{"id":"environment-protection-regulations-2023","name":"Environment Protection Regulations 2023","slug":"environment-protection-regulations-2023","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235429,"registerId":"sa-environment-protection-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Environment Protection Regulations 2023.\n3—Interpretation\n\t(1)\tIn these regulations—\naccreditation, in relation to a site contamination auditor, means accreditation under Part 5 Division 2;\naccreditation committee means a committee established by the Board under section 17 of the Act to advise the Authority in relation to accreditation of site contamination auditors;\naccredited activity means a prescribed activity of environmental significance carried on by a licensee in respect of which accreditation is granted under regulation 34;\nAct means the Environment Protection Act 1993;\nAdelaide airshed means the area described in Schedule 2 clause 2;\nagriculture includes horticulture;\napproved estimation or monitoring technique for an activity means—\n\t(a)\tan estimation technique set out in an EET manual for the activity; or\n\t(b)\ta technique or method approved by the Authority for the activity by condition of licence or otherwise;\napproved weighbridge means a weighbridge—\n\t(a)\tthat is operated in accordance with a licence issued under the National Measurement Act 1960 of the Commonwealth; or\n\t(b)\tthat is approved by the Authority under regulation 69;\nasbestos includes unbound or friable asbestos and bound or non‑friable asbestos;\nassessable site—see subregulation (2);\nassessable vehicle—each vehicle approved by the Authority for the transport of waste under a licence that authorises a waste transport business is to be taken to be an assessable vehicle;\ncopper means copper and its compounds;\ndesignated air pollutant means sulphur dioxide, nitrogen oxides, particulates, volatile organic compounds or lead, but does not include ethanol emitted in the course of a prescribed activity of environmental significance specified in Schedule 1 clause 6(2) or (11) of the Act (breweries, wineries and distilleries);\ndesignated water pollutant means—\n\t(a)\theat, suspended solids, nitrogen, phosphorus, organic matter, zinc, lead or copper discharged in the course of any prescribed activity of environmental significance; or\n\t(b)\tsalt discharged in the course of a desalination plant;\ndredging means the prescribed activity of environmental significance specified in Schedule 1 clause 7(4) of the Act;\nearthworks drainage means the prescribed activity of environmental significance specified in Schedule 1 clause 7(6) of the Act;\nEET manual for an activity means a manual setting out techniques for making estimates in relation to the activity published by the Commonwealth for the purposes of the National Pollutant Inventory—see www.npi.gov.au;\nenvironment management component means the environment management component of an annual authorisation fee for a licence (see regulation 28 and Schedule 2 Part 2);\nEPA odour criteria means the criteria specified in Ambient air quality assessment as published by the Authority in August 2016;\nfee unit—see Schedule 4 clause 1;\nflat fee component means the flat fee component of an annual authorisation fee for a licence (see regulation 27);\ngreen waste means waste comprised of plants or plant matter, including leaves, twigs, branches, tree trunks, prunings, grass clippings, fruit, vegetables and fruit or vegetable scraps;\ninert waste means solid waste that has no active chemical or biological properties and is not subject to biological or chemical breakdown;\nlead means lead and its compounds;\nlicence period, in relation to a licence, means the period of 12 months from the first anniversary of the grant or renewal of the licence and each subsequent period of 12 months;\nThis is to be distinguished from the term of the licence (which is a period determined by the Authority under section 43 of the Act).\nliquid organic chemical substances means oil, petroleum or biofuels, other than when stored in the fuel tank of a motor vehicle for the purposes of powering the vehicle;\nlisted substance means a substance listed in Schedule 3 clause 4;\nmarine environment means—\n\t(a)\tmarine waters; or\n\t(b)\tland that is covered with marine waters (whether permanently or from time to time);\nmetropolitan Adelaide means Metropolitan Adelaide as defined by GRO Plan 639/93;\nmetropolitan coastal waters means the body of waters extending 3 nautical miles seaward from the coastline forming the western boundary of metropolitan Adelaide;\nMount Gambier airshed means the area described in Schedule 2 clause 3;\nMount Lofty Ranges Water Protection Area means the Mount Lofty Ranges Water Protection Area as declared under Part 8 of the Act;\nNational Pollutant Inventory means the inventory established as a result of the National Environment Protection (National Pollutant Inventory) Measure;\nnitrogen means total nitrogen;\norganic matter—see subregulation (3);\nparticulates means particulate matter 10 micrometres or less in diameter, and includes red dust particulates;\npesticides includes herbicides and fungicides;\nphosphorous means total phosphorus;\npollutant load‑based component means the pollutant load‑based component of the resource efficiency component of an annual authorisation fee for a licence (see regulation 29);\nPort Pirie airshed means the area described in Schedule 2 clause 4;\nPort River region means the area described in Schedule 2 clause 5;\nprescribed activity of environmental significance means an activity specified in Schedule 1 Part A of the Act;\nred dust particulates means haematite or goethite;\nreporting period means—\n\t(a)\tfor a licence authorising an activity in respect of which a report is provided to the Authority for the purposes of the National Pollutant Inventory—the period to which the report relates; or\n\t(b)\tfor any other licence—the 12 month period approved by the Authority for the licence by condition of the licence or by notice in writing to the licensee;\nresource efficiency component—the resource efficiency component of the annual authorisation fee for a licence is comprised of the pollutant load‑based component and the water reuse component (see regulation 27);\nresponsible auditor, in relation to a site contamination audit, means the site contamination auditor who personally carried out or directly supervised the work involved in the audit;\nseptic tank effluent means effluent that is ordinarily collected by means of a septic tank, waterless composting toilet, aerated wastewater treatment system or similar on‑site waste collection system;\nSouth East Water Protection Area means the South East Water Protection Area as declared under Part 8 of the Act;\nunderground waters means waters occurring naturally under the ground or introduced to an aquifer or other area under the ground;\nUpper Spencer Gulf means the waters described in Schedule 2 clause 6;\nwaste fill means waste consisting of clay, concrete, rock, sand, soil or other inert mineralogical matter in pieces not exceeding 100 millimetres in length and containing chemical substances in concentrations (calculated in a manner determined by the Authority) less than the concentrations for those substances set out in the following table (but does not include waste consisting of or containing asbestos or bitumen):\n\nChemical substance\nConcentration (milligrams per kilogram of waste fill)\nChemical substance\nConcentration (milligrams per kilogram of waste fill)\nAldrin/dieldrin (total)\nEthylbenzene\n3.1\nArsenic\nHeptachlor\nBarium\nLead\nBenzene\nManganese\nBenzo(a)pyrene\nMercury\nBeryllium\nNickel\nCadmium\nPetroleum hydrocarbons TPH C6‑C9 (total)\nChlordane\nPetroleum hydrocarbons TPH>C9\nChromium (III)\nPhenolic compounds (total)\n0.5\nChromium (VI)\nPolychlorinated biphenyls (PCBs)\nCobalt\nPolycyclic aromatic hydrocarbons (PAH) (total)\nCopper\nToluene\n1.4\nCyanides (total)\nXylene (total)\nDDT\nZinc\nwaste transport business (category A) means the prescribed activity of environmental significance specified in Schedule 1 clause 3(6) of the Act;\nwaste transport business (category B) means the prescribed activity of environmental significance specified in Schedule 1 clause 3(6) of the Act;\nwastewater includes—\n\t(a)\tsewage, and septic tank effluent, whether treated or untreated; and\n\t(b)\twater containing commercial or industrial waste;\nwater reuse component means the water reuse component of the resource efficiency component of an annual authorisation fee for a licence (see regulation 30);\nWhyalla airshed means the area described in Schedule 2 clause 7;\nzinc means zinc and its compounds.\n\t(2)\tFor the purposes of these regulations, the following principles apply in relation to an assessable site:\n\t(a)\teach location specified in a licence at which a prescribed activity of environmental significance may be undertaken is to be taken to be an assessable site;\n\t(b)\tif various places are specified in a licence as a single location, then the various premises are together to be taken to be an assessable site;\n\t(c)\tif a licence authorises a prescribed activity of environmental significance to be undertaken by means of mobile works, then the various premises at which the mobile works are used are together to be taken to be an assessable site;\n\t(d)\tthe prescribed activities of dredging, earthworks drainage and a waste transport business are not to be regarded as being undertaken at an assessable site.\n\t(3)\tA reference in these regulations to an amount of organic matter is—\n\t(a)\tin the case of organic matter discharged to waters in the course of a desalination plant—a reference to the amount of total organic carbon so discharged (expressed in kilograms); and\n\t(b)\tin any other case—a reference to the biochemical oxygen demand of the organic matter (expressed in kilograms),\ndetermined in accordance with an approved estimation or monitoring technique for the activity that produces the organic matter.\n\t(4)\tA reference in these regulations to the discharge of a pollutant in the course of a desalination plant is a reference to the discharge of the pollutant in the course of a prescribed activity of environmental significance specified in Schedule 1 Part A clause 8(6a) of the Act (desalination plant).\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"General provisions supporting Act","content":"Part 2—General provisions supporting Act\n4—Prescribed national scheme laws (section 3)\n\t(1)\tFor the purpose of paragraph (a) of the definition of the prescribed national scheme laws in section 3(1) of the Act, the National Environment Protection Council Act 1994 of the Commonwealth is the prescribed law of the Commonwealth.\n\t(2)\tFor the purpose of paragraph (b) of the definition of the prescribed national scheme laws in section 3(1) of the Act, the National Environment Protection Council (South Australia) Act 1995 is the prescribed law of this State.\n5—Prescribed bodies (sections 3, 4 and 5)\n\t(1)\tFor the purposes of paragraph (d) of the definition of pollutant in section 3(1) of the Act, and for the purposes of section 5(1)(b) of the Act, the following bodies are prescribed:\n\t(a)\tAustralian Conservation Foundation Inc;\n\t(b)\tBusiness Council for Sustainable Development Australia;\n\t(c)\tConservation Council of South Australia Incorporated;\n\t(d)\tEnvironmental Defenders Office (SA) Incorporated;\n\t(e)\tEnvironmental Health Australia;\n\t(f)\tLocal Government Association of South Australia Incorporated;\n\t(g)\tNational Environmental Law Association Limited (SA Branch);\n\t(h)\tPrimary Producers SA Incorporated;\n\t(i)\tRoyal Australian Chemical Institute Inc.;\n\t(j)\tSA Unions;\n\t(k)\tSouth Australian Chamber of Mines and Energy Incorporated;\n\t(l)\tSouth Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA);\n\t(m)\tSouth Australian Fire and Emergency Services Commission (established under Part 2 Division 1 of the Fire and Emergency Services Act 2005);\n\t(n)\tThe Australian Industry Group;\n\t(o)\tThe Nature Conservation Society of South Australia Incorporated;\n\t(p)\tWaste Management and Resource Recovery Association of Australia Ltd.\n\t(2)\tFor the purposes of section 4(1)(b) of the Act, the following bodies are prescribed:\n\t(a)\tConservation Council of South Australia Incorporated;\n\t(b)\tLocal Government Association of South Australia Incorporated;\n\t(c)\tSouth Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA);\n\t(d)\tThe Australian Industry Group;\n\t(e)\tWaste Management and Resource Recovery Association of Australia Ltd.\n6—Board of Authority (section 14B)\n\t(1)\tFor the purposes of section 14B(4) of the Act, the Minister must, in relation to the selection of persons for appointment to the Board, consult with the following bodies:\n\t(a)\tin relation to the selection for appointment of a person with practical knowledge of, and experience in, industry, commerce or economic development—\n\t(i)\tPrimary Producers SA Incorporated; and\n\t(ii)\tSouth Australian Chamber of Mines and Energy Incorporated; and\n\t(iii)\tSouth Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA); and\n\t(iv)\tThe Australian Industry Group;\n\t(b)\tin relation to the selection for appointment of a person with practical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community—\n\t(i)\tConservation Council of South Australia Incorporated; and\n\t(ii)\tEnvironmental Defenders Office (SA) Incorporated;\n\t(c)\tin relation to the selection for appointment of a person with practical knowledge of, and experience in, the reduction, reuse, recycling and management of waste or the environmental management industry—\n\t(i)\tBusiness Council for Sustainable Development Australia; and\n\t(ii)\tConsult Australia; and\n\t(iii)\tWaste Management and Resource Recovery Association of Australia Ltd;\n\t(d)\tin relation to the selection for appointment of a person with legal qualifications and experience in environmental law—\n\t(i)\tEnvironmental Defenders Office (SA) Incorporated; and\n\t(ii)\tNational Environmental Law Association Limited (SA Branch);\n\t(e)\tin relation to the selection for appointment of a person with practical knowledge of, and experience in, local government—Local Government Association of South Australia Incorporated.\n\t(2)\tA body consulted by the Minister under subregulation (1) must, within a reasonable period of time specified by the Minister, nominate a panel of up to 3 persons, including at least 1 woman and 1 man, from which selection for appointment may be made.\n7—Environment Protection Fund (section 24)\n\t(1)\tFor the purposes of section 24(3)(a) of the Act, the prescribed percentage of fees (other than expiation fees) to be paid into the Environment Protection Fund is 5%.\n\t(2)\tFor the purposes of section 24(3)(b) of the Act, the prescribed percentage of penalties recovered in respect of offences (other than expiation fees or penalties to which a council is entitled) to be paid into the Environment Protection Fund is 100%.\n\t(3)\tFor the purposes of section 24(3)(ba) of the Act, the prescribed percentage of amounts recovered by the Authority, by negotiation or as a result of civil proceedings, in respect of contraventions to be paid into the Environment Protection Fund is 100%.\n\t(4)\tFor the purposes of section 24(3)(e) of the Act, the prescribed percentage of levy payments under Part 15 of the Act to be paid into the Environment Protection Fund is 5%.\n8—Normal procedure for making policies (section 28)\nFor the purposes of section 28 of the Act, the following bodies are prescribed:\n\t(a)\tAustralian Conservation Foundation Inc;\n\t(b)\tBusiness Council for Sustainable Development Australia;\n\t(c)\tConservation Council of South Australia Incorporated;\n\t(d)\tEnvironmental Defenders Office (SA) Incorporated;\n\t(e)\tEnvironmental Health Australia;\n\t(f)\tLocal Government Association of South Australia Incorporated;\n\t(g)\tNational Environmental Law Association Limited (SA Branch);\n\t(h)\tPrimary Producers SA Incorporated;\n\t(i)\tRoyal Australian Chemical Institute Inc.;\n\t(j)\tSA Unions;\n\t(k)\tSouth Australian Chamber of Mines and Energy Incorporated;\n\t(l)\tSouth Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA);\n\t(m)\tSouth Australian Fire and Emergency Services Commission (established under Part 2 Division 1 of the Fire and Emergency Services Act 2005);\n\t(n)\tThe Australian Industry Group;\n\t(o)\tThe Nature Conservation Society of South Australia Incorporated;\n\t(p)\tWaste Management and Resource Recovery Association of Australia Ltd.\n9—Simplified procedure for making certain policies (section 29)\nFor the purposes of section 29 of the Act, the following bodies are prescribed:\n\t(a)\ta body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to any of the following:\n\t(i)\tclimate change;\n\t(ii)\tenergy;\n\t(iii)\tenvironment;\n\t(iv)\thealth;\n\t(v)\theritage;\n\t(vi)\tmining and petroleum;\n\t(vii)\tnatural resource management;\n\t(viii)\tplanning;\n\t(b)\tDepartment of Climate Change, Energy, the Environment and Water (Commonwealth);\n\t(c)\tDepartment of Environment and Science (Queensland);\n\t(d)\tDepartment of Environment, Food and Rural Affairs (United Kingdom);\n\t(e)\tDepartment of Energy, Environment and Climate Action (Victoria);\n\t(f)\tDepartment of Environment, Parks and Water Security (Northern Territory);\n\t(g)\tDepartment of Natural Resources and Environment (Tasmania);\n\t(h)\tDepartment of Planning and Environment (New South Wales);\n\t(i)\tDepartment of Water and Environmental Regulation (Western Australia);\n\t(j)\tenHealth (Commonwealth);\n\t(k)\tEnvironment Agency (United Kingdom);\n\t(l)\tEnvironment, Planning and Sustainable Development Directorate (Australian Capital Territory);\n\t(m)\tEnvironmental Protection Agency (Ireland);\n\t(n)\tEnvironmental Protection Agency (United States);\n\t(o)\tEnvironment Protection Authority (Northern Territory);\n\t(p)\tEnvironment Protection Authority (Victoria);\n\t(q)\tEuropean Environment Agency;\n\t(r)\tInternational Organization for Standardization;\n\t(s)\tNational Health and Medical Research Council;\n\t(t)\tScottish Environment Protection Agency;\n\t(u)\tStandards Australia;\n\t(v)\tUnited Nations Environment Programme;\n\t(w)\tWorld Health Organisation.\n10—Certain matters to be referred to Water Resources Minister (section 64)\n\t(1)\tFor the purposes of section 64(2) of the Act, the period allowed for a response from the Water Resources Minister in respect of an application for an environmental authorisation referred to that Minister is 2 months.\n\t(2)\tPursuant to section 64(6) of the Act, the Authority must not make a decision on an application referred to the Water Resources Minister without having regard to the response of that Minister.\n11—Powers of authorised officers (section 87)\nFor the purposes of section 87(3)(a) of the Act, the following are prescribed as vehicles in relation to which an authorised officer may exercise powers of entry and inspection:\n\t(a)\ta vehicle used to carry waste or other matter;\n\t(b)\ta vehicle used in the course of or in connection with an activity authorised or required to be authorised by an environmental authorisation;\n\t(c)\ta vehicle reasonably suspected of being a vehicle referred to in paragraph (a) or (b).\n12—Issue of warrants (section 88)\nFor the purposes of section 88(7)(a) of the Act, the prescribed form of a notice to be prepared by an authorised officer who executes a warrant is the form set out in Schedule 1 clause 1.\n13—Authority may recover civil penalty in respect of contravention (section 104A)\nFor the purposes of section 104A(3)(a) of the Act, the prescribed form of a notice to be served by the Authority is the form set out in Schedule 1 clause 2.\n14—Public register (section 109)\n\t(1)\tFor the purposes of section 109(3)(l) of the Act, the following information must be recorded in the register:\n\t(a)\tif an environmental authorisation is subject to a condition requiring compliance with an environment improvement programme under section 44 of the Act—details of the environment improvement programme;\n\t(b)\tsuch information as the Authority considers appropriate as to the results of tests or monitoring or evaluation undertaken in compliance with conditions of an environmental authorisation under section 52 of the Act;\n\t(c)\tsuch information as the Authority considers appropriate relating to any determination of the Authority under section 58 of the Act;\n\t(d)\tdetails of each environment performance agreement entered into under section 59 of the Act;\n\t(e)\tdetails of each report of an environmental assessment carried out in relation to land for the purposes of—\n\t(i)\tan approved voluntary site contamination assessment proposal under section 103I of the Act; or\n\t(ii)\tan approved voluntary site remediation proposal under section 103K of the Act;\n\t(f)\tdetails of each report of an environmental assessment carried out, for any other purpose and at any time in relation to land, by or on behalf of the Authority;\n\t(g)\tdetails of each report known as a \"Health Commission Report\" prepared on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976) in relation to pollution of land or contamination of land by chemical substances;\n\t(h)\tcopies of each written warning issued by the Authority in relation to an alleged contravention of the Act;\n\t(i)\tdetails of each pre‑1 July 2009 site audit report carried out in relation to land;\n\t(j)\tdetails of licences to operate a waste depot issued under the repealed South Australian Waste Management Commission Act 1979 or the repealed Waste Management Act 1987;\n\t(k)\tdetails of licences issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act);\n\t(l)\tdetails of licences issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act);\n\t(m)\tdetails of any records that the former South Australian Waste Management Commission held under the repealed Waste Management Act 1987 of waste (within the meaning of that Act) being deposited on land between 1 January 1983 and 30 April 1995.\nenvironmental assessment, in relation to land, means an assessment of the existence or nature or extent of—\n\t(a)\tsite contamination (as defined in the Act) at the land; or\n\t(b)\tany other contamination of the land by chemical substances,\nand includes such an assessment in relation to water on or below the surface of the land;\npre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the Authority as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—\n\t(a)\tthe nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and\n\t(b)\tthe suitability of the land for a particular use; and\n\t(c)\twhat remediation is or remains necessary for a particular use,\nbut does not include a site contamination audit (as defined in the Act) completed on or after 1 July 2009;\npre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Environmental authorisations","content":"Part 3—Environmental authorisations\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"General provisions supporting Part 6 of Act","content":"Division 1—General provisions supporting Part 6 of Act\n15—Notice and submissions in respect of applications for environmental authorisations (section 39)\nFor the purposes of section 39(4) of the Act, notice is not required to be given to an owner or occupier of adjacent land in circumstances in which—\n\t(a)\tthe owner or occupier is the applicant; or\n\t(b)\tthe owner or occupier has previously received notice in relation to the same activity at the land albeit as part of a works approval application.