{"id":"environment-protection-act-1993","name":"Environment Protection Act 1993","slug":"environment-protection-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31994,"registerId":"sa-environment-protection-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Environment Protection Act 1993.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nactivity includes the storage or possession of a pollutant;\nadministering agency—see Division 1A of Part 3;\nair includes any layer of the atmosphere;\namenity value of an area includes any quality or condition of the area that conduces to its enjoyment;\nappointed member, in relation to the Board, means a member appointed by the Governor;\nappropriate person, in relation to the issuing of a site contamination assessment order or site remediation order, means the person who is the appropriate person under Part 10A to be issued with the order;\napproved recovered resource—see section 4A;\nassociate—see subsection (2);\nauthorised officer means a person appointed to be an authorised officer under Division 1 of Part 10;\nthe Authority means the Environment Protection Authority established under Division 1 of Part 3;\nbackground concentrations, in relation to chemical substances on a site or below its surface, means results obtained from carrying out assessments of the presence of the substances in the vicinity of the site in accordance with guidelines from time to time issued by the Authority;\nbeverage container approval means an approval for the purposes of Division 2 of Part 8;\nBoard means the Board of the Environment Protection Authority established as the governing body of the Authority under Division 1 of Part 3;\nbusiness includes a business not carried on for profit or gain and any activity undertaken by government or a public authority;\ncause site contamination—see section 103D;\nchemical substance means any organic or inorganic substance, whether a solid, liquid or gas (or combination thereof), and includes waste;\nChief Executive of the Authority means a person who is, for the time being, taken to be the Chief Executive of the Authority in accordance with section 14A;\nclean-up authorisation means a clean-up authorisation issued under Division 4 of Part 10;\nclean-up order means a clean-up order issued under Division 4 of Part 10;\nclimate change adaptation means any process of adjusting to the actual or expected effects of climate change;\nclimate change mitigation means measures or activities that relate to reducing the rate of climate change including (without limitation) by limiting, reducing or preventing greenhouse gas emissions;\ncoastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;\ncondition includes a limitation;\ncontravene includes fail to comply with;\ncouncil means a council within the meaning of the Local Government Act 1999;\ndirector of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;\ndisposal, of waste or other matter—see subsection (4);\ndocument means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);\ndomestic activity means an activity other than an activity undertaken in the course of a business;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nenvironment means land, air, water, organisms and ecosystems, and includes—\n\t(a)\thuman-made or modified structures or areas; and\n\t(b)\tthe amenity values of an area;\nenvironmental authorisation means a works approval, licence or exemption;\nenvironmental harm—see section 5;\nenvironmental nuisance means—\n\t(a)\tany adverse effect on an amenity value of an area that—\n\t(i)\tis caused by pollution; and\n\t(ii)\tunreasonably interferes with or is likely to interfere unreasonably with the enjoyment of the area by persons occupying a place within, or lawfully resorting to, the area; or\n\t(b)\tany unsightly or offensive condition caused by pollution;\nenvironment performance agreement means an environment performance agreement entered into under Part 7;\nenvironment protection order means an environment protection order issued under Division 2 of Part 10;\nenvironment protection policy means an environment protection policy made under Part 5;\nthe Environment, Resources and Development Court means the Court of that name established under the Environment, Resources and Development Court Act 1993;\nexemption means an exemption under Part 6 from the application of a specified provision of this Act;\nthe general environmental duty means the duty under Part 4;\ngreenhouse gas emissions has the same meaning as in the Climate Change and Greenhouse Emissions Reduction Act 2007;\nholding company has the same meaning as in the Corporations Act 2001 of the Commonwealth;\ninformation discovery order means an information discovery order issued under Division 3 of Part 10;\ninjury includes illness;\nland means, according to context—\n\t(a)\tland as a physical entity, including land covered with water; or\n\t(b)\tany legal estate or interest in, or right in respect of, land;\nliability for site contamination means—\n\t(a)\tliability to be issued with an order under Part 10A in respect of the site contamination; or\n\t(b)\tliability to pay an amount ordered by the Court under Part 11 in respect of the site contamination;\nlicence means a licence under Part 6 to undertake a prescribed activity of environmental significance;\nmandatory provisions of an environment protection policy—see Part 5;\nmarine waters means the coastal waters of the State or any part of the sea that is within the limits of the State, and includes any estuary or tidal waters;\nmaterial environmental harm —see section 5;\nnational environment protection measure means a national environment protection measure made under the prescribed national scheme laws;\nnoise includes vibration;\noccupier, in relation to a place, includes a person with a right to occupy the place or a licensee or any holder of a right to use or carry on operations at the place, but does not include a mortgagee in possession unless the mortgagee assumes active management of the place;\nofficer, in relation to a body corporate, means—\n\t(a)\ta director of the body corporate; or\n\t(b)\tthe chief executive officer of the body corporate; or\n\t(c)\ta receiver or manager of any property of the body corporate or a liquidator of the body corporate,\nand includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with management responsibilities in respect of the matters to which the contravention or alleged contravention related;\nowner of land means—\n\t(a)\tif the land is unalienated from the Crown—the Crown; or\n\t(b)\tif the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or\n\t(c)\tif the land is held from the Crown by lease or licence—the lessee or licensee; or\n\t(d)\tif the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;\nplace includes any land, water, premises or structure;\npollutant means—\n\t(a)\tany solid, liquid or gas (or combination thereof) including waste, smoke, dust, fumes and odour; or\n\t(b)\tnoise; or\n\t(c)\theat; or\n\t(d)\tanything declared by regulation to be a pollutant for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); or\n\t(e)\tanything declared by an environment protection policy to be a pollutant for the purposes of this Act,\nbut does not include anything declared by regulation or by an environment protection policy not to be a pollutant for the purposes of this Act;\npollute means—\n\t(a)\tdischarge, emit, deposit, dispose of or disturb pollutants; or\n\t(b)\tcause or fail to prevent the discharge, emission, depositing, disposal, disturbance or escape of pollutants,\nand pollution has a corresponding meaning;\npre-school means a place primarily used for the care or instruction of children of less than primary school age not resident at the site, and includes a nursery, kindergarten or child-care centre;\nprescribed activity of environmental significance means an activity specified in Schedule 1 as amended from time to time by regulation;\nthe prescribed national scheme laws means—\n\t(a)\tthe prescribed law of the Commonwealth; and\n\t(b)\tthe prescribed law of this State; and\n\t(c)\tthe laws of other States or Territories of the Commonwealth corresponding to the prescribed law of this State,\nunder which national environment protection measures may be made;\nprescribed person means—\n\t(a)\ta natural person; or\n\t(b)\ta body corporate that is not the holder of an environmental authorisation under this Act; or\n\t(c)\tif the regulations specify a scheme under which the holder of an environmental authorisation may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance—a body corporate that is an accredited licensee under such a scheme;\npublic authority includes a Minister, statutory authority or council;\nrelated body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nremediate a site means treat, contain, remove or manage chemical substances on or below the surface of the site so as to—\n\t(a)\teliminate or prevent actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; and\n\t(b)\teliminate or prevent, as far as reasonably practicable—\n\t(i)\tactual or potential harm to water that is not trivial; and\n\t(ii)\tany other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses,\nand remediation has a corresponding meaning;\nrepealed environment law means an Act or provision repealed by this Act;\nresource recovery, in relation to waste or other matter, means—\n\t(a)\treusing the waste or matter; or\n\t(b)\trecycling the waste or matter; or\n\t(c)\trecovering energy or other resources from the waste or matter;\nsell includes—\n\t(a)\tsupply on a gratuitous basis for commercial promotional purposes; and\n\t(b)\toffer or display for sale or such supply;\nsensitive use means—\n\t(a)\tuse for residential purposes; or\n\t(b)\tuse for a pre-school; or\n\t(c)\tuse for a primary school; or\n\t(d)\tuse of a kind prescribed by regulation;\nserious environmental harm—see section 5;\nsite means an area of land (whether or not in the same ownership or occupation);\nsite contamination—see section 5B;\nsite contamination assessment order means a site contamination assessment order under Part 10A;\nsite contamination audit means a review carried out by a person that—\n\t(a)\texamines assessments or remediation carried out by another person in respect of known or suspected site contamination on or below the surface of a site; and\n\t(b)\tis for the purpose of determining any 1 or more of the following matters:\n\t(i)\tthe nature and extent of any site contamination present or remaining on or below the surface of the site;\n\t(ii)\tthe suitability of the site for a sensitive use or another use or range of uses;\n\t(iii)\twhat remediation is or remains necessary for a specified use or range of uses;\nsite contamination auditor means a person accredited under Division 4 of Part 10A as a site contamination auditor;\nsite contamination audit report, in relation to a site contamination audit, means a detailed written report that—\n\t(a)\tsets out the findings of the audit and complies with the guidelines from time to time issued by the Authority; and\n\t(b)\tincludes a summary of the findings of the audit certified, in the prescribed form, by the site contamination auditor who personally carried out or directly supervised the audit;\nsite contamination audit statement, in relation to a site contamination audit, means a copy (that must comply with the regulations) of the summary of the findings of the audit certified, in the prescribed form, by the site contamination auditor who personally carried out or directly supervised the audit;\nsite contamination consultant means a person other than a site contamination auditor who, for fee or reward, assesses the existence or nature or extent of site contamination;\nsite remediation order means a site remediation order under Part 10A;\nspouse—a person is the spouse of another if they are legally married;\ntreatment, of waste or other matter—see subsection (4);\nunauthorised stockpiling, of waste or other matter—see subsection (5);\nundertake an activity includes commence or proceed with an activity or cause, suffer or permit an activity to be commenced or to proceed;\nvehicle includes—\n\t(a)\tany vessel or aircraft; and\n\t(b)\ta vehicle within the meaning of the Road Traffic Act 1961;\nvessel includes a vessel within the meaning of the Harbors and Navigation Act 1993;\nwaste—see section 4;\nwaste management hierarchy—see section 4B;\nwaste transport business means a waste transport business (category A) or a waste transport business (category B), each within the meaning of Schedule 1 Part A clause 3;\nwater means—\n\t(a)\twater occurring naturally above or under the ground; or\n\t(b)\twater introduced to an aquifer or other area under the ground; or\n\t(c)\tan artificially created body of water or stream that is for public use or enjoyment;\nwater protection area—see section 61;\nworks approval means a works approval under Part 6 to carry out works in respect of a building, structure, plant or equipment for use for a prescribed activity of environmental significance.\n\t(2)\tFor the purposes of this Act, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\tone is a spouse, domestic partner, parent or child of another; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or\n\t(e)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in five per cent or more of the share capital of the body corporate or other entity; or\n\t(f)\tthey are related bodies corporate; or\n\t(g)\ta relationship of a prescribed kind exists between them; or\n\t(h)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(3)\tFor the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.\n\t(4)\tFor the purposes of this Act, unless the contrary intention appears—\n\t(a)\ta reference to the disposal of waste or other matter includes a reference to stockpiling or abandoning the waste or matter; and\n\t(b)\ta reference to the treatment of waste or other matter includes a reference to the treatment of waste or other matter for resource recovery; and\n\t(c)\ta reference to the treatment of waste or other matter for resource recovery is a reference to the treatment of the waste or matter in some way—\n\t(i)\tto recover material from the waste or matter that may be reused or recycled; or\n\t(ii)\tto recover energy or other resources from the waste or matter; or\n\t(iii)\tto prepare the waste for further treatment to recover material from the waste or matter that may be reused or recycled or to recover energy or other resources from the waste or matter,\nand includes, but is not limited to, sorting, shredding, crushing, compacting or packaging the waste or matter; and\n\t(d)\ta reference to waste or matter of a particular kind includes a reference to material that contains waste or matter of that kind to a significant extent.\n\t(5)\tFor the purposes of this Act, unauthorised stockpiling of waste or other matter will be taken to have occurred if a maximum allowable stockpile limit imposed by or under this Act in relation to the waste or other matter has been exceeded.\n4—Waste\n\t(1)\tFor the purposes of this Act, waste means—\n\t(a)\tany discarded, dumped, rejected, abandoned, unwanted or surplus matter, whether or not intended for sale or for purification or resource recovery by a separate operation from that which produced the matter; or\n\t(b)\tany matter declared by regulation to be waste for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); or\n\t(c)\tany matter declared by an environment protection policy to be waste for the purposes of this Act,\nwhether or not of value.\n\t(2)\tHowever, waste does not include—\n\t(a)\tan approved recovered resource whilst it is being dealt with in accordance with the declaration of that resource—see section 4A; or\n\t(b)\tanything declared by regulation or an environment protection policy not to be waste for the purposes of this Act,\neven though the resource or the thing so declared might otherwise, but for the declaration, fall within the definition of waste in subsection (1).\n4A—Approved recovered resources\n\t(1)\tThe Authority may, by notice in the Gazette, declare that specified matter constitutes an approved recovered resource for the purposes of this Act and therefore does not, while it is being dealt with in accordance with the declaration, constitute waste for the purposes of this Act.\n\t(2)\tRegulations may be made in relation to declarations under this section and may, without limiting the generality of subsection (1), provide for—\n\t(a)\tthe manner and form of applications for declarations; and\n\t(b)\tapplication fees relating to declarations; and\n\t(c)\tthe criteria against which applications will be determined; and\n\t(d)\tthe provision of further information by applicants; and\n\t(e)\tthe imposition of conditions of declarations; and\n\t(f)\tthe term and renewal of declarations; and\n\t(g)\tthe grounds for refusing applications; and\n\t(h)\tthe variation or revocation of declarations by further notice in the Gazette; and\n\t(i)\tthe circumstances in which declarations may be varied or revoked.\n4B—Waste management hierarchy\nIn this Act, a reference to the waste management hierarchy is a reference to an order of priority for the management of waste in which—\n\t(a)\tavoidance of the production of waste; and\n\t(b)\tminimisation of the production of waste; and\n\t(c)\treuse of waste; and\n\t(d)\trecycling of waste; and\n\t(e)\trecovery of energy and other resources from waste; and\n\t(f)\ttreatment of waste to reduce potentially degrading impacts; and\n\t(g)\tdisposal of waste in an environmentally sound manner,\nare pursued in order with, first, avoidance of the production of waste, and second, to the extent that avoidance is not reasonably practicable, minimisation of the production of waste, and third, to the extent that minimisation is not reasonably practicable, reuse of waste, and so on.\n5—Environmental harm\n\t(1)\tFor the purposes of this Act, environmental harm is any harm, or potential harm, to the environment (of whatever degree or duration) and includes—\n\t(a)\tan environmental nuisance; and\n\t(b)\tanything declared by regulation to be environmental harm for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); and\n\t(c)\tanything declared by an environment protection policy to be environmental harm for the purposes of this Act.\n\t(2)\tFor the purposes of this Act, potential harm includes risk of harm and future harm.\n\t(3)\tFor the purposes of this Act, the following provisions are to be applied in determining whether environmental harm is material environmental harm or serious environmental harm:\n\t(a)\tenvironmental harm is to be treated as material environmental harm if—\n\t(i)\tit consists of an environmental nuisance of a high impact or on a wide scale; or\n\t(ii)\tit involves actual or potential harm to the health or safety of human beings that is not trivial, or other actual or potential environmental harm (not being merely an environmental nuisance) that is not trivial; or\n\t(iii)\tit results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $5 000;\n\t(b)\tenvironmental harm is to be treated as serious environmental harm if—\n\t(i)\tit involves actual or potential harm to the health or safety of human beings that is of a high impact or on a wide scale, or other actual or potential environmental harm (not being merely an environmental nuisance) that is of a high impact or on a wide scale; or\n\t(ii)\tit results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $50 000.\n\t(4)\tFor the purposes of subsection (3), loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent or mitigate the environmental harm and to make good resulting environmental damage.\n\t(5)\tFor the purposes of this Act, environmental harm is caused by pollution—\n\t(a)\twhether the harm is a direct or indirect result of the pollution; and\n\t(b)\twhether the harm results from the pollution alone or from the combined effects of the pollution and other factors.\n5B—Site contamination\n\t(1)\tFor the purposes of this Act, site contamination exists at a site if—\n\t(a)\tchemical substances are present on or below the surface of the site in concentrations above the background concentrations (if any); and\n\t(b)\tthe chemical substances have, at least in part, come to be present there as a result of an activity at the site or elsewhere; and\n\t(c)\tthe presence of the chemical substances in those concentrations has resulted in—\n\t(i)\tactual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; or\n\t(ii)\tactual or potential harm to water that is not trivial; or\n\t(iii)\tother actual or potential environmental harm that is not trivial, taking into account current or proposed land uses.\n\t(2)\tFor the purposes of this Act, environmental harm is caused by the presence of chemical substances—\n\t(a)\twhether the harm is a direct or indirect result of the presence of the chemical substances; and\n\t(b)\twhether the harm results from the presence of the chemical substances alone or the combined effects of the presence of the chemical substances and other factors.\n\t(3)\tFor the purposes of this Act, site contamination does not exist at a site if circumstances of a kind prescribed by regulation apply to the site.\n5C—Responsibility for pollution\nFor the purposes of this Act, the occupier or person in charge of a place or vehicle at or from which a pollutant escapes or is discharged, emitted, deposited or disposed of will be taken to have polluted the environment with the pollutant (but without affecting the liability of any other person in respect of the escape, discharge, emission, depositing or disposal of the pollutant).\n5D—Liability for certain offences from vehicles\n\t(a)\tan activity is carried on—\n\t(i)\tin, at or from a vehicle; or\n\t(ii)\tin connection with the use of a vehicle; and\n\t(b)\tthe activity results in a principal offence,\nthe owner of the vehicle is guilty of an offence against this section and is liable to the same penalty as is prescribed for the principal offence and the expiation fee (if any) that is fixed for the principal offence also applies in relation to the offence against this section.\n\t(2)\tHowever, the owner of a vehicle and the person who committed the principal offence (the alleged principal offender) are not both liable through the operation of this section to be found guilty of, or to expiate, an offence arising out of the same circumstances, and consequently a finding of guilt in relation to, or expiation by, the owner exonerates the alleged principal offender and conversely a finding of guilt in relation to, or expiation by, the alleged principal offender exonerates the owner.\n\t(3)\tAn expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the alleged principal offender, to provide the issuing authority specified in the notice, within the period specified in the notice, with a statutory declaration—\n\t(a)\tsetting out the name and address of the person who the owner believes to have been the alleged principal offender; or\n\t(b)\tif he or she had transferred ownership of the vehicle to another prior to the time of the alleged principal offence and has complied with the Motor Vehicles Act 1959 or the Harbors and Navigation Act 1993 (as the case may require) in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).\n\t(4)\tIf the vehicle is owned by 2 or more persons—\n\t(a)\ta prosecution for an offence against this section may be brought against 1 of the owners or against some or all of the owners jointly as co-defendants; and\n\t(b)\tif the case for the prosecution is proved and a defence is not established, the defendant or each of the defendants who does not establish a defence is liable to be found guilty of an offence against this section.\n\t(5)\tBefore proceedings are commenced against the owner of a vehicle for an offence against this section, the informant must send the owner a notice—\n\t(a)\tsetting out particulars of the alleged principal offence; and\n\t(b)\tinviting the owner, if he or she was not the alleged principal offender or the owner of the vehicle at the time of the alleged principal offence, to provide the informant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (3)(a) and (b).\n\t(6)\tSubsection (5) does not apply to—\n\t(a)\tproceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or\n\t(b)\tproceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the alleged principal offender.\n\t(7)\tSubject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove—\n\t(a)\tthat, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of commission of the alleged principal offence; or\n\t(b)\tthat the owner provided the informant with a statutory declaration in accordance with an invitation under this section.\n\t(8)\tThe defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.\n\t(9)\tIf—\n\t(a)\tan expiation notice is given to a person named as the alleged principal offender in a statutory declaration under this section; or\n\t(b)\tproceedings are commenced against such a person,\nthe notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged principal offender.\n\t(10)\tThe particulars of the statutory declaration provided to the alleged principal offender must not include the address of the person who provided the statutory declaration.\n\t(11)\tIn proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was present in or at the vehicle at the time at which the alleged principal offence was committed.\n\t(12)\tIn proceedings against the owner of a vehicle or the alleged principal offender for an offence against this Act, an allegation in the information that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.\n\t(13)\tFor the purposes of this section, an activity consisting of the disposal of waste or other matter to the environment will be presumed, in the absence of proof to the contrary, to have been carried on in connection with the use of a vehicle if the waste or matter has been disposed of to the environment and the vehicle was seen arriving at the place of disposal before the disposal or leaving that place after the disposal.\n\t(14)\tThis section does not apply in relation to the disposal of waste or other matter by a passenger of a taxi or a train, tram, bus, ferry, passenger ship, or other public transport vehicle, that was being used for a public purpose at the time.\n\t(15)\tIn this section—\nowner of a vehicle—\n\t(a)\tin the case of a vessel within the meaning of the Harbors and Navigation Act 1993, has the same meaning as in section 4(1) of that Act, and includes the operator of the vessel within the meaning of that Act;\n\t(b)\tin the case of a vehicle within the meaning of the Road Traffic Act 1961, has the same meaning as in section 5(1) of that Act, and includes the operator of the vehicle within the meaning of that Act;\nprincipal offence means—\n\t(a)\tan offence against section 34 (contravening a mandatory provision of an environment protection policy); or\n\t(b)\tan offence against—\n\t(i)\tPart 8 Division 2; or\n\t(ii)\tPart 9; or\n\t(c)\tan offence prescribed by regulation.\n6—Act binds Crown\n\t(1)\tThis Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.\n\t(2)\tNo criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.\n7—Interaction with other Acts\n\t(1)\tSubject to this section, this Act is in addition to and does not limit or derogate from the provisions of any other Act.\n\t(2)\tThis Act does not apply to circumstances to which the Environment Protection (Sea Dumping) Act 1984 applies.\n\t(3)\tThis Act is subject to—\n\t(a1)\tthe Electricity Corporations (Restructuring and Disposal) Act 1999; and\n\t(a)\tthe Pulp and Paper Mills Agreement Act 1958; and\n\t(b)\tthe Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) Act 1964; and\n\t(c)\tthe Roxby Downs (Indenture Ratification) Act 1982.\n\t(4)\tThis Act does not apply in relation to—\n\t(a)\tpetroleum exploration activity undertaken under the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982; or\n\t(b)\twastes produced in the course of an activity (not being a prescribed activity of environmental significance) authorised by a lease or licence under the Mining Act 1971, the Petroleum Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982 when produced and disposed of to land and contained within the area of the lease or licence; or\n\t(c)\twastes produced in the course of an activity (not being a prescribed activity of environmental significance) authorised by a lease under the Mining Act 1971 when disposed of to land and contained within the area of a miscellaneous purposes licence under that Act adjacent to the area of the lease.\n8—Civil remedies not affected\nThe provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied.\n9—Territorial and extra-territorial application of Act\n\t(1)\tThis Act extends in application to the coastal waters of the State and the air above and land beneath those waters.\n\t(2)\tWhere—\n\t(a)\ta person causes a pollutant to come within the State or causes environmental harm within the State, by conduct engaged in outside the State; and\n\t(b)\tthe conduct would, if engaged in within the State, constitute a contravention of this Act,\nthe person is liable to a penalty in respect of the contravention as if the conduct were engaged in by the person within the State.\n\t(3)\tFor the purposes of subsection (2)—\n\t(a)\ta reference to the State includes a reference to the coastal waters of the State and the air above and land beneath those waters; and\n\t(b)\ta reference to engaging in conduct includes a reference to failure to act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects of Act","content":"Part 2—Objects of Act\n10—Objects of Act\n\t(1)\tThe objects of this Act are—\n\t(a)\tto promote the following principles (principles of ecologically sustainable development):\n\t(i)\tthat the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being and for their health and safety while—\n\t(A)\tsustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and\n\t(B)\tsafeguarding the life-supporting capacity of air, water, land and ecosystems; and\n\t(C)\tavoiding, remedying or mitigating any adverse effects of activities on the environment;\n\t(ii)\tthat proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement; and\n\t(ab)\tto ensure that all reasonable and practicable measures are taken to protect, restore and enhance the quality of the environment having regard to the principles of ecologically sustainable development and the need for climate change adaptation and climate change mitigation; and\n\t(b)\tin particular, to ensure that, as far as is reasonably practicable, the following measures are taken:\n\t(i)\tto prevent, reduce, minimise and, where practicable, eliminate harm to the environment—\n\t(A)\tby programs to encourage and assist action by industry, public authorities and the community aimed at pollution prevention, clean production and technologies, climate change adaptation, climate change mitigation and resource recovery; and\n\t(AB)\tby programs to encourage and assist industry, public authorities and the community to apply the waste management hierarchy; and\n\t(B)\tby regulating, in an integrated, systematic and cost-effective manner—\n\t•\tactivities, products, substances and services that, through pollution or production of waste, cause environmental harm; and\n\t•\tthe generation, storage, handling, treatment, transfer, transportation, receipt or disposal of waste and other pollutants;\n\t(iaa)\tto promote the circulation of materials through the waste management process and to support a strong market for recovered resources—\n\t(A)\tby programs to encourage and assist industry, public authorities and the community to engage in resource recovery; and\n\t(B)\tby regulating resource recovery; and\n\t(C)\tby regulating the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter; and\n\t(D)\tby preventing the unauthorised stockpiling of waste or other matter;\n\t(ia)\tto establish processes for carrying out assessments of known or suspected site contamination and, if appropriate, remediation of the sites;\n\t(ii)\tto co-ordinate activities, policies and programmes necessary to prevent, reduce, minimise or eliminate environmental harm, address climate change adaptation and climate change mitigation and ensure effective environmental protection, restoration and enhancement;\n\t(iii)\tto facilitate the adoption and implementation of environment protection measures agreed on by the State under intergovernmental arrangements for greater uniformity and effectiveness in environment protection;\n\t(iv)\tto apply a precautionary approach to the assessment of risk of environmental harm and climate change and ensure that all aspects of environmental quality affected by pollution and waste (including ecosystem sustainability and valued environmental attributes) are considered in decisions relating to the environment;\n\t(v)\tto require persons engaged in polluting activities to progressively make environmental improvements (including reduction of pollution and waste at source) as such improvements become practicable through technological and economic developments;\n\t(va)\tto require persons engaged in polluting activities to ensure their facilities and premises are designed or progressively improved so as to limit the risk of environmental harm from those activities in relation to the impacts of a changing climate;\n\t(vi)\tto allocate the costs of environment protection and restoration equitably and in a manner that encourages responsible use of, and reduced harm to, the environment with polluters bearing an appropriate share of the costs that arise from their activities, products, substances and services;\n\t(vii)\tto provide for monitoring and reporting on environmental quality on a regular basis to ensure compliance with statutory requirements and the maintenance of a record of trends in environmental quality;\n\t(viii)\tto provide for reporting on the state of the environment on a periodic basis;\n\t(ix)\tto promote—\n\t(A)\tindustry and community education and involvement in decisions about the protection, restoration and enhancement of the environment; and\n\t(B)\tdisclosure of, and public access to, information about significant environmental incidents and hazards.\n\t(2)\tThe Minister, the Authority and all other administering agencies and persons involved in the administration of this Act must have regard to, and seek to further, the objects of this Act.\n10A—Matters to be taken into account in relation to specially protected areas\nThe Minister, the Authority and all other bodies and persons involved in the administration of this Act must, if taking any action under this Act within or in relation to—\n\t(a)\tany part of the Adelaide Dolphin Sanctuary within the meaning of the Adelaide Dolphin Sanctuary Act 2005—\n\t(i)\tseek to further the objects and objectives of that Act; and\n\t(ii)\ttake into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under that Act; or\n\t(b)\tany part of a marine park within the meaning of the Marine Parks Act 2007—\n\t(i)\tseek to further the objects of that Act; and\n\t(ii)\ttake into account the provisions of the management plan for the marine park under that Act; or\n\t(c)\tany part of the Murray‑Darling Basin within the meaning of the Murray-Darling Basin Act 1993—\n\t(i)\tseek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act (insofar as they may be relevant); and\n\t(ii)\ttake into account the provisions of the River Murray Implementation Strategy under that Act.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administering agencies, conferences and the Fund","content":"Part 3—Administering agencies, conferences and the Fund\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Environment Protection Authority","content":"Division 1—Environment Protection Authority\n11—Establishment of Authority\n\t(1)\tThe Environment Protection Authority is established.\n\t(2)\tThe Authority—\n\t(a)\tis a body corporate with perpetual succession and a common seal; and\n\t(b)\tis capable of suing and being sued in its corporate name; and\n\t(c)\tis capable of acquiring, holding or dealing with real or personal property in its corporate name; and\n\t(d)\thas the functions and powers assigned or conferred under this Act.\n\t(3)\tThe Authority is an instrumentality of the Crown and holds its property on behalf of the Crown.\n\t(4)\tIn the exercise of its powers, functions or duties, the Authority is subject to the direction of the Minister except in relation to—\n\t(a)\tthe making of a recommendation or report to the Minister; or\n\t(b)\tthe performance of its functions under Part 6 or Part 6A; or\n\t(c)\tthe enforcement of this Act.\n\t(5)\tAny direction given to the Authority by the Minister must be in writing.\n13—Functions of Authority\n\t(1)\tThe Authority has the following functions:\n\t(a)\tto prepare draft environment protection policies;\n\t(b)\tto conduct regular reviews of environment protection policies, regulations and other measures and practices under this Act to ensure that they are adequate and effective to secure the objects of this Act;\n\t(c)\tto contribute to the development of national environment protection measures and ensure their effective application in this State;\n\t(d)\tto facilitate the pursuit of the objects of this Act by Commonwealth, State and local government bodies, the private sector and the public;\n\t(e)\tto authorise activities of environmental significance through an authorisation system aimed at the control and minimisation of pollution and waste;\n\t(f)\tto conduct investigations for the purpose of assessing compliance with this Act or conditions of licences or other authorisations under this Act;\n\t(g)\tto institute or supervise environmental monitoring and evaluation programmes;\n\t(h)\tto provide advice and assistance in relation to the development and implementation of best environmental management practices and for that purpose encourage and, where necessary, undertake or require environmental audits, emergency planning, environment improvement programmes, environment performance agreements, and similar measures;\n\t(i)\tto conduct and promote programmes and projects for the protection, restoration or enhancement of the environment;\n\t(j)\tto provide advice to the Minister in relation to the administration and enforcement of this Act and in relation to other legislation that has, or may have, an impact on the environment;\n\t(k)\tto administer and enforce this Act and perform any other functions assigned to the Authority by or under any other Act.\n\t(2)\tIn performing its functions, the Authority should consult—\n\t(a)\twith other agencies of the State, agencies of the Commonwealth and of the other States and Territories of the Commonwealth, and intergovernmental agencies, that have functions corresponding to those of the Authority; and\n\t(b)\twith local government and relevant industry, environment and community organisations.\n14—Powers of Authority\nThe Authority may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions and in particular may—\n\t(a)\tobtain expert or technical advice from a person on such terms and conditions as the Authority thinks fit; and\n\t(b)\twith the approval of a Minister administering an administrative unit, make use of the services of the administrative unit's employees and of its facilities; and\n\t(c)\twith the approval of a council, make use of the services of officers or employees of that council.\n14A—Chief Executive\n\t(a)\tin accordance with section 14(b), the Authority makes use of the services of an administrative unit's employees and of its facilities; and\n\t(b)\tthe Minister administering that administrative unit approves the application of this section to the position of chief executive of that administrative unit,\nthe person for the time being holding or acting in the position of chief executive of that administrative unit will be taken to be the Chief Executive of the Authority for the purposes of this Act. \n\t(2)\tThe Chief Executive is, subject to the control and direction of the Board, responsible for giving effect to the policies and decisions of the Board.\n14B—Board of Authority\n\t(1)\tThe Board of the Environment Protection Authority is established as the governing body of the Authority.\n\t(2)\tThe Board is to consist of not less than seven and not more than nine members appointed by the Governor.\n\t(3)\tThe Chief Executive of the Authority is a member of the Board ex officio.\n\t(3a)\t1 of the appointed members of the Board will be appointed by the Governor to be the presiding member of the Board.\n\t(3b)\t1 of the appointed members of the Board may be appointed by the Governor to be the deputy presiding member of the Board.\n\t(4)\tThe Minister must consult with prescribed bodies, in accordance with the regulations, in relation to the selection of persons for appointment under this section.\n\t(5)\tThe Board's membership must include persons who together have, in the Governor's opinion, the following attributes:\n\t(a)\tqualifications and experience relevant to environmental protection and management or natural resources management;\n\t(b)\tpractical knowledge of, and experience in, industry, commerce or economic development;\n\t(c)\tpractical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community;\n\t(ca)\tpractical knowledge of, and experience in, climate change adaptation and climate change mitigation;\n\t(d)\tpractical knowledge of, and experience in, the reduction, re-use, recycling and management of waste or the environmental management industry;\n\t(e)\tlegal qualifications and experience in environmental law;\n\t(f)\tqualifications and experience relevant to management generally and public sector management;\n\t(g)\tpractical knowledge of, and experience in, local government.\n\t(6)\tAt least one member of the Board must be a woman and one a man.\n\t(8)\tThe Governor may appoint a suitable person to be deputy of a member of the Board (other than the Chief Executive) and a person so appointed may act as a member of the Board during any period of absence of the member.\n15—Terms and conditions of office\n\t(2)\tAn appointed member of the Board is to be appointed for a term, not exceeding 3 years, specified in the instrument of appointment and is, on the expiration of a term of office, eligible for re-appointment.\n\t(3)\tAn appointed member of the Board is entitled to such remuneration, allowances and expenses as may be determined by the Governor.\n\t(4)\tThe Governor may remove an appointed member of the Board from office for—\n\t(a)\tmisconduct; or\n\t(b)\tneglect of duty; or\n\t(c)\tincapacity to carry out satisfactorily the duties of his or her office; or\n\t(d)\tfailure to carry out satisfactorily the duties of his or her office.\n\t(5)\tAn appointed member of the Board neglects his or her duty if the member fails to attend three consecutive meetings without the leave of the Board.\n\t(6)\tThe office of an appointed member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed from office by the Governor under subsection (4).\n\t(7)\tOn the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n16—Proceedings of Board\n\t(1)\tThe Board must meet at least 11 times in each calendar year or more frequently where necessary for the performance of its functions.\n\t(2)\tThe presiding member will preside at each meeting of the Board at which he or she is present.\n\t(2a)\tIf the presiding member is absent from a meeting of the Board—\n\t(a)\tif a member appointed as deputy presiding member is present—that member will preside; or\n\t(b)\tin any other case—an appointed member of the Board chosen by the members present at the meeting will preside.\n\t(3)\tA quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one.\n\t(4)\tSubject to subsection (3), the Board may act notwithstanding vacancies in its membership or a defect in appointment of a member.\n\t(5)\tA decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board.\n\t(6)\tEach appointed member present at a meeting of the Board has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(6a)\tThe Chief Executive of the Authority is not entitled to vote at a meeting of the Board.\n\t(7)\tA telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present.\n\t(8)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members express their concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission or other written communication setting out the terms of the resolution.\n\t(9)\tThe Board must have accurate minutes kept of its proceedings and make them available to all members of the Board.\n\t(10)\tA person who is not a member of the Board may be present during a meeting with the consent of the Board but not otherwise.\n\t(11)\tSubject to this Act, the Board may determine its own procedures.\n17—Board may establish committees and subcommittees\n\t(1)\tThe Board—\n\t(a)\tmust establish the committees or subcommittees required by the regulations; and\n\t(b)\tmay establish such other committees or subcommittees as the Board thinks fit,\nto advise the Authority on any aspect of its functions, or to assist the Authority in the performance of its functions.\n\t(2)\tA committee or subcommittee established under subsection (1) will consist of such persons as the Board thinks fit and may, but need not, consist of, or include, members of the Board.\n\t(3)\tThe procedures to be observed in relation to the conduct of business of a committee or a subcommittee of the Board will be—\n\t(a)\tas prescribed by regulation; or\n\t(b)\tinsofar as the procedure is not prescribed by regulation—as determined by the Board; or\n\t(c)\tinsofar as the procedure is not prescribed by regulation or determined by the Board—as determined by the relevant committee or subcommittee.\n\t(4)\tThe Public Sector (Honesty and Accountability) Act 1995 applies to the members of a committee or subcommittee as if the committee or subcommittee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister.\n","sortOrder":3},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Administering agencies","content":"Division 1A—Administering agencies\n18A—Administering agencies\n\t(1)\tThe following bodies are, in addition to the Authority, administering agencies for the purposes of this Act:\n\t(a)\tcouncils declared to be administering agencies by the Minister by notice in the Gazette;\n\t(b)\tany other public authorities prescribed by regulation as administering agencies.\n\t(2)\tThe Minister may only declare a council to be an administering agency at the request of the council.\n\t(3)\tThe Minister may, if the Minister thinks fit after consultation with the council, and must at the request of the council, by subsequent notice in the Gazette, declare that a council that is an administering agency will cease to be an administering agency on a day specified in the notice.\n18B—Powers and functions of administering agencies\n\t(1)\tAn administering agency that is a council has the function of administering and enforcing this Act in relation to activities in its area other than—\n\t(a)\tprescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance;\n\t(b)\tactivities undertaken by the Crown, the council or another public authority or a prescribed person or body;\n\t(c)\tany other activities prescribed by regulation for the purposes of this subsection.\n\t(2)\tAn administering agency, other than the Authority or a council, has the function of administering and enforcing this Act in relation to activities prescribed by regulation (subject to any conditions specified in the regulations) other than prescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance.\n\t(3)\tThe conferral of a function on an administering agency under subsection (1) or (2) is not to be taken to limit or affect the performance of that function by the Authority.\n\t(4)\tA reference in this Act to an administering agency is, in relation to an administering agency other than the Authority, a reference to the administering agency only in relation to functions conferred on the administering agency under this section.\n18C—Delegation\n\t(1)\tAn administering agency, other than the Authority, may, by instrument executed by the administering agency, delegate a function conferred on the administering agency under this Division to—\n\t(a)\ta committee of the administering agency; or\n\t(b)\ta subsidiary of the administering agency; or\n\t(c)\tan employee of the administering agency; or\n\t(d)\tthe employee of the administering agency for the time being occupying a particular office or position; or\n\t(e)\tan authorised officer.\n\t(2)\tA delegation under this section may be given subject to conditions specified in the instrument of delegation.\n\t(3)\tA delegation under this section is revocable at will and does not prevent the administering agency from acting in any matter.\n18D—Reports by administering agencies\nAn administering agency must report to the Authority, at such intervals as the Authority requires, on the performance by the administering agency of functions conferred on the administering agency under this Division.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Round-table conference","content":"Division 2—Round-table conference\n19—Round-table conference\n\t(1)\tThe Authority must hold round‑table conferences in accordance with this section for the purpose of assisting the Authority and the Minister to assess the views of interested bodies and persons on such matters related to—\n\t(a)\tthe operation of this Act; or\n\t(b)\tthe protection, restoration or enhancement of the environment within the scope of this Act,\nas the Authority may determine.\n\t(1a)\tRound‑table conferences are to be held at such intervals as the Authority may determine.\n\t(2)\tThe Authority must endeavour to ensure that those persons invited by the Authority to attend a round-table conference represent a wide range of interests and expertise in relation to the matters to be considered and include representatives of the community, industry and relevant environmental and professional organisations.\n\t(3)\tSubject to this section, round-table conferences will—\n\t(a)\tbe held at such times; and\n\t(b)\tconsist of such number of persons; and\n\t(c)\tbe conducted according to such procedures,\nas the Authority may determine.\n\t(4)\tThe Chief Executive of the Authority or, if the Chief Executive is unable to attend, a member of the Board must be present at a round-table conference.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Environment Protection Fund","content":"Division 3—Environment Protection Fund\n24—Environment Protection Fund\n\t(1)\tThe Environment Protection Fund is established.\n\t(2)\tThe Fund must be kept as directed by the Treasurer.\n\t(3)\tThe Fund is to consist of the following money:\n\t(a)\tthe prescribed percentage of fees (other than expiation fees) paid under this Act;\n\t(b)\texpiation fees and the prescribed percentage of penalties recovered in respect of offences against this Act (other than expiation fees or penalties to which a council is entitled);\n\t(ba)\tthe prescribed percentage of amounts recovered by the Authority, by negotiation or as a result of civil proceedings, in respect of a contravention of this Act;\n\t(c)\tany money required to be paid into the Fund by way of a financial assurance under Division 5 of Part 6;\n\t(d)\tany amount paid to the Authority, or the value of anything forfeited to the Authority, as a result of exercise of the power of seizure under Division 1 of Part 10;\n\t(e)\tthe prescribed percentage of money paid to the Authority by way of a levy under Part 15;\n\t(ea)\tany amount paid to the Authority that is required under Part 15 to be paid into the Fund;\n\t(f)\tany money appropriated by Parliament for the purposes of the Fund;\n\t(g)\tany money paid into the Fund at the direction or with the approval of the Minister and the Treasurer;\n\t(h)\tany money received by way of grant, gift or bequest for the purposes of the Fund;\n\t(i)\tany income from investment of money belonging to the Fund;\n\t(j)\tany money paid into the Fund under any other Act.