Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An application for
a disposal licence authorising the discharge or deposit of any matter shall be
made to the Minister in the prescribed manner and shall
state —
(a) the
place and time at which it is proposed to make the discharge or deposit to
which the application relates;
(b) the
nature and composition of the matter proposed to be discharged or deposited,
and the maximum temperature of it; and
(c) the
maximum quantity of the matter which it is proposed to discharge or deposit on
any one day, or the highest rate at which it is proposed to discharge or
deposit it.
(2) An application for
a licence authorising discharges or deposits at 2 or more places or times may
be treated as separate applications for licences in respect of each of those
places or times.
(3) The Minister
may —
(a)
grant a disposal licence either unconditionally or subject to conditions; or
(b)
refuse to grant a licence,
and if, within the
period of 30 days beginning with the date when an application for a
disposal licence is received, or within such longer period as the Minister may
by notice in writing to the applicant allow, the Minister has neither granted
or refused to grant a disposal licence the application shall be deemed to have
been refused.
(4) The Minister shall
determine any application for a disposal licence authorising the discharge or
deposit of any matter having regard to all the circumstances of the case and
in particular to the type of industry, the quantity, composition and
temperature of the matter to be discharged or deposited, the condition and
usage of the waters, the ability of the waters to absorb the matter without
detriment or deterioration, and the number of similar or other types of matter
already being discharged in the waters.
(5) In considering any
application, the Minister shall have regard to broad principles, and generally
shall endeavour to ensure that any matter which it is proposed to discharge
into the waters shall not contain —
(a)
sewage, unless treated to a standard approved by the Minister;
(b)
acidity or alkalinity outside the range of a pH value between pH5
and pH9;
(c)
poisons; or
(d) any
substance which is likely —
(i)
to contribute to the formation of sludge or other
deposit;
(ii)
to contribute to the formation of scum, fat, oil, grease
or floating material;
(iii)
to contribute to the formation of objectionable odours or
discoloration;
(iv)
to be injurious to marine or animal or human life; or
(v)
to deplete excessively the oxygen content of the waters.
(6) The conditions to
which a disposal licence may be made subject include reasonable
conditions —
(a) as
to places and times at which the discharge or deposit to which the licence
relates may be made;
(b) as
to the nature, composition, temperature, volume and rate of the discharge or
deposit;
(c) as
to the provision of facilities for taking samples of the matter discharged or
deposited;
(d) as
to the provision, maintenance and testing of meters for measuring the volume
and rate of the discharge or deposit, and apparatus for determining the
nature, composition and temperature of any discharge or deposit;
(e) as
to the keeping of records of the nature, composition, temperature, volume and
rate of the discharge or deposit and in particular of records of the readings
of meters and other recording apparatus provided in accordance with any other
condition relating to that licence; and
(f) as
to the making of returns and the furnishing of other information to the
Minister in relation to any discharge or deposit,
and any such condition
may be of general or limited application according to place, time, or
circumstance.
(7) Without limiting
the generality of the provisions of this section, wastes shall not be
permitted to be discharged into any waters —
(a) if
it is reasonably practicable to dispose of them satisfactorily in some other
manner;
(b)
unless every reasonable and practicable step has been taken to improve the
quality and appearance of the wastes, prior to discharge; and
(c)
unless they conform with such bacterial, physical and chemical standards as
may from time to time be laid down by the Minister.
(8) It shall not be
the responsibility of the Minister to specify the design, location, type of
construction or particular manner in which any operation causing or
threatening to cause a condition of pollution might be corrected, and any
person ordered to correct the condition of any wastes shall correct the
condition in a lawful manner.
(9) Notwithstanding
that a disposal licence may be expressed to have effect for a specified time
and that the holder of the licence has not contravened or failed to comply
with any of the conditions endorsed upon or attached to it, that licence may
be revoked by notice in writing given by the Minister to the licence holder if
in the opinion of the Minister it is necessary in the public interest in
consequence of a change of circumstance (which may include a change in the
information available as to the discharge or deposit to which the notice
relates or as to the interaction with other matter) which could not reasonably
have been foreseen at the time the licence was granted.
(10) Provision may be
made from time to time by regulations as to the issue of disposal licences,
the rights and obligations of licensees thereunder, the fees to be paid in
respect thereof, and such other matters as the Governor shall seem necessary
or advisable to give effect to this section.
(11) A regulation made
for the purposes of this section may discriminate according to different
premises, trades, industries, processes or otherwise and may provide for
differing fees and charges to be payable, or for the remission of fees or
charges that would otherwise be payable, according to prescribed factors.
[Section 47 inserted by No. 38 of 2007
s. 188.]