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Water Act 1992
73Water quality standards
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73 Water quality standards
(1) The Administrator may, by notice in the Gazette, declare, either
generally or for an area specified in the notice, the beneficial uses,
quality standards, criteria or objectives which apply to or in relation
to any:
(a) waste or class of waste; or
(b) water or class of water.
(2) Subject to subsection (3), where a notice under subsection (1) is in
force, every licence, permit or consent granted under this Act
before or after the publication of the notice is, except to the extent
that the licence, permit or consent otherwise provides, subject to
the condition that nothing is to be done or suffered or permitted to
be done under the licence, permit or consent which prejudices the
beneficial use, quality, standard, criteria or objective specified in the
notice in the area to which it applies.
(3) Where immediately before the date of a notice under subsection (1)
a person was, in accordance with this or any other Act, causing,
suffering or permitting:
(b) water to be otherwise polluted,
Water Act 1992 69
in a manner that would, but for this section, be an offence for
breach of a condition referred to in subsection (2) or otherwise
under this Act, the person may continue to do so for:
(c) 3 months after that date;
(d) such longer period as the Controller from time to time, in
writing, allows; or
(e) subject to subsection (4), until the Controller determines an
application referred to in that subsection,
whichever is the longer period, but subject to any directions the
Controller gives.
(4) Where within a period referred to in subsection (3)(c) or (d) a
person referred to in subsection (3) makes an application under
section 74 in relation to waste or pollution and the Controller
refuses to grant the licence, the person may continue to do or suffer
the thing the subject of the application to be done in that manner for
3 months after the Controller's refusal, but subject to any directions
the Controller gives.