\n16—Time limit for determination of applications (section 42)\nFor the purposes of section 42 of the Act, the prescribed period is—\n\t(a)\tin the case of an application that is required to be referred to the Water Resources Minister under Part 8 Division 1 of the Act—3 months; or\n\t(b)\tin the case of an application in respect of which public notice is not required under section 39 of the Act—1 month; or\n\t(c)\tin any other case—2 months unless the Authority determines that the application involves matters of special complexity or requires an extended period for consideration of submissions from interested persons, in which case, the period may be extended by the Authority to a period, not exceeding 4 months, determined by the Authority.\n17—Term and renewal of environmental authorisations (section 43)\nFor the purposes of section 43(3) of the Act, an application for renewal of an environmental authorisation must be made—\n\t(a)\tif the Authority has specified a number of days for that purpose by condition of the authorisation—not less than that number of days before the date of expiry of the authorisation; or\n\t(b)\tin any other case—not less than 60 days before the date of expiry of the authorisation.\n18—Conditions (section 45)\nFor the purposes of section 45(6) of the Act, the penalty for a failure by the holder of an environmental authorisation to comply with a reporting-deadline condition is—\n\t(a)\tin the case of an environmental authorisation granted for a term of 2 years or more—the higher of $300 or 5% of the holder's annual authorisation fee for each month (or part of a month) for which the default continues; or\n\t(b)\tin the case of an environmental authorisation granted for a term of less than 2 years—the higher of $300 or 5% of the holder's authorisation fee (paid on the grant of authorisation under section 40 of the Act) for each month (or part of a month) for which the default continues.\n19—Notice and submissions in respect of proposed variations of conditions (section 46)\nFor the purposes of section 46 of the Act, notice of a proposed variation of a condition of an environmental authorisation is not required to be given to an owner or occupier of adjacent land if—\n\t(a)\tthe owner or occupier is the holder of the environmental authorisation; or\n\t(b)\tthe proposed variation consists of the revocation of an obsolete condition of the environmental authorisation.\n20—Criteria for grant and conditions of environmental authorisations (section 47)\nFor the purposes of section 47(4) of the Act—\n\t(a)\tthe following South Australian Acts are prescribed:\n\t(i)\tAdelaide Dolphin Sanctuary Act 2005;\n\t(ii)\tAquaculture Act 2001;\n\t(iii)\tDevelopment Act 1993 (repealed);\n\t(iv)\tGreen Industries SA Act 2004;\n\t(v)\tLandscape South Australia Act 2019;\n\t(vi)\tMining Act 1971;\n\t(vii)\tNatural Resources Management Act 2004 (repealed);\n\t(viii)\tPetroleum and Geothermal Energy Act 2000;\n\t(ix)\tPlanning, Development and Infrastructure Act 2016;\n\t(x)\tProtection of Marine Waters (Prevention of Pollution from Ships) Act 1987;\n\t(xi)\tRadiation Protection and Control Act 1982 (repealed);\n\t(xii)\tRadiation Protection and Control Act 2021;\n\t(xiii)\tRiver Murray Act 2003;\n\t(xiv)\tWater Resources Act 1997 (repealed); and\n\t(b)\tthe following Acts of other States and Territories are prescribed:\n\t(i)\tEnvironmental Management and Pollution Control Act 1994 of Tasmania;\n\t(ii)\tEnvironment Protection Act 1970 (repealed) of Victoria;\n\t(iii)\tEnvironment Protection Act 1997 of the Australian Capital Territory;\n\t(iv)\tEnvironment Protection Act 2017 of Victoria;\n\t(v)\tEnvironmental Offences and Penalties Act 1989 (repealed) of New South Wales;\n\t(vi)\tEnvironmental Protection Act 1986 of Western Australia;\n\t(vii)\tEnvironmental Protection Act 1994 of Queensland;\n\t(viii)\tProtection of the Environment Operations Act 1997 of New South Wales;\n\t(ix)\tWaste Management and Pollution Control Act 1998 of the Northern Territory;\n\t(x)\tWestern Australian Marine (Sea Dumping) Act 1981 (repealed) of Western Australia; and\n\t(c)\tthe following Acts of the Commonwealth are prescribed:\n\t(i)\tEnvironment Protection and Biodiversity Conservation Act 1999;\n\t(ii)\tEnvironment Protection (Sea Dumping) Act 1981;\n\t(iii)\tHazardous Waste (Regulation of Exports and Imports) Act 1989;\n\t(iv)\tOzone Protection and Synthetic Greenhouse Gas Management Act 1989.\n21—Annual fees and returns (section 48)\n\t(1)\tFor the purposes of section 48(2)(a) of the Act, the date in each year before which the holder of an environmental authorisation must lodge an annual return with the Authority is—\n\t(a)\tif the Authority has fixed a date for that purpose by condition of the authorisation—that date; or\n\t(b)\tin any other case—no later than 90 days before the anniversary of the grant or renewal of the authorisation.\n\t(2)\tFor the purposes of section 48(2)(b) of the Act, the date in each year before which the holder of an environmental authorisation must pay the annual authorisation fee to the Authority is—\n\t(a)\tif a date is specified for the purpose in the authorisation—that date; or\n\t(b)\tin any other case—the date falling 1 month after each anniversary of the grant of the authorisation.\n\t(3)\tFor the purposes of section 48(4) of the Act, the penalty for—\n\t(a)\ta failure to lodge an annual return; or\n\t(b)\ta failure to pay an annual authorisation fee,\nis $300 or 5% of the annual authorisation fee (whichever is higher) for each month (or part of a month) for which the default continues.\n22—Transfer of environmental authorisations (section 49)\nFor the purposes of section 49(3) of the Act—\n\t(a)\tthe following South Australian Acts are prescribed:\n\t(i)\tAdelaide Dolphin Sanctuary Act 2005;\n\t(ii)\tAquaculture Act 2001;\n\t(iii)\tDevelopment Act 1993 (repealed);\n\t(iv)\tGreen Industries SA Act 2004;\n\t(v)\tLandscape South Australia Act 2019;\n\t(vi)\tMining Act 1971;\n\t(vii)\tNatural Resources Management Act 2004 (repealed);\n\t(viii)\tPetroleum and Geothermal Energy Act 2000;\n\t(ix)\tPlanning, Development and Infrastructure Act 2016;\n\t(x)\tProtection of Marine Waters (Prevention of Pollution from Ships) Act 1987;\n\t(xi)\tRadiation Protection and Control Act 1982 (repealed);\n\t(xii)\tRadiation Protection and Control Act 2021;\n\t(xiii)\tRiver Murray Act 2003;\n\t(xiv)\tWater Resources Act 1997 (repealed); and\n\t(b)\tthe following Acts of other States and Territories are prescribed:\n\t(i)\tEnvironmental Management and Pollution Control Act 1994 of Tasmania;\n\t(ii)\tEnvironment Protection Act 1970 (repealed) of Victoria;\n\t(iii)\tEnvironment Protection Act 1997 of the Australian Capital Territory;\n\t(iv)\tEnvironment Protection Act 2017 of Victoria;\n\t(v)\tEnvironmental Offences and Penalties Act 1989 (repealed) of New South Wales;\n\t(vi)\tEnvironmental Protection Act 1986 of Western Australia;\n\t(vii)\tEnvironmental Protection Act 1994 of Queensland;\n\t(viii)\tProtection of the Environment Operations Act 1997 of New South Wales;\n\t(ix)\tWaste Management and Pollution Control Act 1998 of the Northern Territory;\n\t(x)\tWestern Australian Marine (Sea Dumping) Act 1981 (repealed) of Western Australia; and\n\t(c)\tthe following Acts of the Commonwealth are prescribed:\n\t(i)\tEnvironment Protection and Biodiversity Conservation Act 1999;\n\t(ii)\tEnvironment Protection (Sea Dumping) Act 1981;\n\t(iii)\tHazardous Waste (Regulation of Exports and Imports) Act 1989;\n\t(iv)\tOzone Protection and Synthetic Greenhouse Gas Management Act 1989.\n23—Conditions requiring financial assurance (section 51)\nFor the purposes of section 51(5)(b) of the Act, the interest payable in respect of an amount representing a pecuniary sum or part of a pecuniary sum that is to be repaid to the holder of an environmental authorisation is to be calculated at a rate 1% less than the rate earned from investment of the Environment Protection Fund (or the relevant part of the Fund) during the period that the amount has been credited to the Fund.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Application and authorisation fees","content":"Division 2—Application and authorisation fees\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Works approvals","content":"Subdivision 1—Works approvals\n24—Works approvals—Application fee for grant, authorisation fee on grant or renewal and annual authorisation fee\n\t(1)\tThe application fee payable under section 38(1) of the Act for a works approval is the sum of—\n\t(a)\ta lodgement fee of 10 fee units; and\n\t(b)\tan assessment fee of 20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the works approval (assuming the grant of a works approval on the basis of the application).\n\t(2)\tHowever, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding—\n\t(a)\tif the notice and other similar notices are to be published together by the Authority—5 fee units; or\n\t(b)\tin any other case—20 fee units.\n\t(3)\tThe application fee for the renewal of a works approval payable under section 43(2) of the Act is 10 fee units.\n\t(4)\tThe authorisation fee payable under section 40 or 43(5) of the Act, and the annual authorisation fee payable under section 48 of the Act, for a works approval is the number of fee units determined according to the estimated cost at the time of the grant of the works approval of the proposed works as follows:\n\nEstimated cost of proposed works\nUp to and including $10 000\nMore than $10 000 but not more than $50 000\nMore than $50 000 but not more than $500 000\nMore than $500 000 but not more than $5 million\nMore than $5 million but not more than $50 million\nMore than $50 million\n\t(5)\tIn this regulation, a reference to the estimated cost of proposed works is a reference to the amount estimated by the Authority to be the total cost of the works to which the approval relates excluding any part of the costs determined by the Authority to be attributable to—\n\t(a)\tthe purchase of land; or\n\t(b)\tbuilding or other work that will not contribute directly or substantially to the prescribed activity of environmental significance to which the application relates.\nAn annual authorisation fee is only payable for a works approval granted or renewed for a term of 2 or more years (see section 48 of the Act).\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Exemptions","content":"Subdivision 2—Exemptions\n25—Exemptions—Application fee for grant, authorisation fee for grant or renewal and annual authorisation fee\n\t(1)\tThe application fee for an exemption payable under section 38(1) of the Act is 43 fee units.\n\t(2)\tHowever, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding—\n\t(a)\tif the notice and other similar notices are to be published together by the Authority—5 fee units; or\n\t(b)\tin any other case—20 fee units.\n\t(3)\tThe application fee for the renewal of an exemption payable under section 43(2) of the Act is 10 fee units.\n\t(4)\tThe authorisation fee payable under section 40 or 43(5) of the Act, and the annual authorisation fee payable under section 48 of the Act, for an exemption will be at 1 of the following levels:\n\t(a)\t10 fee units;\n\t(b)\ta multiple of 10 fee units up to 100 units;\n\t(c)\t100 fee units;\n\t(d)\ta multiple of 100 fee units up to 2 500 units.\n\t(5)\tThe level of the authorisation fee and annual authorisation fee for an exemption is to be determined by the Authority at its discretion having regard to the following:\n\t(a)\tthe factors specified in section 25(2) of the Act;\n\t(b)\tany relevant environment protection policy;\n\t(c)\twhether the applicant will be bound by an environment improvement programme;\n\t(d)\tthe time of the day and the period for which the exemption will operate;\n\t(e)\tthe number of people affected by, or the extent of any other environmental impact of, the activity to which the exemption will relate;\n\t(f)\tany relevant matter arising under any of the following in relation to the location of the activity to which the exemption will relate:\n\t(i)\tthe Development Act 1993 or a Development Plan or development authorisation under that Act;\n\t(ii)\tthe Planning, Development and Infrastructure Act 2016, the Planning and Design Code or a development authorisation under that Act;\n\t(g)\tany other matter considered relevant by the Authority.\nAn annual authorisation fee is only payable for an exemption granted or renewed for a term of 2 or more years (see section 48 of the Act).\n","sortOrder":6},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Licences","content":"Subdivision 3—Licences\n26—Licences—Application fee for grant and authorisation fee for grant or renewal\n\t(1)\tThe application fee payable under section 38(1) of the Act for a licence is the sum of—\n\t(a)\ta lodgement fee of 10 fee units; and\n\t(b)\tan assessment fee of—\n\t(i)\tin the case of a licence to undertake a waste transport business (category A)—4 fee units; or\n\t(ii)\tin the case of a licence to undertake a waste transport business (category B)—2 fee units; or\n\t(iii)\tin the case of a licence to undertake dredging or earthworks drainage—34 fee units; or\n\t(iv)\tin any other case—20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the licence (assuming the grant of a licence on the basis of the application) minus the flat fee component.\n\t(2)\tAmounts determined under subregulation (1)(b)(iv) are not subject to adjustment under regulation 31.\n\t(3)\tHowever, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding—\n\t(a)\tif the notice and other similar notices are to be published together by the Authority—5 fee units; or\n\t(b)\tin any other case—20 fee units.\n\t(4)\tThe application fee for the renewal of a licence payable under section 43(2) of the Act is 10 fee units.\n\t(5)\tThe authorisation fee payable under section 40 of the Act for the grant of a licence is the amount determined by the Authority to be the applicant's projected annual authorisation fee, being the amount of the annual authorisation fee (excluding the resource efficiency component) that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the period to which the calculations relate.\n\t(6)\tThe authorisation fee payable under section 43(5) of the Act for renewal of a licence is the amount determined by the Authority to be the applicant's projected annual authorisation fee, being the amount of the annual authorisation fee that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the periods to which the calculations relate.\n\t(7)\tFor the purposes of determining the applicant's projected annual authorisation fee—\n\t(a)\ta reference in regulation 27 to an annual authorisation fee is to be read as if it were a reference to the projected annual authorisation fee; and\n\t(b)\tsubject to subregulation (8), a reference in these regulations to the current licence period is to be read as if it were a reference to the projected licence period; and\n\t(c)\ta reference in these regulations to activities authorised by the licence is to be read as if it were a reference to activities to be authorised by the licence.\n\t(8)\tIf the projected licence period is less than or more than 12 months—\n\t(a)\ta pro rata adjustment is to be made to the amount of the environment management component, and, in the case of renewal, the resource efficiency component, by applying the proportion that the length of the projected licence period bears to 12 months; and\n\t(b)\tthe pro rata adjustment is to be made on the basis of months, parts of a month being counted as a full month; and\n\t(c)\tfor the purposes of determining the environment management component, if the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during a period of 12 months rather than during the projected licence period.\nExamples—\n1\tIf the term of the licence is 3 months, the proportion that the length of the projected licence period bears to 12 months would be ¼.\n2\tIf the term of the licence is 3½ months, the proportion that the length of the projected licence period bears to 12 months would be ⅓.\nprojected licence period means—\n\t(a)\tin the case of a licence for which the holder is not liable to pay an annual authorisation fee under section 48 of the Act (by reason of the fact that the term of the licence is less than 2 years or that it is an environmental authorisation of a prescribed class)—the term of the licence; or\n\t(b)\tin the case of a licence for which the holder is liable to pay an annual authorisation fee under section 48 of the Act—the period between the grant or renewal of the licence and the commencement of the first licence period for which an annual authorisation fee will be payable.\n27—Licences—Annual authorisation fee\n\t(1)\tThe annual authorisation fee payable under section 48 of the Act for a licence is the sum of—\n\t(a)\tthe flat fee component of 1 fee unit; and\n\t(b)\tthe environment management component determined for the current licence period in accordance with regulation 28; and\n\t(c)\tthe resource efficiency component comprising—\n\t(i)\tif the pollutant threshold is exceeded for a designated air pollutant or a designated water pollutant in the reporting period immediately preceding the current licence period—the pollutant load‑based component for the pollutant determined in accordance with regulation 29; and\n\t(ii)\tif the low salinity water threshold is exceeded in the reporting period immediately preceding the current licence period—the water reuse component determined in accordance with regulation 30.\nAn annual authorisation fee is only payable for a licence granted or renewed for a term of 2 or more years (see section 48 of the Act).\n\t(2)\tThe pollutant threshold is exceeded in a reporting period—\n\t(a)\tfor a designated air pollutant if—\n\t(i)\tin the case of sulphur dioxide or nitrogen oxides—more than 10 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or\n\t(ii)\tin the case of particulates or volatile organic compounds—more than 1 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or\n\t(iii)\tin the case of lead—more than 100 kilograms of lead are emitted to air during the period from an assessable site specified in the licence; or\n\t(b)\tfor a designated water pollutant if—\n\t(i)\tin the case of heat—more than 10 megawatts of heat are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or\n\t(ii)\tin the case of suspended solids, nitrogen, phosphorus, organic matter or zinc—more than 1 000 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or\n\t(iii)\tin the case of copper or lead—more than 100 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or\n\t(iv)\tin the case of salt discharged in the course of a desalination plant—\n\t(A)\tmore than 75 000 tonnes of the salt are discharged to the marine environment during the period from an assessable site specified in the licence; or\n\t(B)\tany amount of the salt is discharged during the period from an assessable site specified in the licence to other waters of the State that have a background concentration of salt of 13 000 milligrams of total dissolved solids per L or less (when measured during the period by a method approved by the Authority),\nin each case, assessed in accordance with an approved estimation or monitoring technique for the activity that produces the pollutant.\n\t(3)\tThe low salinity water threshold is exceeded in a reporting period if 10 megalitres or more of water is discharged to the marine environment during that period (whether directly or indirectly through pipes or channels) from an assessable site specified in the licence and the average salinity of water so discharged is less than 1 500 milligrams of total dissolved solids per litre (assessed in accordance with an approved estimation or monitoring technique for the activity that produces the water).\n\t(4)\tThe pollutant threshold or low salinity water threshold is to be taken to have been exceeded in the reporting period immediately preceding the current licence period (the relevant reporting period) if—\n\t(a)\tthe Authority is satisfied that the threshold has been exceeded in the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or\n\t(b)\tthe Authority has not received information for the relevant reporting period or has not had an opportunity to determine whether it is satisfied as to the accuracy of information reported to the Authority for the relevant reporting period, but is satisfied that the threshold has been exceeded in the reporting period immediately preceding the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or\n\t(c)\tthe Authority is satisfied on the basis of its reasonable assumptions as to the nature and level of the activities authorised by the licence that the threshold would be exceeded if the activities were to be carried on over a 12 month period (whether or not they have in fact been carried on over such a period).\n\t(5)\tIf discharges of liquid pollutants from 2 or more activities authorised by separate licences (whether or not held by the same person) are mixed by use of the same pipe or channel or otherwise so as to constitute a single discharge to waters, the Authority is to—\n\t(a)\tdetermine the annual authorisation fee payable for the licence as if the discharge to waters were the result of activities authorised by a single licence; and\n\t(b)\tapportion the amount so determined between the separate licences concerned—\n\t(i)\ton such basis as may be nominated by the holder of the licences, or, if there is more than 1 holder, on such basis as may be agreed by the holders; or\n\t(ii)\tin the absence of such a nomination or agreement, on a basis determined by the Authority having regard to the respective environmental impacts of the discharges resulting from the activities authorised by the separate licences.\n28—Determining environment management component\n\t(1)\tThe environment management component is comprised of—\n\t(a)\ta separate amount payable for each assessable site specified in the licence as follows:\n\t(i)\tif the licence authorises only 1 prescribed activity of environmental significance to be carried on at the site during the licence period—the number of fee units specified in Schedule 2 Part 2 for the activity;\n\t(ii)\tif the licence authorises 2 or more prescribed activities of environmental significance to be carried on at the site during the licence period—the highest number of fee units specified in Schedule 2 Part 2 for any of the activities (or the higher number, in the case of only 2 such activities); and\n\t(b)\tif the licence authorises a waste transport business—the number of fee units determined as follows:\n\t(i)\tthe number of fee units specified in Schedule 2 Part 2 for the activity for each vehicle that is an assessable vehicle during the licence period adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, by applying the proportion that the number of months during the licence period for which the vehicle is an assessable vehicle bears to 12 months;\n\t(ii)\tfor the purposes of the adjustment, part of a month is to be counted as a full month;\n\t(iii)\tif the same vehicle is an assessable vehicle for the purposes of both a waste transport business (category A) and a waste transport business (category B) and a different number of fee units is specified in Schedule 2 Part 2 for the vehicle in those different businesses—the number of fee units for the vehicle is the higher number of fee units so specified adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, as set out in subparagraphs (i) and (ii); and\n\t(c)\tif the licence authorises dredging—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period; and\n\t(d)\tif the licence authorises earthworks drainage—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period.