BHP : Memorandum of Understanding - Leinster drinking water

Memorandum of Understanding

between the

Department of Health and

BHP Nickel West Pty Ltd

for Drinking Water

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Memorandum of Understanding

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Modification / Approval History

Date	Description of Change	Page	Changed by	Approved by
17 June	Issued for Approval		---	---
2024

Memorandum of Understanding

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Memorandum of Understanding

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MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM is entered into on the 17th day of June 2024.

BETWEEN BHP NICKEL WEST PTY LTD ("the Licensee")

OF THE ONE PART

AND THE DEPARTMENT OF HEALTH ("the Department")

OF THE OTHER PART

CONTEXT

1. The Licensee is a corporatised body that is constituted under theCorporations Act 2001 (Cth).
2. The Licensee has been granted an operating licence by the Economic Regulation Authority, under theWater Services Act 2012.
3. The Licensee has the responsibility for providing a potable water supply service in accordance with its Operating Licence WL52.
4. The Department of Health is, amongst its other functions, the regulatory agency for drinking water quality in Western Australia.
5. The Department of Health has a role in providing advice to the Government of Western Australia on standards in relation to drinking water quality and associated risks to public health.
6. The Department of Health and the Chief Health Officer have certain responsibilities in relation to the protection of public health under thePublic Health Act 2016and the Health (Miscellaneous Provisions) Act 1911and other relevant legislation.
7. Both parties have a general public health duty, under section 34 of thePublic Health Act 2016, to take all reasonable and practicable steps to prevent or minimise any harm to public health that might foreseeably result from anything done or omitted to be done by them.
8. TheAdvisory Committee for the Purity of Wateris a non-statutoryinter-departmental committee that operates under the chairmanship of the Department of Health in accordance with its terms of reference and provides advice to the Ministers for Health and Water on drinking water quality.
9. The "Australian Drinking Water Guidelines", published by the National Health and
   Medical Research Council and Natural Resources Management Ministerial Council, provides an authoritative reference on what defines safe, good quality water, how it can be achieved and how it can be assured.

Memorandum of Understanding

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CONTENTS

MEMORANDUM OF UNDERSTANDING	3
1.0	FOREWORD	7
1.1	Preface	7
1.2	Design of the Memorandum	8
2.0	INTERPRETATION	9
3.0	COMMITMENT TO DRINKING WATER QUALITY	12
3.1	Resource the Memorandum	12
3.2	Identify responsible officers	12
3.3	Recognise and support the Advisory Committee for the Purity of Water	12
3.4	Develop and improve drinking water quality regulation	12
3.5	Work to protect Water Catchment Areas	12
3.6	Minimising risks from pesticides	12
3.7	Employee awareness and training	12
3.8	References to Licensee includes to its staff and contractors	13
3.9	Department and Licensee to set an implementation program	13
4.0	MANAGEMENT OF DRINKING WATER QUALITY	13
4.1	Drinking Water Quality Policy	13
4.2	Drinking water quality requirements	13
4.3	Variations to drinking water quality requirements	13
4.4	Additional requirements	13
4.5	Exemption in certain circumstances	14
4.6	Water quality obligation	14
4.7	Chief Health Officer approval to vary quality specifications	14
5.0	OTHER FORMS OF WATER SUPPLY	14
5.1	Licensee to notify the Department	14
5.2	Licensee's obligations if it provides water that is not intended for drinking	14

5.3 Licensee's obligations to manage risk in relation to water not intended for drinking15

5.4 Services by Agreement15

6.0	DRINKING WATER SUPPLIES	15
6.1	Drinking water quality risk management framework	15
6.2	Drinking water quality protocols are binding on the Licensee	15
6.3	Department to advise Licensee of amendments	15
6.4	Licensee to manage and maintain barriers	15
6.5	Risk management to cover entire catchment to tap delivery chain	16
6.6	Source protection	16
6.7	Acknowledge Drinking Water Source Protection Plan	16
6.8	Drinking Water Quality Monitoring Plan	16
6.9	Water analysis	16
6.10	Management of drinking water relating to water carting	16
7.0	MATERIALS, PRODUCTS AND CHEMICALS	17
Memorandum of Understanding	Page 4

7.1	Materials, products and substances in contact with drinking water	17
7.2	Chemicals approved for addition to drinking water	17
7.3	Chemicals used to maintain water treatment and distribution systems	17
7.4	Chemicals and materials used in water catchment areas	17
7.5	Use of herbicides in water catchment areas	17
7.6	Licensee may seek advice	17
7.7	References to Licensee includes to its contractors	17

8.0	DATA EXCHANGE	18
8.1	Provision of Licensee water quality monitoring data	18
8.2	Provision of Department data	18
8.3	Special investigations	18
8.4	Drinking water review meetings	18

9.0	EVENTS OF PUBLIC HEALTH SIGNIFICANCE	18
9.1	Framework	18
9.2	Notifiable events	19
9.3	Licensee to report	19
9.4	Department to respond	19
9.5	Maintenance of incident response plans	19
9.6	Incident response plan training and exercises	19
9.7	Memorandum does not diminish powers of Chief Health Officer	19

10.0	PUBLIC HEALTH NECESSITY	19
10.1	Determination of an Event as a Risk to Public Health	19
10.2	Declaration of water by the Chief Health Officer	20
10.3	Chief Health Officer to advise Licensee	20
10.4	Communication protocols	20

