Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Surface water that
is affected by eutrophication is not contaminated only because of the
eutrophication.
(2) Land, water or a
site is not contaminated where the only substance that is present in or on
that land, water or site at above background concentrations that presents, or
has the potential to present, a risk of harm to human health, the environment
or any environmental value is —
(a) part
of a building or other structure; or
(b)
wholly contained within a building; or
(c)
sewage, effluent or liquid waste that is being treated, or has been treated,
by a domestic sewage apparatus operated in compliance with regulations 15 to
19 of the Health (Treatment of Sewage and Disposal of Effluent and Liquid
Waste) Regulations 1974 ; or
(d)
total soluble salts, present in a diffuse manner, as a result of salinisation,
whether natural, anthropogenic or both; or
(e) an
explosive substance contained within an unexploded ordnance; or
(f) a
substance that is present as a direct result of the correct application of a
fertiliser, herbicide or pesticide to land, subject to subregulation (3).
(3)
Subregulation (2)(f) does not apply in respect of land, water or a site
if there has been a change to the use to which the land is put since the
application of the fertiliser, herbicide or pesticide.
(4) In this
regulation —
correct application , in relation to a fertiliser,
herbicide or pesticide means application in accordance with —
(a) any
written law regarding the application of the fertiliser, herbicide or
pesticide which was in force at the time of the application; or
(b) if
no such written law was in force at that time, any relevant recommendation of
the manufacturer or distributor of the fertiliser, herbicide or pesticide;
domestic sewage apparatus means an apparatus for
the treatment of sewage (within the meaning of the Health Act 1911
section 3) that treats less than 540 litres of sewage per day.