Clean Waters Act Amendment Act 1979 (Qld)

384 (tuettsI,tttr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE. REGIN AE No. 39 of 1979 An Act to amend the Clean Waters Act 1971-1976 in certain particulars [ ASSENTED TO 26TH JUNE, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-- 1. Short title and citation . (1) This Act may be cited as the Clean Waters Act Amendment Act 1979. (2) In this Act the CleanWaters Act1971-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Clean Waters Act1971-1979. 2. Commencement . (1) Subject to subsection (2), this Act shall commence on a day to be fixed by Proclamation.

Clean Waters Act Amendment Act 1979, No. 39 385 (2) A different day or different days may be fixed by the Proclamation under subsection (1) or by a subsequent Proclamation or subsequent Proclamations as the day or days for the commencement of any particular provision or particular provisions of this Act specified therein, and in that respect any such provision or provisions shall commence on the day fixed by Proclamation in relation thereto. 3. Amendment of s. 8. Section 8 of the Principal Act is amended by- (a) inserting before the term " chairman " and its meaning the following term and meaning:- " " analyst " means a person holding qualifications prescribed as qualifications for appointment as an analyst under this Act and who is appointed under this Act: The term includes- (a) a person appointed under the Health Act1937-1978 as a State analyst; (b) a person appointed by the Minister to act as an analyst; "; (b) inserting after the term " chairman " and its meaning the following term and meaning:- Chief Engineer, Department of Local Government " includes any person for the time being acting in the office of the Chief Engineer, Department of Local Government;"; (c) inserting after the term " discharge " and its meaning the following term and meaning:- "domestic sewage" means faecal matter and urine of human origin and liquid household wastes from water closet pans, sinks, baths, basins and similar fixtures designed for use in private dwellings;"; (d) omitting the term " Environmental Control Council its meaning; and (e) in the meaning of the term "Minister ", omitting the word " Electricity " and substituting the words " Main Roads "; (f) in the meaning of the term " premises ", inserting after the words " vehicle or vessel " the words " : In relation to premises where different parts are occupied by different persons, the term means each such part thereof so differently occupied "; (g) inserting after the term " town planning scheme " and its meaning the following term and meaning:- " " trade wastes " means wastes other than domestic sewage and domestic refuse: The term includes, without limiting the generality of the foregoing, materials used or produced in manufacturing processes, mining, agriculture, commerce or any trade, business or calling; "; (h) inserting after the term " wastes " and its meaning the following term and meaning:- "" watercourse " includes land on which rainwater or stormwater runoff concentrates and land on or over which rainwater or stormwater runoff usually or occasionally flows in concentration in a defined channel, whether- (a) a natural channel:

386 Clean Waters Act Amendment Act 1979, No. 39 (b) a natural channel artificially improved; or (c) an artificial channel that has changed the course of a natural channel: The term does not include a closed conduit conveying stormwater; "; (i) in the meaning of the term " water pollution ", omitting all words occurring after the words " aquatic life:" and substituting the words- The term- (a) includes any discharge of wastes to waters which does not comply with water quality standards or water quality criteria as prescribed and any discharge of wastes to waters which does not comply with the terms and conditions of a licence or notice undere section 24, a notice under section 25 or an exemption under section 27; (b) does not include any change in the properties of any waters` caused by discharge of wastes by a licensee or a person on whom a notice has been served under section 25 where such wastes are discharged in conformity with the terms and conditions of the relevant licence or notice or of any exemption granted under section 27;"; (j) inserting after the term " water quality criteria " and its meaning the following term and meaning:- " " water quality plans " means plans prescribed, either generally or in respect of particular cases or classes of case, and statements in connexion with such plans, relating to uses of any waters and the objectives, criteria, standards and other means to be -adopted to protect waters the subject of such uses from water pollution; ". 4. Amendment of s. 9 . Section 9 of the Principal Act is amended by, in subsection (1), omitting the word " accordingly " and substituting the words " in the carrying out of his powers, functions and duties prescribed by this Act ". 5. Amendment of s. 10 . Section 10 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " and such inspectors" the words ", analysts (being persons holding such qualifications as may be prescribed as qualifications for appointment as an analyst under this Act) "• - (b) inserting after subsection (1) the following subsection:- " (IA) Persons appointed under the HealthAct1937-1978 as State analysts are, ex officio, analysts under this Act."; (c) inserting after subsection (3) the following subsections:- " (3A) The Minister may at any time by writing under his hand appoint a person (being one holding qualifications prescribed as qualifications for appointment as an analyst under this Act) for a specified period and either generally or for a particular purpose to act as an analyst, and any person so appointed shall while so acting perform the functions and carry out the duties of an analyst

