Discharge of unauthorised material into sewerage infrastructure
56 Discharge of unauthorised material into sewerage infrastructure
A person must not, without proper authority, discharge into any sewerage infrastructure any solid, liquid or gaseous material, or any other item or thing that is likely to damage the infrastructure. Maximum penalty: Maximum penalty: $25 000.
Subsection (1) does not apply in any circumstances excluded from the operation of that subsection by the regulations.
Furthermore, a water industry entity may, in relation to any sewerage infrastructure operated by the entity—
on application by any person, authorise the person to discharge waste material referred to in the authorisation into the infrastructure; or
as part of a contract in relation to the provision of a sewerage service, authorise a person to discharge waste material referred to in the contract into the infrastructure.
A person must not—
discharge any solid, liquid or gaseous material, or any other item or thing, prescribed by the regulations without an authorisation under this section; or
discharge any solid, liquid or gaseous material, or any other item or thing, contrary to a contract in relation to the provision of a sewerage service; or
act in a manner contrary to an authorisation under this section. Maximum penalty: Maximum penalty: $25 000.
A person must not, without the authorisation of the relevant water industry entity, cause, permit or allow any rainwater, stormwater or surface water to flow into, or to otherwise enter, any sewerage infrastructure. Maximum penalty: Maximum penalty: $2 500.
Subsection (5) does not apply in any circumstances excluded from the operation of that subsection by the regulations.
A water industry entity may attach such conditions to an authorisation under this section as the entity thinks fit and may vary or revoke the authorisation at any time.
It will be a defence to a prosecution for an offence against subsection (1), (4) or (5) for the defendant to prove that the person who discharged the material concerned did so in accordance with an authorisation under this section and that the authorisation was in force and applied for the defendant's benefit at that time.
The reasonable costs and expenses incurred by a water industry entity in addressing any damage or loss caused as a result of, or in remedying circumstances caused by, a contravention of this section may be recovered by the water industry entity as a debt from the person in contravention of this section.
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