Clean Waters Act 1970 (NSW)

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An Act to make provisions with respect to the prevention or the reduction of pollution of certain waters; and for purposes connected therewith.

Part 1Preliminary1Name of Act and commencement(1)

This Act may be cited as the Clean Waters Act 1970.

(2)

This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2

(Repealed)

3Act to bind Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

4Effect of this Act on other Acts(1)

Subject to subsection (2), nothing in this Act affects any of the provisions of any other Act, or any regulations, ordinances or by-laws thereunder or takes away any powers vested in any person or body by any other Act, or any regulations, ordinances or by-laws made under any other Act.

(2)

Except as provided by subsection (4), where the provisions of this Act are inconsistent with any of the provisions of any other Act or any regulation, ordinance or by-law made under any other Act (other than the Pollution Control Act 1970, or any regulation thereunder), the provisions of this Act shall prevail.

(3)

Except as provided by subsection (4), where the provisions of any regulation made under this Act are inconsistent with any of the provisions of any regulation, ordinance or by-law made under any other Act (other than a regulation made under the Pollution Control Act 1970), the provisions of the regulation made under this Act shall prevail.

(4)

Where the provisions of this Act or a regulation made under this Act are inconsistent with:

  • (a)

    Part 2, 3, 5 or 6 of the Marine Pollution Act 1987, or

  • (b)

    a regulation made under Part 2, 3, 5 or 6 of that Act,

in its application to the seas of the State, the provisions of the Marine Pollution Act 1987 shall prevail.

(5)

In this section:

seas of the State means:

  • (a)

    the territorial sea adjacent to the State, and

  • (b)

    the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State.

5Definitions

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

authorised officer means a person authorised in writing by the Authority either generally or in a special case to act as an authorised officer for the purposes of section 29.

Authority means the Environment Protection Authority.

classified waters means any waters classified by the Authority under section 11.

Court means the Land and Environment Court.

fish has the meaning ascribed thereto in the Fisheries and Oyster Farms Act 1935.

licence means a licence granted under the Pollution Control Act 1970 and in force, whether it is an original licence or a renewed licence.

local authority means:

  • (a)

    the council of…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.