Architects, engineers and specifiers
If you are an architect, engineer or specifier and you are importing, supplying or making water-using products as part of your projects then you have legal obligations under the WELS Act.
Your legal responsibilities
Architects, engineers and specifiers who are designing and incorporating water-using products into domestic and commercial building projects need to ensure that the products meet the WELS Standard.
If you are supplying or selling products you will need to meet legal obligations to ensure that the products:
- are registered with the WELS Regulator and the product has a WELS label and
- have their labels clearly visible to the customer while offered for sale.
As an architect, engineer or specifier you are considered to be the direct seller of the product if you:
- include product sales as part of tendering or offering work in building and construction projects or in building refurbishment and renovation or
- are selling in any other capacity.
This is true whether or not the client requests a product. You will not be liable if you install a product that:
- someone else sells to a customer or
- that has been bought by the customer through retail supply.
What are the WELS products?
The WELS water-using products are toilets, urinals, some taps, showers, registered flow controllers (not mandatory), clothes washers and dishwashers. Other products are being examined for possible future inclusion in the scheme.
Registering
To register a product, go to the product registering page for instructions and to register (preferably online).
Registered products must comply with the WELS Standard, which outlines the following requirements for each of the WELS products:
- product definitions
- performance and rating requirements
- registration and
- labelling specifications including requirements for packaging, swing tags, product displays, publicity and product specifications.
All products with a WELS label should be registered. If you have any doubts, or find you have been sold unlabelled products you should contact your own supplier and the WELS team at WELS@environment.gov.au or on 1800 803 772.
You can search for registered products on the WELS product search database.
Labelling
All labels have required minimum dimensions.
Whitegoods
The label needs to be fixed (e.g. glued) to the upper front portion of dishwashers or clothes washers.
If fixing the label directly on the machine will damage the finish (e.g. permanently mark or stain finishes such stainless steel) the label can be attached to the machine by a doubled-sided swing tag or single-sided non-rotating swing tag.
Plumbing and sanitary ware
For products displayed for sale in packaging
The label needs to be fixed (e.g. glued) to packaging so that it is clearly visible on the front portion of the package when it is hung from a rack or placed on a shelf.
For products displayed for sale outside packaging
There are four options:
- the correctly-sized label fixed to the product itself or
- a swing tag showing the correctly-sized label on both sides securely attached to the product or
- a correctly-sized label fixed next to the product so it is obvious that the product and the label are linked or
- a tag (e.g price tag) fixed next to the product showing WELS star rating and the water consumption figure (e.g. WELS 3 Star, 9L/min) so long as there is a clear and obvious connection between the tag and the product.
When a product is sold after being selected from the above forms of unpackaged display items, the product must be provided labelled.
Advertising and promotions
The WELS legislation requires that the WELS label (or label text information) must be:
- prominent when WELS products are displayed, promoted, marketed, sold or supplied at any point in the supply chain and
- included on any product specification, brochure, advertising, magazine, catalogue and website where a registered product is profiled.
Free text information
As an alternative to using the WELS label in promotional activities, free text may be used describing a product's:
- water efficiency star rating and
- water consumption figure (e.g. WELS 3 Star, 9L/min).
Label and free text size
While the size of labels and free text may be scaled to fit the promotional medium, the label information must remain readable with normal or corrected vision. Annex B of the WELS Standard sets out colour and size specifications for labels.
Showrooms
The promotional requirements above apply to all showrooms displaying WELS products for supply or sale, including trade and architectural displays, display homes, display units and building developments.
Building developments and display homes
For building developments and display homes:
- all inspection homes/units must display WELS labelled products (as this is considered to be the point of supply and
- to be legally sold with WELS products, they must contain WELS compliant stock.
If you are currently working on a major building development and think you will be supplying or selling unlabelled products, you will need to contact WELS at WELS@ environment.gov.au or on 1800 803 772.
Enforcement
Under the WELS Act penalties apply for:
- failing to meet registration and labelling requirements
- failing to meet minimum efficiency and performance requirements and
- misusing WELS standards and information.
If you are not sure that you are complying with the Act, contact WELS at wels@environment.gov.au.
WELS inspectors with significant monitoring and investigation powers are in the field checking that manufacturers, suppliers and retailers are complying with the WELS Act. Strong enforcement powers under the WELS Act include the ability to:
- impose significant fines
- compel the withdrawal of a product or products from supply
- deregister product/s and
- advertise convictions.
For more information go to Frequently Asked Questions - How is the scheme being enforced?
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