Policy and Explanatory Report 2003 Environment Protection (Water

Policy and Explanatory Report 2003Environment Protection (Water Quality)

E N V I R O N M E N T P R O T E C T I O N A U T H O R I T Y

Environment Protection (Water Quality) Policy 2003and Explanatory Report

Environment Protection AuthorityGPO Box 2607, Adelaide 5001Telephone: (08) 8204 004Freecall: 1800 623 445 (country)e-mail: [email protected] site: www.epa.sa.gov.au

Editing: John Bridgland

ISBN 1 876562 39 0

MAY 2003

© 2003 Environment Protection Authority

This document may be reproduced in whole or part forthe purposes of study or training subject to theinclusion of an acknowledgement of the source and toits not being used for commercial purposes or sale.Reproduction for purposes other than those given aboverequires the prior written permission of the EnvironmentProtection Authority.

Printed on recycled paper

http://www.epa.sa.gov.au/

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ...............................................................................................V

Part 1

1 INTRODUCTION..................................................................................................11.1 General ....................................................................................................... 1

1.2 What is an Environment Protection Policy?....................................................... 1

1.3 Why do we need a Water Quality Protection Policy? ........................................... 1

1.4 Benefits of a Water Quality Policy ................................................................... 2

1.5 Water quality policy development in other states .............................................. 2

1.6 Process for making an Environment Protection Policy......................................... 3

1.7 Inter-relationship between the policy and the Development Act 1993 ................... 3

2 OVERVIEW OF THE POLICY ..................................................................................42.1 Part 1: Preliminary........................................................................................ 4

2.2 Part 2: Policy objectives ................................................................................ 4

2.3 Waters covered by the policy .......................................................................... 5

2.4 Part 3: Setting water quality objectives ........................................................... 6

2.5 Specific requirements and offences ............................................................... 11

2.6 Codes of Practice and Guidelines................................................................... 11

2.7 Point source pollution management and control.............................................. 14

2.8 Setting discharge limits............................................................................... 14

2.9 Listed pollutants ........................................................................................ 14

2.10Surface water mixing zones ......................................................................... 15

2.11Groundwater attenuation zones .................................................................... 15

2.12Construction of new wastewater storage lagoons ............................................ 15

2.13Discharge of waste into bores, mineshafts, etc. .............................................. 16

2.14Additional obligations relating to particular activities ..................................... 16

2.15Diffuse source pollution management............................................................ 17

2.16Exemption conditions requiring monitoring and reporting................................ 17

Part 2

ENVIRONMENT PROTECTION (WATER QUALITY) POLICY 2003

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List of FiguresFigure 1 Supporting framework for the objectives of the policy.................................................. 6

Figure 2 Relationship between the Environment Protection Act, environment protection policies and codes of practice or guidelines.............................................12

List of TablesTable 1 Protected environmental values ................................................................................ 8

Table 2 Codes and guidelines linked to the Water Quality Policy, published bythe Environment Protection Authority and other bodies.............................................13

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EXECUTIVE SUMMARY

Prior to the authorisation of the Environment Protection (Water Quality) Policy 2003 on 10 April2003, there was no consistent State-wide approach to the protection of water quality acrossall South Australian water bodies, in particular for inland waters. This posed the risk thatover time the quality of South Australian waters would be degraded further, with resultingeconomic, social (including public health) and environmental impacts.

To address this risk, the Environment Protection Authority (EPA) developed an EnvironmentProtection (Water Quality) Policy (Water Quality Policy or Water Quality EPP) to managewater quality in the State. When the authorised policy comes into operation on 1 October2003, it will apply to all inland surface, ground waters and marine waters and cover a rangeof issues including:

• water quality objectives

• management and control of point and diffuse sources of pollution

• obligations relating to particular activities

• water quality criteria, discharge limits and listed pollutants.

Part 1 of this report explains the policy on a clause-by-clause basis and a copy of the policycan be found in Part 2.

Part 1

Explanatory Information

Environment Protection (Water Quality) Policy 2003 and Explanatory Report

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1 INTRODUCTION

1.1 GeneralThe Environment Protection Authority (EPA) has developed an Environment Protection(Water Quality) Policy (Water Quality Policy or Water Quality EPP) for South Australia�sinland (surface and underground), estuarine and marine waters.

Part 1 of this report provides background information describing why the Water QualityPolicy is needed and explains the policy on a clause-by-clause basis. Part 2 is a copy of thepolicy.

1.2 What is an Environment Protection Policy?An Environment Protection Policy (EPP) is one of a number of legislative tools provided forby the Environment Protection Act 1993 (the Act) to address environment protection matters.An EPP can be made for any purpose directed towards securing the objects of the Act. Thismay include setting out requirements or mandatory provisions that will be enforceableunder the Act.

1.3 Why do we need a Water Quality Protection Policy?Before the Water Quality Policy there was no consistent State-wide approach to theprotection of water quality from point and diffuse pollution sources across all SouthAustralian water bodies, in particular for inland waters. Prior to the proclamation of the Actin May 1995, the quality of the State�s waters was regulated through the Marine EnvironmentProtection Act 1990 and the Water Resources Act 1990.

Operational sections of the Marine Environment Protection Act were included in theEnvironment Protection (Marine) Policy 1994 under transitional arrangements. The WaterResources Act 1997, which replaced the Water Resources Act 1990, focuses more on watermanagement and water quantity issues than on environmental protection. Since theEnvironment Protection Act came into operation, Environment Protection Policies have beenmade to control effluent from milking sheds and waste from vessels on inland waters. Thesepolicies will be repealed when the Water Quality Policy comes into operation. The majorcomponents of those EPPs have been translated into codes of practice under the WaterQuality Policy.

Prior to authorisation of the policy, there was no State legislation that enabled water bodiesto be protected on the basis of their environmental value. The notion of environmentalvalues is the cornerstone of the National Water Quality Management Strategy (NWQMS)(Policy and Principles: A Reference Document, 1994, ANZECC/ARMCANZ), which forms thebasis for water quality policy development both in South Australia and in other jurisdictions.Importantly, the NWQMS provides the basis for a water quality policy framework groundedin the principles of ecologically sustainable development. It provides tables of values, orguidelines, against which a particular water body can be assessed.

Because of the nature of licensing under the Environment Protection Act, point sourcepollution from industry is not controlled using uniform environmental requirements.Whereas larger industries are licensed under the Act and are required to comply with licenceconditions, many smaller industries conducting the same types of activities are not licensed.These unlicensed industries are obliged to meet their general environmental duty of careunder the Act, but they do not necessarily operate under the same constraints as licensedindustries. The Water Quality Policy goes beyond the general environmental duty by setting


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down specified obligations for listed industries. The policy also imposes obligations on thecommunity and seeks to manage and control diffuse sources of pollution (Part 5 of thepolicy).

The lack of a consistent State-wide approach to the management of water quality poses therisk that, over time, the quality of South Australian waters would be degraded. This wouldhave had economic, social (including public health) and environmental impacts.

An EPP is the most appropriate mechanism to provide a consistent State-wide approach tothe protection of water quality for all water bodies and to ensure that all industries,regardless of their scale of activity, operate under uniform conditions regarding waterquality. The Water Quality Policy seeks not only to protect and improve the quality of theState�s water bodies, but also to encourage better use of wastewater by waste avoidance orelimination, minimisation, recycling and reuse; waste treatment to reduce potentialdegrading impacts; and, finally, environmentally sound disposal.

1.4 Benefits of a Water Quality PolicyThe Water Quality Policy is expected to have three main outcomes:

• improvements in the environmental quality of aquatic ecosystems resulting from thecontrol and management of point and diffuse source discharges

• positive changes in the way the community and resource managers view the humanusage of the aquatic environment

• benefits to the community and industry resulting from improved recreational, tourism,aquacultural, agricultural and industrial opportunities.

Government, business, the community and the environment are all likely to benefit from theWater Quality Policy. The main benefits are likely to include:

• a reduction in remediation costs associated with aquatic environments

• clarification of the legislation as it applies specifically to the aquatic environment, makingfor better understanding, greater certainty and time savings in enforcement

• environmental standards that are consistent across the State�s aquatic environments andclosely linked to national strategies

• promotion of cleaner methods of production by encouraging wastewater avoidance,recycling or reclamation, reuse, treatment to reduce potentially degrading impacts, andenvironmentally sound disposal

• better community health

• an improvement in the aesthetic quality of the State�s waters

• maintenance of aquatic biodiversity

• protection of aquatic environments.

1.5 Water quality policy development in other statesWater quality policies incorporating the notion of �environmental value� or beneficial usehave been developed in most States including Queensland, Victoria, the Australian CapitalTerritory, Western Australia and Tasmania.

A review and assessment of the interstate policies was part of the process used in developingthe South Australian policy.


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1.6 Process for making an Environment Protection PolicyThe development of the Water Quality Policy followed the legislative requirements asprescribed in section 28 of the Act. The steps included:

• advertising the intent to prepare a draft policy

• preparing a draft policy and explanatory report

• referring the draft to �prescribed bodies�

• publicly exhibiting the draft policy for a minimum period of two months

• conducting a public hearing on the draft policy and submissions

• second round consultation with prescribed bodies, statutory authorities, governmentagencies and local government on an amended draft policy

• referring the draft policy to the Minister to whom the Act is committed for approval

• referring the policy to the Governor for authorisation and placing the notice in theGovernment Gazette

• referring the policy to the Environment, Resources and Development Committee

• laying the policy before both Houses of Parliament.

1.7 Inter-relationship between the policy and the Development Act1993

Although the policy will apply in its own right, and has mandatory provisions that may beenforced, the effective implementation of the Water Quality Policy will be enhanced throughthe inclusion of the main features of the policy in the development plans of local councils.This inclusion requires the amendment of the development plans of each council.

Development plan amendments will comprise a series of objectives and principles ofdevelopment control placed within the council-wide parts of individual development plans.It is not proposed to make any changes to the complying, non-complying or publicnotification categories of any development plan.


