New South Wales Consolidated Acts

WATER ACT 1912 - SECT 21A

21A Pollution of rivers and lakes

(1) Any person who discharges or puts, or permits to be discharged, put, or carried, or to fall, or flow into a river or lake:

(a) any noisome, noxious, poisonous or unwholesome matter, or

(b) any foul water, slop water or household waste water, refuse, rubbish, garbage, solid or liquid sewage, sludge, slime, cinders, ashes, or any solid refuse of any factory, manufacturing process, mine, quarry, trade works or business, or drainage from a privy, cess pit, slaughter house, stable, cowyard or pigsty, or

(c) any water or liquid proceeding from any mine (including sluicing and dredging operations), factory, manufacturing process, trade works or business, which water is so charged with chemicals, sludge, slime, silt, soil or other matter as to render the water of the river or lake unfit for human consumption, or domestic purposes, or for watering stock or for the irrigation of land,

shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding 25 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 1 penalty unit for each day during which the offence continues after notice in writing by the Ministerial Corporation to abate or cease the offence has been given to the person offending.

(2) Notwithstanding the provisions of subsection (1) where the Ministerial Corporation has served upon any person a notice requiring that person to abate any act matter or thing mentioned in that subsection and the person has failed to comply with the notice, the Ministerial Corporation by its officers or servants or any person authorised by it in that behalf may enter upon any land or premises and inspect the same and take such measures as it may consider necessary for such abatement and it shall not be necessary for the Ministerial Corporation to obtain an injunction or other order of a court to entitle it to make such entry or to take such measures. The Ministerial Corporation may recover the cost and expense incurred by it in making such entry and taking such measures from the person offending as a debt.

(3) Nothing contained in this section shall be construed to impair any power of abating nuisances at common law.