Northern Territory Consolidated Acts

WATER ACT - SECT 73

(1) The Administrator may, by notice in the Gazette , declare, either generally or for an area specified in the notice, the beneficial uses, quality standards, criteria or objectives which apply to or in relation to any:

(a) waste or class of waste; or

(b) water or class of water.

(2) Subject to subsection (3), where a notice under subsection (1) is in force, every licence, permit or consent granted under this Act before or after the publication of the notice is, except to the extent that the licence, permit or consent otherwise provides, subject to the condition that nothing shall be done or suffered or permitted to be done under the licence, permit or consent which prejudices the beneficial use, quality, standard, criteria or objective specified in the notice in the area to which it applies.

(3) Where immediately before the date of a notice under subsection (1) a person was, in accordance with this or any other Act, causing, suffering or permitting:

(a) waste to come into contact with water; or

(b) water to be otherwise polluted,

in a manner that would, but for this section, be an offence for breach of a condition referred to in subsection (2) or otherwise under this Act, the person may continue to do so for:

(c) 3 months after that date;

(d) such longer period as the Controller from time to time, in writing, allows; or

(e) subject to subsection (4), until the Controller determines an application referred to in that subsection,

whichever is the longer period, but subject to any directions the Controller gives.

(4) Where within a period referred to in subsection (3)(c) or (d) a person referred to in subsection (3) makes an application under section 74 in relation to waste or pollution and the Controller refuses to grant the licence, the person may continue to do or suffer the thing the subject of the application to be done in that manner for 3 months after the Controller's refusal, but subject to any directions the Controller gives.