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2 OVERVIEW OF THE POLICY

This section of the report provides an explanation of the main features of the policy. Theexplanation follows the major parts of the Water Quality Policy.

The Water Quality Policy clarifies the obligation imposed by section 25 of the Act (GeneralEnvironmental Duty) on any person in South Australia undertaking an activity that pollutesor might pollute in relation to impacts upon water quality. The policy establishes frameworkwater quality objectives and sets down general obligations, such as the obligation to avoiddischarges to water, to not contravene the water quality criteria set down in the policy, andto not cause certain environmental harm. The Water Quality Policy also providesmechanisms for exemptions to be obtained from parts of the policy.

2.1 Part 1: PreliminaryPart 1 of the policy defines the scope and application of the policy, provides an interpretationof the terms used in the policy and establishes a mechanism (clause 6) to amend prescribedparts of the policy pursuant to section 32(1)(c) of the Act. Clause 5 of Part 1 also lists thecurrent EPPs that have been revoked with the authorisation of the Water Quality Policy.

2.2 Part 2: Policy objectivesThe purpose of the Water Quality Policy is to achieve the sustainable management of thewaters of the State by protecting and enhancing water quality while allowing economic andsocial development.

The objects (clause 7) of the policy are to:

• focus water quality management on achieving water quality objectives that will protector enhance the water quality values assigned by this policy to the various areas of water

• ensure that pollution from both diffuse and point sources does not prejudice theachievement of those water quality objectives

• ensure that waste management will be based on doing the following, in the followingorder of priority (the waste management hierarchy). The hierarchy has been amended toreflect the most recent usage:

(i) avoiding the production of waste(ii) minimising, as far as reasonably practicable, the production of waste(iii) reusing waste(iv) recycling waste(v) recovering part of waste for re-use(vi) treating waste to reduce potentially degrading impacts(vii) disposing of waste in an environmentally sound manner

to the effect that, first, the production of waste should be avoided and, second, to theextent that avoidance is not reasonably achievable, the production of waste should, asfar as reasonably practicable, be minimised, and so on.

• promote best practice environmental management

• promote within the community environmental responsibility and involvement inenvironmental issues.


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The Water Quality Policy seeks to meet these objectives by a number of means. Theseinclude:

• setting ambient water quality objectives for all water bodies in South Australia

• using codes of practice that describe best practice environmental management forparticular activities and which can be enforced using Environment Protection Orders

• specifying requirements, with offences as appropriate, to ensure that essential practicesare met

• providing the ability to set discharge limits for particular activities

• establishing an obligation not to discharge listed pollutants into waters

• restricting the discharge of listed pollutants onto land where they are liable to enter intowaters

• monitoring water quality.

Each of these will be explained in more detail in the following sections of this document.

The objectives adopted by the policy are shown diagrammatically in Figure 1. Theseobjectives are like building blocks in a pyramid, where success in reaching the goals at thetop is dependent on successfully achieving those lower in the pyramid. By reducingpollutant loads to water bodies, the overall quality, or ambient condition, of the waterecosystem is improved and the waters can support the designated environmental uses.Ultimately, the health of both the general public and aquatic ecosystem is protected andenhanced.

2.3 Waters covered by the policyThe policy covers all waters in the State including marine, estuarine and inland (surface andunderground) waters but excludes (clause 4(1)):

a) water within the pipes and closed tanks of a water reticulation system; and

b) water within a sewage disposal system or wastewater management system; and

c) water within a closed tank constructed of or lined with material impervious to water; and

d) water within a private or public swimming pool.

These waters were excluded because they are essentially isolated from the environment andcan involve some form of water treatment. However, once the water leaves these facilities itis covered by the policy.

Clause 4(2) excludes the discharge of clean stormwater into any waters from the applicationof the policy.


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Figure 1 Supporting framework for the objectives of the policy

2.4 Part 3: Setting water quality objectivesWater quality objectives for water bodies are an important aspect of the Water QualityPolicy. Setting these objectives involves a number of steps, the end result being a set of waterquality values, or criteria, that must not be exceeded. It is an offence under the policy if thereceiving water quality objectives are exceeded as a result of a discharge or, if the receivingwater quality is already in excess of the objectives, for it to be further exceeded (clause 13).For some substances, such as dissolved oxygen, a minimum level must be maintained; forothers, such as pH, the discharge must be within a specified range.

The steps involved in setting the water quality objectives entail:

• setting the environmental values that are required to be protected

• determining water quality characteristics that are important for these values

• setting criteria for each characteristic that adequately protect each environmental value

• choosing the most stringent set of criteria for the environmental values applicable to eachwater body.

This process is a key component of the National Water Quality Management Strategy (Policyand Principles: A Reference Document, 1994, ANZECC/ ARMCANZ).

The following subsections describe each of these steps.

2.4.1 Environmental valuesEnvironmental values are particular values or uses of water that are conducive to a healthyecosystem and also contribute to public benefit, welfare, safety and health. Theseenvironmental values require protection from the effects (both real and potential) ofpollution, waste discharges and waste deposits if they are to be maintained.

In line with the National Water Quality Management Strategy, the policy recognises that theprotected environmental values or uses are:


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• Aquatic ecosystem (fresh waters and marine waters)

The environmental value of aquatic ecosystems includes their ecological integrity and theassociated native flora and fauna. Preserving these features involves protecting theability of the water to support and maintain a balanced community of organismscomparable with that of a natural habitat.

• Potable use

The environmental value of potable use is water intended for human consumption(drinking and domestic use).

• Recreation and aesthetics (primary contact, secondary contact and aesthetics)

The environmental value of recreational water quality and aesthetics includes primaryand secondary contact and visual use. Primary contact covers activities that involve fullbody contact with the water such as swimming, surfing, diving, and water skiing.Secondary contact involves partial body contact such as wading, paddling by children,boating and fishing where the probability of swallowing water is unlikely. Aesthetic(visual) use does not involve physical contact with the water but covers the visualappearance and enjoyment of the water.

• Agriculture/aquaculture (including irrigation, livestock)

The environmental values of agriculture and aquaculture cover the quality of waterrequired to support healthy and wholesome crops, livestock, and aquaculture (includingfish and crustacea) that are grown for human consumption.

• Industrial use

The environmental value of industrial use covers incorporation of water into anyindustrial process, such as bottled water or beverages, and includes activities such ascooling, heating, washing and evaporation (for example, salt production). This does notinvolve the discharge of waters, but rather their use.

The determination of environmental values for a particular water body or segment of thecoast is an integral part of the Water Quality Policy. A given water body may have none,one, a number, or all of these values.

In the absence of specific values being set for a particular water body or segment of the coast,the Water Quality Policy sets protected environmental values for all surface and groundwaters as shown in Table 1. These are known as default values because they apply initiallyuntil they are reviewed and replaced. This does not necessarily mean that these water bodiescurrently support the designated environmental value listed in Table 1.

The purpose of this classification is to protect all our water bodies from waste dischargescontaining toxic or pathogenic substances, not to restrict their legitimate use. If defaultprotection did not apply initially, and each water body had to be assessed on its meritsbefore protection applied, then waste discharges could cause contamination before anassessment was undertaken and thereby diminish the environmental values that mightotherwise apply.


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Table 1 Protected environmental values

Aquaticecosystem

Recreation & aesthetics Potable Agriculture Industrial

Water bodyfresh marine primary

contactsecondarycontact

aesthetic irrigation livestock aquaculture

Marine &estuarine waters

x x x x x x

Inland surfacewaters

x x x x x x x x x

Ground waters x x x x x x x x

(x denotes a protected environmental value)

Changing protected environmental valuesHaving assigned default protection to water bodies in the State, it is important that amechanism is established to allow the protected environmental values for particular waterbodies or segments of the coast to be altered over time. There may be instances when thedefault protected environmental values may not be appropriate for particular waters (forexample, a shipping port within the confines of a port facility).

The Water Quality Policy provides for the default protected environmental values to bechanged where this is appropriate (clauses 8(2) and 6(1)(c)). Waters where the default criteriano longer apply are to be specified in Table 2 of Schedule 1 to the policy.

Once the policy comes into operation, it is anticipated that changes to protectedenvironmental values will mainly be proposed by bodies other than the EnvironmentProtection Authority, such as local or regional groups during or following the preparation ofan integrated environmental management plan (for example, a Catchment WaterManagement Plan or a Natural Resource Management Plan). The policy provides for thevalues to be changed in accordance with the process described in clause 6(3). Under thesecircumstances, the EPA will have an evaluating role to ensure that changes are justified,community consultation has been adequate, changes will not impact on environmentalvalues that have been set elsewhere and that statutory requirements have been met.

Consultation undertaken by a body other than the EPA may be recognised by the EPA andused to support any recommendations made to the Minister to amend the policy. Areasonable starting point for an environmental value to be changed could, for example,involve the preparation of a regional or locally based environmental management plan thathas included extensive community based consultation. Such a plan would need to clearly:

• define the geographic area within which the environmental values are to be changed

• demonstrate a clear and transparent justification for the proposed changes

• indicate whether environmental values set elsewhere would be impacted by theproposed changes

• provide a detailed explanation of the consultation process that has occurred includingconsideration of the feedback resulting from the consultation

• provide other relevant documentation that would be sufficient to satisfy the EPA that achange to protected environmental values is justified.

Determining appropriate environmental values should be an open and transparent processinvolving statutory authorities, local and State agencies, industry groups, regional groups,the local community, interested parties and the EPA. It is envisaged that the default


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environmental values will be a starting point for negotiations, with the environmentalmanagement plans the means by which the community and others are informed of proposedchanges and are able to contribute to the process.

Endorsement of changes to protected environmental values by the EPA will be subject to thefollowing considerations:

• all reasonable measures (including public consultation) having been taken to consultwith agencies, organisations and the community affected by the change

• the proposed changes not conflicting with protected environmental values for otherwater bodies or segments of the coast which may be impacted in some way

• sufficient information being provided to justify a change to the protected environmentalvalues.