Clean Waters Act Amendment Act 1979, No. 39 387 under this Act subject to the limitation as to period and any limitation as to purpose and any other limitations stipulated in his appointment. (3B) The Governor in Council may determine such terms and conditions as to remuneration and such other matters as he thinks fit with respect to appointments made under subsection (3) or (3A), and any such appointment shall be made subject to terms and conditions so determined."; (d) in subsection ( 4), inserting after the word " inspector" where twice occurring the words " or an analyst "; (e) in subsection (5)- (i) inserting after the word " inspector " the words " and every analyst "; (ii) omitting the words " the Minister or ". 6. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "' of Public Works " occurring in paragraph (c) (vi); (ii) inserting before the words" Industrial Development " occurring in paragraph ( c) (vii) the words " Commercial and "; (iii) inserting after paragraph ( c) the following paragraph:- "(ca) one representative of each of the following sections of departments of the Government of Queensland- (i) Queensland Fisheries Service; (ii) National Parks and Wildlife Service; (iv) omitting the words " Chamber of Manufactures " occurring in paragraph ( d) and substituting the words " Confederation of Industry Ltd "; (v) omitting the word " and " occurring between paragraphs (g) and (h); (vi) inserting after paragraph ( h) the following paragraphs:- t< (i) one representative of the sugar industry nominated by the Minister from a panel of names furnished to him, one to be furnished by The Australian Sugar Producers Association, Limited, one to be furnished by The Queensland Cane Growers' Council and one to be furnished by The Proprietary Sugar Millers' Association Pty. Ltd.; and (j) one representative of the Griffith University nominated by the Council of that University."; (b) in subsection (2), inserting after the words " representative on the Council " the words ", and, in the case of a section of a department referred to in paragraph (ca) of subsection (1) of this section, the Minister of the Crown charged with the administration of the department in question shall nominate a person to be the representative of the section on the Council as often as is necessary to ensure representation of the section at all times"; (c) in subsection (3), inserting after the words " the department's where twice occurring the words " or section's "; (d) in subsection (4)- (i) inserting after the word " department " wherever occurring the woras " or section ";

