The offence of water pollution in the Protection of the Environment
Operations Act 1997 (NSW) is so broad that almost anyone
could be issued a $30,000 on-the-spot fine for breaching it.
Manufacturers, builders and developers need to be especially
careful, as runoff of even benign material like sand or soil can
lead to pollution and attract penalties of more than
$2,000,000.
What is water pollution?
Under section 120(2) of the Act, it's an offence to cause or
permit any waters to be polluted.
The term 'waters' is not limited to lakes, streams or
oceans, but could be any natural or manmade watercourse, including
stormwater drains or sewerage pipes.
The offence is not limited to the common meaning of pollution.
The word 'pollute' in section 120 is defined so broadly
that it includes the addition of any matter whatsoever into waters
if that matter changes the state of that water. This includes
things like soil, leaves, motor oil, coffee grounds, or litter.