When the EPA is satisfied that an amendment is justified, a recommendation will be made tothe Minister to vary the protected environmental value by notification in the GovernmentGazette pursuant to section 32(1)(c) of the Act. The EPA cannot make a recommendation foramendment unless it has (clause 6(3)):

• developed a proposal for the amendment, taking into account, where relevant, theprinciples set out in the Australian and New Zealand Guidelines for Fresh and MarineWater Quality 2000 published by ANZECC/ARMCANZ, as in force from time to time, orin any guidelines substituted for those guidelines

• produced a written proposal, clearly setting out the purpose and likely impact of andreasons for the proposed amendment

• consulted with relevant organisations and industries and the community likely to beaffected by the proposed amendment

• given consideration to and informed the Minister of the views expressed by thoseconsulted.

Amended environmental values for the particular water bodies or segments of the coastspecified will be listed in Table 2 of Schedule 1 of the policy and come into effect on the datespecified in the Government Gazette.

2.4.2 Water quality characteristics and criteriaA water quality characteristic is a chemical, physical, microbiological or biological measurethat can be used to describe the water quality condition. Examples of characteristics includepH, salinity, faecal coliforms, chlorophyll, colour, and turbidity.

Water quality criteria are values that have been set for each characteristic which, if not met,may prejudice the ability to achieve or maintain the designated environmental values.Criteria are usually set by national bodies after an exhaustive process of review of thescientific literature, followed by extensive public comment and consultation. Criteria havebeen established by these national bodies for many water quality characteristics covering allof the protected environmental values.

Table 1 of Schedule 2 of the Water Quality Policy lists water quality criteria for eachenvironmental value. The criteria listed in this Table have been restricted to toxicants(including microbiological indicators of faecal contamination) and indicators of pollutionand have been adopted from nationally accepted criteria. These criteria have been largelysourced from the following documents:

• Australian Water Quality Guidelines for Fresh and Marine Waters, ANZECC 1992;


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• Australian and New Zealand Guidelines for Fresh and Marine Water Quality,ANZECC/ARMCANZ, 2000;

• Australian Drinking Water Guidelines, NHMRC/ARMCANZ, 1996;

• Australian Guidelines for Recreational Use of Waters, NHMRC, 1990.

When these national criteria are reviewed and updated, the values listed in the table can beamended through notification by the Minister in the Government Gazette pursuant tosection 32(1)(c) of the Act.

The National Water Quality Management Strategy stresses that, although these criteria are auseful starting point for the protection of each environmental value, site-specific informationshould be used to set appropriate criteria, which could be higher or lower than the nationalcriteria.

Specifying particular criteria for specific water bodiesIn some instances it may be appropriate to set criteria for certain characteristics for particularwater bodies that are more or less stringent than those contained in Table 1 of Schedule 2 ofthe policy. This may be necessary to protect a particularly sensitive aquatic environment orto make allowances for local factors.

For example, water quality monitoring has shown that copper concentrations in marine andinland waters of South Australia are generally greater than the national criteria for theprotection of aquatic ecosystems (0.005 mg/L) but less than 0.01 mg/L. For this reason thewater quality criterion for copper has been set at this slightly higher value.

The policy makes provision for such changes to occur by listing the specific criteria for aparticular water body in Table 2 of Schedule 2 of the policy. Where this occurs these criteriaapply in place of those listed in Table 1 of Schedule 2.

The Minister may amend the criteria listed in Table 2 of Schedule 2 by notification in theGovernment Gazette pursuant to section 32(1)(c) of the Act. Recommendations to amend thecriteria in Table 2 of the policy cannot be made by the EPA to the Minister unless certainrequirements are met (clause 6(3)).

2.4.3 Discharge limits for listed activities (Schedule 3)Whereas Table 2 of Schedule 2 allows the Minister to set specific criteria for a particular bodyof water, Clause 16 of the policy allows the discharge limits for an activity listed in Schedule3 to be set in the schedule.

At present, there are no activities or criteria listed in the schedule. It is envisaged that thisprovision may be applied, for example, to protect particular water bodies from theaccumulated impact from a number of discharges by restricting the amount that can bedischarged from each source.

2.4.4 Water quality objectivesWater quality objectives are the most stringent water quality criteria that apply for eachcharacteristic across each protected environmental value.

For example, suppose that the protected environmental values for a water body are potableuse and protection of the aquatic ecosystems (fresh). The water quality objective for say,arsenic, would be 0.007 mg/L as this is the lower of the two criteria values for arsenic (0.050mg/L for aquatic ecosystem protection and 0.007 mg/L for potable water use). The WaterQuality Policy makes it an offence to discharge waste into the water body that results in theconcentration of arsenic in the receiving water exceeding 0.007 mg/L. If the background


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concentration was already in excess of this concentration, it is an offence to dispose of wastethat results in the concentration in the receiving waters being increased.

2.5 Specific requirements and offencesThe Water Quality Policy sets out specific obligations and requirements that must becomplied with as mandatory provisions and may be enforced on people and businesses byauthorised officers in several ways:

• by issuing an Environment Protection Order (EPO) to gain compliance with the policy

• by issuing an expiation notice ($300) for a breach of a mandatory policy

• by issuing an EPO and also issuing an expiation notice for a breach of a mandatorypolicy

• on failure to comply with an EPO, by issuing an expiation notice

• by prosecuting through the Court (maximum penalty $30,000).

Non-compliance with a mandatory provision is an offence. Depending on the seriousness ofthe offence the EPA may choose to prosecute through the court or take other options as listedabove. Fines may apply if you have been shown to be negligent, even if the offence wasaccidental.

Failure to comply with specific requirements in a code of practice or guideline linked to theWater Quality Policy may result in the issuing of an EPO. An EPO may require that a personor agency take specified action within a specified period. Authorised officers under thepolicy include the Environment Protection Authority, local councils, and other regionalgovernment authorities including catchment water management boards.

2.6 Codes of Practice and GuidelinesAn important feature of the Water Quality Policy is the link between the policy and relevantcodes of practice or guidelines. The relationship between the Act, environment protectionpolicies, and codes of practice or guidelines is shown schematically in Figure 2.


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Figure 2 Relationship between the Environment Protection Act, environment protection policies and codesof practice or guidelines

The Water Quality Policy uses codes of practice or guidelines as a means of describing how aperson undertaking a particular activity can comply with their general environmental duty.Failure to comply with a code listed in the policy is not an offence; however, compliancewith specific requirements of a code can be enforced through the issuing of an EnvironmentProtection Order.

Typically, a code of practice or guideline listed in the policy contains specific requirements,advice, and information. A code or guideline will not contain offence provisions.

The specific requirements in a code describe what a person undertaking a particular activitymust or must not do in order to comply with the requirements of the Water Quality Policy(and other Environment Protection Polices as appropriate) and the Act generally. Thesespecific requirements are usually outcome based and not prescriptive. For example, thepolicy states that a person responsible for a milking shed must not dispose of dairy wasteinto a watercourse. A milking shed code of practice may provide a number of options foralternative means of disposal. There may be many ways �how to do it� and it may not beappropriate to specify a particular way so long as the outcome is achieved.

A code also provides advice and information on how a person undertaking a particularactivity can meet the specific requirements and operate in a �best environmental practice�manner. This may include, for example, advice on how to treat wastewater, with adescription of different options that could be used. Using the advice provided should ensurethat the specific requirements are met, but it is recognised that there may be instances wherealternative approaches can be used to the same effect, or that circumstances may dictate thata higher level of care is required. For this reason, the advisory sections of a code or guidelineare not intended to be enforceable provided the outcome is achieved.

The codes linked to the Water Quality Policy fall into three categories:


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• codes that were translated from existing policies repealed by the Water Quality Policy(Milking Shed Effluent Policy and Vessels on Inland Waters Policy)

• those which are prepared by the EPA (in consultation with stakeholders)

• those which are prepared by other bodies (which may include input from the EPA butwhere the EPA is not specifically listed as joint publisher).

Part 5 of the Water Quality Policy (Management and control of diffuse sources of pollution)refers to a number of codes prepared and published by the EPA. In developing these codes,the EPA has undertaken comprehensive consultation with key stakeholders and the generalcommunity. Any amendments to these codes would also be subject to wide consultation. Thecodes and guidelines linked to the Water Quality Policy are listed in Table 2.

Table 2 Codes and guidelines linked to the Water Quality Policy, published by the Environment ProtectionAuthority and other bodies

Published by the Environment Protection Authority

Code of Practice for Milking Shed Effluent, 2003, EPA

Code of Practice for Vessels on Inland Waters, 2003, EPA

Guidelines for the Establishment of Intensive Piggeries in South Australia, 1998, PIRSA/EPA, SAFF/MRDB.

Guidelines for Establishment and Operation of Cattle Feedlots in South Australia, 1994, EPA/PIRSA.

Guidelines for Major Solid Waste Landfill Depots, 1998, EPA

South Australian Biosolids Guidelines for the Safe Handling, Reuse or Disposal of Biosolids, 1996, EPA

South Australian Reclaimed Water Guidelines, 1999, EPA/DHS

Stormwater Pollution Prevention Code of Practice for Local, State and Federal Government Agencies, 1997, EPA

Stormwater Pollution Prevention Code of Practice for the Building and Construction Industry, 1999, EPA

Published by other bodies

Australian and New Zealand Guidelines for Fresh and Marine Water Quality, 2000, ANZECC/ARMCANZ

Code of Practice for Antifouling and In-Water Hull Cleaning and Maintenance, 1997, ANZECC

2.6.1 New codes and changes to existing codesCodes and guidelines referred to in the policy can change from time to time as newtechnology becomes available, and new codes can be developed as the need arises. It isimportant that these changes or additions be incorporated into the policy in an effectivemanner. If the full process for modifying a policy were to be followed every time a code waschanged or added, it would take 18 months or more, with very substantial resourceimplications, for the changes to be effected. This would be a very significant disincentive tomake required changes.

