New South Wales Consolidated Regulations

WATER NSW REGULATION 2020 - REG 13

13 Control of pollution in special areas and controlled areas

(1) A person must not--

(a) bring a pollutant or waste into or leave a pollutant or waste on--

(i) land in a special area or controlled area, or

(ii) if the pollutant or waste is of a nature as to increase the risk of harm to the environment on land in a special area or controlled area--any area of land adjoining the special area or controlled area, or

(b) cause or permit the pollution of waters on land in a special area or controlled area.

: Maximum penalty--400 penalty units in the case of a corporation or 200 penalty units in the case of an individual.

(2) A person does not commit an offence under subclause (1) by reason of anything done in accordance with a licence granted under the Protection of the Environment Operations Act 1997 .

(3) The owner or occupier of land in a special area or controlled area must not erect, install or operate any on-site sewage management facility on the land unless the person does so in accordance with--

(a) a development consent granted under the Environmental Planning and Assessment Act 1979 , or

(b) an approval granted under the Local Government Act 1993 , or

(c) an environment protection licence granted under the Protection of the Environment Operations Act 1997 .

: Maximum penalty--400 penalty units in the case of a corporation or 200 penalty units in the case of an individual.

(4) A person must comply with a direction given by the Regulatory Authority or an authorised officer for--

(a) the disposal of any of the following on land in a special area or controlled area (each a
"relevant substance" )--

(i) a pollutant,

(ii) waste,

(iii) another substance that is on the land and that the Regulatory Authority or authorised officer considers may detrimentally affect any land in the area, or

(b) the removal of a relevant substance from--

(i) land in the special area or controlled area, or

(ii) if the relevant substance is of a nature as to increase the risk of harm to the environment on land in the special area or controlled area--an area of land adjoining the special area or controlled area.

: Maximum penalty--400 penalty units in the case of a corporation or 200 penalty units in the case of an individual.

(5) In this clause--

"harm" to the environment includes any direct or indirect alteration of the environment that has the effect of degrading the environment and, without limiting the generality of the above, includes any act or omission that results in pollution.

"pollutant" means anything that causes pollution within the meaning of the Protection of the Environment Operations Act 1997 .

"pollution of waters" has the same meaning as in the Protection of the Environment Operations Act 1997 .

"waste" has the same meaning as in the Protection of the Environment Operations Act 1997 .