Are You Environmentally Safe? (What Do You Mean I Can’t Wash My Dog?)

Being a former resident of Canada, where it only really rains on the odd occasion, the staggering quantity of rainfall in the local region has me amazed. Given the recent rainfall the severe water restrictions have been downgraded. Most areas in the Mackay region are currently on Level 1 water restrictions and most areas in the Whitsunday region are on Level 2 water restrictions (to check the current water restrictions in your area see either http://mackay.qld.gov.au/water_services/water_restrictions or http://www.whitsunday.qld.gov.au/water-conservation).

With the relaxation of the water restrictions residents are again able to use a handheld hoses to wash vehicles etc. and use irrigation systems to water gardens/yards.
Council has an Erosion & Sediment Control Compliance Program to keep the waterways clean and clear of debris. The intention of Council’s plan is sound but the effect is that some people just don’t know – I didn’t and I studied law.

An effect of this is that Council has in its target building and development sites (places that may have a mound of dirt or crusher dust and no environmental protection) – but that doesn’t mean homes and home owners are immune.

Council have the right to issue fines to those residents who contravene Section 440ZG of the Environmental Protection Act 1994 (EPA) by allowing a prescribed water contaminant to escape/leak into the waterway, which amongst other things, includes:

• Wastewater from washing vehicles;
• Backwash from swimming pools;
• Water used to clean animals, animal enclosures or vehicles used for transporting animals;and
• “Earth” which the EPA defines as sand, soil, silt or mud.

Council also has the right to fine you under Section 319 of the EPA if you do anything that is likely to cause environmental harm, unless you take reasonable and practical measures to minimise that harm. The EPA provides that a defence to harm exists if:

• Your act was done while carrying out an activity that is lawful apart from this Act (such as earthworks covered in an operational works approval); and
• You complied with the general environmental duty (GED).

Any fine issued by the Council is referred to as a Penalty Infringement Notice (PIN). The likely penalty payable under a PIN is $2,000.00. If a PIN is not paid within the time prescribed the debt is then referred to the State Penalties and Enforcement Registry (SPER). SPER have the authority to suspend your driver licence or seize and sell your property if the debt remains unpaid.

Some handy hints to assist you in complying with the EPA and yourLocal Authority are as follows:

1. Wash your vehicle on the lawn instead of the driveway in an area where the water contaminant will be absorbed by the grass and soil;
2. Wash your pets in either a wash basin or a large bucket or wash them on the lawn;
3. Use a broom instead of the garden hose or gurney to clean your driveway;
4. Ensure there is a system of drainage around your pool (lay gravel, pebbles or turf) so that any contaminants are prevented from running off.

If you need any assistance with respect to a Penalty Infringement Notice, a Show Cause Notice or any other dispute that you may have with your Local Authority please contact our office.