Acts and Regulations

2002-13 - Water Classification

Full text
Offences
18(1)Subject to section 16, where the water of a watercourse is classified as a class under this Regulation and it is meeting any applicable standard for that class of water, no person shall affect or use the water, the watercourse or any area located within the boundaries of the watershed of the watercourse, whether above, on or below the earth’s surface, or cause it to be affected or used, so as directly or indirectly to cause the water to cease to meet the standard.
18(2)Subject to section 16, where the water of a watercourse is classified as a class under this Regulation but it is not meeting any applicable standard for that class of water, no person shall affect or use the water, the watercourse or any area located within the boundaries of the watershed of the watercourse, whether above, on or below the earth’s surface, or cause it to be affected or used, so as to impede or stop, directly or indirectly, any progress that the quality of the water may have been making or might have made toward meeting any of the applicable standards for that class of water.
18(3)Subject to section 16, where the water of a watercourse is classified as a class under this Regulation but it is not meeting any applicable standard for that class of water, no person shall affect or use the water, the watercourse or any area located within the boundaries of the watershed of the watercourse, whether above, on or below the earth’s surface, or cause it to be affected or used, so as directly or indirectly to cause the water to degrade in relation to the standard.
18(4)If the water of a watercourse is classified as a class under this Regulation, no person shall carry out an activity that is prohibited in relation to that class under column 6 of Schedule A, in, on or under the water, the watercourse or any area located within the boundaries of the watershed of the watercourse, whether above, on or below the earth’s surface.
18(5)No person shall create a new mixing zone, or release a contaminant into a mixing zone, in water that is classified as a class under this Regulation, if
(a) the person, the release or the mixing zone violates or fails to conform with any prohibition that is set out in column 6 of Schedule A in relation to that class, or
(b) the mixing zone at any time does not meet the standards set out in Schedule B.