\n\t(4)\tThe Fund may be applied by the Minister or by the Authority with the approval of the Minister (without further appropriation than this subsection)—\n\t(a)\tin making any payment required in connection with a financial assurance under Division 5 of Part 6; or\n\t(b)\tin making any payment required by the terms of an environment performance agreement under Part 7; or\n\t(c)\tin making payments for or towards the cost of action taken to deal with an environmental emergency or its effects; or\n\t(d)\tfor the purposes of education and training programmes in relation to the protection, restoration or enhancement of the environment; or\n\t(e)\tfor the purposes of any investigations, research, pilot programmes or other projects relating to the protection, restoration or enhancement of the environment; or\n\t(f)\ttowards the costs of administration of this Act.\n\t(6)\tThe Authority may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer.\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"General environmental duty","content":"Part 4—General environmental duty\n25—General environmental duty\n\t(1)\tA person must not undertake an activity that pollutes, or might pollute, the environment unless the person takes all reasonable and practicable measures to prevent or minimise any resulting environmental harm.\n\t(2)\tIn determining what measures are required to be taken under subsection (1), regard is to be had, amongst other things, to—\n\t(a)\tthe nature of the pollution or potential pollution and the sensitivity of the receiving environment; and\n\t(b)\tthe financial implications of the various measures that might be taken as those implications relate to the class of persons undertaking activities of the same or a similar kind; and\n\t(c)\tthe current state of technical knowledge and likelihood of successful application of the various measures that might be taken.\n\t(3)\tIn any proceedings (civil or criminal), where it is alleged that a person failed to comply with the duty under this section by polluting the environment, it will be a defence—\n\t(i)\tmaximum pollution levels were fixed for the particular pollutant and form of pollution concerned by mandatory provisions of an environment protection policy or conditions of an environmental authorisation held by the person, or both; and\n\t(ii)\tit is proved that the person did not by so polluting the environment contravene the mandatory provisions or conditions; or\n\t(i)\tan environment protection policy or conditions of an environmental authorisation provided that compliance with specified provisions of the policy or with specified conditions of the authorisation would satisfy the duty under this section in relation to the form of pollution concerned; and\n\t(ii)\tit is proved that the person complied with the provisions or with such conditions of an environmental authorisation held by the person.\n\t(4)\tFailure to comply with the duty under this section does not of itself constitute an offence, but—\n\t(a)\tcompliance with the duty may be enforced by the issuing of an environment protection order; and\n\t(b)\ta clean-up order or clean-up authorisation may be issued, or an order may be made by the Environment, Resources and Development Court under Part 11, in respect of non-compliance with the duty; and\n\t(c)\tfailure to comply with the duty will be taken to be a contravention of this Act for the purposes of section 135.\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"Environment protection policies","content":"Part 5—Environment protection policies\nDivision 1—General\n26—Interpretation\nIn this Division—\n\t(a)\ta reference to a draft environment protection policy includes a reference to a draft amendment to, or a draft revocation of, an environment protection policy previously made under this Division;\n\t(b)\ta reference to an environment protection policy includes a reference to an amendment to, or a revocation of, an environment protection policy previously made under this Division.\n27—Nature and contents of environment protection policies\n\t(1)\tEnvironment protection policies may be made as contemplated by this Act or for any purpose directed towards securing the objects of this Act.\n\t(2)\tAn environment protection policy may do one or more of the following according to its terms:\n\t(a)\tset out matters to be taken into account by the Authority—\n\t(i)\tin determining matters required to be determined by the Authority under Part 6 in relation to environmental authorisations or applications for environmental authorisations;\n\t(ii)\tin determining matters required to be determined by the Authority under Part 6 in relation to applications for development authorisations referred to the Authority under the Planning, Development and Infrastructure Act 2016;\n\t(b)\tset out matters to be taken into account by the Authority or another administering agency in determining any specified matters required to be determined by the Authority or another administering agency for the purposes of this Act;\n\t(c)\tset out requirements, standards, goals and guidelines;\n\t(d)\tspecify that certain requirements or standards (mandatory provisions) are to be enforceable under Division 2.\n\t(3)\tWhere an environment protection policy contains a mandatory provision, the policy—\n\t(a)\tmust declare whether contravention of the mandatory provision will be a category A, B, C, D or E offence for the purposes of Division 2; and\n\t(b)\tmay contain provisions that—\n\t(i)\tprevent the granting of an exemption under Part 6 from compliance with the mandatory provision; or\n\t(ii)\tspecify the circumstances in which such an exemption may be granted or the conditions that must be attached to it, or both.\n\t(4)\tThe provisions of an environment protection policy may—\n\t(a)\tbe of general application or limited application;\n\t(b)\tmake different provisions according to the matters or circumstances to which they are expressed to apply;\n\t(c)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a body specified in the policy, as in force from time to time or as in force at a specified time;\n\t(d)\tprovide that a matter or thing is to be determined according to the discretion of the Authority, another administering agency, an authorised officer or a prescribed person or body.\n\t(5)\tIf an environment protection policy refers to a code, standard or other document, the code, standard or other document has effect as if it formed part of the policy.\n\t(6)\tCopies of each environment protection policy and of each code, standard or other document referred to in an environment protection policy must be kept available for inspection by the public, without charge and during ordinary office hours, at an office or offices specified in the regulations.\n\t(7)\tIn any legal proceedings, evidence of the contents of an environment protection policy or of a code, standard or other document referred to in an environment protection policy may be given by production of a document certified by the Authority as a true copy of the policy, code, standard or other document.\n28—Normal procedure for making policies\n\t(1)\tThis section sets out the normal procedure to be followed in making environment protection policies.\n\t(2)\tThe Authority may prepare draft environment protection policies.\n\t(3)\tBefore commencing to prepare a draft environment protection policy, the Authority—\n\t(a)\tmust consult with the Minister in relation to the general purpose and intended effect of the proposed policy; and\n\t(b)\tafter consulting with the Minister—\n\t(i)\tmust publish in the Gazette a notice of its intention to prepare the draft policy that includes a description of the general purpose of the proposed policy; and\n\t(ii)\tmust also publish a copy of the notice—\n\t(A)\ton a website determined by the Authority; or\n\t(B)\tin a newspaper circulating generally in the State,\n(or both).\n\t(3a)\tWhere a committee or subcommittee of the Board is established under this Act to advise the Authority in relation to the preparation or contents of a draft environment protection policy, the Authority must obtain and consider the advice of the committee or subcommittee in relation to the policy.\n\t(4)\tThe Authority must, when it has prepared a draft environment protection policy, prepare a report containing—\n\t(a)\tan explanation of the purpose and effect of the draft policy; and\n\t(b)\ta summary of any background and issues relevant to the draft policy and of the analysis and reasoning applied in formulating the policy.\n\t(5)\tThe Authority must, after preparation of the draft policy and related report, refer that policy and report—\n\t(a)\tto any body prescribed for the purposes of this section; and\n\t(b)\tto any public authority whose area of responsibility is, in the opinion of the Authority, particularly affected by the policy.\n\t(6)\tThe Authority must also, after preparation of the draft policy and related report, cause an advertisement to be published in the Gazette and in a newspaper circulating generally in the State—\n\t(a)\tgiving notice of places at which the draft policy and the report, or copies of the draft policy and the report, are to be available for inspection and, if copies are to be available for purchase, of places at which copies may be purchased; and\n\t(b)\tinviting interested persons to make written submissions in relation to the draft policy within a period specified in the advertisement (being not less than two months from the date of publication of the advertisement); and\n\t(c)\tstating that the submissions will be available for inspection by interested persons as provided by subsection (8); and\n\t(d)\tstating that the Authority's response to any submissions will be available for inspection by interested persons as provided by subsection (9); and\n\t(e)\tappointing a place and time at which a public information session will be held by the Authority in relation to the draft policy.\n\t(8)\tWhere written submissions are made in response to an advertisement published under subsection (6), a copy of those submissions must be made available for inspection by interested persons during ordinary business hours at the principal office of the Authority from the end of the period specified for the making of submissions until the Authority reports to the Minister on the draft policy under subsection (11).\n\t(9)\tWhere written submissions are made in response to a draft policy, the Authority must, as soon as is reasonably practicable after the end of the period specified for the making of submissions, prepare a response to the submissions and make the response available for inspection by interested persons during ordinary business hours at the principal office of the Authority until the Authority reports to the Minister on the draft policy under subsection (11).\n\t(11)\tThe Authority must then report to the Minister and the Minister may, after taking into account the report and any recommendations of the Authority on the matter—\n\t(a)\tapprove the draft policy; or\n\t(b)\talter the draft policy and approve the draft policy as altered; or\n\t(c)\tdecline to approve the draft policy.\n\t(12)\tA draft policy approved by the Minister under subsection (11) may be referred to the Governor and the Governor may, by notice in the Gazette—\n\t(a)\tdeclare the draft to be an authorised environment protection policy under this Act; and\n\t(b)\tfix a day on which it will come into operation.\n29—Simplified procedure for making certain policies\n\t(1)\tWhere the Minister is satisfied that a draft environment protection policy refers to or incorporates without substantial modification the whole or part of a standard or other document prepared by a body prescribed for the purposes of this section—\n\t(a)\tthe normal procedure for making environment protection policies does not apply in relation to the draft policy; and\n\t(b)\tthe Minister may refer the draft policy directly to the Governor.\n\t(1a)\tWhere a national environment protection measure has been made, amended or revoked or has expired—\n\t(a)\tthe normal procedure for making environment protection policies under this Division does not apply in relation to—\n\t(i)\ta draft environment protection policy to implement the national environment protection measure or the amendment, revocation or expiry; or\n\t(ii)\ta draft environment protection policy that amends or revokes another environment protection policy as the Minister considers necessary or desirable in consequence of implementation of the national environment protection measure or the amendment, revocation or expiry; and\n\t(b)\tthe Minister may refer a draft policy referred to in paragraph (a) directly to the Governor.\n\t(1b)\tFor the purposes of subsection (1a), a draft environment protection policy will be taken to implement a national environment protection measure despite the fact that it includes provisions that are not included in or required by the measure if the Minister is satisfied that the provisions relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary for the application of the policy in this jurisdiction.\n\t(2)\tThe Governor may, on reference of a draft policy under this section, by notice in the Gazette—\n\t(a)\tdeclare the draft to be an authorised environment protection policy under this Act; and\n\t(b)\tfix a day on which it will come into operation.\n30—Reference of policies to Parliament\n\t(1)\tWhen the Governor declares a draft environment protection policy to be an authorised environment protection policy under this Act, the Minister must—\n\t(a)\twithin 14 days, refer the policy to the Environment, Resources and Development Committee of the Parliament; and\n\t(b)\twithin 14 sitting days, cause the policy to be laid before both Houses of Parliament.\n\t(2)\tIf the Environment, Resources and Development Committee, after receipt of the policy under subsection (1), resolves to suggest an amendment to the policy, the Governor may, on the recommendation of the Minister, by notice in the Gazette, proceed to make such an amendment.\n\t(3)\tIf either House of Parliament passes a resolution disallowing the policy, the policy ceases to have effect.\n\t(4)\tIf an amendment suggested by resolution under subsection (2) has been made to the policy by the Governor under that subsection, a resolution may nevertheless be passed under subsection (3) disallowing the policy as amended.\n\t(5)\tA resolution is not effective for the purposes of subsection (3) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the policy was laid before the House.\n\t(6)\tWhere a policy that revokes the whole or part of another policy is disallowed, the policy or part sought to be revoked revives.\n\t(7)\tWhere a policy is disallowed by resolution of either House, notice of the resolution must forthwith be published in the Gazette.\n31—Interim policies\n\t(1)\tIf the Governor is of the opinion that it is necessary for the proper administration of this Act that a draft environment protection policy should come into operation without delay, the Governor may declare, by notice in the Gazette, that the policy will come into operation on an interim basis on a day specified in the notice (being the day of publication in the Gazette of an advertisement concerning the draft policy and related report in accordance with the normal procedure, or any later day).\n\t(2)\tWhere a notice has been published under subsection (1), the policy comes into operation on the day specified in the notice.\n\t(3)\tThe Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter and cause copies of the report to be laid before both Houses of Parliament.\n\t(4)\tA policy that has come into operation under this section ceases to operate—\n\t(a)\tif the Governor, by notice published in the Gazette, terminates the operation of the policy; or\n\t(b)\tif either House of Parliament passes a resolution disallowing the policy after copies of the policy have been laid before both Houses of Parliament in accordance with the normal procedure; or\n\t(c)\tif the policy has not been authorised by the Governor in accordance with the normal procedure within 12 months from the day on which it came into operation; or\n\t(d)\tif the policy is superseded by another policy that comes into operation under this Division.\n\t(5)\tIf a policy ceases to operate by virtue of subsection (4)(b) or (c), notice of the cessation must forthwith be published in the Gazette.\n\t(6)\tIf a policy that revokes the whole or part of another policy ceases to operate by virtue of subsection (4)(a), (b), or (c), the policy or part sought to be revoked revives.\n32—Certain amendments may be made by Gazette notice only\n\t(1)\tThe Minister may, by notice in the Gazette, amend an environment protection policy—\n\t(a)\tin order to correct an error in the policy; or\n\t(b)\tin order to make a change of form (not involving a change of substance) in the policy; or\n\t(ba)\tif the Minister considers it necessary to amend the policy in consequence of—\n\t(i)\tan amendment to this Act or the making, variation or revocation of regulations under this Act or the making, amendment or revocation of another environment protection policy; or\n\t(ii)\tthe commencement or amendment of a prescribed Act; or\n\t(c)\tif the policy itself or the regulations provide that a change of a specified kind may be made to the policy by amendment under this section—in order to make a change of that kind.\n\t(2)\tAn amendment under this section comes into operation on the day fixed in the notice of the amendment.\nDivision 2—Contravention of mandatory provisions\n34—Offence to contravene mandatory provisions of policy\n\t(1)\tA person who intentionally or recklessly contravenes a mandatory provision of an environment protection policy is guilty of an offence.\n\t(a)\tfor a category A offence—\n\t(i)\tin the case of a body corporate—$250 000;\n\t(ii)\tin the case of a natural person—$120 000 or imprisonment for 2 years, or both;\n\t(b)\tfor a category B, C, D or E offence—$30 000.\n\t(2)\tA person who contravenes a mandatory provision of an environment protection policy is guilty of an offence.\n\t(a)\tfor a category A offence—\n\t(i)\tin the case of a body corporate—$150 000;\n\t(ii)\tin the case of a natural person—$60 000;\n\t(b)\tfor a category B offence—$4 000;\n\t(c)\tfor a category C offence—$2 000;\n\t(d)\tfor a category D offence—$500;\n\t(e)\tfor a category E offence—$100.\n\t(a)\tfor a category B offence—$300;\n\t(b)\tfor a category C offence—$200;\n\t(c)\tfor a category D offence—$100;\n\t(d)\tfor a category E offence—$50.\n\t(3)\tFor the purposes of this section, contravention of a mandatory provision of an environment protection policy is a category A, B, C, D or E offence if the policy declares that such contravention will be an offence of that category.\n\t(4)\tIf in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"Environmental authorisations and development authorisations","content":"Part 6—Environmental authorisations and development authorisations\nDivision 1—Requirement for works approval\n35—Requirement for works approval\n\t(1)\tSubject to this section, a person must not carry out works for—\n\t(a)\tthe construction or alteration of a building or structure for use for a prescribed activity of environmental significance; or\n\t(b)\tthe installation or alteration of any plant or equipment for use for a prescribed activity of environmental significance,\nexcept as authorised by an environmental authorisation in the form of a works approval under this Part.\n\t(2)\tA works approval is not required under subsection (1) for—\n\t(a)\tworks in respect of a building, structure, plant or equipment for use for an activity that is authorised by a licence under this Part; or\n\t(b)\tworks for which development authorisation is required under the Planning, Development and Infrastructure Act 2016.\nDivision 2—Requirement for licence\n36—Requirement for licence\n\t(1)\tA person must not undertake a prescribed activity of environmental significance except as authorised by an environmental authorisation in the form of a licence under this Part.\n\t(2)\tThe Authority may, by notice in writing, exempt a person undertaking a prescribed activity of environmental significance from subsection (1) if the Authority is satisfied that—\n\t(a)\tanother person who is principally responsible for the activity will be authorised in accordance with that subsection to undertake the activity; and\n\t(b)\tthe activity can be properly regulated through the authorisation granted to that other person.\n\t(3)\tThe Authority may, by notice in writing, revoke an exemption under subsection (2).\n\t(4)\tThe subsequent Divisions of this Part do not apply to an exemption under subsection (2).\nDivision 3—Exemptions\n37—Exemptions\nSubject to this Act, a person may obtain an environmental authorisation in the form of an exemption exempting the person from the application of a specified provision of this Act in respect of a specified activity.\n","sortOrder":9},{"sectionNumber":"Div 4","sectionType":"division","heading":"Grant, renewal, conditions and transfer of environmental authorisations","content":"Division 4—Grant, renewal, conditions and transfer of environmental authorisations\n38—Applications for environmental authorisations\n\t(1)\tAn application for an environmental authorisation must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed application fee.\n\t(2)\tThe Authority may, as it considers appropriate, accept a single application from an applicant in respect of different activities of the applicant or activities of the applicant at different locations or may require separate applications.\n\t(3)\tAn application for an exemption may be combined with an application for some other environmental authorisation.\n\t(4)\tWhere the Authority requires further information to determine the application, the Authority may, by notice in writing served on the applicant no later than two months after the application is made, require the applicant to furnish further specified information in writing.\n\t(5)\tWhere further information is required in respect of an application, the application is to be taken not to have been duly made until the information is furnished as required by the Authority.\n39—Notice and submissions in respect of applications for environmental authorisations\n\t(1)\tSubject to this section, the Authority must, on receipt of an application for the grant of an environmental authorisation—\n\t(a)\tcause public notice of the application to be published inviting interested persons to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days from the date on which the notice was published); and\n\t(b)\tif the application relates to an activity that is to be undertaken on a particular piece of land—cause notice of the application to be given to the owner or occupier of each piece of adjacent land, inviting the owner or occupier to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the owner or occupier).\n\t(1aa)\tFor the purposes of subsection (1)(a), public notice of the application may be published—\n\t(a)\ton a website determined by the Authority; or\n\t(b)\tin a newspaper circulating generally in the State,\n(or both).\n\t(1a)\tThe Authority must, on receipt of an application for an environmental authorisation that would authorise an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, give notice of the application to the authority under that Act to whom an application for a permit for that activity would otherwise have to be made inviting the authority to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days after the notice is given to the authority).\n\t(1b)\tSubsection (1a) does not apply in relation to an activity—\n\t(a)\tto which section 64(1a) applies; or\n\t(b)\tthat is development for the purposes of the Planning, Development and Infrastructure Act 2016 and that is authorised by a development authorisation under that Act.\n\t(2)\tThe Authority must, if it considers it appropriate in the circumstances, cause the public notice to be published, in addition, in a local newspaper circulating in the area in which activity would be undertaken pursuant to the environmental authorisation if it were granted.\n\t(3)\tSubsection (1) does not apply in relation to—\n\t(aa)\tan application for an exemption from the application of a provision of an environment protection policy if the environment protection policy provides that subsection (1) does not apply in relation to such applications; or\n\t(b)\tan application for a licence to conduct a waste transport business.\n\t(4)\tNotice is not required to be given to an owner or occupier of adjacent land under subsection (1)(b) in circumstances prescribed by regulation.\n\t(5)\tWhere written submissions are made in response to a notice published or given under this section, the Authority must forward a copy of the submissions to the applicant and allow the applicant an opportunity to respond, in writing, to the submissions within a period specified by the Authority.\n\t(6)\tA notice to be given to the owner or occupier of adjacent land under subsection (1)(b) may be given by addressing it to the \"owner or occupier\" and posting it to, or leaving it at, the adjacent land.\n\t(7)\tIn this section—\nadjacent land, in relation to other land, means land—\n\t(a)\tthat abuts on the other land; or\n\t(b)\tthat is no more than 60 metres from the other land and is directly separated from the other land only by—\n\t(i)\ta road, street, footpath, railway or thoroughfare; or\n\t(ii)\ta watercourse; or\n\t(iii)\ta reserve or other similar open space.\n40—Grant of environmental authorisations\n\t(1)\tSubject to this Act, the Authority may grant an environmental authorisation to a person who has made due application for the authorisation and paid the authorisation fee prescribed or determined under the regulations.\n\t(2)\tThe Authority must, by notice in writing served on the applicant, advise the applicant of its decision on the application and, in the case of a decision refusing a works approval or licence, state in the notice the reasons for the refusal.\n\t(3)\tWhere the Authority grants an exemption under this Part, the Authority must forthwith cause notice of the exemption to be published in the Gazette.\n41—Authorisations may be held jointly\n\t(1)\tAn environmental authorisation may be held jointly by two or more persons.\n\t(2)\tWhere an environmental authorisation is held jointly by two or more persons, those persons are jointly and severally liable where any civil or criminal liability attaches to the holder of the authorisation under this Act.\n42—Time limit for determination of applications\n\t(1)\tIf the Authority has not advised an applicant for an authorisation of its decision on the application within the prescribed period after the application is made, the applicant may, after giving 14 days notice in writing to the Authority, apply to the Environment, Resources and Development Court for an order requiring the Authority to make its decision on the application within a time fixed by the Court.\n\t(2)\tIf an application for an authorisation involves an activity that requires a related approval under the Planning, Development and Infrastructure Act 2016 and that approval has not been obtained at the time that the application is made under this Act, the time period under subsection (1) will not commence until approval is obtained under the Planning, Development and Infrastructure Act 2016.\n\t(3)\tIf an application for an authorisation involves an activity for which a financial assurance under section 51 is required and the financial assurance has not been obtained at the time that the application is made under this Act, the time period under subsection (1) will not commence until the Authority receives the prescribed details in relation to the financial assurance.\n43—Term and renewal of environmental authorisations\n\t(1)\tSubject to this Act, an environmental authorisation remains in force for a term determined by the Authority and specified in the authorisation on its grant or renewal.\n\t(2)\tAn application for the renewal of an environmental authorisation must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed application fee.\n\t(3)\tAn application for renewal must be made not less than the prescribed number of days before the date of expiry of the environmental authorisation.\n\t(4)\tThe Authority may, in its discretion, grant a late application for renewal provided that the applicant pays the prescribed late application fee.\n\t(4a)\tBefore determining an application for renewal, the Authority may, by notice in writing served on an applicant, require the applicant—\n\t(a)\tto undertake public consultation in relation to the application, in accordance with requirements specified in the notice; and\n\t(b)\tto report to the Authority, at a time and in a manner specified in the notice, on the results of the consultation.\n\t(5)\tSubject to any condition of the authorisation excluding or limiting the right of renewal under this section and to the applicant complying with any notice under subsection (4a), an environmental authorisation must be renewed by the Authority on due application under this section and payment of the authorisation fee prescribed or determined under the regulations.\n\t(6)\tThe Authority may, of its own initiative and without application by the holder of an environmental authorisation, renew the authorisation if the Authority is satisfied that it is necessary or appropriate for the protection or restoration of the environment that the holder of the authorisation be bound by conditions of an authorisation (and may do so notwithstanding that the activity undertaken pursuant to the authorisation has ceased but only if the activity ceases after the commencement of this subsection).\n\t(7)\tThe Authority may renew an authorisation on a late application or under subsection (6) despite the fact that the authorisation has expired and, in that event, the renewal has effect from the end of the term for which the authorisation was previously granted or renewed.\n44—Applicants may lodge proposed environment improvement programmes\n\t(1)\tSubject to this section, an applicant under this Part may lodge with the Authority a proposed environment improvement programme to be carried out by the applicant.\n\t(2)\tA proposed environment improvement programme may—\n\t(a)\tbe lodged in association with an application for—\n\t(i)\tan exemption from compliance with the general environmental duty under Part 4 in relation to a specified activity; or\n\t(ii)\tan exemption from specified mandatory provisions of an environment protection policy; and\n\t(b)\tconsist of a programme (the carrying out of which may be required by conditions of the exemption) setting out action to be taken within specified periods to achieve compliance with the general environmental duty in relation to that activity, or with the mandatory provisions, as the case may be.\n\t(3)\tA proposed environment improvement programme may—\n\t(a)\tbe lodged in association with an application for the grant or renewal of a licence; and\n\t(b)\tconsist of a programme (the carrying out of which may be required by conditions of the licence) setting out action to be taken within specified periods—\n\t(i)\tto achieve compliance with specified mandatory provisions of an environment protection policy that are to come into operation on a specified future day; or\n\t(ii)\tfor the protection, restoration or enhancement of the environment beyond standards required by or under this Act.\n45—Conditions\n\t(1)\tThe Authority may impose conditions of an environmental authorisation with respect to such matters as are contemplated by this Act or as the Authority considers necessary or expedient for the purposes of this Act.\n\t(2)\tThe Authority may impose a condition of an environmental authorisation, or vary or revoke a condition previously imposed by the Authority, by notice in writing to the person holding the authorisation.\n\t(3)\tThe Authority may impose or vary a condition of an environmental authorisation—\n\t(a)\ton the granting or renewal of the authorisation; or\n\t(ab)\tif the authorisation is granted or renewed for a term exceeding one year—at any time during the period of three calendar months following the anniversary of the date on which the authorisation was granted or renewed (provided that such conditions may only be of a type described in section 52(1)); or\n\t(b)\tat any time—\n\t(i)\twith the consent of the person holding the authorisation; or\n\t(ii)\twhere the Authority considers that it is necessary to impose or vary the condition in consequence of—\n\t(A)\tcontravention of this Act by the person holding the authorisation; or\n\t(B)\trisk of material or serious environmental harm; or\n\t(C)\tthe making or amendment of an environment protection policy; or\n\t(D)\tthe making or amendment of a national environment protection measure; or\n\t(iia)\tif, in the case of a condition imposing a maximum allowable stockpile limit, the Authority considers it necessary to impose or vary the condition in order to promote the circulation of materials through the waste management process; or\n\t(iii)\tas provided by a condition of the authorisation or a provision of this Act or the regulations under this Act.\n\t(4)\tThe Authority may revoke a condition at any time.\n\t(5)\tThe holder of an environmental authorisation must not contravene a condition of the authorisation.\n\t(a)\tin the case of a body corporate—$120 000;\n\t(b)\tin the case of a natural person—$60 000.\n\t(a)\tfor a prescribed condition—the corresponding prescribed expiation fee;\n\t(b)\tfor any other condition (other than a reporting-deadline condition)—$1 000.\n\t(6)\tWhere the holder of an authorisation (including the holder of an authorisation that has been suspended) fails to comply with a reporting-deadline condition, the Authority may, by notice in writing, require the holder to make good the default and, in addition, to pay the Authority the amount prescribed as a penalty for default.\n\t(7)\tA penalty for default payable under subsection (6) is recoverable by the Authority as a debt due to the Authority.\n\t(8)\tIf a requirement under a provision of this Act relates to activities carried on under an environmental authorisation, the requirement will, subject to the terms of the provision—\n\t(a)\tapply in relation to such activities, whether the environmental authorisation authorising the activities was granted before or after the commencement of the provision; and\n\t(b)\tprevail over conditions of such an environmental authorisation to the extent of any inconsistency.\n\t(9)\tIn this section—\nreporting-deadline condition means a condition of a kind referred to in section 52(1)(a) requiring a specified report on the results of tests or monitoring to be made to the Authority before a specified date.\n46—Notice and submissions in respect of proposed variations of conditions\n\t(1)\tSubject to this section, if the Authority proposes to vary the conditions of an environmental authorisation, the Authority must first—\n\t(a)\tgive notice in writing of the proposed variation to the holder of the authorisation—\n\t(ii)\tinviting the holder of the authorisation to make written submissions in relation to the proposed variation within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the holder); and\n\t(b)\tcause public notice of the proposed variation to be published in a manner and form determined by the Authority to be most appropriate in the circumstances—\n\t(ii)\tinviting interested persons to make written submissions in relation to the proposed variation within a period specified in the notice (being not less than 14 days from the date of publication as specified in the notice for the purpose); and\n\t(c)\tif the proposed variation relates to an activity that is to be undertaken on a particular piece of land—cause notice of the proposed variation to be given to the owner or occupier of each piece of adjacent land—\n\t(ii)\tinviting the owner or occupier to make written submissions in relation to the proposed variation within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the owner or occupier).\n\t(1a)\tSubject to this section, if the Authority proposes to vary the conditions of an environmental authorisation that authorises an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority must first give notice to the authority under that Act to whom an application for a permit for that activity would otherwise have to be made that—\n\t(a)\tsets out the reasons for the proposed variation; and\n\t(b)\tinvites the authority to make written submissions in relation to the proposal within a period specified in the notice (being not less than 14 days after the notice is given to the authority).\n\t(2)\tThe Authority must, if it considers it appropriate in the circumstances, cause the public notice to be published, in addition, in a local newspaper circulating in the area in which activity is or is to be undertaken pursuant to the environmental authorisation.\n\t(3)\tNotice of a proposed variation is not required to be given to the holder of the environmental authorisation if—\n\t(a)\tthe proposed variation is to be made with consent of the holder; or\n\t(b)\tthe proposed variation consists of the revocation of a condition.\n\t(4)\tPublic notice under subsection (1)(b) and notice under subsection (1a) are not required if the proposed variation does not result in any relaxation of the requirements imposed for the protection or restoration of the environment by or under this Act on the holder of the environmental authorisation.\n\t(4a)\tNotice is not required to be given to an owner or occupier of adjacent land under subsection (1)(c)—\n\t(a)\tif the proposed variation—\n\t(i)\tdoes not result in any relaxation of the requirements imposed for the protection or restoration of the environment by or under this Act on the holder of the environmental authorisation; and\n\t(ii)\twill not, in the opinion of the Authority, result in any adverse effect on the adjoining land or on the amenity value of the adjoining land; or\n\t(b)\tin circumstances prescribed by regulation.\n\t(5)\tNo notice is required in respect of—\n\t(b)\ta proposed variation of conditions of a licence to conduct a waste transport business (category B) as described in Part A of Schedule 1; or\n\t(c)\ta proposed variation to be made to correct an error or make a change of form (not involving a change of substance); or\n\t(d)\ta proposed variation of a kind prescribed by regulation.\n\t(5a)\tWhere written submissions are made in response to a notice published under subsection (1)(b) or given to the owner or occupier of adjacent land under subsection (1)(c), the Authority must forward a copy of the submissions to the holder of the environmental authorisation and allow the holder of the environmental authorisation an opportunity to respond, in writing, to the submissions within a period specified by the Authority.\n\t(6)\tFor the purposes of this section, a reference to the variation of conditions includes a reference to the revocation of a condition or the imposition of a condition or further condition after the grant of the authorisation.\n\t(7)\tA notice to be given to the owner or occupier of adjacent land under subsection (1)(c) may be given by addressing it to the \"owner or occupier\" and posting it to, or leaving it at, the adjacent land.\n\t(8)\tIn this section—\nadjacent land, in relation to other land, means land—\n\t(a)\tthat abuts on the other land; or\n\t(b)\tthat is no more than 60 metres from the other land and is directly separated from the other land only by—\n\t(i)\ta road, street, footpath, railway or thoroughfare; or\n\t(ii)\ta watercourse; or\n\t(iii)\ta reserve or other similar open space.\n47—Criteria for grant and conditions of environmental authorisations\n\t(1)\tIn determining—\n\t(a)\twhether to grant or refuse an environmental authorisation; or\n\t(b)\twhat should be the term or conditions of an environmental authorisation,\nthe Authority must—\n\t(c)\thave regard to, and seek to further, the objects of this Act; and\n\t(d)\thave regard to the general environmental duty; and\n\t(e)\thave regard to any relevant environment protection policy, and, in relation to an application for exemption from mandatory provisions of an environment protection policy, give effect to any provisions of the policy governing the granting of such exemptions; and\n\t(ea)\thave regard to the waste strategy for the State adopted under the Green Industries SA Act 2004 (if relevant); and\n\t(f)\thave regard to any relevant reports, assessments, environmental impact statement, Assessment Report, development authorisation or other document or requirement under the Planning, Development and Infrastructure Act 2016; and\n\t(g)\thave regard to any relevant environment improvement programme or environment performance agreement or any such proposed programme or agreement; and\n\t(h)\thave regard to any written submissions (and any responses to such submissions) made to the Authority under this Part that are relevant to the matters to be determined; and\n\t(i)\tin relation to any proposed variation of the conditions of an environmental authorisation, have regard to any submissions made by the holder of the authorisation to the Authority under this Part; and\n\t(j)\twhere an authority under the Landscape South Australia Act 2019 has made submissions to the Authority in response to an invitation under section 39(1a) or 46(1a), have regard to those submissions.\n\t(2)\tDespite subsection (1) but subject to subsections (2b), (3) and (4), where a person—\n\t(a)\thas been granted—\n\t(i)\ta works approval authorising works for the purposes of a prescribed activity of environmental significance; or\n\t(ii)\ta development authorisation under Part 7 or 8 of the Planning, Development and Infrastructure Act 2016—\n\t(A)\tauthorising a development for the purposes of a prescribed activity of environmental significance on each application in respect of that development referred to the Authority in accordance with that Part; or\n\t(B)\tauthorising a development or project for the purposes of a prescribed activity of environmental significance; and\n\t(b)\thas complied with the conditions (if any) of the works approval or development authorisation imposed by or at the direction of the Authority,\nthe Authority may not, on due application for such a licence, refuse to grant a licence authorising the person to undertake that prescribed activity of environmental significance.\n\t(2a)\tIf an application for an environmental authorisation involves an activity that requires a related approval under the Planning, Development and Infrastructure Act 2016, the Authority must defer its determination of the application under this Act until a relevant development authorisation is obtained under the Planning, Development and Infrastructure Act 2016 and the Authority receives notification of that development authorisation (and any conditions) from the applicant (and if an application for a development authorisation is refused under that Act then, subject to the regulations, the Authority must refuse the application for environmental authorisation under this Act).\n\t(2b)\tIf an application for an environmental authorisation involves an activity for which a financial assurance under section 51 is required, the following provisions apply:\n\t(a)\tthe Authority must defer its determination of the application under this Act until the applicant provides the Authority with the prescribed details in relation to the financial assurance; and\n\t(b)\tif those details are not provided to the Authority as required, the Authority must, subject to the regulations, refuse the application for environmental authorisation under this Act.\n\t(3)\tThe Authority may refuse an environmental authorisation if the Authority is not satisfied that the applicant is a suitable person to be granted the authorisation.\n\t(4)\tIn particular, without limiting the effect of subsection (3), the Authority may refuse an environmental authorisation—\n\t(a)\tif the applicant has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or\n\t(b)\tif the applicant is a body corporate and a director of the body corporate—\n\t(i)\thas contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or\n\t(ii)\tis or has been the director of another body corporate that has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or\n\t(c)\ton any ground prescribed by regulation.\n\t(5)\tFor the purposes of subsection (4), any Act including an Act that has been repealed or an Act of a place other than this State may be declared by regulation to be a prescribed Act.\n48—Annual fees and returns\n\t(1)\tThis section—\n\t(a)\tapplies to an environmental authorisation granted or renewed for a term of two years or more; and\n\t(b)\tdoes not apply to an environmental authorisation of a prescribed class.\n\t(2)\tThe holder of an environmental authorisation must—\n\t(a)\tin each year lodge with the Authority, before the date prescribed for that purpose, an annual return containing the information required by the Authority by condition of the authorisation or by notice in writing; and\n\t(b)\tin each year (other than a year in which the authorisation is due to expire) pay to the Authority, before the date prescribed for that purpose, the annual authorisation fee prescribed or determined under the regulations.\n\t(2a)\tThe Authority may, by condition of an environmental authorisation or by notice in writing, require the holder of the authorisation to verify any information required under subsection (2) in such manner as the Authority thinks fit.\n\t(3)\tWhere an annual authorisation fee is to be determined by the Authority under the regulations, the Authority must, not less than one month before the date prescribed for payment of the fee, notify the holder of the authorisation of the fee so determined.\n\t(4)\tWhere the holder of an authorisation fails to lodge the annual return or pay the annual authorisation fee in accordance with subsection (2), the Authority may, by notice in writing, require the holder to make good the default and, in addition, to pay to the Authority the amount prescribed as a penalty for default.\n\t(5)\tAn annual authorisation fee (including any penalty for default) payable under this section is recoverable by the Authority as a debt due to the Authority.\n\t(6)\tIn this section—\nholder of an environmental authorisation includes the holder of an authorisation that has been suspended.\n49—Transfer of environmental authorisations\n\t(1)\tSubject to this section and any condition of the authorisation excluding or limiting the right of transfer under this section, the Authority must approve the transfer of an environmental authorisation on due application under this section.\n\t(2)\tThe Authority may refuse to approve the transfer of an authorisation if the Authority is not satisfied that the proposed transferee is a suitable person to hold the authorisation.\n\t(3)\tIn particular, without limiting the effect of subsection (2), the Authority may refuse to approve the transfer of an authorisation—\n\t(a)\tif the proposed transferee has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or\n\t(b)\tif the proposed transferee is a body corporate and a director of the body corporate—\n\t(i)\thas contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or\n\t(ii)\tis or has been the director of another body corporate that has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or\n\t(c)\ton any ground prescribed by regulation.\n\t(4)\tFor the purposes of subsection (3), any Act including an Act that has been repealed or an Act of a place other than this State may be declared by regulation to be a prescribed Act.\n\t(5)\tAn application for approval of the transfer of an environmental authorisation must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed fee.\n\t(6)\tWhere the Authority requires further information to determine the application, the Authority may, by notice in writing served on the applicant no later than one month after the application is made, require the applicant to furnish further specified information in writing.\n\t(7)\tWhere further information is required in respect of an application, the application is to be taken not to have been duly made until the information is furnished as required.\n\t(8)\tIf the Authority has not advised an applicant for the transfer of an authorisation of its decision on the application within two months after the application is made, the applicant may, after giving 14 days notice in writing to the Authority, apply to the Environment, Resources and Development Court for an order requiring the Authority to make its decision on the application within a time fixed by the Court.\n50—Death of person holding environmental authorisation\nWhere the person holding an environmental authorisation dies, a person approved by the Authority is to be taken to hold that authorisation (on the same conditions as were applicable to the deceased) as from the date of the death until the expiration of six months from that date, or until such later day as may be fixed by the Authority.\n50A—Avoidance of duplication of procedures etc\n\t(1)\tThe purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where an activity requires environmental authorisation under this Act and approval under the Commonwealth Act.\n\t(2)\tDespite any other provision of this Act, the Authority may—\n\t(a)\taccept a Commonwealth Act document as an application, notice or other document for the purposes of this Act if (subject to subsection (5)) the document complies with the requirements of this Act; and\n\t(b)\tdirect that a procedure taken under the Commonwealth Act in relation to a Commonwealth Act document that has been accepted by the Authority under paragraph (a) will be taken to have fulfilled the requirement for a procedure in relation to the relevant document under this Act if the requirements of this Act in relation to the procedure have been complied with; and\n\t(c)\tinstead of the Authority, or some other person, preparing a plan, report, statement, assessment or other document under this Act, adopt or accept the whole or part of a document (whether a plan, report, statement, assessment or other document of the same kind or not) used, or to be used, for the purposes of the Commonwealth Act as the document required under this Act if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.\n\t(3)\tTo avoid doubt, where a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which an environmental authorisation is required under this Act, the Authority may, when considering an application for an environmental authorisation, or for the variation of an environmental authorisation, for the activity, use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give his or her approval to the controlled action under that Act.\n\t(4)\tWhere a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which an environmental authorisation is required under this Act, the Authority—\n\t(a)\tmust, if the Commonwealth Minister has given his or her approval to the controlled action, consider whether the conditions (if any) to be imposed on the authorisation should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act;\n\t(b)\tmay impose a condition on the authorisation that requires compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.\n\t(5)\tA document accepted or adopted under subsection (2)—\n\t(a)\tmay be in a form that does not comply with the requirements of this Act; and\n\t(b)\tmay include information or other material that is irrelevant for the purposes of this Act.\n\t(6)\tOnce a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act.\n\t(7)\tIn this section—\nassessment report means—\n\t(a)\tan assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or\n\t(b)\ta report under section 121 of the Commonwealth Act;\nCommonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;\nCommonwealth Act document means—\n\t(a)\ta referral under section 68, 69 or 71 of the Commonwealth Act; or\n\t(b)\tinformation given by a person to the Minister under the Commonwealth Act under section 86 of that Act; or\n\t(c)\tinformation and invitation published by a proponent under section 93 of the Commonwealth Act; or\n\t(d)\tguidelines prepared under section 97 or 102 of the Commonwealth Act; or\n\t(e)\ta draft report prepared under section 98 of the Commonwealth Act; or\n\t(f)\ta finalised report prepared under section 99 of the Commonwealth Act; or\n\t(g)\ta draft statement prepared under section 103 of the Commonwealth Act; or\n\t(h)\ta finalised statement prepared under section 104 of the Commonwealth Act; or\n\t(i)\tan assessment report.