388 Clean Waters Act Amendment Act 1979, No. 39 (ii) inserting after the word " department's " the words " or section's "; (e) in subsection (5), inserting after the word " department's " the words " or section's ". 7. New s. 12A. The Principal Act is amended by inserting after section 12 the following section:- 12A. Deputies for certain members . (1) The Minister of the Crown charged with the administration of a department referred to in section 12 (1) (c) or of a section of a department referred to in section 12 (1) (ca) may nominate a person to be the deputy of the representative of the department or section on the Council, and any body referred to in paragraph (d), (e), (f), (g), (h), (i) or (j) of section 12 (1) may nominate a person to be the deputy of its representative on the Council. (2) A person nominated pursuant to subsection (1) shall be appointed as such deputy by the Governor in Council by notification published in the Gazette. (3) A deputy so appointed may attend any meeting of the Council in the place of the representative whose deputy he is where for any reason it is not practicable for the representative to attend that meeting. (4) When so attending, the deputy shall be deemed to be a member. (5) The Minister of the Crown or body as aforesaid may revoke the nomination made under this section at any time and any such revocation terminates the appointment of the deputy in question. (6) A person nominated to be the deputy of the representative of a department or section shall be nominated from within the department or section and his appointment as deputy terminates on his ceasing to be employed on a full-time basis within the department or section. (7) A person shall not be concerned to inquire whether any occasion has arisen requiring or authorizing a deputy to act in the place of the representative of a department, section or body under, this section, and all acts or things done or omitted by a deputy acting as aforesaid are as valid and effectual and have the same consequences as if they had been done or omitted by the representative.". 8. Amendment of s. 13. Section 13 of the Principal Act is amended by omitting the expression " and (h) " where twice occurring and substituting in each case the expression ", (h), (i) and (j) ". 9. Transitional provision with respect to new representatives. Notwithstanding the provisions of section 13 (1) of the Principal Act as amended by this Act, the first term of office of the member of the. Council who is the representative of the sugar industry and the first term of office of the member of the Council who is the representative of the Griffith University shall, subject otherwise to the provisions of the Principal Act, end on 10 May 1981. 10. Amendment of s. 14. Section 14 of the Principal Act is amended by omitting the expression " and (h) " and substituting the expression ", (h), (i) and (j) ".

Clean Waters Act Amendment Act 1979, No. 39 389 11. Amendment of s. 15. Section 15 of the Principal Act is amended by omitting the expression " and (h) " and substituting the expression ", (h), (i) and (j) ". 12. Amendment of s. 20. Section 20 of the Principal Act is amended by- (a) in subsection (1), omitting the words " quality of waters " where twice occurring and substituting in each case the words " water pollution "; (b) omitting subsection (4) and substituting the following subsection:- " (4) The Council may invite persons and organizations to make submissions to it with respect to matters relating to its functions.". 13. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in ubsection (1)- (i) omitting the words " to any waters or from which wastes are transported elsewhere for disposal in such a manner as to cause or be likely to cause water pollution " and substituting the words " directly or indirectly to any waters "; (ii) omitting the words " or transport for disposal in manner aforesaid "; (b) in subsection (2)- (i) omitting the words " or transported for disposal in manner aforesaid " and the words " or transport for disposal in manner aforesaid " occurring in paragraph (a); (ii) omitting the words "or transported for disposal- in manner, aforesaid " occurring in paragraph (b); (iii) omitting the words " or transport for disposal in manner aforesaid " occurring in subparagraph (i) of paragraph (b); (iv) omitting subparagraph (ii) of paragraph (b) and substituting the following subparagraph: "(ii) if such wastes constitute the effluent from a septic tank installation serving not more than 10 persons at any one time, if such wastes are discharged to adequate absorption trenches or transpiration areas, if such septic tank installation is in accordance with the requirements of any water quality plan applicable thereto and if that person holds a current permit from a Local Authority authorizing the installation and use of such septic tank installation pursuant to the Standard Sewerage By-laws set -forth in the Sewercge and Water Supply Act 1949-1978 and in accordance with the requirements of such Standard Sewerage By-laws; "; (v) inserting after subparagraph (ii) of paragraph (b) as inserted by this Act the following subparagraph:- "(iii) if such wastes constitute the effluent from a septic tank installation serving premises in or on which there are usually not more than 100 persons at any one time (not being a case within the provisions of subparagraph (ii) of this paragraph), if such septic tank installation has been approved by the Council and if that person holds a current permit from a Local Authority authorizing the installation and use of such septic tank installation pursuant to the Standard Sewerage By-laws

