Northern Territory Explanatory Statements
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WATER AMENDMENT BILL 2010
Water Amendment Bill 2010
SERIAL NO. 137
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY
MINISTER FOR NATURAL RESOURCES, ENVIRONMENT AND HERITAGE
EXPLANATORY STATEMENT
GENERAL OUTLINE
The purpose of the Water Amendment Bill is to amend the Water Act to confer powers to grant waste discharge licences and to validate existing and expired waste discharge licences.
NOTES ON CLAUSES
Part 1
Clause 1 Short Title
This is a formal clause that provides for the citation of the Bill. When passed, the Act created by the Bill will be referred to as the Water Amendment Act 2010
Clause 2 Act amended
This clause clarifies that it is the Water Act that is amended by the Bill.
Clause 3 Section 4 amended
This clause inserts a definition of “waste discharge licence” that refers to section 74(1) of the Act.
Clause 4 Section 74 amended
This clause amends section 74(1) of the Act concerning waste discharge licences. The effect of the amendment is that a waste discharge licence may be issued to carry out an action that would otherwise be an offence under section 73 (as per the existing provision) or another provision of the Water Act (principally this would be section 16 of the Act which prohibits water pollution).
Clause 5 Insertion of section 111
A new section in the Water Act is created.
New sections 111(1) and (2) validate all waste discharge licences issued prior to this amendment whether or not they were in force immediately before the amendment or had expired. Any validated waste discharge licence is subject to the same conditions as existed prior to the amendment.
New section 111(3) confirms that compliance with a waste discharge licence is a defence for the offences of causing pollution contained in section 83 of the Waste Management and Pollution Control Act.
New section 111(4) clarifies that “granted” includes “amended” and “modified”
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