration of the Act with assistance from the Health Protection Operations and Food Safety and Audit sections.

Registration of drinking water providers

During 2023-24, the department registered one new drinking water provider and deregistered 13 drinking water providers (12 due to exemption; see below). At 30 June 2024, there were 163 drinking water providers registered with the department. Some providers include multiple drinking water supplies under one registration. SA Water has a dual registration which includes a total of 87 water supplies while the Department for Education’s single registration includes 90 schools and preschools.

As required under Section 11 of the Act, the department maintains a list of registered drinking water providers on the SA Health website. Councils are advised of drinking water providers within their area on a minimum annual basis.

Exemption for chlorinated on-supplies

An exemption to the Act was Gazetted in December 2023 for drinking water providers who only supply drinking water to one premises and additionally treat drinking water supplied by a registered provider with chlorine as a disinfectant. This resulted in the deregistration of 12 hospitals, where an SA Water supply was being additionally chlorinated on-site. Hospitals typically chlorinate drinking water to improve the control of micro-organisms, such as Legionella, that can grow in plumbing systems and represent a public health risk to vulnerable patients. Legionella is regulated under the South Australian Public Health (Legionella) Regulations 2013. The only risk from additional chlorination of water entering premises is overdosing which is infrequent due to the automatic processes used and is readily detected and remedied.  

Risk management plans

All drinking water providers must have a Risk Management Plan (RMP) that includes an approved monitoring program and incident protocol. In 2023-2024 the department revised existing standard RMP templates for providers of bore water and rainwater  and water carters. New guidance to support completion of these templates were also developed.

During 2023-24, the department reviewed draft RMPs for drinking water providers seeking registration and amendments to RMPs from registered providers. Amendments can be required in response to changes introduced by drinking water providers or to rectify non-compliance identified as part of a drinking water inspection or audit.

Water quality incidents

Under Section 13 of the Act, a drinking water provider’s RMP must include a procedure for identifying, notifying and responding to water quality incidents. The department receives notification of incidents and provides advice and direction on remedial actions required to maintain safety of drinking water supplies.

Incidents reported by SA Water

SA Water incidents are reported according to the interagency Water/Wastewater Incident Notification and Communication Protocol (the Protocol). The department maintains the Protocol and provides the Water Incident Coordinator. Incidents are classified as Priority Type 1, Type 1 or Type 2 health incidents.

• Priority Type 1 incidents are likely to require an immediate interagency meeting to develop responses and consider possible issuing of public advice. In the absence of appropriate interventions these incidents could cause serious risk to human health
• Type 1 water quality incidents, in the absence of appropriate intervention could cause serious risk to human health
• Type 2 incidents represent a low risk to human health but may provide preliminary warnings of more serious incidents.

The total number of incidents notified to the department by SA Water during 2023-24 (179) was the same as 2022-23. One Priority Type 1 incident was raised during 2023-24 due to the detection of high concentrations (>100,000 cells/ml) of an atypical cyanobacterium Microcystis aeruginosa in the River Murray. The incident was later downgraded to a Type 1 following confirmation that it was non-toxic. The algal bloom was closely monitored while it lasted to ensure that the water treatment plants were operating effectively for the removal of cyanobacterial cells and taste and odour compounds.

In 2023-24 there was an increase in the detection of elevated cyanobacteria concentrations in drinking water reservoirs but these were managed appropriately to prevent risks to drinking water quality.  

Detection of enteric protozoa (Cryptosporidium and Giardia) in drinking water catchments and source waters reduced in 2023-24, possibly influenced by lower rainfall in the first six months of 2024.  There were three Type 1 incidents involving detection of Cryptosporidium including one in treated drinking water and two at the inlets to drinking water treatment plants. The Cryptosporidium detected in the treated drinking water was not human infectious. Cryptosporidium were not detected in follow up samples. No faults were detected from the continuous monitoring of treatment plant performance during the periods when the protozoa were detected. Installation of ceramic membranes for the treatment of filter backwash water at the Anstey Hill Treatment Plant provided additional protection of drinking water quality.

The number of incidents (three) for drinking water reservoirs open to recreational activities decreased from nine in 2022-23. These incidents were managed effectively and did not have a measurable impact on drinking water quality. 

There was a decrease in the number of detections of E.coli in drinking water samples in 2023-24. Detections were low-level and in isolated samples, with follow-up samples clear of E.coli. Overall compliance of E.coli monitoring remained high.

Other Type 1 incidents included:

• infrequent exceedances of health-related chemical and radiological guideline values
• potential contamination following the discovery of an animal / vermin in distribution tanks
• potential drinking water contamination from a sewer damaged during repair of a drinking water mains break
• elevated concentrations of disinfection by-products in drinking water
• short-term interruptions to disinfection
• cross-connection between a drinking water main and pipework from a private bore

The Department coordinated communication and responses for all reportable incidents and liaised with SA Water to ensure remedial actions or responses were implemented in a timely manner to ensure the protection of public health was maintained at all times.

Incidents reported by other drinking water providers

In 2023-24 there were eight drinking water incidents reported to the department by providers other than SA Water.

Six incidents were due to the detection of E.coli in drinking water supplies sourced from rainwater tanks. Three of these incidents occurred at the same site and the department is working closely with this provider. In each case the follow-up sample was clear. However, following the third detection of E.coli, an alternative drinking water supply was provided to users until a comprehensive on-site investigation and remedial actions were undertaken including a follow-up sample being free of E.coli. Remedial actions included verification of operation and maintenance of the UV disinfection system, immediate inspection and chlorination of tanks and pipework flushing. The provider is also undertaking more frequent routine testing of E.coli and is in regular communication with the department.

