Absolute prohibitions to jeopardize the quality of water resources - i.e. behaviours which are enjoined under any circumstances - may be used selectively to protect generic or specific environmental interests (I and III, respectively), and to ban generic or specific substances from entering water bodies (II, IV and VIII). Prohibitions may be also relative, i.e. they may be qualified by reference to extenuating circumstances. In this case, an otherwise impermissible behaviour becomes permissible if given circumstances occur (V and VI). Prohibitions to discharge waste not meeting given standards (VII), or "except" under a permit or other instrument fall in this category. This is a commonly used technique in legislation introducing the waste discharge permit requirements which will be reviewed in sub-chapter 3 below. Relative prohibitions also relate to the use of water in certain activities such as mining and related processes (IX), or spraying of contaminants near or into water resources (X).
These prohibitions are backed up by penalties designed to deter non-compliance. Ultimately, the effectiveness of absolute prohibitions as a mechanism to achieve pollution control depends entirely on the availability and effective use of penalties and other complementary mechanisms of law enforcement, i.e. mechanisms to force compliance on recalcitrant members of society. These mechanisms are reviewed in sub-chapter 8 below.
|
I - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978 3. (1) No person shall commit or cause to be committed any act which may impair the quality of water in any river, stream, spring, well, pond, reservoir or any other place. II - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978 3.... (2) No person shall commit or cause to be committed any act which may impair the quality of any underground water by the discharge of any sewage, industrial or trade waste, filth, or any other matter into any well or abandoned well, hole or other opening in the ground.... III - KENYA - Water (General) Rules 77. Any person who deposits or who causes or allows to be deposited, into any body of water or any tributary thereof, any sawdust, any vegetable or mineral refuse, the effluent from a sheep or cattle dip, factory, premises or work, any sewage effluent or any other matter or thing of any kind which is harmful to the fish, fish life, the fry or ova of fish, or fish food contained in such body of water shall be guilty of an offence. IV - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 6. No person shall discharge or cause or permit the discharge of any of the following substances into any inland waters:
V - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 29.... (a) A person shall not discharge wastes from any premises by means of an overflow drain except as the result of accidental damage, excessive rainfall or other emergency situation. (b) The occupier of any premises at which an overflow drain is provided shall ensure that any prescribed control equipment is installed and operated and that any conditions and requirements imposed by the Council are observed at all times; provided that, where no control equipment has been prescribed and no conditions or requirements have been imposed, the occupier shall take all practicable measures to avoid any discharge and to minimise adverse effects on the receiving waters.... VI - AUSTRALIA - WESTERN AUSTRALIA - Health Act (Sewerage, Drainage and Underground Water Supply) Regulations, 1959 13. A person shall not deposit on, in or under any land any sewage or offensive matter, or any other substance or thing that may pollute or render unfit for human consumption the water in any well or other underground source of water supply, which water is used or intended or likely to be used for human consumption, unless the place where that sewage, offensive matter or other substance or thing is deposited is situated not less than one hundred (100) feet distant from that well or other underground source of water supply. VII - PHILIPPINES - Water Rules and Regulations 45. No person shall discharge into any source of water supply any domestic sewage, industrial waste, or pollutant not meeting the effluent standards set by the National Pollution Control Commission. VIII - NIGERIA - The National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations, 1991 1. No industry or facility shall release hazardous or toxic substances into the air, water or land of Nigeria's ecosystems beyond limits approved by the Agency. IX - SOUTH AFRICA - Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources, 1999 4. Restrictions on locality No person in control of a mine or activity may -
5. Restrictions on use of material No person in control of a mine or activity may use any residue or substance which causes or is likely to cause pollution of a water resource for the construction of any dam or other impoundment or any embankment, road or railway, or for any other purpose which is likely to cause pollution of a water resource. X - ISRAEL - Water Regulations (Prevention of Water Pollution) (Spraying Near Water Sources), 1991 1. In these regulations -- "Active Material " - Chemical or biological material, or a mixture of chemical and biological materials designated to be sprayed for the following purposes:
2. A person may not spray in a manner that will cause or is likely to cause an active ingredient to reach a water source, will not cause spraying as stated, and will not assist therein. 3. An operator may not pilot an aircraft that contains an active ingredient over the Kinneret, the lakes that are included in the national water carrier or water reservoirs that are used for drinking water, or along the upper Jordan River and its tributaries, the national water carrier canal nor over any stream in the Kinnerret Water Basin. 4. Aerial spray may not be carried out unless there is wind that doesn’t fall below 5km/hour and blows from the direction of water source towards the area (hereafter - Proper Wind Conditions), and only on the condition that: (1) The operator does not enter the area to carry out aerial spraying unless the client informs him that the proper wind conditions are in effect in the area. (2) If the operator comes to the area and finds the improper wind conditions, or if they change during the course of spraying, the spraying must be halted until the proper wind conditions are in effect; this order applies both to the client and to the operator. (3) The client must ensure that a smoke signal is lit in the area, as a sign of wind conditions, before and during aerial spraying; (4) The height of the spray plane does not exceed 12 meters from the spraying objective. 5. (A) Aerial spraying will be conducted at a distance not less than -
(B) No permit will be granted to spraying as stated in secondary regulation 1A unless it is proven, in the opinion of the Minister, that it is essential to spray the area because the spraying cannot be done from the ground, and that the active material to be sprayed is approved by him and as well as by a person approved as such by the Minister of Health. (hereafter - Minister of Health). (C) No spraying will be conducted as is stated in the secondary regulation (B) except under the supervision of the person appointed by the Minister. (D) In spite of that which is stated in regulation 1A, aerial spraying with granulated fertilizer and with non-standard biological material which does not leave residue and that is approved by the Minister as well as by the Minister of Health, will be carried out at a distance no less than 50 meters from the water sources listed in sub regulation (A)(1). 6. Filling, emptying and rinsing the spraying device may be carried out by the operator only in an installation designated for rinsing leftover active material, and is subject to every law. |
