(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.