\n\t(2)\tIf the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during the licence period.\n\t(3)\tAmounts determined under this regulation are subject to any necessary adjustment under regulation 31 after the end of the licence period.\n29—Determining pollutant load‑based component\n\t(1)\tThe pollutant load‑based component is comprised of a separate amount payable for each assessable site specified in the licence.\n\t(2)\tThe amount payable for an assessable site is the sum of—\n\t(a)\tthe fee units for each designated air pollutant emitted to air from the site in the course of a prescribed activity of environmental significance during the designated reporting period determined in accordance with subregulation (3); and\n\t(b)\tthe fee units for each designated water pollutant—\n\t(i)\tin the case of a designated water pollutant discharged to waters (including underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of a desalination plant during the designated reporting period—determined in accordance with subregulation (4); or\n\t(ii)\tin the case of a designated water pollutant discharged to waters (other than underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of any other prescribed activity of environmental significance during the designated reporting period—determined in accordance with subregulation (5).\n\t(3)\tThe number of fee units for a designated air pollutant is to be determined in accordance with the following formula:\n\nDAP is the number of fee units for the designated air pollutant\nT is the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant emitted to air during the reporting period, assessed—\n\t(a)\tin accordance with an approved estimation or monitoring technique for the activity that resulted in the emission; or\n\t(b)\tif the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities\nN is the number of fee units for the pollutant specified in Table 1\nZ is the zone weighting determined in accordance with Table 1 by reference to the pollutant and the location of the assessable site from which the pollutant is emitted (and if the site is located in 2 areas listed in the table, the higher zone weighting applies).\n\nTable 1—Fee units and zone weightings for designated air pollutants\nLocation of assessable site\nsulphur dioxide\nAll areas\nnitrogen oxides\nAdelaide airshed\n\nparticulates\nMount Gambier airshed\n\nIn the case of red dust particulates—Whyalla airshed\n\nvolatile organic compounds\nAdelaide airshed\n1.5\n\nAreas outside the Adelaide airshed that are within a council area\n\n0.5\nlead\nPort Pirie airshed\n\n\t(4)\tThe number of fee units for a designated water pollutant discharged to waters in the course of a desalination plant is to be determined in accordance with the following formula:\n\nDWP is the number of fee units for the designated water pollutant\nT is—\n\t(a)\tin the case of a designated water pollutant other than heat—\n\t(i)\tthe weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant discharged to waters during the reporting period; or\n\t(ii)\tif the licensee satisfies the Authority that the pollutant has been discharged back into the same waters from which it was taken—the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant so discharged during the reporting period (calculated by subtracting the background concentration of the pollutant in the receiving waters from the concentration of the pollutant in the wastewater conveying the pollutant, in each case measured in grams per L, and multiplying that result by the total number of megalitres of the wastewater discharged to the waters during the reporting period); or\n\t(b)\tin the case of heat—the number of megawatts (rounded to the nearest megawatt) of the heat discharged to waters during the reporting period,\nassessed—\n\t(c)\tin accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or\n\t(d)\tif the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities\nN is the number of fee units for the pollutant specified in Table 2\nZ is the zone weighting determined in accordance with Table 2 by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).\n\nTable 2—Fee units and zone weightings for designated water pollutants—desalination plants\nLocation of waters\nsalt\n0.00177\nMarine environment\n\nheat\nAll waters of the State\nsuspended solids\nMetropolitan coastal waters\n\nnitrogen\nPort River region or Metropolitan coastal waters\n\nphosphorus\nPort River region\n\norganic matter\nLake Bonney (South East)\n\nzinc\n\ncopper, lead\n\n\t(5)\tThe number of fee units for a designated water pollutant (other than when discharged to waters in the course of a desalination plant) is to be determined in accordance with the following formula:\n\nDWP is the number of fee units for the designated water pollutant\nT is—\n\t(a)\tthe weight (in tonnes rounded to the nearest 0.1 tonne); or\n\t(b)\tin the case of heat—the number of megawatts (rounded to the nearest megawatt),\nof the pollutant discharged to waters during the reporting period, assessed—\n\t(c)\tin accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or\n\t(d)\tif the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities\nN is the number of fee units for the pollutant specified in Table 3\nZ is the zone weighting determined in accordance with Table 3 by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).\n\nTable 3—Fee units and zone weightings for designated water pollutants—activities other than desalination plants\nLocation of waters\nheat\nAll waters of the State\nsuspended solids\nMetropolitan coastal waters\n\nnitrogen\nPort River region or Metropolitan coastal waters\n\nphosphorus\nPort River region\n\norganic matter\nLake Bonney (South East)\n\nzinc\n\ncopper, lead\n\n\t(6)\tIf the pollutant threshold is taken to be exceeded under regulation 27(4)(b) or regulation 27(4)(c), the pollutant load‑based component is subject to any necessary adjustment under regulation 31 after the end of the licence period.\n\t(7)\tIn this regulation—\ndesignated reporting period means—\n\t(a)\tif the pollutant threshold is taken to be exceeded under regulation 27(4)(a)—the reporting period immediately preceding the current licence period; or\n\t(b)\tif the pollutant threshold is taken to be exceeded under regulation 27(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a); or\n\t(c)\tif the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—a hypothetical reporting period of 12 months.\n\t(8)\tFor the purposes of subregulation (4), a designated water pollutant will be taken to have been discharged back into the same waters from which it was taken if the pollutant was—\n\t(a)\ttaken from the marine environment and discharged back into the marine environment; or\n\t(b)\ttaken from an aquifer and discharged back into the same aquifer; or\n\t(c)\ttaken from a watercourse and discharged back into the same watercourse; or\n\t(d)\ttaken from some other body of waters and discharged back into the same body of waters.\n30—Determining water reuse component\n\t(1)\tThe water reuse component is comprised of a separate amount payable for each assessable site specified in the licence.\n\t(2)\tThe water reuse component is 1 fee unit for each megalitre (rounded to the nearest megalitre) of wastewater discharged to the marine environment (whether directly or indirectly through pipes or channels) in the course of a prescribed activity of environmental significance during the designated reporting period—\n\t(a)\tmeasured in accordance with an approved estimation or monitoring technique for the activity; or\n\t(b)\tif the low salinity water threshold is taken to be exceeded under regulation 27(4)(c)—estimated by the Authority on the basis of its reasonable assumptions as to the nature and level of the licensee's activities.\n\t(3)\tIf the low salinity water threshold is taken to be exceeded under regulation 27(4)(b) or regulation 27(4)(c), the water reuse component is subject to any necessary adjustment under regulation 31 after the end of the licence period.\n\t(4)\tIn this regulation—\ndesignated reporting period means—\n\t(a)\tif the low salinity water threshold is taken to be exceeded under regulation 27(4)(a)—the reporting period immediately preceding the current licence period; or\n\t(b)\tif the low salinity water threshold is taken to be exceeded under regulation 27(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a); or\n\t(c)\tif the low salinity water threshold is taken to be exceeded under regulation 27(4)(c)—a hypothetical reporting period of 12 months.\n31—Adjustment of annual authorisation fee or projected annual authorisation fee after end of licence period or projected licence period\n\t(1)\tIf the Authority is satisfied after the end of a licence period that the annual authorisation fee determined for the period (as based on estimates made by the Authority under this Division) was an amount less than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority may, by notice in writing to the holder of the licence or by conditions of the licence, require the holder of the licence to pay to the Authority, within a specified period, the amount determined by the Authority to represent the difference between those 2 amounts.\nIf no resource efficiency component was payable because the pollutant threshold or low salinity water threshold was determined in accordance with regulation 27(4)(b) or (c) as not having been exceeded but information subsequently reported to the Authority shows that the threshold would have been exceeded under regulation 27(4)(a) if that information had then been available and the Authority had been satisfied as to its accuracy, this subregulation will apply and a resource efficiency component will become payable.\n\t(2)\tIf the holder of a licence satisfies the Authority (by such evidence as the Authority may require) after the end of a licence period that the annual authorisation fee paid for the period (as based on estimates made by the Authority under this Division) was more than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority must refund to the holder of the licence the amount determined by the Authority to represent the difference between those 2 amounts.\nannual authorisation fee includes a projected annual authorisation fee under regulation 26;\nlicence period includes a projected licence period under regulation 26.\n32—Cessation of activity\nDespite regulation 27, the following provisions apply in the case of the cessation of a prescribed activity of environmental significance carried on pursuant to a licence:\n\t(a)\tif—\n\t(i)\tthe licence has been renewed under section 43(6) of the Act or is subject to conditions under section 52A or 56(2)(b) of the Act; and\n\t(ii)\tthe activity ceased before the commencement of the current licence period,\nno environment management component or flat fee component is payable for that period;\n\t(b)\tin the case of an activity for which the amount of the environment management component does not depend on an indicator of the level of activity during the licence period—\n\t(i)\tif the licence is subject to conditions under section 52A or 56(2)(b) of the Act and the holder of the licence satisfies the Authority that the activity is to cease during the current licence period, a pro rata adjustment is to be made to the amount of the environment management component for that period by applying the proportion that the number of months in that period before the activity is to cease bears to 12 months; and\n\t(ii)\tif conditions are imposed on the licence under section 52A or 56(2)(b) of the Act during the current licence period and the activity ceases during that period, the Authority must, no later than the end of that period, refund to the holder of the licence a proportion of the environment management component for that period, being the proportion that the number of months remaining in that period after the cessation of the activity or the imposition of the conditions (whichever is the later) bears to 12 months; and\n\t(iii)\tfor the purposes of this paragraph, a part of a month is to be counted as a full month.\n","sortOrder":7},{"sectionNumber":"Div 3","sectionType":"division","heading":"Discounts and other benefits for accredited licensees","content":"Division 3—Discounts and other benefits for accredited licensees\n33—Benefits of accreditation\nAn accredited licensee is entitled to—\n\t(a)\ta 50% reduction in the environment management component of—\n\t(i)\tthe authorisation fee otherwise payable under section 40 or 43 of the Act in relation to the accredited activity; or\n\t(ii)\tthe annual authorisation fee otherwise payable under section 48 of the Act in relation to the accredited activity; and\n\t(b)\tany other variations to the licence conditions favourable to the licensee considered appropriate by the Authority.\n34—Accredited licences\n\t(1)\tA licensee may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance carried on at premises occupied by the licensee.\n\t(2)\tAn application for accreditation must be made in a manner and form approved by the Authority and accompanied by any information required by the Authority.\n\t(3)\tSubject to this regulation, the Authority may grant accreditation if satisfied that—\n\t(a)\tthe activity is being carried on at the premises to a high level of environmental performance; and\n\t(b)\tthat performance can be maintained for the duration of the term of the licence.\n\t(4)\tIn determining the level of environmental performance for the purposes of subregulation (3), the Authority may take into consideration the following:\n\t(a)\tthe licensee's record of compliance with the Act and statutory instruments under the Act;\n\t(b)\twhether the licensee has an environment improvement programme in place in respect of the activity;\n\t(c)\tany other matter it considers relevant.\n\t(5)\tThe Authority must not grant accreditation unless satisfied that the licensee has in place in respect of the activity the following:\n\t(a)\tan environment management system approved by the Authority;\n\t(b)\tan environmental audit and compliance program approved by the Authority.\n\t(6)\tThe Authority must, within 14 days of granting an application for accreditation, publish a notice in the Gazette specifying the name of the accredited licensee, the premises at which the accredited activity is carried on and the nature of that activity.\n\t(7)\tAn accreditation may, with the approval of the Authority, be transferred simultaneously with the transfer of a licence under section 49 of the Act.\n35—Performance reports\n\t(1)\tAn accredited licensee must submit a performance report to the Authority within 60 days after the end of each financial year or such further period as the Authority may approve containing details of environmental performance at the premises at which the accredited activity is carried on during the financial year.\n\t(2)\tA performance report must—\n\t(a)\tbe prepared in a form approved by the Authority; and\n\t(b)\tcontain information or details required by the Authority; and\n\t(c)\tbe authorised by the licensee.\n36—Review of accreditation\n\t(1)\tThe Authority may, at any time, review the accreditation of an accredited licensee.\n\t(2)\tThe Authority must give the licensee notice of its intention to conduct a review under this regulation.\n\t(3)\tThe Authority may cancel an accreditation if of the opinion that—\n\t(a)\tthe accredited activity is no longer being carried on at the premises to a high level of environmental performance; or\n\t(b)\tthe licensee has contravened the Act or a statutory instrument under the Act; or\n\t(c)\tthe licensee no longer has in place or is implementing in respect of the accredited activity—\n\t(i)\tan environment management system approved by the Authority; or\n\t(ii)\tan environment improvement programme approved by the Authority; or\n\t(iii)\tan environmental audit and compliance program approved by the Authority.\n\t(4)\tIf a licensee's accreditation is cancelled, the licensee must pay to the Authority an amount equal to the licence fee reduction resulting from the accreditation multiplied by the proportion that the number of days in the remainder of the current licence period bears to the number of days in the licence period.\n","sortOrder":8},{"sectionNumber":"Div 4","sectionType":"division","heading":"Miscellaneous fees relating to environmental authorisations","content":"Division 4—Miscellaneous fees relating to environmental authorisations\n37—Late application for renewal (section 43(4))\nFor the purposes of section 43(4) of the Act, the fee for late application for renewal of an environmental authorisation is $300 or 5% of the authorisation fee (whichever is higher) payable on renewal for each month (or part of a month) for which the application is late.\n38—Renewal without application (section 43(6))\nIf an environmental authorisation under which activities continue to be undertaken is renewed under section 43(6) of the Act (without application), the holder of the authorisation must pay the Authority the authorisation fee that would have been payable under section 43(5) of the Act had the authorisation been renewed on application.\n39—Conditions requiring approval of certain works and processes (section 54C)\n\t(1)\tThe prescribed fee payable for an application for an approval required by conditions of an environmental authorisation imposed under section 54C(2) of the Act 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 authorisation (works); or\n\t(b)\ta change in process undertaken under the authorisation,\nis the number of fee units determined according to the cost of the works or change in process estimated by the Authority as follows:\n\nEstimated cost of works or change in process\nUp to and including $10 000\nMore than $10 000 but not more than $50 000\nMore than $50 000 but not more than $500 000\nMore than $500 000 but not more than $5 million\nMore than $5 million but not more than $50 million\nMore than $50 million\n\t(2)\tIf the application relates to both works and a change in process, the prescribed fee payable for the application will be determined as if separate applications had been made, 1 in relation to the works and the other in relation to the change in process.\n\t(3)\tIn this regulation, a reference to the estimated cost of works is a reference to the amount estimated to be the total cost of the works to which the application relates excluding any part of the costs determined by the Authority to be attributable to—\n\t(a)\tthe purchase of land; or\n\t(b)\tbuilding or other work that will not contribute directly or substantially to the prescribed activity of environmental significance to which the application relates.\n","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Beverage containers","content":"Part 4—Beverage containers\n40—Beverage (section 65)\nThe following liquids are excluded from the ambit of the definition of beverage in section 65 of the Act:\n\t(a)\tconcentrated fruit or vegetable juice, or concentrated fruit and vegetable juice, intended to be diluted before consumption;\n\t(b)\ta health tonic that is—\n\t(i)\tincluded on the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 of the Commonwealth; and\n\t(ii)\tsupplied with a label or other accompanying document specifying—\n\t(A)\tthat the tonic is for medicinal purposes; and\n\t(B)\ta recommended maximum dosage; and\n\t(c)\ta cordial comprised of a concentrated syrup that—\n\t(i)\tcontains the following ingredients (whether or not it also contains other ingredients):\n\t(A)\twater;\n\t(B)\ta sweetener (whether natural or artificial);\n\t(C)\tcolouring or flavouring, or both (whether natural or artificial); and\n\t(ii)\tis intended to be diluted before consumption.\n41—Collection depot (section 65)\nFor the purposes of the definition of collection depot in section 65 of the Act, a reverse vending machine is a facility of a prescribed kind.\n42—Refund amount (section 65)\nFor the purposes of the definition of refund amount in section 65 of the Act, the following refund amounts are prescribed:\n\t(a)\tfor category A containers—$0.10;\n\t(b)\tfor category B containers—$0.10.\n43—Exemption of certain containers by regulation (section 67)\n\t(1)\tPursuant to section 67 of the Act, the following classes of containers are exempt from the application of Part 8 Division 2 of the Act:\n\t(a)\tcontainers used for the purpose of containing milk or milk substitute (other than flavoured milk or flavoured milk substitute);\n\t(b)\tcontainers used for the purpose of containing 1 litre or more of flavoured milk or flavoured milk substitute;\n\t(c)\tcontainers used for the purpose of containing 1 litre or more of pure juice (comprising at least 90% fruit juice or vegetable juice or a mixture of fruit and vegetable juices);\n\t(d)\tcontainers used for the purpose of containing more than 3 litres of beverage;\n\t(e)\tcontainers constructed of cardboard and plastic, cardboard and foil, or cardboard, plastic and foil (commonly known as casks or aseptic packs) used for the purpose of containing 1 litre or more of wine, wine‑based beverage or water (including mineral or spring water);\n\t(f)\tcontainers constructed of plastic or foil or plastic and foil (commonly known as sachets) used for the purpose of containing 250 millilitres or more of wine.\nflavoured milk means milk to which flavouring has been added;\nflavoured milk substitute means milk substitute to which flavouring has been added and which is marketed as a flavoured product;\nmilk means cow's milk or the milk of any other animal and, without limiting that meaning, includes milk that is 1 or more of the following:\n\t(a)\tultra heat treated or reconstituted milk;\n\t(b)\treduced fat milk;\n\t(c)\tmilk with added protein, milk fat, calcium, vitamins, minerals or other supplements;\nmilk substitute means a liquid substitute for milk derived from a plant or part of a plant and, without limiting that meaning, includes milk substitute that is 1 or more of the following:\n\t(a)\tultra heat treated or reconstituted milk substitute;\n\t(b)\treduced fat milk substitute;\n\t(c)\tmilk substitute with added protein, fat, calcium, vitamins, minerals or other supplements;\nwine-based beverage means a pre‑mixed beverage that contains—\n\t(a)\twine and another beverage that is not a grape product; and\n\t(b)\tless than 10% alcohol by volume at 20° Celsius.\n44—Annual returns for collection depots and super collectors (section 69A)\n\t(1)\tFor the purposes of section 69A(1) of the Act, the date before which the holder of an approval to operate a collection depot or carry on business as a super collector must lodge an annual return with the Authority, or pay the annual fee to the Authority, is, unless some other date is fixed by the Authority by condition of the approval, 30 September in each year.\n\t(2)\tFor the purposes of section 69A(2) of the Act, the penalty for failure to lodge an annual return or pay the annual fee is $300 or 5% of the annual fee (whichever is higher) for each month (or part of a month) for which the default continues.