Queensland

Environmental Protection Act 1994

ENVIRONMENTAL PROTECTION (WATER) POLICY 1997

sections 31 & 32 only

Environmental Protection (Water) Policy 1997

Prohibition on deposit or release of certain things

31.(1) This section applies to the following things—

(a) rubbish;

(b) scrap metal, motor vehicle parts, motor vehicle bodies or tyres;

(c) building waste;

(d) sawdust;

(e) solid or liquid waste from an on-site domestic waste water treatment system;

(f) cement or concrete;

(g) a degreasing agent, paint, varnish or paint thinner;

(h) any manufactured product, or any by-product or waste from a manufacturing process, that has a pH less than 6 or greater than 9;

(i) an insecticide, herbicide, fungicide or other biocide;

(j) oil.

(2) A person must not deposit or release a thing to which this section applies—

(a) into a roadside gutter, stormwater drain or a water; or

(b) in a place where it could reasonably be expected to move or be washed into a roadside gutter, stormwater drain or a water.

Maximum penalty—

(a) for a thing mentioned in subsection (1)(a) to (d)—20 penalty units; or

(b) for a thing mentioned in subsection (1)(e) to (j)—40 penalty units.

(3) However, a person does not commit an offence against subsection (2) if the deposit or release was authorised under an environmental authority, environmental management program, environmental protection order or emergency direction.

(4) If a person is charged with an offence against subsection (2), it is a defence to the charge for the person to prove—

(a) the deposit or release happened while carrying out a lawful activity; and

(b) the person complied with the general environmental duty either by complying with the relevant code of practice (if any) or in some other way.

Prohibition on build-up of sediment

32.(1) A person must not—

(a) release stormwater run off into a roadside gutter, stormwater drain or a water that results in the build-up of sand, silt or mud in the gutter, drain or water; or

(b) deposit sand, silt or mud—

(i) in a roadside gutter, stormwater drain or a water; or

(ii) in a place where it could reasonably be expected to move or be washed into a roadside gutter, stormwater drain or water and result in a build-up of sand, silt or mud in the gutter, drain or water.

Maximum penalty—20 penalty units.

(2) However, a person does not commit an offence against subsection (1) if the release or deposit was authorised under an environmental authority, environmental management program, environmental protection order or emergency direction.

(3) If a person is charged with an offence against subsection (1), it is a defence to the charge for the person to prove—

(a) the release or deposit happened while carrying out a lawful activity; and

(b) the person complied with the general environmental duty either

by complying with the relevant code of practice (if any) or in some other way.

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