Purpose:
The legislation aims to provide for the conservation and management of specific waters and their associated land and environment.
Objectives:
- To conserve and manage specified waters and associated land.
- To preserve and enhance the quality of the environment and amenity of those waters and land.
- To control and prevent any act or omission causing pollution of waters or land.
- To maintain and manage applicable areas and carry out works for environmental improvement.
- To promote coordinated action among land owners, occupiers, and public authorities for pollution control.
- To establish criteria and standards for assessing environmental change, pollution, sampling, and testing.
- To provide advice, disseminate knowledge, and increase public awareness regarding environmental pollution in relation to waterways.
- To generally promote, encourage, coordinate, and implement planning and projects for the management and conservation of rivers, inlets, and estuaries.
Key Provisions:
- Establishment and definition of management areas for the application of the Act.
- Conferral of overall responsibility and specific functions on the Minister for waterway conservation and management.
- Authority for the Minister to enter into agreements regarding private land and manage reserves.
- Requirement for the Minister to prepare and implement detailed management programmes and working plans for designated areas.
- Mandate for consultation with local governments, other Ministers, and the public on matters affecting waterways.
- Provisions for the granting, renewal, transfer, and conditioning of licences and disposal licences for activities impacting waters or land.
- Powers to control pollution and regulate the use of waters, including the prohibition of certain activities or requiring specific precautions.
- Authority to issue orders for the removal of polluting matter, undertake remedial works, and seek injunctions to prevent contraventions.
- Establishment of enforcement mechanisms, including the appointment of inspectors and honorary wardens with powers of entry, inspection, and information gathering.
- Framework for making by-laws and regulations to prescribe or prohibit matters related to the Act’s objectives.
- Penalties for offences against the Act, including general penalties and specific fines for continuing offences.
Evidence of Compliance Requirements For Agricultural Organisations:
- Discharge/Deposit of Waste (s. 47(1), (7)): Agricultural organisations proposing to discharge or deposit any matter into waters must apply for a disposal licence in the prescribed manner. The application must state the place and time of proposed discharge/deposit, the nature, composition, and maximum temperature of the matter, and the maximum quantity per day or highest rate of discharge/deposit.
- Waste Standards (s. 47(7)): Wastes from agricultural activities must not be discharged into waters if it is reasonably practicable to dispose of them satisfactorily in another manner. Prior to discharge, every reasonable and practicable step must have been taken to improve the quality and appearance of the wastes. Discharged wastes must conform with bacterial, physical, and chemical standards laid down by the Minister.
- Disposal Licence Conditions (s. 47(6)): Holders of disposal licences must comply with conditions related to places and times of discharge/deposit, the nature, composition, temperature, volume, and rate of the discharge/deposit.
- Provision of Sampling Facilities (s. 47(6)©): Licences may require the provision of facilities for taking samples of the matter discharged or deposited.
- Provision and Testing of Monitoring Equipment (s. 47(6)(d)): Licences may require the provision, maintenance, and testing of meters for measuring the volume and rate of discharge/deposit, and apparatus for determining the nature, composition, and temperature of any discharge or deposit.
- Record-Keeping (s. 47(6)(e)): Licence holders are required to keep records of the nature, composition, temperature, volume, and rate of the discharge/deposit, including specific records of readings from meters and other recording apparatus.
- Reporting (s. 47(6)(f)): Licence holders must make returns and furnish other information to the Minister in relation to any discharge or deposit.
- Compliance with Orders (s. 50(1)): Any person who has deposited poisonous, noxious, or polluting matter (which includes agricultural waste as per s. 3(1)) must comply with an order in writing from the Minister requiring removal of that matter within a specified reasonable period. Failure to comply is an offence.
- Compliance with Regulations/By-laws for Pollution Control (s. 48(6), (7), (8)): Agricultural organisations must take precautions (as prescribed by by-laws) to prevent poisonous, noxious, or polluting matter under their custody or control from entering waters. They must also obtain a licence (if required by by-laws) to carry on activities likely to result in pollution, and comply with regulations prohibiting or controlling the use of waters for industrial purposes, pollution-causing acts, carrying out works, dredging, drainage, reclamation, or depositing objectionable matter.
- Cooperation with Inspectors (s. 63(4), (5)): Occupiers of premises (including agricultural land) and persons in charge must provide all reasonable assistance and relevant information to inspectors. Inspectors may also require occupiers to furnish specific information regarding equipment, industrial plant, or processes on the premises within a specified period.
- General Compliance with Act (s. 69(1)): Agricultural organisations must do anything required or ordered by or under this Act and refrain from doing anything prohibited. Failure to comply, or the commission of a prohibited act, constitutes an offence.
- Public Consultation Submissions (s. 78): When the Minister consults publicly on proposals for regulations, by-laws, management programmes, or working plans, agricultural organisations have the opportunity to make written submissions within a specified period, which is not less than 30 days after public notice.
Metadata Keywords:
Waterways, Conservation, Pollution Control, Legislation, Western Australia, Environmental Management, Licences, Waste Management, Agricultural Compliance.
Publication Information:
As at 14 May 2024, Official Version, PCO 04-k0-00.
Agricultural Industry Alignment:
Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.
Date Added to database:
This document was parsed and added to the database on 26-07-2025
URL:
https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_47151.pdf/$FILE/Waterways%20Conservation%20Act%201976%20-%20%5B04-k0-00%5D.pdf?OpenElement →