\nIf there has been a failure to lodge an annual return and pay the annual fee, the penalty for default is payable in respect of each failure.\n45—Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction (section 69C)\nFor the purposes of section 69C(2) of the Act, a declaration to be completed by a person presenting containers must include the following:\n\t(a)\tthe full name and address of the person;\n\t(b)\tproof of identity of the person in the form of—\n\t(i)\tthe person's driver's licence number; or\n\t(ii)\tif the person is unable to produce the person's driver's licence—a passport, credit or debit card, concession card, gas, electricity or telephone account or similar document or card that has been issued to the person;\n\t(c)\tif the person has delivered the containers by vehicle—the registration number of the vehicle and the State or Territory of registration;\n\t(d)\tthe signature of the person.\n46—Certain containers prohibited (section 72)\nFor the purposes of paragraph (b) of the definition of prohibited container in section 72(1) of the Act, a sealed glass container (commonly known as a plasti‑shield container) that—\n\t(a)\tis designed to contain more than 500 millilitres of beverage; and\n\t(b)\tis not designed to be refilled; and\n\t(c)\tis covered on the outside with a plastic sheath or coating,\nis a sealed glass container of a prescribed kind.\n","sortOrder":10},{"sectionNumber":"Part 5","sectionType":"part","heading":"Site contamination","content":"Part 5—Site contamination\nDivision 1—General provisions supporting Part 10A of Act\n47—Occupier (section 103A)\n\t(1)\tFor the purposes of the definition of occupier in section 103A of the Act, a person is to be taken to be an occupier of land if the person owns, or has operational control of, a tank or pipeline, or any works or structure, that—\n\t(a)\tis installed on or traverses the land, whether below or above the ground; and\n\t(b)\tis used to store or convey chemical substances or for some process employing chemical substances.\n\t(2)\tFor the purposes of subregulation (1), a person has operational control over a tank, pipeline, works or a structure if the person has the authority to introduce and implement environmental or health and safety policies or any other operating policies for the tank, pipeline, works or structure.\n48—Potentially contaminating activities (sections 103C and 103H)\n\t(1)\tFor the purposes of sections 103C and 103H of the Act, the following activities are prescribed as potentially contaminating activities:\n\t(a)\tan activity of a kind set out in Schedule 3 clause 2, undertaken in the course of a business;\n\t(b)\tany other activity (other than an activity of a kind excluded under Schedule 3 clause 2 from the ambit of potentially contaminating activities) undertaken in the course of a business involving—\n\t(i)\tthe manufacture, production (including as a by‑product or waste) or recycling of a listed substance or a product containing a listed substance; or\n\t(ii)\tthe storage at a discrete premises of the business of—\n\t(A)\t500 litres or more of a liquid listed substance; or\n\t(B)\t500 kilograms or more of a listed substance other than a liquid;\n\t(c)\ta domestic activity of a kind set out in Schedule 3 clause 3.\n\t(2)\tHowever—\n\t(a)\tthe Authority may determine that an activity of a kind referred to in subregulation (1)(a) is not a potentially contaminating activity if the Authority is satisfied that the activity has been carried on in such a manner or on such a scale as to present a negligible risk of site contamination; and\n\t(b)\tthe Authority may determine that an activity of a kind referred to in subregulation (1)(b) is not a potentially contaminating activity if the Authority is satisfied that the relevant listed substance has, at all times while at the premises of the business, been contained or incorporated in a product (other than a product that itself is or comprises a listed substance) or container—\n\t(i)\tin insignificant concentrations; or\n\t(ii)\tin such a way as to present a negligible risk of escape of the substance to the environment.\n\t(3)\tFor the purposes of this regulation, a reference to a discrete premises of a business is, in the case of activities authorised by a licence—\n\t(a)\ta reference to each location specified in the licence at which activities authorised by the licence may be undertaken; or\n\t(b)\tif various places are specified in the licence as a single location at which activities authorised by the licence may be undertaken—a reference to the various places taken together.\n\t(4)\tTo avoid doubt, an activity of a kind referred to in subregulation (1)(a) or (b) is not precluded from being undertaken in the course of a business merely because it is undertaken for the purposes of research.\n\t(5)\tIn this regulation—\nrecycling includes reprocessing, recovery and purification.\n49—Causing site contamination (section 103D)\n\t(1)\tSubject to this regulation, the commencement or revival of a particular use of a site is a prescribed change of use for the purposes of section 103D(2) of the Act if—\n\t(a)\tthe use supersedes a previous use of the site; or\n\t(b)\tthe commencement of the use or the revival of the use follows upon a period of non-use; or\n\t(c)\tthe use is additional to a previously established use of the site which continues despite the commencement of the new use.\n\t(2)\tThe revival of a use of a site after a period of discontinuance will be regarded as the continuation of an existing use unless—\n\t(a)\tthe period intervening between the discontinuance and revival of the use exceeds two years; or\n\t(b)\tduring the whole or a part of the period intervening between its discontinuance and revival, the use was superseded by some other use.\n50—Liability for property damage etc caused by person entering land—exemptions (section 103M)\n\t(1)\tA person is exempt from the application of section 103M(2) of the Act if the person enters or does anything on land on behalf of the occupier of the land in order to carry out—\n\t(a)\tthe requirements of a site contamination assessment order or site remediation order that has been issued to the occupier; or\n\t(b)\ta voluntary site contamination assessment proposal or voluntary site remediation proposal that has been approved by the Authority on the application of the occupier.\n\t(2)\tA person is exempt from the application of section 103M(3) of the Act if the person enters or does anything on land on behalf of the owner of the land in order to carry out—\n\t(a)\tthe requirements of a site contamination assessment order or site remediation order that has been issued to the owner; or\n\t(b)\ta voluntary site contamination assessment proposal or voluntary site remediation proposal that has been approved by the Authority on the application of the owner.\nDivision 2—Site contamination auditors\nSubdivision 1—Accreditation\n51—Eligibility for accreditation\n\t(1)\tA person is eligible for accreditation as a site contamination auditor if the person—\n\t(a)\thas the qualifications, experience, knowledge, understanding and ability set out in subregulation (2); and\n\t(b)\tis a fit and proper person to be accredited.\n\t(2)\tAn applicant for accreditation must—\n\t(a)\thave a tertiary qualification approved by the Authority in a relevant discipline; and\n\t(b)\thave a total of at least 8 years of experience in the assessment and remediation of site contamination; and\n\t(c)\thave knowledge and understanding at a level satisfactory to the Authority of—\n\t(i)\tthe provisions of the Act and these regulations relating to site contamination assessment, remediation, audits and auditors; and\n\t(ii)\tcodes of practice, guidelines and standards prepared or approved by the Authority that apply to site contamination assessment, remediation, audits and auditors; and\n\t(iii)\tthe field of site contamination assessment and remediation; and\n\t(d)\thave a demonstrated ability to put the knowledge and understanding referred to in paragraph (c) into practice, to a degree satisfactory to the Authority.\n\t(3)\tFor the purposes of determining whether a person is eligible for accreditation under subregulation (1), the Authority may, without limitation, take into account the following:\n\t(a)\tany recommendations made in relation to the person by an accreditation committee;\n\t(b)\tany offence committed by the person against the Act, these regulations or legislation similar to these regulations in force in another State or a Territory of the Commonwealth;\n\t(c)\tany offence punishable by imprisonment committed by the person;\n\t(d)\tthe cancellation or suspension of accreditation or similar authority held by the person, or the disqualification of the person from practising as a site contamination auditor, under these regulations or under legislation similar to these regulations in force in another State or a Territory of the Commonwealth;\n\t(e)\twhether, during the period of 10 years preceding the application for accreditation, the person has been an undischarged bankrupt or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors.\n52—Application for accreditation\n\t(1)\tAn application for accreditation must—\n\t(a)\tbe made to the Authority in the manner and form approved by the Authority; and\n\t(b)\tbe signed by the applicant and completed in accordance with the instructions contained in the form; and\n\t(c)\tsubject to subregulation (2), be accompanied by the fee for an application for accreditation as set out in Schedule 4.\n\t(2)\tThe application fee referred to in subregulation (1)(c) is not payable in respect of a person entitled under the Mutual Recognition Act 1992 of the Commonwealth, as adopted by the Mutual Recognition (South Australia) Act 1993, to be registered (as defined in that Commonwealth Act) in this State as a site contamination auditor.\n\t(3)\tAn applicant for accreditation must—\n\t(a)\tconsent to the conduct by the Authority of inquiries relating to any accreditation or similar authority held at any time by the person under these regulations or under legislation similar to these regulations in force in another State or Territory of the Commonwealth; and\n\t(b)\tprovide the Authority with any information required by the Authority (verified, if the Authority so requires, by statutory declaration) for the purposes of determining the application including (without limitation) criminal record checks relating to the applicant; and\n\t(c)\tsupply the Authority with 1 or more digital photographs of the applicant as specified by the Authority.\n\t(4)\tThe Authority may, on receipt of an application for accreditation under this regulation, refer the application to an accreditation committee and request the committee's written recommendations in relation to the application within a period specified in the notice (being not less than 14 days after referral of the application to the committee).\n53—Grant of accreditation\n\t(1)\tThe Authority may refuse an application for accreditation if—\n\t(a)\tthe person has not made due application for accreditation under this Division; or\n\t(b)\tthe applicant has not complied with a requirement of this Part or a requirement of the Authority made in connection with the application; or\n\t(c)\tthe Authority is not satisfied that the applicant is eligible for accreditation.\n\t(2)\tThe Authority is not required, if it has assessed a person's qualifications, experience, knowledge, understanding or ability to be appropriate for accreditation, to assess the person's qualifications, experience, knowledge, understanding or ability again on a subsequent application by the person for accreditation (or renewal of accreditation).\n\t(3)\tThe Authority may decline to grant accreditation unless or until the fee for the grant of accreditation as set out in Schedule 4 is paid.\n54—Conditions of accreditation\n\t(1)\tThe Authority may impose—\n\t(a)\ta condition requiring the person to undertake ongoing professional development; and\n\t(b)\tany other conditions the Authority thinks fit.\n\t(2)\tWithout limiting the effect of subregulation (1), the Authority must make it a condition of every accreditation that—\n\t(a)\tthe holder of the accreditation will, when acting as a site contamination auditor, act diligently, impartially and conscientiously; and\n\t(b)\tthe holder of the accreditation will maintain arrangements enabling the holder to have access, from time to time as necessary in the course of carrying out site contamination audits, to a team of persons, constituted in a manner approved by the Authority, to provide technical expertise in fields outside the holder's personal expertise; and\n\t(c)\tthe holder of the accreditation will not, when acting as a site contamination auditor, fail to comply with any guidelines issued from time to time by the Authority (insofar as they may be relevant in the circumstances of any particular case); and\n\t(d)\tthe holder of the accreditation will hold or be covered by a professional indemnity insurance policy approved by the Authority; and\n\t(e)\tthe holder of the accreditation will have an identity card issued by the Authority available for inspection at all times when present as a site contamination auditor at a site the subject of site contamination assessment or remediation; and\n\t(f)\tif the holder of the accreditation is charged with or convicted of—\n\t(i)\tan offence against the Act, this Part or legislation similar to this Part in force in another State or a Territory of the Commonwealth; or\n\t(ii)\tan offence punishable by imprisonment,\nthe person will, within 14 days, give written notice of the charge or conviction to the Authority containing details of the offence; and\n\t(g)\tif the holder of the accreditation—\n\t(i)\tis dismissed from employment in response to allegations of misconduct; or\n\t(ii)\tresigns from employment following allegations of misconduct,\nthe person will, within 14 days, give written notice of that fact to the Authority.\n\t(3)\tThe Authority may, by written notice, vary or revoke a condition, or impose a condition, of a person's accreditation as a site contamination auditor.\n\t(4)\tA condition may only be imposed or varied—\n\t(a)\ton application by the site contamination auditor or with the auditor's agreement; or\n\t(b)\tafter giving the site contamination auditor reasonable notice of the proposed condition or variation and allowing the auditor at least 14 days within which to make submissions to the Authority in relation to the proposed condition or variation.\n55—Offence to contravene certain conditions of accreditation\nIf a site contamination auditor contravenes a condition of the person's accreditation that requires the Authority to be notified of a matter or imposes a restriction on the work undertaken by the person, the person is guilty of an offence.\n56—Annual fee\n\t(1)\tA site contamination auditor must, on or before the date falling 1 month after each anniversary of the grant of accreditation (other than in a year in which the accreditation is due to expire), pay to the Authority the annual fee for accreditation as set out in Schedule 4.\n\t(2)\tIf an accredited site contamination auditor fails to pay a fee in accordance with this regulation, the Authority may, by written notice, require the auditor to make good the default and, in addition, to pay to the Authority as a penalty for default $20 plus 1% of the annual accreditation fee for the first month (or part of a month) for which the default continues and 2% of the annual fee for accreditation for each further month (or part of a month) for which the default continues.\n57—Term and renewal of accreditation\n\t(1)\tSubject to this Part, accreditation remains in force for a term not exceeding 5 years determined by the Authority and specified in the accreditation on its grant or renewal.\n\t(2)\tAn application for renewal of accreditation must—\n\t(a)\tbe made not less than 90 days before the expiry of the accreditation; and\n\t(b)\tbe made to the Authority in the manner and form approved by the Authority; and\n\t(c)\tbe signed by the applicant and completed in accordance with the instructions contained in the form; and\n\t(d)\tbe accompanied by the fee for renewal of accreditation as set out in Schedule 4.\n\t(3)\tThe Authority may, at the Authority's discretion, determine a late application for renewal provided that the applicant pays, in addition to the fee for renewal of accreditation, a late fee comprised of $20 plus 1% of the fee for renewal of accreditation for the first month (or part of a month) for which the application is late and 2% of the fee for renewal of accreditation for each further month (or part of a month) for which the application is late.\n\t(4)\tThe Authority may, on receipt of an application for renewal under this Division—\n\t(a)\trefer the application to an accreditation committee and request the committee's written recommendations in relation to the application within a period specified in the notice (being not less than 14 days after referral of the application to the committee); and\n\t(b)\trequire the applicant to provide any information required by the Authority (verified, if the Authority so requires, by statutory declaration) for the purposes of determining the application including (without limitation) criminal record checks relating to the applicant; and\n\t(c)\trefuse to renew the applicant's accreditation on any ground on which an application for accreditation may be refused under regulation 53 or on which accreditation may be cancelled under regulation 58.\n58—Disciplinary action against site contamination auditors and voluntary suspension\n\t(1)\tThe Authority may, if satisfied that there is cause for disciplinary action against a site contamination auditor, do 1 or more of the following:\n\t(a)\tsuspend any accreditation held by the person;\n\t(b)\tcancel any accreditation held by the person;\n\t(c)\tdisqualify the person from obtaining accreditation.\n\t(2)\tThere is cause for disciplinary action against a site contamination auditor if the Authority is satisfied that—\n\t(a)\tthe person—\n\t(i)\tobtained accreditation improperly; or\n\t(ii)\thas contravened the Act or this Part; or\n\t(iii)\thas contravened a condition of accreditation; or\n\t(iv)\thas ceased to undertake the activities authorised by accreditation; or\n\t(v)\thas not paid fees or charges payable under this Part to the Authority within the required time; or\n\t(b)\tevents have occurred such that the person would not, if the person were to apply for accreditation, be eligible for accreditation.\n\t(3)\tA suspension under this regulation—\n\t(a)\tmay be for a specified period, or until the fulfilment of specified conditions, or until further order of the Authority; and\n\t(b)\tmay be expressed to have effect at a specified future time, or to have effect at a specified future time unless a specified condition is fulfilled.\n\t(4)\tA disqualification under this regulation may disqualify a person from obtaining accreditation—\n\t(a)\tpermanently; or\n\t(b)\tfor a specified period or until the fulfilment of specified conditions; or\n\t(c)\tuntil further order of the Authority.\n\t(5)\tThe Authority must, before acting under this regulation—\n\t(a)\tgive written notice to the site contamination auditor of the proposed action specifying the reasons for the proposed action; and\n\t(b)\tallow the site contamination auditor at least 14 days within which to make submissions to the Authority in relation to the proposed action.\n\t(6)\tThe Authority may, on application by a site contamination auditor, suspend the auditor's accreditation for a specified period of not less than 3 months and not more than 2 years or the term of the accreditation, whichever is the shorter period, if the Authority is satisfied that the auditor does not intend to undertake site contamination audits during that period.\n\t(7)\tA person whose accreditation is suspended is taken not to hold accreditation for the period of the suspension.\n\t(8)\tHowever—\n\t(a)\tthe person is taken to continue to hold accreditation for the purposes of the requirements of section 103Y of the Act (relating to furnishing the Authority with an annual return and notifying the Authority of a change in the person's particulars); and\n\t(b)\tthe date of expiry of the person's accreditation remains unchanged despite the suspension.\nsite contamination auditor means—\n\t(a)\ta person who is the holder of accreditation; or\n\t(b)\ta person who was formerly the holder of accreditation; or\n\t(c)\ta person who, although not the holder of accreditation, engaged in an activity for which accreditation was required (under section 103U of the Act).\n59—Surrender of accreditation\nA person may, with the approval of the Authority, surrender the person's accreditation.\n60—Return of certificate of accreditation and identity card\n\t(1)\tIf accreditation of a person as a site contamination auditor is surrendered, suspended or cancelled, the person must, within 14 days, return the certificate of accreditation and any identity card to the Authority.\n\t(2)\tIf, on an application under regulation 52, a certificate of accreditation or identity card has been issued to a person but the fee payable in respect of the person's application or accreditation has not been paid (whether because of the dishonouring of a cheque or otherwise), the person must, at the direction of the Authority, return the certificate or card to the Authority.\n\t(3)\tThe Authority may issue to the holder of accreditation, on payment by the person of the fee for replacement of the certificate of accreditation or identity card as set out in Schedule 4, a certificate of accreditation or identity card in replacement of a current certificate of accreditation or identity card if satisfied that—\n\t(a)\tthe current certificate or card has been lost, destroyed or damaged; or\n\t(b)\tany particulars appearing on the current certificate or card are incorrect.\n\t(4)\tIf the Authority issues a replacement certificate of accreditation or identity card to a person, the person must, at the direction of the Authority, return any original (or previous duplicate) certificate of accreditation or identity card in the person's possession to the Authority.\n61—Reviews (section 103V(2)(i))\n\t(1)\tA person may seek a review by the South Australian Civil and Administrative Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of a decision of the Authority—\n\t(a)\trefusing to grant an application by the person for accreditation or renewal of accreditation; or\n\t(b)\tdetermining the term of the person's accreditation; or\n\t(c)\timposing or varying a condition of the person's accreditation or determining a matter in relation to such a condition; or\n\t(d)\tsuspending or cancelling the person's accreditation or imposing a disqualification on the person.\n\t(2)\tSubject to this regulation, an application for review must be made within 1 month after the making of the decision.\n\t(3)\tThe Authority must, if so required by the person, state in writing the reasons for the Authority's decision.\n\t(4)\tIf the reasons of the Authority are not given in writing at the time of making the decision and the person to whom the decision relates (within 1 month of the making of the decision) requires the Authority to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n62—Register of site contamination auditors\n\t(1)\tThe Authority must keep a register of persons accredited under this Division.