35Defence—emergency dilution arrangements

35 Defence—emergency dilution arrangements

35 Defence—emergency dilution arrangements

(1) If at any time the EPA is satisfied that:

(a) a contravention by a discharge licence holder of clause 20 (No discharges except during site discharge period) or clause 22 (No discharge in contravention of maximum discharge volume) is imminent, and

(b) the discharge licence holder has taken all reasonable steps to avoid the contravention,

the EPA may approve the discharge licence holder discharging saline water in accordance with an emergency dilution arrangement.

(2) An emergency dilution arrangement is an arrangement under which a discharge licence holder purchases or secures the release of water from the Water Administration Ministerial Corporation (being water that is additional to any other water that is generally purchased from or released by the Corporation), and uses that water for the sole purpose of diluting the discharge of saline water that is the subject of the arrangement.

(3) The EPA may approve the discharge licence holder discharging saline water in accordance with such an arrangement only if satisfied that:

(a) the discharge will not increase the overall salinity level of the Hunter River catchment (taking into account salinity levels upstream of the authorised discharge point of the discharge licence holder), and

(b) the discharge licence holder purchases or secures the release of sufficient water to ensure that the rate of flow of the Hunter River catchment, at the time and point of the discharge, achieves a target rate determined by the EPA, and

(c) the arrangement is consistent with the water sharing provisions of any management plan under the Water Management Act 2000 that has effect in relation to the area concerned.

(4) An approval given by the EPA under this clause:

(a) is to be in writing, and

(b) is subject to such conditions as may be specified by the EPA in the approval.

(5) It is a defence to a prosecution for an offence arising from an alleged contravention of clause 20 or 22 that the discharge licence holder discharged the saline water concerned in accordance with such an approval.