1972
1972
2006-09-01
Protection of the Environment Operations
Act 1997
act-1997-156
reg
none
reprint
act-2003-038
allinforce
website
Gazette No 117 of 3 November 1972, page
952
1
2004-09-01
2006-09-01
2006-09-01
stagerepeal
act-1989-146
sl-1972-0010
4a2e4154-6c8c-45de-9627-2bc16b506ee3
58ced322-6086-46e8-a2d6-e96f491a1573
Note—
The Regulations were repealed by sec 10 (2) of
the Subordinate Legislation Act 1989 No 146
with effect from 1.9.2006.
Note—
The Clean Waters
Regulations 1972 made under the Clean Waters Act
1970 are on and from 1.7.1999 taken to be regulations made
under the Protection of the Environment
Operations Act 1997 No 156. See clause 11 of Schedule 5 to
the Protection of the Environment Operations Act
1997.
Part 1Preliminary
1Name of
Regulations
(1)
These Regulations may be cited as the Clean Waters Regulations
1972.
(2)
2Definitions
(1)
In these Regulations, except in so far as the
context or subject-matter otherwise indicates or requires:
biochemical oxygen demand means the
quantity of oxygen utilised in the biochemical oxidation of organic matter in
a sample of waters or of wastes, determined in accordance with the method
specified in the Approved Methods Publication.
chemical
oxygen demand means the quantity of oxygen utilised to
oxidise matter determined in accordance with the method specified in the
Approved Methods Publication.
common
drain means any drain, other than a sewer, which is vested
in, or is in the care, control or management of, or is on land occupied by, a
person and which is or is likely to be used for the conveyance of any
pollutant into waters from any other drain which is vested in, or is in the
care, control or management of, or is on land occupied by, some other
person.
dangerous
goods has the same meaning as in the Road
and Rail Transport (Dangerous Goods) Act
1997.
overflow
drain means any drain which is used or is likely to be used
to divert any pollutant into any waters from another drain when that other
drain is surcharged as a result of damage, excessive rainfall or any
emergency.
restricted substance means any
substance specified in column 1 of Schedule 2.
the
Act means the Clean Waters Act
1970.
the
Approved Methods Publication means the document entitled
“Approved Methods for the Sampling and Analysis of Water Pollutants in
New South Wales” prepared by the EPA and published in the Gazette, as in
force from time to time.
thermal
wastes means any liquid which, after being used in or in
connection with any manufacturing, trade or domestic process, is discharged
into waters and which, immediately before it is so discharged, has a
temperature of 2 degrees Celsius or more greater than the temperature, taken
immediately before or immediately after the temperature of the liquid being
discharged is taken, of any similar liquid immediately before it is used in or
in connection with that manufacturing, trade or domestic
process.
(2)
(3)
Where in these Regulations a reference is made to
any act, matter or thing as being an “approved” act, matter or
thing, that reference is to any such act, matter or thing, as the case may be,
as the Commission may from time to time approve.
3Testing of water and
wastes
(1)
Where for the purposes of these Regulations any
test for determining the nature or concentration in waters or in wastes of any
matter is carried out, that test shall be carried out in accordance with the
appropriate method specified in the Approved Methods
Publication.
(2)
Notwithstanding clause (1), the person carrying
out any test pursuant to that clause, may, where the result of the test would
not be affected, vary the procedural details specified in the method
utilised.
(3)
For the purposes of Regulation 8, the nature or
concentration in waters or wastes of any matter is to be determined in
accordance with any applicable condition of a licence that specifies the
procedures or methods to be used by the licence holder concerned, or if there
is no applicable condition, in accordance with any procedures or methods
determined in writing for that purpose by the Authority.
(4)
Without limiting clause (3), the procedures or
methods that may be specified include the use of sampling procedures or
methods of statistical analysis.
(5)
In the event of any inconsistency between the
requirements of clauses (1) and (3), the requirements of clause (3) prevail to
the extent of that inconsistency.
(6)
The Authority is to make available to any person
on request a copy of any determination made under clause
(3).