\n\t(2)\tThe register must include, in relation to each accredited person—\n\t(a)\tthe person's full name, personal address and business address (if any); and\n\t(b)\tthe qualifications for accreditation held by the person; and\n\t(c)\tdetails of any specialist qualifications held by the person and determined by the Authority to be appropriate for inclusion on the register; and\n\t(d)\tdetails of any condition of the person's accreditation requiring supervision of the person or restricting the scope or type of work the person may undertake as site contamination auditor; and\n\t(e)\tthe expiry date of the person's accreditation; and\n\t(f)\tthe person's accreditation number; and\n\t(g)\tdetails concerning any disciplinary action taken against the person by the Authority under regulation 58,\nand may include other information as the Authority thinks fit.\n\t(3)\tThe Authority may remove or correct an entry in the register as required without giving notice to any person.\n\t(4)\tThe Authority must—\n\t(a)\tmake a record of the full name of each site contamination auditor and the information entered in the register under subregulation (2)(b), (c), (d), (e) and (f) in relation to the auditor available for inspection on application to the Authority; and\n\t(b)\tmake a record of the full name of each site contamination auditor and the information entered in the register under subregulation (2)(e) and (f) in relation to the auditor available for inspection on a website established by the Authority.\n\t(5)\tAn apparently genuine document purporting to be signed by the Authority stating that, at a specified date, or during a specified period—\n\t(a)\ta specified person was accredited under this Division unconditionally or subject to specified conditions; or\n\t(b)\ta specified person was not accredited under this Division,\nwill, in any legal proceedings, constitute proof of the matters stated in the document in the absence of proof to the contrary.\nSubdivision 2—Requirements applying to auditors\n63—Annual returns by auditors (section 103Y(2))\nFor the purposes of section 103Y(2) of the Act, an annual return relating to site contamination audits for which a site contamination auditor is or was the responsible auditor must be in the form set out in Schedule 3 clause 5.\n64—Notifications by auditors after commencement or termination of audit (section 103Z(3))\nFor the purposes of section 103Z(3) of the Act—\n\t(a)\ta notification by a site contamination auditor after the commencement of a site contamination audit for which the auditor is or was the responsible auditor must be in the form set out in Schedule 3 clause 6; and\n\t(b)\ta notification by a site contamination auditor of the termination before completion of a site contamination audit for which the auditor is or was the responsible auditor must be in the form set out in Schedule 3 clause 7.\n65—Site contamination audit report summary and statement (section 103Z(4))\n\t(1)\tA site contamination audit report required under section 103Z(4)(a) and (b)(i) of the Act must include a summary of the findings of the site contamination audit to which it relates that—\n\t(a)\tis in the form set out in Schedule 3 clause 8 for site contamination audit statements; and\n\t(b)\tis certified by the responsible auditor in accordance with the directions contained in the form set out in Schedule 3 clause 8.\n\t(2)\tA site contamination audit statement required under section 103Z(4)(b)(ii) of the Act in relation to a site contamination audit must comprise—\n\t(a)\ta copy of the summary in the site contamination audit report relating to the audit and itself be certified by the responsible auditor in accordance with the directions contained in the form set out in Schedule 3 clause 8; or\n\t(b)\ta photocopy, faxed copy or electronic copy of the summary as certified by the responsible auditor in accordance with the directions contained in the form set out in Schedule 3 clause 8.\n66—Site contamination audit statements to be provided to prescribed bodies (section 103Z(4))\nFor the purposes of section 103Z(4)(b)(ii) of the Act, if—\n\t(a)\tan application for development authorisation under either the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 relates to land the subject of a site contamination audit; and\n\t(b)\ta body other than the council for the area in which the land is situated is a relevant authority for the purposes of assessment of the proposed development under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 (as the case requires),\nthat body is a prescribed body to which a site contamination audit statement must be provided in relation to that audit.\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"Waste depot levy, records, reports and measurement of waste etc","content":"Part 6—Waste depot levy, records, reports and measurement of waste etc\nDivision 1—Preliminary\n67—Interpretation\n\t(1)\tIn this Part—\napproved operational use—see regulation 70(1);\napproved operational use declaration—see regulation 70(2);\nApproved Operational Use Standard means the document of that name published by the Authority, as in force from time to time;\nlicensee, in relation to a waste depot, means the holder of the licence to conduct the waste depot;\nmass balance report—see regulation 74(2);\noperational purpose, in relation to the use of waste or other matter at a waste depot, means the use of waste or other matter at the depot (whether on a temporary or permanent basis) for the purpose of—\n\t(a)\taesthetic or amenity value; or\n\t(b)\tenvironmental management; or\n\t(c)\tvehicle access (including internal road construction and maintenance); or\n\t(d)\tinterim cover of landfill where no additional waste or matter will be placed for at least 30 days; or\n\t(e)\tfinal capping of landfill cells; or\n\t(f)\tother operational needs,\nbut does not include the stockpiling or disposal of waste or other matter, or the use of waste or other matter as cover of landfill at the depot on a daily or more frequent basis;\noperational use, in relation to waste or other matter, means the use of that waste or other matter for an operational purpose;\nWaste Reporting, Record Keeping and Measurement Standard means the document of that name published by the Authority, as in force from time to time.\n\t(2)\tFor the purposes of this Part, the waste and matter type of waste and matter is to be determined in accordance with the Waste Reporting, Record Keeping and Measurement Standard.\n\t(3)\tFor the purposes of this Part, the waste and matter stream of waste and matter is a reference to the waste and matter stream and waste and matter sub-stream (if applicable) that best describes the source of the waste and matter and is to be determined in accordance with theWaste Reporting, Record Keeping and Measurement Standard.\n68—Sharing of information with other persons or bodies\n\t(1)\tThe Authority may disclose information collected by, or provided to, the Authority under this Part to—\n\t(a)\tGreen Industries SA for the purposes of assisting or supporting the proper performance of its functions under the Green Industries SA Act 2004; and\n\t(b)\tan agency or instrumentality of this State for the purposes of supporting and facilitating market development for waste management and resource recovery; and\n\t(c)\tan agency or instrumentality of the Commonwealth or another State or Territory of the Commonwealth for the purposes of—\n\t(i)\tnational waste reporting; or\n\t(ii)\tsupporting and facilitating market development for waste management and resource recovery.\n\t(2)\tFor the avoidance of doubt, and without limiting the circumstances in which information received directly or indirectly pursuant to subregulation (1) may be disclosed to another person or body, a person or body who receives such information (the recipient) may disclose the information to another person or body if the disclosure is made for a purpose for which the information was received by the recipient and is required to assist the recipient in the proper performance of official functions or duties.\n\t(3)\tThis regulation does not limit disclosure of statistical or other data that is not of a commercially sensitive nature or that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(4)\tNothing in this regulation affects the operation of the Public Sector (Data Sharing) Act 2016.\n69—Approval of weighbridges\n\t(1)\tThe Authority may, on application, or on its own initiative, approve a weighbridge by notice in writing subject to such conditions as it thinks fit.\n\t(2)\tThe Authority may, on its own initiative at any time, or on application by the holder of the approval, vary or revoke an approval by further notice in writing (including by varying or revoking any conditions of the approval, or by imposing new conditions).\n\t(3)\tWithout limiting the generality of subregulation (1), the conditions may specify requirements as to—\n\t(a)\tmaintenance of the weighbridge; and\n\t(b)\tcertification of the accuracy of the weighbridge.\n\t(4)\tThe holder of an approval of a weighbridge must not contravene a condition of the approval.\n70—Approved operational use\n\t(1)\tFor the purposes of this Part, an approved operational use, in relation to the use of waste or other matter at a waste depot, means—\n\t(a)\tan operational use of a kind approved in relation to specified waste or matter under the Approved Operational Use Standard, and that is carried out in accordance with the requirements specified in that Standard; or\n\t(b)\tan operational use that is approved by a declaration made under subregulation (2) (as in force in respect of the depot), and that is carried out in accordance with the conditions or requirements specified in the declaration,\nbut does not include the use of waste or other matter as cover of landfill at the depot on a daily or more frequent basis.\n\t(2)\tThe Authority may, on application by the holder of a licence to conduct a waste depot or on its own initiative, make a declaration (an approved operational use declaration) that a use of waste or other matter at the depot is an approved operational use only if satisfied that—\n\t(a)\tthe use of waste or other matter at the depot in the manner proposed is necessary for an operational or environmental management purpose (or purposes); and\n\t(b)\tthe type of waste or other matter proposed to be used for the operational use is suitable for that purpose (or those purposes).\n\t(3)\tIn determining whether to make an approved operational use declaration under this regulation, the Authority must also—\n\t(a)\thave regard to, and seek to further, the objects of the Act; and\n\t(b)\thave regard to—\n\t(i)\tthe general environmental duty; and\n\t(ii)\tany relevant environment protection policy; and\n\t(iii)\tthe waste strategy for the State adopted under the Green Industries SA Act 2004 (if relevant); and\n\t(iv)\tany relevant reports, assessments, environmental impact statement, public environmental report, Assessment Report, development authorisation or other document or requirement under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016; and\n\t(v)\tany relevant environment improvement programme or agreement.\n\t(4)\tA declaration under this regulation—\n\t(b)\tmust specify—\n\t(i)\tthe type and amount of the waste or other matter to which the declaration applies; and\n\t(ii)\tthe purpose and location of the operational use; and\n\t(c)\tmay be subject to the following conditions, as specified in the declaration:\n\t(i)\ta condition requiring the operational use to occur in a specified manner or within a specified time frame;\n\t(ii)\ta condition requiring that the waste or other matter to which the declaration applies meets specified chemical or physical properties or complies with specified standards or specifications;\n\t(iii)\ta condition requiring plans, specifications or reports in connection with the operational use to be prepared by a person with specified qualifications;\n\t(iv)\ta condition requiring works in connection with the operational use to be carried out by a person with specified qualifications;\n\t(v)\ta condition requiring records relating to the operational use to be kept in a specified manner or form or for a specified period;\n\t(vi)\ta condition requiring such records to be available for inspection by an authorised officer;\n\t(vii)\tsuch other conditions as the Authority thinks fit; and\n\t(d)\tmay be varied or revoked by the Authority at any time, by notice in writing to the licence holder, if the Authority is satisfied—\n\t(i)\tthat a condition of the declaration has been contravened; or\n\t(ii)\tthere is potential for environmental harm (or further environmental harm) to occur if an operational use to which the declaration relates were to continue; or\n\t(iii)\tthat the declaration was improperly obtained; or\n\t(iv)\tthat other circumstances exist, which in the opinion of the Authority, make it necessary or appropriate to do so.\n71—Authority may require further information\nA person who makes an application under this Division must provide the Authority with any information required by the Authority in connection with the determination of the application, verified, if the Authority so requires, by statutory declaration.\nDivision 2—Waste depot levy\n72—Waste depot levy (section 113)\n\t(1)\tThe amount of the waste depot levy is set out in Schedule 4 Part 2.\n\t(2)\tPursuant to section 113(4) of the Act, the penalty for a failure to pay the levy as required under that section is—\n\t(a)\tin a case where the licensee satisfies the Authority that all reasonable and practicable measures were taken to prevent the default from occurring—the higher of $200 or 2% of the amount due for each month (or part of a month) for which the default continues; or\n\t(b)\tin a case where the default is identified and voluntarily reported to the Authority by the licensee before the Authority has notified the licensee of the default—the higher of $200 or 2% of the amount due for each month (or part of a month) for which the default continues; or\n\t(c)\tin a case where both paragraphs (a) and (b) apply—the higher of $150 or 1.5% of the amount due for each month (or part of a month) for which the default continues; or\n\t(d)\tin any other case—the higher of $350 or 3.5% of the amount due for each month (or part of a month) for which the default continues.\nDivision 3—Reporting, measurement and verification of waste and other matter at waste depots\n73—Interpretation\nIn this Division—\nprescribed waste depot means—\n\t(a)\ta waste depot that has, in the preceding 12 month period, received 20 000 tonnes or more of solid waste and other matter; or\n\t(b)\tif the holder of a licence to conduct a waste depot conducts more than 1 waste depot at the same site and the total amount of solid waste and other matter received by all the waste depots at that site in the preceding 12 month period was 20 000 tonnes or more—each waste depot conducted at the site; or\n\t(c)\tif the holder of a licence to conduct a waste depot conducts 1 or more waste depots at adjacent sites and the total amount of solid waste and other matter received together at the sites of the waste depot or depots (as the case requires) in the preceding 12 month period was 20 000 tonnes or more—each such waste depot or depots; or\n\t(d)\tif more than 1 waste depot is conducted at the same site by different licence holders who are associates of each other and the total amount of solid waste and other matter received by those waste depots at that site in the preceding 12 month period was 20 000 tonnes or more—each of those waste depots conducted at the site; or\n\t(e)\tif waste depots are conducted at adjacent sites by different licence holders who are associates of each other and the total amount of solid waste and other matter received at the adjacent sites of the waste depots in the preceding 12 month period was 20 000 tonnes or more—each of those waste depots;\nwaste depot means any depot, facility or works as described in Schedule 1 Part A clause 3 of the Act.\n74—Provision of monthly returns by waste depots\n\t(1)\tSubject to regulation 82, a person licensed to conduct a waste depot must, no later than 28 days after the last day of each month, provide the Authority with a return (in the manner and form approved by the Authority) that contains the following information:\n\t(a)\tin respect of solid waste disposed of at the depot (including any waste used as cover for landfill)—\n\t(i)\tthe total mass (in tonnes) of waste disposed of during each day of the month to which the return relates; and\n\t(ii)\tthe total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates; and\n\t(iii)\tif the depot is situated outside of metropolitan Adelaide—the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide; and\n\t(iv)\tif the depot is situated within metropolitan Adelaide—the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide; and\n\t(v)\tif the mass of the waste disposed of is determined in accordance with regulation 75(3)(b)(i)(B), details relating to the classes and numbers of vehicles on or in which waste was carried during each day of the month and during the whole of the month to which the return relates;\n\t(b)\tin respect of liquid waste—the total volume (in kilolitres) of waste disposed of at the depot—\n\t(i)\tduring each day of the month to which the return relates; and\n\t(ii)\tduring the whole of the month to which the return relates.\n\t(2)\tSubject to regulations 76 and 82, if a person is licensed to conduct a waste depot that is—\n\t(a)\ta prescribed waste depot; or\n\t(b)\ta waste depot that has, in the preceding 12 month period, received 5000 tonnes or more, but less than 20 000 tonnes, of solid waste and other matter, and the Authority has directed, by notice in writing to the licence holder, that the requirements of this subregulation are to apply to and in respect of that depot; or\n\t(c)\tany other waste depot that receives waste or other matter of a kind determined in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard,\nthen the person must (in addition to information required to be provided under subregulation (1)) no later than 28 days after the last day of each month, provide the Authority with a return (a mass balance report), in the manner and form approved by the Authority, that contains the information referred to in subregulation (3).\n\t(3)\tA mass balance report must contain the following information:\n\t(a)\tthe total mass (in tonnes) of waste and other matter received at the depot during the month to which the report relates in respect of—\n\t(b)\tif the depot is situated outside of metropolitan Adelaide—the total mass (in tonnes) of waste and other matter brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide during the month to which the report relates in respect of—\n\t(c)\tif the depot is situated within metropolitan Adelaide—the total mass (in tonnes) of waste and other matter brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide during the month to which the report relates in respect of—\n\t(d)\tthe total mass (in tonnes) of waste and other matter, in respect of each waste and matter type, transported from the depot during the month to which the report relates, and in relation to that waste and other matter—\n\t(i)\twhether it is material recovered as a result of resource recovery processes or is being transported to another waste depot for further treatment; and\n\t(ii)\twhether it is to be transported to a place within the State, interstate or overseas;\n\t(e)\tthe total mass (in tonnes) of waste and other matter, in respect of each waste and matter type, used at the depot for operational purposes during the month to which the report relates;\n\t(f)\tthe total mass (in tonnes) of waste and other matter stockpiled at the depot on the final day of the month to which the report relates;\n\t(g)\tinformation relating to the method used to measure or calculate the amount of waste and other matter for the purposes of the report;\n\t(h)\tin accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard—details of any change in the mass of waste and other matter at the depot that occurred during the month to which the report relates (including the reasons for the change and how the amount of change was determined).\n75—Measurement of waste and other matter for purposes of monthly returns\n\t(1)\tSubject to regulation 82, for the purposes of a return under regulation 74(1) and (2), the mass or volume of waste and other matter—\n\t(a)\treceived at a waste depot; or\n\t(b)\tused at a waste depot for operational purposes; or\n\t(c)\tdisposed of at a waste depot (including waste used as cover for landfill); or\n\t(d)\ttransported from a waste depot,\nmust be determined in accordance with this regulation.\n\t(2)\tThe mass or volume of waste and other matter received, used or disposed of at, or transported from, a waste depot (as the case requires), is to be calculated as the aggregate of the mass or volume of waste and other matter comprised of—\n\t(a)\twaste and other matter received at the waste depot; or\n\t(b)\twaste and other matter used for operational purposes at the depot; or\n\t(c)\twaste and other matter disposed of at the depot (including waste used as cover for landfill); or\n\t(d)\twaste and other matter transported from the waste depot.\n\t(3)\tThe mass of solid waste and other matter must be determined as follows:\n\t(a)\tin the case of a landfill depot with an approved weighbridge (installed in accordance with regulation 77)—the mass of the waste and other matter received at the depot must, on its receipt and prior to its disposal (including waste used as cover for landfill), be determined by use of the approved weighbridge unless the Authority has, in accordance with the Waste Reporting, Record Keeping and Measurement Standard, determined otherwise;\n\t(b)\tif paragraph (a) does not apply—\n\t(i)\tin the case of waste and other matter specified in the Waste Reporting, Record Keeping and Measurement Standard—the mass—\n\t(A)\tmay be determined by use of an approved weighbridge; or\n\t(B)\tif not so determined—will be taken to be the average net mass of waste and other matter, as determined for a relevant class of vehicle or if relevant, the type of waste or other matter, in accordance with the Waste Reporting, Record Keeping and Measurement Standard; and\n\t(ii)\tin any other case—the mass must, subject to regulation 78, be determined by use of an approved weighbridge.\n\t(4)\tIf a weighbridge is used under this regulation to measure waste and other matter, it is to be measured—\n\t(a)\tin the case of waste weighed on a weighbridge installed before 1 September 2009—to the highest level of weighing accuracy for the particular design of weighbridge; or\n\t(b)\tin any other case—to the nearest 0.02 tonnes or kilolitres.