390 Clean Waters Act Amendment Act 1979, No. 39 set forth in the Sewerage and WaterSupply Act1949-1978 and in accordance with the requirements of such Standard Sewerage By-laws;"; (vi) omitting subparagraph ( iv) of paragraph ( b) and renumbering the existing subparagraph ( iii) as subparagraph (iv), and omitting from that subparagraph as so renumbered the words " or transport for disposal in manner aforesaid "; (vii) inserting after subparagraph ( v) of paragraph ( b) the following subparagraphs :- (vi) if such wastes comprise stormwater runoff uncontaminated by domestic sewage or trade wastes; (vii) if such wastes comprise stormwater runoff from agricultural lands and the occupier of the premises complies with any specific or general requirements of the Council for controlling the contamination of such wastes.". 14. Amendment of s. 24 . Section 24 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " or the transport elsewhere of wastes from any premises for disposal in such a manner as to cause or be likely to cause water pollution "; (ii) inserting at the end of subparagraph ( ii) of paragraph (a) the following proviso to that subparagraph:- if Provided that the Council may dispense with such written evidence in any case where it is aware that the Local Authority is not in a position to undertake the disposal of such wastes."; (iii) inserting after paragraph (c) the following paragraphs:- " (d) Where in the opinion of the Council the discharge of wastes that is the subject of the application or the undertaking of necessary works and installation of control equipment resulting from the granting of a licence is likely to have major environmental effects, the Council shall take such effects into account in considering the application and may require the applicant at his expense to submit to it an environmental impact study report and a statement of impact, which may be such a report and statement prepared for another body if the Council is satisfied that the lastmentioned report and statement adequately covers the effects of the discharge and other matters under its consideration. (e) Where the Council requires the applicant to submit to it an environmental impact study report and a statement of impact pursuant to paragraph (d), it shall specify the matters and things that shall be dealt with in such report and statement."; (b) in subsection (2)- (i) inserting after the word " shall ", being the first word in paragraph (c), the words ", in the exercise of a power under paragraph (a) or (b),"; (ii) inserting after the words " receiving water," occurring in paragraph (c) the words " the best available "; (iii) inserting after the words " location of industries," occurring in paragraph (c) the words " any proposals for joint or regional plants for the treatment and disposal of wastes, any conditions of a mining lease.

Clean Waters Act Amendment Act 1979, No. 39 391 any requirements for future waste discharges to such water, the combined effects of the discharge in question and any other discharges of wastes to such water, the effects of periods of no flow in a watercourse, tidal effects, the effects of changes in weather, the effects,on a trade waste of changes in raw materials, processes and operations, the desirability of recycling or re-using the wastes, alternative means of disposal, the effects on the environment other than those of water pollution,"; (c) in subsection (3)- (i) omitting the words " or the transport elsewhere of wastes from premises for disposal in such a manner as to cause or be likely to cause water pollution "; (ii) omitting the words " or transport for disposal in manner aforesaid " occurring in paragraph (a); (iii) omitting the words " or disposal " occurring in paragraph (b); (iv) inserting after the words " not exceeding four years " occurring in paragraph (c) the words " save in the case of a condition attached after the commencement of the Clean Waters Act Amendment Act 1979 in respect of a discharge not in existence prior to such commencement in which case the said period shall not exceed two years "; (v) inserting after the words " period of less, than four years" occurring in paragraph (c) the words " or less than two years, as the case may be "; (vi) inserting after the words " do not exceed four years " occurring in paragraph (c) the words " or two years, as the case may be,"; (vii) omitting the words " period of four years " occurring in paragraph (c) and substituting the words " said period "; (viii) inserting after the words " of re-use " occurring in paragraph (f) the words by the licensee or "; (ix) inserting after paragraph (g) the following paragraphs:- <t (h) specify the location and manner of disposal of such wastes; (i) require that the wastes or part thereof be reused by the licensee or be made available by the licensee for re-use by some other person."; (d) in subsection (4), omitting paragraph (a) and substituting the following paragraph:- " (a) Without prejudice to his right of appeal under section 41 of this Act, a person who- (A) is an applicant for a licence and who has been given notice under this section of the refusal of the licence or the granting of it subject to conditions; (B) is an applicant for the renewal or transfer of a licence and who has been given notice under this section of the refusal of the renewal or transfer or of the granting of the renewal or transfer subject to conditions where no conditions previously attached to the licence or subject to conditions different from those previously attaching to it; (C) is the holder of a current licence and who has been given notice under this section of the revocation or variation of any conditions attached thereto or of the attachment of new conditions thereto; or

