The Department of Health has developed guidance notes to help water agencies (water suppliers and water storage managers) comply with the Victorian safe drinking water regulatory framework.
We will progressively update guidance to assist with compliance with the Safe Drinking Water Regulations 2025.
Safe Drinking Water Act 2003
Regulated water (section 6)
'Regulated water' refers to water that is not intended for drinking but could be mistaken as drinking water.
The Minister for Health can declare a water supply as regulated water to protect public health.
Suppliers of regulated water need to have an audited risk management plan to prevent people from mistaking the supply as drinking water.
Notice of a regulated water declaration is published in the Victoria Government Gazette.
The department works with water suppliers to identify regulated water supplies and advises the Minister for Health whether or not these should be declared as regulated water.
Exemptions (section 20)
Key messages
- Water suppliers can seek exemptions from water quality standards.
- Water suppliers should consult with the affected community before applying for an exemption.
- The Minister for Health may approve applications with certain conditions.
Section 20 of the Safe Drinking Water Act 2003 (the Act) allows water suppliers to seek exemptions from the drinking water quality standards. The current standards are specified in regulation 16 of the Safe Drinking Water Regulations 2025.
With an exemption, water suppliers do not need to meet a specified quality standard during the exemption period. However, they still need to monitor and manage for any risks associated with the exempted parameter. Any exemption granted may also specify particular conditions on the exemption.
For example, if a bushfire impacts a catchment area, the supplier may apply for an exemption from the turbidity standard of 5 NTU until the sediment has passed. During the exemption period, the supplier must still continue to monitor turbidity levels and manage associated risks.
Exemption applications
Use the Application for exemption: drinking water quality standards form to apply for an exemption.
You need to provide information as specified in section 20(2) of the Act, which includes:
- the standard from which the exemption is sought
- the water supply area or system affected and the reasons for the exemption
- the period during which the exemption would apply and the reasons for that period
- any benefits and adverse impacts the exemption is likely to introduce
- the risk prevention measures that will be taken if the application is approved
- a description of the consultation that has taken place regarding the proposal with a summary of the input provided.
Water suppliers should consult with the affected community before applying. This may include through community meetings, media notices or newsletters.
Exemption applications should include copies of relevant documents and correspondence used for public consultation.
Application outcome
The Department of Health reviews exemption applications and makes recommendations to the Minister for Health (the Minister). Under section 20(3) of the Act, the Minister may approve an application if they are satisfied that:
- adequate measures will be taken to minimise any public health risks
- the affected community has been adequately consulted
- the benefits of the exemption outweigh the impacts (including the likely costs).
Applicants will be notified in writing of the outcome.
Exemption conditions
Under section 21 of the Act, approved exemptions may include certain conditions, such as a timeframe for the exemption.
Conditions may be specified when the exemption is approved, or at a later date with written notice from the Minister.
Water supplier and water storage manager annual reports (section 26)
Water agencies need to provide an annual report to the department and the public every financial year detailing their water quality and providing details of their regulated water supplies.
This annual report must be given to the department by 31 October each year and made available to the public.
For more information, see Drinking water quality annual reports.
Undertakings (section 30)
Water agencies can apply for an undertaking if they are likely to violate the Safe Drinking Water Act 2003 (the Act) or the Safe Drinking Water Regulations 2025 (the Regulations).
Undertakings detail how a water agency would address a violation of the Act or the Regulations and stop it from happening again.
Examples of when a water agency may apply for an undertaking are:
- If one or more of the water quality standards are not being met.
- If a risk management plan will not be completed by the specified date.
Notifications and reports (sections 18 and 22)
Section 18 of the Act applies when drinking water does not comply, or is unlikely to comply, with the standards.
Section 22 of the Act applies when drinking water may not be safe or cause widespread public complaint.
If drinking water is suspected of being contaminated, a boil water advisory may be issued. The Australian drinking water guidelines 2011 includes Guidance for issuing and lifting boil water advisories.
See Drinking water reports and notifications for more information.
Guidance has been developed to assist water agencies to comply with sections 18 and 22 of the Safe Drinking Water Act 2003 and regulation 20 under the Safe Drinking Water Regulations 2025.
Safe Drinking Water Regulations 2025
Regulation 20
Water suppliers are required to give analysis results to the Secretary that indicate:
- a contravention of a drinking water quality standard
- in the reasonable opinion of the water supplier, the level of a characteristic measured in the water may pose a risk to public health or result in widespread public complaint.
Guidance has been developed to assist water suppliers to comply with regulation 20 under the Safe Drinking Water Regulations 2025.
Water sampling areas
A water sampling area is a designated area where collected water samples are representative of the drinking water supplied to consumers in that area.
Water suppliers are required to collect drinking water samples from appropriate water sampling areas. These samples must be analysed and assessed against the relevant water quality standards.
A list of local water supplier and sampling areas for each suburb/town can be found at Water suppliers.
Risk management plans
Water agencies must prepare, implement and review risk management plans.
Drinking water quality standards
Water suppliers must ensure their drinking water meets the standards.
Varying sampling frequency
Water suppliers can apply to vary their sampling frequency.
The Secretary can also mandate a change to sampling frequency in the water sampling areas.
Water quality annual report
Water agencies must prepare an annual report on the quality of drinking water and regulated water relating to each financial year as specified by the Regulations.
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