4
Part 2
5–7
Part 3Classification of
waters
8Prescribed classes of
waters
For the purposes of section 11 (1) of the Act,
waters shall be classified as follows:
Class S: Specially Protected
Waters—waters into which:
(a)
no wastes are to be discharged,
and
(b)
only Class P waters
flow.
Class P: Protected Waters—waters
into which:
(a)
wastes are not to be discharged except as
provided in respect of this classification,
(b)
where sewerage is available, wastes which are of
a type acceptable to the sewerage authority are not to be discharged otherwise
than by way of a sewer,
(c)
overflows from sewers, wastes pumping stations,
treatment works or other parts of a sewerage system are not to be
discharged,
(d)
organic wastes are not to be discharged unless
they are so treated that the resulting effluent has:
(i)
where the relative proportion of water to the
wastes is 19:1 or more—a biochemical oxygen demand of not more than
twenty milligrams per litre and a non-filtrable residue of not more than
thirty milligrams per litre, or
(ii)
where the relative proportion of water to the
wastes is less than 19:1 and the oxygen content of the waters is, or is likely
to be, reduced as a result of the discharge—such a lower biochemical
oxygen demand and non-filtrable residue as may be
approved,
(e)
wastes are not to be discharged unless the
concentration of plant nutrients in the wastes is controlled so as to prevent
excessive plant growth in, abnormal variation in dissolved oxygen or pH levels
in, or degradation of the appearance of, the waters,
(f)
infectious wastes or wastes in which faecal
coliforms are likely to be present are not to be discharged unless:
(i)
the wastes are treated in an approved manner,
and
(ii)
in the case of waters likely to be used for
bathing—the faecal coliform density as determined in an approved manner
after sampling at an approved location does not exceed 200 per 100
millilitres,
(g)
wastes are not to be discharged unless they are
visually free of grease, oil, solids and unnatural discolouration and free of
settleable matter,
(h)
wastes are not to be discharged if the resulting
concentration of the wastes in the waters:
(i)
is or is likely to be harmful, whether directly
or indirectly, to aquatic life or water-associated
wildlife,
(ii)
gives rise to or is likely to give rise to
abnormal concentrations of the wastes in plants or animals,
or
(iii)
in the case of fresh water, is likely to affect
the use of the waters for human consumption, domestic or industrial purposes,
watering of stock or the irrigation of land,
(i)
wastes are not to be discharged if the
concentration of any restricted substance (other than Nitrogen (ammonia)) in
the wastes exceeds the concentration specified opposite that substance in
Schedule 2 or, in the case of Nitrogen (ammonia), the concentration exceeds 2
milligrammes per litre,
(j)
wastes are not to be discharged into the waters
if the pH value of the wastes is less than 6.5 or more than 8.5 or if the
discharge induces a variation in the pH value of the waters of more than
0.2,
(k)
wastes are not to be discharged if the
radioactivity level of the wastes exceeds the levels specified in Schedule
3,
(l)
thermal wastes are not to be discharged into the
waters.
