(1) Where on the advice of the Agency, the Minister is satisfied that the regulating of the discharging of wastes or classes of wastes into or on—
(a) any land;
(b) any sewer or drain;
(c) any bore; or
(d) any water,
is necessary to protect the water resources from pollution or reduction in water quality, the Minister shall by order published in the Gazette declare the area to be a waste control area.
(2) In exercising his or her authority under subsection (1), the Minister shall have regard to the factors listed in section 23(2), and to the necessity of protecting the health of the public and the requirements of established and intended uses of water resources, including protection of the fauna and flora of watercourses and he or she shall also have regard to the desirability of protecting and enhancing the environment.
(3) An order under subsection (1) shall specify the boundaries of the waste control area and the waste or classes of waste required to be regulated.