\n\t(5)\tThe volume of liquid waste disposed of at a waste depot—\n\t(a)\tmay be determined by use of a dipstick pre‑calibrated for the liquid waste container used to hold the liquid waste to be disposed of; or\n\t(b)\tmay be measured by means of a volume measuring device, which has been approved in writing by the Authority, installed at the depot; or\n\t(c)\tmay be calculated—\n\t(i)\tby measuring the net mass of the liquid waste by use of an approved weighbridge; and\n\t(ii)\tby dividing that measurement by the predetermined mass per kilolitre of the particular liquid waste; or\n\t(d)\tmay be taken to be that certified, in a cartnote signed by both the producer and transporter of the waste, to be the volume of liquid waste to be delivered to the depot; or\n\t(e)\tif a liquid waste container used to hold the liquid waste to be disposed of is full—\n\t(i)\tmay be calculated from the dimensions of the container; or\n\t(ii)\tin the case of a container the capacity of which has been predetermined by a volume calibration method (approved in writing by the Authority) and marked on the container—may be taken to be that capacity.\n76—Exemption from requirements relating to mass balance report\n\t(1)\tThe Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of, or relating to, a mass balance report under regulation 74.\n\t(b)\tthe nature of the business or operation conducted at the waste depot by the licence holder; and\n\t(c)\tmay be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions).\n77—Certain depots must have approved weighbridge\n\t(1)\tSubject to this regulation and regulation 78, if a waste depot has, in a financial year—\n\t(a)\treceived at the depot 20 000 tonnes or more of solid waste and other matter; or\n\t(b)\tdisposed of at the depot 10 000 tonnes or more of solid waste (including waste used as cover for landfill),\nthe holder of the waste depot licence must ensure that an approved weighbridge is installed at the depot no later than 4 months after the end of that financial year, for weighing solid waste and other matter received, used or disposed of at, or transported from, the depot.\n\t(2)\tThe Authority may, on application by the holder of a waste depot licence within the relevant 4 month period referred to in subregulation (1), extend the period within which an approved weighbridge must be installed at the depot by a further period of 2 months.\n\t(3)\tDespite subregulation (1), the holder of a waste depot licence is not required to comply with the requirement to have a weighbridge installed at the depot if—\n\t(a)\t—\n\t(i)\ta weighbridge located at a place other than the depot was used by the licence holder before 1 October 2000 for the purpose of weighing waste received for disposal at the depot; and\n\t(ii)\tthe licence holder currently owns and operates the weighbridge for that purpose; or\n\t(b)\tthe depot conducted by the licence holder is not a landfill depot and—\n\t(i)\ta weighbridge located at a place other than that depot was used by the licence holder before 1 July 2021 for the purpose of weighing waste received for resource recovery at the depot; and\n\t(ii)\tthe licence holder currently owns and operates the weighbridge for that purpose.\n78—Exemptions from approved weighbridge requirements\n\t(1)\tThe Authority may, on application by the holder of a waste depot licence, exempt the holder from compliance with the requirement in regulation 75(3)(b)(ii) that the mass of solid waste and other matter is to be determined by use of an approved weighbridge if satisfied—\n\t(a)\tthat—\n\t(i)\tthe depot will receive less than 10 000 tonnes of solid waste and other matter for disposal at the depot in each financial year; and\n\t(ii)\tthe depot uses adequate alternative methods of measuring the mass of solid waste and other matter; or\n\t(b)\tthat—\n\t(i)\tthe depot satisfies circumstances or requirements specified in, or determined in accordance with, the Waste Reporting, Record Keeping and Measurement Standard; and\n\t(ii)\tthe depot uses an alternative method of measuring the mass of solid waste and other matter in accordance with the requirements of the Waste Reporting, Record Keeping and Measurement Standard.\n\t(2)\tThe Authority may, on application by the holder of a waste depot licence, exempt the holder from compliance with the requirement in regulation 77(1) that an approved weighbridge is to be installed at the depot if satisfied that—\n\t(a)\tthe depot will cease operating within 12 months; or\n\t(b)\tsuitable arrangements are in place for the waste to be weighed at an approved weighbridge located at a place other than the depot.\n\t(c)\tmay be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or imposing new conditions).\n79—Results of baseline survey or stocktake by holder of waste depot licence must be kept and made available\n\t(1)\tThe holder of a waste depot licence who was required to provide to the Authority a survey of the depot or a stocktake of waste and other matter at the depot in accordance with regulation 74(1) of the revoked regulations must—\n\t(a)\tensure that the results of the survey or stocktake are kept for at least 5 years after the survey or stocktake was carried out; and\nrevoked regulations means the Environment Protection Regulations 2009 as in force immediately before the commencement of these regulations.\n80—Verification of returns by survey\n\t(1)\tThe holder of a waste depot licence must—\n\t(a)\tin the case of a landfill depot that has, during a preceding financial year, disposed of at the depot 10 000 tonnes or more of solid waste (including any waste used as cover for landfill); or\n\t(b)\tin any other case, if requested in writing by the Authority during a financial year,\nprovide the Authority with a survey (as determined, subject to this regulation, in accordance with the Waste Reporting, Record Keeping and Measurement Standard) within the prescribed period for the licence that falls in the next financial year.\n\t(2)\tA survey under this regulation must—\n\t(a)\tinclude a topographic and volumetric survey of the whole depot site; and\n\t(b)\tin relation to the month in which the survey is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the survey is conducted; and\n\t(c)\tinclude information on the change in the total volume of waste and other matter that has occurred at the depot since the preceding survey; and\n\t(d)\tsubject to this subregulation, be undertaken in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard (which may, for example, require or specify the type of survey and the related elements, such as details regarding material type, to be included); and\n\t(e)\tbe prepared by a licensed or registered surveyor under the Survey Act 1992 or a person, or person of a class, specified in the Waste Reporting, Record Keeping and Measurement Standard.\n\t(3)\tThe holder of a waste depot licence must—\n\t(a)\tensure that the results of a survey under this regulation are kept for at least 5 years after the survey was carried out; and\n\t(4)\tThe Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation.\n\t(5)\tAn exemption issued by the Authority under this regulation—\n\t(c)\tmay be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions).\n\t(6)\tIn this regulation—\nprescribed period, in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence.\n81—Verification of returns by stocktake\n\t(1)\tThe holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2) must, if the licence holder is not required to undertake a survey under regulation 80 in a given financial year, cause a stocktake of waste and other matter at the depot to be carried out and the results provided to the Authority within the prescribed period for the licence that falls in the next financial year.\n\t(2)\tThe Authority may, at any time in a financial year, by notice in writing to the holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2), require that the licence holder cause a stocktake of waste and other matter at the depot to be carried out, and the results provided to the Authority, at such intervals (which may not be less than on a monthly basis), or within the period or periods, specified by the notice.\n\t(3)\tTo avoid doubt, a stocktake (or stocktakes) carried out in accordance with subregulation (2) may be in addition to a stocktake required under subregulation (1) and may, if so specified in the notice, be required on an ongoing basis.\n\t(4)\tThe holder of a waste depot licence must comply with a notice under subregulation (2).\n\t(5)\tA stocktake under this regulation must—\n\t(a)\tin relation to the month in which the stocktake is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the stocktake is conducted; and\n\t(b)\tsubject to this regulation, in the case of a stocktake under subregulation (1)—be carried out in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard; and\n\t(c)\tsubject to this regulation, in the case of a stocktake under subregulation (2)—be carried out in accordance with any other requirements of, and contain any other information specified in, the notice (and if the notice so specifies, in accordance with the Waste Reporting, Record Keeping and Measurement Standard); and\n\t(d)\tbe carried out by a person who holds the qualifications, or otherwise meets the requirements, specified in the Waste Reporting, Record Keeping and Measurement Standard.\n\t(6)\tThe holder of a waste depot licence must—\n\t(a)\tensure that the results of a stocktake under this regulation are kept for at least 5 years after the stocktake was carried out; and\n\t(7)\tThe Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation.\n\t(8)\tAn exemption issued by the Authority under this regulation—\n\t(c)\tmay be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions).\nprescribed period, in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence.\n82—Special provision for certain councils for waste fees\n\t(1)\tThis regulation only applies to a council if—\n\t(a)\tthe whole of the council area is outside of metropolitan Adelaide; and\n\t(b)\tall of the waste disposed of at depots operated by the council has been brought to the depots from premises situated outside of metropolitan Adelaide; and\n\t(c)\teach depot operated by the council disposes of less than 10 000 tonnes of solid waste at the depot in any financial year.\n\t(2)\tFor the purpose of determining the levy payable by a council under section 113 of the Act in respect of solid waste received at all depots operated by the council, the council may elect, by written notice to the Authority—\n\t(a)\tnot to comply with regulations 74 and 75 in respect of solid waste disposed of at those depots; and\n\t(b)\tto take the mass of solid waste received during each month at those depots to be the mass determined in accordance with the following formula:\n\nM is the mass of solid waste in tonnes\nP is the population of the area of the council as at the previous 30 June as given by the Australian Bureau of Statistics in its publication \"Regional Population Growth, Australia\" (Catalogue No. 3218.0).\n\t(3)\tIf a council makes an election under this regulation, regulations 74 and 75 do not apply in respect of solid waste and other matter received, used or disposed of at, or transported from, any depot operated by that council.\n\t(4)\tIf a council satisfies the Authority that recycling is operating in a council area so that waste disposed of to landfill is reduced by a certain proportion, the levy payable by the council is reduced by subtracting that proportion from the levy that would otherwise be payable by the council as determined in accordance with this regulation.\n83—Presumptions and estimates if records are inadequate\n\t(1)\tIf the Authority is of the opinion that records that relate to waste or other matter received or present at a waste depot during any period (being records required for determining the waste depot levy payable under this Part) are inadequate, and as a result, the Authority is of the opinion it is necessary in order to determine the levy payable, the Authority is entitled to make presumptions and estimates in relation to the waste or matter in accordance with this regulation.\n\t(2)\tFor the purposes of subregulation (1), without limiting the circumstances in which records will be taken to be inadequate, records relating to a period will be taken to be inadequate if—\n\t(a)\tthere are no records relating to waste or other matter received or present at the depot during the period; or\n\t(b)\tthe records relating to waste or other matter received or present at the depot during the period are incomplete, inaccurate or inconsistent with other records (whether kept by the licensee, the occupier of the waste depot or another person or body); or\n\t(c)\tthe information contained in the records relating to waste or other matter received or present at the depot during the period has not been obtained by methods that, in the opinion of the Authority, are appropriate.\n\t(3)\tThe Authority is entitled to presume 1 or more of the following in relation to any waste or other matter at the waste depot (subject to the licensee establishing the contrary):\n\t(a)\tthat the waste or matter is waste or matter that has been received at the depot;\n\t(b)\tthat the waste or matter is waste or matter that has been disposed of to landfill at the depot;\n\t(c)\tthat the waste or matter has been used at the depot for an operational use other than an approved operational use;\n\t(d)\tthat unauthorised stockpiling of the waste or matter has occurred at the depot;\n\t(e)\tthat the waste or matter was stockpiled in an area of the depot, or in any manner, in contravention of the relevant licence;\n\t(f)\tthat any matters referred to in a preceding paragraph commenced or occurred on the date on which the Authority first became aware that the relevant records were inadequate;\n\t(g)\tthat the waste or matter at the waste depot is waste or matter of a specified kind;\n\t(h)\tthat the waste or matter has been—\n\t(i)\tgenerated within metropolitan Adelaide; or\n\t(ii)\tgenerated from waste or other matter generated in metropolitan Adelaide.\n\t(4)\tIn estimating the tonnage of waste or other matter received at the waste depot during the period, the Authority must have regard to the following:\n\t(a)\tdetails of any volumetric survey of the depot;\n\t(b)\tdetails of any stockpile volume assessment at the depot (made using assessment or modelling methodologies approved by the Authority);\n\t(c)\tavailable records in respect of the depot;\n\t(d)\tany information provided by an authorised officer who has seen or inspected the depot;\n\t(e)\tany information available to the Authority, including images and data from cameras and GPS devices and information from persons not involved with the operation of the depot;\n\t(f)\tany other details provided to the Authority in relation to the depot under regulation 84.\n84—Authority may require reports of volumetric surveys or tests or monitoring\n\t(1)\tIf the Authority has formed an opinion under regulation 83 that records that relate to waste or other matter received or present at a waste depot during any period are inadequate, the Authority may, by notice in writing, for the purposes of determining the amount of the waste depot levy payable by the licensee of the depot, require the licensee to provide the Authority with 1 or more of the following (as specified in the notice), within a reasonable period of time specified in the notice:\n\t(a)\tdetails of a volumetric survey (that complies with the requirements of this regulation) of—\n\t(i)\tlandfill at the depot; or\n\t(ii)\tany other waste or matter that has been abandoned, stockpiled or used at the depot,\nprepared by a licensed or registered surveyor under the Survey Act 1992 or a person, or person of a class, approved by the Authority;\n\t(b)\treports of specified tests or monitoring of—\n\t(i)\tlandfill at the depot; or\n\t(ii)\tany other waste or matter that has been abandoned, stockpiled or used at the depot,\nincluding, if the Authority considers it necessary, reports prepared, or tests or monitoring undertaken, by a person with specified qualifications;\n\t(c)\tany other information required by the Authority in connection with the determination of the amount of the waste depot levy, verified, if the Authority so requires, by statutory declaration.\n\t(2)\tA volumetric survey provided to the Authority under subregulation (1) must be in accordance with any other requirements specified by the Authority in the notice.\n\t(3)\tIt is an offence for a licensee to contravene or fail to comply with the requirements of a notice given by the Authority to the licensee.\nDivision 4—Record keeping\n85—Records on measurement of waste by method other than weighbridge\nFor the purposes of this Division, a person licensed to conduct a waste depot who is not required to have installed an approved weighbridge under Division 3, or uses a method other than an approved weighbridge to measure and record the amount of waste and other matter received, used or disposed of at, or transported from, the depot in accordance with that Division, must record any information in relation to the method used by the licence holder in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard.\n86—Records on measurement of waste by use of approved weighbridge\n\t(1)\tA person licensed to conduct a waste disposal depot who is required to have installed or use an approved weighbridge under Division 3 must record the following information in relation to the waste and other matter measured by the weighbridge for the purposes of that Division:\n\t(a)\tthe date and time the load is measured;\n\t(b)\tthe registration number of the vehicle on or in which the load is carried;\n\t(c)\tthe business name of the person carrying the waste (if relevant);\n\t(d)\tthe weight of the waste and other matter (in tonnes);\n\t(e)\tthe waste levy rate applied in respect of the waste and other matter in accordance with the waste or matter type and the source of the waste or other matter (for example, whether from within or outside of metropolitan Adelaide);\n\t(f)\tthe name of the operator of the weighbridge.\nwaste disposal depot means a depot referred to in Schedule 1 Part A clause 3(3) of the Act.\n87—Records of waste and other matter received at waste depot\nA person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following information in relation to each delivery of waste and other matter received at the depot:\n\t(a)\tthe amount of any waste and other matter delivered, its waste and matter stream and, to the extent that it is reasonably practicable, its waste and matter type;\n\t(b)\twhether the source of the waste and other matter is from premises situated outside metropolitan Adelaide or premises situated in metropolitan Adelaide;\n\t(c)\tthe amount of any waste and other matter delivered arising from a biological outbreak or natural or other disaster determined by the Authority;\n\t(d)\tthe date and time the delivery of waste and other matter is made;\n\t(e)\tin the case of waste transported to the waste depot from another waste depot—the name and address of the other depot;\n\t(f)\tany other information required under the Waste Reporting, Record Keeping and Measurement Standard.\n88—Records of waste and other matter transported from waste depot for use, recovery, recycling, processing or disposal\nA person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following information in relation to each load of waste and other matter transported from the depot for use, recovery, recycling, processing or disposal at another place:\n\t(a)\tthe amount of any waste contained in the load and its waste type;\n\t(b)\tthe amount of any other matter contained in the load and a description of the nature of that other matter;\n\t(c)\tthe amount of any waste and other matter in the load that arose from a biological outbreak or natural or other disaster determined by the Authority;\n\t(d)\tthe date and time the load is transported from the depot;\n\t(e)\tif the waste and other matter must, under the Act or any other Act or law, be transported to a particular place—\n\t(i)\twhether it is material recovered as a result of resource recovery processes or is being transported to another waste depot for further treatment; and\n\t(ii)\tthe name and address or location of the place to which the load is being transported;\n\t(f)\tany other information required under the Waste Reporting, Record Keeping and Measurement Standard.\n89—Records in relation to vehicles\n\t(1)\tA person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following particulars in relation to vehicles that enter the depot for a purpose directly related to the operation of the depot (whether or not the vehicle is being, or is intended to be, used to deliver or transport waste or other matter):\n\t(a)\tthe date on which the vehicle enters and leaves the depot;\n\t(b)\tthe time at which the vehicle enters and leaves the depot;\n\t(c)\tin the case of a vehicle used by the holder of a licence to conduct a waste transport business—the registration number of the vehicle;\n\t(d)\tthe weight of the vehicle on entering and on leaving the depot;\n\t(e)\tany other information required under the Waste Reporting, Record Keeping and Measurement Standard.\n\t(2)\tSubregulation (1) does not apply to—\n\t(a)\ta vehicle used by an authorised officer in the course of the officer's duties; or\n\t(b)\ta vehicle, or vehicle of a class declared by the Authority or specified in the Waste Reporting, Record Keeping and Measurement Standard for the purposes of this subregulation.\n90—Records of waste and other matter used for operational purposes\nA person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following information in relation to any waste and other matter used for operational purposes:\n\t(a)\tthe amount of the waste and other matter and its waste and matter type;\n\t(b)\tthe location within the depot at which, and the purpose for which, the waste or other matter is used;\n\t(c)\tthe date the waste or other matter is used;\n\t(d)\tthe particulars of any approval of the Authority in relation to the use of the waste or other matter for operational purposes;\n\t(e)\tany other information required under the Waste Reporting, Record Keeping and Measurement Standard.\n91—Additional requirements in relation to making, retention and availability of records\nA person licensed to conduct a waste depot who is required to record information under this Division must—\n\t(a)\trecord and keep the information in the manner and form required under the Waste Reporting, Record Keeping and Measurement Standard or as approved by the Authority by notice in writing; and\n\t(b)\tensure that each record is kept for at least 5 years after the record was made; and\n\t(c)\tmake any of the records available for inspection and copying by an authorised officer on request.\n92—Exemption from record keeping requirements\n\t(1)\tThe Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the record keeping requirements under this Division.\n\t(b)\tthe nature of the business or operation conducted at the depot by the licence holder; and\n\t(c)\tmay be varied or revoked by the Authority at any time by further notice in writing (including by varying or revoking any conditions of the exemption, or by imposing new conditions).\n","sortOrder":12},{"sectionNumber":"Div 5","sectionType":"division","heading":"Video monitoring","content":"Division 5—Video monitoring\n93—Video monitoring systems\n\t(1)\tSubject to regulation 94, the holder of a licence to conduct a landfill depot must, if the depot has, in the preceding 12 month period, received 20 000 tonnes or more of solid waste and other matter, within such reasonable period as specified by the Authority by notice in writing to the licence holder—\n\t(a)\tinstall, operate and maintain a video monitoring system at the landfill depot in accordance with the requirements specified in the notice or the Waste Reporting, Record Keeping and Measurement Standard; and\n\t(b)\toperate the video monitoring system during the times specified in the notice (which may be at all times).