Most of the codes or guidelines referred to in the policy apply to particular activities. Thepolicy therefore allows codes or guidelines listed in Division 2 of Part 4 (Additionalobligations relating to particular activities) to be changed, or new ones to be added, using thefast-track process as provided in section 32(1)(c) of the Act. In using this provision, however,the policy requires consultation with relevant organisations, industries, and the communitylikely to be affected by any change (clause 6(3)).


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2.7 Point source pollution management and controlPart 4 of the Water Quality Policy deals with the management and control of point sourcepollution. This Part contains sections covering obligations to avoid:

• discharging waste into waters (clause 11)

• causing certain environmental damage (clause 12)

• contravening water quality criteria (clause 13)

• exceeding discharge limits fixed by the water quality EPP (clause 16)

• discharging or disposing of listed pollutants into waters or onto certain land (clause 17)

• discharging waste into bores, mine shafts, etc (clause 19).

There are clauses dealing with exemptions from meeting water quality criteria for surfacewater mixing zones (clause 14) and groundwater attenuation zones (clause 15). In addition,Part 4 contains requirements for wastewater storage lagoons (clause 18).

Part 4 also contains specific requirements with mandatory provisions for controlling pointsources of pollution associated with particular activities (see 2.14).

2.8 Setting discharge limitsClause 16 of the Water Quality Policy enables the EPA to set discharge limits for particularactivities. This provision complements the setting of water quality objectives referred toearlier. Water quality objectives apply to the receiving waters, whereas this section applies tothe discharge before it is diluted by receiving waters. Discharge limits can apply to all watersor particular water bodies.

The discharge limits can be in the form of a concentration or a rate�for example, the load inkilograms of material discharged in a year. Discharge limits can be used, for example, tocontrol the discharge of heavy metals that can bio-accumulate up through the food chain, orto control the discharge of nutrients that can result in algal blooms but where theconcentration in receiving waters is below water quality objectives.

Where discharge limits are set, they are listed in Schedule 3 of the policy. Amendments toSchedule 3 can be made by the Minister by notice in the Government Gazette (clause 6).

There are restrictions placed on the EPA to granting exemptions from this requirement of thepolicy if to do so would (clause 16(2)):

(a) prejudice the water quality objectives for waters inside or outside the area of water towhich the proposed exemption would apply; or

(b) be inconsistent with a plan adopted under Part 7 of the Water Resources Act 1997.

2.9 Listed pollutantsClause 17 of the Water Quality Policy makes it an offence to discharge or dispose of listedpollutants into waters. This includes discharge onto land where it is �reasonably likely� thepollutants would be carried by natural processes�seepage, infiltration, wind or rain�intowaters.

The pollutants are listed in Schedule 4 of the Water Quality Policy and include such things asengine coolant, paint and paint scrapings, sewage and timber preservatives.

Clause 17(2) clarifies under what circumstances certain pesticides or herbicides may be usedin waters.


15

Amendments to Schedule 4 of the policy can be made by the Minister by notice in theGovernment Gazette (clause 6).

2.10 Surface water mixing zonesIt is recognised that under some circumstances disposal of waste to a surface water bodymay be the only option available, or may represent a lower net environmental risk than othermeans of disposal. In these circumstances it may be appropriate to allow a discharge butonly within a certain area or mixing zone.

A mixing zone is a defined area where water quality objectives for the receiving waters maynot be met. The water quality objectives must, however, be met outside of the mixing zone.The EPA can grant an exemption from meeting water quality objectives within the mixingzone, but clause 14 of the Water Quality Policy places certain obligations on the EPA whengranting these exemptions. For example, the EPA cannot grant a mixing zone if the waterwithin the proposed mixing zone is regularly used to a significant extent for primary contactrecreation (clause 14(2)(b)(i)).

2.11 Groundwater attenuation zonesIn some cases the impact of certain ground water pollutants can be diminished over time dueto natural processes within the aquifer. Chemical, physical and microbiological processes canoccur to ameliorate the harm or potential harm caused by these pollutants.

Attenuation zones can apply in a similar way to that in which mixing zones apply to surfacewaters. Water quality objectives are not required to be met within the defined attenuationzone but would apply outside the attenuation zone. Clause 15 of the Water Quality Policyplaces certain obligations on the EPA when granting an attenuation zone. For example, theEPA cannot grant an attenuation zone if the zone�s operation is unsustainable (Clause15(2)(d)(i)).

2.12 Construction of new wastewater storage lagoonsThe generally dry climate of South Australia means that high evaporation rates andopportunities to irrigate can be effective ways to reduce or reuse wastewater. Lagoons can beused for evaporation, or as a means of storage during wetter months of the year when reuseis perhaps not possible.

Wastewater storage lagoons can, however, cause problems. They can generate odoursoffensive to nearby residents. Problems can also occur if they are inundated or breached byflood waters, or if they leak or overflow.

The Water Quality Policy therefore places restrictions on the construction of new lagoons inWater Protection Areas (as proclaimed under the Environment Protection Act) and on theRiver Murray flood plain if the lagoon is to hold a major pollutant listed in Schedule 5 of thepolicy (clause 18). The restriction is in the form of the need to obtain an authorisation(exemption) from the EPA.

The requirements do not apply to existing wastewater storage lagoons or overhead tanks ordevices that are used to collect, but not store, pollutants. Problems caused by existingwastewater storage lagoons will be dealt with in the same way as other wastewaterdischarges.


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2.13 Discharge of waste into bores, mineshafts, etc.Discharge of waste or pollutants listed in Schedule 4 into bores, mineshafts and otherstructures where it may enter underground waters and cause significant water qualityproblems is prohibited by clause 19 of the Water Quality EPP.

The Water Quality Policy does not explicitly deal with remediation issues associated withpollution of underground waters. These issues are often very complex and need to be tackledon a case-by-case basis in consultation with the Environment Protection Authority. Thepolicy does provide some tools to assist with this process, such as the use of attenuationzones and changing the environmental values and water quality objectives that need to bemet.

2.14 Additional obligations relating to particular activitiesDivision 2 of Part 4 of the policy contains a number of specific clauses that relate to activitieslikely to have a wastewater discharge and therefore regarded as environmentally significant.The activities covered are:

• abattoirs, slaughter houses and poultry processors

• cattle feedlots

• concrete batching works

• fish processing works

• milk processing works

• saleyards

• septic tanks

• tanneries and fellmongers

• waste depots

• applying antifoulants

• composting works

• extractive industries

• milking sheds

• piggeries

• septic tank effluent disposal schemes

• sewage treatment works

• vessels on inland waters

• wineries and distilleries.

These clauses vary from activity to activity, but generally require that the operator effectivelymanage wastewater and not discharge waste into waters, or onto land where it is reasonablylikely to enter waters by seepage, infiltration or carriage by wind or rain.

Section 2.6 of this explanatory report explains how the policy is linked to industry-specificcodes of practice or guidelines. These codes and guidelines are mandatory and provideadvice on how the operator can meet their environmental obligations.

The onus is on the operator to ensure that wastewater does not enter any waters, whetherfrom the operator�s land or from other land where it has been lawfully deposited. To thisend, the Water Quality Policy requires activities listed in this section to install a wastewatermanagement system. However, for most of these operations the policy defers compliancewith the prescribed requirements for one year from the date of commencement of the policy.This transitional period does not apply to activities such as milking sheds, which arecurrently subject to the regulation through the Environment Protection (Milking Shed EffluentManagement) Policy 1997. Where a particular operator is experiencing difficulties incomplying with the obligation within the prescribed time period, the operator may apply tothe EPA for an exemption from the particular requirement for an additional period of time.


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2.15 Diffuse source pollution managementIt is recognised that diffuse sources of pollution can be a significant problem. Diffuse sourcesare, however, more difficult to deal with than point sources.

The policy aims to reduce and manage waste discharges from diffuse sources of pollutionthrough the development and implementation of best practice environmental management.This will be done by the adoption of codes of practice or guidelines for a range of activities.

The EPA intends to progressively develop additional codes of practice or guidelines forparticular activities, in conjunction with the stakeholders, where they can lead to improvedoutcomes for the environment.

2.16 Exemption conditions requiring monitoring and reportingPart 6 of the Water Quality Policy requires the EPA to attach a condition that provides for amonitoring and reporting program for an exemption relating to the discharge of waste orpollutants into waters.

The EPA may also require independent checking and verification of the program.

Part 2

Environment Protection (Water Quality) Policy 2003

[297] 5.2.2003 ENVI-WQ.CE! AL.41.AM 5 February 2003 12:51pm 1

South Australia

Environment Protection (Water Quality) Policy 2003under the Environment Protection Act 1993

Contents

Part 1—Preliminary

1. Short title2. Commencement3. Interpretation4. Application of policy5. Revocation of other policies6. Amendment of policy without following normal procedure (s. 32)

Part 2—Objects of policy

7. Objects

Part 3—Water quality objectives

8. Designation of protected environmental values (Schedule 1)9. Water quality criteria (Schedule 2)10. Water quality objectives

Part 4—Management and control of point source pollution

Division 1—General obligations

11. General obligation to avoid discharge etc. into waters12. Obligation not to cause certain environmental harm13. Obligation not to contravene water quality criteria (Schedule 2)14. Exemption from water quality criteria in surface waters—mixing zones15. Exemption from water quality criteria in underground water—attenuation zones16. Obligation not to exceed discharge limits fixed by policy (Schedule 3)17. Obligation not to discharge or deposit listed pollutants into waters or onto certain land

(Schedule 4)18. Wastewater storage lagoons19. Obligation not to discharge listed pollutants or waste into bores, mine shafts etc. (Schedule 4)

Division 2—Additional obligations relating to particular activities

20. Application of Division21. Abattoirs, slaughter houses and poultry processors22. Antifoulants23. Cattle feedlots24. Composting works25. Concrete batching works26. Extractive industries27. Fish processing works28. Milking sheds29. Milk processing works30. Piggeries31. Saleyards


32. Septic systems33. Septic tank effluent disposal schemes34. Sewerage systems and sewage treatment systems35. Tanneries and fellmongeries36. Vessels on inland waters—waste37. Waste depots38. Wineries and distilleries

Part 5—Management and control of diffuse sources of pollution

39. Road construction and maintenance—stormwater40. Building and construction industry—stormwater41. Urban stormwater42. Authority may issue environment protection order to give effect to code of practice under this

Part43. Matters to be taken into account by Authority

Part 6—Exemption conditions requiring monitoring and reporting

44. Exemption conditions requiring monitoring and reporting

Schedule 1—Protected environmental values (cl. 8)

Schedule 2—Water quality criteria (cl. 9 and 13)

Schedule 3—Discharge limits (cl. 16)

Schedule 4—Listed pollutants (cl. 17 and 19)

Schedule 5—Listed pollutants (cl. 18)

Part 1—Preliminary

Short title1. This policy may be cited as the Environment Protection (Water Quality) Policy 2003.

