10Actual or likely contamination of groundwater or surface water

10 Actual or likely contamination of groundwater or surface water

(1) For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into groundwater is prescribed notifiable contamination if—

(a) the groundwater discharges, or is likely to discharge, to surface water, or is used, or may be used, for—

(i) human consumption or contact; or

(ii) stock watering; or

(iii) irrigation; and

(b) the concentration of the contaminant in the groundwater—

(i) is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(ii) is likely to remain above that specified concentration.

(2) For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into surface water is prescribed notifiable contamination if the concentration of the contaminant in the surface water—

(a) is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(b) is likely to remain above that specified concentration.

(3) For the purposes of section 37(a) of the Act, the presence of any non-aqueous phase liquid in groundwater, surface water or an aquifer on or in land is prescribed notifiable contamination.

ADWG means the Australian Drinking Water Guidelines Paper 6—National Water Quality Management Strategy, published by the National Health and Medical Research Council, National Resource Management Ministerial Council, Commonwealth of Australia in 2011, as in force from time to time;

ANZG means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality, published by the Australian and New Zealand Governments and Australian State and Territory Governments in 2018, as in force from time to time.