\n\t(2)\tThe Authority may, for any reasonable purpose connected with the administration or enforcement of the Act, direct the holder of a licence to conduct a waste depot (other than a depot to which subregulation (1) applies) by notice in writing, within such reasonable period as specified in the notice—\n\t(a)\tto install, operate and maintain a video monitoring system at the waste depot in accordance with the requirements specified in the notice or the Waste Reporting, Record Keeping and Measurement Standard for such period specified in the notice (which must not exceed 5 years); and\n\t(b)\tto operate the video monitoring system during the times specified in the notice (which may be at all times).\n\t(3)\tA video monitoring system under subregulations (1) and (2) must comply with the specifications specified in the notice or the Waste Reporting, Record Keeping and Measurement Standard (as the case requires).\n\t(4)\tA licence holder must comply with the requirements of a notice under subregulation (2).\n\t(5)\tThe licence holder must—\n\t(a)\tensure that video monitoring records under this regulation are kept—\n\t(i)\tfor at least 12 months after being made; or\n\t(ii)\tfor any reasonable purpose connected with the administration or enforcement of the Act—\n\t(A)\tfor such longer period as the Authority may direct by notice in writing to the licence holder; or\n\t(B)\tif the Authority directs by notice in writing to the licence holder—until further notice; and\n\t(b)\tmake video monitoring records under this regulation available for inspection and copying by an authorised officer on request.\n\t(6)\tThe Authority may, at any time by notice in writing to the licence holder, vary or revoke a notice under this regulation (including by varying or revoking any requirements or specifications specified in the notice or imposing new requirements or specifications).\n94—Exemption from video monitoring system requirements\n\t(1)\tThe Authority may, on application of the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements under regulation 93.\n\t(b)\tthe nature of the business or operation conducted at the depot by the licence holder; and\n\t(c)\tmay be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions).\n","sortOrder":13},{"sectionNumber":"Div 6","sectionType":"division","heading":"Vehicle flow plans","content":"Division 6—Vehicle flow plans\n95—Vehicle flow plans\nA person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must—\n\t(a)\tif required by the Authority by notice in writing to the licence holder, within the time specified in the notice, prepare a vehicle flow plan in relation to vehicle movement at the depot in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard; and\n\t(b)\tmake the plan available for inspection and copying by an authorised officer on request.\n","sortOrder":14},{"sectionNumber":"Part 7","sectionType":"part","heading":"Other fees and charges","content":"Part 7—Other fees and charges\n96—Registration or cancellation of registration of environment protection order (section 95)\nFor the purposes of section 95(4a) of the Act—\n\t(a)\tthe prescribed amount recoverable in respect of the registration of an environment protection order in relation to land from the person to whom the order was issued is—\n\t(i)\tfor the first entry made by the Registrar‑General in registering the order—18 fee units; and\n\t(ii)\tfor each subsequent entry made by the Registrar‑General in registering the order—5 fee units; and\n\t(b)\tthe prescribed amount recoverable in respect of the cancellation of registration of an environment protection order in relation to land from the person to whom the order was issued is—\n\t(i)\tfor the first endorsement made by the Registrar‑General in cancelling the registration of the order—13 fee units; and\n\t(ii)\tfor each subsequent endorsement made by the Registrar‑General in cancelling the registration of the order—1 fee unit.\n97—Registration or cancellation of registration of clean‑up order or clean‑up authorisation (section 103)\nFor the purposes of section 103(2a) of the Act—\n\t(a)\tthe prescribed amount recoverable in respect of the registration of a clean‑up order or clean‑up authorisation from the person whose contravention gave rise to the issuing of the order or authorisation is—\n\t(i)\tfor the first entry made by the Registrar‑General in registering the order or authorisation—18 fee units; and\n\t(ii)\tfor each additional entry made by the Registrar‑General in registering the order or authorisation—5 fee units; and\n\t(b)\tthe prescribed amount recoverable in respect of the cancellation of registration of a clean‑up order or clean‑up authorisation from the person whose contravention gave rise to the issuing of the order or authorisation is—\n\t(i)\tfor the first endorsement made by the Registrar‑General in cancelling the registration of the order or authorisation—13 fee units; and\n\t(ii)\tfor each subsequent endorsement made by the Registrar‑General in cancelling the registration of the order or authorisation—1 fee unit.\n98—Registration or cancellation of site contamination assessment order or site remediation order (section 103R)\nFor the purposes of section 103R(2) of the Act—\n\t(a)\tthe prescribed amount recoverable in respect of the registration of a site contamination assessment order or site remediation order in relation to land from the person to whom the order was issued is—\n\t(i)\tfor the first entry made by the Registrar‑General in registering the order—18 fee units; and\n\t(ii)\tfor each subsequent entry made by the Registrar‑General in registering the order—5 fee units; and\n\t(b)\tthe prescribed amount recoverable in respect of the cancellation of registration of a site contamination assessment order or site remediation order in relation to land from the person to whom the order was issued is—\n\t(i)\tfor the first endorsement made by the Registrar‑General in cancelling the registration of the order—13 fee units; and\n\t(ii)\tfor each subsequent endorsement made by the Registrar‑General in cancelling the registration of the order—1 fee unit.\n99—Prescribed fee for emergency authorisation (section 105)\n\t(1)\tSubject to this regulation, the prescribed fee in respect of an emergency authorisation for the purposes of section 105(2)(a) of the Act is 37 fee units.\n\t(2)\tIf the Authority is satisfied that—\n\t(a)\tthe circumstances giving rise to the issuing of the authorisation were within the control of the person to whom it is issued; and\n\t(b)\tthere is no need for inspection by an authorised officer of the place or vehicle in respect of which the authorisation is to apply,\nthe prescribed fee is 26 fee units.\n\t(3)\tIf the Authority is satisfied that the circumstances giving rise to the issuing of the authorisation were beyond the control of the person to whom it is issued, the prescribed fee is 0 fee units.\n100—Recovery of administrative and technical costs associated with contraventions (section 135)\n\t(1)\tFor the purposes of section 135(1)(c) of the Act, the fee payable in respect of action taken to investigate a contravention of the Act is—\n\t(a)\tin the case of action commenced during business hours, the sum of—\n\t(i)\t11 fee units; and\n\t(ii)\tif the action exceeds 2 hours in duration—\n\t(A)\t4 fee units for each subsequent hour or part of an hour for action taken during business hours; and\n\t(B)\t8 fee units for each subsequent hour or part of an hour for action taken outside of business hours; and\n\t(b)\tin the case of action commenced outside of business hours, the sum of—\n\t(i)\t21 fee units; and\n\t(ii)\tif the action exceeds 2 hours in duration—\n\t(A)\t4 fee units for each subsequent hour or part of an hour for action taken during business hours; and\n\t(B)\t8 fee units for each subsequent hour or part of an hour for action taken outside of business hours.\n\t(2)\tFor the purposes of section 135(1)(c) of the Act, the fee payable in respect of action taken to issue an order under Part 10 of the Act in respect of a contravention of the Act is 11 fee units.\nbusiness hours means the hours between 8.45 am and 5 pm on any day other than a Saturday, Sunday or public holiday.\n101—Recovery of administrative and technical costs associated with action under Part 10A (section 135A)\n\t(1)\tFor the purposes of section 135A(2) of the Act, the fee payable in respect of action taken in accordance with section 135A of the Act is the sum of—\n\t(a)\tthe reasonable costs incurred by the Authority to engage a site contamination auditor or site contamination consultant to take action in accordance with that section; and\n\t(b)\t—\n\t(i)\tin the case of action commenced during business hours, the sum of—\n\t(A)\t11 fee units; and\n\t(B)\tif the action exceeds 2 hours in duration—\n\t•\t4 fee units for each subsequent hour or part of an hour for action taken during business hours; and\n\t•\t8 fee units for each subsequent hour or part of an hour for action taken outside of business hours; or\n\t(ii)\tin the case of an action commenced outside of business hours, the sum of—\n\t(A)\t21 fee units; and\n\t(B)\tif the action exceeds 2 hours in duration—\n\t•\t4 fee units for each subsequent hour or part of an hour for action taken during business hours; and\n\t•\t8 fee units for each subsequent hour or part of an hour for action taken outside of business hours.\nbusiness hours means the hours between 8:45 am and 5 pm on any day other than a Saturday, Sunday or public holiday;\nreasonable costs include (but are not limited to) the cost of the following:\n\t(a)\ttaking a sample;\n\t(b)\tconducting tests, examinations or analyses;\n\t(c)\tundertaking a site investigation;\n\t(d)\tundertaking a risk assessment;\n\t(e)\tundertaking a remediation options assessment;\n\t(f)\tpreparing a site remediation plan;\n\t(g)\tpreparing a remediation validation report;\n\t(h)\tpreparing a site management plan.\n102—Interest on amounts recoverable by Authority under sections 64D, 95, 103 and 103R\nFor the purposes of sections 64D(1)(a), 95(5)(a), 103(3)(a) and 103R(4)(a) of the Act, the prescribed rate of interest per annum on an amount recoverable by the Authority but not paid within the period fixed by the Authority is 24% calculated in respect of each month (or part of a month) for which the amount remains unpaid.\n103—Further fees\nFurther fees are payable for the purposes of the Act as set out in Schedule 4.\n","sortOrder":15},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n104—Payment of fees by instalments and recovery of fees\n\t(1)\tThe Authority may, in allowing the payment of a fee under the Act or these regulations by instalments, add to each amount payable as an instalment a charge by way of interest, or an administrative fee, as determined by the Authority with the approval of the Minister.\n\t(2)\tThe Authority may recover any instalment of a fee or other amount payable by a person under the Act or these regulations—\n\t(a)\tas a debt by action in a court of competent jurisdiction; or\n\t(b)\tby adding the amount so payable to a fee otherwise payable under the Act or these regulations by that person.\n\t(3)\tIf the Authority allows a fee to be paid by instalments, the fee is the amount that would be payable under the Act or these regulations apart from this regulation plus, for each instalment that is not paid by the date for payment $300 or 5% of the instalment (whichever is higher) for each month (or part of a month) for which the default continues.\n105—Authority may require copy of decision on development applications\nIf an application for development authorisation is referred to the Authority under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, the relevant authority that determines the application under the relevant Act must, if required by the Authority by notice in writing, furnish the Authority with a full copy of the relevant authority's decision on the application as soon as practicable (but not later than 1 month) after the decision is made.\n106—Exemption from requirement for licence for transportation of controlled waste\n\t(1)\tA person will be exempt from the requirement under section 36 of the Act to hold a licence in respect of the transportation of controlled waste into or through South Australia from another participating State, or from South Australia to another participating State if—\n\t(a)\tthe person holds a licence or other similar authority that—\n\t(i)\thas been granted by a participating State other than South Australia; and\n\t(ii)\tis the same as or has a similar effect to an environmental authorisation that authorises the activities specified in clause 3(5) or clause 3(6) (or both) of Schedule 1 Part A of the Act; and\n\t(b)\tthe person ensures that a copy of the consignment authorisation obtained in relation to the controlled waste being transported is carried in the vehicle transporting the waste; and\n\t(c)\tthe person ensures that the conditions to which the consignment authorisation is subject (if any) are complied with to the extent that those conditions apply to the transportation of the controlled waste; and\n\t(d)\tthe person complies with the conditions of the person's licence or other authority granted by the participating State, to the extent that those conditions apply to the transportation of the controlled waste.\nCommonwealth Act means the National Environment Protection Council Act 1994 of the Commonwealth, as in force from time to time;\nconsignment authorisation has the same meaning as in the Controlled Waste Transport Measure;\ncontrolled waste has the same meaning as in the Controlled Waste Transport Measure;\nControlled Waste Transport Measure means the National Environment Protection (Movement of Controlled Waste Between States and Territories) Measure made on 26 June 1998 and as in force from time to time under the Commonwealth Act;\nparticipating State means a participating State, or a participating Territory, within the meaning of the Controlled Waste Transport Measure.\n107—Exemption from Act—Maralinga nuclear test site\n\t(1)\tThe following classes of persons are exempt from the application of the Act in respect of site contamination or any other matter caused by, or related to, the British Nuclear Test Program and minor trials conducted at the Maralinga nuclear test site:\n\t(a)\tthe Crown in right of the State;\n\t(b)\tso far as the Act binds the Crown in its other capacities—the Crown in those other capacities;\n\t(c)\tMaralinga Tjarutja.\n\t(2)\tAn activity undertaken in accordance with the Maralinga nuclear test site handback deed, or the management plan for the Maralinga nuclear test site, is exempt from the application of the Act.\nBritish Nuclear Test Program, minor trials, Maralinga nuclear test site, Maralinga nuclear test site handback deed and Maralinga Tjarutja have the same meaning as in the Maralinga Tjarutja Land Rights Act 1984;\nmanagement plan, for the Maralinga nuclear test site, has the same meaning as in Part 3 Division 1B of the Maralinga Tjarutja Land Rights Act 1984.\n108—Cultana Training Area\n\t(1)\tAn activity undertaken within the Cultana Training Area by or on behalf of, or with the authority or permission of, the Commonwealth Department of Defence or an arm of the Australian Defence Force is exempt from the application of the Act.\nCultana Training Area means the land comprised by the following:\n\t(a)\tthe Allotment comprising Pieces 81, 82 and 83 in Deposited Plan 85852 Out of Hundreds (Port Augusta);\n\t(b)\tAllotment 6 in Deposited Plan 88907 Hundred of Handyside County of Manchester and Out of Hundreds (Port Augusta);\n\t(c)\tSections 4, 13, 14 and 15, Hundred of Jenkins County of Manchester;\n\t(d)\tAllotment 7 in Deposited Plan 29397 Out of Hundreds (Port Augusta);\n\t(e)\tthe Allotment comprising the Pieces 8, 9, 10 and 11 in Deposited Plan 29397 Out of Hundreds (Port Augusta);\n\t(f)\tAllotment 68 in Deposited Plan 85851 Hundred of Cultana County of York;\n\t(g)\tAllotment 72 in Deposited Plan 85851 Hundred of Cultana County of York;\n\t(h)\tthe Allotment comprising Pieces 30, 31 and 32 in Deposited Plan 85850 Out of Hundreds (Whyalla), Out of Hundreds (Port Augusta) and Hundred of Cultana County of York;\n\t(i)\tAllotment 67 in Deposited Plan 93251, Hundred of Cultana County of York and Out of Hundreds (Port Augusta).\n109—SA Motorsport Park\n\t(1)\tThe conduct of—\n\t(a)\ta motor sport activity on a motor racing circuit; or\n\t(b)\ta motor sport event on a motor racing circuit, or a recreational, artistic, cultural or other similar activity, including a street party, associated with the motor sport event,\nwithin the SA Motorsport Park is exempt from the application of the general environmental duty under section 25 of the Act in relation to noise and Part 4 of the Environment Protection (Commercial and Industrial Noise) Policy 2023 if the activity or event (as the case requires) is conducted in accordance with any guidelines in relation to noise approved by the Authority.\nSA Motorsport Park means the land within the shaded area in the map set out in Schedule 5 and described as the \"SA Motorsport Park Development Site\".\n110—Transitional provisions relating to bodies corporate under repealed Acts\n\t(1)\tIn this regulation—\nformer body corporate means—\n\t(a)\tthe Environmental Protection Council established under the Environmental Protection Council Act 1972; and\n\t(b)\tthe South Australian Waste Management Commission continued in existence under the Waste Management Act 1987.\n\t(2)\tPursuant to section 140(5) of the Act, the following provisions apply in relation to a former body corporate:\n\t(a)\ta reference to a former body corporate in an instrument or in a judgment, order or process of a court will be taken to be a reference to the Authority;\n\t(b)\tlegal proceedings commenced by or against a former body corporate may be continued by or against the Authority;\n\t(c)\tthe Registrar‑General will, on application by the Authority and on being furnished with such duplicate certificates of title or other documents as the Registrar‑General may require, register the Authority as the proprietor of an interest in land vested in the Authority by this regulation.\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Forms","content":"Schedule 1—Forms\n1—Form of notice of execution of warrant (regulation 12)\nNotice of execution of warrant\nEnvironment Protection Act 1993—section 88(7)\n*TO: The occupier of [insert address or description of place]\n*TO: The person apparently in charge of [insert description of vehicle]\nTAKE NOTICE that—\n\t•\t[insert name of magistrate], a magistrate, did at [insert time] on [insert date] issue a warrant to break into or open any part of, or anything in or on—\n* the place described above.\n* the vehicle described above.\n\t•\tI [insert name of authorised officer], an authorised officer under the Environment Protection Act 1993 did execute the warrant on [insert date].\n\t•\t* No property was seized.\n* The following items of property were seized:\n[insert details]\nSignature of authorised officer:\n*Strike out whichever is inapplicable\n2—Form of notice of right to elect to be prosecuted (regulation 13)\nCivil penalty for contravention—notice of right to elect to be prosecuted for contravention\nEnvironment Protection Act 1993—section 104A(3)\nFile Number:\nIssued by:\nTo: [insert title and full name, company name (if applicable), postal address and any other information relevant for service of the notice]\nNotice to alleged offender\n1\tThe Environment Protection Authority (the Authority) is satisfied that you have committed an offence by contravening a provision of the Environment Protection Act 1993 as follows:\nProvision contravened:\nAddress or location of contravention:\nDetails of contravention:\n2\tThe purpose of this notice is to advise you that you may, by written notice to the Authority, elect to be prosecuted for the contravention (see section 104A(3) of the Act).\nIf you do not elect to be prosecuted, the Authority may commence civil penalty proceedings under section 104A of the Act for the purpose of obtaining an order from the Court that you pay an amount as a civil penalty in respect of the contravention.\nIn these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities.\n3\tIf you elect to be prosecuted, rather than negotiating a civil penalty with the Authority or facing civil penalty proceedings, you must serve a written notice on the Authority within 21 days after service of this notice.\n","sortOrder":17},{"sectionNumber":"4","sectionType":"section","heading":"The following matters are relevant to the provision of a notice of election to the Authority:","content":"4\tThe following matters are relevant to the provision of a notice of election to the Authority:\n\t(1)\tThe notice must be addressed to the Authority as follows:\n[insert relevant information]\n\t(2)\tYou may choose to use the Attachment (below) or you may inform the Authority by your own letter, quoting your name and the File Number shown at the top of this document.\n\t(3)\tSection 104A of the Act may be found at www.legislation.sa.gov.au and additional information about the Act can be obtained from www.epa.sa.gov.au. Information concerning this notice can also be obtained by telephoning the Manager, Investigations Branch on [insert telephone number].\n\t(4)\tIf you do not, within 21 days after service of this notice, give notice to the Authority of election to be prosecuted, proceedings may be commenced to recover a civil penalty in the Environment, Resources and Development Court.\nAttachment—Notice to Authority of election to be prosecuted\nTo: Environment Protection Authority\n[insert address]\nFile number of notice under section 104A(3) of the Environment Protection Act 1993:\n[insert file number]\n* Individual\nI elect to be prosecuted for the alleged contravention specified in the notice of the file number set out above.\nName in full:\nContact details:\nSigned:\n* Company\nI, having authority to act for and on behalf of the company in this matter, give notice that the company elects to be prosecuted for the alleged contravention specified in the notice of the file number set out above.\nName of company:\nName in full of person with authority to act:\nContact details:\nSigned:\n*Strike out whichever is inapplicable\n","sortOrder":18},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Environmental authorisations—application and authorisation fees","content":"Schedule 2—Environmental authorisations—application and authorisation fees\nPart 1—Descriptions and maps of areas (regulation 3)\n1—Interpretation\n\t(1)\tIn this Schedule—\nGeocentric Datum of Australia 2020 or GDA2020 has the same meaning as in the determination under section 8A of the National Measurement Act 1960 of the Commonwealth for the recognised‑value standard of measurement of position;\nMap Grid of Australia 2020 or MGA2020 means the system of rectangular coordinates derived from a Universal Transverse Mercator projection of latitudes and longitudes based on the Geocentric Datum of Australia 2020.\n\t(2)\tFor the purposes of the descriptions in this Schedule—\n\t(a)\tall lines are geodesics based on the Geocentric Datum of Australia 2020; and\n\t(b)\tall coordinates are given according to the Map Grid of Australia 2020.