§ 116 — Direction for unwholesome drinking water incident, etc.

116.—(1) The Director‑General may, in any of the circumstances described in subsection (2), give a written direction under this section to all or any of the following:(a)

a proprietor of a food business, whether or not a food business licensee;

(b)

a drinking water producer providing a drinking water service;

(c)

a person who supplies drinking water that has been directly obtained from the Public Utilities Board or another drinking water producer;

(d)

a person who has a duty to control, manage and administer any common property comprising any network infrastructure for distributing drinking water from the Public Utilities Board or another drinking water producer to occupants of premises in a subdivided building; and common property has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004.

(2) A written direction may be given under subsection (1) where the Director‑General reasonably believes that —(a)

drinking water supplied, or to be supplied, by a drinking water producer as part of a drinking water service is unwholesome, or may be the means by which an illness is being, has been, or will be, transmitted; or

(b)

a direction is necessary for the purposes of averting, eliminating or minimising a risk, or a perceived risk, to human health among the general public in relation to drinking water.

(3) A written direction under subsection (1) may require the person to whom it is addressed to do or not to do any thing reasonably required for the purpose for which the direction is given, including one or more of the following:(a)

a requirement that the person discontinue, or not start —(i)

supplying any drinking water; or

(ii)

any other specified activity,

for a specified period or until further notice is given by an authorised officer;

(b)

a requirement that the person not supply any drinking water or not carry on a specified activity, except subject to specified conditions;

(c)

a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;

(d)

a requirement that the person take action to prevent, eliminate, minimise or control any specified risk to the general public in relation to drinking water, or to control any specified activity;

(e)

a requirement that the person comply with any standard in any Part 6 Regulations, or any guideline or code in relation to drinking water which is prepared or published by the Agency and referred to in the direction;

(f)

a requirement that the person undertake specified tests or monitoring in relation to drinking water;

(g)

a requirement that the person provide an authorised officer referred to in the direction or to the Agency specified results or reports;

(h)

a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the Agency, a plan of action to secure compliance with a relevant requirement or to prevent, eliminate, minimise or control any specified risk to human health among the general public in relation to drinking water;

(i)

in the case of a drinking water producer providing a drinking water service, a requirement to notify affected consumers that drinking water supplied by the drinking water producer as part of its drinking water service should be boiled, or treated in some other way, before drinking.

(4) Subject to subsection (5), a written direction under subsection (2) takes effect when it is given to the person to whom it is addressed, and continues in force until the earlier of the following occurs:(a)

the expiry date stated in the direction is reached;

(b)

the Director‑General revokes the direction.

(5) Where the Director‑General gives a written direction under subsection (2) requiring a person —(a)

to discontinue, or not start, supplying any drinking water; or

(b)

to not supply any drinking water except subject to specified conditions,

because the Director‑General has reasonable grounds to believe that the direction is necessary or desirable to prevent or control a threat (actual or imminent) to public health or an imminent risk of death or serious illness, that direction takes effect in accordance with subsection (4) but expires on (and including) the 10th day after that date it takes effect.

(6) However, the cessation of a written direction under subsection (1) having effect (whether or not by revocation) does not prevent another written direction being made and given by the Director‑General if the Director‑General is satisfied that the circumstances warrant it under subsection (1).

(7) A reference in subsection (1) to the Director‑General includes a reference to an authorised officer duly appointed by the Director‑General to act for him or her for the purpose of this section.

—(1) The Director‑General may, in any of the circumstances described in subsection (2), give a written direction under this section to all or any of the following:(a)

a proprietor of a food business, whether or not a food business licensee;

(b)

a drinking water producer providing a drinking water service;

(c)

a person who supplies drinking water that has been directly obtained from the Public Utilities Board or another drinking water producer;

(d)

a person who has a duty to control, manage and administer any common property comprising any network infrastructure for distributing drinking water from the Public Utilities Board or another drinking water producer to occupants of premises in a subdivided building; and common property has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004.

(2) A written direction may be given under subsection (1) where the Director‑General reasonably believes that —(a)

drinking water supplied, or to be supplied, by a drinking water producer as part of a drinking water service is unwholesome, or may be the means by which an illness is being, has been, or will be, transmitted; or

(b)

a direction is necessary for the purposes of averting, eliminating or minimising a risk, or a perceived risk, to human health among the general public in relation to drinking water.

(3) A written direction under subsection (1) may require the person to whom it is addressed to do or not to do any thing reasonably required for the purpose for which the direction is given, including one or more of the following:(a)

a requirement that the person discontinue, or not start —(i)

supplying any drinking water; or

(ii)

any other specified activity,

for a specified period or until further notice is given by an authorised officer;

(b)

a requirement that the person not supply any drinking water or not carry on a specified activity, except subject to specified conditions;

(c)

a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;

(d)

a requirement that the person take action to prevent, eliminate, minimise or control any specified risk to the general public in relation to drinking water, or to control any specified activity;

(e)

a requirement that the person comply with any standard in any Part 6 Regulations, or any guideline or code in relation to drinking water which is prepared or published by the Agency and referred to in the direction;

(f)

a requirement that the person undertake specified tests or monitoring in relation to drinking water;

(g)

a requirement that the person provide an authorised officer referred to in the direction or to the Agency specified results or reports;

(h)

a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the Agency, a plan of action to secure compliance with a relevant requirement or to prevent, eliminate, minimise or control any specified risk to human health among the general public in relation to drinking water;

(i)

in the case of a drinking water producer providing a drinking water service, a requirement to notify affected consumers that drinking water supplied by the drinking water producer as part of its drinking water service should be boiled, or treated in some other way, before drinking.

(4) Subject to subsection (5), a written direction under subsection (2) takes effect when it is given to the person to whom it is addressed, and continues in force until the earlier of the following occurs:(a)

the expiry date stated in the direction is reached;

(b)

the Director‑General revokes the direction.

(5) Where the Director‑General gives a written direction under subsection (2) requiring a person —(a)

to discontinue, or not start, supplying any drinking water; or

(b)

to not supply any drinking water except subject to specified conditions,

because the Director‑General has reasonable grounds to believe that the direction is necessary or desirable to prevent or control a threat (actual or imminent) to public health or an imminent risk of death or serious illness, that direction takes effect in accordance with subsection (4) but expires on (and including) the 10th day after that date it takes effect.

(6) However, the cessation of a written direction under subsection (1) having effect (whether or not by revocation) does not prevent another written direction being made and given by the Director‑General if the Director‑General is satisfied that the circumstances warrant it under subsection (1).

(7) A reference in subsection (1) to the Director‑General includes a reference to an authorised officer duly appointed by the Director‑General to act for him or her for the purpose of this section.