South Australian Consolidated Acts

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PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 21

21—Pollution of water

        (1)         A person who pollutes a water supply is guilty of an offence.

Penalty: Division 1 fine.

        (2)         If the authority is of the opinion that a water supply may become polluted in consequence of a particular activity, the authority may, by notice in writing addressed to the person responsible for the activity, require the person—

            (a)         to take specified action to prevent pollution of the water supply within such time as the authority specifies in the notice; or

            (b)         to desist from the activity.

        (3)         A person to whom a notice under subsection (2) is addressed shall not, without reasonable excuse, fail to comply with the notice.

Penalty: Division 1 fine.

        (4)         The authority may, by further notice in writing, vary or revoke a notice given under this section.

        (5)         This section does not apply to, or in relation to—

            (a)         the pollution of water supply that is authorised by or under the Water Resources Act 1990 ;

            (b)         a person in relation to the pollution of a water supply if that person is exempted by or under the Water Resources Act 1990 from the operation of Division 2 of Part 5 of that Act in relation to the pollution of that water supply;

            (c)         the pollution of a water supply if the pollution does not constitute an offence under the Water Resources Act 1990 because of a regulation under that Act declaring that the Act, or a particular provision of the Act, does not apply to, or in relation to, the water supply.



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