Australian Capital Territory
Utilities (Technical Regulation) (Water and Sewerage Network Boundary Code) Approval 2018 
Disallowable instrument DI2018–62
made under the  
Utilities (Technical Regulation) Act 2014, section 14 (Technical codes––approval)

1	Name of instrument
This instrument is the Utilities (Technical Regulation) (Water and Sewerage Network Boundary Code) Approval 2018. 
2	Commencement 
This instrument commences on the day after it is notified. 
3	Approval of code
I approve the Water and Sewerage Network Boundary Code (this Code) set out in the schedule.
4	Public access
This Code is available for inspection by the public between 8:30 am and 4:30 pm, from Monday to Friday except for public holidays, at Access Canberra at South Building, Dame Pattie Menzies House, 16 Challis Street Dickson ACT. Copies of the Code can be also made at Access Canberra. Electronic copies of the Code are available on the Access Canberra website at https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/2203/~/water-and-energy-utilities-technical-regulation. No charge will apply.

Mick Gentleman MLA
Minister for the Environment and Heritage
9 April 2018 

Australian Capital Territory

Water and Sewerage Network Boundary Code
A technical code under the Utilities (Technical Regulation) Act 2014 

March 2018

Table of Contents
1   INTRODUCTION	2
1.1	Technical Codes	2
1.2	Network Boundaries	2
1.3	Regulated Utility to Comply with Technical Codes	2
2   PURPOSE AND APPLICATION OF THIS CODE	2
2.1	Purpose	2
2.2	Application	2
3   DICTIONARY	2
4   BOUNDARIES OF WATER NETWORKS	3
4.1	Boundary Between Water Networks	3
4.2	Boundary Between Water Utility’s Network and Customer’s Premises	3
4.3	Alternative Boundary Between Water Network and Customers’ Premises	4
5   BOUNDARIES OF SEWERAGE NETWORKS	4
5.1	Boundary Between Sewerage Networks	4
5.2	Boundary Between Sewerage Utility’s Network and Customer’s Premises	4
5.3	Alternative Boundary Between Sewerage Utility’s Network and Customer’s Premises	5
DICTIONARY	6

1	INTRODUCTION

1.1	Technical Codes

The Water and Sewerage Network Boundary Code (this Code) is a technical code under part 3 of the Utilities (Technical Regulation) Act 2014 (ACT) (the Act).

1.2	Network Boundaries

Section 53 of the Act states that the boundary of a network must be worked out in accordance with a technical code. 

1.3	Regulated Utility to Comply with Technical Codes

Under section 14 of the Act, the Minister may approve a technical code as recommended by the technical regulator. If this Code applies to a regulated utility and the regulated utility fails to comply with this Code and is negligent in compliance activities in relation to this Code, the offence provision under section 16 of the Act will apply.

2	PURPOSE AND APPLICATION OF THIS CODE

2.1	Purpose

The purpose of this Code is to define the boundary between: 

(1)	in relation to water networks,
(a)	the water network of one water utility and the water network of another water utility; and
(b)	a water utility’s water network and a customer’s premises; 

(2)	in relation to sewerage networks,
(a)	the sewerage network of one sewerage utility and the sewerage network of another sewerage utility; and 
(b)	a sewerage utility’s sewerage network and a customer’s premises.

2.2	Application

This Code applies to water utilities and sewerage utilities.

3	DICTIONARY

The dictionary at the end of this Code is part of this Code.

4	BOUNDARIES OF WATER NETWORKS

4.1	Boundary Between Water Networks

(1)	The boundary between the water network of one water utility and the water network of another water utility must be a designated point (or series of such points) as agreed between the water utilities involved. 

(2)	This agreement in subclause 4.1(1) must include clarification of the ownership of any dedicated plant and/or fittings, such as water meters, sampling points and monitoring and control systems that belong to one water utility but lie within the boundary of the other water utility’s water network.

(3)	The boundary in subclauses 4.1(1) and (2) must be defined with the agreement of the technical regulator and advised to the Independent Competition and Regulatory Commission (ICRC).

4.2	Boundary Between Water Utility’s Network and Customer’s Premises

(1)	The connection point between the water connection pipe of the water utility and the plumbing system of the customer is the designated boundary. This is typically the outlet to the first isolating valve inside of the lease boundary where such a valve is in close proximity (1 metre) to the lease boundary. 

(2)	When the above definition in subclause 4.2(1) does not cover the situation of the water network and customer’s premises, the following exceptions will apply.