392 Clean Waters Act Amendment Act 1979, No. 39 (D) has been given a notice under section 25 of this Act, and who considers- (i) that alternative conditions would be as effective, for the purposes of this Act, as the conditions referred to in subparagraph (A), the conditions or different conditions referred to in subparagraph (B), the conditions as varied or new conditions referred to in subparagraph (C) or the conditions determined by the Council in respect of a notice under section 25 of this Act referred to in subparagraph (D); or (ii) that, in the case of refusal to grant or renew or transfer a licence, or of revocation of any condition of a licence, the observance of certain conditions would permit compliance with they requirements of this Act, may apply for a review by the Council of such conditions or refusal or revocation.". 15. Amendment of s. 25. Section 25 of the Principal Act is amended by- (a) omitting the words " or transport " occurring in the note to the section; (b) in subsection (1)- (i) omitting the words " or from which wastes are being transported elsewhere for disposal in such a manner as to cause or be likely to cause water pollution "; (ii) omitting the words " or transport for disposal in manner aforesaid "; (iii) omitting the words " or transport " occurring after the words " to so discharge "; (c) in subsection. (2), omitting the words " or transport ". 16. Amendment of s. 26. Section 26 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting the expression " (1) " before the words " The Council "; (b) inserting after subsection (1) the following subsection:- " (2) Each register shall be kept at the office of the secretary, and any person may peruse any such register during normal office hours on payment of the prescribed fee.". 17. Amendment of s. 27. Section 27 of the Principal Act is amended by, in subsection (1)- (a) omitting the words ", or transport elsewhere or permit or allow to be transported elsewhere from such premises for disposal in such a manner as to cause or be likely to cause water pollution,"; (b) omitting the words " or transport for disposal in manner aforesaid ". 18. Amendment of s. 28 . Section 28 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) A licence may be cancelled by the Council on receipt of advice from the licensee that he no longer requires a licence, and, where it is cancelled more than six months prior to its due date of

Clean Waters Act Amendment Act 1979, No. 39 393 expiry, the licensee shall have refunded to him from the Clean Waters Trust Fund one half of the licence fee last paid in respect of the licence.". 19. Amendment of s. 30. Section 30 of the Principal Act is amended by- (a) in subsection (1), omitting the words " for a licence or any renewal thereof shall be such amount as may be prescribed, not exceeding $4 000." and substituting the words " in respect of an application for a licence or for the renewal of a licence shall be such amount as may be prescribed."; (b) in subsection (2), omitting the words ", or being or to be transported elsewhere for disposal in such a manner as to cause or be likely to cause water pollution,"; (c) in subsection (3), omitting the words " water pollution " and substituting the words " wastes discharged "; (d) in subsection (4)- (i) inserting after the word " premises " the words " at any one location "; (ii) omitting the expression " $4 000 " where it first occurs and substituting. the words " such amount as may be prescribed (iii) omitting the expression " $4 000 " where it occurs the second time and substituting the words " that amount as so prescribed "; (e) omitting subsection (5) and substituting the following subsection:- " (5) The fee payable in respect of an application for the transfer of a licence, for the review of the conditions of a licence or for the issue of a duplicate licence shall be as prescribed."; (f) in subsection (6) (i) inserting after the word " premises " the words " at any one location "; (ii) omitting the expression " $4 000 " where it first occurs and substituting the words " such amount as may be prescribed "; (iii) omitting the expression " $4 000 " where it occurs the second time and substituting the words " that amount as so prescribed ". 20. Amendment of s. 31. Section 31 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting the expression " (1) " before the words " Subject to the provisions "; (b) in paragraph (a) of subsection (1)- (i) omitting the words " water pollution by "; (ii) inserting after the word " therefrom " the words " to any waters "; (c) inserting after subsection (1) the following subsections:- " (2) The occupier of any premises shall ensure that all persons engaged in the conduct of the trade, industry or process and the operation of any works or control equipment in or on the premises are instructed in procedures necessary to comply with the requirements of subsection (1) and tocontainany leakage of wastes, whether accidental or otherwise, that may occur thereon, to ensure discontinuance of any such leakage, to prevent further leakage and to otherwise prevent, abate or mitigate any water pollution resulting from any such leakage.