\n","sortOrder":10},{"sectionNumber":"Div 5","sectionType":"division","heading":"Special conditions","content":"Division 5—Special conditions\n50B—Special conditions not exhaustive\nThis Division does not limit the requirements that may be imposed as conditions of environmental authorisations.\n51—Conditions requiring financial assurance\n\t(1)\tSubject to this section, the Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to provide the Authority with a financial assurance in the form of any 1 or more of the following:\n\t(a)\ta bond;\n\t(b)\ta specified pecuniary sum;\n\t(c)\ta policy of insurance;\n\t(d)\ta letter of credit or a guarantee given by a bank;\n\t(e)\tany other form of security approved by the Authority,\nto be used, realised or claimed against by the Authority for costs or expenses, or for loss or damage, incurred or suffered by the Authority or any other person in the event of—\n\t(f)\tthe holder of the authorisation contravening a requirement imposed by or under this Act; or\n\t(g)\ta failure by the holder of the authorisation to take specified action within a specified period to achieve compliance with this Act.\n\t(2)\tThe Authority may impose or vary a condition under this section at any time.\n\t(3)\tThe Authority must, in determining whether to impose or vary a condition under this section or the nature, term or any other particulars of, a financial assurance, have regard to the following:\n\t(a)\tif there is a risk of—\n\t(i)\tenvironmental harm; or\n\t(ii)\tunauthorised stockpiling or abandonment of waste or other matter,\nassociated with the activity authorised under the environmental authorisation or any activity previously undertaken at the place to which the authorisation relates—the degree of that risk;\n\t(b)\tthe likelihood of action being required to make good any resulting environmental damage, to decommission, dismantle or remove stockpiled or abandoned plant or equipment or to deal with any other stockpiled or abandoned waste or other matter;\n\t(c)\tthe nature and cost of such action and the length of time such action is likely to take (including following cessation of the activity so authorised);\n\t(d)\twhether the holder of the authorisation has previously contravened this Act (whether or not in connection with the activity authorised under the environmental authorisation) and if so, the nature, number and frequency of the contraventions;\n\t(e)\tthe Authority's reasonable estimate of the total of the likely amounts involved in satisfaction of the purposes for which the financial assurance is required;\n\t(f)\tthe depreciation of the value of the financial assurance over time;\n\t(g)\tany other matters considered relevant by the Authority or prescribed by regulation.\n\t(4)\tThe Authority may (without limitation) require a financial assurance to extend to such time as it is satisfied that no clean up or remediation will be required as a result of the activity undertaken under the environmental authorisation (including following cessation of the activity).\n\t(5)\tThe following provisions apply in relation to a condition requiring a financial assurance in the form of a bond or pecuniary sum:\n\t(a)\tthe Authority may not require the lodgement of a bond or pecuniary sum representing an amount greater than the Authority's reasonable estimate of the total of the likely costs, expenses, loss and damage that might be incurred or suffered by the Authority or other persons as a result of failure by the holder of the authorisation to satisfy the conditions of discharge or repayment of the bond or pecuniary sum;\n\t(b)\ta pecuniary sum lodged with the Authority must be paid into the Environment Protection Fund and the amount of the pecuniary sum that has not been repaid or forfeited to the Fund must, on satisfaction of the conditions of repayment, be repaid to the holder of the authorisation together with an amount representing interest calculated in accordance with the regulations;\n\t(c)\tif the holder of an authorisation fails to satisfy the conditions of discharge or repayment of the bond or pecuniary sum, the Authority—\n\t(i)\tmay determine that the whole or part of the amount of the bond or pecuniary sum is forfeited to the Environment Protection Fund;\n\t(ii)\tmay apply from the Fund any money so forfeited in payments for or towards the costs, expenses, loss or damage incurred or suffered by the Crown, a public authority or other person as a result of the failure by the holder of the authorisation;\n\t(iii)\tmay, in the case of a pecuniary sum, on the expiry or termination of the authorisation and when satisfied that there is no reasonable likelihood of any or further valid claims in respect of costs, expenses, loss or damage incurred or suffered as a result of the failure of the holder of the authorisation, repay any amount of the pecuniary sum that has not been repaid or forfeited to the Fund.\n\t(6)\tThe following provisions apply in relation to a condition requiring a financial assurance in the form of a policy of insurance:\n\t(a)\tthe Authority may require that it be a joint insured or a beneficiary of the insurance;\n\t(b)\tthe Authority will be taken to have an insurable interest in the subject matter covered by the insurance policy.\n52—Conditions requiring tests, monitoring or audits\n\t(1)\tSubject to this section, the Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to do either or both of the following:\n\t(a)\tto carry out specified tests and environmental monitoring relating to the activity undertaken pursuant to the authorisation, or activities previously undertaken at the place to which the authorisation relates, and to make specified reports to the Authority on the results of such tests and monitoring;\n\t(b)\tto comply with the requirements of an environmental audit and compliance programme to the satisfaction of the Authority.\n\t(2)\tAn environmental audit and compliance programme may contain requirements of the following kinds:\n\t(a)\trequirements for a comprehensive evaluation of the performance of the holder of the authorisation in endeavouring to achieve compliance with this Act, including evaluation of the management practices, production processes and technical systems and equipment adopted or used by the holder of the authorisation;\n\t(b)\trequirements as to the qualifications of the person undertaking the evaluation process;\n\t(c)\trequirements as to reporting of the results of the evaluation process to the Authority;\n\t(d)\trequirements as to implementation of changes to management practices, production processes, technical systems or equipment or other matters recommended by the person undertaking the evaluation process or otherwise determined by the Authority to be appropriate in light of the results of the evaluation process.\n\t(3)\tThe Authority may not impose conditions requiring the conduct of an environmental audit and compliance programme unless the Authority is satisfied—\n\t(a)\tthat the holder of the authorisation has on one or more occasions contravened this Act in relation to the activity undertaken pursuant to the authorisation; and\n\t(b)\tthat the imposition of the conditions is justified in view of the nature of the contravention, or the nature, number or frequency of the contraventions.\n52A—Conditions requiring closure and post-closure plans\n\t(1)\tThe Authority may, by conditions of an environmental authorisation granted in relation to an activity, require the holder of the authorisation—\n\t(a)\tto prepare, in accordance with specified requirements and to the satisfaction of the Authority, a plan for the cessation of the activity; and\n\t(b)\tto prepare, in accordance with specified requirements and to the satisfaction of the Authority, a plan for the management and monitoring, after cessation of the activity, of any land on which the activity was carried out; and\n\t(c)\tto comply with any plan so prepared to the satisfaction of the Authority.\n\t(2)\tThe Authority may only impose conditions under this section on an environmental authorisation if satisfied that the conditions are reasonably required for the purpose of—\n\t(a)\tpreventing or minimising environmental harm; or\n\t(b)\tdealing with stockpiled or abandoned waste or other matter,\nthat may result from the activity undertaken pursuant to the authorisation after the activity has ceased.\n\t(3)\tThe regulations may limit the circumstances in which conditions may be imposed under this section or make any other provisions relating to the imposition of conditions under this section.\n\t(4)\tIf the Authority imposes any conditions on an environmental authorisation granted in relation to an activity requiring the holder of the authorisation to prepare a plan described in subsection (1)(b), the following provisions apply:\n\t(a)\tthe Authority must specify the period during which compliance with the plan will be required (which may be until a specified day or until the holder of the authorisation satisfies the Authority that a specified event has occurred or that compliance with specified standards has been achieved); and\n\t(b)\tat the end of the specified period, the Authority must notify the holder of the authorisation, in writing, that compliance with the plan is no longer required; and\n\t(c)\tif the Authority has notified the holder of the authorisation that compliance with the plan is no longer required, the Authority may not issue an environment protection order under section 93A for the purpose of preventing or minimising environmental harm or dealing with stockpiled or abandoned waste or other matter that may result from the activity.\n53—Conditions requiring preparation and publication of plan to deal with emergencies\nThe Authority may, by conditions of an environmental authorisation—\n\t(a)\trequire the holder of the authorisation to prepare, in accordance with specified requirements and to the satisfaction of the Authority, a plan of action to be taken in the event of emergencies that might forseeably arise out of the activity undertaken pursuant to the authorisation, or activities previously undertaken at the place to which the authorisation relates, and involve the risk of material or serious environmental harm; and\n\t(b)\tspecify the inquiries to be made prior to the preparation of the plan; and\n\t(c)\tspecify the qualifications of the person who may be appointed or engaged by the holder of the authorisation to conduct the inquiries and prepare the plan; and\n\t(d)\trequire the holder of the authorisation to publish the approved plan or an outline of the plan in a manner specified in the conditions.\n54—Conditions requiring environment improvement programme\n\t(1)\tThe Authority may, by conditions of an environmental authorisation, require the holder of the authorisation—\n\t(a)\tto develop, in accordance with specified requirements and to the satisfaction of the Authority, an environment improvement programme containing requirements of a kind specified by the Authority in accordance with this section; and\n\t(ab)\tto undertake public consultation, in accordance with specified requirements, in the course of developing the proposed environment improvement program; and\n\t(b)\tto comply with the requirements of the environment improvement programme as developed by the holder of the authorisation and approved by the Authority.\n\t(2)\tAn environment improvement programme may contain requirements of the following kinds:\n\t(a)\trequirements specifying action to be taken within specified periods by the holder of the authorisation to achieve compliance with the general environmental duty under Part 4 in relation to the activity undertaken pursuant to the authorisation;\n\t(b)\twhere mandatory provisions of an environment protection policy that apply to the activity undertaken pursuant to the authorisation are to come into operation on a specified future day—requirements specifying action to be taken within specified periods by the holder of the authorisation to achieve compliance with the mandatory provisions on or before that day;\n\t(c)\trequirements specifying action to be taken within specified periods by the holder of the authorisation to give effect to non-mandatory provisions of an environment protection policy.\n54A—Conditions requiring training of employees etc\nThe Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to provide such information, instruction, training and supervision as is reasonably necessary to ensure that employees and agents of the holder of the authorisation and any other persons involved in carrying out the activity undertaken pursuant to the authorisation understand, and are able to comply with, any requirements imposed by or under this Act (including any conditions of the authorisation).\n54B—Conditions requiring certificate of compliance\n\t(1)\tThe Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to supply to the Authority certificates of compliance that include any of the following information:\n\t(a)\tthe extent to which the conditions of the authorisation have or have not been complied with;\n\t(b)\tparticulars of any failure to comply with the conditions and the reasons for such failure;\n\t(c)\tany action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure.\n\t(2)\tA certificate of compliance must, if required by the Authority, be certified as correct by a person approved by the Authority.\n\t(3)\tIt is not an excuse for a person to refuse or fail to provide information required to be included in a certificate of compliance on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(4)\tIf compliance by a person with a requirement to include information in a certificate of compliance might tend to incriminate the person or make the person liable to a penalty, then the information included in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n54C—Conditions requiring approval of certain works and processes\n\t(1)\tThe Authority may, by conditions of an environmental authorisation, require the holder of the environmental authorisation to seek the Authority's approval in relation to—\n\t(a)\tthe construction or alteration of a building or structure, or the installation or alteration of plant or equipment, for use for an activity carried on under the environmental authorisation; or\n\t(b)\ta change in a process undertaken under the environmental authorisation.\n\t(2)\tIf conditions of an environmental authorisation (whether imposed before or after the commencement of this section) require the holder of the environmental authorisation to seek the Authority's approval in relation to a matter of a kind referred to in subsection (1)(a) or (b), an application for such approval must—\n\t(a)\tbe made in a manner and form determined by the Authority; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(3)\tIf the Authority requires further information to determine the application, the Authority may, by notice in writing served on the applicant no later than 2 months after the application is made, require the applicant to furnish further specified information in writing.\n\t(4)\tIf further information is required in respect of an application, the application is to be taken not to have been duly made until the information is furnished as required by the Authority.\n","sortOrder":11},{"sectionNumber":"Div 6","sectionType":"division","heading":"Suspension, cancellation and surrender of environmental authorisations","content":"Division 6—Suspension, cancellation and surrender of environmental authorisations\n55—Suspension or cancellation of environmental authorisations\n\t(1)\tThe Authority may, if satisfied that—\n\t(a)\tthe holder of an environmental authorisation obtained the authorisation improperly; or\n\t(b)\tthe holder of an environmental authorisation has contravened a requirement imposed by or under this Act in connection with an activity undertaken pursuant to the authorisation; or\n\t(c)\tin the case of an environmental authorisation of a prescribed class—the holder of the authorisation, or, if the holder is a body corporate, a director of the body corporate, has been guilty of misconduct (whether in this State or elsewhere) of a prescribed kind; or\n\t(d)\tthe holder of an environmental authorisation has ceased to undertake the activity authorised by the authorisation,\nsuspend the authorisation or cancel the authorisation and, if the Authority thinks fit, impose a disqualification under this section.\n\t(2)\tA suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Authority.\n\t(3)\tA disqualification under this section may disqualify the holder of the cancelled authorisation, or, if the holder is a body corporate, any director of the body corporate, from obtaining any environmental authorisation, or an environmental authorisation of a specified kind, permanently or for a specified period, or until the fulfilment of specified conditions, or until further order of the Authority.\n\t(4)\tBefore the Authority acts under this section, the Authority must—\n\t(a)\tnotify the holder of the environmental authorisation in writing of its proposed action specifying the reasons for the proposed action; and\n\t(b)\tallow the holder of the authorisation at least 14 days within which to make submissions to the Authority in relation to the proposed action.\n56—Surrender of environmental authorisations\n\t(1)\tAn environmental authorisation may be surrendered with the approval of the Authority.\n\t(2)\tThe Authority may, on application for approval of the surrender of an environmental authorisation—\n\t(a)\tapprove the surrender of the authorisation; or\n\t(b)\tif satisfied that it is necessary for the protection or restoration of the environment—\n\t(i)\timpose further conditions of the authorisation; and\n\t(ii)\tapprove the surrender of the authorisation on the holder of the authorisation satisfying the Authority that the conditions have been fulfilled or that satisfactory arrangements have been made for their fulfilment.\n","sortOrder":12},{"sectionNumber":"Div 7","sectionType":"division","heading":"Criteria for decisions of Authority in relation to development applications","content":"Division 7—Criteria for decisions of Authority in relation to development applications\n57—Criteria for decisions of Authority in relation to development authorisations\nWhere an application for development authorisation is referred to the Authority under the Planning, Development and Infrastructure Act 2016, the Authority must, in determining—\n\t(b)\twhether or not to direct the refusal of the application or to direct the imposition of conditions of any development authorisation granted on the application and, if so, what conditions should be imposed; or\n\t(c)\twhat response (if any) should be made to the development assessment authority,\nhave regard to, and seek to further, the objects of this Act and have regard to the general environmental duty, any relevant environment protection policies and the waste strategy for the State adopted under the Green Industries SA Act 2004 (if relevant).\n","sortOrder":13},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Sustainability licence endorsements","content":"Part 6A—Sustainability licence endorsements\n57A—Requirement for endorsement of licence\nA person must not represent that a licence is a sustainability licence, or permit another person to do so, unless the licence is endorsed under this Part as a sustainability licence.\nMaximum penalty: $40 000.\n57B—Applications for endorsements\n\t(1)\tAn application for an endorsement of a licence as a sustainability licence must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed application fee.\n\t(2)\tAn application for an endorsement may be combined with an application for a licence or renewal of a licence.\n\t(3)\tIf the Authority requires further information to determine the application, the Authority may, by written notice served on the applicant no later than 2 months after the application is made, require the applicant to furnish further specified information in writing.\n\t(4)\tIf further information is required in respect of an application, the application is to be taken not to have been duly made until the information is furnished as required by the Authority.\n\t(5)\tIf the Authority refuses an application for an endorsement, it must give the applicant written notice of the refusal and the reasons for the refusal.\n57C—Endorsement of licences\n\t(1)\tThe Authority may endorse a licence as a sustainability licence if—\n\t(a)\tthe holder of the licence has made due application for the endorsement; and\n\t(b)\tthe holder of the licence has undertaken—\n\t(i)\tto implement, within a period agreed with the Authority, specific and substantial measures agreed with the Authority designed, in connection with the activities authorised by the licence—\n\t(A)\tto protect, restore or enhance the environment beyond standards required by or under this Act; and\n\t(B)\tto facilitate consultation with the community and deal with complaints; and\n\t(ii)\tto facilitate auditing of the implementation of the measures in accordance with an auditing programme agreed with the Authority; and\n\t(iii)\tto review and renegotiate the measures and auditing programme in good faith from time to time in accordance with a review programme agreed with the Authority; and\n\t(iv)\tto implement the measures, and facilitate auditing of implementation of the measures, as renegotiated following review; and\n\t(c)\tthe holder of the licence has paid the sustainability endorsement fee prescribed or determined under the regulations; and\n\t(d)\tany other requirements prescribed by the regulations have been complied with.\n\t(2)\tThe Authority may, in conjunction with endorsing a licence as a sustainability licence, undertake to provide support to the holder of the licence to facilitate implementation, and auditing of implementation, of the measures forming the basis of the endorsement.\n\t(3)\tAn undertaking made under this section is not enforceable.\n57D—Term and renewal of endorsements\n\t(1)\tSubject to this Act, the term of an endorsement of a licence as a sustainability licence is co‑extensive with the term of the licence, and the endorsement is renewed for a further term on each renewal of the licence.\n\t(2)\tAn application for the renewal of a licence endorsed as a sustainability licence must include information relating to the measures implemented for the purposes of the endorsement as required by the Authority by written notice to the applicant.\n\t(3)\tIf the holder of a licence fails to include the required information in an application for renewal of the licence, the application will be taken not to have been duly made until the information is furnished as required by the Authority.\n57E—Annual fees and returns\n\t(1)\tIf an annual authorisation fee is payable in respect of a licence endorsed as a sustainability licence, the amount prescribed or determined under the regulations as the annual sustainability endorsement fee is to be added to the annual authorisation fee and, for the purposes of this Act, the amount will be taken to form part of the annual authorisation fee payable by the licensee.\n\t(2)\tAn annual return lodged in respect of a licence endorsed as a sustainability licence must include information relating to the measures implemented for the purposes of the endorsement as required by the Authority by written notice to the holder of the licence.\n\t(3)\tIf the holder of a licence fails to include the required information in an annual return, the Authority may, by written notice, require the holder to make good the default.\n\t(4)\tIf the holder of a licence fails to make good the default within the period allowed by the Authority (being not less than 14 days after the day on which the notice is given to the holder), the Authority may, by written notice, revoke the endorsement of the licence as a sustainability licence.\n\t(5)\tIn this section, a reference to an endorsement of a licence as a sustainability licence includes a reference to such an endorsement that has been suspended by reason of the licence being suspended.\n57F—Transfer of endorsements\n\t(1)\tAn endorsement may, with the approval of the Authority, be transferred simultaneously with the transfer of a licence.\n\t(2)\tThe Authority must decide whether or not to grant approval for the transfer of an endorsement on the same basis as would apply if the transferee were an applicant for an endorsement.\n57G—Suspension or revocation of endorsements\n\t(1)\tThe Authority may, by written notice to the holder of a licence endorsed as a sustainability licence, revoke the endorsement—\n\t(a)\tif the holder of the licence acts contrary to an undertaking forming the basis of the endorsement; or\n\t(b)\tif the Authority is unable to reach agreement with the holder on the renegotiation of the measures or auditing programme; or\n\t(c)\ton other grounds prescribed by the regulations.\n\t(2)\tBefore the Authority revokes an endorsement under subsection (1), the Authority must—\n\t(a)\tgive the holder of the licence written notice of its proposed action specifying reasons for the proposed action; and\n\t(b)\tallow the holder of the licence at least 14 days within which to make submissions to the Authority in relation to the proposed action.\n\t(3)\tThe Authority must revoke an endorsement of a licence as a sustainability licence at the written request of the holder of the licence.\n\t(4)\tIf a licence endorsed as a sustainability licence is suspended, the endorsement is suspended for the period of the suspension of the licence.\n\t(5)\tIf a licence endorsed as a sustainability licence is cancelled or surrendered, the endorsement is revoked.\n","sortOrder":14},{"sectionNumber":"Part 7","sectionType":"part","heading":"Voluntary audits and environment performance agreements","content":"Part 7—Voluntary audits and environment performance agreements\n58—Protection for information produced in voluntary environmental audits\n\t(1)\tA person may apply to the Authority to obtain the protection of this section in respect of a proposed voluntary environmental audit programme.\n\t(2)\tThe application may be made by lodging with the Authority a detailed outline of action proposed to be taken by the person for the evaluation of the person's performance in endeavouring to achieve compliance with this Act, including evaluation of the management practices, production processes and technical systems and equipment adopted or used by the person.\n\t(3)\tOn application by a person under this section, the Authority may, in its discretion, issue to the person a determination conferring the protection of this section in respect of a report of the results of the audit programme but subject to such conditions as the Authority thinks fit, which may include—\n\t(a)\tconditions limiting the kinds of information that may be included in the report; and\n\t(b)\tconditions requiring that the report be compiled and kept in a specified manner and form; and\n\t(c)\tconditions requiring the person to lodge with the Authority evidence (supported, if the Authority so requires, by statutory declaration) as to the time of completion of the audit programme and as to the compilation and keeping of the report.\n\t(4)\tDespite any other provisions of this Act but subject to this section and compliance with the conditions of the determination, a report defined in a determination of the Authority issued to a person under this section—\n\t(a)\tis not admissible in evidence against the person in any proceedings under this Act or any other proceedings for the enforcement of this Act; and\n\t(b)\tmay not be seized or obtained without the person's consent by the Authority, an authorised officer or any other person for any purpose connected with the administration or enforcement of this Act.\n\t(5)\tA person to whom a determination has been issued under this section in respect of a report of the results of an audit programme must not claim the protection of this section based on that determination in respect of any information knowing that the information may not, in accordance with the conditions of the determination, be included in the report of the results of the audit programme.\nMaximum penalty: $40 000.\n\t(6)\tThis section does not limit or derogate from—\n\t(a)\tthe obligation of the holder of an environmental authorisation to comply with conditions of the authorisation (imposed under Division 5 of Part 6) requiring reporting of the results of tests or monitoring or reporting of the results of an environmental audit and compliance programme; or\n\t(b)\tthe obligation of a person under Part 9 to notify the Authority of an incident causing or threatening serious or material environmental harm.\n59—Environment performance agreements\n\t(1)\tSubject to this section, the Authority may enter into an environment performance agreement with any other person or persons (including a Minister or public authority).\n\t(2)\tAn environment performance agreement entered into under this section—\n\t(a)\tmust be in writing and duly executed by the parties to the agreement; and\n\t(b)\tmay contain terms providing for any matter that the Authority considers appropriate for securing the objects of this Act, including terms—\n\t(i)\tbinding a party other than the Authority to undertake programmes of any kind directed towards protection, restoration or enhancement of the environment; or\n\t(ii)\tbinding the Authority to provide financial or other assistance of any kind to the other party or parties or any of them; or\n\t(iii)\tproviding a party other than the Authority with remission of rates or taxes.\n\t(3)\tThe Authority may not enter into an environment performance agreement under this section except with the prior approval of the Minister.\n\t(4)\tAn environment performance agreement may not—\n\t(a)\tmake provision for remission of any rates or taxes payable to the Crown except with the prior approval of the Treasurer; or\n\t(b)\tmake provision for remission of any rates or taxes payable to a council except with the prior approval of the council,\nbut any provision for remission of rates or taxes made by an environment performance agreement in accordance with this section will have effect according to its terms and notwithstanding the provisions of any other Act.\n\t(5)\tSubject to this section, an environment performance agreement may not have effect to relieve a party to the agreement from any duty under this or any other Act, and any obligations imposed under such an agreement have effect in addition to and not in derogation of the requirements imposed by or under this or any other Act.\n\t(6)\tSubject to subsection (5), an environment performance agreement entered into under this section has effect as a contract binding on the parties to the agreement.\n60—Registration of environment performance agreements in relation to land\n\t(1)\tSubject to this section, where an environment performance agreement under this Part relates to land, a party to the agreement may, if the agreement so provides, lodge a copy of the agreement with the Registrar-General, and, in that event, the Registrar-General must register the agreement in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit.\n\t(2)\tAn environment performance agreement may not be registered under this section in relation to land except with the consent of all persons (not being party to the agreement) who have a registered interest in or caveat over the land.\n\t(3)\tWhile an environment performance agreement remains registered under this section in relation to land, the agreement is binding on each owner and occupier from time to time of the land as if the owner or occupier were a party to the agreement.\n\t(4)\tWhile an environment performance agreement remains registered under this section in relation to land, an owner or occupier of the land who ceases to own or occupy the land must notify the Authority in writing of the name and address of the new owner or occupier.\n\t(5)\tOn the termination of an environment performance agreement that is registered under this section in relation to land, the Authority must lodge with the Registrar-General a document executed by the Authority certifying as to the termination of the agreement and, in that event, the Registrar-General must cancel the registration of the agreement and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.\n","sortOrder":15},{"sectionNumber":"Part 8","sectionType":"part","heading":"Special environment protection provisions","content":"Part 8—Special environment protection provisions\nDivision 1—Water quality in water protection areas\n61—Interpretation\n\t(1)\tIn this Division—\nlake means a natural lake and includes a natural lagoon, swamp, marsh or spring;\nowner in relation to a vessel or aircraft includes a person who has, or is entitled to, possession or control of the vessel or aircraft;\nsurface water means water in a watercourse or lake and includes—\n\t(a)\twater in a dam, reservoir or artificial lake that is situated in a water protection area; and\n\t(b)\tfloodwaters that have overflown the banks of a watercourse or lake;\nunderground water means—\n\t(a)\twater occurring naturally below ground level;\n\t(b)\twater pumped, diverted or released into a well for storage underground;\nwatercourse means—\n\t(a)\ta river, creek or other natural watercourse (whether modified or not);\n\t(b)\tan artificial channel (but not a channel declared by regulation to be excluded from the ambit of this definition);\nwater protection area means a part of the State for the time being declared by proclamation to be a water protection area;\nWater Resources Minister means the Minister for the time being administering the Landscape South Australia Act 2019.\n\t(2)\tA pollutant floating on the surface of water will be taken to have entered the water.\n\t(3)\tA pollutant that enters surface or underground water in a water protection area of the State will be taken to have degraded the water if the quality of the water is detrimentally affected as the pollutant disperses through or over it notwithstanding that, as dispersion continues, the detrimental effect may be reduced to a negligible level.\n\t(4)\tFor the purposes of this Division a pollutant in a vehicle, or that has entered water from a vehicle, will be taken to be on the land, or to have entered the water from the land, on which the vehicle is standing or moving.\n61A—Proclamation of water protection areas\n\t(1)\tThe Governor may, by proclamation made on the recommendation of the Authority, declare any part of the State to be a water protection area and may by subsequent proclamation, vary or revoke such a proclamation.\n\t(2)\tThe Authority must consult the Water Resources Minster and the Minister for the time being administering the Waterworks Act 1932 before making a recommendation to the Governor under subsection (1).\n62—Appointment of authorised officers by the Water Resources Minister\n\t(1)\tThe Water Resources Minister may, after consultation with the Authority, appoint pursuant to Part 10 Division 1 a person who is an authorised officer under the Landscape South Australia Act 2019 to be an authorised officer under this Act.\n\t(2)\tThe Water Resources Minister may, at any time, revoke an appointment made by him or her, or vary or revoke a condition specified in the instrument of appointment or impose a further condition.\n63—Water Resources Minister may exercise Authority's enforcement powers\n\t(1)\tThe Water Resources Minister may, after consultation with the Authority, exercise such powers of the Authority under Part 10 as the Water Resources Minister considers necessary for the protection of the quality of surface or underground water within a water protection area.\n\t(2)\tThe provisions of this Act apply in relation to the exercise of a power by the Water Resources Minister under subsection (1) as if a reference to the Authority includes a reference to the Water Resources Minister.\n64—Certain matters to be referred to Water Resources Minister\n\t(1)\tWhere an application of a kind prescribed by subsection (1a) is made under Part 6 for an environmental authorisation in respect of an activity to be undertaken in a water protection area (except a water protection area, or part of a water protection area, excluded from the operation of this section by regulation)—\n\t(a)\tthe application must be referred to the Water Resources Minister together with a copy of any relevant information provided by the applicant; and\n\t(b)\tsubject to subsection (2), the Authority must not make a decision on the application until it receives a response from the Water Resources Minister.\n\t(1a)\tThe following kinds of applications are prescribed for the purposes of subsection (1):\n\t(a)\tan application for an environmental authorisation to drain or discharge any solid, liquid or gaseous material directly or indirectly into a well that is a prescribed well under the Landscape South Australia Act 2019;\n\t(b)\tan application for an environmental authorisation in respect of any activity that might, in the opinion of the Authority, create a significant risk of environmental harm to a water resource within the meaning of the Landscape South Australia Act 2019.\n\t(1b)\tSubsection (1a) does not apply in relation to an activity that is development for the purposes of the Planning, Development and Infrastructure Act 2016 and that is authorised by a development authorisation under that Act.\n\t(2)\tIf a response is not received from the Water Resources Minister within the period prescribed by regulation, it will be presumed that the Water Resources Minister does not wish to make a response, but the period prescribed will, if the Waters Resources Minister notifies the Authority of the need for such extension, be extended by a period of time equal to the time taken by the applicant to furnish further information in compliance with a requirement under subsection (3).\n\t(3)\tWhere the Water Resources Minister requires further information before giving a response under this section, the Water Resources Minister may, by notice in writing served on the applicant no later than two months after the application was made, require the applicant to furnish further specified information in writing.\n\t(4)\tThe Water Resources Minister may require any further information required under subsection (3) to be verified by statutory declaration.\n\t(5)\tWhere further information is required under this section in respect of an application, the application is to be taken not to have been duly made for the purposes of Part 6 until the information is furnished as required by the Water Resources Minister.\n\t(6)\tThe regulations may—\n\t(a)\tprovide that the Authority must not make a decision on an application referred to the Water Resources Minister under this section—\n\t(i)\twithout having regard to the response of the Water Resources Minister; or\n\t(ii)\twithout the concurrence of the Water Resources Minister (which concurrence may be given on such conditions as the Water Resources Minister thinks fit);\n\t(b)\tempower the Water Resources Minister to direct the Authority—\n\t(i)\tto refuse the application; or\n\t(ii)\tif the Authority decides to grant the application—to impose such conditions as the Water Resources Minister thinks fit,\n(and the Authority must comply with any such direction).\n\t(7)\tWhere the Authority acting by direction of the Water Resources Minister refuses an application or imposes conditions in respect of an environmental authorisation, the Authority must notify the applicant that the application was refused, or the conditions imposed, by direction under this section.\n\t(8)\tWhere a refusal or condition referred to in subsection (7) is appealed against to the Environment, Resources and Development Court under this Act, the Water Resources Minister will be a party to the appeal.\n\t(9)\tThe Water Resources Minister may, by notice in writing, instruct the Authority to refer an application of a kind referred to in subsection (1) in respect of an activity that is to be undertaken in the region of a regional landscape board to the board instead of to the Minister and in that event references to the Water Resources Minister in this section and in a regulation made under this section will be taken to be references to the board.\n64A—Action by Minister in case of unauthorised release of pollutant\n\t(1)\tWhere the Minister knows of, or has reason to suspect, the unauthorised entry of a pollutant into surface or underground water in a water protection area and is of the opinion that the pollutant has degraded or is likely to degrade the water, the Minister may, by notice served on the owner or occupier of the land, or the owner of the vessel or aircraft, from which the pollutant entered the water, direct the owner or occupier of the land or the owner of the vessel or aircraft to take such action as the Minister specifies in the notice—\n\t(a)\tto prevent further entry of a pollutant into the water or any other water;\n\t(b)\tto remove a pollutant that has entered the water from the water or from land on which the pollutant has been deposited.\n\t(2)\tA person on whom a notice has been served is entitled to enter any land in order to comply with the notice.\n\t(3)\tIf the person on whom a notice has been served fails to comply with the notice, the Minister may enter the land, vessel or aircraft and take the action specified in the notice and such other action as the Minister considers appropriate in the circumstances and the Minister's costs will be a debt due by the person to the Minister.\n\t(4)\tIn an emergency the Minister is not obliged to serve notice under subsection (1) but may enter the land, vessel or aircraft and take such action as the Minister considers appropriate in the circumstances and the Minister's costs will be a debt due to the Minister by the owner and occupier of the land or the owner of the vessel or aircraft.\n64B—Risk of escape of pollutant from land etc\n\t(1)\tWhere the Minister is of the opinion that precautions should be taken to ensure that a pollutant on or under any land or on any vessel or aircraft does not enter any surface or underground water in a water protection area, the Minister may by notice served on the owner or occupier of the land or the owner of the vessel or aircraft direct him or her to take such action (to be specified in the notice) as the Minister considers necessary or desirable.\n\t(2)\tA person who fails to comply with a notice under subsection (1) is guilty of an offence.\nIf the offender is a body corporate—$120 000.\nIf the offender is a natural person—$75 000.\n\t(3)\tWhere a person on whom a notice has been served fails to comply with the notice, the Minister may enter the land, vessel or aircraft and take the action specified in the notice and such other action as the Minister considers appropriate in the circumstances and the Minister's costs will be a debt due by the person to the Minister.\n64C—Delegation of powers under sections 64A and 64B\n\t(1)\tThe Minister may delegate any of his or her powers under section 64A or 64B to any person or body.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to exercise any of those powers; and\n\t(d)\tis revocable at will by the Minister.\n64D—Costs to be a charge on land\n\t(1)\tWhere costs are a debt due by a person to the Minister or to a delegate of the Minister under section 64A(3) or (4) or 64B(3)—\n\t(a)\tthe Minister or delegate may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister or delegate on any land owned by the person in relation to which the costs are due under section 64A or 64B.\n\t(2)\tA charge imposed on land by this section has priority over—\n\t(a)\tany prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to service of the notice referred to in subsection (1)(a) on the owner of the land.\nDivision 2—Beverage containers\n64E—Outline of Division\n\t(1)\tThis Division establishes a litter control and waste management system for beverage containers through a regulatory scheme that has the following general features:\n\t(a)\tbeverage containers are prohibited from sale in the State unless approved by the Authority as category A or category B containers or exempted;\n\t(b)\tempty category A containers bearing an approved refund marking are returnable to retailers of such containers for a refund;\n\t(c)\tempty category B containers bearing an approved refund marking are returnable to collection depots for a refund;\n\t(d)\tthe operators of collection depots and persons carrying on business as super collectors must be approved by the Authority under this Division;\n\t(e)\tthe Authority has power to attach conditions to approvals under this Division to ensure the reuse, recycling or other appropriate disposal of returned containers.\n\t(2)\tThis Division also, for the protection of the environment, prohibits the sale or supply of beverages in certain containers.\n65—Interpretation\nIn this Division—\napproved collection depot, means a collection depot in respect of which an approval under section 69 is in force;\napproved refund marking, in relation to containers of a particular class, means a marking specified by the Authority as a condition of an approval under section 68 for containers of that class indicating the refund amount for the containers;\nbeverage means a liquid intended for human consumption by drinking but does not include a liquid of a kind excluded from the ambit of this definition by the regulations;\ncategory A container means a container of a class approved by the Authority under section 68 as category A containers, being a container that may, subject to this Division, be presented for a refund at a place in the State where beverages are sold by retail in containers of that class;\ncategory B container means a container of a class approved by the Authority under section 68 as category B containers, being a container that may, subject to this Division, be presented at a collection depot for a refund;\ncollection depot means a facility or premises for the collection and handling of category B containers delivered to the facility or premises in consideration of the payment of refund amounts, and includes a facility or premises of a kind prescribed by regulation;\ncontainer means—\n\t(a)\ta container that—\n\t(i)\tis made for the purpose of containing a beverage; and\n\t(ii)\twhen filled with the beverage, is sealed for the purposes of storage, transport and handling prior to its sale or delivery for the use or consumption of its contents; or\n\t(b)\ta container of a kind prescribed by regulation;\ncorresponding law means a law of another State or a Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Division;\nFood Standards Code has the same meaning as in the Food Act 2001;\nglass container means a container made of glass whether alone or in combination with any other substance or thing;\nrefund amount, in relation to a container of a particular class, means an amount prescribed as the refund amount for containers of that class;\nretailer means a person whose business is or includes that of selling a beverage for the purpose of the use or consumption of that beverage and, in the case of such sale by means of a vending machine, includes the owner of that vending machine unless the owner has let out the machine on hire to some other person, in which case the expression includes that other person;\nspirituous liquor means—\n\t(a)\ta liqueur or other alcoholic beverage produced by distillation (for example, brandy, gin, rum, vodka or whisky); or\n\t(b)\ta beverage of a kind prescribed by regulation,\n\t(c)\ta pre‑mixed beverage containing a beverage referred to in paragraph (a) or (b) and another beverage; or\n\t(d)\ta pre‑mixed beverage of a kind excluded from the ambit of this definition by the regulations;\nsuper collector means—\n\t(a)\ta person who, whether personally or through an agent, collects, handles and delivers for reuse, recycling or other disposal, containers received from collection depots; or\n\t(b)\ta person who carries on activities of a kind prescribed by regulation;\nwaste management arrangement, in relation to containers of a particular class, means an arrangement for the collection, sorting and aggregation of containers of that class when empty and their reuse, recycling or other disposal;\nwine means—\n\t(a)\ta beverage produced by fermentation of grapes (whether or not with additives permitted under Standard 2.7.4 of the Food Standards Code); or\n\t(b)\ta beverage that is a blend of a beverage referred to in paragraph (a) and other grape products; or\n\t(c)\ta beverage of a kind prescribed by regulation,\n\t(d)\ta pre‑mixed beverage containing a beverage referred to in paragraph (a), (b) or (c) and another beverage that is not a grape product; or\n\t(e)\ta pre‑mixed beverage of a kind excluded from the ambit of this definition by the regulations.\n66—Division not to apply to certain containers\nThis Division does not apply to glass containers made for the purpose of containing wine or spirituous liquor.\n67—Exemption of certain containers by regulation\nThe Governor may, by regulation, exempt containers of a specified class from the application of this Division, or specified provisions of this Division, either unconditionally or subject to conditions specified in the regulations.\n68—Approval of classes of containers as category A or category B containers\n\t(1)\tAn application may be made (whether by a manufacturer, distributor or retailer of containers) to the Authority for approval of a class of containers as category A containers or category B containers. \n\t(2)\tAn application for an approval under this section—\n\t(a)\tmust be made in a manner and form determined by the Authority; and\n\t(b)\tmust be accompanied by the prescribed fee; and\n\t(c)\tmust, on request by the Authority, be accompanied by additional information to enable the Authority to determine the application.\n\t(3)\tAn approval under this section—\n\t(a)\tmust be granted subject to the following conditions:\n\t(i)\tthat containers of the class to which the approval relates must bear the refund marking specified by the Authority for containers of that class;\n\t(ii)\tthat the holder of the approval must have in place an effective and appropriate waste management arrangement in relation to containers of that class;\n\t(iii)\tin the case of an approval in relation to category B containers—that the waste management arrangement must require the holder of the approval to provide specified super collectors with a declaration in the form determined by the Authority in relation to each sale of such containers by the holder of the approval as soon as practicable after the sale; and\n\t(b)\tmay be granted subject to any other conditions the Authority thinks fit; and\n\t(c)\tmust be notified in the Gazette.\n\t(4)\tWithout limiting the grounds on which the Authority may refuse an application for an approval under this section, the Authority may refuse such an application if satisfied that—\n\t(a)\tthe container material (including the labelling or refund marking) is unsuitable for recycling, reuse or other disposal considered appropriate by the Authority; or\n\t(b)\tthe manner of application of the labelling or refund marking proposed in respect of the class of containers is likely to render the containers unsuitable for recycling, reuse or other disposal considered appropriate by the Authority; or\n\t(c)\tthere is no ongoing, effective and appropriate waste management arrangement in place in relation to the class of containers.\n\t(5)\tIf the Authority refuses an application for an approval under this section, it must give the applicant written notice of the refusal and the reasons for the refusal.\n\t(6)\tThe Authority may, on its own initiative or on application, by notice in the Gazette, vary an approval under this section or vary or revoke a condition of such an approval or impose a condition or further condition.\n\t(7)\tThe Authority may, by notice in the Gazette, revoke an approval under this section if satisfied that a condition of the approval has been contravened.\n\t(8)\tBefore the Authority revokes an approval under subsection (7), the Authority must—\n\t(a)\tgive the holder of the approval written notice of its proposed action specifying reasons for the proposed action; and\n\t(b)\tallow the holder of the approval at least 14 days within which to make submissions to the Authority in relation to the proposed action.