Commencement2. This policy will come into operation on a day to be fixed by the Governor by notice in the

Gazette.

Interpretation3. (1) In this policy—

"Act" means the Environment Protection Act 1993;

"ANZECC" means the Australian and New Zealand Environment and Conservation Council;

"ARMCANZ" means the Agriculture Resource Management Council of Australia and NewZealand;

"clean stormwater" means stormwater that is not contaminated stormwater;


"contaminated stormwater" means stormwater that is contaminated by a pollutant listed inSchedule 4 or any material that could be reasonably prevented from entering the pipes, guttersand other channels used to collect and convey the stormwater;

"exemption" means an exemption under Part 6 of the Act;

"pollutant" has the same meaning as in the Act, and includes waste;

"protected environmental value", in relation to waters or a particular body of water, means suchof the following beneficial aspects or uses of water as are designated by this policy (see clause 9)in respect of those waters or that body of water for protection from pollution:

A. Aquatic ecosystem—

(i) fresh water;

(ii) marine water;

B. Recreational water use and aesthetics—

(i) primary contact;

(ii) secondary contact;

(iii) aesthetics;

C. Potable use;

D. Agricultural/aquaculture use—

(i) irrigation;

(ii) stock watering;

(iii) aquaculture;

E. Industrial use;

"septic system" means a system used on premises for the on-site collection, treatment anddisposal of sewage generated at the premises, and includes a septic tank;

"stormwater" means rain or melted precipitation that runs off land or structures on land;

"surface waters" means—

(a) marine waters; and

(b) all other waters of the State other than underground water;

"underground water" means water occurring naturally, or stored, below ground level;

"vessel" means a boat, yacht, ship or other vessel capable of floating and being used on water;

"waste" has the same meaning as in the Act, and includes wastewater;


"waste management hierarchy"—see clause 7;

"wastewater" means waste principally consisting of water, and includes wash down water,cooling water, effluent, irrigation runoff and contaminated stormwater;

"wastewater management system" means a system designed and operated for the purpose ofcollecting and managing wastewater so as to minimise any adverse impacts of the wastewater onthe environment;

"wastewater storage lagoon" means any dam, pond or lagoon constructed and used for thepurpose of holding wastewater but does not include a sediment retention basin;

"watercourse" means any of the following (whether or not temporarily dry):

(a) a river, creek or other natural watercourse (whether modified or not);

(b) a dam or reservoir that collects water flowing in a watercourse;

(c) a lake, wetland or other body of water through which water flows;

(d) the Coorong;

(e) an artificial channel;

(f) a public stormwater disposal system;

(g) part of a watercourse;

"water quality criteria", in relation to protecting a particular protected environmental value,means the maximum concentrations of certain substances permitted by this policy to be in water,or the minimum or maximum levels permitted for certain characteristics of water;

"water quality objectives"—see clause 10;

"waters" means waters to which this policy applies—see clause 4;

(2) For the purposes of this policy, a person discharges or deposits waste or a pollutant intowaters or onto land if the person causes or allows the waste or pollutant to be discharged or depositedinto the waters or onto the land or fails to prevent it from entering the waters or escaping onto theland (including by processes such as seepage or infiltration or carriage by wind, rain, sea spray orstormwater or by the rising of the water table).

(3) For the purposes of this policy, the discharge or deposit of waste or a pollutant into awatercourse that is temporarily dry will be regarded as the discharge or deposit of the waste orpollutant into waters.

(4) In this policy, the expression "mandatory provision" followed by a statement as to thecategory of offence is to be taken to signify that contravention of the provision at the foot of whichthe expression appears is, for the purposes of Part 5 of the Act, an offence of the category so stated.

NOTE: Unless the contrary intention appears, terms used in this policy that are defined in the Acthave the respective meanings assigned to those terms by the Act.


Application of policy4. (1) Subject to section 7 of the Act and this clause, this policy applies in relation to all surface

waters and underground waters including the water within a public stormwater disposal system orirrigation drainage channel, but excluding—

(a) water within the pipes and closed tanks of a water reticulation system; and

(b) water within a sewage system or wastewater management system;

(c) water within a closed tank constructed of or lined with material impervious to water; and

(d) water within a private or public swimming pool.

(2) This policy does not apply to the discharge of clean stormwater into any waters.

(3) Except for Part 5, this policy does not apply to the ultimate discharge of stormwater from apublic stormwater disposal system into any waters by a government or public authority responsible forthe system.

(4) Nothing in this policy affects the operation of an environmental authorisation granted underthe Act, or any authority or exemption given by or under any other Act or law, and in forceimmediately before the commencement of this policy.

Revocation of other policies5. The following environment protection policies are revoked:

(a) Environment Protection (Marine) Policy 1994 (see Gazette 27 October 1994 p. 1380);

(b) Environment Protection (Milking Shed Effluent Management) Policy 1997 (see Gazette29 May 1997 p. 2690);

(c) Environment Protection (Vessels on Inland Waters) Policy 1998 (see Gazette8 January 1998 p. 21).

Amendment of policy without following normal procedure (s. 32)6. (1) The following provisions of this policy may be amended by the Minister, by notice in the

Gazette, pursuant to section 32(1)(c) of the Act:

(a) Division 2 of Part 4;

(b) Part 5;

(c) Table 2 of Schedule 1;

(d) Schedule 2;

(e) Schedule 3;

(f) Schedule 4;

(g) Schedule 5.


(2) The kinds of changes that may be made to a provision by amendment under subclause (1) areas follows:

(a) the provision may be substituted wholly or in part;

(b) material may be varied or struck out from the provision;

(c) material may be inserted into the provision.

(3) The Authority cannot make a recommendation to the Minister for amendment of any of theprovisions referred to in subclause (1) unless—

(a) a proposal for the amendment has been developed, taking into account, where relevant, theprinciples set out in the Australian and New Zealand Guidelines for Fresh and MarineWater Quality 2000 prepared by ANZECC/ARMCANZ, as in force from time to time, or inany guidelines substituted for those guidelines; and

(b) the proposal has been reduced to writing, clearly setting out the purpose and likely impactof and reasons for the proposed amendment; and

(c) there have been consultations with relevant organisations and industries and the communitylikely to be affected by the proposed amendment; and

(d) the views expressed by those consulted have been considered by the Authority andcommunicated to the Minister.


Part 2—Objects of policy

Objects7. (1) The principal object of this policy is to achieve the sustainable management of waters, by

protecting or enhancing water quality while allowing economic and social development.

(2) This policy more particularly seeks to—

(a) focus water quality management on achieving water quality objectives that will protect orenhance the water quality values assigned by this policy to the various areas of water; and

(b) ensure that pollution from both diffuse and point sources does not prejudice theachievement of those water quality objectives; and

(c) ensure that waste management will be based on doing the following, in the following orderof priority (the waste management hierarchy):

(i) avoiding the production of waste;

(ii) minimising, as far as reasonably practicable, the production of waste;

(iii) reusing waste;

(iv) recycling waste;

(v) recovering part of waste for re-use;

(vi) treating waste to reduce potentially degrading impacts;

(vii) disposing of waste in an environmentally sound manner,

to the effect that, first, the production of waste should be avoided and, second, to the extentthat avoidance is not reasonably achievable, the production of waste should, as far asreasonably practicable, be minimised, and so on; and

(d) promote best practice environmental management; and

(e) promote within the community environmental responsibility and involvement inenvironmental issues.


Part 3—Water quality objectives

Designation of protected environmental values (Schedule 1)8. (1) Subject to this clause, the protected environmental values of the waters to which this policy

applies are the values designated for those waters (by an "X") in Table 1 of Schedule 1.

(2) However, the protected environmental values of a particular body of water described ordelineated in Table 2 of Schedule 1 are the values designated in respect of that body of water in thattable.

Water quality criteria (Schedule 2)9. (1) Subject to this clause, the water quality criteria for waters that have a protected

environmental value are the criteria set out in Table 1 of Schedule 2 for waters with that value.

(2) However, the water quality criteria for a particular body of water described or delineated inTable 2 of Schedule 2 are the criteria designated in respect of that body of water in that table.

Water quality objectives10. The water quality objectives for any particular waters will be achieved if the provisions of

this policy relating to the water quality criteria applicable to those waters are complied with, so thatthe protected environmental values of those waters are safeguarded.


Part 4—Management and control of point source pollution

Division 1—General obligations

General obligation to avoid discharge etc. into waters11. (1) A person who is undertaking an activity, or is an occupier of land, must take all

reasonable and practicable measures (not being measures that themselves cause environmental harm)to avoid the discharge or deposit of waste from that activity or land—

(a) into any waters; or

(b) onto land in a place from which it is reasonably likely to enter any waters (including byprocesses such as seepage or infiltration or carriage by wind, rain, sea spray, or stormwateror by the rising of the water table),

and, in taking those measures, must apply the waste management hierarchy.

