Water Efficiency Labelling and Standards Determination 2005
I, IAN GORDON CAMPBELL, Minister for the Environment and Heritage, make this Determination under sections 18 and 27 of the Water Efficiency Labelling and Standards Act 2005. Dated 15 June 2005 IAN CAMPBELL Minister for the Environment and Heritage
1 Name of Determination This Determination is the Water Efficiency Labelling and Standards Determination 2005. 2 Commencement This Determination commences on the day after it is registered. 3 Definitions In this Determination: Act means the Water Efficiency Labelling and Standards Act 2005. set of minor products has the meaning given by section 9. 4 Determination of WELS products (Act s 18) For subsection 18 (1) of the Act, a product in any of the following categories of water-use or water-saving products is a WELS product if the WELS standard, set out in Schedule 1, applies to it: (a) showers; (b) dishwashers; (c) clothes washing machines; (d) lavatory equipment; (e) urinal equipment; (f) tap equipment; (g) flow controllers. 5 WELS standards (Act s 18) For subsection 18 (2) of the Act, Schedule 1 sets out the WELS standard for the products mentioned in section 4 of this Determination. Note 1 Subsection 19 (1) of the Act provides that the WELS Standard must set out criteria for the water efficiency and general performance of WELS products, and requirements about product labels. These can be found in section 2 of, and Annex B to, Schedule 1. Note 2 Subsection 19 (2) of the Act provides that the WELS Standard may require products to be registered for specified supplies of the product. Annex C to Schedule 1 sets out which products may, and which products must, be registered. 6 Application for registration (Act s 27) For subsection 27 (1) of the Act, section 4 of, and Annex A to, Schedule 1 set out the manner and form in which application may be made for the registration of a WELS product. 7 Conditions for product to remain registered (Act s 27) For subsection 27 (2) of the Act, clauses 4.5, 4.6 and 4.7 of Schedule 1 specify conditions that must be complied with in order for a WELS product to remain registered. 8 Registration fee (Act s 27) (1) For paragraph 27 (1) (b) of the Act, a fee of $1 500 is payable for an application for the registration of: (a) a WELS product; or (b) 2 or more WELS products of the same family of models; or (c) a set of minor products. (2) For paragraph (1) (b), WELS products are of the same family of models if each product: (a) is in the same category; and (b) has the same: (i) manufacturer; and (ii) brand name; and (iii) water efficiency rating; and (iv) performance; and (c) has the same physical characteristics (that is, characteristics that could affect the water efficiency or performance of the product, and do not affect only its appearance). 9 Minor products On application by a manufacturer of WELS products, the WELS Regulator must declare 2 or more products to be a set of minor products if: (a) each product has the same manufacturer and brand name; and (b) the applicant submits evidence to the Regulator showing that fewer than 100 of each of the products can be expected to be sold each year. Note A person who is not the manufacturer of a WELS product may be taken to be the manufacturer: see subsection 26 (2) of the Act and regulation 5 of the Water Efficiency Labelling and Standards Regulations 2005.
Schedule 1 WELS standards and related matters (sections 4, 5, 6 and 7)