\n\t(9)\tA notice under this section—\n\t(a)\tmust, in the case of a notice of approval, specify—\n\t(i)\tthe class of containers to which the approval relates by reference to the manufacturer or distributor of the containers and any 1 or more of the following:\n\t(A)\tproduct name;\n\t(B)\tcontainer contents when full;\n\t(C)\tcontainer capacity;\n\t(D)\tcontainer material;\n\t(E)\tany other factor considered relevant by the Authority;\n\t(ii)\tthe conditions of the approval; and\n\t(b)\tmay contain transitional provisions as to the operation of this Division in relation to containers that are—\n\t(i)\theld by manufacturers, distributors or retailers for sale; or\n\t(ii)\tsold but remaining to be returned as empty containers under this Division; and\n\t(c)\thas effect from the date of publication of the notice or a future date specified in the notice.\n69—Approval of collection depots and super collectors\n\t(1)\tA person must not—\n\t(a)\toperate a collection depot; or\n\t(b)\tcarry on business as a super collector,\nwithout the approval of the Authority.\n\t(a)\tin the case of a body corporate—$60 000;\n\t(b)\tin the case of a natural person—$30 000.\n\t(2)\tAn application for an approval under this section—\n\t(a)\tmust be made in a manner and form determined by the Authority; and\n\t(b)\tmust be accompanied by the prescribed fee; and\n\t(c)\tmust, on request by the Authority, be accompanied by additional information to enable the Authority to determine the application.\n\t(3)\tThe Authority may, in determining—\n\t(a)\tan application for an approval under this section; or\n\t(b)\twhat should be the conditions of such an approval,\nhave regard to the need for a sustainable waste management system for containers and, in particular, for that purpose, the need for—\n\t(c)\tongoing, effective and appropriate waste management arrangements in relation to the classes of containers proposed to be handled under the approval; and\n\t(d)\teffective processes for resolving disputes between the parties to those arrangements.\n\t(4)\tAn approval under this section may be granted unconditionally or subject to conditions and must be notified (together with any conditions) in the Gazette.\n\t(5)\tIf the Authority refuses an application for an approval under this section, the Authority must give the applicant written notice of the refusal and the reasons for the refusal.\n\t(6)\tThe Authority may, on its own initiative or on application, by notice in the Gazette, vary an approval under this section or impose, vary or revoke a condition of an approval.\n\t(7)\tThe Authority may, by notice in the Gazette, revoke an approval under this section if satisfied that a condition of the approval has been contravened.\n\t(8)\tBefore the Authority acts on its own initiative under subsection (6) or acts under subsection (7), the Authority must—\n\t(a)\tnotify the holder of the approval in writing of its proposed action specifying reasons for the proposed action; and\n\t(b)\tallow the holder of the approval at least 14 days within which to make submissions to the Authority in relation to the proposed action.\n\t(9)\tA notice under this section has effect from the date of publication of the notice in the Gazette or a future date specified in the notice.\n69A—Annual fees and returns for collection depots and super collectors\n\t(1)\tThe holder of an approval to operate a collection depot or carry on business as a super collector must—\n\t(a)\tin each year, lodge with the Authority, before the date fixed by regulation, an annual return containing the information required by the Authority by condition of the approval or by notice in writing; and\n\t(b)\tin each year other than a year in which the approval is due to expire, pay to the Authority, before the date fixed by regulation, the fee fixed by regulation.\n\t(2)\tIf a person fails to lodge a return or pay a fee in accordance with this section, the Authority may, by notice in writing, require the person to make good the default and, in addition, to pay to the Authority the amount fixed by regulation as a penalty for default.\n\t(3)\tIf a person fails to comply with the notice within 14 days after the giving of the notice, the approval is suspended until the notice is complied with.\n\t(4)\tIf a person fails to comply with the notice within 6 months after the giving of the notice, the approval is revoked.\n\t(5)\tThe Authority must cause written notice of the suspension or revocation under this section to be given to the person.\n\t(6)\tAn annual fee (including a penalty for default) payable under this section is recoverable by the Authority as a debt due to the Authority.\n69B—Sale and supply of beverages in containers\n\t(1)\tA retailer must not sell a beverage in a container unless the container—\n\t(a)\tis a category A or category B container; and\n\t(b)\tbears the approved refund marking for containers of that class.\n\t(2)\tA person must not—\n\t(a)\tsupply a beverage in a container to a retailer for sale by the retailer; or\n\t(b)\tsell a beverage in a container for consumption,\nunless the container is a category A or category B container and bears the approved refund marking for containers of that class.\n\t(3)\tA person must not—\n\t(a)\tsupply a beverage in a container bearing a refund marking to a distributor or retailer for sale by the distributor or retailer; or\n\t(b)\tsell a beverage in a container bearing a refund marking for consumption,\nknowing that there is no waste management arrangement in place in relation to the container.\nMaximum penalty: $30 000.\n69C—Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction\n\t(1)\tA person must not present to a retailer, the operator of a collection depot or a person carrying on business as a super collector, for the purpose of claiming refund amounts, containers that the person knows or has reason to believe were not purchased in this State or a jurisdiction in which a corresponding law is in force.\nMaximum penalty: $30 000.\n\t(2)\tSubject to subsection (3), a retailer, the operator of a collection depot or a person carrying on business as a super collector may request any person presenting containers for the purpose of claiming refund amounts to complete a declaration in the form prescribed by regulation for the purposes of this section stating that the person has no reason to believe that the containers were not purchased in this State or a jurisdiction in which a corresponding law is in force.\n\t(3)\tIf, within any 48 hour period, a person presents to a retailer or the operator of a collection depot 3 000 or more containers for the purpose of claiming refund amounts, the retailer or operator must request the person to complete a declaration of a kind referred to in subsection (2).\n\t(4)\tA retailer, the operator of a collection depot or a person carrying on business as a super collector must—\n\t(a)\tkeep each declaration made under this section (or copy of the declaration) at his or her place of business in the State for 3 years from the date of the declaration; and\n\t(b)\thave the document readily available for inspection at all reasonable times by an authorised officer.\n69D—Offence to contravene condition of beverage container approval\nThe holder of a beverage container approval must not contravene a condition of the approval.\n70—Retailers to pay refund amounts for certain empty category A containers\n\t(1)\tSubject to subsection (2), a retailer who sells a beverage in category A containers of a particular class must not refuse or fail, or permit a person acting on the retailer's behalf to refuse or fail—\n\t(a)\tto accept delivery of empty containers of that class that bear the approved refund marking, or a former approved refund marking, for containers of that class; or\n\t(b)\tin respect of each such container, to pay to the person delivering that container the refund amount for that container.\n\t(2)\tA retailer or a person acting on the retailer's behalf may refuse or fail to accept delivery of a container if—\n\t(a)\tthe container is in an unclean condition; or\n\t(b)\the or she reasonably believes the container was not purchased in this State or in a jurisdiction in which a corresponding law is in force; or\n\t(c)\tthe retailer or person acting on the retailer's behalf has made a request for a declaration under section 69C(2) or (3) in respect of the container and the request has been refused.\n\t(3)\tIn proceedings for an offence against subsection (1), an allegation in the complaint that the retailer sells beverages in containers of a particular class is, in the absence of proof to the contrary, proof of the matter so alleged.\n71—Collection depots to pay refund amounts for certain empty category B containers\n\t(1)\tSubject to subsection (2), the operator of an approved collection depot must not refuse or fail, or permit a person acting on his or her behalf to refuse or fail—\n\t(a)\tto accept delivery of empty category B containers that bear the approved refund marking, or a former approved refund marking, for containers of that class; or\n\t(b)\tin respect of each such container, to pay to the person delivering that container the refund amount for that container.\n\t(2)\tThe operator of an approved collection depot or a person acting on his or her behalf may refuse or fail to accept delivery of a container if—\n\t(a)\tthe approval of the operator of the depot is subject to a condition limiting the operation of the depot to the receipt of category B containers of a specified class and the container does not belong to that class; or\n\t(b)\tthe container is in an unclean condition; or\n\t(c)\the or she reasonably believes the container was not purchased in this State or in a jurisdiction in which a corresponding law is in force; or\n\t(d)\tthe operator of the collection depot or a person acting on his or her behalf has made a request for a declaration under section 69C(2) or (3) in respect of the container and the request has been refused.\n71A—Manner of payment of refund amounts\nA person who is required under this Division to pay a refund amount for a container must pay the amount—\n\t(a)\tin the case of a refund amount dispensed from a reverse vending machine—\n\t(i)\tin cash; or\n\t(ii)\tby way of credit note redeemable for cash; or\n\t(iii)\tin a manner prescribed by regulation; or\n\t(b)\tin any other case—\n\t(i)\tunless subparagraph (ii) applies, in cash; or\n\t(ii)\tif the person to whom the refund amount is payable agrees—\n\t(A)\tby way of electronic funds transfer to a bank account or credit card account; or\n\t(B)\tin a manner prescribed by regulation.\n72—Certain containers prohibited\n\t(1)\tIn this section—\nprohibited container means—\n\t(a)\ta sealed container (commonly known as a \"ring pull container\") that is wholly or mainly constructed of metal (whether or not of more than one kind of metal) and capable of being opened, without the aid of any instrument, by the removal of portion of the container in such a manner as results or may result in severance from the body of the container of the portion so removed; or\n\t(b)\ta sealed glass container of a prescribed kind in which the contents are held under pressure; or\n\t(c)\ta plastic container of a class prescribed as prohibited containers.\n\t(2)\tThe Governor may not make a regulation prescribing a class of plastic containers as prohibited containers for the purposes of paragraph (c) of the definition of prohibited container in subsection (1) unless satisfied that an effective system of resource recovery of the containers—\n\t(a)\tis not assured in advance of introduction of the containers to the market; or\n\t(b)\thas not been established or maintained following the introduction of the containers to the market.\n\t(3)\tA retailer must not sell a beverage in a prohibited container.\n\t(4)\tA person must not—\n\t(a)\tsupply a beverage in a prohibited container to a retailer for sale by the retailer; or\n\t(b)\tsell a beverage in a prohibited container for consumption.\n73—Evidentiary provisions\nIn proceedings for an offence against this Division, an allegation in the complaint that—\n\t(a)\ta specified liquid was a beverage; or\n\t(b)\ta specified container was a glass container,\nis, in the absence of proof to the contrary, proof of the matter so alleged.\n","sortOrder":16},{"sectionNumber":"Part 9","sectionType":"part","heading":"General offences","content":"Part 9—General offences\n79—Causing serious environmental harm\n\t(1)\tA person who causes serious environmental harm by polluting the environment intentionally or recklessly and with the knowledge that environmental harm will or might result is guilty of an offence.\n\t(a)\tin the case of a body corporate—$2 000 000;\n\t(b)\tin the case of a natural person—$500 000 or imprisonment for 4 years, or both.\n\t(2)\tA person who by polluting the environment causes serious environmental harm is guilty of an offence.\n\t(a)\tin the case of a body corporate—$500 000;\n\t(b)\tin the case of a natural person—$250 000.\n\t(3)\tIf in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.\n80—Causing material environmental harm\n\t(1)\tA person who causes material environmental harm by polluting the environment intentionally or recklessly and with the knowledge that environmental harm will or might result is guilty of an offence.\n\t(a)\tin the case of a body corporate—$500 000;\n\t(b)\tin the case of a natural person—$250 000 or imprisonment for 2 years, or both.\n\t(2)\tA person who by polluting the environment causes material environmental harm is guilty of an offence.\n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of a natural person—$150 000.\n\t(3)\tIf in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.\n81—Alternative finding\nIf in proceedings for an offence against this Part of causing serious environmental harm the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part of causing material environmental harm, the court may find the defendant guilty of the latter offence.\n82—Causing environmental nuisance\n\t(1)\tA person who causes an environmental nuisance by polluting the environment intentionally or recklessly and with the knowledge that an environmental nuisance will or might result is guilty of an offence.\n\t(b)\tin the case of a natural person—$30 000.\n\t(2)\tA person who by polluting the environment causes an environmental nuisance is guilty of an offence.\n\t(a)\tin the case of a body corporate—$15 000;\n\t(b)\tin the case of a natural person—$4 000.\n83—Notification where serious or material environmental harm caused or threatened\n\t(1)\tIf serious or material environmental harm from pollution is caused or threatened in the course of an activity undertaken by a person, the person must, as soon as reasonably practicable after becoming aware of the harm or threatened harm, notify the Authority of the harm or threatened harm, its nature, the circumstances in which it occurred and the action taken to deal with it.\n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of a natural person—$150 000.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\ta person is not required to notify the Authority of harm or threatened harm if the person has reason to believe that the harm or threatened harm has already come to the notice of the Authority or any officer engaged in the administration or enforcement of this Act; but\n\t(b)\ta person is required to notify the Authority of harm or threatened harm despite the fact that to do so might incriminate the person or make the person liable to a penalty.\n\t(3)\tAny notification given by a person in compliance with this section is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n83A—Notification of site contamination of underground water\n\t(1)\tThis section applies to—\n\t(a)\tan owner or occupier of a site; or\n\t(b)\ta site contamination auditor or a site contamination consultant engaged for the purposes of making determinations or assessments in relation to site contamination on or below the surface of a site.\n\t(2)\tA person to whom this section applies must notify the Authority in writing as soon as reasonably practicable after becoming aware of the existence of site contamination at the site or in the vicinity of the site (whether arising before or after the commencement of this section) that affects or threatens water occurring naturally under the ground or introduced to an aquifer or other area under the ground.\n\t(3)\tThe notification must—\n\t(a)\tdescribe the location of the site contamination sufficient to identify it; and\n\t(b)\tinclude the information known to the person about the nature and extent of the site contamination.\n\t(4)\tFor the purposes of this section—\n\t(a)\ta person is not required to notify the Authority of a matter if the person has reason to believe that the matter has already come to the notice of the Authority or an officer engaged in the administration or enforcement of this Act; but\n\t(b)\ta person is required to notify the Authority of a matter despite the fact that to do so might incriminate the person or make the person liable to a penalty.\n\t(5)\tA notification given by a person in compliance with this section is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n84—Defence where alleged contravention of Part\n\t(1)\tIn any proceedings (criminal or civil) where it is alleged that a person contravened this Part, it will be a defence—\n\t(i)\tmaximum pollution levels were fixed for the particular pollutant and form of pollution concerned in the alleged contravention by mandatory provisions of an environment protection policy or conditions of an environmental authorisation held by the person, or both; and\n\t(ii)\tit is proved that the person did not by so polluting the environment contravene the mandatory provisions or conditions; or\n\t(i)\tan environment protection policy or conditions of an environmental authorisation provided that compliance with specified provisions of the policy or with specified conditions of the authorisation would satisfy the general environmental duty in relation to the form of pollution concerned in the alleged contravention; and\n\t(ii)\tit is proved that the person complied with the provisions or with such conditions of an authorisation held by the person; or\n\t(c)\tif it is proved that the pollution resulted in actual or potential harm only to that person or that person's property, or to some other person or some other person's property with that other person's consent.\n\t(1a)\tSubsection (1)(c) does not apply where—\n\t(a)\tthe property harmed comprises water occurring naturally above or under the ground or water introduced to an aquifer or other area under the ground; or\n\t(b)\tthe pollution resulted in site contamination.\n\t(2)\tThe defences provided by this section are in addition to and do not derogate from the general defence under Part 15.\n","sortOrder":17},{"sectionNumber":"Part 10","sectionType":"part","heading":"Enforcement","content":"Part 10—Enforcement\nDivision 1—Authorised officers and their powers\n85—Appointment of authorised officers\n\t(1)\tThe Authority may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tAll members of the police force are authorised officers for the purposes of this Act.\n\t(3)\tA council may appoint as authorised officers specified officers or employees of the council, or officers or employees of the council of a specified class.\n\t(4)\tAn appointment—\n\t(a)\tmay be made subject to conditions specified in the instrument of appointment; and\n\t(b)\tis, in the case of an appointment by a council or other appointment of a prescribed class, subject to conditions prescribed by regulation.\n\t(5)\tThe Authority or a council may, at any time, revoke an appointment made by the Authority or council, or vary or revoke a condition specified in the instrument of such an appointment or impose a further such condition.\n85A—Senior authorised officers\n\t(1)\tAn authorised officer holding appointment under section 85(1) may be appointed by the Authority as a senior authorised officer for the purposes of section 88A by endorsement to that effect in the officer's instrument of appointment.\n\t(2)\tThe endorsement may be subject to such conditions as the Authority thinks fit and specifies in the endorsement.\n\t(3)\tThe Authority may, at any time, revoke the endorsement, or vary or revoke a condition specified in the endorsement or impose a further such condition.\n86—Identification of authorised officers\n\t(1)\tAn authorised officer, other than a member of the police force, must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act.\n\t(2)\tWhere the powers of an authorised officer have been limited by conditions under this Division or Division 1 of Part 8, the identity card issued to the authorised officer must contain a statement of the limitation on the officer's powers.\n\t(3)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person—\n\t(a)\tin the case of an authorised officer who is a member of the police force and is not in uniform—his or her certificate of authority; or\n\t(b)\tin the case of an authorised officer who is not a member of the police force—his or her identity card.\n87—Powers of authorised officers\n\t(1)\tSubject to this Division, an authorised officer may—\n\t(a)\tenter and inspect any place or vehicle for any reasonable purpose connected with the administration or enforcement of this Act;\n\t(b)\twith the authority of a warrant issued under this Division or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any place or vehicle;\n\t(c)\tgive directions with respect to the stopping or movement of a vehicle as reasonably required in connection with the administration or enforcement of this Act;\n\t(d)\ttake and remove samples of any substance or thing from any place or vehicle for analysis as reasonably required in connection with the administration or enforcement of this Act;\n\t(e)\trequire any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act;\n\t(f)\texamine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;\n\t(g)\ttake photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act;\n\t(h)\texamine or test any plant, equipment, vehicle or other thing as reasonably required in connection with the administration or enforcement of this Act, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing;\n\t(i)\tseize and retain, or issue a seizure order in respect of, anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act;\n\t(ia)\ttake onto or into any place or vehicle, and use, any equipment or apparatus (such as drilling, boring, earth-moving, testing, measuring, photographic, film, audio, video or other recording equipment or apparatus) as reasonably required in connection with the administration or enforcement of this Act;\n\t(j)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(k)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(l)\trequire a person holding or required to hold an environmental authorisation to produce it for inspection;\n\t(m)\tgive any directions reasonably required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tAn authorised officer may not exercise the power of entry under this section in respect of premises except where—\n\t(a)\tthe premises are business premises being used at the time in the course of business; or\n\t(b)\tthe authorised officer reasonably suspects that—\n\t(i)\ta contravention of this Act has been, is being, or is about to be, committed in the premises; or\n\t(ii)\tsomething may be found in the premises that has been used in, or constitutes evidence of, a contravention of this Act; or\n\t(c)\tthe exercise of the power is reasonably required for the purposes of assessing the existence or causes of known or suspected site contamination; or\n\t(d)\tconstruction, demolition, excavation or other earthworks, or any activity carried out in preparation for construction, demolition, excavation or other earthworks, is being or has been carried on at the premises and—\n\t(i)\tthe works or activity has or may have disturbed, uncovered or produced waste or pollutants of a kind prescribed by regulation; or\n\t(ii)\ta potentially contaminating activity of a kind prescribed by regulation has previously taken place there.\n\t(3)\tAn authorised officer may not exercise the power to enter or inspect, or to seize, a vehicle except—\n\t(a)\tin relation to a vehicle of a class prescribed by regulation; or\n\t(b)\twhere the authorised officer reasonably suspects that—\n\t(i)\ta contravention of this Act has been, is being, or is about to be, committed in relation to the vehicle; or\n\t(ii)\tsomething may be found in or on the vehicle that has been used in, or constitutes evidence of, a contravention of this Act.\n\t(4)\tWhere—\n\t(a)\ta person whose native language is not English is suspected of having committed an offence against this Act; and\n\t(b)\tthe person is not reasonably fluent in English,\n\t(c)\tthe person is entitled to be assisted by an interpreter during any questioning conducted by an authorised officer in the course of an investigation of the suspected offence;\n\t(d)\twhere it appears that the person may be entitled to be assisted by an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until the person has been informed of the right to an interpreter;\n\t(e)\tif the person requests the assistance of an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until an interpreter is present.\n\t(5)\tIn the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.\n\t(6)\tAn authorised officer may require an occupier of any place or a person apparently in charge of any plant, equipment, vehicle or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.\n\t(7)\tWhere a person gives assistance to an authorised officer as required under subsection (6), the person must, if he or she so requires, be reimbursed by the authorised officer or the Authority for any reasonable costs and expenses incurred in giving the assistance.\n\t(8)\tAn authorised officer appointed by a council may only exercise powers under this Act—\n\t(a)\twithin the area of the council; and\n\t(b)\twithin the area of any other council to the extent agreed to, in writing, by the other council.\n\t(9)\tWhere the exercise of a power under this section (other than a power exercised with the authority of a warrant) results in any damage, the Authority or, if the power was exercised by an authorised officer appointed by a council, the council must make good the damage as soon as is reasonably practicable or pay reasonable compensation for the damage.\n\t(10)\tIn this section—\nconstruction includes alteration or refurbishment.\n88—Warrants other than special powers warrants\n\t(1)\tWhere, on the application of an authorised officer, a magistrate is satisfied that there are reasonable grounds to believe—\n\t(a)\tthat a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or\n\t(b)\tthat something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or\n\t(c)\tthat site contamination may exist in a place or something may be found in a place that constitutes evidence of a cause of site contamination,\nthe magistrate may issue a warrant in respect of the place or vehicle authorising an authorised officer, with such assistants as he or she consider necessary, to use reasonable force to break into or open any part of, or anything in or on, the place or vehicle as specified in the warrant.\n\t(2)\tAn application for the issue of a warrant may be made either personally or by telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tAn application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally.\n\t(5)\tWhere an application for the issue of a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the magistrate of his or her name and identify himself or herself as an authorised officer, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer;\n\t(b)\tthe applicant must inform the magistrate of the grounds on which he or she seeks the issue of the warrant;\n\t(c)\tif it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the magistrate must inform the applicant of the facts on which he or she relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant;\n\t(e)\tthe warrant will be taken to have been issued, and will come into force, when signed by the magistrate;\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(6)\tA magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Environment, Resources and Development Court.\n\t(7)\tAn authorised officer who executes a warrant must, as soon as practicable after execution of the warrant—\n\t(a)\tprepare a notice in the prescribed form containing—\n\t(i)\this or her own name and a statement that he or she is an authorised officer under this Act; and\n\t(ii)\tthe name of the magistrate who issued the warrant and the date and time of its issue; and\n\t(iii)\ta description of the place or vehicle to which the warrant relates and of the authority conferred by the warrant; and\n\t(b)\tgive the notice to the occupier or person apparently in charge of the place or vehicle in respect of which the warrant was issued or leave it for him or her in a prominent position on the place or vehicle.\n\t(8)\tA warrant, if not executed at the expiration of one month from the date of its issue, then expires.\n\t(9)\tThis section does not apply in relation to a special powers warrant issued under section 88A.\n88A—Powers of senior authorised officers to investigate illegal dumping etc\n\t(1)\tA senior authorised officer appointed under section 85A may apply to a judge of the Supreme Court for a warrant authorising the exercise of powers under this section (a special powers warrant).\n\t(2)\tSubject to subsection (8), the application must be made by the senior authorised officer appearing personally before the judge following the lodging of a written application.\n\t(3)\tThe grounds of the application must be verified by affidavit.\n\t(4)\tThe judge may require further information to be given in relation to the application.\n\t(5)\tThe judge may issue a special powers warrant if satisfied that—\n\t(a)\tthere are reasonable grounds to believe that—\n\t(i)\ta contravention of this Act has been, is being, or is about to be, committed in or in relation to premises or a vehicle; or\n\t(ii)\tsomething may be found in premises or in or on a vehicle that constitutes or may constitute, or will or may give rise to, evidence of a contravention of this Act,\n(whether or not committed at the premises or in connection with the vehicle) in relation to the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter; and\n\t(b)\tit is reasonable to do so, taking into account—\n\t(i)\tthe extent to which the privacy of a person would be likely to be interfered with by the use of powers under the warrant; and\n\t(ii)\tthe gravity of the criminal conduct to which the investigation relates; and\n\t(iii)\tthe significance to the investigation of the information sought to be obtained; and\n\t(iv)\tthe likely effectiveness of the use of the powers authorised by the warrant in obtaining the information sought; and\n\t(v)\tthe availability of alternative means of obtaining the information; and\n\t(vi)\tany other warrants under this Act applied for or issued in relation to the same matter; and\n\t(vii)\tany other matter that the judge considers relevant.\n\t(6)\tA special powers warrant—\n\t(a)\tmust specify the name of the senior authorised officer on whom the powers under the warrant are conferred (or, if the judge considers that specifying the name may endanger the officer's safety, a code name allocated to the officer by the judge); and\n\t(b)\tmay authorise the exercise of any 1 or more of the following powers (as specified in the warrant):\n\t(i)\tthe power to mark waste or other matter found in specified premises or in or on a specified vehicle or class of vehicle by—\n\t(A)\tspraying or brushing paint or any other identifying substance onto the waste or matter; or\n\t(B)\tspraying, brushing or placing microdots or similar identifying objects onto or with the waste or matter; or\n\t(C)\tplacing any other identifying objects with the waste or matter,\n(to enable the subsequent identification of the waste or matter at another place following its movement there); or\n\t(ii)\tthe power to install a camera in, on or in relation to, specified premises or a specified vehicle or class of vehicle or thing and use or maintain it or cause it to be used or maintained as so installed for a specified period; or\n\t(iii)\tthe power to install a GPS device in, on or in relation to a specified vehicle or class of vehicle or specified waste or matter or a specified class of waste or matter and use or maintain it or cause it to be used or maintained as so installed for a specified period; or\n\t(iv)\tthe power to retrieve a substance, object or equipment placed or installed, or any waste or matter marked, under a previous subparagraph; and\n\t(c)\tmust specify the period for which the warrant will be in force (being a period not longer than 90 days); and\n\t(d)\tmay specify such other conditions, limitations or matters as the judge thinks fit; and\n\t(e)\tmay, on application by a senior authorised officer, be varied or renewed (and this section will apply in relation to such an application in the same way as if it were an application for the issue of the warrant).\n\t(7)\tSubject to any conditions or limitations specified in a special powers warrant—\n\t(a)\tthe warrant will be taken to authorise the senior authorised officer to enter or interfere with any premises, vehicle or thing as reasonably required to exercise the powers specified in the warrant; and\n\t(b)\tthe authority under the warrant to enter or interfere with any premises, vehicle or thing will be taken to include the authority—\n\t(i)\tto use reasonable force or subterfuge for that purpose; and\n\t(ii)\tto take any action reasonably required in respect of the premises, vehicle or thing for the purpose of placing, installing, using, maintaining or retrieving a substance, object or equipment to which the warrant relates; and\n\t(iii)\tto extract and use electricity for taking that action or for the use of the substance, object or equipment; and\n\t(c)\tthe authority under the warrant to enter specified premises will be taken to include the authority—\n\t(i)\tto exercise any of the powers in sections 87(1)(c) to (m) (inclusive) and 87(6) in relation to the premises, vehicle or thing (subject to the requirement in section 87(7)); and\n\t(ii)\tto exercise non‑forcible passage through adjoining or nearby premises (but not through the interior of any building or structure) as reasonably required for the purpose of gaining entry to those specified premises; and\n\t(d)\tthe powers conferred by the warrant may be exercised by the senior authorised officer at any time and with such assistants as the officer considers necessary.\n\t(8)\tIf, in the opinion of the applicant, a special powers warrant is urgently required and it is impracticable in the circumstances to make the application personally, the application may be made—\n\t(a)\tby telephone in accordance with subsection (9); or\n\t(b)\tby fax, email or other electronic means in accordance with subsection (10).\n\t(9)\tIf an application is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the judge of—\n\t(i)\tthe applicant's name and position in the Authority\n(and the judge, on receiving that information, is entitled to assume its accuracy without further inquiry); and\n\t(ii)\tthe nature of the powers proposed to be exercised under the warrant (including details of any substance, object or equipment proposed to be used); and\n\t(iii)\tthe proposed duration of the warrant; and\n\t(iv)\tthe circumstances giving rise to the necessity for the application to be made by telephone; and\n\t(v)\tthe grounds on which the warrant, or variation or renewal of the warrant, is sought;\n\t(b)\tthe judge may, on being satisfied as to the circumstances giving rise to the necessity for the application being made by telephone and the grounds for the issue of a special powers warrant, and on the applicant giving an undertaking to make an affidavit verifying the application, make out and sign the warrant;\n\t(c)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the judge;\n\t(d)\tthe judge must inform the applicant of the terms of the warrant;\n\t(e)\tthe applicant must fill out and sign a warrant form (a duplicate warrant) that—\n\t(i)\tsets out the name of the judge who issued the original warrant and the terms of the warrant; and\n\t(ii)\tcomplies with any other requirements prescribed by regulation;\n\t(f)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the judge an affidavit verifying the application and a copy of the duplicate warrant.\n\t(10)\tIf an application is made by fax, email or other electronic means, the following provisions apply:\n\t(a)\tthe application must specify—\n\t(i)\tthe applicant's name and position in the Authority; and\n\t(ii)\tthe nature of the powers proposed to be exercised under the warrant (including details of any substance, object or equipment proposed to be used); and\n\t(iii)\tthe proposed duration of the warrant; and\n\t(iv)\tthe circumstances giving rise to the necessity for the application to be made by the particular means; and\n\t(v)\tthe grounds on which the warrant, or variation or renewal of the warrant, is sought;\n\t(b)\tthe application must be accompanied (through fax, email or other electronic means) by an affidavit made by the applicant verifying the application;\n\t(c)\tthe applicant must be available to speak to the judge by telephone;\n\t(d)\tthe judge is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant during a telephone conversation with the judge is indeed the applicant;\n\t(e)\tthe judge may, on being satisfied as to the circumstances giving rise to the necessity for the application being made by fax, email or other electronic means and the grounds for the issue of a special powers warrant, make out and sign the warrant;\n\t(f)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the judge;\n\t(g)\tthe judge must forward the warrant to the applicant by fax, email or other electronic means.\n\t(11)\tIn this section—\nmicrodots means identification tags etched, coded or marked with unique identifiers (including identifiers that are discernible only on viewing under magnification).\n89—Provisions relating to seizure\n\t(1)\tA seizure order under this Division—\n\t(a)\tmust be in the form of a written notice served on the owner or person in control of the thing to which the order relates; and\n\t(b)\tmay be varied or revoked by further such written notice.\n\t(2)\tWhere a seizure order is issued under this Division, a person who removes or interferes with the thing to which the order relates without the approval of the Authority before an order is made under subsection (3)(b) in respect of the thing or the seizure order is discharged under subsection (3)(c) is guilty of an offence.\n\t(3)\tWhere a thing has been seized or made subject to a seizure order under this Division the following provisions apply:\n\t(a)\tthe thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the Authority, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Authority thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\twhere proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—\n\t(i)\torder that it be forfeited to the Authority; or\n\t(ii)\twhere it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Authority or that the person to whom it was released or the defendant pay to the Authority an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit;\n\t(c)\twhere—\n\t(i)\tproceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b),\nthen—\n\t(iii)\tin the case of a thing seized—the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Authority (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure; or\n\t(iv)\tin the case of a thing subject to a seizure order—the order is discharged.\n\t(4)\tIn subsection (3)—\nthe prescribed period means six months or such longer period as the Environment, Resources and Development Court may, on application by the Authority, allow.\n90—Offence to hinder etc authorised officers\n\t(1)\tA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\trefuses or fails to comply with a requirement or direction of an authorised officer under this Division; or\n\t(d)\twhen required by an authorised officer under this Division to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer or other person with powers under this Act,\nis guilty of an offence.\n\t(2)\tA person who assaults an authorised officer, or a person assisting an authorised officer in the exercise of powers under this Act, is guilty of an offence.\nMaximum penalty: $15 000 or imprisonment for 2 years, or both.\n91—Self-incrimination\n\t(1)\tIt is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by a natural person with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n92—Offences by authorised officers etc\n\t(1)\tAn authorised officer, or a person assisting an authorised officer, who—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,\nis guilty of an offence.\nDivision 2—Environment protection orders\n93—Environment protection orders\n\t(1)\tThe Authority or another administering agency may issue an environment protection order under this Division—\n\t(a)\tfor the purpose of securing compliance with—\n\t(i)\tthe general environmental duty; or\n\t(ii)\tmandatory provisions of an environment protection policy; or\n\t(iii)\ta condition of an environmental authorisation; or\n\t(iv)\ta condition of a beverage container approval; or\n\t(v)\tany other requirement imposed by or under this Act; or\n\t(b)\tfor the purpose of giving effect to an environment protection policy.\n\t(2)\tAn environment protection order—\n\t(a)\tmust be in the form of a written notice served on the person to whom the notice is issued;\n\t(b)\tmust—\n\t(i)\tspecify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(ii)\tif the order is issued for the purpose of securing compliance with the general environmental duty—state the purpose and specify the environmental harm that it is directed towards preventing or minimising;\n\t(iii)\tif the order is issued for the purpose of securing compliance with mandatory provisions of an environment protection policy, a condition or any other requirement imposed by or under this Act—state the purpose and specify the mandatory provisions, condition or requirement;\n\t(iv)\tif the order is issued for the purpose of giving effect to an environment protection policy—state the purpose and specify the policy;\n\t(c)\tmay impose any requirement reasonably required for the purpose for which the order is issued including one or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Authority or other administering agency;\n\t(ii)\ta requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action within a specified period or at specified times or in specified circumstances;\n\t(iv)\ta requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the Authority or other administering agency, a plan of action to prevent, minimise or control pollution or waste;\n\t(v)\ta requirement that the person comply with such a plan of action to the satisfaction of the Authority or other administering agency;\n\t(vi)\ta requirement that the person undertake specified tests or environmental monitoring;\n\t(vii)\ta requirement that the person furnish to the Authority or other administering agency specified test, monitoring or compliance reports;\n\t(viii)\ta requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or undertake tests or monitoring required by the order;\n\t(d)\tmust state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order.\n\t(2aa)\tDespite any other provisions of this section, an environment protection policy may make provision as to the circumstances in which an environment protection order may be issued or as to the requirements or contents of an order.\n\t(2a)\tWhere a proposed environment protection order (except an emergency environment protection order) or a proposed variation of an environment protection order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority or other administering agency must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice.\n\t(2b)\tThe period of the notice referred to in subsection (2a) must be—\n\t(a)\tin the case of an order to confirm an emergency environment protection order—at least 24 hours;\n\t(b)\tin all other cases—at least 14 days.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required for the protection of the environment, issue an emergency environment protection order imposing requirements of a kind referred to in subsection (2)(c) as reasonably required for the protection of the environment.\n\t(4)\tAn emergency environment protection order may be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development Court against the order.\n\t(5)\tWhere an emergency environment protection order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written environment protection order issued by the Authority or another administering agency and served on the person.\n\t(6)\tThe Authority, another administering agency or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other environment protection order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement.\n\t(7)\tWhere an environment protection order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order.\n\t(8)\tA person to whom an environment protection order is issued must comply with the order.\n\t(a)\tif the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and a penalty is fixed by this Act for contravention of that requirement—that penalty;\n\t(b)\tif the order was issued in relation to a domestic activity for the purpose of securing compliance with the general environmental duty—$500;\n\t(c)\tif the order was issued in relation to a domestic activity in circumstances specified in an environment protection policy or for the purpose of giving effect to an environment protection policy—$500;\n\t(d)\tin any other case—$4 000.\n\t(a)\tif the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and an expiation fee is fixed by this Act for contravention of that requirement—that expiation fee;\n\t(b)\tif the order was issued in relation to a domestic activity for the purpose of securing compliance with the general environmental duty—$100;\n\t(c)\tif the order was issued in relation to a domestic activity in circumstances specified in an environment protection policy or for the purpose of giving effect to an environment protection policy—$100;\n\t(d)\tin any other case—$300.\n\t(8aa)\tIf—\n\t(a)\tin the case of an offence under subsection (8) of failing to comply with an environment protection order imposing a requirement for the purpose of securing compliance with a condition of an environmental authorisation—the alleged offender has expiated the offence; and\n\t(b)\tthe act or omission the subject of the requirement continues after that expiation,\na continuing default penalty is payable by the person for each day on which the act or omission continues of an amount equal to one‑fifth of the expiation fee applying in respect of the offence.\n\t(8ab)\tFor the purposes of the continuing default penalty under subsection (8aa), an obligation to do something is to be regarded as continuing regardless of the fact that any period within which, or time before which, the act is required to be done has expired or passed.\n\t(8ac)\tA continuing default penalty under this section is recoverable by the Authority as a debt due to the Authority.\n\t(8a)\tIt is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by an environment protection order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(8b)\tIf compliance by a prescribed person with a requirement to provide information imposed by an environment protection order might tend to incriminate the person or make the person liable to a penalty, then the information provided in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n\t(9)\tA person must not hinder or obstruct a person complying with an environment protection order.\n93A—Environment protection orders relating to cessation of activity\n\t(1)\tThe Authority may issue an environment protection order for the purpose of—\n\t(a)\tpreventing or minimising environmental harm; or\n\t(b)\tdealing with stockpiled or abandoned waste or other matter,\nthat may result from a prescribed activity of environmental significance after the activity has ceased.\n\t(2)\tThe regulations may—\n\t(a)\tlimit the circumstances in which an environment protection order may be issued under this section; or\n\t(b)\tprescribe circumstances in which an environment protection order issued under this section will be taken to have been revoked.\n\t(3)\tAn environment protection order issued for a purpose described in subsection (1)—\n\t(a)\tmust be in the form of a written notice served on the owner for the time being of the land on which the activity was undertaken (whether or not the owner was the person who had undertaken the activity);\n\t(b)\tmust—\n\t(i)\tspecify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(ii)\tstate the purpose for which it is issued and specify the environmental harm that it is directed towards preventing or minimising or the waste or other matter that it is directed towards dealing with (as the case may be);\n\t(c)\tmay impose any requirement of a kind that could be imposed as a condition of an environmental authorisation or that is reasonably required for the purpose for which the order is issued (including a requirement of a kind that could be imposed in an order issued under section 93);\n\t(d)\tmust state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order.\n\t(4)\tThe Authority may, by written notice served on a person to whom an environment protection order has been issued in accordance with this section, vary or revoke the order.\n\t(5)\tA person to whom an environment protection order is issued in accordance with this section must comply with the order.\n\t(6)\tIt is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by an environment protection order issued in accordance with this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(7)\tIf compliance by a prescribed person with a requirement to provide information imposed by an environment protection order issued in accordance with this section might tend to incriminate the person or make the person liable to a penalty, then the information provided in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n\t(8)\tA person must not hinder or obstruct a person complying with an environment protection order issued in accordance with this section.\n\t(9)\tThis section is in addition to and does not limit the effect of section 93.\n\t(10)\tThis section only applies in relation to a prescribed activity of environmental significance that ceases after the commencement of this section.\n94—Registration of environment protection orders in relation to land\n\t(1)\tWhere an environment protection order has been issued under this Division, the Authority or, if the order was issued by another administering agency, that administering agency may do either or both of the following:\n\t(a)\tif the order was issued in relation to an activity carried on on land or an activity previously carried on on land—apply to the Registrar-General for registration of the order in relation to that land;\n\t(b)\tapply to the Registrar-General for registration of the order in relation to land owned by a person to whom the order was issued.\n\t(2)\tThe application must—\n\t(a)\tdefine the land to which it relates; and\n\t(b)\tstate that registration of the environment protection order in relation to the land—\n\t(i)\twill, by virtue of subsection (4), result in the order becoming binding on each owner and occupier from time to time of the land or each owner from time to time of the land (as the case may require); or\n\t(ii)\tis to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority or other administering agency of costs and expenses incurred in the event of non-compliance with the requirements of the order,\nor both, as the case may require.\n\t(3)\tThe Registrar-General must on—\n\t(a)\tapplication by the Authority or another administering agency under subsection (1); and\n\t(b)\tlodgement of a copy of the environment protection order,\nregister the order in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit.\n\t(4)\tWhere—\n\t(a)\tan environment protection order has been issued in relation to an activity carried on on land or an activity previously carried on on land; and\n\t(b)\tthe order is registered under this section in relation to the land,\n\t(c)\tthe order is binding on—\n\t(i)\tin the case of an environment protection order issued in relation to an activity carried on on land—each owner and occupier from time to time of the land; or\n\t(ii)\tin the case of an environment protection order issued in relation to an activity previously carried on on land—each owner from time to time of the land,\nand this Division (including subsection (1)(b)) applies as if the order had been issued to each such person;\n\t(d)\tif such a person ceases to own or occupy the land (as the case may be), he or she must, as soon as reasonably practicable, notify the Authority or, if the order was issued by another administering agency, that administering agency, in writing of the name or address of the new owner or occupier.\n\t(4a)\tIf an environment protection order is registered under this section in relation to land, the Authority or, if the order was registered by another administering agency, that administering agency must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (4).\n\t(4b)\tA notice to be given to the occupier of land under subsection (4a) may be given by addressing it to the \"occupier\" and posting it to, or leaving it at, the land.\n\t(5)\tA person who fails to comply with subsection (4)(d) is guilty of an offence.\n\t(6)\tThe Registrar-General must, on application by the Authority or, if the order was issued by another administering agency, that administering agency, cancel the registration of an environment protection order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.\n\t(7)\tThe Authority or another administering agency may, if it thinks fit, apply to the Registrar-General for cancellation of the registration of an environment protection order that has been registered in relation to land on the application of the Authority or other administering agency (as the case may be), and must do so—\n\t(a)\ton revocation of the order; or\n\t(b)\ton full compliance with the requirements of the order; or\n\t(c)\twhere the Authority or other administering agency takes action under this Division to carry out the requirements of the order—on payment to the Authority or other administering agency of the amount recoverable by the Authority or other administering agency under this Division in relation to the action so taken.\n95—Action on non-compliance with environment protection order\n\t(1)\tIf the requirements of an environment protection order are not complied with, the Authority or, if the order was issued by another administering agency, that administering agency may take any action required by the order.\n\t(2)\tAny action to be taken by the Authority or another administering agency under subsection (1) may be taken by an authorised officer acting on behalf of the Authority or other administering agency or by other persons authorised by the Authority or other administering agency for the purpose.\n\t(3)\tWhere a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n\t(4)\tThe reasonable costs and expenses incurred by the Authority or another administering agency in taking action under this section may be recovered by the Authority or other administering agency (as the case may be) as a debt from the person who failed to comply with the requirements of the environment protection order.\n\t(4a)\tSubject to subsection (4b), where—\n\t(a)\tan environment protection order has been registered in relation to land under section 94; or\n\t(b)\tthe registration of an environment protection order in relation to land has been cancelled under that section,\nthe Authority or, if the order was registered on the application of another administering agency, that administering agency may recover, as a debt from the person to whom the order was issued, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be).\n\t(4b)\tNo amount is recoverable by the Authority or another administering agency under subsection (4a) in relation to an environment protection order that has been revoked.\n\t(5)\tWhere an amount is recoverable from a person by the Authority or another administering agency under this section—\n\t(a)\tthe Authority or other administering agency may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Authority or other administering agency on any land owned by the person in relation to which the environment protection order is registered under this Division.\n\t(6)\tA charge imposed on land by this section has priority over—\n\t(a)\tany prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to registration of the environment protection order in relation to the land.\nDivision 3—Power to require or obtain information\n96—Information discovery orders\n\t(1)\tThe Authority or another administering agency may issue an information discovery order under this Division for the purpose of obtaining information reasonably required by the Authority or other administering agency (as the case may be) for the administration or enforcement of this Act.\n\t(2)\tAn information discovery order may be issued to any person who the Authority or other administering agency reasonably suspects has knowledge of matters, or has possession or control of a document dealing with matters, in respect of which information is required by the Authority or other administering agency.\n\t(3)\tAn information discovery order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued;\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(c)\tmay require information, as specified in the order, to be furnished to the Authority or other administering agency in such manner and within such period as is specified in the order;\n\t(d)\tmust state the purpose for which the information is required;\n\t(e)\tmust state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order.\n\t(4)\tWhere an information discovery order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order.\n\t(5)\tA person to whom an information discovery order is issued must comply with the order.\n97—Obtaining of information on non-compliance with order or condition of environmental authorisation\n\t(1)\tIf a person—\n\t(a)\tfails to furnish information as required by—\n\t(i)\tan information discovery order; or\n\t(ii)\ta condition of an environmental authorisation; or\n\t(b)\tbeing required by such an order or condition to furnish information, furnishes information that is inaccurate or incomplete,\nthe Authority or, in the case of an information discovery order issued by another administering agency, that administering agency may take such action as is reasonably required to obtain the information.\n\t(2)\tAny action to be taken by the Authority or another administering agency under subsection (1) may be taken by an authorised officer acting on behalf of the Authority or other administering agency or by other persons authorised by the Authority or other administering agency for the purpose.\n\t(3)\tWhere a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n\t(4)\tThe reasonable costs and expenses incurred by the Authority or another administering agency in taking action under this section may be recovered by the Authority or other administering agency (as the case may be) as a debt from the person whose failure gave rise to the action.\n98—Admissibility in evidence of information\n\t(1)\tA person is required to furnish information in compliance with—\n\t(a)\tan information discovery order; or\n\t(b)\ta condition of an environmental authorisation,\ndespite the fact that such compliance might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by a prescribed person with an information discovery order or a condition of an environmental authorisation might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the information furnished in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\nDivision 4—Action to deal with environmental harm\n99—Clean-up orders\n\t(1)\tWhere the Authority or another administering agency is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law, the Authority or other administering agency may issue a clean-up order to the person requiring the person to take specified action within a specified period to make good any resulting environmental damage.\n\t(2)\tA clean-up order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued;\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(c)\tmust specify the contravention alleged to have caused the environmental harm;\n\t(ca)\tmay include requirements for—\n\t(i)\tpreparing, in accordance with specified requirements and to the satisfaction of the Authority or other administering agency, a plan of action in relation to the environmental harm; and\n\t(ii)\tcomplying with such a plan of action to the satisfaction of the Authority or other administering agency;\n\t(d)\tmay include requirements for action to be taken to prevent or mitigate further environmental harm;\n\t(e)\tmay include requirements for specified testing or environmental monitoring;\n\t(ea)\tmay include requirements for furnishing to the Authority or other administering agency specified test, monitoring or compliance reports;\n\t(eb)\tmay include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or undertake tests or monitoring required by the order;\n\t(f)\tmust state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order.\n\t(2a)\tWhere a proposed clean-up order (except an emergency clean-up order) or a proposed variation of a clean-up order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority or other administering agency must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice.\n\t(2b)\tThe period of the notice referred to in subsection (2a) must be—\n\t(a)\tin the case of an order to confirm an emergency clean-up order—at least 24 hours;\n\t(b)\tin all other cases—at least 14 days.\n\t(3)\tWhere an authorised officer is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law and is of the opinion that urgent action is required, the authorised officer may issue an emergency clean-up order containing requirements of a kind referred to in the preceding provisions of this section.\n\t(4)\tAn emergency clean-up order may be issued orally, but, in that event, the person to whom it is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development Court against the order.\n\t(5)\tWhere an emergency clean-up order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written clean-up order issued by the Authority or another administering agency and served on the person.\n\t(6)\tThe Authority, another administering agency or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other clean-up order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement.\n\t(7)\tWhere a clean-up order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order.\n\t(8)\tA person to whom a clean-up order is issued must comply with the order.\n\t(9)\tIt is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by a clean-up order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(10)\tIf compliance by a prescribed person with a requirement to provide information imposed by a clean-up order might tend to incriminate the person or make the person liable to a penalty, then the information given in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n100—Clean-up authorisations\n\t(1)\tWhere the Authority is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law, the Authority may (whether or not a clean-up order has been issued to the person) issue a clean-up authorisation under which authorised officers or other persons authorised by the Authority for the purpose may take specified action on the Authority's behalf to make good any resulting environmental damage.\n\t(2)\tA clean-up authorisation—\n\t(a)\tmust be in the form of a written notice;\n\t(b)\tmust specify the person alleged to have caused the environmental harm (whether by name or a description sufficient to identify the person);\n\t(c)\tmust specify the contravention alleged to have caused the environmental harm;\n\t(d)\tmay include authorisation for action to be taken to prevent or mitigate further environmental harm.\n\t(3)\tThe Authority must, as soon as practicable after issuing a clean-up authorisation, serve a copy of the authorisation on the person alleged to have caused the environmental harm.\n\t(4)\tThe Authority may, by notice in writing, vary or revoke a clean-up authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the environmental harm.\n\t(5)\tWhere a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n101—Registration of clean-up orders or clean-up authorisations in relation to land\n\t(1)\tWhere a clean-up order has been issued under this Division, the Authority or, if the order was registered by another administering agency, that administering agency may do either or both of the following:\n\t(a)\tif the order was issued to a person requiring action to be taken in relation to land owned or occupied by the person—apply to the Registrar-General for registration of the order in relation to that land;\n\t(b)\tapply to the Registrar-General for registration of the order in relation to land owned by a person to whom the order was issued.\n\t(2)\tWhere a clean-up authorisation has been issued under this Division, the Authority may apply to the Registrar-General for registration of the authorisation in relation to land owned by the person whose contravention gave rise to the issuing of the authorisation.\n\t(3)\tAn application under this section must—\n\t(a)\tdefine the land to which it relates; and\n\t(b)\tin the case of—\n\t(i)\tan application for registration of a clean-up order—state that registration of the order in relation to the land—\n\t(A)\twill, by virtue of subsection (5), result in the order becoming binding on each owner and occupier from time to time of the land; or\n\t(B)\tis to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority or other administering agency of costs and expenses incurred in the event of non-compliance with requirements of the order,\nor both, as the case may require; or\n\t(ii)\tan application for registration of a clean-up authorisation—state that registration of the authorisation in relation to the land is to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority of costs and expenses incurred in taking action in pursuance of the authorisation.\n\t(4)\tThe Registrar-General must on—\n\t(a)\tapplication by the Authority or another administering agency under subsection (1) or the Authority under subsection (2); and\n\t(b)\tlodgement of a copy of the clean-up order or clean-up authorisation,\nregister the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit.\n\t(5)\tWhere—\n\t(a)\ta clean-up order has been issued to a person requiring action to be taken in relation to land owned or occupied by the person; and\n\t(b)\tthe order is registered under this section in relation to the land,\n\t(c)\tthe order is binding on each owner and occupier from time to time of the land and this Division (including subsection (1)(b)) applies as if the order had been issued to each such person;\n\t(d)\tan owner or occupier of the land who ceases to own or occupy the land must, as soon as reasonably practicable, notify the Authority or, if the order was issued by another administering agency, that administering agency, in writing of the name and address of the new owner or occupier.\n\t(5a)\tIf a clean-up order is registered under this section in relation to land, the Authority or, if the order was issued by another administering agency, that administering agency, must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (5).\n\t(5b)\tA notice to be given to the occupier of land under subsection (5a) may be given by addressing it to the \"occupier\" and posting it to, or leaving it at, the land.\n\t(6)\tA person who fails to comply with subsection (5)(d) is guilty of an offence.\n\t(7)\tThe Registrar‑General must—\n\t(a)\ton application by the Authority, cancel the registration of a clean‑up order or clean‑up authorisation that has been registered in relation to land; or\n\t(b)\tif a clean‑up order that has been registered in relation to land was issued by another administering agency, on application by the administering agency, cancel the registration of the clean‑up order,\nand make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.\n\t(8)\tThe Authority or another administering agency may, if it thinks fit, apply to the Registrar‑General for cancellation of the registration of a clean‑up order or clean‑up authorisation that has been registered in relation to land on the application of the Authority or other administering agency (as the case may be), and must do so—\n\t(a)\ton revocation of the order or authorisation; or\n\t(b)\tin relation to—\n\t(i)\tan order—\n\t(A)\ton full compliance with the requirements of the order; or\n\t(B)\twhere the Authority or other administering agency takes action under this Division to carry out the requirements of the order—on payment to the Authority or other administering agency of the amount recoverable by the Authority or other administering agency under this Division in relation to the action so taken; or\n\t(ii)\tan authorisation—on payment to the Authority of the amount recoverable by the Authority under this Division in relation to the action taken in pursuance of the authorisation.\n102—Action on non-compliance with clean-up order\n\t(1)\tIf the requirements of a clean-up order are not complied with, the Authority or, if the order was issued by another administering agency, that administering agency may take any action required by the order.\n\t(2)\tAny action to be taken by the Authority or another administering agency under subsection (1) may be taken by an authorised officer acting on behalf of the Authority or other administering agency or by other persons authorised by the Authority or other administering agency for the purpose.\n\t(3)\tWhere a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n103—Recovery of costs and expenses\n\t(1)\tThe reasonable costs and expenses incurred by the Authority or another administering agency in taking action on non‑compliance with a clean‑up order may be recovered by the Authority or other administering agency (as the case may be) as a debt from the person who failed to comply with the requirements of the order.\n\t(2)\tWhere action has been taken by the Authority in pursuance of a clean-up authorisation, the Authority may recover the reasonable costs and expenses incurred by the Authority in taking that action as a debt from the person whose contravention gave rise to the issuing of the authorisation.\n\t(2a)\tSubject to subsection (2b), where—\n\t(a)\ta clean‑up order or clean‑up authorisation has been registered in relation to land under section 101; or\n\t(b)\tthe registration of a clean‑up order or clean‑up authorisation in relation to land has been cancelled under that section,\nthe Authority or, in the case of an order that was registered on the application of another administering agency, that administering agency may recover, as a debt from the person whose contravention gave rise to the issuing of the order or authorisation, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be).\n\t(2b)\tNo amount is recoverable by the Authority or another administering agency under subsection (2a) in relation to a clean-up order or clean-up authorisation that has been revoked.\n\t(3)\tWhere an amount is recoverable from a person by the Authority or another administering agency under this section—\n\t(a)\tthe Authority or other administering agency may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Authority or other administering agency on any land owned by the person in relation to which the clean-up order or clean-up authorisation is registered under this Division.\n\t(4)\tA charge imposed on land by this section has priority over—\n\t(a)\tany prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to registration of the clean-up order or clean-up authorisation in relation to the land.\n","sortOrder":18},{"sectionNumber":"Part 10A","sectionType":"part","heading":"Special provisions and enforcement powers for site contamination","content":"Part 10A—Special provisions and enforcement powers for site contamination\nDivision 1—Interpretation and application\n103A—Interpretation\nIn this Part—\noccupier, in relation to land—\n\t(a)\thas the meaning assigned to the term by section 3; and\n\t(b)\tif, in accordance with the regulations, a person of a particular kind is to be taken to be an occupier of the land in the circumstances of the case—includes a person of that kind,\nand occupy land has a corresponding meaning. \n103B—Application of Part to site contamination\nThis Part applies to site contamination at a site whether the chemical substances were first present there, or the environmental harm resulted, before or after the commencement of this Part or this Act.\nDivision 2—Appropriate persons to be issued with orders and liability for site contamination\n103C—General provisions as to appropriate persons\n\t(1)\tSubject to this Part, the appropriate person to be issued with a site contamination assessment order or a site remediation order in respect of a site under Division 3 is—\n\t(a)\tthe person who caused the site contamination at the site; or\n\t(b)\tif it is not practicable to issue the order to that person, the owner of the site provided that—\n\t(i)\tbefore the person acquired the site, the person knew, or ought reasonably to have been aware, that chemical substances were present, or likely to be present, on or below the surface of the site such as to require, or be likely to require, remediation; or\n\t(ii)\t—\n\t(A)\tbefore the person acquired the site, the person knew, or ought reasonably to have been aware, that the activity that caused the site contamination at the site had been carried on at the site, or while the person was the owner, the person knew, or ought reasonably to have been aware, that the activity that caused the site contamination at the site was being carried on at the site; and\n\t(B)\tthe activity is an activity of a kind prescribed by the regulations as a potentially contaminating activity.\n\t(2)\tHowever, if the basis for issuing a site contamination assessment order is only the Authority's suspicion under section 103H(1)(b) as to the existence of site contamination at the site, subsection (1) of this section does not apply and the appropriate person to be issued with the order is the owner of the site.\n\t(3)\tFor the purposes of subsection (1), it is not practicable to issue a site contamination assessment order or a site remediation order to a person if the person—\n\t(a)\thas died or, in the case of a body corporate, ceased to exist; or\n\t(b)\tcannot, after reasonable inquiry, be identified or located; or\n\t(c)\twould, in the opinion of the Authority, for any reason, be unable to carry out, or meet the costs and expenses of, the action required or authorised under the order.\n103D—Causing site contamination\n\t(1)\tFor the purposes of this Act, a person is to be taken to have caused site contamination if the person was the occupier of land when there was an activity at the land that caused or contributed to the site contamination.\n\t(2)\tIf site contamination would not have resulted at a site but for a change of use of a kind prescribed by regulation (whether the change occurred before or after the commencement of this Part or this Act), the person who brought about the change of use of the site is to be taken to have caused the site contamination for the purposes of this Act.\n\t(3)\tThe operation of subsection (2) in a particular case is not to be taken to exclude the possibility of another person or persons also having caused the site contamination under subsection (1).\n\t(4)\tFor the purposes of subsection (2), a person does not bring about a change of use of a site because the person was a relevant authority that granted a consent or approval in respect of the site under the Planning, Development and Infrastructure Act 2016.\n103E—Liability for site contamination subject to certain agreements\n\t(a)\tsite contamination exists at a site; and\n\t(b)\tland that is all or portion of the site has been sold or transferred (whether before or after the commencement of this Part or this Act) subject to an agreement in writing under which the purchaser or transferee will assume liability for all or a specified part of the site contamination at the site,\nthe purchaser or transferee is to be taken to have assumed the vendor's or transferor's liability for the site contamination in accordance with the agreement and this Act applies as if the purchaser or transferee (and not the vendor or transferor) had caused the site contamination or, as the case may be, the specified part of the site contamination.\n\t(2)\tSubsection (1) does not apply to an agreement—\n\t(a)\tunless, in the case of an agreement entered into after the commencement of this Part—\n\t(i)\tthe person has first given the purchaser or transferee a notice in a form approved by the Authority for the purposes of this section setting out the legal effect of the agreement under this section; and\n\t(ii)\ta copy of the agreement is lodged with the Authority; or\n\t(b)\tif the Environment, Resources and Development Court determines, on application by the Authority, that the purchaser or transferee did not acquire the land in a genuine arms length transaction.\n103F—Order may be issued to one or more appropriate persons\nIf, in the application of this Division, there are 2 or more persons to whom it is practicable to issue an order under Division 3 as appropriate persons, the Authority may determine that—\n\t(a)\tany 1 of the persons is the appropriate person to be issued with the order; or\n\t(b)\t2 or more of the persons are the appropriate persons to be issued with the order (with the effect that the persons are jointly and severally liable to comply with the requirements of the order).\n103G—Court may order that director of body is appropriate person in certain circumstances\n\t(a)\ta body corporate has been issued with a site contamination assessment order or a site remediation order in respect of a site, or grounds exist for the issuing of any such order to a body corporate; and\n\t(b)\tthere is reason to believe that the body corporate is being or has been wound up, stripped of assets or subjected to other action as part of a scheme—\n\t(i)\tto avoid meeting its obligations under or in connection with a site contamination assessment order or a site remediation order in respect of the site; or\n\t(ii)\tto avoid its being issued with such an order,\nthe Environment, Resources and Development Court may, on application by the Authority, make an order that a person who was, during the period in which it appears to the Court that the scheme was principally devised, a director or otherwise concerned in the management of the body corporate, or of a holding company of the body corporate, is an appropriate person to be issued with a site contamination assessment order or a site remediation order, or both, in respect of the site.\n\t(2)\tWithout limiting the effect of subsection (1), there will be reason for such a belief—\n\t(i)\tthe body corporate is being or has been wound up; and\n\t(ii)\tthe body corporate has carried out 1 or more transactions—\n\t(A)\tsuch as to give the liquidator of the body corporate a right to recover cash under section 567 of the Corporations Act 2001 of the Commonwealth; or\n\t(B)\trendered voidable by section 588FE of the Corporations Act 2001 of the Commonwealth; or\n\t(C)\tby which the body corporate incurred a debt in relation to which a person contravened section 588G of the Corporations Act 2001 of the Commonwealth; and\n\t(iii)\tthere was, at the time or times when the body corporate entered those transactions or a substantial portion of them, reason to believe that site contamination may exist at the site; or\n\t(i)\ta holding company of the body corporate has contravened section 588V of the Corporations Act 2001 of the Commonwealth in relation to the body corporate; and\n\t(ii)\tthere was, at the time of the contravention, reason to believe that site contamination may exist at the site; or\n\t(c)\tif—\n\t(i)\tthe site has been transferred to a related body corporate (the transferee); and\n\t(ii)\ta reasonable person could have anticipated that the transferee would be unable to pay its debts if it took steps to remediate the site (to the extent that a reasonable person would have expected would be necessary); and\n\t(iii)\tthere was, at the time of the transfer or when the body corporate entered the transactions for the transfer, or a substantial portion of them, reason to believe that site contamination may exist at the site.\n\t(3)\tThe Court must not make an order under this section if the person against whom the order would be made satisfies the Court that—\n\t(a)\tthe person had no knowledge, actual, imputed or constructive, of the scheme or any element of the scheme; or\n\t(b)\tthe person was not in a position to influence the conduct of the body corporate in relation to that scheme; or\n\t(c)\tthe person, if in such a position, used all due diligence to prevent the pursuit of the scheme by the body corporate.\n\t(4)\tThe Court may make an order under this section despite the fact that the body corporate took steps to remediate the site.\nDivision 3—Orders and other action to deal with site contamination\n103H—Site contamination assessment orders\n\t(a)\tthe Authority is satisfied that site contamination exists at a site; or\n\t(b)\tthe Authority suspects that site contamination exists at a site because a potentially contaminating activity of a kind prescribed by regulation has taken place there,\nthe Authority may issue a site contamination assessment order in respect of the site to an appropriate person.\n\t(2)\tA site contamination assessment order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust specify the site; and\n\t(d)\tmust include requirements for assessments to be carried out of the nature and extent of any site contamination on or below the surface of the site and, subject to subsection (3), if the Authority so determines, on or below the surface of land in the vicinity of the site; and\n\t(e)\tmust include a requirement for a written report of the assessments to be submitted to the Authority in a specified form within a specified period; and\n\t(f)\tmay include a requirement that a person with specified qualifications be appointed or engaged to carry out the assessments required by the order or to prepare the written report or the assessments; and\n\t(g)\tmay include a requirement for a site contamination audit to be carried out, in accordance with the guidelines issued from time to time by the Authority, and a site contamination audit report to be submitted to the Authority within a specified period; and\n\t(h)\tmay include a requirement for specified consultations to be carried out with owners or occupiers of land in the vicinity of the site; and\n\t(i)\tmust state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order.\n\t(3)\tIf the order is issued to an appropriate person as an owner of the site as distinct from a person who caused the site contamination, the order must be limited in its application to site contamination on or below the surface of the site.\n\t(4)\tWhere a proposed site contamination assessment order or a proposed variation of such an order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice.\n\t(5)\tThe Authority may, by written notice served on a person to whom a site contamination assessment order has been issued, vary or revoke the order.\n\t(6)\tA person to whom a site contamination assessment order is issued must comply with the order.\n\t(7)\tIt is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by a site contamination assessment order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(8)\tIf compliance by a prescribed person with a requirement to provide information imposed by a site contamination assessment order might tend to incriminate the person or make the person liable to a penalty, then the information given in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n103I—Voluntary site contamination assessment proposals\n\t(1)\tThe Authority may agree not to issue a site contamination assessment order to a person in relation to known or suspected site contamination if the person undertakes to carry out an assessment in accordance with an approved voluntary site contamination assessment proposal.\n\t(2)\tAn agreement under subsection (1) must be in writing and copies of the agreement must be served on the parties to the agreement.\n\t(3)\tThe Authority may, on application by a person, approve a voluntary site contamination assessment proposal if satisfied that the terms of the proposal are appropriate.\n\t(4)\tThe Authority must, if satisfied that the assessment has been carried out and completed in accordance with the approved proposal, notify the holder of the approval in writing that it is so satisfied.\n\t(5)\tIf a notification is given to a person under subsection (4), the person may apply to the Court under Part 11 for an order for payment of the whole or a portion of the costs and expenses of the assessment against others as if the person had carried out the assessment in compliance with the requirements of a site contamination assessment order.\n103J—Site remediation orders\n\t(a)\tthe Authority is satisfied that site contamination exists at a site; and\n\t(b)\tthe Authority considers that remediation of the site is required, taking into account current or proposed land uses,\nthe Authority may issue a site remediation order in respect of the site to an appropriate person.\n\t(2)\tA site remediation order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust specify the site; and\n\t(d)\tmust give particulars of the site contamination; and\n\t(e)\tmay include requirements for the person to whom it is issued to remediate the site within a specified period; and\n\t(f)\tmay include requirements for—\n\t(i)\tpreparing, in accordance with specified requirements and to the satisfaction of the Authority, a plan of remediation; and\n\t(ii)\tcomplying with such a proposal to the satisfaction of the Authority; and\n\t(g)\tmay include authorisation for the site to be remediated, or any other action to be taken in respect of its remediation, on the Authority's behalf by authorised officers or other persons authorised by the Authority; and\n\t(h)\tmay include a requirement for a written report of the remediation to be submitted to the Authority in a specified form within a specified period; and\n\t(i)\tmay include a requirement that a person with specified qualifications be appointed or engaged to—\n\t(i)\tprepare a plan of remediation under paragraph (f); or\n\t(ii)\tprepare a written report of the remediation under paragraph (h); or\n\t(iii)\tcarry out the remediation or other activities associated with the remediation; and\n\t(j)\tmay include requirements for a site contamination audit to be carried out, in accordance with the guidelines issued from time to time by the Authority, and a site contamination audit report to be submitted to the Authority within a specified period; and\n\t(k)\tmay include a requirement for specified consultations to be carried out with owners or occupiers of land in the vicinity of the site; and\n\t(l)\tmust state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order.\n\t(3)\tIf the order is issued to an appropriate person as an owner of the site as distinct from a person who caused the site contamination, the order must be limited in its application to site contamination on or below the surface of the site.\n\t(4)\tWhere a proposed site remediation order (except an emergency site remediation order) or a proposed variation of a site remediation order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice.\n\t(5)\tAn authorised officer may, if of the opinion that urgent action is required for the remediation of a site, issue a site remediation order imposing requirements of a kind referred to in subsection (2)(e) as reasonably required for the remediation of the site (an emergency site remediation order).\n\t(6)\tAn emergency site remediation order may be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development Court against the order.\n\t(7)\tWhere an emergency site remediation order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written site remediation order issued by the Authority and served on the person.\n\t(8)\tThe Authority or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other site remediation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.\n\t(9)\tThe Authority may, by written notice served on a person to whom a site remediation order has been issued, vary or revoke the order.\n\t(10)\tWhere, in accordance with subsection (2)(g), a site remediation order is issued authorising a person other than an authorised officer to take action, the following provisions apply:\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n\t(11)\tA person to whom a site remediation order is issued must comply with the order.\n\t(12)\tIt is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by a site remediation order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(13)\tIf compliance by a prescribed person with a requirement to provide information imposed by a site remediation order might tend to incriminate the person or make the person liable to a penalty, then the information given in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n103K—Voluntary site remediation proposals\n\t(1)\tThe Authority may agree not to issue a site remediation order to a person in relation to site contamination if the person undertakes to carry out remediation in accordance with an approved voluntary site remediation proposal.\n\t(2)\tAn agreement under subsection (1) must be in writing and copies of the agreement must be served on the parties to the agreement.\n\t(3)\tThe Authority may, on application by a person, approve a voluntary site remediation proposal if satisfied that the terms of the proposal are appropriate.\n\t(4)\tThe Authority must, if satisfied that the remediation has been carried out and completed in accordance with the approved proposal, notify the holder of the approval in writing that it is so satisfied.\n\t(5)\tIf a notification is given to a person under subsection (4), the person may apply to the Court under Part 11 for an order for payment of the whole or a portion of the costs and expenses of the remediation against others as if the person had carried out the remediation in compliance with the requirements of a site remediation order.\n103L—Entry onto land by person to whom order is issued\n\t(1)\tA site contamination assessment order or a site remediation order does not confer on the person to whom it is issued a power to enter land of which that person is not an occupier, to remain on such land or to do anything on such land, without the permission of—\n\t(a)\tthe occupier of the land; and\n\t(b)\tthe owner of the land (unless the order has been issued to the owner or the occupier is the owner).\n\t(2)\tHowever—\n\t(a)\tif permission is withheld or withdrawn by the owner, the Authority may—\n\t(i)\trevoke, suspend or vary the order; and\n\t(ii)\tif the owner has been warned of the possible consequences of withholding or withdrawing permission, issue a site contamination assessment order or a site remediation order in respect of the land to the owner as if the owner were the appropriate person;\n\t(b)\tif permission is withheld or withdrawn by the occupier, the Authority may—\n\t(i)\trevoke, suspend or vary the order; and\n\t(ii)\tif the occupier has been warned of the possible consequences of withholding or withdrawing permission, issue a site contamination assessment order or a site remediation order in respect of the land to the occupier as if the occupier were the appropriate person.\n\t(3)\tIf a site remediation order is issued under subsection (2), this Act applies as if no person other than the person issued with the order has liability for site contamination described in the order in respect of the land.\n103M—Liability for property damage etc caused by person entering land\n\t(1)\tThis section applies to a person who enters or does anything on land in order to carry out—\n\t(a)\tthe requirements of a site contamination assessment order or site remediation order; or\n\t(b)\tan approved voluntary site contamination assessment proposal or approved voluntary site remediation proposal.\n\t(2)\tA person to whom this section applies is liable, except as prescribed by the regulations, to the occupier of the land for damage to property of the occupier, or other loss suffered by the occupier, as a result of the entry or other actions (including loss suffered by the occupier because of the interruption of the occupier's business on the land by such entry or actions).\n\t(3)\tA person to whom this section applies is liable, except as prescribed by the regulations, to the owner of the land for damage to land or other property of the owner, or other loss suffered by the owner, as a result of the entry or other actions.\n\t(4)\tA person who incurs a liability under this section must—\n\t(a)\ttake all reasonable steps to minimise and make good the damage or loss; and\n\t(b)\tto the extent that it is not practicable for the person to make good the damage or loss—compensate the person suffering the damage or loss.\n\t(5)\tProceedings for the recovery of compensation under this section must be brought by application to the Environment, Resources and Development Court.\n103N—Special management areas\n\t(1)\tIf the Authority has reason to believe that site contamination of a particular kind exists in a wide area, or in numerous areas, as a result of the same activity or proximate or related activities, the Authority may, by notice in the Gazette—\n\t(a)\tdeclare that the area or areas described in the notice may be affected by site contamination described in the notice; and\n\t(b)\tdeclare the area or areas to be a special management area or special management areas for the purposes of this section.\n\t(2)\tOn the making of a declaration under this section, the Authority is to conduct a program in which it—\n\t(a)\tpublicises the matters to which the declaration relates; and\n\t(b)\testablishes consultative processes involving itself and other relevant public authorities, industries, businesses, residents and others involved, or with a relevant interest, in the matter; and\n\t(c)\tendeavours to bring about the making of 1 or more environment performance agreements or other voluntary arrangements under which the parties to the agreements or arrangements are to carry out, or contribute to or assist in the carrying out of—\n\t(i)\tassessments of—\n\t(A)\tthe nature and extent of site contamination within the special management area or areas; and\n\t(B)\tthe remediation that is necessary; and\n\t(ii)\tthe preparation of plans of remediation; and\n\t(iii)\tthe remediation of the sites that are affected by the relevant site contamination.\n\t(3)\tThe Authority may, by notice in the Gazette, vary or revoke a notice under this section.\n103O—Registration of site contamination assessment orders or site remediation orders in relation to land\n\t(1)\tWhere a site contamination assessment order or site remediation order has been issued under this Division, the Authority may do either or both of the following:\n\t(a)\tif the order was issued to an owner or occupier of the site—apply to the Registrar‑General for registration of the order in relation to the site;\n\t(b)\tapply to the Registrar‑General for registration of the order in relation to land owned by a person to whom the order was issued.\n\t(2)\tAn application under this section must—\n\t(a)\tdescribe the land to which it relates; and\n\t(b)\tdo either or both of the following as the case may require:\n\t(i)\tstate that the registration of the order in relation to the land will, by virtue of subsection (4), result in the order becoming binding on each owner from time to time of the land;\n\t(ii)\tstate that the registration of the order in relation to the land is to operate as the basis for a charge on land owned by the person to whom the order was issued, as provided by this Division, securing payment to the Authority of costs and expenses incurred in taking action in the event of non‑compliance with requirements of the order or in taking action in pursuance of the order.\n\t(3)\tThe Registrar-General must, on application by the Authority under subsection (1) and lodgement of a copy of the site contamination assessment order or site remediation order, register the order by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit.\n\t(4)\tWhere a site contamination assessment order or a site remediation order (other than an order authorising remediation of a site by authorised officers or other persons authorised by the Authority) was issued to an owner or occupier of the site and is registered under this section in relation to the site—\n\t(a)\tthe order is binding on each owner from time to time of the site, and this Division applies as if the order had been issued to each owner; and\n\t(b)\ta person who ceases to be an owner of the site must, as soon as reasonably practicable, notify the Authority in writing of the name and address of the new owner.\n\t(5)\tWhere a site contamination assessment order or site remediation order is registered under this section in relation to a site, the Authority must, as soon as reasonably practicable, notify, in writing, each owner of the site of the registration and of the obligations of owners under subsection (4).\n\t(6)\tA person who fails to comply with subsection (4)(b) is guilty of an offence.\n\t(7)\tThe Registrar-General must, on application by the Authority, cancel the registration of a site contamination assessment order or site remediation order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.\n\t(8)\tThe Authority may, if it thinks fit, apply to the Registrar‑General for cancellation of the registration of a site contamination assessment order or site remediation order in relation to land, and must do so—\n\t(a)\ton revocation of the order; or\n\t(b)\ton full compliance with the requirements of the order; or\n\t(c)\tif the Authority takes action under this Division to carry out the requirements of the order—on payment to the Authority of the amount recoverable by the Authority under this Division in relation to the action so taken.\n103P—Notation of site contamination audit report in relation to land\n\t(1)\tThis section applies to a site contamination audit report relating to land whether or not required under this or any other Act.\n\t(2)\tThe Registrar-General must, on application by the Authority, include in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office a notation that a site contamination audit report has been prepared in respect of the land and is to be found in the register kept by the Authority under section 109 of this Act.\n\t(3)\tThe Registrar-General must, on application by the Authority, remove a notation made in relation to land under this section.\n103Q—Action on non-compliance with site contamination assessment order or site remediation order\n\t(a)\tthe requirements of a site contamination assessment order are not complied with; or\n\t(b)\ta site remediation order requires remediation of the site by the person to whom it is issued and the requirements of the order are not complied with,\nthe Authority may take any action required by the order.\n\t(2)\tAny action to be taken by the Authority under subsection (1) may be taken on the Authority's behalf by authorised officers or by other persons authorised by the Authority for the purpose.\n\t(3)\tWhere a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n103R—Recovery of costs and expenses incurred by Authority\n\t(1)\tWhere action has been taken by the Authority either on non‑compliance with the requirements of a site contamination assessment order or a site remediation order, or in pursuance of a site remediation order, the Authority may recover the reasonable costs and expenses incurred by the Authority in taking that action as a debt from the person to whom the order was issued.\n\t(2)\tSubject to subsection (3), where—\n\t(a)\ta site contamination assessment order or site remediation order has been registered in relation to a site under section 103O; or\n\t(b)\tthe registration of a site contamination assessment order or site remediation order in relation to land has been cancelled under that section,\nthe Authority may recover, as a debt from the person to whom the order was issued, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be).\n\t(3)\tNo amount is recoverable by the Authority under subsection (2) in relation to a site contamination assessment order or site remediation order that has been revoked.\n\t(4)\tWhere an amount is recoverable from a person by the Authority under this section—\n\t(a)\tthe Authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Authority on any land owned by the person in relation to which the site contamination assessment order or site remediation order is registered under this Division.\n\t(5)\tA charge imposed on land by this section has priority over—\n\t(a)\tany prior charge imposed on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to registration of the site contamination assessment order or site remediation order in relation to the land.\n103S—Prohibition or restriction on taking water affected by site contamination\n\t(1)\tIf the Authority is satisfied that—\n\t(a)\tthere is site contamination that affects or threatens water; and\n\t(b)\taction is necessary under this section to prevent actual or potential harm to human health or safety,\nthe Authority may, by notice in the Gazette, prohibit or restrict the taking of the water.\n\t(2)\tA notice under this section must—\n\t(a)\tspecify the water to which it relates; and\n\t(b)\tgive particulars of the site contamination affecting the water.\n\t(3)\tA person must not contravene a notice under this section.\n\t(4)\tThe Authority may, by notice in the Gazette, vary or revoke a notice under this section.\nDivision 4—Site contamination auditors and audits\n103T—Application of Division\nThis Division applies to—\n\t(a)\ta site contamination audit; or\n\t(b)\ta site contamination audit report; or\n\t(c)\ta site contamination audit statement,\nwhether or not required under this or any other Act.\n103U—Requirement for auditors to be accredited\nA person must not carry out a site contamination audit unless—\n\t(a)\tthe person is a site contamination auditor and personally carries out or directly supervises the work involved in the audit; or\n\t(b)\tthe person carries out the audit through the instrumentality of a site contamination auditor who personally carries out or directly supervises the work involved in the audit.\n103V—Accreditation of site contamination auditors\n\t(1)\tOnly a natural person may be granted accreditation as a site contamination auditor.\n\t(2)\tThe regulations may provide for matters relating to the accreditation of site contamination auditors, including (without limitation)—\n\t(a)\tthe grant or renewal of accreditation by the Authority; and\n\t(b)\treferral of applications to an accreditation committee established by the Authority; and\n\t(c)\tpowers of the Authority or accreditation committee to examine applicants or require the provision of information by applicants; and\n\t(d)\tapplication fees and accreditation fees; and\n\t(e)\tthe imposition or variation of conditions of accreditation; and\n\t(f)\tthe term for which accreditation may be granted or renewed; and\n\t(g)\tpowers of the Authority to suspend or cancel accreditation and disqualify persons from obtaining accreditation; and\n\t(h)\tthe grounds for refusing the grant or renewal of accreditation or for suspending or cancelling accreditation or disqualifying persons from obtaining accreditation; and\n\t(i)\treviews by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of decisions of the Authority relating to accreditation.