Waterways Conservation Act 1976

The provisions of this section apply to and in relation to any waters or any land to which this Act applies, save where the exercise of the powers conferred by this section would be inconsistent with the provisions of any Agreement to which the State is a party and which, or the execution of which, is or has been ratified or approved by an Act and the Governor, by Order in Council published in the Gazette, declares that any or all of the provisions of this section shall not apply according to the Order in respect of any or all of the places, premises, acts or things to which that Agreement relates.

An Order in Council made for the purposes of subsection (1) may be varied or revoked by a subsequent Order.

Provision may be made by by‑laws for —

prohibiting or regulating the keeping or use on waters to which this section applies of a vessel that is fitted with a water closet or other prescribed sanitary appliance designed to permit polluting matter to pass into the water; and

prohibiting the keeping or use on waters to which this section applies of a ferry or charter vessel that is not fitted with prescribed facilities for the storage of polluting matter; and

regulating the disposal of polluting matter from facilities mentioned in paragraph (b) and, without limiting the generality of the foregoing, prohibiting it from being disposed of otherwise than at a prescribed place in a prescribed manner.

In subsection (5) ferry or charter vessel means a vessel that —

is kept or used for the carriage of passengers, or passengers and goods, for reward or plies for hire for the carriage of passengers, or passengers and goods; and

has a carrying capacity of more than 10 passengers.

Provision may be made from time to time by by‑laws as to the precautions to be taken by any person having the custody or control of any poisonous, noxious or polluting matter for the purpose of preventing the matter from entering waters to which this section applies and the by‑laws may provide that any prescribed contravention shall be an offence to which subsection (9) applies.

Where it appears to the Minister that with a view to preventing poisonous, noxious or polluting matter from entering waters to which this section applies, it is appropriate to prohibit or restrict the carrying on in a particular place of activities which the Minister considers to be likely to result in pollution of those waters, provision may be made by by‑laws that prescribed activities shall not be carried on in that place except under licence from the Minister (which shall not be unreasonably refused) and the by‑laws may provide that any prescribed contravention shall be an offence to which subsection (9) applies.

Provision may be made from time to time by regulations for prohibiting or controlling —

the use of waters to which this section applies for industrial purposes; or

the doing or omitting of anything the doing or omission of which results or is likely to result in pollution except such as may be authorised by a licence under this Act; or

the carrying out of any works or proposed works of any kind in, on, over or under the waters or land to which this section applies, or both or any part of either or both of them, (and such regulations may provide for the carrying out or removal of such works by or on behalf of the Minister and for the recovery of costs incurred by the Minister in so doing); or

dredging, drainage, river training, reclamation, and the provision or removal of structures, including jetties, wharves and bridges, and obstructions to navigation or the flow of the waters; or

the putting into such waters of mud, earth, gravel, litter or other matter which is likely to cause obstruction or be objectionable.

A person guilty of a contravention of a regulation or a by‑law which provides that this subsection shall apply, shall be liable to a fine not exceeding $5 000, and where the offence is a continuing offence an additional fine not exceeding $100 for each day on which the offence continues after service on the offender of written notice of the offence.