Class C: Controlled Waters—waters
into which:
(a)
wastes are not to be discharged except as
provided in respect of this classification,
(b)
where sewerage is available, wastes which are of
a type acceptable to the sewerage authority are not to be discharged otherwise
than by way of a sewer,
(c)
overflows from sewers, wastes pumping stations,
treatment works or other parts of a sewerage system are not to be discharged
into the waters except in accordance with approved
conditions,
(d)
organic wastes are not to be discharged unless
they are so treated that the resulting effluent has:
(i)
where the relative proportion of water to the
wastes is 19:1 or more—a biochemical oxygen demand of not more than
twenty milligrams per litre and a non-filtrable residue of not more than
thirty milligrams per litre, or
(ii)
where the relative proportion of water to the
wastes is less than 19:1 and the oxygen content of any portion of the waters
is, or is likely to be reduced as a result of the discharge to, less than 70
per cent of saturation during average dry weather conditions for the area in
which the waters are located—such a lower biochemical oxygen demand and
non-filtrable residue as may be approved,
(e)
wastes are not to be discharged unless the
concentration of plant nutrients in the wastes is controlled so as to prevent
excessive plant growth in, abnormal variation in dissolved oxygen or pH levels
in, or degradation of the appearance of, the waters,
(f)
infectious wastes or wastes in which faecal
coliforms are likely to be present, are not to be discharged unless:
(i)
the wastes are treated in an approved manner,
and
(ii)
in the case of waters likely to be used for
bathing or recreational purposes—the faecal coliform density as
determined in an approved manner after sampling at an approved location does
not exceed 200 per 100 millilitres,
(g)
wastes are not to be discharged unless they are
visually free of grease, oil, solids and unnatural discolouration and free of
settleable matter,
(h)
wastes are not to be discharged into the waters
if the resulting concentration of the wastes in the waters:
(i)
is or is likely to be harmful, whether directly
or indirectly, to aquatic life or water-associated
wildlife,
(ii)
gives rise to or is likely to give rise to
abnormal concentrations of the wastes in plants or animals,
or
(iii)
in the case of fresh waters, is likely to affect
the use of the waters for human consumption, domestic or industrial purposes,
watering of stock or the irrigation of land,
(i)
wastes containing a restricted substance are not
to be discharged into the waters if the discharge would result in the
concentration of that restricted substance in any part of the waters exceeding
the concentration specified opposite that substance in Schedule
2,
(j)
wastes are not to be discharged into the waters
if the pH value of the wastes is less than 6.5 or more than 8.5 or if the
discharge induces a variation in the pH value of the waters of more than
0.5,
(k)
thermal wastes are not to be discharged into the
waters except in approved cases and subject to approved
conditions,
(l)
wastes are not to be discharged if the
radioactivity level of the wastes exceeds by more than ten times the levels
specified in Schedule 3 and the radioactivity level of the receiving waters
beyond the approved zone is caused by that discharge to exceed the levels
specified in that Schedule.
Class R: Restricted Waters—waters
into which:
(a)
wastes are not to be discharged except as
provided in respect of this classification,
(b)
where sewerage is available, wastes which are of
a type acceptable to the sewerage authority are not to be discharged otherwise
than by way of a sewer,
(c)
overflows from sewers, wastes pumping stations,
treatment works or other parts of a sewerage system are not to be discharged
except in accordance with approved conditions,
(d)
organic wastes are not to be discharged unless
they are so treated that the resulting effluent has:
(i)
where the relative proportion of the water to the
wastes is 9:1 or more but not more than 19:1—a biochemical oxygen demand
of not more than twenty milligrams per litre and a non-filtrable residue of
not more than thirty milligrams per litre of such other biochemical oxygen
demand or non-filtrable residue as may be approved,
(ii)
where the relative proportion of water to the
wastes is less than 9:1 and the oxygen content of any portion of the waters
is, or is likely to be reduced as a result of the discharge to, less than 60
per cent of saturation during average dry weather conditions for the area in
which the waters are located—such a lower biochemical oxygen demand and
non-filtrable residue as may be approved, or
(iii)
where the relative proportion of water to the
wastes is more than 19:1 and the oxygen content of the waters is, or is likely
to be maintained after the discharge at, more than 75 per cent of saturation
during average dry weather conditions for the area in which the waters are
located—such a higher biochemical oxygen demand and non-filtrable
residue as may be approved,
(e)
infectious wastes or wastes in which faecal
coliforms are likely to be present are not to be discharged unless:
(i)
the wastes are treated in an approved manner,
and
(ii)
in the case of waters likely to be used for
recreational purposes—the faecal coliform density as determined in an
approved manner after sampling at an approved location does not exceed 1,000
per 100 millilitres as determined otherwise than during a period of rainfall
run-off and within an approved period thereafter,
(f)
wastes are not to be discharged unless they are
visually free of grease, oil, solids and unnatural discolouration and free of
settleable matter,
(g)
wastes are not to be discharged if the resulting
concentration of the wastes in the waters:
(i)
is or is likely to be harmful, whether directly
or indirectly, to aquatic life or water-associated
wildlife,
(ii)
gives rise to or is likely to give rise to
abnormal concentrations of the wastes in plants or
animals,
(iii)
is likely to affect the subsequent use of those
waters for watering stock or the irrigation of land, or
(iv)
gives rise to or is likely to give rise to
abnormal plant or animal growth,
(h)
wastes containing a restricted substance are not
to be discharged into the waters if the discharge would result in the
concentration of that restricted substance in any part of the waters exceeding
the concentration specified opposite that substance in Schedule
2,
(i)
wastes are not to be discharged if the pH value
of the wastes is less than 6.5 or more than 8.5 or if the discharge induces a
variation in the pH value of the waters of more than 0.5,
(j)
thermal wastes are not to be discharged except in
approved cases and subject to approved conditions,
(k)
wastes are not to be discharged if the
radioactivity level of the wastes exceeds by more than ten times the levels
specified in Schedule 3 and the radioactivity level of the receiving waters
beyond the approved zone is caused by that discharge to exceed the levels
specified in that Schedule.