Other incidents included a UV disinfection failure resulting in the detection of E.coli in drinking water and a chlorine over-dose. In both cases remedial actions were immediately implemented to ensure a safe drinking water supply.

Approval of auditors and inspectors

Auditors and inspectors are approved under Section 15 of the Act in line with established competency criteria.  Approval as either a Level 1 or 2 Auditor or Level 3 Inspector is based on technical skills and experience. The types of drinking water supply that can be audited or inspected by an individual are defined in approval conditions. In 2023-24, the department:

• approved two Level 2 Auditors and one Inspector
• reapproved one Level 2 Auditor and one Inspector following expiry of existing approvals
• provided support for local government auditors and inspectors
• provided on-site training for local government Environmental Health Officers considering becoming approved auditors or inspectors.

At 30 June 2024, there were 31 approved auditors and inspectors including independent auditors, department staff and local government employees. The department maintains a *list of approved auditors and inspectors on the SA Health website.

Audits and inspections

The Act requires that all drinking water providers are subject to an audit or inspection every year or every two years as described in a schedule published in the Government Gazette. Under Section 20(4) of the Act, the drinking water provider is responsible for ensuring the audit or inspection is carried out in accordance with the published schedule. Reports of all audits and inspections are required to be submitted to the department within 21 days of the audit or inspection being undertaken.

The Water Quality Unit oversees the audit and inspection program. Where possible drinking water audits and inspections are coordinated with the activities of the Health Protection Operation and Food Safety and Audit sections to reduce impacts on providers. Audits and inspections are also performed by Local Government and independent auditors. Where required Dairysafe undertakes inspections of independent drinking water supplies used by dairy processors as part of existing food safety audit activities.

Fees for drinking water audits and inspections undertaken by the department were introduced in December 2023. Charging fees for regulatory inspections is standard practice and is implemented by the Department, other Government agencies and local councils for other types of inspections and audits. Some local councils and independent auditors and inspectors charge for undertaking drinking water audits and inspections. The introduction of fees by the Department will promote consistency in practices and remove the disincentive for entry of other auditors/inspectors. Fees are categorised based on classes of drinking water providers ranging from level 1 – 3. These levels reflect the complexity and size of the provider or water supply and for 2023-24 the fees ranged from $209 to $627.

During 2023-24 there were a total of 52 audits and inspections of drinking water supplies (Table 1). This included 24 audits and 11 inspections conducted by the department. Five audits and 12 inspections were conducted by Local Government and independent auditors including a comprehensive audit of SA Water. The number of audits and inspections undertaken by the department was lower than 2022-2023 when 54 were conducted. This was due to a number of factors including resource limitations and time invested in the introduction of fees and exemption of chlorinated on-supplies which will reduce demand on departmental resources in the longer term. Audits and inspections of drinking water providers rated as ‘high risk’ were prioritised during the reporting period (Table 1).

Audits and inspections led to advice being given to a number of drinking water providers about actions to improve operation and management of drinking water supplies. Non-compliances identified in 2023-24 included incomplete or insufficient RMPs, improvements required for operational monitoring, failure to notify a water quality incident and lack of detail or absence of documentation relating to maintenance activities and water quality monitoring.

Table 1: Audits and inspections based on risk ratings

*Two hospitals were audited prior to cancellation of registration due to exemption. These hospitals are not included in the total number of registered drinking water providers (163) at 30 June 2024.

Follow-up processes including changes in inspection/audit frequencies were implemented by the department as required to ensure compliance with the requirements of the Act. The department maintains a database of non-compliances reported as an outcome of audit and inspection of drinking water providers.

Quality of water and provision of results

Under Section 27 of the Act, drinking water providers must make results of any monitoring program available to the public. SA Water provides consumers with water quality information through publication of data on their website and in their annual report. Other drinking water providers can provide results to consumers on request by letter, email or telephone.

Approval of laboratories

No laboratories were approved during the reporting period. Approved water quality testing laboratories are listed on the SA Health website.

Administration and enforcement

Part 7 of the Act incorporates enforcement provisions including the appointment of authorised officers with appropriate qualifications and experience by enforcement agencies. In addition, an Instrument of Authorisation was signed by the Minister in March 2020 giving authorised officers authority to issue expiation notices pursuant to the Expiation of Offences Act 1996 for offences allegedly committed against the Act and Regulations. There were no new appointments made within the department during 2023-24. At 30 June 2024 there were 12 authorised officers. Authorised officers appointed by Local Government are provided in council annual reports (Appendix 3).

Consultation with the local government sector

Under Section 50 of the Act, the Minister must take reasonable steps to consult with the Local Government Association (LGA) from time to time in relation to the administration and enforcement of the Act. During 2023-24 the Department continued to support Local Government in the administration and enforcement of the Act, undertaking routine drinking water audits and inspections and providing assistance with complex water quality issues and other routine enquiries. Training was arranged for council officers considering becoming auditors or inspectors. Consultation occurred with the LGA and councils about the introduction of fees for drinking water audits and inspections undertaken by SA Health. This included a presentation at the Food Safety Auditor Forum, which was attended by 13 councils with registered drinking water providers. An FAQ document was also developed for councils to provide further information on the introduction of fees. The LGA consulted with department on the review of the Routine Audit and Inspection Fee Guidelines which provide guidance for councils in charging fees for drinking water audits and inspections. Communication with councils also occurred about the introduction of the exemption for facilities that add additional chlorine to mainswater supplied by a registered drinking water provider.