(2) If, after having complied with subclause (1), some waste is to be discharged or deposited, andmay lawfully be discharged or deposited, by a person into waters or onto land referred to in subclause(1)(b), the person must take all reasonable and practicable measures to prevent or minimise anyresulting environmental harm to waters.

(3) Subclause (2) does not derogate from any other provision of this policy.

Obligation not to cause certain environmental harm12. A person must not, by discharging or depositing a pollutant into any waters, cause any of the

following:

(a) loss of seagrass or other native aquatic vegetation; or

(b) a reduction in numbers of any native species of aquatic animal or insect; or

(c) an increase in numbers of any non-native species of aquatic animal or insect; or

(d) a reduction in numbers of aquatic organisms necessary to a healthy aquatic ecosystem; or

(e) an increase in algal or aquatic plant growth; or

(f) the water to become toxic to vegetation on land; or

(g) the water to become harmful or offensive to humans, livestock or native animals; or

(h) an increase in turbidity or sediment levels.

Mandatory provision: Category B offence.

Obligation not to contravene water quality criteria (Schedule 2)13. (1) A person must not, by discharging or depositing a pollutant into any waters, cause any of

the water quality criteria applicable (see Schedule 2) to those waters—

(a) to be exceeded or, if already exceeded (whether through natural causes, the discharge ordeposit of a pollutant or a combination of both), further exceeded; or


(b) in the case of a minimum level specified in Schedule 2 in relation to a characteristic ofwater—to be decreased or, if already decreased (whether through natural causes, thedischarge or deposit of a pollutant or a combination of both), further decreased.


(2) In this clause—

"exceeded" or "decreased" means exceeded or decreased as measured by a method approved bythe Authority.

(3) To avoid doubt, if zero constitutes a water quality criterion in Schedule 2 for a particularpollutant, the pollutant must not be detectable in the relevant waters when measured by a methodapproved by the Authority.

Exemption from water quality criteria in surface waters—mixing zones14. (1) The Authority may only grant a person an exemption from clause 13 in respect of the

discharge of waste into surface waters if the person satisfies the Authority that measures can be takenin accordance with subclause (2) to establish an area in the waters where the waste is discharged andmixed with the waters (a "mixing zone").

(2) The following requirements apply in relation to a mixing zone:

(a) the establishment of the zone must not—

(i) pose a significant risk to aquaculture areas, potable water intakes or supplies ormarine parks or other areas of water with a high conservation value; or

(ii) be inconsistent with a plan adopted under Part 7 of the Water Resources Act 1997;

(b) the zone must not be situated within waters that—

(i) are regularly used to a significant extent for primary contact recreation; or

(ii) have significant value as a spawning or nursery area for aquatic organisms;

(c) in the case of marine waters (other than estuarine waters), the zone must—

(i) have a radius not exceeding 100 metres; and

(ii) not be within 200 metres of the mean low water mark of the coast at spring tides;

(d) in the case of other surface waters, the zone must have a radius not exceeding 20 metres;

(e) the zone’s operation must—

(i) be sustainable; and

(ii) prevent or minimise the presence in or about the waters of objectionable matter orodours, or discolouration, as a result of the discharge; and

(iii) not prejudice the water quality objectives for the waters outside the zone.


(3) If the Authority grants a person an exemption referred to in subclause (1), the Authority must,in addition to any other conditions that may be imposed, impose conditions of the exemptionrequiring the person to take the measures referred to in this clause.

Exemption from water quality criteria in underground water—attenuation zones15. (1) The Authority may only grant a person an exemption from clause 13 in respect of the

discharge of waste into underground waters if the person satisfies the Authority that measures can betaken in accordance with subclause (2) to establish an area in the waters where the waste isdischarged and the concentration of pollutants is reduced by physico-chemical and microbiologicalprocesses (an "attenuation zone").

(2) The following requirements apply in relation to an attenuation zone:

(a) the zone must not be situated wholly or partly within a water protection area within themeaning of Part 8 of the Act;

(b) the zone must not extend beyond the boundaries of the land on which the waste isgenerated except with the consent of the landowners affected;

(c) the aquifer must not have high permeability properties (eg. Karst rock or fractured rockaquifers);

(d) the zone’s operation must—

(i) be sustainable; and

(ii) not prejudice the water quality objectives for the waters outside the zone.

(3) If the Authority grants a person an exemption referred to in subclause (1), the Authority must,in addition to any other conditions that may be imposed, impose conditions of the exemptionrequiring the person—

(a) to take the measures referred to in this clause; and

(b) to take action in accordance with a contingency plan approved by the Authority if pollutionfrom within the attenuation zone is detected outside the zone.

Obligation not to exceed discharge limits fixed by policy (Schedule 3)16. (1) A person must not, in the course of undertaking an activity described in Schedule 3,

discharge a pollutant listed in the Schedule into any waters, or a particular body of water described ordelineated in the Schedule, at a rate or concentration level that exceeds the rate or concentration levelspecified by the Schedule in respect of that pollutant.


(2) The Authority must not grant an exemption from subclause (1) if of the opinion that to do sowould—

(a) prejudice the water quality objectives for waters inside or outside the area of water to whichthe proposed exemption would apply; or

(b) be inconsistent with a plan adopted under Part 7 of the Water Resources Act 1997.


Obligation not to discharge or deposit listed pollutants into waters or onto certain land(Schedule 4)

17. (1) A person must not discharge or deposit a pollutant listed in Part 1 of Schedule 4—


(b) onto land in a place from which it is reasonably likely to enter any waters (including byprocesses such as seepage or infiltration or carriage by wind, rain, sea spray or stormwateror by the rising of the water table).


(2) Subclause (1) does not apply in relation to the lawful use of a pesticide or herbicide if thepesticide or herbicide is manufactured for use in relation to waters and is used at a concentration notexceeding a maximum concentration specified by the manufacturer or by law.

(3) A person must not discharge or deposit a pollutant listed in Part 2 of Schedule 4 into anywaters.


Wastewater storage lagoons18. (1) In determining matters required to be determined by the Authority under Part 6 of the Act

in relation to an environmental authorisation or an application for an environmental authorisation thatinvolves the construction of a wastewater storage lagoon or an application for a developmentauthorisation referred to the Authority under the Development Act 1993 that involves the constructionof a wastewater storage lagoon, the Authority must take into account the principle that theconstruction of wastewater storage lagoons should be avoided in the following locations:

(a) within the flood plain known as the "1956 River Murray Flood Plain" or any flood plainthat is subject to flooding that occurs, on average, more often than once in every 100 years;

(b) within a water protection area within the meaning of Part 8 of the Act;

(c) within 20 metres of a public road or road reserve;

(d) within 50 metres of a bank of a watercourse;

(e) within 200 metres of a residence built on land that is owned by some other person;

(f) within 500 metres of the high water mark;

(g) within an area where the base of the lagoon would be below any seasonal water table.

(2) A person must not store a pollutant listed in Schedule 5 in a wastewater storage lagoonlocated in—

(a) the flood plain known as the "1956 River Murray Flood Plain"; or

(b) a water protection area within the meaning of Part 8 of the Act.



(3) A person who constructs a wastewater storage lagoon must comply with the followingprovisions:

(a) the lagoon must be constructed so that polluted water in the lagoon cannot intercept withany underlying seasonal water table; and

(b) in the case of a lagoon that is to be used for storage of wastewater that contains a pollutantlisted in Schedule 5, the lagoon must—

(i) be constructed of or lined with an impervious material; or

(ii) be equipped with leak collection facilities that collect all leakages and return them tothe lagoon or dispose of them in some other lawful manner;

(c) in the case of a lagoon other than one to which paragraph (b) applies, the lagoon must beconstructed of or lined with a barrier that minimises, as far as practicable, leakage from thelagoon;

(d) a sufficient number of monitoring bores must be installed and properly placed so that thepresence of any leakage can be readily ascertained;

(e) the lagoon must be constructed so as not to be liable to inundation or damage from floodwaters;

(f) if there is any potential for the wastewater in the lagoon being a risk to the health of anyanimals, sufficient barriers to access to the lagoon by those animals must be installed.


(4) A person who discharges wastewater into a lagoon to which subclause (3) applies must ensurethat the lagoon is maintained in a condition that ensures ongoing compliance with the provisions setout in that subclause.


(5) A person who discharges wastewater into a wastewater storage lagoon must not allow thewater in the lagoon to reach a level that is less than 600 millimetres from the level of the maximumcarrying capacity of the lagoon.


Obligation not to discharge listed pollutants or waste into bores, mine shafts etc. (Schedule 4)19. A person must not, after the first year of the operation of this policy, discharge or deposit a

pollutant listed in Schedule 4 or any waste into a bore, mine shaft, quarry, well, infiltration basin orother similar structure or a naturally occurring sinkhole.


Division 2—Additional obligations relating to particular activities

Application of Division20. Obligations imposed by this Division are in addition to and do not derogate from obligations

imposed by the other provisions of this policy.


Abattoirs, slaughter houses and poultry processors21. (1) An operator of an abattoir, slaughter house or poultry processing works must ensure

that—

(a) the premises incorporate a wastewater management system; and

(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as an abattoir, slaughter house or poultry processingworks; and

(c) waste generated at the premises is not discharged—

(i) into any waters; or

(ii) onto land in a place from which it is reasonably likely to enter any waters (includingby processes such as seepage or infiltration or carriage by wind, rain, sea spray orstormwater or by the rising of the water table).


(2) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, an abattoir, aslaughter house or a poultry processing works.

Antifoulants22. (1) In this clause—

"antifoulant" means any chemical substance designed for application to water submergedsurfaces to inhibit the growth of plants, animals or other organisms on those surfaces.

(2) If a person uses an antifoulant, the code titled Code of Practice for Antifouling and In-waterHull Cleaning and Maintenance 1997 prepared by ANZECC applies.

(3) The Authority may issue an environment protection order to a person who uses an antifoulantto give effect to the code referred to in subclause (2).

