WA / Regulations and Prohibitions /

Grant of consent for disposal systems

Activities requiring consent of state board

Under sections 25 and 26 of the Act, the following activities may be carried out only after prior consent of the state board:

1.Establishing (or taking any steps to establish)

- any industry, operation or process, or
- any treatment and disposal system, or
- an extension or addition to treatment or disposal system,
which is likely to discharge sewage or trade effluent into a stream, well, sewer or on land

2.Bringing into use any new or altered outlets or the discharge of sewage

3. Beginning to make any new discharge of sewage

4. Continuing to discharge sewage or trade effluent into a stream, well, sewer or on land, which was being carried out before the commencement of this Act.

Application for consent of state board

An application for the consent of the state board for activities (1), (2) and (3) (for "new outlets and new discharge) shall be made in the form that is prescribed by the state government by notification. Also prescribed are the particulars that are required to be furnished and the fees that are to be paid while making such an application.

An application for the consent of the state board for activity (4) (existing discharge) shall be made on or before the date which is specified by the state government by notification in the official gazette.

Grant of consent or rejection of application by state board

The state board may make inquiries as it may deem fit when it receives an application (as described above).
The procedure followed while making such inquiry is also prescribed by the state government.

The state board may, after it has considered such an application, grant its consent or refuse such consent for reasons to be recorded in writing.

Refusal or withdrawal of consent:

A state board shall not grant its consent for the establishment of any industry, operation or process, or treatment and disposal system, or extension of such system, or bringing into use of a new or altered outlet (activities (1 – 4)) unless the industry, operation or process, treatment and disposal system or the outlet is established as to comply with any conditions imposed (see below) by the board and enable it to exercise its right to take samples of the effluent

The state board may, from time to time, review the refusal of any consent or the grant of any consent without any conditions imposed, and may make such orders as it deems fit.

Go to ‘Appeals against state board orders’

Conditions imposed on grant of consent

When the state board grants its consent, it may impose certain conditions:

For an activity related to

1. Establishing (or taking any steps to establish)
   - any industry, operation or process, or
   - any treatment and disposal system, or
   - an extension or addition to treatment or disposal system
   
   
2. Bringing into any use any new or altered outlets or the discharge of sewage,
   the conditions may be related to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage.
   
   For an activity related to:
3. Making any new discharge of sewage,
   the conditions may be related to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made
   The consent so granted is valid only for the period specified in the order.
   Any conditions imposed are binding on any person taking any of the steps or carrying out activities as described above.

The consent is deemed to have been given unconditionally on the expiry of a period of four months of the making of an application (complete in all respects), unless given or refused earlier.

The state board may, from time to time, review any condition imposed on the grant of consent, and may serve on the person to whom such consent is granted, a notice making any reasonable variation of or revoking any such condition.

Any condition imposed is subject to any variation made by the state board in its review and continues in force until it is revoked.

Go to ‘Appeals against state board orders’

State board to carry out certain works in this regard

Certain conditions imposed on the grant of consent by the state board (as described above) may require the person to whom such consent is granted to execute any work related to such processes. Where such work has not been executed within the time that may be specified by the state board, it may serve on the person concerned a notice requiring him to execute the work specified, within as may be specified in the notice (not being less than thirty days).

If the person concerned fails to execute the work as required in the notice, after the expiration of the time specified, the state board may execute or cause to be executed such work.

All expenses incurred by the state board for the execution of this work, together with interest, at rates as the state government may fix by order may be recovered by that Board from the person concerned, as arrears of land revenue, or of public demand, from the date when a demand for the expenses is made until it is paid.

Carrying on activity without consent

If any activity (as described above under ‘Activities requiring consent of the state board’ is carried out without prior consent, the state board may serve a notice on the person who has carried out such an activity. The notice imposes any of the conditions as might have been imposed on an application for its consent in respect of such establishment, such outlet or discharge.

Maintenance of register by state board

Every state board maintains a register containing particulars or conditions imposed on the grant of consent. The contents of this information as it relates to any outlet, or to any effluent from any land or premises, is open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises or any other person authorized by the board in this regard. The conditions contained in such a register will be conclusive proof that the consent was granted, subject to such conditions.

State government to revise orders

The state government may, call for the records of any case where an order has been made by the state board for the purpose of satisfying itself as to the legality or propriety of any such order. This may be done at any time either of its own motion or on an application made to it in this behalf. The state government may then pass an order in relation to such subject, as it may think fit

However, the state government shall not pass any such order under without affording the state board and the person who may be affected by such order, a reasonable opportunity of being heard in the matter.
Also, the state government shall not revise any order made by the state board where an appeal against that order lies to the appellate authority, but has not been preferred, or where an appeal has been preferred, it is pending before the appellate authority.

Go to ‘Appeals against state board orders’