Class O: Ocean Outfall Waters—waters
into which:
(a)
wastes are not to be discharged except as
provided in respect of this classification,
(b)
wastes are so discharged that the rate and volume
or the nature and concentration thereof will not adversely affect
beaches,
(c)
wastes are to be so discharged that the maximum
effect of the wastes on the waters shall be confined to an approved zone (in
this classification referred to as the mixing
zone),
(d)
wastes are not to be discharged:
(i)
unless the wastes are visually free from grease,
oil and solids and free from settleable matter, and
(ii)
where the pH value of the wastes is more than 8.5
or where the discharge induces a variation of more than 0.1 in the pH value of
any waters outside the mixing zone,
(e)
wastes are not to be discharged if the resulting
concentration of the wastes in the waters:
(i)
is or is likely to be harmful, whether directly
or indirectly, to aquatic life or water-associated
wildlife,
(ii)
gives rise to or is likely to give rise to
abnormal concentrations of the wastes in plants or animals,
or
(iii)
gives rise to or is likely to give rise to
abnormal plant or animal growth.
Class U: Underground Protected
Waters—waters into which:
wastes shall not be discharged unless the
discharge is an approved discharge by reason of its not being likely to reduce
the quality of the waters below an approved level.
9Objections to classification
of waters
For the purposes of section 13 (1) of the
Act:
(a)
the prescribed manner is by making an objection
in writing in or to the effect of Form 1 and lodging it with the
Commission,
(b)
the prescribed time is within thirty days after
the date on which the notice or the later of the notices referred to in
section 12 is published as therein provided, and
(c)
the prescribed fee is
$50.
10Exemption for certain
protected waters
(1)
Section 11 (3) of the Act in its application to
the standard relating to protected waters made under that subsection and set
out in paragraph (c) of the matter relating to Class P waters in Regulation 8,
and that standard, do not apply to the discharge of overflows from outlets in
sewers, wastes pumping stations, treatment works or other parts of a sewerage
system servicing the urban areas set out in the Schedule to this clause, but
only if:
(a)
the discharges are approved by the Authority,
and
(b)
the discharges are in accordance with approved
conditions.
Schedule
(a)
Clarence Town,
(b)
Dungog,
(c)
Picton,
(d)
Tahmoor,
(e)
Thirlmere,
(f)
Moss Vale,
(g)
Mittagong,
(h)
Bulahdelah,
(i)
Karuah,
(j)
Tanilba Bay,
(k)
Mallabula,
(l)
Lemon Tree Passage,
(m)
Silverdale,
(n)
Wallacia,
(o)
the Oaks,
(p)
Oakdale,
(q)
Belimbla Park,
(r)
Menangle,
(s)
Menangle Park,
(t)
Otford,
(u)
Medlow Bath,
(v)
those parts of Mount Victoria and Blackheath that
became sewered after 7 July 2000.
(2)
In determining whether to approve a discharge and
the conditions to be approved, the Authority must consider the following
matters:
(a)
the amount and frequency of the discharge
concerned,
(b)
the practical measures that may be taken to
prevent or reduce the discharge,
(c)
the likely impact of the discharge on the
protected waters,
(d)
the impact on the environment of the approval or
of not approving the discharge or conditions.