11.0	PUBLIC EDUCATION AND INFORMATION	20
11.1	Public education	20
11.2	Licensee annual drinking water quality report	20
11.3	Timing of annual drinking water quality report	20
11.4	Licensee annual drinking water quality report to be made public	20
11.5	Department annual drinking water quality report	21
11.6	Licensee quarterly drinking water quality report to be made public	21
11.7	Licensee to make data publicly available	21

12.0	EMERGING ISSUES	21
12.1	Monitoring and response	21
13.0	AUDITS	21
13.1	Purpose of an audit	21
13.2	Department may require audit	21
13.3	Audit timetable	21
13.4	Audit may only be conducted by an approved person	21
13.5	Department to maintain a list of suitable auditors	22
13.6	Audit report preparation	22
13.7	Licensee to review draft of the audit report	22
13.8	Audit report to the Licensee	22
13.9	Audit outcome	22
13.10	Audit report to the Authority	22
13.11	Audit report to be published	22
Memorandum of Understanding	Page 5

13.12 Audit cost22

14.0	ROLE OF THE DEPARTMENT	23
14.1	Role	23
14.2	As regulator	23
14.3	As auditor	23
14.4	As adviser to the Licensee	23
14.5	As adviser to the public and resource	23
14.6	As notifier to health care providers	23

15.0	REVIEW AND AMENDMENT	23
15.1	Expiry	23
15.2	Review and renewal of Memorandum	23
15.3	Amendment of Memorandum	24
15.4	Amendment of Binding Protocols upon agreement	24

16.0	COMPLETION OF MEMORANDUM	24
16.1	Memorandum is legally binding	24
16.2	Provision of complete copy of Memorandum to the Authority	24
16.3	Publication of Memorandum by Licensee	24

17.0	DISPUTE RESOLUTION	24
17.1	Parties may provide written notice	24
17.2	Parties may refer dispute to their Chief Executive Officer	24
18.0	ENDORSEMENTS	25

SCHEDULE 1	- DRINKING WATER QUALITY REQUIREMENTS	28
SCHEDULE 2	- VARIATIONS	30
SCHEDULE 3	- EXEMPTIONS	31

BINDING PROTOCOLS

Binding Protocol 1	Responsible Officers
Binding Protocol 2	Drinking Water Quality Risk Management Protocols
Binding Protocol 3	Emergency Co-ordination Plan
Binding Protocol 4	Exception Protocol

Memorandum of Understanding

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1. Foreword
2. Preface

This Memorandum of Understanding is designed to establish and maintain a strong co-operative relationship between the Licensee and the Department for managing drinking water quality and protecting public health.

The Memorandum operates within a licensing framework established by the Economic Regulation Authority in accordance with the Water Services Act2012. Obligations pertaining to this Memorandum are set out in the Operating Licence.

This Memorandum incorporates the 'Framework for Management of Drinking Water Quality' approach and the Guiding Principles set out in the "Australian Drinking Water Guidelines", and is designed to integrate all facets of the drinking water quality management and assurance system.

This Memorandum recognises the Department as the regulator of drinking water quality in Western Australia. Consequently this Memorandum enables the Department to audit the Licensee's drinking water quality, management and reporting systems to provide assurance of ongoing satisfactory performance.

Both the Department and the Licensee recognise that the risk management practices used to establish and maintain high levels of drinking water quality need to be open and transparent. Both organisations commit to ensure that performance will be reported in a timely manner and is open to public scrutiny.

Both parties are committed to implementing the "Australian Drinking Water Guidelines".

For the avoidance of doubt, the Memorandum does not cover:

• Matters that are covered by the Western Australia food regulatory framework (e.g quality and safety of drinking water or ice at registered food premises located at or servicing the Licensee's premises); or
• matters that are covered by the Western Australia aquatic facilities regulatory framework (e.g water at first aid facilities at aquatic facilities located at or servicing the Licensee's premises); or
• provision of bottled or packaged water; or
• drinking water at catered events that is not reticulated; or
• chilled water, ice, hot water or boiling water from a means that is not plumbed-in to a reticulated water distribution system.

The Memorandum refers to non-drinking water that may be provided by the Licensee, but only to the extent of ensuring that any such non-drinking water supply can not be confused with or contaminate a drinking water supply.

Memorandum of Understanding

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1.2 Design of the Memorandum

The Memorandum outlines the agreement for the:

• management of drinking water quality;
• audit of drinking water supply systems;
• publication and exchange of information and data; and
• managing events of public health significance.

In addition, this Memorandum incorporates and makes reference to:

• Schedules - documents prepared by the Department for general application in relation to the supply of drinking water in Western Australia, or documents listing relevant information about the Licensee's drinking water supply systems that is not confidential in nature.
• Binding Protocols - documents prepared by both the Department and the Licensee for detailing protocols to be followed for prescribed events. These documents are not publicly available as they may contain operationally sensitive information.
• Drinking Water Quality Risk Management Protocols - documents prepared by the Licensee to facilitate the operational implementation of drinking water quality management procedures. These documents are not publicly available as they may contain operational specific details.

NB - blue colour coded text refers to embedded hyperlinks instead of footnotes.

Memorandum of Understanding

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