\n\t(3)\tThe regulations may provide that persons of a specified class are to be taken to be accredited under this Division subject to compliance with requirements specified in the regulations.\n\t(4)\tIn this section—\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n103W—Illegal holding out as site contamination auditor\n\t(1)\tA person must not hold himself or herself out as a site contamination auditor unless the person is accredited under this Division as a site contamination auditor.\n\t(2)\tA person must not hold out another as a site contamination auditor unless the other person is accredited under this Division as a site contamination auditor.\n103X—Conflict of interest and honesty\n\t(1)\tThis section applies to—\n\t(a)\ta site contamination auditor; or\n\t(b)\ta person who carries out a site contamination audit on behalf of another through the instrumentality of a site contamination auditor.\n\t(2)\tA person to whom this section applies must not, unless authorised by the Authority in writing, carry out a site contamination audit of a site—\n\t(a)\tif the person is an associate of another person by whom any part of the site is owned or occupied; or\n\t(b)\tif the person has a direct or indirect pecuniary or personal interest in any part of the site or any activity that has taken place or is to take place at the site or part of the site; or\n\t(c)\tif the person has been involved in, or is an associate of another person who has been involved in, assessment or remediation of site contamination at the site; or\n\t(d)\ton the instructions of, or under a contract with, a site contamination consultant who has been involved in the assessment of site contamination at the site.\nMaximum penalty: $4 000 or imprisonment for 1 year.\n\t(3)\tA person to whom this section applies must not, in or in relation to a site contamination audit, site contamination audit report or site contamination audit statement, make a statement that the person knows to be false or misleading in a material particular (whether by reason of the inclusion or omission of any particular).\n\t(b)\tin the case of a natural person—$30 000 or imprisonment for 1 year.\n103Y—Annual returns and notification of change of address etc\n\t(1)\tA site contamination auditor must, during the prescribed period each year, furnish the Authority with a return relating to site contamination audits for which the auditor is or was the responsible auditor, listing each such audit commenced, in progress, completed or terminated before completion during the period commencing—\n\t(a)\tin the case of an auditor in his or her first year of accreditation—on the day on which accreditation was granted; or\n\t(b)\tin any other case—on the first day of the prescribed period in the preceding year.\n\t(2)\tA return under this section must be in the form prescribed by regulation.\n\t(3)\tA site contamination auditor must, within 14 days after any change of address or any other change relating to his or her activities as a site contamination auditor that affects the accuracy of particulars last furnished to the Authority, notify the Authority of the change.\n\t(4)\tIn this section—\nprescribed period means the period commencing 8 weeks before, and ending 4 weeks before, the anniversary of the day on which the auditor's accreditation was granted or last renewed;\nresponsible auditor—a site contamination auditor is the responsible auditor for a site contamination audit if the work involved in the audit is carried out personally by, or under the direct supervision of, the auditor.\n103Z—Requirements relating to site contamination audits\n\t(1)\tA site contamination auditor must, within 14 days after the commencement of a site contamination audit for which the auditor is the responsible auditor, notify the Authority in writing of the person who commissioned the audit and the location of the land to which the audit is to relate.\n\t(2)\tA site contamination auditor must, within 14 days after the termination before completion of a site contamination audit for which the auditor was the responsible auditor, notify the Authority in writing of the termination and the reasons for the termination.\n\t(3)\tA notification under subsection (1) or (2) must be in the form prescribed by regulation.\n\t(4)\tA site contamination auditor must, on the completion of each site contamination audit for which the auditor is the responsible auditor—\n\t(a)\tprovide a site contamination audit report to the person who commissioned the audit; and\n\t(b)\tat the same time, provide—\n\t(i)\ta site contamination audit report to the Authority; and\n\t(ii)\ta site contamination audit statement to the council for the area in which the land to which the audit relates is situated and any prescribed body.\n\t(5)\tIn this section—\nresponsible auditor—a site contamination auditor is the responsible auditor for a site contamination audit if the work involved in the audit is carried out personally by, or under the direct supervision of, the auditor.\nDivision 5—Reports by site contamination auditors and consultants\n103ZA—Reports by site contamination auditors and consultants\nA site contamination auditor or site contamination consultant must, in any written report that the auditor or consultant prepares in relation to a site, clearly qualify any statement of the auditor's or consultant's opinion as to the existence of site contamination at the site by specifying the land uses that were taken into account in forming that opinion.\n103ZB—Provision of false or misleading information \nA person must not make a statement that the person knows to be false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished to a site contamination auditor or site contamination consultant that might be relied on by the auditor or consultant in preparing a report relating to site contamination (whether or not required under this or any other Act). \n\t(b)\tin the case of a natural person—$30 000.\n","sortOrder":19},{"sectionNumber":"Part 11","sectionType":"part","heading":"Civil remedies and penalties","content":"Part 11—Civil remedies and penalties\n104—Civil remedies\n\t(1)\tApplications may be made to the Environment, Resources and Development Court for one or more of the following orders:\n\t(a)\tif a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act—an order restraining the person from engaging in the conduct and, if the Court considers it appropriate to do so, requiring the person to take any specified action;\n\t(b)\tif a person has refused or failed, is refusing or failing or is proposing to refuse or fail to take any action required by this Act—an order requiring the person to take that action;\n\t(c)\tif a person has caused environmental harm by a contravention of this Act or a repealed environment law—an order requiring the person to take specified action to make good any resulting environmental damage and, if appropriate, to take specified action to prevent or mitigate further environmental harm;\n\t(d)\tif the Authority or any other public authority has incurred costs or expenses in taking action to prevent or mitigate environmental harm caused by a contravention of this Act or a repealed environment law, or to make good resulting environmental damage—an order against the person who committed the contravention for payment of the reasonable costs and expenses incurred in taking that action;\n\t(e)\tif a person has suffered injury or loss or damage to property as a result of a contravention of this Act, or incurred costs and expenses in taking action to prevent or mitigate such injury, loss or damage—an order against the person who committed the contravention for payment of compensation for the injury, loss or damage, or for payment of the reasonable costs and expenses incurred in taking that action;\n\t(ea)\tif a person who has been issued with a site contamination assessment order or site remediation order has incurred costs and expenses in carrying out the requirements of the order or reimbursing the Authority for action taken in pursuance of the order—an order for payment of the whole or a portion of the costs and expenses, as the Court considers appropriate, against 1 or more other persons who caused the site contamination;\n\t(f)\tif the Court considers it appropriate to do so, an order against a person who has contravened this Act for payment (for the credit of the Consolidated Account) of an amount in the nature of exemplary damages determined by the Court;\n\t(g)\tan order for enforcement of the provisions of an environment performance agreement.\n\t(2)\tThe power of the Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised—\n\t(a)\tif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\t(b)\tif it appears to the Court that, in the event that an order is not made, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial harm or damage if the first-mentioned person engages in conduct of that kind.\n\t(3)\tThe power of the Court to make an order requiring a person to take specified action may be exercised—\n\t(a)\tif the Court is satisfied that the person has refused or failed to take that action—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to take that action; or\n\t(b)\tif it appears to the Court that, in the event that an order is not made, it is likely that the person will refuse or fail to take that action—whether or not the person has previously refused or failed to take that action and whether or not there is an imminent danger of substantial harm or damage if the first-mentioned person refuses or fails to take that action.\n\t(4)\tIn assessing an amount to be ordered in the nature of exemplary damages, the Court must have regard to—\n\t(a)\tany environmental harm or detriment to the public interest resulting from the contravention; and\n\t(b)\tany financial saving or other benefit that the respondent stood to gain by committing the contravention; and\n\t(c)\tany other matter it considers relevant.\n\t(5)\tThe power to order payment of an amount in the nature of exemplary damages may only be exercised by a Judge of the Court.\n\t(6)\tThe power of the Court to make an order for enforcement of an environment performance agreement includes any power to make orders or provide relief that the District Court has in relation to a contract.\n\t(7)\tAn application under this section may be made—\n\t(a)\tby the Authority or another administering agency; or\n\t(b)\tby any person whose interests are affected by the subject matter of the application; or\n\t(c)\tby any other person with the permission of the Court.\n\t(8)\tBefore the Court may grant permission for the purposes of subsection (7)(c), the Court must be satisfied that—\n\t(a)\tthe proceedings on the application would not be an abuse of the process of the Court; and\n\t(b)\tthere is a real or significant likelihood that the requirements for the making of an order under subsection (1) on the application would be satisfied; and\n\t(c)\tit is in the public interest that the proceedings should be brought.\n\t(9)\tIf an application is made by a person other than the Authority—\n\t(a)\tthe applicant must serve a copy of the application on the Authority within three days after filing the application with the Court; and\n\t(b)\tthe Court must, on application by the Authority, join the Authority as a party to the proceedings.\n\t(10)\tAn application under this section may be made in a representative capacity (but, if so, the consent of all persons on whose behalf the application is made must be obtained).\n\t(11)\tAn application may be made without notice to any person and, if the Court is satisfied on the application that the respondent has a case to answer, it may grant permission to the applicant to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.\n\t(12)\tAn application under this section must, in the first instance, be referred to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the application).\n\t(13)\tIf, on an application under this section or before the determination of the proceedings commenced by the application, the Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.\n\t(14)\tAn interim order—\n\t(a)\tmay be made on an application without notice to any person; and\n\t(b)\tmay be made whether or not the proceedings have been referred to a conference; and\n\t(c)\twill be made subject to such conditions as the Court thinks fit; and\n\t(d)\twill not operate after the proceedings in which it is made are finally determined.\n\t(15)\tWhere the Court makes an order requiring the respondent to take any specified action to make good any environmental damage or to prevent or mitigate further environmental harm, the provisions of Division 4 of Part 10 relating to—\n\t(a)\tregistration of a clean-up order in relation to land; and\n\t(b)\tthe taking of action by the Authority on non-compliance with a clean-up order; and\n\t(c)\tthe recovery of costs and expenses by the Authority,\napply in relation to the Court's order in the same way as in relation to a clean-up order issued by the Authority under that Division.\n\t(16)\tThe Court may, if it thinks fit, adjourn proceedings under this section in order to permit the respondent to make an application for an environmental authorisation that should have been but was not made, or to remedy any other default.\n\t(17)\tThe Court may order an applicant in proceedings under this section—\n\t(a)\tto provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed;\n\t(b)\tto give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (18).\n\t(18)\tIf, on an application under this section alleging a contravention of this Act or a repealed environment law, the Court is satisfied—\n\t(a)\tthat the respondent has not contravened this Act or a repealed environment law; and\n\t(b)\tthat the respondent has suffered loss or damage as a result of the actions of the applicant; and\n\t(c)\tthat in the circumstances it is appropriate to make an order under this provision,\nthe Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage suffered by the respondent.\n\t(19)\tThe Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section.\n\t(20)\tProceedings under this section based on a contravention of this Act or a repealed environment law may be commenced at any time within three years after the date of the alleged contravention or, with the authorisation of the Attorney-General, at any later time.\n\t(21)\tAn apparently genuine document purporting to be under the hand of the Attorney-General and to authorise the commencement of proceedings under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(22)\tThe Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.\n\t(23)\tWithout limiting the generality of subsection (22), in determining whether to make any order in relation to costs the Court may have regard to the following matters (so far as they are relevant):\n\t(a)\twhether the applicant is pursuing a personal interest only in bringing the proceedings or is furthering a wider group interest or the public interest;\n\t(b)\twhether or not the proceedings raise significant issues relating to the administration of this Act.\n104A—Authority may recover civil penalty in respect of contravention\n\t(1)\tSubject to this section, if the Authority is satisfied that a person has committed an offence by contravening a provision of this Act, the Authority may, as an alternative to criminal proceedings, recover, by negotiation or by application to the Environment, Resources and Development Court, an amount as a civil penalty in respect of the contravention.\n\t(2)\tThe Authority may not recover an amount under this section in respect of a contravention if the relevant offence requires proof of intention or some other state of mind, and must, in respect of any other contravention, determine whether to initiate proceedings for an offence or take action under this section, having regard to the seriousness of the contravention, the previous record of the offender and any other relevant factors.\n\t(3)\tThe Authority may not make an application to the Court under this section to recover an amount from a person as a civil penalty in respect of a contravention—\n\t(a)\tunless the Authority has served on the person a notice in the prescribed form advising the person that the person may, by written notice to the Authority, elect to be prosecuted for the contravention and the person has been allowed not less than 21 days after service of the Authority's notice to make such an election; or\n\t(b)\tif the person serves written notice on the Authority, before the making of such an application, that the person elects to be prosecuted for the contravention.\n\t(4)\tThe maximum amount that the Authority may recover by negotiation as a civil penalty in respect of a contravention is—\n\t(a)\tthe amount specified by this Act as the criminal penalty in relation to that contravention; or\n\t(b)\t$120 000,\nwhichever is the lesser.\n\t(5)\tIf, on an application by the Authority, the Environment, Resources and Development Court is satisfied on the balance of probabilities that a person has contravened a provision of this Act, the Court may order the person to pay to the Authority an amount as a civil penalty (but not exceeding the amount specified by this Act as the criminal penalty in relation to that contravention).\n\t(6)\tIn determining the amount to be paid by a person as a civil penalty, the Court must have regard to—\n\t(a)\tthe nature and extent of the contravention; and\n\t(b)\tany environmental harm or detriment to the public interest resulting from the contravention; and\n\t(c)\tany financial saving or other benefit that the person stood to gain by committing the contravention; and\n\t(d)\twhether the person has previously been found, in proceedings under this Act, to have engaged in any similar conduct; and\n\t(e)\tany other matter it considers relevant.\n\t(7)\tThe jurisdiction conferred by this section is to be part of the civil jurisdiction of the Court.\n\t(8)\tIf conduct of a person constitutes a contravention of two or more provisions of this Act, an amount may be recovered from the person under this section in relation to the contravention of any one or more of those provisions (provided that the person is not liable to pay more than one amount as a civil penalty in respect of the same conduct).\n\t(9)\tProceedings for an order under this section that a person pay an amount as a civil penalty in relation to a contravention of this Act, or for enforcement of such an order, are stayed if criminal proceedings are started or have already been started against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n\t(10)\tProceedings referred to in subsection (9) may only be resumed if the criminal proceedings do not result in a formal finding of guilt being made against the person.\n\t(11)\tEvidence of information given or evidence of the production of documents by a person is not admissible in criminal proceedings against the person if—\n\t(a)\tthe person gave the evidence or produced the documents in the course of negotiations or proceedings under this section for the recovery of an amount as a civil penalty in relation to a contravention of this Act; and\n\t(b)\tthe conduct alleged to constitute the offence is substantially the same as the conduct that was alleged to constitute the contravention.\n\t(12)\tHowever, subsection (11) does not apply to criminal proceedings in respect of the making of a false or misleading statement.\n\t(13)\tProceedings for an order under this section may be commenced at any time within three years after the date of the alleged contravention or, with the authorisation of the Attorney-General, at any later time within 10 years after the date of the alleged contravention.\n\t(14)\tAn apparently genuine document purporting to be under the hand of the Attorney‑General and to authorise the commencement of proceedings for an order under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(15)\tThe Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.\n","sortOrder":20},{"sectionNumber":"Part 12","sectionType":"part","heading":"Emergency authorisations","content":"Part 12—Emergency authorisations\n105—Emergency authorisations\n\t(1)\tThe Authority or an authorised officer may issue an authorisation in writing to a person authorising an act or omission that might otherwise constitute a contravention of this Act if the Authority or authorised officer is satisfied—\n\t(a)\tthat circumstances of urgency exist such that it is not practicable for the person to obtain an exemption; and\n\t(b)\tthat authorisation of the act or omission is justified by the need to protect life, the environment or property.\n\t(2)\tAn authorisation issued to a person under this section—\n\t(a)\tis subject to a condition that the person pay the prescribed fee (which may be recovered as a debt); and\n\t(b)\tmay be subject to such other conditions as the Authority or authorised officer considers appropriate and specifies in the authorisation.\n\t(3)\tA person incurs no liability to a penalty under this Act in respect of an act or omission authorised under this section.\n\t(4)\tA person who would, but for an authorisation under this section, have contravened a provision of this Act is, despite the authorisation, to be taken to have contravened that provision for the purposes of—\n\t(a)\tany proceedings under section 104 in respect of the contravention;\n\t(b)\tthe issuing or enforcement of a clean-up order or clean-up authorisation under this Act in respect of the contravention.\n","sortOrder":21},{"sectionNumber":"Part 13","sectionType":"part","heading":"Appeals to Court","content":"Part 13—Appeals to Court\n106—Appeals to Court\n\t(1)\tThe following appeals may be made to the Environment, Resources and Development Court:\n\t(a)\ta person who applied for a works approval or licence may appeal to the Court against a decision of the Authority—\n\t(i)\trefusing to grant the approval or licence; or\n\t(ii)\tdetermining the term of the approval or licence; or\n\t(iii)\timposing a condition of the approval or licence;\n\t(b)\tan applicant for the transfer of a works approval or licence may appeal to the Court against a decision of the Authority to refuse to approve the transfer;\n\t(c)\tthe holder of a works approval or licence may appeal to the Court against a decision of the Authority—\n\t(i)\tdetermining the term of the approval or licence on application for its renewal; or\n\t(ii)\tvarying or imposing a condition of the approval or licence or determining a matter in relation to such a condition (including a matter relating to a financial assurance lodged with the Authority); or\n\t(iii)\tsuspending or cancelling the approval or licence or imposing a disqualification on the holder; or\n\t(iv)\trefusing to approve the surrender of the approval or licence;\n\t(ca)\tthe holder of a licence may appeal to the Court against a decision of the Authority to renew the licence of its own initiative and without application by the holder of the licence;\n\t(cab)\tan applicant for endorsement of a licence under Part 6A as a sustainability licence may appeal to the Court against a decision of the Authority to refuse to endorse the licence;\n\t(cac)\tan applicant for approval of a transfer of an endorsement of a licence under Part 6A as a sustainability licence may appeal to the Court against a decision of the Authority to refuse to approve the transfer;\n\t(cad)\tthe holder of a licence may appeal to the Court against a decision of the Authority to revoke an endorsement of the licence under Part 6A as a sustainability licence;\n\t(cb)\ta person who applied for a beverage container approval may appeal to the Court against a decision of the Authority—\n\t(i)\trefusing to grant the approval; or\n\t(ii)\timposing a condition of the approval;\n\t(cc)\tthe holder of a beverage container approval may appeal to the Court against a decision of the Authority—\n\t(i)\tvarying the approval or varying or imposing a condition of the approval; or\n\t(ii)\trevoking the approval;\n\t(d)\ta person to whom an environment protection order, information discovery order, clean‑up order, site contamination assessment order or site remediation order has been issued may appeal to the Court against the order or any variation of the order.\n\t(2)\tAn appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.\n\t(3)\tSubject to this section, an appeal must be made—\n\t(a)\tin the case of an appeal against an environment protection order, information discovery order, clean‑up order, site contamination assessment order or site remediation order or variation of such an order—within 14 days after the order is issued or the variation is made;\n\t(b)\tin any other case—within two months after the making of the decision.\n\t(4)\tThe Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section.\n\t(5)\tAn appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal).\n107—Operation and implementation of decisions or orders subject to appeal\n\t(1)\tSubject to subsection (2), the making of an appeal to the Environment, Resources and Development Court against a decision or order does not affect the operation of the decision or order or prevent the taking of action to implement the decision or order.\n\t(2)\tThe Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of the decision or order appealed against if the Court is satisfied that it is appropriate to do so having regard to—\n\t(a)\tthe possible environmental consequences and the interests of any persons who may be affected by the appeal; and\n\t(b)\tthe need to secure the effectiveness of the hearing and determination of the appeal.\n\t(3)\tAn order under this section—\n\t(a)\tmay be varied or revoked by the Court by further order;\n\t(b)\tis subject to such conditions as are specified in the order;\n\t(c)\thas effect until—\n\t(i)\tthe end of the period of operation (if any) specified in the order; or\n\t(ii)\tthe decision of the Court on the appeal comes into operation,\nwhichever is the earlier.\n\t(4)\tThe Court must not make an order under this section unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.\n108—Powers of Court on determination of appeals\n\t(1)\tThe Environment, Resources and Development Court may, on hearing an appeal under this Part—\n\t(a)\tconfirm, vary or reverse any decision or order appealed against;\n\t(b)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;\n\t(c)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\n\t(2)\tHowever, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice.\n","sortOrder":22},{"sectionNumber":"Part 14","sectionType":"part","heading":"Public register","content":"Part 14—Public register\n109—Public register\n\t(1)\tThe Authority must keep a register in accordance with this section.\n\t(2)\tThe register is to be in a form determined by the Authority.\n\t(3)\tThe Authority must record in the register the following:\n\t(aa)\tdetails of any exemptions granted by the Authority under section 36(2);\n\t(a)\tsuch information as the Authority considers appropriate relating to each application for an environmental authorisation, each application for development authorisation referred to the Authority under the Planning, Development and Infrastructure Act 2016 and each application for approval of a transfer of an environmental authorisation;\n\t(b)\teach determination of the Authority made in respect of an application referred to in paragraph (a);\n\t(c)\tthe name and address of each person holding an environmental authorisation and each person granted a development authorisation on an application referred to the Authority under the Planning, Development and Infrastructure Act 2016;\n\t(d)\tthe locations at which activities are or are proposed to be undertaken pursuant to environmental authorisations or pursuant to development authorisations referred to the Authority under the Planning, Development and Infrastructure Act 2016;\n\t(e)\tthe conditions of each environmental authorisation and the conditions of each development authorisation imposed at the direction of the Authority;\n\t(f)\tdetails of any suspension, cancellation or surrender of an environmental authorisation or any disqualification imposed in relation to an environmental authorisation;\n\t(fa)\tdetails of endorsements of licences under Part 6A as sustainability licences and applications for such endorsements;\n\t(g)\tdetails of beverage container approvals and applications for beverage container approvals;\n\t(h)\tdetails of serious or material environmental harm caused or threatened in the course of an activity that come to the notice of the Authority;\n\t(i)\tdetails of site contamination notified to the Authority under section 83A;\n\t(ia)\tdetails of any environment protection order, clean‑up order, clean‑up authorisation, site contamination assessment order or site remediation order issued under this Act and of—\n\t(i)\tany action taken by the person to whom the order was issued or by the Authority or another administering agency in consequence of the order; and\n\t(ii)\tany report provided by the person to whom the order was issued in consequence of the order;\n\t(ib)\tdetails of each agreement for the exclusion or limitation of liability for site contamination to which section 103E applies;\n\t(ic)\tdetails of each agreement entered into with the Authority relating to—\n\t(i)\tan approved voluntary site contamination assessment proposal under section 103I; or\n\t(ii)\tan approved voluntary site remediation proposal under section 103K;\n\t(id)\tdetails of the circumstances giving rise to—\n\t(i)\tdeclarations of special management areas under section 103N; or\n\t(ii)\tprohibitions or restrictions on taking water under section 103S;\n\t(ie)\tdetails of each notification relating to the commencement or the termination before completion of a site contamination audit under section 103Z;\n\t(if)\teach site contamination audit report submitted to the Authority under section 103Z;\n\t(j)\tdetails of prosecutions and other enforcement action under this Act;\n\t(k)\tdetails of civil proceedings before the Environment, Resources and Development Court under this Act;\n\t(ka)\tthe following details of the recovery by the Authority, by negotiation, of an amount as a civil penalty in respect of an alleged contravention of this Act:\n\t(i)\tthe name of the person from whom the amount was recovered;\n\t(ii)\tparticulars of the alleged contravention;\n\t(iii)\tthe amount recovered;\n\t(l)\tsuch other information as is prescribed.\n\t(3a)\tIf an administering agency other than the Authority takes any action the details of which are required to be recorded in the register, the administering agency must ensure that those details are provided to the Authority as soon as practicable but, in any event, within three months after taking the action.\n\t(4)\tThe Authority must ensure that information required to be recorded in the register is recorded in the register as soon as practicable, but, in any event, within three months, after the information becomes available to the Authority.\n\t(5)\tThe register must be kept available for inspection, on payment of the prescribed fee, by members of the public during ordinary office hours at the principal office of the Authority.\n\t(6)\tA member of the public may, on payment of the prescribed fee, obtain a copy of any part of the register.\n\t(7)\tThe Governor may, by regulation, provide for the removal by the Authority of information recorded in the register under this section.\n","sortOrder":23},{"sectionNumber":"Part 15","sectionType":"part","heading":"Miscellaneous","content":"Part 15—Miscellaneous\n110—Constitution of Environment, Resources and Development Court\nThe following provisions apply in respect of the constitution of the Environment, Resources and Development Court when exercising jurisdiction under this Act:\n\t(a)\tthe Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Senior Judge of the Court so determines, be constituted of a Judge and one commissioner;\n\t(b)\tthe provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and one commissioner in the same way as in relation to a full bench of the Court;\n\t(c)\tthe Court may not be constituted of or include a commissioner unless—\n\t(i)\tin a case where only one commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or\n\t(ii)\tin any other case—at least one commissioner,\nis a commissioner who has been specifically designated by the Governor as a person who has expertise in environmental protection and management.\n111—Annual reports by Authority\n\t(1)\tThe Authority must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act during the period of 12 months that ended on the preceding 30 June.\n\t(2)\tThe Authority must include in the report—\n\t(a)\tan audited statement of the income and expenditure of the Environment Protection Fund, together with details of the items of income and expenditure of the Fund, for the period to which the report relates; and\n\t(b)\tany direction given to the Authority by the Minister during the period to which the report relates.\n\t(3)\tThe Minister must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after his or her receipt of the report.\n\t(4)\tThe report is, by force of this section, referred to the Environment, Resources and Development Committee of the Parliament.\n112—State of environment reports\n\t(1)\tThe Authority must prepare and publish at least every five years a report on the state of the environment.\n\t(2)\tThe report must be delivered to the Minister who must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after his or her receipt of the report.\n\t(3)\tThe report must—\n\t(a)\tinclude an assessment of the condition of the major environmental resources of South Australia; and\n\t(ab)\tinclude a specific assessment of the state of the River Murray, especially taking into account the Objectives for a Healthy River Murray under the River Murray Act 2003; and\n\t(b)\tidentify significant trends in environmental quality based on an analysis of indicators of environmental quality; and\n\t(c)\treview significant programmes, activities and achievements of public authorities relating to the protection, restoration or enhancement of the environment; and\n\t(d)\treview the progress made towards achieving the objects of this Act; and\n\t(e)\tidentify any significant issues and make any recommendations that, in the opinion of the Authority, should be drawn to the attention of the Minister.\n\t(4)\tThe public authorities of the State must co-operate in furnishing to the Authority any information required by the Authority for inclusion in the report.\n\t(5)\tThe Minister must, within a reasonable time after the report being delivered to the Minister, prepare and publish a response to the report.\n\t(6)\tThe Minister must cause a copy of the Minister's response to be laid before each House of Parliament within 12 sitting days after the publication of the response.\n113—Waste depot levy\n\t(1)\tThe holder of a licence to conduct a waste depot must pay the prescribed levy to the Authority in respect of waste received at the depot.\n\t(2)\tDifferential levies may be prescribed for the purposes of subsection (1).\n\t(3)\tThe levy must be paid at such intervals and in such manner as the Authority by notice in writing directs.\n\t(4)\tWhere the holder of a licence fails to pay a levy as required under this section, the Authority may, by notice in writing, require the holder to make good the default and, in addition, to pay to the Authority the amount prescribed as a penalty for default.\n\t(5)\tA levy (including any penalty for default) payable by a person under this section is recoverable by the Authority as a debt due to the Authority and is, until paid, a charge on any land owned by the person.\n\t(6)\tIn this section—\nwaste depot means a waste depot as described in Part A of Schedule 1.\n114—Waste facilities operated by Authority\n\t(1)\tThe Authority may, with the approval of the Minister and subject to such conditions as the Minister may impose, carry on operations for the collection, storage, treatment and disposal of domestic and rural waste chemicals and containers.\n\t(2)\tThe Authority does not require a licence or other authorisation under any other provisions of this Act in order to carry on operations referred to in subsection (1) and compliance with the conditions of the Minister's approval will be taken to constitute compliance with the other provisions of this Act.\n115—Delegations\n\t(1)\tThe Authority may, by instrument in writing, delegate a power or function under this Act—\n\t(a)\tto a specified public authority; or\n\t(b)\tto a particular person or committee; or\n\t(c)\tto the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the Authority to act in any matter; and\n\t(c)\tis revocable at will.\n116—Waiver or refund of fees and levies and payment by instalments\nThe Authority or another administering agency may, in cases of a kind approved by the Minister—\n\t(a)\twaive the payment of, or refund, the whole or part of a fee or levy otherwise required to be paid to the Authority or other administering agency under this Act; or\n\t(b)\tallow the payment of a fee or levy by instalments.\n117—Notices, orders or other documents issued by Authority or authorised officers\n\t(1)\tA notice, order or other document to be issued or executed by the Authority must—\n\t(a)\tbe under the common seal of the Authority affixed in accordance with this section; or\n\t(b)\tbe signed on behalf of the Authority by a person or persons in accordance with authority conferred under this section.\n\t(2)\tThe common seal of the Authority must not be affixed to a document except in pursuance of a decision of the Board, and the affixing of the seal must be attested by the signatures of two members of the Board.\n\t(3)\tThe Authority may, by instrument under its common seal, authorise a member of the Board, an authorised officer or a Public Service employee assigned to assist the Authority to execute documents on behalf of the Authority.\n\t(4)\tAn authority under subsection (3) may be given—\n\t(a)\tsubject to conditions specified in the instrument of authority;\n\t(b)\tso as to authorise two or more persons to execute documents jointly.\n\t(5)\tA notice or other document to be issued by an authorised officer must be signed by the authorised officer and state his or her name and that he or she is an authorised officer under this Act.\n118—Service\n\t(1)\tA notice, order or other document required or authorised by this Act to be given to or served on a person by the Minister, the Authority, another administering agency or an authorised officer may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting the effect of subsection (1), a notice, order or other document required or authorised to be given to or served on a person may—\n\t(a)\tif the person is the holder of an environmental authorisation or a beverage container approval—be given to or served on the person—\n\t(i)\tby posting it to the person at the address last provided to the Authority by the person for that purpose; or\n\t(ii)\tby transmitting it to the person by facsimile transmission to the number last provided to the Authority by the person for that purpose; or\n\t(b)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—be given or served on the person in accordance with that Act.\n119—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.\n\t(a)\tif the person made the statement knowing that it was false or misleading—\n\t(i)\tin the case of a body corporate—$120 000;\n\t(ii)\tin the case of a natural person—$60 000 or imprisonment for 2 years;\n\t(b)\tin any other case—\n\t(i)\tin the case of a body corporate—$60 000;\n\t(ii)\tin the case of a natural person—$30 000.\n120—Statutory declarations\nWhere a person is required by or under this Act to furnish information to the Authority or another administering agency, the Authority or other administering agency may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been so verified.\n120A—False or misleading reports\n\t(1)\tA person who makes a false or misleading report to the Authority, another administering agency or a person engaged in the administration of this Act is guilty of an offence if—\n\t(a)\tthe person knows the report is false or misleading; and\n\t(b)\tthe report is of a kind that would reasonably call for investigation or action by the Authority or another administering agency.\n\t(2)\tWhere a person is convicted of an offence against subsection (1), the court must, on application by the Authority or another administering agency, order the convicted person to pay to the Authority or other administering agency the reasonable costs and expenses incurred by the Authority or other administering agency in carrying out an investigation or taking action as a result of the false or misleading report.\n121—Confidentiality\nA person must not divulge any information relating to trade processes or financial information obtained (whether by that person or some other person) in the administration or enforcement of this Act except—\n\t(a)\tas authorised by or under this Act or the Green Industries SA Act 2004; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this Act; or\n\t(d)\tfor the purpose of any legal proceedings arising out of the administration or enforcement of this Act.\n123—Continuing offences\n\t(1)\tWhere an offence against a provision of this Act is committed by a person by reason of a continuing act or omission—\n\t(a)\tthe person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence; and\n\t(b)\tif the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence.\n\t(2)\tFor the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed.\n124—General defence\n\t(1)\tIt will be a defence in any criminal proceedings, or in any proceedings for the payment of an amount as a civil penalty, in respect of an alleged contravention of this Act, including—\n\t(a)\tproceedings against a body corporate or a natural person where conduct or a state of mind is imputed to the body or person under this Part; and\n\t(b)\tproceedings against an officer of a body corporate under this Part,\nif it is proved that the alleged contravention did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the contravention or contraventions of the same or a similar nature.\n\t(2)\tWithout limiting the effect of subsection (1), the defence provided by that subsection includes the defence that the act or omission alleged to constitute the contravention was justified by the need to protect life, the environment or property in a situation of emergency and that the defendant was not guilty of any failure to take all reasonable and practicable measures to prevent or deal with such an emergency.\n\t(3)\tWhere a body corporate or other employer seeks to establish the defence provided by this section by proving the establishment of proper workplace systems and procedures designed to prevent a contravention of this Act, that proof must be accompanied by proof—\n\t(a)\tthat proper systems and procedures were also in place whereby any such contravention or risk of such contravention of this Act that came to the knowledge of a person at any level in the workforce was required to be reported promptly to the governing body of the body corporate or to the employer, or to a person or group with the right to report to the governing body or to the employer; and\n\t(b)\tthat the governing body of the body corporate or the employer actively and effectively promoted and enforced compliance with this Act and with all such systems and procedures within all relevant areas of the workforce.\n\t(4)\tA person who would, but for the defence provided by this section, have contravened a provision of this Act is, despite that defence, to be taken to have contravened that provision for the purposes of—\n\t(a)\tany proceedings under section 104 in respect of the contravention; and\n\t(b)\tthe issuing or enforcement of any clean-up order or clean-up authorisation under this Act in respect of the contravention; and\n\t(c)\tthe making by a court of an order under section 133 in proceedings for an offence in respect of the contravention.\n125—Notice of defences\n\t(1)\tA person who, in criminal proceedings, intends to rely on the general defence under this Part or any other defence under this Act may only do so if the person gives notice in writing of that intention—\n\t(a)\tif the proceedings are for a summary offence and have been commenced by an authorised officer appointed by a council—to the council; or\n\t(b)\tin any other case—to the Authority.\n\t(2)\tA notice under subsection (1) must be given—\n\t(a)\tif the proceedings are for a summary offence—within 28 days after the summons to answer the charge is served on the person; or\n\t(b)\tif the proceedings are for a minor indictable offence where the charge is to be dealt with in the same way as a charge of a summary offence—not less than 28 days before the date for hearing of the charge; or\n\t(c)\tin any other case—within seven days after the person is committed for trial.\n126—Proof of intention etc\nSubject to any express provision in this Act to the contrary, it will not be necessary to prove any intention or other state of mind in order to establish a contravention of this Act.\n127—Imputation of conduct or state of mind of officer, employee etc\n\t(1)\tFor the purposes of proceedings for an offence against this Act or proceedings for the payment of an amount as a civil penalty in respect of an alleged contravention of this Act—\n\t(a)\tthe conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate;\n\t(b)\tthe conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.\n\t(2)\tWhere—\n\t(a)\ta natural person is convicted of an offence against this Act; and\n\t(b)\tthe person would not have been convicted of the offence but for the operation of subsection (1),\nthe person is not liable to be punished by imprisonment for the offence.\n\t(3)\tFor the purposes of this section, a reference to conduct or acting includes a reference to failure to act.\n128—Statement of officer evidence against body corporate\nIn proceedings for an offence against this Act by a body corporate or proceedings against a body corporate for the payment of an amount as a civil penalty in respect of an alleged contravention of this Act, a statement made by an officer of the body corporate is admissible as evidence against the body corporate.\n129—Liability of officers of body corporate\n\t(1)\tWhere a body corporate contravenes a provision of this Act, a person who is an officer of the body corporate is—\n\t(a)\tsubject to the general defence under this Part, guilty of a contravention of this Act; and\n\t(b)\tsubject to subsection (2), liable to the same penalty as may be imposed for the principal contravention when committed by a natural person.\n\t(2)\tWhere an officer of a body corporate is convicted of an offence under subsection (1), the officer is not liable to be punished by imprisonment for the offence.\n\t(3)\tWhere a body corporate contravenes a provision of this Act, an officer of the body corporate who knowingly promoted or acquiesced in the contravention is also guilty of contravening that provision.\n\t(4)\tAn officer of a body corporate—\n\t(a)\tmay be prosecuted and convicted of an offence pursuant to subsection (1) or (3); or\n\t(b)\tmay be ordered to pay an amount as a civil penalty pursuant to subsection (1) or (3),\nwhether or not there has been a finding by a court that the body corporate committed the contravention.\n\t(5)\tIf, in proceedings against a body corporate for an offence against this Act or for the imposition of a penalty in respect of a contravention of this Act—\n\t(a)\tinformation or a document was admitted in evidence against the body corporate; and\n\t(b)\tan officer of the body corporate had been required to give the information or produce the document under a provision of this Act; and\n\t(c)\tthe information or document was such as to tend to incriminate the body corporate of the offence or make the body corporate liable to the penalty (as the case may be),\nthe officer of the body corporate will not be guilty of a contravention of this Act as a result of the body corporate having been found guilty of the offence, or liable to the penalty, in those proceedings.\n130—Reports in respect of alleged contraventions\nWhere a person reports to the Authority or another administering agency an alleged contravention of this Act, the Authority or other administering agency (as the case may be) must, at the request of the person, advise the person as soon as practicable of the action (if any) taken or proposed to be taken by the Authority or other administering agency in respect of the allegation.\n131—Commencement of proceedings for summary offences\n\t(1)\tProceedings for a summary offence against this Act may only be commenced by an authorised officer.\n\t(2)\tProceedings for a summary offence against this Act may be commenced at any time within three years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at any later time within 10 years after the date of the alleged commission of the offence.\n\t(3)\tAn apparently genuine document purporting to be signed by the Attorney-General authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(4)\tWhere proceedings for a summary offence against this Act are commenced by an authorised officer who is an officer or employee of a council, any penalty imposed in respect of the offence is payable to and may be retained by the council.\n132—Offences and Environment, Resources and Development Court\nOffences constituted by this Act lie within the criminal jurisdiction of the Environment, Resources and Development Court.\n133—Orders in respect of contraventions\n\t(1)\tWhere, in proceedings under this Act, the court finds that the defendant contravened this Act and the contravention has resulted in environmental harm, the court may, in addition to any penalty it may impose, do one or more of the following:\n\t(a)\torder the person to take specified action to make good any resulting environmental damage and, if appropriate, to take specified action to prevent or mitigate further environmental harm;\n\t(b)\torder the person to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit;\n\t(c)\torder the person to take specified action to publicise the contravention and its environmental and other consequences and any other orders made against the person;\n\t(d)\torder the person to pay—\n\t(i)\tto any public authority that has incurred costs or expenses in taking action to prevent or mitigate the environmental harm or to make good any resulting environmental damage; and\n\t(ii)\tto any person who has suffered injury or loss or damage to property as a result of the contravention, or incurred costs or expenses in taking action to prevent or mitigate such injury, loss or damage,\nthe reasonable costs and expenses so incurred, or compensation for the injury, loss or damage so suffered, as the case may be, in such amount as is determined by the court.\n\t(1a)\tWhere a person is found by a court to have contravened this Act, the court may, in addition to any penalty it may impose, order the person to pay to the Authority an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention.\n\t(1b)\tFor the purposes of subsection (1a), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.\n\t(2)\tThe court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.\n\t(3)\tAn amount paid to the Authority in accordance with an order under subsection (1a) must be paid into the Environment Protection Fund.\n134—Appointment of analysts\nThe Authority may, with the approval of the Minister, appoint a person to be an analyst for the purposes of this Act.