South Australian Current Acts South Australian Current Acts64A—Action by Minister in case of unauthorised release of pollutant
(1) Where the Minister
knows of, or has reason to suspect, the unauthorised entry of a pollutant into
surface or underground water in a water protection area and is of the opinion
that the pollutant has degraded or is likely to degrade the water, the
Minister may, by notice served on the owner or occupier of the land, or the
owner of the vessel or aircraft, from which the pollutant entered the water,
direct the owner or occupier of the land or the owner of the vessel or
aircraft to take such action as the Minister specifies in the notice—
(a) to
prevent further entry of a pollutant into the water or any other water;
(b) to
remove a pollutant that has entered the water from the water or from land on
which the pollutant has been deposited.
(2) A person on whom a
notice has been served is entitled to enter any land in order to comply with
the notice.
(3) If the person on
whom a notice has been served fails to comply with the notice, the Minister
may enter the land, vessel or aircraft and take the action specified in the
notice and such other action as the Minister considers appropriate in the
circumstances and the Minister's costs will be a debt due by the person to the
Minister.
(4) In an emergency
the Minister is not obliged to serve notice under subsection (1) but may
enter the land, vessel or aircraft and take such action as the Minister
considers appropriate in the circumstances and the Minister's costs will be a
debt due to the Minister by the owner and occupier of the land or the owner of
the vessel or aircraft.