Australian Capital Territory Repealed Acts

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This legislation has been repealed.

ORDINANCE 1984 - SECT 4

4. This Ordinance binds the Crown.

5. (1) In this Ordinance, unless the contrary intention appears—

“Authority” has the same meaning as in the Air Pollution Ordinance 1984 ;
“Committee” means the Water Pollution Advisory Committee established by section 9;
“faecal coliform” means a bacillus of the genus Escherichia ;
“House of Assembly” means the Australian Capital Territory House of Assembly;
“inspector” means a person appointed as an inspector under section 7;
“licence” means a licence under this Ordinance;
“member” means a member of the Committee;
“pH value” means the negative of the logarithm of the hydronium ion concentration of a solution expressed in moles per litre;
“premises” includes vacant land;
“residential premises” means premises that are used exclusively or primarly for resential purposes;
“restricted substance”, in relation to any waters, means a substance declared by the regulations to be a restricted substance in relation to those waters;
“thermal waste” means a liquid which, after being used in or in connection with a trade, industry or a commerical or domestic process, has a temperature 2 degrees Celsius or more higher or lower than the temperature, taken immediately before or immediately after the taking of the temperature of the first-mentioned liquid, of similar liquid immediately before it is used in or in connection with that trade, industry or commercial or domestic process;
“Tribunal” means the Administrative Appeals Tribunal;
“waste” means—

        (a)     material that, if introduced into waters, is capable of causing an increase in the biochemical or chemical oxygen demand of the waters;

        (b)     material that contains—

              (i)     non-filtrable residues;

              (ii)     a gas (other than oxygen) or filtrable residues;

              (iii)     a nitrogen or phosphorus compound;

              (iv)     a methylene blue active substance;

              (v)     a restricted substance;

              (vi)     faecal coliforms;

              (vii)     a pesticide or herbicide; or

              (viii)     oil, grease or floating solids;

        (c)     material tha has pH value less than 6.5 or greater than 8.5;

        (d)     animal matter of any description, including the carcass or any part or remains of an animal, offal, flesh or bones;

        (e)     plant matter of any description, including vegetable or fruit wastes, leaves, grass, trees, wood, sawdust, shavings, chips, bark or other forest products or refuse;

        (f)     inorganic matter of any description, including ashes, ballast, soil, earth, mud, stones, sand, clay residue or washings from any mineral processing or extractive operation or soil, spoil or washings from any dredging operation;

        (g)     night soil, excreta, manure, septic tank wastes or urine;

        (h)     scrap metal, glass, paper, plastics, rubbish, motor or other vehicles, industrial waste (whether liquid or solid) or any other refuse;

              (i)     oil or inflammable liquid of any description;

        (j)     chemicals or poisonous substances of any description; or

        (k)     thermal waste;

“waters” means—

        (a)     a river, stream, lake, lagoon, pond, reservoir or dam;

        (b)     artesian or underground water (other than water contained in a sewer);

        (c)     a drainage system for conveying stormwater; and

        (d)     tidal waters.

(2) For the purposes of this Ordinance, a person shall be taken to discharge waste into waters if—

        (a)     he causes or permits the waste to enter the waters;

        (b)     he causes or permits the waste to be in a position from which the waste falls, percolates or descends, or is washed, into the waters or in a position that is covered by the waters; or

        (c)     he causes or permits the waste to be in a position from which the waste is likely to fall, percolate, descend or be washed into the waters or in a place that is likely to be covered by the waters.

(3) For the purposes of this Ordinance and the regulations, the following waters are Class S waters:

        (a)     the waters backed up by the Cotter Dam together with the waters of the Cotter River upstream from that dam, being the waters within an area bounded by the wall of the dam and the contour line commencing at the north-eastern end of the wall of the dam and proceeding at a height of 500.5 metres above mean sea level, to the south-western end of that wall;

        (b)     the waters backed up by the Bendora Dam together with the waters of the Cotter River upstream from that dam, being the waters within an area bounded by the wall of the dam and the contour line commencing at the north-western end of the wall of the dam and proceeding at a height of 778.4 metres above mean sea level, to the south-eastern end of that wall; and

        (c)     the waters of Lake Windermere, so far as they cover ground not more than 24.1 metres above mean sea level.



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