\n135—Recovery of administrative and technical costs associated with contraventions\n\t(1)\tWhere a person has contravened this Act and the Authority or another administering agency—\n\t(a)\thas taken action to—\n\t(i)\tinvestigate the contravention; or\n\t(ii)\tissue an order under Part 10 in respect of the contravention; or\n\t(iii)\tensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act; or\n\t(b)\thas, in taking such action, incurred costs and expenses in taking samples or in conducting tests, examinations or analyses,\nthe Authority or other administering agency may, by notice in writing served on the person, require the person to pay to the Authority or other administering agency—\n\t(c)\tin respect of action to investigate the contravention or to issue an order under Part 10 in respect of the contravention—a fee fixed by, or calculated in accordance with, the regulations; or\n\t(d)\tin respect of action to ensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act—the reasonable costs and expenses incurred by the Authority or other administering agency in taking that action; or\n\t(e)\tin respect of costs and expenses incurred in taking samples or in conducting tests, examinations or analyses—the reasonable costs and expenses so incurred by the Authority or other administering agency.\n\t(2)\tSubject to subsection (3), an amount payable to the Authority or another administering agency in accordance with a notice under this section must be paid within the period specified in the notice.\n\t(3)\tOn application by a person who has been served a notice under this section, the Authority or other administering agency that served the notice may, by notice in writing—\n\t(a)\textend the time for payment of an amount payable in accordance with the notice; or\n\t(b)\twaive payment of such an amount or reduce the amount payable.\n\t(4)\tA person who fails to pay an amount payable to the Authority or another administering agency in accordance with this section is guilty of an offence.\nMaximum penalty: $1 000.\nExpiation fee: $500.\n\t(5)\tIf a notice is issued under this section in respect of a contravention and—\n\t(a)\tthe contravention is the subject of an appeal; or\n\t(b)\tthe notice requires payment of an amount in respect of the issue of an order under Part 10 and the order is the subject of an appeal,\nthe notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the contravention was committed or that the order was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined).\n\t(6)\tA notice served on the holder of an environmental authorisation under this section in respect of a contravention of a condition of the authorisation—\n\t(a)\tmust not require the payment of a fee in respect of action taken, or costs and expenses incurred, in investigating the contravention unless the contravention has been established, or is taken to have been established, against the holder of the authorisation; but\n\t(b)\tmay require—\n\t(i)\tthe payment of a fee in respect of the issue of an order under Part 10 in respect of the contravention; or\n\t(ii)\tthe payment of reasonable costs and expenses incurred—\n\t(A)\tin taking action to ensure compliance with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act; or\n\t(B)\tin taking samples or in conducting tests, examinations or analyses in the course of taking such action,\nwhether or not the contravention has been established, or is taken to have been established, against the holder of the authorisation.\n\t(7)\tFor the purposes of subsection (6), a contravention of a condition of an environmental authorisation has been established, or is taken to have been established, against the holder of the authorisation if—\n\t(a)\ta court, in criminal proceedings or in proceedings under section 104A, has found that the holder of the authorisation committed the contravention; or\n\t(b)\tthe holder of the authorisation, by negotiation with the Authority under section 104A, has agreed to pay a civil penalty in respect of the contravention.\n\t(8)\tIf an amount payable to the Authority or another administering agency is not paid in accordance with this section, the amount may be recovered as a debt by the Authority or other administering agency.\n135A—Recovery of administrative and technical costs associated with action under Part 10A\n\t(1)\tThis section applies to the following action taken by the Authority:\n\t(a)\tconducting investigations (including taking samples or conducting tests, examinations or analyses) in connection with—\n\t(i)\tissuing a site contamination assessment order or site remediation order; or\n\t(ii)\tentering into an agreement for an approved voluntary site contamination assessment proposal under section 103I or an approved voluntary site remediation proposal under section 103K; or\n\t(b)\tinvestigating or monitoring compliance with such an order or agreement (including taking samples or conducting tests, examinations or analyses); or\n\t(c)\tconducting negotiations with the relevant person in relation to such an order or agreement.\n\t(2)\tIf the Authority has incurred costs or expenses in taking action to which this section applies, the Authority may, by notice in writing served on the relevant person, require the person to pay to the Authority a fee fixed by, or calculated in accordance with, the regulations.\n\t(3)\tSubject to subsection (4), an amount payable to the Authority in accordance with a notice under this section must be paid within the period specified in the notice.\n\t(4)\tOn application by a person who has been served a notice under this section, the Authority may, by notice in writing—\n\t(a)\textend the time for payment of an amount payable in accordance with the notice; or\n\t(b)\twaive payment of such an amount or reduce the amount payable.\n\t(5)\tA person who fails to pay an amount payable to the Authority in accordance with this section is guilty of an offence.\nMaximum penalty: $1 000.\nExpiation fee: $500.\n\t(6)\tIf a notice issued under this section requires payment of an amount in respect of a site contamination assessment order or site remediation order and the order is the subject of an appeal, the notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the order was contravened or that the order was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined).\n\t(7)\tIf an amount payable to the Authority is not paid in accordance with this section, the amount may be recovered as a debt by the Authority.\n\t(8)\tIn this section—\nrelevant person, in relation to a site, means the person—\n\t(a)\twho is or who would be the appropriate person to be issued with a site contamination assessment order or site remediation order in respect of the site (determined in accordance with section 103C); and\n\t(b)\tin respect of whom action to which this section applies is being or has been taken.\n136—Assessment of reasonable costs and expenses\nFor the purposes of this Act, the reasonable costs and expenses that have been or would be incurred by the Authority, another administering agency or some other public authority or person in taking any action are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by independent contractors engaged for that purpose.\n137—Recovery from related bodies corporate\nWhere—\n\t(a)\tan amount is payable by a body corporate pursuant to this Act or an order of a court made under this Act; and\n\t(b)\tat the time of the contravention giving rise to that liability, that body and another body were related bodies corporate,\nthe related bodies corporate are jointly and severally liable to make the payment.\n137A—Joint and several liability\nWhere an amount is recoverable by the Authority or another administering agency from two or more persons under a provision of this Act, the provision is to be construed as if those persons were jointly and severally liable to pay the amount to the Authority or other administering agency (as the case may be).\n138—Enforcement of charge on land\n\t(1)\tIf any default is made in payment of an amount that is, by virtue of this Act, a charge on land in favour of the Minister, the Authority or another administering agency, the Minister, the Authority or the other administering agency has the same powers in respect of the land charged as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage.\n\t(2)\tThis section and the other provisions of this Act relating to registration by the Registrar-General and the priority of charges apply notwithstanding the provisions of the Real Property Act 1886.\n139—Evidentiary\n\t(1)\tIn any proceedings, a certificate executed by the Minister, the Authority or another administering agency certifying as to a matter relating to—\n\t(a)\tan environmental authorisation or other authorisation under this Act; or\n\t(b)\tthe appointment or non-appointment of a person as an authorised officer or an analyst or otherwise under this Act; or\n\t(c)\ta delegation or authority under this Act; or\n\t(d)\ta notice, order, requirement or direction of the Minister, the Authority or the other administering agency under this Act; or\n\t(e)\tany other decision of the Minister, the Authority or the other administering agency; or\n\t(f)\tthe receipt or non-receipt by the Minister, the Authority or the other administering agency of a notification or information required to be given or furnished to the Authority or the Minister under this Act,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(2)\tIn any proceedings for the recovery of reasonable costs and expenses incurred by the Minister, the Authority, another administering agency or some other public authority under this Act, a certificate executed by the Minister, the Authority, the other administering agency or other public authority detailing the costs and expenses and the purpose for which they were incurred constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(3)\tAn allegation in a complaint that specified matter was a pollutant constitutes proof, in the absence of proof to the contrary, of the matters so alleged.\n\t(3a)\tAn allegation in an information that specified matter was waste or other matter constitutes proof, in the absence of proof to the contrary, of the matters so alleged.\n\t(4)\tIn any proceedings for an offence against this Act where it is alleged that the defendant caused an environmental nuisance, evidence by an authorised officer that he or she formed the opinion based on his or her own senses—\n\t(a)\tthat pollutants discharged or emitted from a place occupied by the defendant travelled to a place occupied by another person; and\n\t(b)\tthat the level, nature or extent of the pollution within the place occupied by the other person was such as to constitute an unreasonable interference with the person's enjoyment of the place,\nconstitutes proof, in the absence of proof to the contrary, that the defendant caused an environmental nuisance.\n\t(4a)\tIn any proceedings for an offence against this Act, a certificate of an authorised officer certifying that, at a specified time—\n\t(a)\ta specified vehicle was stopped or parked in a specified place; or\n\t(b)\ta specified person was the owner of a specified vehicle,\nconstitutes proof, in the absence of proof to the contrary, of those matters.\n\t(5)\tIn any proceedings, a certificate executed by a person appointed by the Authority as an analyst for the purposes of this Act and setting out details as to an analysis carried out by or under the direction of the person and the results of the analysis constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(6)\tAn apparently genuine document purporting to be an authorisation, notice, order, certificate or other document, or a copy of an authorisation, notice, order, certificate or other document, issued or executed—\n\t(a)\tby the Minister, the Authority, another administering agency or an authorised officer under this Act; or\n\t(b)\tby a public authority for the purpose of recovering costs and expenses incurred by the public authority under this Act; or\n\t(c)\tby an analyst appointed by the Authority for the purposes of this Act,\nwill be accepted as such in the absence of proof to the contrary.\n140—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(aa)\tmake provisions implementing a national environment protection measure;\n\t(a)\tamend Schedule 1 by—\n\t(i)\tinserting a provision into, substituting a provision in, or deleting a provision from, the Schedule; or\n\t(ii)\tinserting material into, substituting material in, or deleting material from, a provision of the Schedule;\n\t(ab)\tprovide for the manner in which Acts or instruments may refer to a prescribed activity of environmental significance (eg by way of an item number or an activity (or both));\n\t(b)\texempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions;\n\t(c)\tprescribe forms for the purposes of this Act;\n\t(d)\tprescribe fees, or provide for the Authority to determine fees, to be paid in respect of any matter under this Act and provide for the recovery of those fees;\n\t(da)\tprovide for matters relating to the identification or tracking of waste or other matter or the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter at depots, facilities, works or any other place including—\n\t(i)\tthe weighing, calculation and certification of mass or volume of the waste or matter; and\n\t(ii)\tthe monitoring of the handling, storage, treatment, transfer, transportation, receipt or disposal of the waste or matter; and\n\t(iii)\tthe installation, use or maintenance of cameras at depots, facilities or works; and\n\t(iv)\tthe installation, use or maintenance of GPS devices in or in relation to vehicles of a prescribed class (including, but not limited to, vehicles used in the course of a prescribed activity of environmental significance); and\n\t(v)\tthe prevention of tampering with such cameras or GPS devices; and\n\t(vi)\tthe access, use or retention by the Authority or another administering agency of information collected by such cameras or GPS devices;\n\t(db)\tprovide for the furnishing to the Authority, another administering agency or an authorised officer, of any other reports, statements, documents or other forms of information;\n\t(e)\tauthorise the release or publication of information of a specified kind obtained in the administration of this Act;\n\t(f)\tinclude evidentiary provisions to facilitate proof of contraventions of this Act for the purposes of proceedings for offences;\n\t(g)\tprescribe fines (not exceeding $10 000) for offences against the regulations;\n\t(h)\tprescribe expiation fees (not exceeding $1 000) for alleged offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply;\n\t(ba)\trefer to, or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed person or body, as in force from time to time or as in force at a specified time; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Authority, another administering agency, an authorised officer or a prescribed person or body.\n\t(3a)\tIf the regulations refer to a code, standard or other document—\n\t(a)\ta copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and\n\t(b)\tin any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister or the Authority or another administering agency as a true copy of the code, standard or other document; and\n\t(c)\tthe code, standard or other document has effect as if it were a regulation made under this Act.\n\t(4)\tA regulation under this Act may prescribe differential fees for the purposes of this Act or may provide for fees to be determined by reference to factors related to the quality and quantity of pollution caused or likely to be caused by the persons liable to pay the fees or by reference to other factors.\n\t(5)\tA regulation under this Act may make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations or environment protection policies under this Act.\n\t(6)\tA provision referred to in subsection (5) may, if the regulations so provide, take effect from the date of assent to this Act or a later day.\n\t(7)\tTo the extent to which a provision referred to in subsection (5) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—\n\t(a)\tto affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or\n\t(b)\tto impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication.\n","sortOrder":24},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Prescribed activities of environmental significance","content":"Schedule 1—Prescribed activities of environmental significance\nPart AA—Interpretation\nA1—Interpretation\n\t(1)\tIn this Schedule, unless the contrary intention appears—\ncommunity wastewater management system or CWMS means a system for the collection and management of wastewater generated in a town, regional area or other community;\ncontaminated stormwater has the same meaning as in the Environment Protection (Water Quality) Policy 2015;\ndomestic waste means waste produced in the course of a domestic activity;\ne‑waste means waste comprised of electrical or electronic equipment;\nhuman wastewater means human waste either alone or in combination with water;\nliquid waste means waste classified as liquid waste in accordance with the assessment process set out in the guideline Liquid waste classification test, re‑issued by the Authority in September 2003;\nlisted waste means a substance or thing listed in Part B of this Schedule;\nmedical practice includes the practice of pathology and the operation of an immunisation clinic;\nmedical sharps means needles, syringes with needles, surgical instruments or any other articles or devices that have been discarded in the course of medical, dental or veterinary practice or research and have sharp edges, protuberances or points capable of causing a penetrating injury to a person who comes into contact with them;\nmedical waste means—\n\t(a)\tmedical sharps; or\n\t(b)\thuman tissue, bone, organ, body part or foetus; or\n\t(c)\ta vessel, bag or tube containing a liquid body substance; or\n\t(d)\tan animal carcass discarded in the course of veterinary or medical practice or research; or\n\t(e)\ta specimen or culture discarded in the course of medical, dental or veterinary practice or research and any material that has come into contact with such a specimen or culture; or\n\t(f)\tany other article or matter that is discarded in the course of medical, dental or veterinary practice or research and that poses a significant risk to the health of a person who comes into contact with it;\non-site, in relation to the storage or disposal of waste or other matter—see subclause (3)(a);\nprescribed factors—see subclause (3)(b);\nprescribed approved activity—each of the following is a prescribed approved activity:\n\t(a)\tthe on‑site storage or disposal of domestic waste;\n\t(b)\ta regulated beverage container activity;\n\t(c)\ta regulated drop‑off station for e‑waste;\n\t(d)\tthe temporary on‑site storage of waste (other than tyre waste) while awaiting transport to another place;\n\t(e)\tthe conduct of a depot, works or facility—\n\t(i)\tfor the disposal by incineration (by way of thermal oxidation using fuel burning equipment) of solid trade waste; and\n\t(ii)\tthat has a processing capacity not exceeding 100 kilograms per hour;\n\t(f)\tthe storage or disposal of tyre waste in a manner approved by the Authority;\n\t(g)\tthe disposal of human wastewater or sewage to land in a manner approved by the Authority;\nquarantine waste means waste that is subject to quarantine under the Quarantine Act 1908 of the Commonwealth;\nregulated beverage container activity—see subclause (2);\nregulated drop-off station for e-waste means a depot, facility or works for the reception of e-waste conducted at a particular location on an occasional basis (not exceeding a total of 30 days during a 12 month period) by a council or other public authority or under a co‑regulatory arrangement (within the meaning of the Product Stewardship Act 2011 of the Commonwealth);\ntyre waste means waste or other matter comprised of tyres or tyre pieces;\nwaste has the same meaning as in section 4, and includes wastewater;\nwastewater means waste principally consisting of water and includes—\n\t(a)\thuman wastewater;\n\t(b)\tsewage;\n\t(c)\twater containing food or beverage waste;\n\t(d)\twash down water or cooling water;\n\t(e)\tirrigation runoff or contaminated stormwater;\n\t(f)\twater containing any other trade waste or industrial waste;\n\t(g)\tany other water that has been used in any form of human activity;\n\t(h)\ta combination of any of the above.\n\t(2)\tFor the purposes of this Schedule, each of the following is a regulated beverage container activity:\n\t(a)\tthe collection and handling of beverage containers by the holder of an approval to operate a collection depot under section 69;\n\t(b)\tthe collection, handling and delivery for reuse, recycling or other disposal of beverage containers by the holder of an approval to carry on business as a super collector under section 69;\n\t(c)\tthe handling for charitable or non‑profit purposes only of beverage containers bearing an approved refund marking under Part 8 Division 2.\n\t(3)\tFor the purposes of this Schedule, unless the contrary intention appears—\n\t(a)\ta reference to the on‑site storage or disposal of waste or other matter is a reference to the storage or disposal of the waste or matter at the place at which the waste or matter was generated; and\n\t(b)\ta reference to the prescribed factors, in relation to an activity, is a reference to—\n\t(i)\tthe nature and purpose of the activity; and\n\t(ii)\tthe location of the activity; and\n\t(iii)\tthe scale and duration of the activity; and\n\t(iv)\tthe nature and amount of any waste or pollution produced by the activity; and\n\t(v)\tthe manner of conduct of the activity; and\n\t(vi)\tany other factors considered relevant by the Authority.\nPart A—Activities\nA2—Interpretation—waste depot\nFor the purposes of section 113(6), a waste depot means any depot, facility or works of a kind referred to in clause 3 of this Part at which waste is received.\n1—Petroleum and Chemical\n\t(1)\tChemical Storage and Warehousing Facilities\nthe storage or warehousing of chemicals or chemical products that are, or are to be, stored or kept in bulk or in containers having a capacity exceeding 200 litres at facilities with a total storage capacity exceeding 1 000 cubic metres.\n\t(2)\tChemical Works\n\t(a)\tworks with a total processing capacity exceeding 100 tonnes per year involving either or both of the following operations:\n\t(i)\tmanufacture (through chemical reaction) of any inorganic chemical, including sulphuric acid, inorganic fertilisers, soap, sodium silicate, lime or other calcium compound;\n\t(ii)\tmanufacture (through chemical reaction) or processing of any organic chemical or chemical product or petrochemical, including the separation of such materials into different products by distillation or other means; or\n\t(b)\tworks with a total processing capacity exceeding 5 000 tonnes per year involving operations for salt production; or\n\t(c)\tworks for the production of hydrogen with a production capacity of more than 100 tonnes per year.\n\t(3)\tCoke Works\nthe production, quenching, cutting, crushing and grading of coke.\n\t(5)\tHydrocarbon storage or production works\nthe conduct of works or a facility—\n\t(a)\tfor the storage of hydrocarbon or hydrocarbon products in tanks that, in aggregate, have a storage capacity of more than 2 000 cubic metres; or\n\t(b)\tfor the production of hydrocarbon or hydrocarbon products, being works with a production capacity of more than 20 tonnes per hour.\n\t(5a)\tPetrol stations\nthe conduct of a petrol station, being a facility for the storage and retail sale of petroleum products or other liquid organic chemical substances.\npetroleum product has the same meaning as in the Petroleum Products Regulation Act 1995.\n\t(6)\tTimber preservation works\nthe conduct of works for the preservation of timber by chemicals, but excluding the preservation by a primary producer of timber for use in the course of primary production carried on by the producer.\n2—Manufacturing and Mineral Processing\n\t(1)\tAbrasive Blasting\nthe cleaning of materials by the abrasive action of any metal shot or mineral particulate propelled in a gaseous or liquid medium (otherwise than solely by using blast cleaning cabinets less than 5 cubic metres in volume or totally enclosed automatic blast cleaning units).\n\t(2)\tHot Mix Asphalt Preparation\nthe conduct of works at which crushed or ground rock aggregates are mixed with bituminous or asphaltic materials (by heating in a furnace, kiln or other fuel fired plant) for the purposes of producing road building mixtures.\n\t(3)\tCement Works\nthe conduct of works for the use of argillaceous and calcareous materials in the production of cement clinker or the grinding of cement clinker.\n\t(4)\tCeramic Works\nthe conduct of works for the production of any products such as bricks, tiles, pipes, pottery goods, refractories, or glass that are manufactured or are capable of being manufactured in furnaces or kilns fired by any fuel, being works with a total capacity for the production of such products exceeding 100 tonnes per year.\n\t(5)\tConcrete Batching Works\nthe conduct of works for the production of concrete or concrete products that are manufactured or are capable of being manufactured by the mixing of cement, sand, rock, aggregate or other similar materials, being works with a total capacity for production of such products exceeding 0.5 cubic metres per production cycle.\n\t(6)\tDrum reconditioning or treatment works\nthe conduct of works for the cleaning, repairing, reconditioning or other treatment of metal or plastic drums or containers for the purposes of their reuse, including any associated storage facility.\n\t(7)\tFerrous and Non-ferrous Metal Melting\nthe melting of ferrous or non-ferrous metal in a furnace or furnaces that alone or in aggregate have the capacity to melt in excess of 500 kilograms of metal during the normal cycle of operation.\n\t(8)\tMetallurgical Works\nthe conduct of works at which ores are smelted or reduced to produce metal.\n\t(9)\tMineral Works\nthe conduct of works for processing mineral ores, sands or earths to produce mineral concentrates.\n\t(10)\tPulp or Paper Works\nthe conduct of works at which paper pulp or paper is manufactured or is capable of being manufactured, being works with a total capacity for production of such products exceeding 100 tonnes per year.\n\t(12)\tSurface Coating\n\t(a)\tworks for metal finishing, in which metal surfaces are prepared or finished by means of electroplating, electrolyse plating, anodising (chromating, phosphating and colouring), chemical etching or milling, or printed circuit board manufacture, being works producing more than 5 kilolitres per day of effluent; or\n\t(b)\tworks for hot dip galvanising; or\n\t(c)\tworks for spray painting or powder coating with a capacity to use more than 100 litres per day of paint or 10 kilograms per day of dry powder.\n\t(13)\tTimber Processing Works\nthe conduct of works (other than works at a builders supply yard or a home improvement centre) at which timber is sawn, cut, chipped, compressed, milled or machined, being works with a total processing capacity exceeding 4 000 cubic metres per year.\n\t(14)\tMaritime Construction Works\nthe conduct of works for the construction or repair of ships, vessels or floating platforms or structures, being works with the capacity to construct or repair ships, vessels or floating platforms or structures of a mass exceeding 80 tonnes.\n\t(15)\tVehicle Production\nthe conduct of works for the production of motor vehicles, being works with a production capacity exceeding 2 000 motor vehicles per year.\n3—Resource recovery, waste disposal and related activities\n\t(1)\tWaste recovery\nthe conduct of a waste recovery facility, being a depot, facility or works (including, but not limited to, a transfer station or material recovery facility) that, during a 12 month period, receives for preliminary treatment, or has the capacity for the preliminary treatment of—\n\t(a)\tmore than 100 tonnes of solid waste or matter; or\n\t(b)\tmore than 100 kilolitres of liquid waste or matter,\nprior to its transfer elsewhere for lawful reuse, further treatment or disposal, but excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.\npreliminary treatment, of waste or matter, includes sorting, aggregating, compacting, baling or packaging the waste or matter.\n\t(2)\tWaste reprocessing\n\t(a)\tcomposting works, being a depot, facility or works with the capacity to treat, during a 12 month period—\n\t(i)\tin the case of works located wholly or partly within a water protection area—more than 200 tonnes of organic waste or matter; or\n\t(ii)\tin the case of works located wholly outside of a water protection area—more than 1 000 tonnes of organic waste or matter,\nfor the production of compost; or\n\t(b)\tscrap metal treatment works, being a depot, facility or works for the treatment of scrap metal (by processes involving electrically heated furnaces or other fuel burning equipment or by mechanical processes); or\n\t(c)\ttyre waste treatment works, being a depot, facility or works with the capacity to treat more than 5 tonnes of tyre waste during a 12 month period; or\n\t(d)\twaste lead acid battery treatment works, being a depot, facility or works with the capacity to treat more than 500 waste lead acid batteries during a 12 month period; or\n\t(e)\tany other waste reprocessing facility, being a depot, works or facility other than a depot, facility or works specified in a preceding paragraph) that, during a 12 month period, receives or has the capacity to treat—\n\t(i)\tmore than 100 tonnes of solid waste or matter; or\n\t(ii)\tmore than 100 kilolitres of liquid waste or matter,\nfor the production of energy or materials that are ready for use (without requiring further treatment),\nbut excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.\n\t(3)\tWaste disposal\n\t(a)\ta landfill depot, being a depot, facility or works for the disposal of waste to land; or\n\t(b)\ta liquid waste depot, being a depot, facility or works for the reception and disposal of liquid waste, or the reception, treatment and disposal of liquid waste; or\n\t(c)\tan incineration depot, being a depot, facility or works for the disposal, by incineration, pyrolysis or gasification by high temperature chemical decomposition, or thermal oxidation using fuel burning equipment, of solid waste, a listed waste or quarantine waste,\nbut excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.\n\t(4)\tWastewater treatment\nthe conduct of wastewater treatment works, being sewage treatment works, a CWMS, winery wastewater treatment works or any other wastewater treatment works with the capacity to treat, during a 12 month period—\n\t(a)\tin the case of works located wholly or partly within a water protection area—more than 5 megalitres of wastewater; or\n\t(b)\tin the case of works located wholly outside of a water protection area—more than 50 megalitres of wastewater.\n\t(5)\tActivities involving listed wastes\n\t(a)\tan activity producing listed waste—the conduct of an activity in which a listed waste is produced as waste or becomes waste, but excluding the following:\n\t(i)\ta domestic activity;\n\t(ii)\tretail pharmacy;\n\t(iii)\tmedical practice (other than the practice of pathology);\n\t(iv)\tnursing practice;\n\t(v)\tdental practice;\n\t(vi)\tveterinary practice;\n\t(vii)\tthe conduct of a nursing home or other residential aged care facility;\n\t(viii)\tthe conduct of an immunisation clinic;\n\t(ix)\tthe conduct of a hospital with capacity of fewer than 40 beds;\n\t(x)\ta prescribed industrial activity;\n\t(xi)\tan activity in which the waste produced is lawfully disposed of to a sewer;\n\t(xii)\tan activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified;\n\t(b)\treception or storage of listed waste—the conduct of a depot, facility or works for the reception or storage of a listed waste, but excluding the following:\n\t(i)\tthe temporary on-site storage of such waste while awaiting transport to another place;\n\t(ii)\tan activity consisting only of storing or distributing goods, in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified;\n\t(iii)\tthe reception or storage by a council or hospital of medical waste produced in the course of a prescribed medical activity;\n\t(iv)\tthe reception or storage by a retail pharmacy of personal sharps waste, pharmaceutical waste or other medical waste, in connection with a return system for such waste;\n\t(c)\ttreatment of listed waste—the conduct of a depot, facility or works for the treatment of a listed waste, or wastewater containing a listed waste, by immobilising, stabilising or sterilising the waste by any process (before its further treatment or disposal), but excluding an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.\npersonal sharps waste means medical sharps that have been used in a domestic situation for medical purposes;\npharmaceutical waste means waste comprised of medicines or other pharmaceutical products;\nprescribed industrial activity—each of the following is a prescribed industrial activity:\n\t(a)\tbuilding work;\n\t(b)\tcarpentry or joinery;\n\t(c)\tfilm processing;\n\t(d)\tplumbing or gas fitting;\n\t(e)\tdry cleaning;\n\t(f)\tprimary or secondary school education;\n\t(g)\tagriculture or horticulture;\n\t(h)\tfrench polishing;\n\t(i)\tmanufacturing jewellery;\n\t(j)\tpainting or decorating;\n\t(k)\tpanel beating and associated spray painting;\n\t(l)\tan activity that results in the production of less than 50 000 litres of waste oil per year;\n\t(m)\tan activity authorised by a lease or licence under the Mining Act 1971, the Petroleum and Geothermal Energy Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982 where the waste is lawfully disposed of to land and contained within the area of the lease or licence;\n\t(n)\tan activity authorised by a lease under the Mining Act 1971 where the waste is lawfully disposed of to land and contained within the area of a miscellaneous purposes licence under that Act adjacent to the area of the lease;\nprescribed medical activity—each of the following is a prescribed medical activity:\n\t(a)\tmedical practice other than—\n\t(i)\tmedical practice at a hospital; or\n\t(ii)\tthe practice of pathology;\n\t(b)\tnursing practice other than at a hospital;\n\t(c)\tdental practice other than at a hospital;\n\t(d)\toperating a nursing home;\n\t(e)\tveterinary practice;\n\t(f)\toperating a hospital with a capacity of less than 40 beds;\n\t(g)\toperating an immunisation clinic.\n\t(6)\tWaste transport\n\t(a)\ta waste transport business (category A), being the collection or transport for fee or reward of—\n\t(i)\ta listed waste; or\n\t(ii)\tliquid waste (not being such waste lawfully disposed of to a sewer) arising from any commercial or industrial premises or from any teaching or research institution; or\n\t(b)\ta waste transport business (category B), being the collection or transport for fee or reward of—\n\t(i)\twaste from domestic premises where the waste is collected or transported for or on behalf of a council; or\n\t(ii)\tsolid waste from any commercial or industrial premises or from any teaching or research institution (other than building or demolition waste); or\n\t(iii)\thuman wastewater from a CWMS or a septic tank or other on‑site wastewater system; or\n\t(iv)\twaste soil containing a listed waste in a concentration above that naturally occurring in soil in the area,\nbut excluding an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.\n4—Activities in Specified Areas\n\t(1)\tBrukunga Mine Site\nthe management of the abandoned Brukunga mine site and associated acid neutralisation plant situated adjacent to Dawesley Creek in the Mount Lofty Ranges.\n\t(2)\tDischarge of Stormwater to Underground Aquifers\ndischarge of stormwater from a catchment area exceeding 1 hectare to an underground aquifer by way of a well or other direct means where the stormwater drains to the aquifer from—\n\t(a)\tland or premises on which a business is carried on in the council area of the City of Mount Gambier; or\n\t(b)\ta stormwater drainage system in the council area of the City of Mount Gambier; or\n\t(c)\ta stormwater drainage system in Metropolitan Adelaide as defined in the Development Act 1993 (being Metropolitan Adelaide as applying under Schedule 8 of the Planning, Development and Infrastructure Act 2016).\n5—Animal Husbandry and Other Activities\n\t(1)\tCattle Feedlots\ncarrying on an operation for holding in a confined yard or area and feeding principally by mechanical means or by hand—\n\t(a)\tnot less than an average of 500 cattle per day over any period of 12 months; or\n\t(b)\twhere the yard or area is situated in a water protection area (as declared under Part 8 of this Act)—not less than an average of 200 cattle per day over any period of 12 months,\nbut not including any such operation carried on at an abattoir, slaughterhouse or saleyard or for the purpose only of drought or other emergency feeding.\n\t(3)\tSaleyards\nthe commercial conduct of yards at which cattle, sheep or other animals are gathered or confined for the purpose of their sale, auction or exchange, including associated transport loading facilities, being yards with a throughput exceeding 50 000 sheep equivalent units per year [sheep equivalent units: 1 sheep or goat = 1 unit, 1 pig (< 40kg) = 1 unit, 1 pig (> 40kg) = 4 units, 1 cattle (< 40kg) = 3 units, 1 cattle (40—400kg) = 6 units, 1 cattle (> 400kg) = 8 units].\n\t(4)\tPiggeries\nthe conduct of a piggery (being premises having confined or roofed structures for keeping pigs) with a capacity of—\n\t(a)\tin the case of a piggery located wholly outside of a water protection area—6 500 or more standard pig units; or\n\t(b)\tin the case of a piggery located wholly or partly within a water protection area—650 or more standard pig units.\nstandard pig units is a unit of measurement of pigs determined—\n\t(a)\tby reference to clause 4.3 of the National Environmental Guidelines for Piggeries 2010 (second edition (revised)) prepared by Australian Pork Limited; or\n\t(b)\tin a manner approved by the Environment Protection Authority and published on a website determined by the Environment Protection Authority.\n\t(5)\tPoultry Farms—broiler\nthe conduct of a broiler farm, being premises for the growing of poultry meat where the total area of the sheds or structures used to keep the poultry is 13 500 square metres or more.\npoultry means chicken, turkey, guinea fowl, duck, geese, pheasants, quail, squab (pigeons), muttonbirds or other avian species but does not include ratites.\n6—Food Production and Animal and Plant Product Processing\n\t(1)\tMeat processing works\nthe conduct of slaughtering works for commercial purposes for the production of meat or meat products for human or animal consumption, being—\n\t(a)\tin the case of poultry or poultry meat products—works with a rate of production exceeding 200 tonnes per year; or\n\t(b)\tin the case of any other animal meat or animal meat products—works with a rate of production exceeding 100 tonnes per year.\n\t(2)\tBreweries\nthe conduct of works for the production of beer by infusion, boiling or fermentation, being works with a beer production capacity exceeding 5 000 litres per day.\n\t(4)\tFish Processing\nthe conduct of works for scaling, gilling, gutting, filleting or otherwise processing fish for sale, but excluding—\n\t(a)\tworks with a processing output of less than 100 tonnes per year where wastewater is disposed of to a sewer or CWMS; or\n\t(b)\tworks with a processing output of less than 2 tonnes per year where wastewater is disposed of otherwise than to a sewer or CWMS; or\n\t(c)\tprocessing of fish only in the course of a business of selling fish by retail.\nfish has the same meaning as in the Fisheries Management Act 2007;\nprocessing fish does not include freezing, chilling or packing the fish.\n\t(5)\tMilk Processing Works\nthe conduct of works at which milk is separated, evaporated or otherwise processed for the manufacture of evaporated or condensed milk, cheese, butter, ice cream or other similar dairy products, being works at which milk is processed at a rate exceeding 5 000 000 litres per year.\n\t(6)\tProduce Processing Works\nthe conduct of works for processing any agricultural crop material being—\n\t(a)\tworks for the processing of agricultural crop material by deep fat frying, roasting or drying through the application of heat with a processing capacity exceeding 30 kilograms per hour; or\n\t(b)\tworks at which more than 10 000 000 litres of wastewater is generated and disposed of otherwise than to a sewer or CWMS.\n\t(7)\tRendering or Fat Extraction Works\nthe conduct of works at which animal, fish or grease trap wastes or other matter is processed or is capable of being processed by rendering or extraction or by some other means to produce tallow or fat or their derivatives or proteinaceous matter, being works with a total processing capacity exceeding 250 kilograms per hour.\n\t(8)\tCuring or Drying Works\nthe conduct of works at which meat, fish or other edible products are smoked, dried or cured by the application of heat or smoke with a total processing capacity exceeding 250 kilograms per hour.\n\t(9)\tTanneries or Fellmongeries\nthe conduct of works for the commercial preservation or treatment of animal skins or hides being works processing more than 5 tonnes of skins or hides per year, but excluding—\n\t(a)\tthe processing of skins or hides by primary producers in the course of primary production activities outside township areas; or\n\t(b)\tthe processing of skins or hides in the course of taxidermy.\n\t(10)\tWoolscouring or Wool Carbonising Works\nthe conduct of works for the commercial cleaning or carbonising of wool, but excluding cleaning or carbonising of wool in the course of handicraft activities where the wool is further processed for sale by retail.\n\t(11)\tWineries or Distilleries\nthe conduct of works for the processing of grapes or other produce to make wine or spirits, but excluding—\n\t(a)\tworks that are outside the Mount Lofty Ranges Water Protection Area (as declared under Part 8 of this Act) at which 500 tonnes or less of grapes or other produce are processed per year; or\n\t(b)\tworks that are inside the Mount Lofty Ranges Water Protection Area (as declared under Part 8 of this Act) at which 50 tonnes or less of grapes or other produce are processed per year; or\n\t(c)\tworks for bottling only.\n7—Materials Handling and Transportation\n\t(1)\tBulk Shipping Facilities\nthe conduct of facilities for bulk handling of agricultural crop products, rock, ores, minerals, petroleum products or chemicals to or from any wharf or wharf side facility (including sea-port grain terminals), being facilities handling or capable of handling these materials into or from vessels at a rate exceeding 100 tonnes per day.\n\t(2)\tRailway Operations\nthe conduct of any of the following activities associated with a railway:\n\t(a)\tthe construction or operation of rail infrastructure; and\n\t(b)\tthe operation of rolling stock on a railway; and\n\t(c)\tother activities conducted on railway land,\nbut excluding—\n\t(d)\tany activities associated with—\n\t(i)\ta railway with a track gauge that is less than 600mm; or\n\t(ii)\ta railway in a mine which is underground or predominantly underground and used in connection with the performance of mining operations; or\n\t(iii)\ta slipway; or\n\t(iv)\ta crane-type runway; or\n\t(v)\ta railway used solely for the purposes of horse-drawn trams; or\n\t(vi)\ta railway used solely for the purposes of static displays; or\n\t(vii)\ta railway used as an amusement device under the Work Health and Safety Act 2012; or\n\t(e)\tany activity associated with a railway that is excluded from the ambit of the definition of development (within the meaning of the Planning, Development and Infrastructure Act 2016) under regulations made under that Act; or\n\t(f)\tan activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.\nrail infrastructure means infrastructure associated with the operation of a railway and includes (but is not limited to) railway track, associated track structures, over or under track structures, supports, tunnels, bridges, stations, platforms, train control systems, signalling systems, communication systems, electric traction infrastructure and buildings, but does not include any workshop or repair facility;\nrailway means a guided system designed for the movement of rolling stock which has the capability of transporting passengers, freight or both on a railway track, together with its infrastructure and associated sidings or crossing, or passing loops, and includes a railway in a marshalling yard or a passenger or freight terminal;\nrailway land means—\n\t(a)\tland within a rail corridor or rail reserve, including any associated sidings; and\n\t(b)\trailway yards; and\n\t(c)\tother land over which a railway track passes;\nrolling stock means a vehicle (whether or not self-propelled) that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track when the vehicle is not operating on a railway track.\nExamples—\nA locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley, wagon.\n\t(3)\tCrushing, Grinding or Milling\nprocessing (by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner) of—\n\t(a)\tchemicals or rubber at a rate in excess of 100 tonnes per year; or\n\t(b)\tagricultural crop products at a rate in excess of 500 tonnes per year, but excluding non-commercial processing for on farm use; or\n\t(c)\trock, ores or minerals at a rate in excess of 1 000 tonnes per year, but excluding—\n\t(i)\tprocessing on a mining lease area, or processing of material from a mining lease area on adjacent land subject to a miscellaneous purposes licence, under the Mining Act 1971; and\n\t(ia)\tprocessing on the area of a private mine (within the meaning of section 19 of the Mining Act 1971), or processing of material from a private mine on adjacent land subject to a miscellaneous purposes licence under the Mining Act 1971; and\n\t(ib)\tprocessing of sand, gravel, stone, shell, shale, clay or soil as authorised under any statute other than this Act or the Mining Act 1971; and\n\t(ii)\tprocessing of wet sand.\n\t(4)\tDredging\nremoving solid matter from the bed of any marine waters or inland waters by any digging or suction apparatus, but excluding works carried out for the establishment of a visual aid to navigation and any lawful fishing or recreational activity.\n\t(5)\tCoal Handling and Storage\nthe handling of coal or carbonaceous material by any means or the storage of coal, coke or carbonaceous reject material at facilities with a total handling capacity exceeding 100 tonnes per day or a storage capacity exceeding 5 000 tonnes.\n\t(6)\tEarthworks Drainage\nthe conduct of earthworks operations in the course of which more than 100 kilolitres of wastewater containing suspended solids in a concentration exceeding 25 milligrams per litre is discharged directly or indirectly to marine waters or inland waters.\n\t(7)\tExtractive Industries\nthe conduct of operations involving extraction, or extraction and processing (by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner), of sand, gravel, stone, shell, shale, clay or soil, being operations with an extraction production rate exceeding 100 000 tonnes per year.\n8—Other\n\t(1)\tAerodromes\nthe conduct of facilities for commercial or charter aircraft take-off and landing, being facilities used for more than 20 000 flight movements per year.\n\t(2)\tFuel Burning\nthe conduct of works or facilities involving the use of fuel burning equipment, including flaring (other than flaring at petroleum production, storage or processing works or facilities that do not have a total storage capacity or total production rate exceeding the levels respectively specified in clause 1(5)) or incineration, where the equipment alone or in aggregate is capable of burning combustible matter—\n\t(a)\tat a rate of heat release exceeding 5 megawatts; or\n\t(b)\tat a rate of heat release exceeding 500 kilowatts and the products of combustion are used—\n\t(i)\tto stove enamel; or\n\t(ii)\tto bake or dry any substance that on heating releases dust or air impurities.\n\t(3)\tHelicopter Landing Facilities\nthe conduct of facilities designed for the arrival and departure of helicopters, but excluding—\n\t(a)\tfacilities at an aerodrome licensed under Part 6; or\n\t(b)\tfacilities at which helicopter arrivals or departures take place on not more than 10 days per year; or\n\t(c)\tfacilities that are situated more than 1 kilometre from residential premises not associated with the facilities; or\n\t(d)\tfacilities at the site of an activity authorised under the Mining Act 1971, the Petroleum Act 2000, the Petroleum (Submerged Lands) Act 1982 or the Roxby Downs (Indenture Ratification) Act 1982.\n\t(4)\tMarinas and Boating Facilities\n\t(a)\tfacilities comprising pontoons, jetties, piers or other structures (whether on water or land) designed or used to provide moorings or dry storage for 50 or more powered vessels at any one time; or\n\t(b)\tworks for the repair or maintenance of vessels with the capacity to handle 5 or more vessels at any one time or vessels 12 metres or more in length.\n\t(5)\tMotor Racing or Testing Venues\nthe conduct of facilities designed and used for motor vehicle competitions or motor vehicle speed or performance trials, but excluding facilities that are situated more than 200 metres from residential premises not associated with the facilities.\n\t(6)\tShooting Ranges\nthe conduct of facilities for shooting competitions, practice or instruction (being shooting involving the propulsion of projectiles by means of explosion), but excluding indoor facilities or facilities that are situated more than 200 metres from residential premises not associated with the facilities.\n\t(6a)\tDesalination Plants\nthe conduct of a desalination plant.\ndesalination plant means a plant for the production of desalinated water that has a production capacity exceeding 200 kilolitres of desalinated water per day, and includes—\n\t(a)\tan underground desalination plant; and\n\t(b)\ta number of underground desalination plants within any 1 square kilometre area that, in aggregate, have a production capacity exceeding 200 kilolitres of desalinated water per day,\n\t(c)\ta plant that disposes of all of its wastewater to a wastewater management system that is the subject of a licence; or\n\t(d)\ta plant that produces 2 megalitres or less of wastewater per year;\nunderground desalination plant means a plant having a system comprised of a borehole, submersible pump and associated equipment for the desalination below the ground of underground water;\nunderground water means water occurring naturally under the ground or introduced to an aquifer or other area under the ground.\n\t(7)\tDischarges to Marine or Inland Waters\nthe conduct of operations, other than a desalination plant referred to in subclause (6a), involving discharges into marine waters or inland waters where—\n\t(a)\tthe discharges—\n\t(i)\traise the temperature of the receiving waters by more than 2 degrees Celsius at any time at a distance of 10 metres or more from the point of discharge; or\n\t(ii)\tcontain antibiotic or chemical water treatments; and\n\t(b)\tthe total volume of the discharges exceeds 50 kilolitres per day.\n\t(8)\tCremation or incineration of human or animal remains\nthe conduct of a facility for the cremation or incineration of human or animal remains by means of thermal oxidation using fuel burning equipment.\nhuman or animal remains does not include—\n\t(a)\tmedical waste; or\n\t(b)\tcytotoxic wastes; or\n\t(c)\tquarantine waste.\n\t(9)\tPumped hydroelectricity production works\nthe conduct of works or a facility for the generation of electricity by means of passing water through a turbine with a total full‑load sustained output capacity of 30 megawatts or more.