Public Health

To make a food complaint about retail businesses (except butchers) or food poisoning affecting one household, contact:

Wingecarribee Shire Council Customer Service

Telephone: 02 4868 0888

Email: mail@wsc.nsw.gov.au

To make a food complaint about butchers, food poisoning in more than one household, or other issues relating to food safety and labelling, contact:

NSW Food Authority

Telephone: 1300 552 406

Online: Food Complaint Form
Email: contact@foodauthority.nsw.gov.au
Website: www.foodauthority.nsw.gov.au

It is a requirement of the Food Act 2003 and Food Standards Code that food businesses must notify the appropriate regulatory agency before they commence operations.

Food businesses that are regulated by Council are required to notify their business details to Council by using Notification of Food Business form. This applies to any retail food businesses except for retail butchers.

Examples of food businesses that are regulated by Council include:

• Cafes
• Retail bakeries
• Restaurants
• Take away shops
• Pubs/clubs
• Caterers
• Supermarkets
• Groceries
• Convenience stores
• School and college canteens; and
• Childcare facilities that provide food

Businesses operating as a Portable Water Carter are recognised as a food business under the Food Act NSW and are required to notify council under legislation. For further information please refer to Water Filling Stations.

Food Business Notification Form

Other types of food businesses are regulated directly by the NSW Food Authority, and are required to submit their Food Business Notifications directly to them. These include:

• Food wholesalers;
• Food manufacturers, including home-based food manufacturers; and
• Food businesses that require a food safety licence.

Food Business Notification to the NSW Food Authority.

Guidelines for the establishment, construction and set-up of new food premises and the renovation of existing ones are based on the Food Safety Standard 3.2.3 (Food Premises and Equipment) and the Australian Standard 4674-2004 (Design, construction and fit-out of food premises). 

Food premises design, construction and fit-out guide(PDF, 4MB) 

NSW food legislation requires that certain types of food businesses must have a certified Food Safety Supervisor. Further information is available on the NSW Food Authority web resource Food Safety Supervisors (FSS) – Guide for businesses.

Development Control Requirements

Before commencing a home-based food business, you are responsible to ensure that:

• the intended activity is permissible under the applicable development controls; and
• if required, a Development Application (DA) approval for such activity is in place.

To enquire about the development application requirements that apply to a particular residential property, please contact Council's Duty Planner.

Food Safety & Hygiene Requirements

Information about food safety and hygiene requirements to home-based food businesses is available on the NSW Food Authority web resource Home-based and mixed businesses.

The following links provide specific information regarding food stalls and food handling at temporary events such as markets, festivals and fairs:

Guidelines for food businesses at temporary events

Food safety requirements for charitable and not-for-profit organisations

For further information, please visit the Food Authority website. 

Trading on Private Land

A mobile food business trading on private land must:

• obtain property owner’s consent;
• comply with the provisions of Clauses 2.54A-2.54B of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and any other applicable planning controls;
• submit the Food Business Notification Form to Council; and
• comply with the applicable food safety & hygiene requirements (see below).

Trading on Public Land

• A mobile food business is allowed to trade at approved markets and events as long as they:
• • obtain permission of the market or event organiser;
  • submit the Food Business Notification Form to Council; and
  • comply with the applicable food safety & hygiene requirements (see below).
• Mobile food trading on public land outside approved markets and events is not permitted without Council approval under section 68 of the Local Government Act 1993. Council does not approve mobile food trading in public parks, reserves and roadside locations, with the exception of designated Rest Areas adjacent to Hume Freeway (see below); and
• Council will only consider applications for mobile food trading in designated Rest Areas adjacent to Hume Freeway (Mackey VC Rest Area & Gordon VC Rest Area) if the applicant provides a letter of concurrence from the NSW Road & Maritime Services.

Food Safety & Hygiene Requirements for Mobile Food Premises

These guidelines inform businesses selling food from a mobile vending vehicle in NSW of their legal requirements in relation to the Food Act 2003 and the Food Standards Code. They provide information on basic requirements such as power supply and waste disposal and suggest ways to maintain food safety.

Guidelines for mobile food vending vehicles

For further information, please visit the Food Authority website. 

The following links provide specific information for charity groups wishing to hold charity events such as sausage sizzles.

Sausage sizzles and barbeques 

Food safety requirements for charitable and not-for-profit organisations  

Wingecarribee Shire Council - Environmental Health Officer

Email: mail@wsc.nsw.gov.au

Telephone: 02 4868 0888

The following areas are to remain smoke free:

• Within 10 metres of children’s play equipment in outdoor public spaces,
• Swimming pool complexes,
• Spectator areas at sports grounds or other recreational areas during organised sporting events,
• Platforms of passenger railways, bus stops and taxi ranks,
• Within 4 metres of a pedestrian access point to a public building;
• All outdoor dining.

For more information about these rules contact:

NSW Tobacco Information Line

Telephone: 1800 357 412

Website: www.health.nsw.gov.au/smokefree

View: NSW Smoke-free Laws Fact Sheet

Under the Smoke-free Environment Act 2000, smoking is not permitted in a commercial outdoor dining area which is:

• a seated dining area
• within 4 metres of a seated dining area on licensed premises, restaurant or café
• within 10 metres of a food fair stall.

Licensed venues, restaurants, cafés and shops can order free signage, factsheets and other resources from NSW Health.

For those businesses using Council-managed land for outdoor dining purposes, the licensee of the business is required to ensure the area is smoke free and comply with all NSW Health requirements. In addition they must also comply with any other smoke free clauses as contained in their outdoor dining licence agreement. If there is a breach of licence agreement conditions, Council may issue a written warning or terminate a licence.

