Environmental Protection Water Contamination

Title Page

CRM Number
Customers name
Customers address
Received on
Inspected on
Prepared by Regulatory Compliance Unit, Cairns Regional Council
Investigating Officer
- Ben Newman
- Brian Nesbit
- Chris Remedio
- Kelly Barnes
- Michelle Thorley
- Mark Stevens

Explanatory Notes

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Environmental Protection Act 1994
http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_E.htm
Environmental nuisance - an unreasonable interference or likely interference with an environmental value caused by -

(a) aerosols, fumes, light, noise, odour, particles or smoke; or

(b) an unhealthy, offensive or unsightly condition because of contamination; or

(c) another way prescribed by legislation
Section 440
(1) a person must not wilfully and unlawfully cause an environmental nuisance

Maximum penalty - 1665 penalty units

(2) A person must not unlawfully cause an environmental nuisance

Maximum penalty - 600 penalty units

(3) This section does not apply to an environmental nuisance mentioned in schedule 1, part 1

(4) In a proceeding for an offence against subsection (1), if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the offence against subsection (2)
Non - domestic animal noise

Particular cooking odours -
A cooking odour from cooking carried out on land on which a class 1, 2 or 3 building
under the Building Code of Australia is constructed

Safety and transport noise -
Traffic signals
Railway crossings
Operation of a ship
Aircraft movement
Ordinary use of public or state controlled road
Noise from busway, light rail, or rail transport infrastructure

Government activities and public infrastructure

Nuisance regulated by other laws -
Act or omission of local law
Act or omission approved under local law
Noise relating to Police Powers and Responsibilities Act 2000
Emission contained to workplace -QWHS
A public health risk defined by Public Health Act 2005
Development under Sustainable a planning Act 2009 that approves the nuisance
Fireworks - Explosives Act 1999
Smoking -Tobacco and other smoking products Act 1998
Noise from special event -Major Sports Facilities Act 2001
Approved compliance program - Transport Infrastructure Act 1974
Section 106 Environmental Protection Regulations 1998

(a) A thing that is, or is claimed to have been, done, or emitted to be done, by a State or local government entity; or

(b) an environmentally relevant activity that is not devolved to a local government

Prescribed water contaminant details

Type of contaminant
- Earth (ashes, clay, gravel, sediment, stones or similar)
- Chemical
- Animal matter ( dead animals, animals remains, animal excreta, water used to clean animals and animal enclosures)
- Substance outside pH range 6.5 to 8.5
- Building and construction materials (bitumen, brick, cement, concrete or plaster)
- Building, construction and demolition waste ( including waste water)
- Clinical waste
- Glass, metal, paper, piping, plastic and scrap metal
- Industrial waste
- Oil (petroleum or vegetable based)
- A gas other than oxygen
- A liquid containing a suspended or dissolved solids
- A liquid that has temperature different by more than 2c from ambient water temperature
- Paint, paint scraping, paint residues, paint waste water)
- Plant matter
- Putrescible waste
- Sewage and sewage residue
- Vehicles and vehicle components (including batteries and tyres)
- Waste and waste water generated from indoor cleaning (carpet cleaning, steam cleaning)
- Waste and waste water generated from outdoor cleaning (high pressure water blasting)
- Waste generated from repairing or servicing motor vehicles ( engine coolant, grease, lubricant)
- Unknown
- No contaminant
Complete additional notes and photographs (if required)

Complete and save report
Is further investigation required
Save audit and complete after further investigation complete
Proceed with audit
Location of contaminant
- Waters
- Roadside gutter
- Stormwater drainage
- At another place
- No contaminant present
Contaminant must be reasonably expected to wash, blow, fall, or otherwise move into
Waters, a roadside gutter or stormwater drainage
Proceed to outcome
Briefly describe the activity responsible for the contaminant
Additional information

Where did the prescribed water contaminant originate from

Address

Who is responsible for controlling the contaminant

Business Name (if applicable)
Contact persons name
Position of person
- Owner (House)
- Tenant
- Business (Owner)
- Director
- Manager
- Builder
- Building Supervisor
- Contractor
- Staff Member
- Other
Enter position description
Contact number

Assessment

Briefly describe how the contaminant was deposited or released
Has the contaminant caused material or serious environmental harm
Enter reason why environmental nuisance could not be determined
Is further investigation required ?
Create a follow up inspection or save audit and complete when further information obtained
Proceed to Outcome
Proceed to evidence
Refer the matter to the Department of Environment and Heritage Protection

pollitionholtline@ehp.qld.gov.au

Evidence

Add media

Compliance

Is further investigation required
Enter the reason why you entered undetermined
Is further investigation required ?
Create a follow up inspection or save audit and complete when further information obtained
Proceed to Outcome
Proceed to Outcome
Action Required
- Direction Notice
- Environmental Protection Order
- Penalty Infringement Notice
- Warning- Verbal
- Warning - Written
- No Further Action Required
Enter reason why no further action required
Proceed to Outcome
Create notice in DM5 and proceed to Outcome
Create notice in DM5 and proceed to Outcome
Generate PIN and proceed to Outcome
Details of verbal direction
Has the Direction been completed
Date direction completed
Proceed to Outcome
Do you need to do a follow up inspection ?
Create a follow up inspection or save audit and complete when further information obtained
Proceed to Outcome
Create notice in DM5 and proceed to Outcome
Do you need to do a follow up inspection ?
Create a follow up inspection or save audit and complete when further information obtained
Proceed to Outcome