(a)	Where the isolating valve occurs outside of the customer’s premises, the water utility will take responsibility for any work required outside of the premises, whilst the customer will take responsibility for any work inside of the premises.
(b)	Where there is no isolating valve or the first isolating valve that occurs is not within close proximity to the customer’s boundary, the water utility may install such a valve at the customer’s expense.
(c)	Where no lease boundary exists, or for specific applications such as irrigation of ovals, parks, gardens overhead filling points etc, the boundary will be defined through written agreement between the customer and the water utility with the agreement of the technical regulator and advised to the ICRC. 
(d)	Where the water connection to the customer’s premises occurs through another person’s premises, the boundary is the outlet of the isolating valve in close proximity to the upstream premises closest to the watermain, with that person assuming responsibility for the connection that traverses through their premises.
(e)	Where a customer’s water plumbing system serves a number of premises, the point of supply to all the premises is the upstream premises closest to the watermain.
(3)	In either case of subclause 4.2(1) or (2), the meter and the threads on the meter must remain the property of the water utility, irrespective of their location on the customer’s water pipes. 

4.3	Alternative Boundary Between Water Network and Customer’s Premises

Despite any other provision in this Code, a water utility and a customer may with the agreement of the technical regulator with advice to the ICRC:

(1)	agree in writing upon an alternative boundary between the water network and the customer's premises; and/or

(2)	define assets within a customer's premises to be part of the water network whether or not they are on the customer's premises.

5	BOUNDARIES OF SEWERAGE NETWORKS

5.1	Boundary Between Sewerage Networks

(1)	The boundary between the sewerage network of one sewerage utility and the sewerage network of another sewerage utility must be a designated point (or series of such points) as agreed between the sewerage utilities involved. 

(2)	The boundary must be defined in writing with the agreement of the technical regulator and advised to the ICRC.

5.2	Boundary Between Sewerage Utility’s Network and Customer’s Premises

(1)	The connection point between the sewer connection pipe of the sewerage network and the house drainage system of the customer is the designated boundary. This is typically the collar immediately downstream of the last Inspection Opening (IO) on the household drains and is known as a designated connection point. The designated connection point is defined in terms of both distance and depth on the approved drainage plan.

(2)	When the above definition in subclause 5.2(1) does not cover the situation of the sewerage network and customer’s premises, the following exceptions will apply.

(a)	Where the designated connection point occurs outside of the customer’s premises, the sewerage utility will take responsibility for any work required outside of the customer’s premises whilst the customer will take responsibility for any work inside of their premises.
(b)	Where the sewerage utility decides that the designated connection point is outside of the customer’s premises, it may relocate that connection point to bring it back into the customer’s premises.
(c)	Where the sewer connection to the customer’s premises occurs through another person’s premises then the designated connection point remains as described at, or near, the boundary of the first or downstream premises, with the owner of those premises assuming responsibility for the connection that traverses through their premises. 
(d)	Where a customer’s drainage system serves a number of premises, the point of collection to all the premises is to the downstream premises closest to the network sewermain.

5.3	Alternative Boundary Between Sewerage Utility’s Network and Customer’s Premises

Despite any other provision in this Code, a sewerage utility and a customer may with the agreement of the technical regulator with advice to the ICRC:

(1)	agree in writing upon an alternative boundary between the sewerage network and the customer's premises; and/or
(2)	define assets within a customer's premises to be part of the sewerage network whether or not they are on the customer's premises.

DICTIONARY
	
(1)	Act means the Utilities (Technical Regulation) Act 2014 (ACT).
(2)	customer means: 
(a)	a person for whom the service is provided under a customer contract; or
(b)	a person who has applied, orally or in writing, to the relevant utility for the service to be provided under a customer contract.
(3)	customer contract means: 
(a)	a standard customer contract, made under the Utilities Act 2000 (ACT); or
(b)	a negotiated customer contract, made under the Utilities Act 2000 (ACT).
(4)	designated connection point means a point referred to on the approved drainage plan, identifying where the sewerage network connection point for the property has been established. 
(5)	Independent Competition and Regulatory Commission (ICRC) ––see section 5 of the Independent Competition and Regulatory Commission Act 1997 (ACT). 
(6)	meter means a meter or other apparatus used for the measurement of water including any pipes and fittings ancillary to the meter or apparatus.
(7)	person includes a corporation as well as an individual. 
(8)	premises has the same meaning as in the Utilities Act 2000 (ACT).
(9)	sewerage network ––see section 14 of the Utilities Act 2000 (ACT). 
(10)	sewerage utility means a utility that provides a sewerage service. 
(11)	sewerage service ––see section 13 of the Utilities Act 2000 (ACT). 
(12)	sewermain means a pipeline forming part of the sewerage utility’s sewerage network. 
(13)	technical code means a code approved by the Minister under part 3 of the Act.
(14)	technical regulator has the same meaning as in the Act.
(15)	water network ––see section 12 of the Utilities Act 2000 (ACT).
(16)	water utility means a utility that provides a water service.
(17)	water service ––see section 11 of the Utilities Act 2000 (ACT).
(18)	watermain means a pipeline forming part of a water utility’s water network.