394 Clean Waters Act Amendment Act 1979, No. 39 (3) Without limiting in any way the duties and obligations imposed on an occupier pursuant to subsections (1) and'(2), the Council, if it is of the opinion that the practices and procedures adopted by the occupier of any premises will not ensure compliance with subsection (1) or (2), may, by notice in writing, notify the occupier of its opinion and require him, within a period specified in the notice, to submit to it, in writing- (a) the grounds upon which he considers that the practices and procedures adopted by him ensure compliance with subsections (1) and (2); or (b) the changes in practices and procedures that he proposes to adopt with a view to ensuring compliance by him with subsections (1) and (2). (4) An occupier who receives a notice in writing from the Council pursuant to subsection (3) shall make the submission in writing referred to in the said subsection to the Council within the period specified in the notice. (5) Where the Council, after considering a submission in writing from an occupier- (a) is still of the opinion that the practices and procedures adopted by the occupier will not ensure compliance with subsections (1) and (2); or (b) is of the opinion that the changes in practices and procedures proposed to. be adopted by the occupier with a view to ensuring compliance by him with subsections (1) and (2) will not ensure such compliance, it may, by notice in writing, require the occupier to adopt such practices and procedures as it specifies in the notice within the period specified in the notice for the purpose of ensuring compliance with subsections (1) and (2). (6) An occupier who receives a notice in writing from the Council pursuant to subsection (5) shall, subject to appeal under section 41, adopt such practices and procedures as are specified in the notice within the period specified therein. (7) Where the Council, after considering a submission in writing from an occupier, required pursuant to subsection (3), is of the opinion that the changes in practices and procedures proposed to be adopted by the occupier with a view to ensuring compliance with subsections (1) and (2) will ensure such compliance, it may, by notice in writing, require the occupier to adopt those changes within the period specified in the notice. (8) An occupier who receives a notice in writing from the Council pursuant to subsection (7) shall adopt the changes in practices and procedures referred to in that subsection within the period specified in the notice.". 21. Repeal of and new s. 32. Section 32 of the Principal Act is repealed and the following section is substituted.- '132. Certain work not to be carried out on premises without prior notification to the Council. The occupier of any premises shall not, if by so doing he is likely to cause or increase the discharge of wastes to waters from such premises, alter the method of operation of any trade, industry or process carried on in or on such

Clean Waters Act Amendment Act 1979, No. 39 395 premises or of any works or control equipment installed in or on such premises or install or replace any works or control equipment unless- (a) such alteration, installation or replacement is sanctioned by a licence or notice or in any other way under this Act; or (b) he shall have notified the Council in writing of his intention so to do not later than one month before the date of alteration, installation or replacement in question and unless he complies in all respects with any requirements notified to him by the Council in respect of such alteration, installation or replacement.". 22. Amendment of s. 35. Section 35 of the Principal Act is amended b 44 y : adding the following proviso to subsection (1):- Provided that, where immediate action is required to be taken that does not reasonably permit the serving of notice in writing as aforesaid, the notice may be given verbally; and such notice if so given shall be confirmed in writing as soon as practicable thereafter.". 23. Repeal of and new s. 37. Section 37 of the Principal Act is repealed and the following section is substituted:- " 37. Requirements as to town planning, land use, etc. (1) A Local Authority, when- (a) preparing or amending a town planning scheme; (b) making a by-law or ordinance to regulate and control the use of land or the erection or use of buildings or other structures on land pending the coming into force of a town planning scheme; (c) considering an application for the rezoning of land or for the use of any land, building or other structure under a town planning scheme; or (d) considering an application for approval of a subdivision of land, shall have regard to the provisions of this Act. (2) When considering an application referred to in paragraph (c) or (d) of subsection (1), a Local Authority shall take into consideration the means of disposal of wastes likely to be discharged if the land in question is developed and used in accordance with the application. (3) A Local Authority may refer to the Council any matters upon which it desires advice for the purpose of en4b(ing it to perform its functions under this section and, in the carrying out of such functions, shall have due regard to recommendations of the Council in respect of such matters.". 24. Amendment of s. 38. Section 38 of the Principal Act is amended by omitting the words " or transported elsewhere for disposal in such a manner as to cause or be likely to cause water pollution ". 25. Amendment of s. 41. Section 41 of the Principal Act is amended by, in subsection (1), inserting after subparagraph (iii) of paragraph (a) the following subparagraph :- It ; (iv) being a person to whom a notice under section 31 (5) of this Act has been given and who is aggrieved by the notice,".