Any designated outdoor smoking areas in licensed premises and restaurants must meet the requirements of the Smoke-free Environment Act 2000.

In addition to NSW Requirements, Council adopted the rule of no-smoking within 10 metres of Council-owned buildings.

Council's Smoke-free Outdoor Areas Policy was adopted by Council on 27 May 2015.

Council's policy aims to raise awareness of and minimise the harmful effects of smoking (including passive smoking or second-hand smoking) on community health, local amenity and the natural environment.

Council encourages the community to get behind this initiative when occupying these smoke-free areas. Signage has been rolled out in order to assist with identification of these areas.

NSW Health and Council are relying on general compliance by residents and businesses to keep these public areas smoke-free. NSW Health is responsible for the administration and enforcement of the Smoke-free Environment Act 2000.

For those businesses and individuals who fail to comply with these NSW Health rules, penalties may apply. 

For those businesses using Council-managed land for outdoor dining purposes, the licensee of the business is required to ensure the area is smoke free. If there is a breach of licence agreement conditions, Council may issue a written warning or terminate a licence. More information can be found at Smoke-free Outdoor Dining.

If you think an outdoor smoking ban has been broken, report it to:

NSW Health

Telephone: 1800 357 412

NSW Health suggests that public water supplies remain the most reliable source of good quality drinking water for the community. In urban areas, rainwater tanks should be utilised for non-drinking uses such as flushing toilets, washing clothes and outdoor purposes such as swimming pools, watering gardens and washing cars. This is because public water supplies in NSW are filtered, disinfected, fluoridated and regularly monitored for quality.

The main concerns of the NSW Health Department regarding water supplied via rainwater tanks relate to microbiological and chemical contamination. Maintenance of your tank and the tanks catchment area needs to be conducted to minimise the risk. 

The following things should be avoided in, or removed from, the rainwater catchment area to reduce the risk of water contamination:

• Organic material & treated wood products

• Vehicle exhausts or emissions 

• Exposure of tank water to light

• Lead based paints and lead flashing

• Acrylic paints as they may contain dissolved detergents and chemicals

• Bitumen-based materials

• Mosquitoes / vermin

• Use only high quality pipes and fittings made of drinking water grade materials, not storm water grade materials

• Ensure your tank been flushed with clean water after the manufacturing process

• Have precautions been taken to ensure your tank water will be exposed to minimal light? This may require you to seal the inlets and outlets of the tank

• Your tank should be mosquito and vermin proof, with the inlets and outlets of your tank having secure covers and mesh strainers

• Avoid catching water off your roof near discharge flues from wood fires, kitchen exhausts, air conditioners and hot water systems 

• If pumping is required, ensure the pump size is matched to the primary tank in use. Incorrectly matched pumps can lead to unnecessary energy use.

Council requires a Land Use Application for the installation of rainwater tanks larger than 10,000L. There are no fees associated with this type of Land Use Application. You can access the Approvals Application Form & Guide through Councils website.

An application is required as Council needs to assess how the location of your tank will affect your neighbours, the location of the flow pipe and any potential erosion problems.

The installation of a first flush diverter prevents the first portion of roof run-off from entering the tank. This ensures any dust, leaves, and other contaminants that may have accumulated on your roof are not washed into the tank.

Gutters should have sufficient and continuous fall to downpipes to prevent the pooling of water. Stagnant water encourages algal growth and provides a site for mosquito to breed. A fall of one in 100 should be sufficient.

The following maintenance is required to ensure water quality is maintained in your rainwater tank:

Roof Catchments

Regular inspection of gutters to clear debris, remove over hanging vegetation, and regularly clean all tank screens.

Sludge Removal

Tanks should be examined every 2 to 3 years for the build up of sediment and plant material on the bottom of the tank. This sludge can be removed through siphoning the bottom of the tank or completely emptying the tank. Employing the services of a professional tank cleaner may be the best choice due to confined space issues, tank movement concerns and other safety issues associated with the process.

Disinfecting tank water is not generally necessary unless you expect that the water is contaminated or you have been advised by your doctor. Water filters can be installed at drinking points. For guidelines visit Australian Department of Health site on Rainwater Tanks.

Rainwater tanks can provide an excellent habitat for mosquito’s to breed in. In addition to causing nuisance, certain types of mosquito can be vectors for virus. This is more of an issue in the Sydney and Illawarra Regions with Ross River and Barmah Forest viruses reported to be transported by the mosquitos. The symptoms of these viruses are mainly rheumatic affecting the joints and presenting flu like symptoms.

Mosquito borne disease may become more common in Australia due to rising temperatures and humidity associated with climate change. The Australian Department of Health provides an additional guide to rain water tanks with information on mosquitos in sub-tropical areas of Australia.

By far the preferred approach for managing mosquitoes and other insects is to keep them out of tanks. In addition, rainwater should not be allowed to pool in containers or on surfaces below tank outlets or taps, as this can also provide a breeding site.

Unless in use, all access points excluding the inlet and any overflows should be kept shut and close fitting removable lids or screens fitted.

Tanks water should be inspected for the presence of mosquito larvae (wrigglers).

Further information on preventing mosquitos can be found in the Guidance Manual for the Design and Installation of Urban Roofwater Systems in Australia.

Guidance Manual For The Design and Installation of Urban Roofwater Harvesting Systems In Australia Edition 1(PDF, 1MB)

• Australian Department of Environment & Energy

• Australian Government Sustainable Homes Guide 

• NSW Health Rain Water Tank Guide 

• NSW Plumbing code standards and notes

• Australian Government: Guidance and Use of Rainwater Tanks