(4) A person must, in using an antifoulant, or removing an antifoulant from any surface, complywith the following provisions:

(a) the only antifoulant containing tributyltin that may be used is one where the release rate oftributyltin from the antifoulant is less than 5 micrograms per square centimetre per day (asdetermined in accordance with a method approved by the Authority);

(b) an antifoulant containing tributyltin must not be used on a vessel that is less than 25 metresin length unless the hull of the vessel is made of aluminium;

(c) the cleaning of the hull of a vessel or the surface of any structure that has been coated withan antifoulant, or of any equipment contaminated with antifoulant, may only be carriedout—

(i) in dry dock; or

(ii) above the high water mark of any waters; or


(iii) below the high water mark of any waters while the tide is out to such an extent thatthere is no tidal water coming into contact with the vessel, structure or equipment;

(d) antifoulant residues—

(i) must not enter any waters; and

(ii) must not come into contact with any land that is below the high water mark of anywaters; and

(iii) must be collected and disposed of at a waste depot that is authorised under the Actto receive such waste.


Cattle feedlots23. (1) In this clause—

"cattle feedlot" means a confined yard or area in which cattle are held and are fed principally bymechanical means or by hand.

(2) An operator of a cattle feedlot must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as a cattle feedlot; and





(3) Subclause (2) will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, a cattle feedlot.

(4) The Authority must, in determining any matters under Part 6 of the Act in relation to a cattlefeedlot, take into account the Guidelines for Establishment and Operation of Cattle Feedlots in SouthAustralia 1994 prepared by the Authority and Primary Industries SA.

Composting works24. (1) In this clause—

"composting works" means works for the production of mushroom or other compost.

(2) An operator of composting works must ensure that—



(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as composting works; and





(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, compostingworks.

Concrete batching works25. (1) In this clause—

"concrete batching works" means works for the production of concrete or concrete products bythe mixing of cement, sand, rock, aggregate or other similar materials.

(2) An operator of concrete batching works must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as concrete batching works; and





(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, used for thepurposes of concrete batching works.

Extractive industries26. (1) In this clause—

"extractive industry" means operations involving extraction, or extraction and processing (bycrushing, grinding, milling or separating into different sizes by sieving, air elutriation or in anyother manner), of sand, gravel, stone, shell, shale, clay or soil, but does not include the removalof sand for the purposes of beach replenishment, or dredging.


(2) An operator of an extractive industry must ensure that stormwater that has been contaminatedby extracted material on the premises has had as much material removed from it as is reasonablypracticable before it is discharged into any waters.


(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, used for thepurposes of an extractive industry.

Fish processing works27. (1) In this clause—

"fish processing works" means premises used for the purposes of scaling, gilling, gutting,filleting, freezing, chilling, packing or otherwise processing fish for sale, but excluding theprocessing of fish only in the course of a business of selling fish by retail;

"premises" includes a vessel.

(2) An operator of a fish processing works must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as a fish processing works; and





(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, a fish processingworks.

Milking sheds28. (1) In this clause—

"milking shed" means any structure, whether roofed or not, at which operations for the milkingof animals are carried on, including any associated yard areas in which animals are confined priorto or following milking.

(2) An operator of a milking shed must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as a milking shed; and






(3) If a person operates a milking shed, the code titled Code of Practice for Milking Shed Effluent2003 prepared by the Authority applies.

(4) The Authority may issue an environment protection order to a person who operates a milkingshed to give effect to the code referred to in subclause (3).

Milk processing works29. (1) In this clause—

"milk processing works" means premises used for the purposes of separating, evaporating orotherwise processing milk for the manufacture of evaporated or condensed milk, cheese, butter,ice cream or other similar dairy products.

(2) An operator of milk processing works must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as milk processing works; and





(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, milk processingworks.

Piggeries30. (1) In this clause—

"piggery" means premises consisting of confined or roofed structures used for the purposes of thekeeping or husbandry of pigs.

(2) An operator of a piggery must ensure that—



(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as a piggery; and





(3) Subclause (2) will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, a piggery.

(4) The Authority must, in determining any matters under Part 6 of the Act in relation to apiggery, take into account the Development Guidelines for the Establishment of Intensive Piggeries inSouth Australia 1998 prepared by the Department for Primary Industries and Resources SA, theAuthority, the South Australian Farmers’ Federation and the Murraylands Regional DevelopmentBoard.

Saleyards31. (1) In this clause—

"saleyard" means a commercial yard at which cattle, sheep or other animals are gathered orconfined for the purposes of their sale, auction or exchange, and includes associated transportloading facilities.

(2) An operator of a saleyard must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as a saleyard; and





(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, a saleyard.

Septic systems32. (1) A person who owns or occupies premises at which a septic system is installed must

ensure that waste from the septic system is not discharged—





(2) Subclause (1) does not apply in relation to—

(a) the discharge into waters of wastewater that has been treated to ensure that the water qualityobjectives for those waters are not prejudiced at the point of discharge; or

(b) the discharge onto land referred to in subclause (1)(b) of wastewater that has been treated toensure that the water quality objectives for the waters into which the wastewater isreasonably likely to enter are not prejudiced at the point of entry.

(3) Subclause (1) will not apply until the expiry of the first year of the operation of this policy inrelation to a septic system that was installed immediately before the commencement of this policy.

(4) If a person uses sludge collected from a septic system, the South Australian BiosolidsGuidelines for the Safe Handling, Reuse or Disposal of Biosolids 1998 prepared by the Authorityapply.

(5) The Authority may issue an environment protection order to a person who uses sludgecollected from a septic system to give effect to the guidelines referred to in subclause (4).

Septic tank effluent disposal schemes33. (1) In this clause—

"septic tank effluent disposal scheme" means a scheme for the collection and disposal of wastefrom septic systems.

(2) An operator of a septic tank effluent disposal scheme must ensure that waste from septicsystems collected or stored by the operator is not discharged—







(4) Subclause (2) will not apply until the expiry of the first year of the operation of this policy inrelation to a scheme that was operating immediately before the commencement of this policy.


(5) If a person supplies wastewater collected from septic systems under a septic tank effluentdisposal scheme for reuse, or reuses such wastewater, the South Australian Reclaimed WaterGuidelines 1999 prepared by the Department of Human Services and the Environment ProtectionAgency apply.

(6) If a person supplies sludge collected from septic systems under a septic tank effluent disposalscheme for reuse, or reuses any such sludge, the South Australian Biosolids Guidelines for the SafeHandling, Reuse or Disposal of Biosolids 1996 prepared by the Authority apply.

(7) The Authority may issue an environment protection order to a person who undertakes anactivity referred to in subclause (5) or (6) to give effect to the guidelines referred to in the subclause.

Sewerage systems and sewage treatment systems34. (1) An operator of a sewerage system or sewage treatment system must ensure that untreated

matter conveyed by the system or wastewater generated by the system is not discharged—







(3) Subclause (1) will not apply until the expiry of the first year of the operation of this policy inrelation to a sewerage system that was operating immediately before the commencement of thispolicy.

(4) If a person supplies wastewater collected from a sewage treatment system for reuse, or reusessuch wastewater, the South Australian Reclaimed Water Guidelines 1999 prepared by the Departmentof Human Services and the Environment Protection Agency apply.

(5) If a person supplies sludge collected from a sewage treatment system for reuse, or reuses anysuch sludge, the South Australian Biosolids Guidelines for the Safe Handling, Reuse or Disposal ofBiosolids 1996 prepared by the Authority apply.

(6) The Authority may issue an environment protection order to a person who undertakes anactivity referred to in subclause (4) or (5) to give effect to the guidelines referred to in the subclause.


Tanneries and fellmongeries35. (1) In this clause—

"tannery or fellmongery" means works for the commercial preservation or treatment of animalskins or hides, but excluding—

(a) the processing of skins or hides by primary producers in the course of primary productionactivities outside township areas; and

(b) the processing of skins or hides in the course of taxidermy.

(2) An operator of a tannery or fellmongery must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as a tannery or fellmongery; and





(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, a tannery orfellmongery.

Vessels on inland waters—waste36. (1) In this clause—

"grey water" means water used in washing, laundering, bathing or showering;

"inland waters" means the surface waters of the State that are not marine waters, but includesthe Coorong.

(2) The owner, or the person in charge, of a vessel must ensure that, while the vessel is on inlandwaters, all waste produced on or brought onto the vessel is stored on the vessel in a container fromwhich it cannot escape.


(3) Subclause (2) does not prevent the discharge into waters of grey water that has been treated toensure that the water quality objectives for those waters are not prejudiced at the point of discharge.

(4) Subclause (2) will not apply in relation to grey water until a day to be fixed by the Ministerby notice in the Gazette.


(5) It will not be necessary in any proceedings for an offence against subclause (2) to prove thatwaste actually escaped from a container.

(6) The code titled Code of Practice for Vessels on Inland Waters 2003 prepared by the Authorityapplies in relation to vessels on inland waters.

(7) The Authority may issue an environment protection order to the owner or person in charge ofa vessel on inland waters to give effect to the code referred to in subclause (6).

Waste depots37. (1) In this clause—

"waste depot" means premises used for the reception, storage, treatment or disposal of waste, andincludes a landfill depot.

(2) An operator of a waste depot must not discharge waste deposited or generated at the depot—




(3) Subclause (2) will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, a waste depot.

(4) The Authority must, in determining any matters under Part 6 of the Act in relation to a wastedepot, take into account the Guidelines for Major Solid Waste Landfill Depots 1998 prepared by theEnvironment Protection Agency.

Wineries and distilleries38. (1) In this clause—

"winery or distillery" means premises used for the purposes of processing grapes or otherproduce to make wine or spirits, but excludes works for bottling only.

(2) An operator of a winery or distillery must ensure that—


(b) the system is effectively operating in respect of any wastewater generated at the premiseswhile the premises are being used as a winery or distillery; and






(3) This clause will not apply until the expiry of the first year of the operation of this policy inrelation to premises that were, immediately before the commencement of this policy, a winery or adistillery.