Parts 4, 5
11–22
Schedule 1
Schedule 2Restricted
substances
Column
1
Column 2
Substance
Concentrations for purposes of Regulation
8
Arsenic
0.05
milligrammes per litre
Barium
1.0
milligrammes per litre
Boron*
1.0
milligrammes per litre
Cadmium
0.01
milligrammes per litre
Chloride*
250
milligrammes per litre
Chromium
(hexavalent)
0.05
milligrammes per litre
Copper
1.0
milligrammes per litre
Cyanide
0.05
milligrammes per litre
Fluoride*
1.5
milligrammes per litre
Iron
(filtrable)
0.3
milligrammes per litre
Lead
0.05
milligrammes per litre
Manganese
(filtrable)
0.05
milligrammes per litre
Mercury
0.001
milligrammes per litre
Methylene
blue active substances
0.5
milligrammes per litre
Nitrogen
(ammonia)
0.5
milligrammes per litre
Nitrogen
(nitrate plus nitrite)
10.0
milligrammes per litre
Pesticides
(individual or total in group)
Endrin, chlordane, toxaphene
0.001
milligrammes per litre
Other organochlorides
0.01
milligrammes per litre
Organophosphates
0.05
milligrammes per litre
Carbamates
0.1
milligrammes per litre
Fluorinated hydrocarbons
0.001
milligrammes per litre
Substituted phenols and cresols
0.001
milligrammes per litre
Weedicides including 2,4-D (including salts and
esters), 2,4,5-T (including salts and esters), Phenyl ureas, Triazines,
Amides, Quaternary salts, Dipyridyls, Acrolein
0.1
milligrammes per litre
Phenolic
compounds
0.001
milligrammes per litre
Selenium
0.01
milligrammes per litre
Silver
0.05
milligrammes per litre
Sulphate*
250
milligrammes per litre
Uranyl
ion
5.0
milligrammes per litre
Zinc
5.0
milligrammes per litre
Note—
* Limits indicated do not apply to these
substances in regard to tidal waters.
Schedule 3Radioactive
substances
Gross alpha activity: Not to exceed 3 picocuries
per litre.
Gross beta activity: Not to exceed 30 picocuries
per litre.
Form 1
STATE POLLUTION CONTROL
COMMISSION
CLEAN WATERS ACT
1970
Objection to proposed
Classification of Waters
Name of Objector and address for
correspondence:
If payment has been made by cheque, this receipt
is issued subject only to the cheque on account of which it is given being
duly cleared.
DO NOT DETACH
STATE POLLUTION CONTROL
COMMISSION
CLEAN WATERS ACT
1970
Objection to proposed
Classification of Waters
I, pursuant to the provisions of subsection (1)
of section 13 of the Clean Waters Act, object to the proposed classification
of waters referred to above.
I enclose the prescribed fee of $
The grounds for my objection to the proposed
classification are as follows:
Signature Official Position (if applicable)
Authorised on behalf of (if applicable)
Date
To: The Secretary,
State Pollution Control
Commission.
Forms 2–8
Historical
notes
Table of amending
instruments
Clean Waters
Regulations 1972 published in Gazette of 3.11.1972 and
amended in Gazettes of 8.12.1972, 15.6.1973, 27.6.1975, 21.7.1978, 24.11.1978,
6.7.1979, 27.6.1980, 21.11.1980, 1.5.1981, 3.7.1981, 25.6.1982, 30.9.1983,
12.4.1985, 26.7.1985, 21.12.1990, 28.1.1994, 31.3.1994, No 38 of 27.2.1998, p
968 and No 178 of 24.12.1998, p 9984 and as follows:
Clean Waters Amendment Regulation
2000 (GG No 71 of 16.6.2000, p 4974)
2003
No
38
Occupational
Health and Safety Amendment (Dangerous Goods) Act 2003.
Assented to 22.7.2003.
Date of commencement of Sch 2.1, 1.9.2005, sec 2 and GG
No 110 of 1.9.2005, p 6395.