\nPart B—Listed wastes\nAcids and acidic solutions\nAdhesives (excluding solid inert polymeric materials)\nAlkali metals and alkaline earth metals\nAlkalis and alkaline solutions\nAntimony and antimony compounds and solutions\nArsenic and arsenic compounds and solutions\nAsbestos\nBarium compounds and solutions\nBeryllium and beryllium compounds\nBoron and boron compounds\nCadmium and cadmium compounds and solutions\nCalcium carbide\nCarbon disulphide\nCarcinogens teratogens and mutagens\nChlorates\nChromium compounds and solutions\nCopper compounds and solutions\nCyanides or cyanide solutions and cyanide complexes\nCytotoxic wastes\nDangerous substances within the meaning of the Dangerous Substances Act 1979\nDistillation residues\nFluoride compounds\nHalogens\nHeterocyclic organic compounds containing oxygen, nitrogen or sulphur\nHydrocarbons and their oxygen, nitrogen and sulphur compounds (including oils)\nIsocyanate compounds (excluding solid inert polymeric materials)\nLaboratory chemicals\nLead compounds and solutions\nLime sludges or slurries\nManganese compounds\nMedical waste\nMercaptans\nMercury compounds and equipment containing mercury\nNickel compounds and solutions\nNitrates\nOrganic halogen compounds (excluding solid inert polymeric materials)\nOrganic phosphates\nOrganic solvents\nOrganometallic residues\nOxidising agents\nPaint sludges and residues\nPerchlorates\nPeroxides\nPesticides (including herbicides and fungicides)\nPharmaceutical wastes and residues\nPhenolic compounds (excluding solid inert polymeric materials)\nPhosphorus and its compounds\nPolychlorinated biphenyls\nPoisons within the meaning of the Controlled Substances Act 1984\nReactive chemicals\nReducing agents\nSelenium and selenium compounds and solutions\nSilver compounds and solutions\nSolvent recovery residues\nSulphides and sulphide solutions\nSurfactants\nThallium and thallium compounds and solutions\nVanadium compounds\nZinc compounds and solutions\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedule 1\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Environment Protection Act 1993 repealed the following:\nBeverage Container Act 1975\nClean Air Act 1984\nEnvironmental Protection Council Act 1972\nMarine Environment Protection Act 1990\nNoise Control Act 1977\nWaste Management Act 1987\nLegislation amended by principal Act\nThe Environment Protection Act 1993 amended the following:\nDevelopment Act 1993\nEnvironment, Resources and Development Court Act 1993\nWater Resources Act 1990\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Environment Protection Act 1993\n27.10.1993\n1.5.1995 (Gazette 27.4.1995 p1563) except Sch 2 (cl 4(c))—27.10.1995 (s 7(5) Acts Interpretation Act 1915)\n Parliamentary Committees (Miscellaneous) Amendment Act 1994\n12.5.1994\nSch (cl 2)—1.5.1995 (Gazette 12.5.1994 p1188)\n(181)\n Environment Protection (Variation of Act, Schedule 1) Regulations 1994 (Gazette 27.10.1994 p1329)\n—\n1.5.1995: r 2\n National Environment Protection Council (South Australia) Act 1995\n2.3.1995\nSch 2—2.3.1997 (s 7(5) Acts Interpretation Act 1915)\n(33)\n Environment Protection (Variation of Act, Schedule 1) Regulations 1995 (Gazette 13.4.1995 p1441)\n—\n1.5.1995: r 2\n Petroleum Products Regulation Act 1995\n27.4.1995\n1.7.1995 (Gazette 1.6.1995 p2529)\n Environment Protection (Forum Replacement) Amendment Act 1995\n14.12.1995\n4.4.1996 (Gazette 4.4.1996 p1886)\n Development (Major Development Assessment) Amendment Act 1996\n15.8.1996\n2.1.1997 (Gazette 2.1.1997 p4)\n Environment Protection (Miscellaneous) Amendment Act 1997\n27.3.1997\n1.5.1997 (Gazette 1.5.1997 p1666) except s 5—1.5.1995: s 2\n Statutes Amendment (Water Resources) Act 1997\n19.6.1997\nPt 3 (ss 5—20)—2.7.1997 (Gazette 26.6.1997 p3052)\n Electricity Corporations (Restructuring and Disposal) Act 1999\n1.7.1999\nSch 4 (cll 18 & 19)—29.7.1999 (Gazette 29.7.1999 p528)\n Development (System Improvement Program) Amendment Act 2000\n21.12.2000\nSch 1 (cl 1)—2.4.2001 (Gazette 29.3.2001 p1436)\n Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001\n17.5.2001\nPt 3 (s 5)—14.6.2001 (Gazette 14.6.2001 p2221)\n(161)\n Environment Protection (Variation of Act, Schedule 1) Regulations 2001 (Gazette 28.6.2001 p2498)\n—\n28.6.2001: r 2\n(229)\n Environment Protection (Variation of Act, Schedule 1—Railways) Regulations 2001 (Gazette 11.10.2001 p4470)\n—\n11.10.2001: r 2\n Aquaculture Act 2001\n6.12.2001\nSch (cl 1)—1.7.2002 (Gazette 27.6.2002 p2681)\n Statutes Amendment (Environment Protection) Act 2002\n5.12.2002\nPt 2 (ss 4—22)—10.4.2003 (Gazette 10.4.2003 p1670)\n River Murray Act 2003\n31.7.2003\nSch (cl 6)—24.11.2003 (Gazette 20.11.2003 p4203)\n Zero Waste SA Act 2004\n4.3.2004\nSch 1 (Pt 2)—7.5.2004 (Gazette 6.5.2004 p1225)\n Statutes Amendment (Courts) Act 2004\n8.7.2004\nSch 1—1.9.2004 (Gazette 26.8.2004 p3402)\n Natural Resources Management Act 2004\n5.8.2004\nSch 4 (cll 5—12)—1.7.2005 (Gazette 30.6.2005 p2093)\n Adelaide Dolphin Sanctuary Act 2005\n14.4.2005\nSch 2 (cl 17)—1.7.2005 (Gazette 2.6.2005 p1684)\n Environment Protection (Miscellaneous) Amendment Act 2005\n9.6.2005\n1.7.2005 except ss 5(9), 9, 18, 27, 30, 39, 56, 58, 62(4), 70, 72, 73, 74 & 76—1.7.2006 (Gazette 16.6.2005 p1829)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 29 (s 110)—4.9.2006 (Gazette 17.8.2006 p2831)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 31 (s 94)—1.6.2007 (Gazette 26.4.2007 p1352)\n Environment Protection (Site Contamination) Amendment Act 2007\n1.11.2007\n10.12.2007 (Gazette 6.12.2007 p4735) except s 4(6), (7), definitions of site contamination audit, site contamination audit report and site contamination audit statement (as inserted by s 4(8)), ss 103T, 103V, 103X, 103Y, 103Z (as inserted by s 11), 109(3)(ie) & (if) (as inserted by s 14)—20.11.2008 (Gazette 20.11.2008 p5172) and except ss 4(1), definition of cause (as inserted by s 4(3)), 4(4), (5), definitions of site contamination assessment order, site remediation order (as inserted by s 4(8)), 6—10, new Pt 10A Divs 1—3 (as inserted by s 11), new ss 103U, 103W (as inserted by s 11), 12, 13 and s 109(3)(i)—(id) (as inserted by s 14)—1.7.2009 (Gazette 21.5.2009 p1775)\n(252)\n Environment Protection (Variation of Act, Schedule 1) Regulations 2007 (Gazette 1.11.2007 p4148)\n—\n29.11.2007: r 2\n Marine Parks Act 2007\nSch 1 (cl 17)—6.11.2008 (Gazette 6.11.2008 p5055)\n Environment Protection (Board of Authority) Amendment Act 2008\n12.6.2008\n7.8.2008 (Gazette 7.8.2008 p3568)\n Environment Protection (Miscellaneous) Amendment Act 2008\n31.7.2008\n1.9.2008 (Gazette 28.8.2008 p3893)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 56 (ss 115—117)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Budget 2010) Act 2010\n18.11.2010\nPt 3 (ss 6—10)—18.11.2012 (s 7(5) Acts Interpretation Act 1915)\n Work Health and Safety Act 2012\n15.11.2012\nSch 6 (cl 5)—1.1.2013: s 2\n(227)\n Environment Protection (Variation of Act, Schedule 1) Regulations 2013 (Gazette 5.9.2013 p3776)\n—\n30.11.2013: r 2\n Statutes Amendment (Budget 2016) Act 2016\n8.12.2016\nPt 5 (ss 62—64)—1.2.2017 (Gazette 27.1.2017 p201)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 10 (ss 30 to 39 & 40(2) & (3))—19.3.2021 (Gazette 4.3.2021 p823); s 40(1)—uncommenced\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 9 (ss 49—52)—22.6.2017 (Gazette 22.6.2017 p2224)\n Environment Protection (Waste Reform) Amendment Act 2017\n14.11.2017\nPt 2 (ss 4—32)—28.11.2017 (Gazette 28.11.2017 p4752) except Sch 2—14.11.2019 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (SACAT No 2) Act 2017\nPt 14 (s 77)—22.2.2018 (Gazette 30.1.2018 p524)\n Statutes Amendment and Repeal (Budget Measures) Act 2018\n22.11.2018\nPt 4 (s 63)—1.7.2019; ss 64 & 65—1.1.2020 (Gazette 6.6.2019 p1755)\n(1)\n Environment Protection (Variation of Act, Schedule 1) (Waste Reform) Regulations 2019 (Gazette 17.1.2019 p96)\n—\n1.6.2019: r 2\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 15 (ss 26 to 28)—3.10.2019: s 2(1); s 29—18.6.2020 (Gazette 18.6.2020 p3391)\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cll 8 to 17)—1.7.2020 (Gazette 25.6.2020 p3502)\n(311)\n Environment Protection (Variation of Act, Schedule 1) Regulations 2020 (Gazette 17.12.2020 p5747)\n—\n1.4.2021: r 2\n Radiation Protection and Control Act 2021\n11.2.2021\nSch 2 (cl 2)—11.2.2023 (s 27(6) Legislation Interpretation Act 2021)\n Statutes Amendment (COVID-19 Permanent Measures) Act 2021\n17.6.2021\nPt 6 (ss 11 & 12)—9.9.2021 (Gazette 18.8.2021 p3099)\n Environment Protection (Objects of Act and Board Attributes) Amendment Act 2023\n5.10.2023\n1.3.2024 (Gazette 7.12.2023 p4052)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 20)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 21/2005 s 4\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nadministering agency\ninserted by 21/2005 s 5(1)\nappointed member\namended by 100/1995 s 3(a)\n\namended by 43/2002 s 4(a)\nappropriate person\ninserted by 44/2007 s 4(1)\napproved recovered resource\ninserted by 45/2017 s 4(1)\nbackground concentrations\ninserted by 44/2007 s 4(2)\nBoard\ninserted by 43/2002 s 4(b)\ncause\ninserted by 44/2007 s 4(3)\nchemical substance\ninserted by 44/2007 s 4(3)\nChief Executive\ninserted by 43/2002 s 4(c)\n\nsubstituted by 14/2008 s 4\nclimate change adaptation\ninserted by 28/2023 s 3(1)\nclimate change mitigation\ninserted by 28/2023 s 3(1)\ncouncil\nsubstituted by 21/2005 s 5(2)\ndisposal\ninserted by 45/2017 s 4(2)\ndomestic partner\ninserted by 43/2006 s 94(1)\nenvironmental nuisance\namended by 21/2005 s 5(3), (4)\nthe Forum\ndeleted by 100/1995 s 3(b)\ngreenhouse gas emissions\ninserted by 28/2023 s 3(2)\nholding company\ninserted by 44/2007 s 4(4)\nliability\ninserted by 44/2007 s 4(5)\noccupier\nsubstituted by 21/2005 s 5(5)\npollutant\namended by 21/2005 s 5(6)\n\namended by 45/2017 s 4(3), (4)\npollute\namended by 45/2017 s 4(5), (6)\npre-school\ninserted by 5/2017 s 30(1)\nprescribed person\ninserted by 21/2005 s 5(7)\nrelated body corporate\namended by 21/2005 s 5(8)\nremediate\ninserted by 44/2007 s 4(6)\nresource recovery\ninserted by 45/2017 s 4(7)\nsensitive use\ninserted by 44/2007 s 4(7)\n\namended by 5/2017 s 30(2)\nsite\nsite contamination\nsite contamination assessment order\nsite contamination audit\nsite contamination auditor\nsite contamination audit report\nsite contamination audit statement\nsite contamination consultant\nsite remediation order\nspouse\nsubstituted by 43/2006 s 94(2)\ntreatment\ninserted by 45/2017 s 4(8)\nunauthorised stockpiling\ninserted by 45/2017 s 4(8)\nundertake\ninserted by 21/2005 s 5(9)\nvehicle\nsubstituted by 45/2017 s 4(9)\nvessel\ninserted by 45/2017 s 4(9)\nwaste\nsubstituted by 21/2005 s 5(10)\n\nsubstituted by 45/2017 s 4(10)\nwaste management hierarchy\ninserted by 45/2017 s 4(10)\nwaste transport business\ninserted by 7/2017 s 49\nwaste transport business\ninserted by 45/2017 s 4(10)—omitted under Legislation Revision and Publication Act 2002\nwater\nsubstituted by 44/2007 s 4(9)\nwater protection area\ninserted by 45/2017 s 4(11)\ns 3(2)\namended by 43/2006 s 94(3)\ns 3(4) and (5)\ninserted by 45/2017 s 4(12)\ns 4—see s 5C\n\nss 4—4B\ninserted by 45/2017 s 5\ns 5\n\ns 5(1)\nsubstituted by 21/2005 s 6\n\namended by 45/2017 s 7\ns 5A\ninserted by 21/2005 s 7\n\ndeleted by 45/2017 s 9\ns 5B\ninserted by 44/2007 s 5\ns 5C\ns 4 amended and redesignated as s 5C by 45/2017 s 6(1)—(3)\ns 5D\ninserted by 45/2017 s 8\ns 7\n\ns 7(2)\n(b) and (c) deleted by 43/2002 s 5\ns 7(3)\namended by 36/1999 Sch 4 cl 19\n29.7.1999\ns 7(4)\namended by 21/2005 s 8\ns 9\n\ns 9(2)\nsubstituted by 21/2005 s 9\nPt 2\n\ns 10\n\ns 10(1)\namended by 44/2007 s 6\n\namended by 45/2017 s 10(1)—(6)\n\namended by 28/2023 s 4(1)—(5)\ns 10(2)\namended by 100/1995 s 4\n\namended by 21/2005 s 10\ns 10A\ninserted by 35/2003 Sch cl 6(a)\n\nsubstituted by 60/2007 Sch 1 cl 17\ns 10B\ninserted by 5/2005 Sch 2 cl 17\n\ndeleted by 60/2007 Sch 1 cl 17\nPt 3\nheading substituted by 100/1995 s 5\n\nheading substituted by 21/2005 s 11\nPt 3 Div 1\n\ns 11\n\ns 11(4)\namended by 22/2010 s 6\ns 12\namended by 11/1997 s 3\n1.5.1997\n\ndeleted by 43/2002 s 6\ns 13\n\ns 13(1)\nsubstituted by 43/2002 s 7\n\namended by 45/2017 s 11\ns 14\namended by 43/2002 s 8\n\namended by 14/2008 s 5\ns 14A before substitution by 14/2008\ninserted by 43/2002 s 9\ns 14A(5)\namended by 21/2005 s 12\ns 14A\nsubstituted by 14/2008 s 6\ns 14B\ninserted by 43/2002 s 9\ns 14B(2)\namended by 14/2008 s 7(1)\ns 14B(3)\namended by 14/2008 s 7(2)\ns 14B(3a) and (3b)\ninserted by 14/2008 s 7(3)\ns 14B(5)\namended by 28/2023 s 5\ns 14B(7)\ndeleted by 21/2005 s 13\ns 14B(8)\namended by 14/2008 s 7(4)\ns 15\n\ns 15(1)\ndeleted by 43/2002 s 10(a)\ns 15(2)\namended by 43/2002 s 10(b)\n\namended by 21/2005 s 14\ns 15(3)—(7)\namended by 43/2002 s 10(c)\ns 16\n\ns 16(1)\nsubstituted by 43/2002 s 11(a)\n\namended by 35/2008 s 4\ns 16(2)\nsubstituted by 43/2002 s 11(b)\n\namended by 21/2005 s 15(1)\n\nsubstituted by 14/2008 s 8(1)\ns 16(2a)\ninserted by 21/2005 s 15(2)\n\nsubstituted by 14/2008 s 8(1)\ns 16(3)\nsubstituted by 43/2002 s 11(b)\ns 16(4) and (5)\ns 16(6)\n\namended by 14/2008 s 8(2)\ns 16(6a)\ninserted by 14/2008 s 8(3)\ns 16(7)—(11)\ns 17\n\ns 17(1)\nsubstituted by 43/2002 s 12(a)\ns 17(2)\namended by 43/2002 s 12(b)\n\namended by 21/2005 s 16\ns 17(3)\namended by 43/2002 s 12(b)\ns 17(4)\ninserted by 84/2009 s 115\ns 18 before deletion by 84/2009\n\ns 18(1) and (3)\namended by 43/2002 s 13\ns 18\ndeleted by 84/2009 s 116\nPt 3 Div 1A\ninserted by 21/2005 s 17\nPt 3 Div 2\nsubstituted by 100/1995 s 6\ns 19\n\ns 19(1)\namended by 25/2021 s 11(1)\ns 19(1a)\ninserted by 25/2021 s 11(2)\ns 19(4)\nsubstituted by 43/2002 s 14\ns 19(5)\nsubstituted by 43/2002 s 14\n\ndeleted by 14/2008 s 9\nPt 3 Div 3\n\ns 24\n\ns 24(3)\namended by 30/1995 Sch 4 cl (a)\n1.7.1995\n\namended by 43/2002 s 15\n\namended by 21/2005 s 18\ns 24(4)\namended by 30/1995 Sch 4 cl (b)\n1.7.1995\ns 24(5)\ndeleted by 100/1995 s 7\nPt 4\n\ns 25\n\ns 25(4)\namended by 21/2005 s 19(1), (2)\nPt 5\n\ns 27\n\ns 27(1)\namended by 45/2017 s 12(1)\ns 27(2)\n(iii) deleted by 21/2005 s 20(1)\n\namended by 21/2005 s 20(2)\n\namended by 5/2017 s 31\ns 27(3)\namended by 21/2005 s 20(3)\ns 27(4)\namended by 21/2005 s 20(4)\n\namended by 45/2017 s 12(2), (3)\ns 27(5)—(7)\ninserted by 45/2017 s 12(4)\ns 28\n\ns 28(3)\nsubstituted by 21/2005 s 21(1)\n\namended by 25/2019 s 26\ns 28(3a)\ninserted by 100/1995 s 8(a)\n\nsubstituted by 43/2002 s 16\ns 28(5)\nsubstituted by 100/1995 s 8(b)\ns 28(6)\namended by 100/1995 s 8(c)\n\namended by 21/2005 s 21(2)\ns 28(7)\ndeleted by 21/2005 s 21(3)\ns 28(8)\namended by 21/2005 s 21(4)\n\namended by 45/2017 s 13\ns 28(9)\nsubstituted by 21/2005 s 21(5)\ns 28(10)\namended by 100/1995 s 8(d)\n\ndeleted by 21/2005 s 21(5)\ns 28A\ninserted by 1/1995 Sch 2 cl 1(a)\n\ndeleted by 21/2005 s 22\ns 29\n\ns 29(1a) and (1b)\ninserted by 1/1995 Sch 2 cl 1(b)\n\nsubstituted by 21/2005 s 23\ns 29(2)\namended by 1/1995 Sch 2 cl 1(c)\ns 31\n\ns 31(1)\nsubstituted by 100/1995 s 9\ns 32\n\ns 32(1)\namended by 45/2017 s 14\ns 33\ndeleted by 45/2017 s 15\ns 34\n\ns 34(1)\namended by 21/2005 s 24(1)\n\ns 34(2)\namended by 21/2005 s 24(2)\n\ns 34(3)\namended by 21/2005 s 24(3)\nPt 6\n\ns 35\n\ns 35(1)\ns 35(2)\namended by 5/2017 s 32\ns 36\n\ns 36(1)\ns 36 redesignated as s 36(1) by 21/2005 s 25\n\ns 36(2)—(4)\ninserted by 21/2005 s 25\ns 37\namended by 21/2005 s 26\ns 39\n\ns 39(1)\nsubstituted by 21/2005 s 27(1)\n\namended by 25/2019 s 27(1)\ns 39(1aa)\ninserted by 25/2019 s 27(2)\ns 39(1a)\ninserted by 35/1997 s 5\n\namended by 34/2004 Sch 4 cl 5\n\namended by 33/2019 Sch 5 cl 8\ns 39(1b)\ninserted by 35/1997 s 5\n\namended by 5/2017 s 33\ns 39(3)\namended by 21/2005 s 27(2), (3)\n\n(a) deleted by 7/2017 s 50(1)\n\namended by 7/2017 s 50(2)\ns 39(4)—(7)\ninserted by 21/2005 s 27(4)\ns 42\n\ns 42(1)\ns 42 redesignated as s 42(1) by 63/1996 s 12(a)\ns 42(2)\ninserted by 63/1996 s 12(a)\n\namended by 5/2017 s 34\ns 42(3)\ninserted by 45/2017 s 16\ns 43\n\ns 43(4a)\ninserted by 21/2005 s 28(1)\ns 43(5)\namended by 21/2005 s 28(2)\ns 43(6)\nsubstituted by 21/2005 s 28(3)\ns 45\n\ns 45(3)\namended by 1/1995 Sch 2 cl 1(d)\n\namended by 21/2005 s 29\n\namended by 45/2017 s 17(1)\ns 45(5)\namended by 45/2017 s 17(2)\ns 45(6)—(9)\ninserted by 45/2017 s 17(3)\ns 46\n\ns 46(1)\namended by 21/2005 s 30(1)\n\namended by 25/2019 s 28\ns 46(1a)\ninserted by 35/1997 s 6(a)\n\namended by 34/2004 Sch 4 cl 6\n\namended by 33/2019 Sch 5 cl 9\ns 46(4)\namended by 35/1997 s 6(b)\ns 46(4a)\ninserted by 21/2005 s 30(2)\ns 46(5)\n(a) deleted by 7/2017 s 51\ns 46(5a)\ninserted by 21/2005 s 30(3)\ns 46(7) and (8)\ninserted by 21/2005 s 30(4)\ns 47\n\ns 47(1)\namended by 63/1996 s 12(b)\n\namended by 35/1997 s 7\n\namended by 1/2004 Sch 1 cl 2\n\namended by 34/2004 Sch 4 cl 7\n\namended by 21/2005 s 31\n\namended by 57/2016 s 62\n\namended by 33/2019 Sch 5 cl 10\n\namended by 5/2017 s 35(1), (2)\ns 47(2)\namended by 45/2017 s 18(1)\n\namended by 5/2017 s 35(3)\ns 47(2a)\ninserted by 63/1996 s 12(c)\n\namended by 5/2017 s 35(4)\ns 47(2b)\ninserted by 45/2017 s 18(2)\ns 48\n\ns 48(2a)\ninserted by 21/2005 s 32\ns 50A\ninserted by 16/2001 s 5\n14.6.2001\ns 50B\ninserted by 35/2008 s 5\ns 51 before substitution by 45/2017\n\ns 51(1)\namended by 21/2005 s 33(1)\ns 51(2)\namended by 21/2005 s 33(2)\ns 51\nsubstituted by 45/2017 s 19\ns 52\n\ns 52(1)\namended by 21/2005 s 34\ns 52A\ninserted by 21/2005 s 35\ns 52A(2)\nsubstituted by 45/2017 s 20(1)\ns 52A(4)\namended by 45/2017 s 20(2)\ns 53\namended by 21/2005 s 36\ns 54\n\ns 54(1)\namended by 21/2005 s 37(1), (2)\nss 54A and 54B\ninserted by 21/2005 s 38\ns 54C\ninserted by 35/2008 s 6\ns 57\namended by 1/2004 Sch 1 cl 3\n\namended by 57/2016 s 63\n\n(a) deleted by 7/2017 s 52(1)\n\namended by 7/2017 s 52(2)\n\namended by 5/2017 s 36\nPt 6A\ninserted by 22/2010 s 7\ns 57A\nPt 7\n\ns 58\n\ns 58(5)\ns 60\n\ns 60(4)\nPt 8\n\nPt 8 Div 1\n\ns 61\nsubstituted by 35/1997 s 8\ns 61(1)\n\nWater Resources Minister\namended by 34/2004 Sch 4 cl 8\n\namended by 33/2019 Sch 5 cl 11\ns 61A\ninserted by 35/1997 s 9\ns 62\nsubstituted by 35/1997 s 10\ns 62(1)\namended by 34/2004 Sch 4 cl 9\n\namended by 33/2019 Sch 5 cl 12\ns 64\n\ns 64(1)\namended by 35/1997 s 11(a), (b)\ns 64(1a)\ninserted by 35/1997 s 11(c)\n\namended by 34/2004 Sch 4 cl 10(1), (2)\n\namended by 33/2019 Sch 5 cl 13(1), (2)\ns 64(1b)\ninserted by 35/1997 s 11(c)\n\namended by 5/2017 s 37\ns 64(9)\ninserted by 35/1997 s 11(d)\n\namended by 34/2004 Sch 4 cl 10(3)\n\namended by 33/2019 Sch 5 cl 13(3)\nss 64A—64D\ninserted by 35/1997 s 12\nPt 8 Div 2\n\ns 64E\ninserted by 35/2008 s 7\ns 65\n\napproved collection depot\napproved refund marking\nbeverage\ncategory A container\ncategory B container\ncollection area\ndeleted by 35/2008 s 8(1)\ncollection depot\ncontainer\ncorresponding law\nFood Standards Code\nrefund marking\ndeleted by 35/2008 s 8(2)\nspirit-based beverage\ndeleted by 35/2008 s 8(3)\nspirituous liquor\n\nspiritous liquor amended to read spirituous liquor by 45/2017 s 21\nsuper collector\nwaste management arrangement\nwine\nwine-based beverage\ndeleted by 35/2008 s 8(3)\ns 66\namended by 35/2008 s 9\n\namended by 45/2017 s 22\ns 68\nsubstituted by 35/2008 s 10\ns 69\nsubstituted by 35/2008 s 10\ns 69(1)\ns 69A\ns 69B\ns 69B(1) and (2)\ns 69B(3)\n\namended by 25/2019 s 29\n18.6.2020\ns 69C\ns 69C(1)\ns 69C(3) and (4)\ns 69D\n\ns 70\n\ns 70(1)\namended by 35/2008 s 11(1), (2)\n\ns 70(2)\nsubstituted by 35/2008 s 11(3)\ns 71\nsubstituted by 35/2008 s 12\ns 71(1)\ns 71A\ninserted by 35/2008 s 12\n\namended by 25/2021 s 12\ns 72\n\ns 72(2)\namended by 45/2017 s 23\ns 72(3)\namended by 35/2008 s 13(1)\n\ns 72(4)\namended by 35/2008 s 13(2)\n\nPt 8 Div 3\ndeleted by 35/2008 s 14\nPt 9\n\ns 79\n\ns 79(1)\namended by 43/2002 s 17(a), (b)\n\ns 79(2)\namended by 43/2002 s 17(c)\n\ns 80\n\ns 80(1)\namended by 43/2002 s 18(a), (b)\n\ns 80(2)\namended by 43/2002 s 18(c)\n\ns 82\n\ns 82(1)\ns 82 amended and redesignated as s 82(1) by 21/2005 s 39(1), (2)\n\ns 82(2)\ninserted by 21/2005 s 39(2)\n\ns 83\n\ns 83(1)\namended by 43/2002 s 19\n\namended by 21/2005 s 40(1), (2)\n\ns 83(2)\namended by 21/2005 s 40(3), (4)\ns 83A\ninserted by 44/2007 s 7\ns 83A(2)\ns 84\n\ns 84(1a)\ninserted by 35/1997 s 13\n\nsubstituted by 44/2007 s 8\nPt 10\n\ns 85\n\ns 85(1)\namended by 21/2005 s 41(1)\ns 85(3)\namended by 21/2005 s 41(2)\ns 85A\ninserted by 45/2017 s 24\ns 86\n\ns 86(1)\namended by 21/2005 s 42\ns 87\n\ns 87(1)\namended by 21/2005 s 43(1)—(4)\ns 87(2)\namended by 44/2007 s 9\n\namended by 45/2017 s 25(1)\ns 87(3)\namended by 21/2005 s 43(5)\ns 87(8) and (9)\ninserted by 21/2005 s 43(6)\ns 87(10)\ninserted by 45/2017 s 25(2)\ns 88\n\ns 88(1)\namended by 44/2007 s 10\n\namended by 45/2017 s 26(1)\ns 88(5)—(7)\namended by 45/2017 s 26(1)\ns 88(9)\ninserted by 45/2017 s 26(2)\ns 88A\ninserted by 45/2017 s 27\ns 89\n\ns 89(2)\ns 90\n\ns 90(1)\namended by 21/2005 s 44(1), (2)\n\ns 90(2)\namended by 21/2005 s 44(3)\n\ns 91\n\ns 91(2)\namended by 21/2005 s 45\ns 91\nsubstituted by 4/2021 Sch 2 cl 2\ns 92\ns 93\n\ns 93(1)\namended by 21/2005 s 46(1)\ns 93(2)\namended by 21/2005 s 46(2)—(4)\ns 93(2aa)\ninserted by 21/2005 s 46(5)\ns 93(2a)\ninserted by 35/1997 s 14\n\namended by 34/2004 Sch 4 cl 11(1), (2)\n\namended by 21/2005 s 46(6)\n\namended by 33/2019 Sch 5 cl 14(1), (2)\ns 93(2b)\ninserted by 35/1997 s 14\ns 93(5)\namended by 21/2005 s 46(7)\ns 93(6)\namended by 21/2005 s 46(8), (9)\ns 93(7)\nsubstituted by 21/2005 s 46(10)\ns 93(8)\namended by 21/2005 s 46(11)\n\ns 93(8aa)—(8ac)\ninserted by 45/2017 s 28\ns 93(8a) and (8b)\ninserted by 21/2005 s 46(12)\ns 93(9)\ns 93A\ninserted by 21/2005 s 47\ns 93A(1)\nsubstituted by 45/2017 s 29(1)\ns 93A(3)\namended by 45/2017 s 29(2)\ns 93A(5)\ns 93A(8)\ns 94\n\ns 94(1)\namended by 21/2005 s 48(1)—(3)\ns 94(2)\namended by 21/2005 s 48(4), (5)\ns 94(3)\namended by 21/2005 s 48(6)\ns 94(4)\namended by 21/2005 s 48(7), (8)\ns 94(4a)\ninserted by 21/2005 s 48(9)\n\namended by 35/2008 s 15\ns 94(4b)\ninserted by 21/2005 s 48(9)\ns 94(5)\namended by 21/2005 s 48(10)\n\ns 94(6)\namended by 21/2005 s 48(11)\ns 94(7)\nsubstituted by 21/2005 s 48(12)\ns 95\n\ns 95(1)\namended by 21/2005 s 49(1)\ns 95(2)\nsubstituted by 21/2005 s 49(2)\ns 95(3)\namended by 21/2005 s 49(3)\ns 95(4)\namended by 21/2005 s 49(4), (5)\ns 95(4a) and (4b)\ninserted by 21/2005 s 49(6)\ns 95(5)\namended by 21/2005 s 49(7), (8)\ns 96\n\ns 96(1)\namended by 21/2005 s 50(1), (2)\ns 96(2)\namended by 21/2005 s 50(3)\ns 96(3)\namended by 21/2005 s 50(4)\ns 96(4)\nsubstituted by 21/2005 s 50(5)\ns 96(5)\ns 97\n\ns 97(1)\namended by 21/2005 s 51(1)\ns 97(2)\nsubstituted by 21/2005 s 51(2)\ns 97(3)\namended by 21/2005 s 51(3)\ns 97(4)\namended by 21/2005 s 51(4), (5)\ns 98\n\ns 98(2)\namended by 21/2005 s 52\ns 99\n\ns 99(1)\namended by 21/2005 s 53(1), (2)\ns 99(2)\namended by 21/2005 s 53(3), (4)\ns 99(2a)\ninserted by 35/1997 s 15\n\namended by 34/2004 Sch 4 cl 12(1), (2)\n\namended by 21/2005 s 53(5)\n\namended by 33/2019 Sch 5 cl 15(1), (2)\ns 99(2b)\ninserted by 35/1997 s 15\ns 99(5)\namended by 21/2005 s 53(6)\ns 99(6)\namended by 21/2005 s 53(7), (8)\ns 99(7)\nsubstituted by 21/2005 s 53(9)\ns 99(8)\ns 99(9) and (10)\ninserted by 21/2005 s 53(10)\ns 101\n\ns 101(1)\namended by 21/2005 s 54(1)\n\namended by 35/2008 s 16(1)\ns 101(3)\namended by 35/2008 s 16(2)\ns 101(4)\namended by 35/2008 s 16(3)\ns 101(5)\namended by 35/2008 s 16(4)\ns 101(5a)\ninserted by 21/2005 s 54(2)\n\namended by 35/2008 s 16(5)\ns 101(5b)\ninserted by 21/2005 s 54(2)\ns 101(6)\namended by 35/2008 s 16(6)\n\ns 101(7) and (8)\nsubstituted by 35/2008 s 16(7)\ns 102\n\ns 102(1)\namended by 35/2008 s 17(1)\ns 102(2)\nsubstituted by 35/2008 s 17(2)\ns 102(3)\namended by 35/2008 s 17(3)\ns 103\n\ns 103(1)\nsubstituted by 35/2008 s 18(1)\ns 103(2a)\ninserted by 21/2005 s 55\n\nsubstituted by 35/2008 s 18(2)\ns 103(2b)\ninserted by 21/2005 s 55\n\namended by 35/2008 s 18(3)\ns 103(3)\namended by 35/2008 s 18(4), (5)\nPt 10A\ninserted by 44/2007 s 11\n10.12.2007—except Divs 1—3—1.7.2009\nPt 10A Div 2\n\ns 103D\n\ns 103D(4)\namended by 5/2017 s 38\nPt 10A Div 3\n\ns 103H\n\ns 103H(4)\namended by 33/2019 Sch 5 cl 16(1), (2)\ns 103H(6)\ns 103J\n\ns 103J(4)\namended by 33/2019 Sch 5 cl 17(1), (2)\ns 103J(11)\ns 103N\n\ns 103N(1)\namended by 35/2008 s 19\ns 103O\n\ns 103O(6)\ns 103S\n\ns 103S(3)\nPt 10A Div 4\ninserted by 44/2007 s 11\n20.11.2008—except ss 103U & 103W—1.7.2009\ns 103U\ns 103V\n\ns 103V(2)\namended by 51/2017 s 77(1)\ns 103V(4)\ninserted by 51/2017 s 77(2)\ns 103W\n\ns 103W(1) and (2)\ns 103X\n\ns 103X(2) and (3)\ns 103Y\n\ns 103Y(1)\ns 103Y(3)\ns 103Z\n\ns 103Z(1) and (2)\ns 103Z(4)\nPt 10A Div 4A\n\ns 103ZA\ns 103ZB\nPt 11\n\nheading\nsubstituted by 21/2005 s 56\ns 104\n\ns 104(1)\namended by 44/2007 s 12\ns 104(7)\namended by 21/2005 s 57(1)\n\namended by 17/2006 s 110(1)\ns 104(8)\namended by 17/2006 s 110(2)\ns 104(11)\namended by 17/2006 s 110(3), (4)\ns 104(14)\namended by 17/2006 s 110(5)\ns 104(23)\ninserted by 21/2005 s 57(2)\ns 104A\ninserted by 21/2005 s 58\nPt 12\n\ns 105\n\ns 105(2)\nsubstituted by 21/2005 s 59(1)\ns 105(3)\namended by 21/2005 s 59(2)\ns 105(4)\namended by 21/2005 s 59(3), (4)\nPt 13\n\ns 106\n\ns 106(1)\namended by 21/2005 s 60(1), (2)\n\namended by 35/2008 s 20\n\namended by 44/2007 s 13(1)\n\namended by 22/2010 s 8\ns 106(3)\namended by 44/2007 s 13(2)\ns 108\n\ns 108(1)\ns 108 redesignated as s 108(1) by 21/2005 s 61\ns 108(2)\ninserted by 21/2005 s 61\nPt 14\n\ns 109\n\ns 109(3)\namended by 21/2005 s 62(1)—(3)\n\namended by 21/2005 s 62(4)\n\namended by 44/2007 s 14\n20.11.2008 except (i)—(id)—1.7.2009\n\namended by 22/2010 s 9\n\namended by 5/2017 s 39\ns 109(3a)\ninserted by 21/2005 s 62(5)\ns 109(7)\ninserted by 21/2005 s 62(6)\nPt 15\n\ns 110\namended by 88/2000 Sch 1 cl 1\n2.4.2001\n\namended by 23/2004 Sch 1\n1.9.2004\ns 111\n\ns 111(4)\ninserted by 21/2005 s 63\ns 112\n\ns 112(3)\namended by 35/2003 Sch cl 6(b)\ns 112(5) and (6)\ninserted by 21/2005 s 64\ns 115\nsubstituted by 35/2008 s 21\ns 116\namended by 21/2005 s 65(1)—(3)\ns 117\n\ns 117(2)\namended by 43/2002 s 20(a)\ns 117(3)\namended by 43/2002 s 20(b)\ns 118\n\ns 118(1)\namended by 35/1997 s 16\n\namended by 21/2005 s 66(1)\ns 118(2)\namended by 21/2005 s 66(2)\n\namended by 35/2008 s 22\ns 119\namended by 21/2005 s 67\n\namended by 45/2017 s 30\ns 120\nsubstituted by 21/2005 s 68\ns 120A\ninserted by 11/1997 s 4\n1.5.1997\n\nsubstituted by 21/2005 s 68\ns 120A(1)\ns 121\namended by 57/2016 s 64\n\ns 122 before deletion by 84/2009\n\ns 122(1)\namended by 43/2002 s 21\n\namended by 21/2005 s 69(1)\ns 122(3)\namended by 21/2005 s 69(2)\ns 122\ndeleted by 84/2009 s 117\ns 124\n\ns 124(1)\nsubstituted by 21/2005 s 70(1)\ns 124(2)\namended by 21/2005 s 70(2)\ns 124(4)\namended by 21/2005 s 70(3), (4)\ns 125\nsubstituted by 21/2005 s 71\ns 126\namended by 21/2005 s 72\ns 127\n\ns 127(1)\namended by 21/2005 s 73\ns 128\n\ns 128(1)\namended by 21/2005 s 74\nss 129 and 130\nsubstituted by 21/2005 s 75\ns 133\n\ns 133(1)\namended by 21/2005 s 76(1)\ns 133(1a)\ninserted by 43/2002 s 22(a)\n\namended by 21/2005 s 76(2), (3)\ns 133(1b)\ninserted by 43/2002 s 22(a)\n\namended by 21/2005 s 76(4)\ns 133(3)\ninserted by 43/2002 s 22(b)\ns 135\namended by 35/1997 s 17\n\nsubstituted by 21/2005 s 77\ns 135(4)\ns 135A\ninserted by 35/2018 s 63\n1.7.2019\ns 136\namended by 21/2005 s 78\ns 137A\ninserted by 21/2005 s 79\ns 138\n\ns 138(1)\namended by 35/1997 s 18\n\namended by 21/2005 s 80\ns 139\n\ns 139(1)\namended by 35/1997 s 19(a)\n\namended by 21/2005 s 81(1), (2)\ns 139(2)\namended by 21/2005 s 81(3), (4)\ns 139(3a)\ninserted by 45/2017 s 31(1)\ns 139(4)\nsubstituted by 21/2005 s 81(5)\ns 139(4a)\ninserted by 45/2017 s 31(2)\ns 139(6)\namended by 35/1997 s 19(b)\n\namended by 21/2005 s 81(6)\ns 140\n\ns 140(2)\namended by 21/2005 s 82\n\namended by 45/2017 s 32(1)—(3)\ns 140(3)\namended by 45/2017 s 32(4), (5)\ns 140(3a)\ninserted by 45/2017 s 32(6)\ns 140(8)\ndeleted by 18/1994 Sch cl 2\nSch 1\n\nPt AA\ninserted by 1/2019 r 4(1)\nPt A\n\ncl A2\ninserted by 1/2019 r 4(2)\ncl 1\n\ncl 1(1)\namended by 181/1994 r 4(a)\ncl 1(2)\nsubstituted by 181/1994 r 4(b)\n\namended by 311/2020 r 4(1)\ncl 1(4)\ndeleted by 1/2019 r 4(3)\ncl 1(5)\nsubstituted by 1/2019 r 4(4)\ncl 1(5a)\ninserted by 35/2018 s 64\n1.1.2020\ncl 1(6)\namended by 181/1994 r 4(c)\n\nsubstituted by 1/2019 r 4(5)\ncl 2\n\ncl 2(2)\namended by 1/2019 r 4(6)\ncl 2(6)\nsubstituted by 1/2019 r 4(7)\ncl 2(11)\ndeleted by 1/2019 r 4(8)\ncl 2(12)\namended by 181/1994 r 4(d)\n\namended by 1/2019 r 4(9)\ncl 2(13)\namended by 1/2019 r 4(10)\ncl 2(14) and (15)\ninserted by 181/1994 r 4(e)\ncl 3 before substitution by 1/2019\n\ncl 3(2)\nsubstituted by 181/1994 r 4(f)\n\namended by 161/2001 r 4(a)\ncl 3(3)\nsubstituted by 181/1994 r 4(f)\n\n(e)(i)(A) deleted by 35/2008 s 23(1)\n\namended by 35/2008 s 23(2), (3)\ncl 3(4)\namended by 181/1994 r 4(g)\n\namended by 21/2005 s 83(1)\ncl 3\nsubstituted by 1/2019 r 4(11)\ncl 4\nsubstituted by 181/1994 r 4(h)\ncl 4(2)\namended by 5/2017 s 40(1)\nuncommenced—not incorporated\n\namended by 1/2019 r 4(12)\n\namended by 5/2017 s 40(2)\ncl 5\nheading amended by 66/2001 Sch cl 1(a)\n1.7.2002\ncl 5(1)\nsubstituted by 181/1994 r 4(i)\n\namended by 161/2001 r 4(b)\ncl 5(2)\namended by 181/1994 r 4(j)\n\ndeleted by 66/2001 Sch cl 1(b)\n1.7.2002\ncl 5(3)\namended by 181/1994 r 4(k)\ncl 5(4)\ninserted by 181/1994 r 4(l)\n\namended by 33/1995 r 4(a), (b)\n\namended by 161/2001 r 4(c)\n\nsubstituted by 1/2019 r 4(13)\ncl 5(5)\ninserted by 311/2020 r 4(2)\ncl 6\n\ncl 6(1)\nsubstituted by 181/1994 r 4(m)\n\namended by 252/2007 r 4\n\namended by 1/2019 r 4(14)\ncl 6(3)\ndeleted by 1/2019 r 4(15)\ncl 6(4)\namended by 181/1994 r 4(n)\n\namended by 33/1995 r 4(c)\n\nsubstituted by 1/2019 r 4(16)\ncl 6(5)\namended by 181/1994 r 4(o)\ncl 6(6)\nsubstituted by 181/1994 r 4(p)\n\namended by 1/2019 r 4(17)\ncl 6(9)\namended by 181/1994 r 4(q)\ncl 6(10)\namended by 181/1994 r 4(r)\ncl 6(11)\ninserted by 181/1994 r 4(s)\n\namended by 161/2001 r 4(d)\ncl 7\n\ncl 7(2)\nsubstituted by 229/2001 r 4\n11.10.2001\n\namended by 40/2012 Sch 6 cl 5\n1.1.2013\n\namended by 1/2019 r 4(18)\n\namended by 5/2017 s 40(3)\ncl 7(3)\namended by 181/1994 r 4(t), (u)\ncl 7(4)\namended by 181/1994 r 4(v)\ncl 7(6)\ninserted by 181/1994 r 4(w)\n\namended by 1/2019 r 4(19)\ncl 7(7)\ninserted by 181/1994 r 4(w)\ncl 8\n\ncl 8(1)\namended by 181/1994 r 4(x)\ncl 8(2)\namended by 181/1994 r 4(y)\ncl 8(3)\nsubstituted by 181/1994 r 4(z)\n\namended by 21/2005 s 83(2)\ncl 8(4)\nsubstituted by 181/1994 r 4(z)\ncl 8(5)\namended by 181/1994 r 4(aa)\ncl 8(6)\namended by 181/1994 r 4(ab)\ncl 8(6a)\ninserted by 227/2013 r 4(1)\ncl 8(7)\ninserted by 181/1994 r 4(ac)\n\namended by 227/2013 r 4(2)\ncl 8(8)\ninserted by 1/2019 r 4(20)\ncl 8(9)\ninserted by 311/2020 r 4(3)\nPt B\nsubstituted by 1/2019 r 4(21)\nSch 2 before deletion by 21/2005\n\ncl 5\n\ncl 5(3a)\ninserted by 11/1997 s 5\ncl 5(10)\ninserted by 35/1997 s 20(a)\ncl 6\ninserted by 35/1997 s 20(b)\nSch 2\ndeleted by 21/2005 s 84\nTransitional etc provisions associated with Act or amendments\nEnvironment Protection (Miscellaneous) Amendment Act 2005, Sch 1—Transitional provisions\nIn this Schedule—\nMinister means the Minister responsible for the administration of the principal Act;\n2—Environment, Resources and Development Committee to conduct inquiry into administering agencies\nThe Environment, Resources and Development Committee of the Parliament must, not less than 2 years after the commencement of section 17, inquire into, consider and report on the role and functions of administering agencies (other than the Environment Protection Authority) under the principal Act as amended by this Act.\n3—Amendment of environment protection policies by notice\n\t(1)\tThe Minister may, by notice in the Gazette, amend an environment protection policy—\n\t(a)\tto substitute, for references in the policy to a \"Category C offence\", references to a \"Category D offence\"; or\n\t(b)\tto add to the policy references to another \"administering agency\" so that they appear in the alternative to references to the \"Authority\".\n\t(2)\tAn amendment under subclause (1) comes into operation on the day fixed in the notice of the amendment.\n4—Environment protection policies in force under section 28A\nThe following provisions apply in relation to an environment protection policy in operation immediately before the commencement of section 22 by virtue of section 28A(1) of the principal Act:\n\t(a)\ton the commencement of section 22, the environment protection policy continues in operation as an environment protection policy made under the principal Act;\n\t(b)\tafter the commencement of section 22, the normal procedure for making environment protection policies does not apply in relation to a draft environment protection policy—\n\t(i)\tthat revokes and replaces the environment protection policy if the Minister is satisfied that—\n\t(A)\tthe draft environment protection policy covers the same subject matter as the policy it is revoking; and\n\t(B)\tthe only substantive changes relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary or appropriate for the application of the policy in this jurisdiction; or\n\t(ii)\tthat revokes the environment protection policy if the Minister is satisfied that an environment protection policy is not required for the implementation of the relevant national environment protection measure;\n\t(c)\tthe Minister may refer a draft policy referred to in paragraph (b) directly to the Governor.\nEnvironment Protection (Miscellaneous) Amendment Act 2008, Sch 1—Transitional provisions\nIn this Schedule—\n2—Classes of containers approved under repealed provisions\n\t(1)\tAn approval of a class of containers as category A containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category A containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.\n\t(2)\tAn approval of a class of containers as category B containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category B containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.\n3—Refund markings approved under repealed provisions\nAn approval of a refund marking in relation to a class of containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as if it were a marking specified by the Authority as a condition of approval in relation to that class of containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.\n4—Continuation of collection depot approvals\nAn approval of a collection depot in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval in respect of the collection depot under section 69 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.\n5—Super collectors\nA person who carried on a business as a super collector immediately before the commencement of this clause is, if the person has made an application in a manner and form determined by the Authority accompanied by the prescribed fee and any information requested by the Authority, entitled to the grant, on that commencement, of an approval under section 69 of the principal Act as amended by this Act to carry on business as a super collector subject to conditions determined by the Authority.\nStatutes Amendment (Budget 2010) Act 2010\n10—Transitional provision\nIf, immediately before the commencement of this section, a person holds an environmental authorisation granted or renewed by the Authority under the Environment Protection Act 1993 purportedly as a sustainability licence or accredited sustainability licence, the environmental authorisation will be taken to have been endorsed under Part 6A of that Act as a sustainability licence on the basis of the measures, auditing programme and review programme specified in connection with the purported sustainability licence or accredited sustainability licence.\nEnvironment Protection (Variation of Act, Schedule 1) (Waste Reform) Regulations 2019 (No 1 of 2019), Sch 1—Transitional provisions\nIn this Schedule, unless the contrary intention appears—\nexisting licensee means a person who, immediately before the commencement of this clause, held a licence to undertake a prescribed activity of environmental significance under old Schedule 1;\nlicence has the same meaning as in the principal Act;\nnew Schedule 1 means Schedule 1 of the principal Act as amended by these regulations;\nold Schedule 1 means Schedule 1 of the principal Act as in force immediately before the commencement of these regulations;\n2—Licences to continue\n\t(1)\tSubject to subclause (2), a licence that, immediately before the commencement of this clause, authorised a person to undertake a prescribed activity of environmental significance under old Schedule 1, continues after that commencement as a licence to undertake the same activity under new Schedule 1 (despite the fact that it may be differently described or numbered under new Schedule 1) and is subject to the same conditions as those applying immediately before that commencement.\n\t(2)\tThe Authority may, on the Authority's own initiative or on application by an existing licensee—\n\t(a)\tgrant a new licence to the person; or\n\t(b)\trevoke an existing licence; or\n\t(c)\tby notice in writing to the licensee given within 2 years after the commencement of this clause—\n\t(i)\tvary the terminology or numbering in the existing licence; or\n\t(ii)\timpose or vary a condition of the existing licence,\nif, in the opinion of the Authority, it is necessary or desirable to do so as a consequence of the variation of Schedule 1 of the principal Act by these regulations.\n\t(3)\tThe Authority is not required to grant a licence, or impose or vary a condition of a licence, on application by an existing licensee under this clause except on application and payment of the appropriate fees under Part 6 of the principal Act.\n\t(4)\tIf the Authority takes action under subclause (2) on its own initiative, the Authority may dispense with the requirement for applications and payment of fees as it considers appropriate.\n\t(5)\tPublic notice is not required to be given under Part 6 of the principal Act in respect of a licence that is granted or varied pursuant to this clause.\n\t(6)\tA licence granted pursuant to this clause is, except as specified in this clause, subject to the principal Act.\n\t(7)\tFor the avoidance of doubt, a reference in this clause to a condition of a licence includes a reference to a term of a licence, or an authorisation or any other right or limitation set out in a licence.\n3—Approvals relating to management of tyre waste\n\t(1)\tAn approval by the Authority under Schedule 1 Part A clause 3(3)(f) of the principal Act as in force immediately before the commencement of this clause in relation to the manner of handling and disposal of waste tyres or tyre pieces will be taken, on and from that commencement, to be a prescribed approved activity of a kind specified in paragraph (f) of the definition of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations.\n\t(2)\tThe approval (as continued by virtue of subclause (1)) is subject to the same conditions (if any) as those applying immediately before the commencement of this clause.\n4—Determinations that environmental authorisation not justified\nA determination by the Authority under Schedule 1 Part A clause 3(3)(i), 3(4)(y) or 7(2)(f) of the principal Act as in force immediately before the commencement of this clause that the requirement of an environmental authorisation under Part 6 would not be justified in relation to an activity will be taken, on and from that commencement, to be a determination by the Authority that an environmental authorisation is not justified in respect of the activity having regard to the prescribed factors (within the meaning of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations).\nStatutes Amendment and Repeal (Budget Measures) Act 2018, Pt 4\n65—Transitional provisions\n\t(1)\tSubject to this section, the Authority must, despite the provisions of Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a petrol station within the meaning of Schedule 1 Part A clause 1(5a) of the principal Act as amended by this Part (to have effect from the commencement of this Part), if, immediately before the commencement of this Part, the retail sale of petroleum products from that petrol station was authorised under a licence pursuant to Part 2 of the Petroleum Products Regulation Act 1995.\n\t(2)\tThe Authority is not required to grant a licence under this section except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act.\n\t(3)\tA licence granted pursuant to this section—\n\t(a)\thas effect for a term of 2 years or such shorter or longer term as may be determined by the Authority and specified in the licence; and\n\t(b)\tis—\n\t(i)\texcept as specified in this section—subject to the principal Act; and\n\t(ii)\tsubject to any conditions of the licence imposed by the Authority under Part 6 of the principal Act and specified in the licence.\n\t(4)\tNotice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this section.\n\t(5)\tIn this section—\npetroleum product has the same meaning as in the Petroleum Products Regulation Act 1995;\nEnvironment Protection (Variation of Act, Schedule 1) Regulations 2020 (No 311 of 2020), Sch 1\n1—Transitional provision\n\t(1)\tThe Authority must, despite Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a broiler farm within the meaning of Schedule 1 Part A clause 5(5) of the principal Act as inserted by these regulations (to have effect from the commencement of this clause), if the applicant for the licence is, immediately before the commencement of this clause, an accredited poultry grower under the Primary Produce (Food Safety Schemes) (Meat) Regulations 2017 in respect of the business of growing poultry at the broiler farm.\n\t(2)\tThe Authority is not required to grant a licence pursuant to this clause except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act.\n\t(3)\tA licence granted under this clause—\n\t(a)\thas effect for a term determined by the Authority; and\n\t(b)\tis—\n\t(i)\texcept as specified in this clause—subject to the principal Act; and\n\t(ii)\tsubject to any conditions of the licence imposed by the Authority under Part 6 of the Act and specified in the licence.\n\t(4)\tPublic notice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this clause.\n\t(5)\tIn this clause—\nHistorical versions\nReprint No 1—1.5.1995\n\nReprint No 2—1.7.1995\n\nReprint No 3—4.4.1996\n\nReprint No 4—2.1.1997\n\nReprint No 5—2.3.1997\n\nReprint No 7—1.5.1997\n\nReprint No 8—2.7.1997\n\nReprint No 9—29.7.1999\n\nReprint No 10—2.4.2001\n\nReprint No 11—14.6.2001\n\nReprint No 12—28.6.2001\n\nReprint No 13—11.10.2001\n\nReprint No 14—1.7.2002\n\nReprint No 15—10.4.2003\n\nReprint No 16—24.11.2003\n\n1.9.2004\n\n1.1.2013\n\n1.7.2019\n\n1.1.2020\n\n18.6.2020\n\n","sortOrder":25}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"name":"Environment Protection Act 1993","slug":"environment-protection-act-1993","title_id":"environment-protection-act-1993","version_id":31994,"analysis_type":"summary","content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"Whole Act. South Australian legislation. 465,081 characters; whole-doc strategy."},"complexity_factors":["Comprehensive environmental regulation across multiple dimensions (licences, enforcement, site contamination, beverage containers)","Complex tiered offence structure (serious/material/nuisance)","Site contamination regime (Part 10A) has its own liability and auditor accreditation framework","Beverage container scheme operates its own regulatory structure within Part 8","Multiple enforcement pathways (criminal, civil, administrative)"],"plain_english_summary":"The Environment Protection Act 1993 (SA) is South Australia's principal environmental protection legislation. It establishes the Environment Protection Authority (EPA) and sets out a comprehensive regime for preventing and controlling pollution, managing site contamination, regulating environmentally significant activities, and protecting environmental quality.\n\nThe Act imposes a general environmental duty (s 25) on all persons: anyone undertaking an activity that pollutes or might pollute the environment must take all reasonable and practicable measures to prevent or minimise environmental harm. This duty is enforceable through environment protection orders but is not itself a criminal offence.\n\nPart 6 requires works approvals and licences for prescribed activities of environmental significance (listed in Schedule 1). The EPA grants, renews, and conditions these authorisations. Conditions can include financial assurance, monitoring and audit requirements, emergency plans, and environment improvement programmes.\n\nPart 9 creates the principal criminal offences: causing serious environmental harm (maximum $2 million for corporations/$500,000 for individuals, up to 4 years prison for intentional/reckless conduct) and causing material environmental harm. Environmental nuisance is a lower-level offence. Mandatory notification obligations apply when serious or material environmental harm is caused or threatened.\n\nPart 10 provides for enforcement through authorised officers, environment protection orders, and clean-up orders. Part 10A contains a comprehensive site contamination regime: who is an appropriate person to receive site contamination assessment or remediation orders, how contamination is assessed and remediated, and the accreditation and obligations of site contamination auditors.\n\nPart 8 contains SA's distinctive beverage container recycling scheme (the original Container Deposit Legislation), which requires refund amounts to be paid on Category A and Category B containers and regulates retailers, collection depots, and super collectors.\n\nPart 11 provides civil remedies and civil penalties. Part 13 provides for appeals to the Environment, Resources and Development Court."},"kimi_summary":{"_metrics":{"completionTokens":967},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original 1993 framework. Major expansions include: Part 6A sustainability licence endorsements (voluntary green certification); Part 8 Division 2 beverage container scheme (container deposit legislation); Part 10A site contamination provisions (retroactive liability regime added 2006); special powers warrants for surveillance (section 88A); and extensive climate change adaptation/mitigation references inserted throughout the objects and functions. The original Act was primarily a licensing and pollution control statute; it now encompasses waste hierarchy management, product stewardship, land title-based liability, and corporate director liability."},"complexity_factors":["140+ sections with extensive cross-referencing between Parts","47+ defined terms in the interpretation section alone, many with nested definitions","Multiple overlapping regulatory schemes: general environmental duty, mandatory policies, licensing system, site contamination regime, water protection areas, and container deposit scheme","Complex liability rules for site contamination extending to directors and related bodies corporate (sections 103C-103G)","Nested exceptions and conditional triggers throughout (e.g., defences that don't apply if certain conditions met)","Special powers warrants with telephone/email application procedures (section 88A)","Extensive Schedule 1 with 8 categories of prescribed activities and multiple sub-thresholds","Interaction provisions with 10+ other Acts creating carve-outs and priority rules","Civil penalty scheme operating in parallel with criminal offences (section 104A)","Registration of orders on land titles creating charges that bind subsequent owners"],"plain_english_summary":"## What This Act Does\n\nThis is South Australia's main law for protecting the environment. It creates the **Environment Protection Authority (EPA)** — a government body that regulates pollution, waste, and environmental harm across the state.\n\n### Key Things the Act Covers\n\n**1. General Environmental Duty**\n- Everyone has a basic legal obligation: **don't pollute unless you take all reasonable steps to prevent or minimise harm**. This applies to individuals and businesses alike.\n\n**2. Licences and Approvals**\n- Businesses doing environmentally significant activities (like chemical manufacturing, waste disposal, mining, or large-scale farming) need **environmental authorisations** — either a *works approval* (for building) or a *licence* (for operating).\n- The EPA can attach conditions to these licences, including requirements for:\n  - Financial assurances (bonds or insurance)\n  - Regular monitoring and testing\n  - Emergency plans\n  - Staff training\n  - Environmental improvement programmes\n\n**3. Site Contamination**\n- Special rules apply when land is contaminated with chemicals. The EPA can issue **site contamination assessment orders** and **site remediation orders** to force cleanup.\n- Liability can extend to current landowners, previous polluters, and in some cases, company directors who tried to avoid responsibility.\n\n**4. Waste Management**\n- The Act establishes a **waste management hierarchy**: avoid waste first, then minimise, reuse, recycle, recover energy, treat, and only then dispose.\n- It includes a **container deposit scheme** (the \"10 cent refund\" system for drink containers).\n- **Waste depots** and **waste transport businesses** need specific approvals.\n\n**5. Water Protection**\n- Special **water protection areas** can be declared where extra restrictions apply to protect underground and surface water.\n\n**6. Enforcement Powers**\n- **Authorised officers** can enter premises, take samples, seize evidence, and issue orders.\n- The EPA can issue **environment protection orders** to stop harmful activities.\n- **Clean-up orders** force polluters to fix environmental damage.\n- Serious offences carry heavy penalties — up to **$2 million for corporations** and **4 years imprisonment** for individuals.\n\n**7. Appeals and Oversight**\n- Decisions can be appealed to the **Environment, Resources and Development Court**.\n- The EPA must maintain a **public register** of licences, contamination sites, and enforcement actions.\n\n### Who It Affects\n- **Businesses** in manufacturing, mining, agriculture, waste management, and chemical industries\n- **Landowners** — especially those buying or selling potentially contaminated land\n- **Local councils** — some are delegated powers to enforce the Act in their areas\n- **The general public** — through the general environmental duty and container deposit scheme"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1993 Act was a consolidation of several earlier pollution laws. Since then, it has been significantly expanded beyond its initial framework. Major additions include: Part 10A (site contamination assessment and remediation, added 2007-2009), Part 6A (sustainability licence endorsements, added 2012), Division 2 of Part 8 (beverage container deposit scheme, significantly revised in 2008 and later), and new offence categories. The Act now covers not only traditional pollution control but also waste management hierarchy, climate change adaptation/mitigation, and detailed site contamination liability rules – far exceeding its original scope."},"complexity_factors":["Extremely long Act with over 140 sections and multiple schedules.","Over 50 defined terms in the interpretation section, many with layered sub-definitions.","Multiple cross-references between Parts, Divisions, and Schedules.","Nested conditional logic in enforcement provisions (e.g., environment protection orders, clean-up orders).","Complex licensing framework with multiple types of authorisations (works approvals, licences, exemptions, sustainability endorsements).","Detailed and prescriptive Schedule 1 listing dozens of prescribed activities, each with thresholds and exclusions.","Numerous amendments over 30 years, adding new parts (e.g., Part 10A on site contamination, Part 6A on sustainability licences) and increasing scope and intricacy."],"plain_english_summary":"This law sets up South Australia's main system for protecting the environment. It creates an Environment Protection Authority (EPA) with power to make rules, issue permits, and enforce penalties. Anyone running a business or activity that could pollute must take 'all reasonable and practicable measures' to prevent or minimise harm – this is called the general environmental duty. Certain activities (like chemical plants, landfills, large farms) need a licence or works approval from the EPA. The law also covers contaminated land, waste management (including a container deposit scheme), and gives the EPA strong powers to inspect, issue orders, and clean up pollution. Businesses face significant compliance costs, paperwork, and potential fines. While aimed at reducing environmental harm, the law creates a large regulatory apparatus that can limit private choices, increase costs for businesses, and concentrate power in the hands of the EPA."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-act-1993","history":"/api/acts/environment-protection-act-1993/history","analysis":"/api/acts/environment-protection-act-1993/analysis","conflicts":"/api/acts/environment-protection-act-1993/conflicts","importantCases":"/api/acts/environment-protection-act-1993/important-cases","documents":"/api/acts/environment-protection-act-1993/documents"}}