Part 5—Management and control of diffuse sources of pollution

Road construction and maintenance—stormwater39. If an authority constructs or maintains a public road, the code titled the Stormwater Pollution

Prevention Code of Practice for Local, State and Federal Government 1997 prepared by the Authorityapplies.

Building and construction industry—stormwater40. If a person undertakes a building or construction activity described in the Stormwater

Pollution Prevention Code of Practice for the Building and Construction Industry 1998 prepared bythe Authority, that code applies.

Urban stormwater41. If an authority undertakes the management of a stormwater system, or a part of such a

system, the code titled Stormwater Pollution Prevention General Code of Practice for Local, Stateand Federal Government 1997 prepared by the Authority applies.

Authority may issue environment protection order to give effect to code of practice under thisPart

42. The Authority may issue an environment protection order to a person who undertakes anactivity referred to in this Part to give effect to the code that applies to the activity.

Matters to be taken into account by Authority43. In determining any matters under Part 6 of the Act in relation to an activity or development,

the Authority must—

(a) take into account the potential of the activity or development to cause pollution of anywaters through soil erosion, stormwater runoff or infiltration of pollutants through the soil;and

(b) consider the requirements that should, in the event of an authorisation being granted, beimposed on all relevant persons for the purposes of preventing or minimising the pollutionor its harmful effects,

and in imposing any such requirements, the Authority must take into account the StormwaterPollution Prevention Code of Practice for the Building and Construction Industry 1998 prepared bythe Authority.


Part 6—Exemption conditions requiring monitoring and reporting

Exemption conditions requiring monitoring and reporting44. (1) In granting an exemption to a person from a provision of this policy relating to the

discharge of waste or pollutants into waters, the Authority must, in addition to any other conditionson which the exemption is granted, attach a condition that provides for a monitoring and reportingprogram to be carried out by the person.

(2) The Authority may, as part of a monitoring and reporting program, require the personundertaking the program to have the program independently checked and verified at regular intervalsand to make the results of those checks available to the Authority.


Schedule 1—Protected environmental values (cl. 8)

DefinitionsIn this Schedule and Schedule 2—

"aesthetics", in relation to any waters, means the naturally occurring colour, smell, clarity and generalappearance of the waters;

"primary contact", in relation to any waters, means use of the waters for recreational activities involvingimmersion of the body in the water (eg, swimming, diving, surfing and water skiing);

"secondary contact", in relation to any waters, means use of the waters for recreational activities involvingsome contact with the water, but not generally bodily immersion (eg, wading, boating and fishing).

Table 1

Water body

Aquaticecosystem

Recreation & aesthetics Potable Agriculture/aquaculture Industrial

fresh marineprimarycontact

secondarycontact

aesthetics irrigation livestock aquaculture

Marine waters — X X X X — — — X X

Inland surface waters X — X X X X X X X X

Underground waters X — X — X X X X X X

Table 2Protected Environmental Values for Particular Bodies of Water


Schedule 2—Water quality criteria (cl. 9 and 13)

Table 1General Criteria

NOTE: All pollutant quantities listed below are in milligrams per litre (mg/L) unless otherwise indicated and are maxima.

Protected environmental values

POLLUTANTS(Clause 13(1)(a))

Aquatic ecosystem Potable Recreation & aesthetics Agriculture/aquaculture Industrial


secondarycontact


Metal pollutants:

aluminium (soluble *) 0.1 1 5

antimony (total) 0.03 0.5 0.003

arsenic (total) 0.05 0.05 0.007 0.1 0.5 0.02

barium 0.7

beryllium (total) 0.004 0.1 0.1 0.0001

boron (total) 0.3 1 5

cadmium (total) 0.002 0.002 0.002 0.01 0.01

chromium (total) 1 1 0.02

chromium VI 0.001 0.0044 0.05

cobalt (total) 0.05 1

copper (total) 0.01 0.01 2 0.2 0.5

iron (total) 1 1

lead (total) 0.005 0.005 0.01 0.2 0.1

lithium (total) 2.5

manganese (total) 0.5 2 0.1

mercury (total) 0.0001 0.0001 0.001 0.002 0.002 0.0005

molybdenum (total) 0.05 0.01 0.01

nickel (total) 0.15 0.015 0.02 0.2 1 0.1

selenium (total) 0.005 0.07 0.01 0.02 0.02

silver (total) 0.0001 0.001 0.1

thallium (total) 0.004 0.02

uranium (total) 0.02 0.01 0.2

vanadium (total) 0.1 0.1

zinc (total) 0.05 0.05 2 20 0.005

Inorganic pollutants:

ammonia (total asnitrogen)

0.5 0.2

ammonia (NH3 asnitrogen)

0.01 0.05

Biochemical OxygenDemand (5-day test)

10 10

chlorine (total) 0.003 0.0075

colour (Hazen units) 30 15

cyanide (total) 0.08

iodide 0.1

fluoride 1.5 1 2

nitrate (as nitrogen) 10 30

nitrite (as nitrogen) 1 10






secondarycontact


oxidised nitrogen (asnitrogen)

0.5 0.2

phosphorus (total asphosphorus)

0.5 0.5

phosphorus (soluble asphosphorus)

0.1 0.1

salinity (percentagevariation)

10

sulfate 500 1000

sulfide 0.002 0.002

suspended sediment 20 10

total nitrogen (asnitrogen)

5 5

total organic carbon 15 10

turbidity (NephelometricTurbidity units (NTU))

20 10 5 20

Organic pollutants:

Chlorinated phenols

monochlorophenol 0.007 0.0001

2,4-dichlorophenol 0.0002 0.0003

trichlorophenol (total) 0.018 0.002

2,4,5-trichlorophenol 0.008 0.002

tetrachlorophenol 0.001

oil and grease 10 10 10

pentachlorophenol 0.00005 0.0002 0.00001

Chlorobenzenes

1,2-dichlorobenzene 0.0025 1.5

1,3-dichlorobenzene 0.0025

1,4-dichlorobenzene 0.004 0.04

monochlorobenzene 0.015

trichlorobenzenes (total) 0.03

1,2,3-trichlorobenzene 0.0009



1,2,3,4-tetrachlorobenzene

0.0001


0.0001


0.0002

pentachlorobenzene 0.00003

hexachlorobenzene 0.000007






secondarycontact


Organotins

tributyltins 0.00008 0.00002 0.001

Plasticisers

di(2-ethylhexyl)phthalate

0.01

Other organic pollutants

acrlyamide 0.0002

benzene 0.3 0.3 0.001 0.04

carbon tetrachloride 0.003

1,2-dichloroethane 0.003

1,1-dichloroethene 0.03

1,2-dichloroethene 0.06

dichloromethane 0.004

epichlorohydrin 0.0005

ethylbenzene 0.3

ethylenediaminetetraacetic acid

0.25

hexachlorobutadiene 0.0007

nitrilotriacetic acid 0.2

pesticides 0 0 0

polyaromatichydrocarbons (PAHs)

0.003 0.003 0.00001

phenol 0.05 0.05

polychlorinatedbiphenyls (PCBs)

0.000001 0.000004 0.0005

styrene 0.03

2,3,7,8 tetra-chlorodibenzodioxin(2378 TCDD)

0 0 0

tetrachloroethene 0.04

toluene 0.3 0.8

vinyl chloride 0.0003

xylene 0.6

Microbiologicalpollutants (organismsper 100 millilitres):

faecal coliforms or E.coli 0 150 1000 1000 1000 0

Enterococci 33






secondarycontact


CHARACTERISTICS(Clause 13(1)(b))

oxygen (dissolved) >6 >6

pH (pH units)between

6.5-9between6.5-8.5

between4.5-9

* Soluble means fully dissolved or filterable through a 0.1 micron filter.* Zero means that the pollutant must not be detectable when measured by a method approved by the Authority.


Table 2Criteria for particular bodies of water


Schedule 3—Discharge limits (cl. 16)


Schedule 4—Listed pollutants (cl. 17 and 19)

Part 1

Agricultural chemicalsAirconditioning or cooling system wastewaterBrick, bitumen or concrete cutting wastewaterBuilding construction or demolition wasteBuilding washwaterCarpet or upholstery cleaning wasteChemicals designed for human or animal therapeutic useCleaning agentsConcrete wasteCondensate from compressorsDetergents and their byproductsEngine coolantFire sprinkler test waterFuel dispensing area washwaterHard waste (eg, vehicles, tyres, batteries, metal parts, piping)High pressure water blasting wasteMotor vehicle servicing or repairs wasteOil, grease or lubricantsPaint and paint scrapingsPainting washwaterPaint stripping wastePetroleum productsPhotographic chemicalsPlaster, plaster waste and plaster wastewaterPool backwash waterPool chemicalsPutrescible waste (eg, food scraps, dead animals)Roof cleaning wasteRubbish (eg, cans, bottles, plastic items or materials)SawdustSewageSolventsStain or varnishSteam cleaning wasteStreet cleaning wasteTimber preservativesWashdown water from cleaning animals or animal enclosuresWashdown water from cleaning vehicles, plant or equipmentWashdown water from commercial or industrial premises or wharvesWaste from grease trapsWastes listed in Part B of Schedule 1 of the Act

Part 2

Animal faecesFertilisersGreen waste (eg, lawn clippings, leaves, prunings)Soil, clay, gravel or sand


Schedule 5—Listed pollutants (cl. 18)

Oil or petroleum productsPaint or paint productsSewageTimber preservativesWastes listed in Part B of Schedule 1 of the Act

Photos supplied courtesy of Department ofWater, Land and Biodiversity Conservation,South Australian Tourism Commission, JeannieWilksch Design, B Porter and S Walker.

Design: Cultivate Design Company

Printed on recycled paper

Environment Protection Authority

GPO Box 2607, Adelaide, SA 5001Telephone (08) 8204 9491www.epa.sa.gov.au

Documents

Policy and Explanatory Report 2003 Environment Protection (Water