396 Clean Waters Act Amendment Act 1979, No. 39 26. Amendment of s. 46. Section 46 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting the expression " (1) " before the words "Any person who discloses "; (b) inserting after the words " equipment or plant " the words " or any confidential information whatsoever "; (c) inserting after subsection (1) the following subsection:- " (2) Nothing contained in subsection (1) precludes or renders unlawful the use by the Council of information for the preparation and publication of general statistics, reports or returns in connexion with the administration of this Act.". 27. Amendment of s. 47. Section 47 of the Principal Act is amended by- (a) in subsection (4), inserting after the words " section 27 or of " where twice occurring the words " subsection (1) of "; (b) in subsection (5)- (i) inserting after the words " section 27 or of " the words " subsection (1) of"; (ii) omitting all words occurring after the words " unavoidable leakage " and substituting the words ", that he had complied with the requirements of this Act having as their purpose the preventing or containing of any such leakage, that he had notified the Director or an inspector of the leakage as soon as practicable after discovery and complied with the requirements of the Director or the inspector following such notification and that all reasonable precautions were taken after discovery of the leakage for the purpose of containing the leakage and ensuring its discontinuance, preventing further leakage and otherwise preventing, abating or mitigating any water pollution resulting from such leakage.". 28. Amendment of s. 48 . Section 48 of the Principal Act is amended by inserting in paragraph ( a), after the words " section 27 or of ", the words " subsection (I) of ". 29. Amendment of s. 52. Section 52 of the Principal Act is amended by, in subsection (I)- (a) inserting after the word " inspector " occurring in paragraph (a) the words " or analyst "; (b) inserting after the word " inspector " occurring in paragraph (b) the words " or analyst "; (c) inserting after paragraph (g) the following paragraph:- [t (h) the production by the prosecutor of a certificate purporting to he signed by an analyst and stating- (i) that he received from the person named in the certificate the sample referred to in the certificate; (ii) that he analysed such sample on the date and at the place named in the certificate; and (iii) the results of such analysis shall be sufficient evidence of the matters contained therein:

Clean Waters Act Amendment Act 1979, No. 39 397 Provided that this provision is not applicable in any case where the defendant gives notice to the prosecutor not later than seven clear days before the return day that he requires that the analyst be called as a witness.". 30. New s. 52A. The Principal Act is amended by inserting after section 52 the following section:- " 52A. Indemnities . No liability shall be incurred by the Crown, the Council or any member thereof or any inspector or other officer or any analyst on account of anything done in pursuance of this Act or done in good faith and purporting to be in pursuance of this Act.". 31. Amendment of s. 53. Section 53 of the Principal Act is amended by, in subsection (1)- (a) inserting after paragraph (g) the following paragraph:- " (ga) prescribing qualifications to be held by persons as qualifications for appointment as analysts under this Act; "; (b) omitting the words " samples and making tests " occurring in paragraph (h) and substituting the words ", preserving and transporting samples and making tests, measurements and analyses "; (c) omitting the word " treated " occurring in paragraph (o).