\n\t(3)\tThe point references given in a description in this Schedule are references to the corresponding points in the map that follows the description.\n\t(4)\tThe maps included in this Schedule are provided for convenience of reference only.\n2—Adelaide airshed\nThe Adelaide airshed is comprised of the area contained within and bounded by a line commencing (in zone 54) at East 299122m, North 6173180m (point 1), then southerly to East 299122m, North 6103180m (point 2), then westerly to East 269122m, North 6103180m (point 3), then northerly to East 269122m, North 6173180m (point 4), then easterly to the point of commencement, but excluding that part of the area that is more than 300 metres above sea level.\n\n3—Mount Gambier airshed\nThe Mount Gambier airshed is comprised of the area contained within and bounded by a line commencing (in zone 54) at East 487223m, North 5821478m (point 1), then southerly to East 487223m, North 5806478m (point 2), then westerly to East 472223m, North 5806478m (point 3), then northerly to East 472223m, North 5821478m (point 4), then easterly to the point of commencement.\n\n4—Port Pirie airshed\nThe Port Pirie airshed is comprised of the area contained within and bounded by a line commencing (in zone 54) at East 230703m, North 6331481m (point 1), then southerly to East 231563m, North 6316507m (point 2), then westerly (in zone 53) to East 775530m, North 6315872m (point 3), then northerly to East 775530m, North 6330872m (point 4), then easterly to the point of commencement.\n\n5—Port River region\nThe Port River region comprises the waters (within the limits of the State and vested in the Crown) of the Adelaide Dolphin Sanctuary established by the Adelaide Dolphin Sanctuary Act 2005.\n\n6—Upper Spencer Gulf\nThe Upper Spencer Gulf is comprised of the waters north of a line (in zone 53) at North 6317894m and bounded by mean high water springs.\n\n7—Whyalla airshed\nThe Whyalla airshed is comprised of the area contained within and bounded by a line commencing (in zone 53) at East 745530m, North 6350872m (point 1), then southerly to East 745530m, North 6335872m (point 2), then westerly to East 730530m, North 6335872m (point 3), then northerly to East 730530m, North 6350872m (point 4), then easterly to the point of commencement.\n\nPart 2—Environment management component (regulation 28)\n8—Interpretation\n\t(1)\tA reference in this Part to a prescribed activity of environmental significance is to be taken to be a reference to the corresponding activity specified in Schedule 1 Part A of the Act.\n\t(2)\tA reference in this Part to a prescribed environmental measure means a reference to the following measures in place during the licence period:\n\t(a)\tfor an activity specified in clause 1(6) of Schedule 1 Part A of the Act (timber preservation works)—a system for the on‑site containment of the preservatives used in the works and for monitoring whether groundwater is contaminated by a preservative used in the works;\n\t(b)\tfor an activity specified in clause 3(4) of Schedule 1 Part A of the Act (wastewater treatment works)—a system for the disposal of wastewater collected or otherwise managed in the works involving the sustainable reuse of the wastewater or disposal of the wastewater to an evaporation lagoon;\n\t(c)\tfor an activity specified in clause 3(3)(a) of Schedule 1 Part A of the Act (landfill depot)—a leachate and landfill gas management system that complies with the guidelines entitled Environmental management of landfill facilities—Solid waste disposal as issued by the Authority in April 2019;\n\t(d)\tfor an activity specified in clause 6(1) of Schedule 1 Part A of the Act (meat processing works)—measures that result in wastewater produced at the works complying with each of the following levels:\n\t(i)\tless than 100 milligrams per litre of biochemical oxygen demand averaged over the licence period;\n\t(ii)\tan oil and grease level that is at least 99% less than that of the untreated wastewater;\n\t(e)\tfor an activity specified in clause 3(2)(a) of Schedule 1 Part A of the Act (composting works)—a system for preventing the contamination of groundwater by chemical substances in the compost, by means, for example, of a suitable lining under the compost;\n\t(f)\tfor an activity specified in clause 6(7) of Schedule 1 Part A of the Act (rendering or fat extraction works)—measures that result in wastewater produced at the works complying with each of the following levels:\n\t(i)\tless than 100 milligrams per litre of biochemical oxygen demand averaged over the licence period;\n\t(ii)\tan oil and grease level that is at least 99% less than that of the untreated wastewater;\n\t(g)\tfor an activity specified in clause 6(11) of Schedule 1 Part A of the Act (a winery or distillery)—measures that result in wastewater produced at the winery or distillery complying with each of the following levels:\n\t(i)\tan electrical conductivity or total dissolved solids load that is at least 50% lower than that of the untreated wastewater;\n\t(ii)\tless than 100 milligrams per litre of biochemical oxygen demand averaged over the licence period;\n\t(h)\tfor an activity specified in clause 8(6a) of Schedule 1 Part A of the Act (desalination plants)—\n\t(i)\tif wastewater is discharged from a desalination plant to a wastewater lagoon—\n\t(A)\tin the case of a class 1 prescribed environmental measure for the lagoon—a system for the disposal of the wastewater into the lagoon involving the sustainable reuse of the wastewater; and\n\t(B)\tin the case of a class 2 prescribed environmental measure for the lagoon—a lining system for the lagoon (for example, HDPE lining or a lining with an equivalent level of impermeability) for preventing the contamination of land and waters from wastewater discharged from the desalination plant into the lagoon; and\n\t(C)\tin the case of a class 3 prescribed environmental measure for the lagoon—a system enabling the detection of leakage, from the lagoon into surrounding land or waters, of wastewater discharged from the desalination plant into the lagoon; and\n\t(ii)\tif wastewater is discharged from a desalination plant to land other than a wastewater lagoon, in the case of a class 4 prescribed environmental measure for the discharge—a system for the disposal of the wastewater involving the sustainable reuse of the wastewater;\n\t(i)\tfor an activity specified in clause 8(9) of Schedule 1 Part A of the Act (Pumped hydroelectricity production works) both of the following measures:\n\t(i)\ta lining system for the water reservoir at the works or facility (for example, high density polyethylene lining or a lining with an equivalent level of impermeability) for preventing the contamination of surrounding land and waters from the storage of water used in the production of hydroelectricity;\n\t(ii)\ta system enabling the detection of leakage of water into surrounding land or waters from the water reservoir at the works or facility used to store water used in the production of hydroelectricity.\n\t(3)\tFor the purposes of the item relating to clause 8(9) of the Act in the table in clause 9 of this Part—\ncategory 1 pumped hydroelectricity works or facility means a pumped hydroelectricity works or facility—\n\t(a)\tat which the water used in the hydroelectricity production process has a salinity of 1 200 milligrams of total dissolved solids per litre or more; and\n\t(b)\tin respect of which the Authority has determined, in accordance with guidelines issued by the Authority, that there is, or is reasonable potential for, acid rock drainage into nearby underground, surface or marine waters as a result of the hydroelectricity production process at the works or facility;\ncategory 2 pumped hydroelectricity works or facility means a pumped hydroelectricity works or facility—\n\t(a)\tat which the water used in the hydroelectricity production process has a salinity of less than 1 200 milligrams of total dissolved solids per litre; and\n\t(b)\tin respect of which the Authority has determined, in accordance with guidelines issued by the Authority, that there is, or is reasonable potential for, acid rock drainage into nearby underground, surface or marine waters as a result of the hydroelectricity production process at the works or facility.\n\t(4)\tIn subclause (3)—\nsurface waters means waters other than underground waters;\nunderground waters means—\n\t(a)\twaters occurring naturally under the ground; or\n\t(b)\twaters introduced to an aquifer or other area under the ground including water pumped, diverted or released into a well for storage underground.\n9—Environment management component\n\nSchedule 1 of Act (clause reference)\nPrescribed activity of environmental significance\n(including indicator of level of activity if applicable)\nClause 1\nPetroleum and chemical\n\ncl 1(1)\nChemical storage and warehousing facilities\ncl 1(2)(a)(i)\nChemical works (inorganic) comprising—\n\n\t(a)\ta soda ash plant\n\n\t(b)\tworks associated with a uranium plant (where the main or a significant product is uranium)\n\n\t(c)\tworks of any other kind\ncl 1(2)(a)(ii)\nChemical works (organic) comprising—\n\n\t(a)\tworks emitting less than 100 tonnes of volatile organic compounds during the licence period\n\n\t(b)\tworks emitting 100 tonnes or more of volatile organic compounds during the licence period\ncl 1(2)(b)\nChemical works (salt production)\ncl 1(2)(c)\nChemical works (hydrogen production)\ncl 1(3)\nCoke works\ncl 1(5a)\nPetrol stations\ncl 1(5)(a)\nHydrocarbon storage works\ncl 1(5)(b)\nHydrocarbon production works comprising—\n\n\t(a)\tworks or facilities emitting less than 500 tonnes of volatile organic compounds during the licence period\n\n\t(b)\tworks or facilities emitting 500 tonnes or more but less than 1 000 tonnes of volatile organic compounds during the licence period\n\n\t(c)\tworks or facilities emitting 1 000 tonnes or more of volatile organic compounds during the licence period\ncl 1(6)\nTimber preservation works comprising—\n\n\t(a)\tworks using, during the licence period, boron or other light organic solvents approved by the Authority as preservatives presenting a low environmental risk\n\n\t(b)\tworks using, during the licence period, other preservatives (eg preservatives containing heavy metals or creosote)—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\nClause 2\nManufacturing and mineral processing\n\ncl 2(1)\nAbrasive blasting comprising—\n\n\t(a)\tmobile works\n\n\t(b)\tworks other than mobile works\ncl 2(2)\nHot mix asphalt preparation comprising—\n\n\t(a)\tmobile works\n\n\t(b)\tworks other than mobile works\ncl 2(3)\nCement works comprising—\n\n\t(a)\tworks emitting less than 100 tonnes of particulates during the licence period\n\n\t(b)\tworks emitting 100 tonnes or more of particulates during the licence period\ncl 2(4)\nCeramic works comprising—\n\n\t(a)\tglass works emitting 25 tonnes or more of particulates during the licence period\n\n\t(b)\tbrick works emitting 2 tonnes or more of fluorides during the licence period\n\n\t(c)\tother glass works or brick works\n\n\t(d)\tworks of any other kind (eg pottery works)\ncl 2(5)\nConcrete batching works (whether or not mobile)\ncl 2(6)\nDrum reconditioning or treatment works\ncl 2(7)\nFerrous and non‑ferrous metal melting works comprising—\n\n\t(a)\tworks producing emissions of more than 2 500 kilograms of volatile organic compounds during the licence period in respect of which—\n\n\t(i)\tthe Authority is satisfied of compliance by the licensee with the EPA odour criteria\n\n\t(ii)\tthe Authority is satisfied of non‑compliance by the licensee with the EPA odour criteria\n\n\t(b)\tworks producing emissions of 2 500 kilograms or less of volatile organic compounds during the licence period\ncl 2(8)\nMetallurgical works\ncl 2(9)\nMineral works\ncl 2(10)\nPulp or paper works\ncl 2(12)(a)\nSurface coating works (metal finishing)\ncl 2(12)(b)\nSurface coating works (hot dip galvanizing) comprising—\n\n\t(a)\tworks producing emissions to air during the licence period of 1 000 kilograms or more of zinc\n\n\t(b)\tworks producing emissions to air during the licence period of 100 kilograms or more but less than 1 000 kilograms of zinc\n\n\t(c)\tworks producing emissions to air during the licence period of less than 100 kilograms of zinc\ncl 2(12)(c)\nSurface coating works (spray painting or powder coating)\ncl 2(13)\nTimber processing works comprising—\n\n\t(a)\tworks producing emissions to air during the licence period of 50 tonnes or more of particulates\n\n\t(b)\tworks producing emissions to air during the licence period of less than 50 tonnes of particulates\ncl 2(14)\nMaritime construction works\ncl 2(15)\nVehicle production works\nClause 3\nResource recovery, waste disposal and related activities\n\ncl 3(1)\nWaste recovery facility comprising a depot, facility or works that, during the licence period, receives for preliminary treatment (or has the capacity for preliminary treatment of)—\n\n\t(a)\tmore than 200 000 tonnes of waste or other matter\n\n\t(b)\tmore than 100 000 tonnes but not more than 200 000 tonnes of waste or other matter\n\n\t(c)\tmore than 50 000 tonnes but not more than 100 000 tonnes of waste or other matter\n\n\t(d)\tmore than 20 000 tonnes but not more than 50 000 tonnes of waste or other matter\n\n\t(e)\tmore than 5 000 tonnes but not more than 20 000 tonnes of waste or other matter\n\n\t(f)\tmore than 2 000 tonnes but not more than 5 000 tonnes of waste or other matter\n\n\t(g)\tmore than 1 000 tonnes but not more than 2 000 tonnes of waste or other matter\n\n\t(h)\t1 000 tonnes or less of waste or other matter\ncl 3(2)(a)\nComposting works comprising—\n\n\t(a)\tdepot, facility or works producing or capable of producing, during the licence period, compost from green waste only—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(b)\tdepot, facility or works producing or capable of producing, during the licence period, compost from only animal manure or from only animal manure and green waste—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(c)\tdepot, facility or works producing or capable of producing, during the licence period, compost from waste of any other kind (whether or not in addition to animal manure or green waste)—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\ncl 3(2)(b)\nScrap metal treatment works\ncl 3(2)(c)\nTyre waste treatment works comprising a depot, facility or works, that has, during the licence period, the capacity to treat—\n\n\t(a)\tmore than 200 000 tonnes of tyre waste\n\n\t(b)\tmore than 100 000 tonnes but not more than 200 000 tonnes of tyre waste\n\n\t(c)\tmore than 50 000 tonnes but not more than 100 000 tonnes of tyre waste\n\n\t(d)\tmore than 20 000 tonnes but not more than 50 000 tonnes of tyre waste\n\n\t(e)\tmore than 5 000 tonnes but not more than 20 000 tonnes of tyre waste\n\n\t(f)\tmore than 2 000 tonnes but not more than 5 000 tonnes of tyre waste\n\n\t(g)\tmore than 1 000 tonnes but not more than 2 000 tonnes of tyre waste\n\n\t(h)\t1 000 tonnes or less of tyre waste\ncl 3(2)(d)\nWaste lead acid battery treatment works\ncl 3(2)(e)\nAny other waste reprocessing facility comprising a depot, facility or works that, during the licence period, receives or has the capacity to treat—\n\n\t(a)\tmore than 200 000 tonnes of waste or other matter\n\n\t(b)\tmore than 100 000 tonnes but not more than 200 000 tonnes of waste or other matter\n\n\t(c)\tmore than 50 000 tonnes but not more than 100 000 tonnes of waste or other matter\n\n\t(d)\tmore than 20 000 tonnes but not more than 50 000 tonnes of waste or other matter\n\n\t(e)\tmore than 5 000 tonnes but not more than 20 000 tonnes of waste or other matter\n\n\t(f)\tmore than 2 000 tonnes but not more than 5 000 tonnes of waste or other matter\n\n\t(g)\tmore than 1 000 tonnes but not more than 2 000 tonnes of waste or other matter\n\n\t(h)\t1 000 tonnes or less of waste or other matter\ncl 3(3)(a)\nLandfill depot comprising—\n\n\t(a)\ta depot, facility or works receiving more than 200 000 tonnes of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(b)\ta depot, facility or works receiving more than 100 000 tonnes but not more than 200 000 tonnes of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(c)\ta depot, facility or works receiving more than 50 000 tonnes but not more than 100 000 tonnes of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(d)\ta depot, facility or works receiving more than 20 000 tonnes but not more than 50 000 tonnes of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(e)\ta depot, facility or works receiving more than 5 000 tonnes but not more than 20 000 tonnes of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(f)\ta depot, facility or works receiving more than 2 000 tonnes but not more than 5 000 tonnes of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(g)\ta depot, facility or works receiving more than 1 000 tonnes but not more than 2 000 tonnes of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\n\t(h)\ta depot, facility or works receiving 1 000 tonnes or less of solid waste (other than waste fill) during the licence period—\n\n\t(B)\tthe licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the depot, facility or works\n\ncl 3(3)(b)\nLiquid waste depot comprising—\n\n\t(a)\ta depot, facility or works receiving more than 100 000 kilolitres of liquid waste during the licence period—\n\n\t(b)\ta depot, facility or works receiving more than 50 000 kilolitres but not more than 100 000 kilolitres of liquid waste during the licence period—\n\n\t(c)\ta depot, facility or works receiving more than 20 000 kilolitres but not more than 50 000 kilolitres of liquid waste during the licence period—\n\n\t(d)\ta depot, facility or works receiving more than 5 000 kilolitres but not more than 20 000 kilolitres of liquid waste during the licence period—\n\n\t(e)\ta depot, facility or works receiving more than 2 000 kilolitres but not more than 5 000 kilolitres of liquid waste during the licence period—\n\n\t(f)\ta depot, facility or works receiving more than 1 000 kilolitres but not more than 2 000 kilolitres of liquid waste during the licence period—\n\n\t(g)\ta depot, facility or works receiving 1 000 kilolitres or less of liquid waste during the licence period—\n\ncl 3(3)(c)\nIncineration depot, facility or works—\n\n\t(a)\tfor disposal of chemical waste\n\n\t(b)\tfor disposal of medical waste, cytotoxic waste and quarantine waste\n\n\t(c)\tfor disposal of solid municipal waste\n\n\t(d)\tfor disposal of solid trade waste\ncl 3(4)(a)\nWastewater treatment works located wholly or partly within the Mount Lofty Ranges Water Protection Area involving—\n\n\t(a)\tthe discharge of 500 megalitres or more of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(b)\tthe discharge of 100 megalitres or more but less than 500 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(c)\tthe discharge of 50 megalitres or more but less than 100 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(d)\tthe discharge of 20 megalitres or more but less than 50 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(e)\tthe discharge of less than 20 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\ncl 3(4)(b)\nWastewater treatment works located wholly outside of the Mount Lofty Ranges Water Protection Area or any other water protection area involving—\n\n\t(a)\tthe discharge of 1 000 megalitres or more of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(b)\tthe discharge of 500 megalitres or more but less than 1 000 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(c)\tthe discharge of 100 megalitres or more but less than 500 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(d)\tthe discharge of 50 megalitres or more but less than 100 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(e)\tthe discharge of 20 megalitres or more but less than 50 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\n\t(f)\tthe discharge of less than 20 megalitres of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or scheme\n\ncl 3(5)(a)\nActivity producing listed waste comprising—\n\n\t(a)\tan activity producing medical waste and no other listed waste during the licence period\n\n\t(b)\tin any other case—\n\n\t(i)\tan activity producing more than 250 tonnes of listed waste during the licence period\n\n\t(ii)\tan activity producing more than 100 tonnes but not more than 250 tonnes of listed waste during the licence period\n\n\t(iii)\tan activity producing more than 5 tonnes but not more than 100 tonnes of listed waste during the licence period\n\n\t(iv)\tan activity producing 5 tonnes or less of listed waste during the licence period\ncl 3(5)(b)\nReception or storage of listed waste comprising—\n\n\t(a)\ta depot, facility or works receiving more than 200 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(b)\ta depot, facility or works receiving more than 100 000 tonnes but not more than 200 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(c)\ta depot, facility or works receiving more than 50 000 tonnes but not more than 100 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(d)\ta depot, facility or works receiving more than 20 000 tonnes but not more than 50 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(e)\ta depot, facility or works receiving more than 5 000 tonnes but not more than 20 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(f)\ta depot, facility or works receiving more than 2 000 tonnes but not more than 5 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(g)\ta depot, facility or works receiving more than 1 000 tonnes but not more than 2 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(h)\ta depot, facility or works receiving 1 000 tonnes or less of listed waste during the licence period for resource recovery or transfer to another location\ncl 3(5)(c)\nTreatment of listed waste comprising—\n\n\t(a)\ta depot, facility or works receiving more than 200 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(b)\ta depot, facility or works receiving more than 100 000 tonnes but not more than 200 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(c)\ta depot, facility or works receiving more than 50 000 tonnes but not more than 100 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(d)\ta depot, facility or works receiving more than 20 000 tonnes but not more than 50 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(e)\ta depot, facility or works receiving more than 5 000 tonnes but not more than 20 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(f)\ta depot, facility or works receiving more than 2 000 tonnes but not more than 5 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(g)\ta depot, facility or works receiving more than 1 000 tonnes but not more than 2 000 tonnes of listed waste during the licence period for resource recovery or transfer to another location\n\n\t(h)\ta depot, facility or works receiving 1 000 tonnes or less of listed waste during the licence period for resource recovery or transfer to another location\ncl 3(6)(a)\nWaste transport business (category A)—\n\n\t(a)\tfor each vehicle that is an assessable vehicle during the licence period and is not used other than to collect and transport medical waste not exceeding 40 litres at any 1 time\n0.3\n\n\t(b)\tfor each vehicle that is an assessable vehicle during the licence period other than a vehicle referred to in paragraph (a)\n0.9\ncl 3(6)(b)\nWaste transport business (category B)—for each vehicle that is an assessable vehicle during the licence period\n0.3\nClause 4\nActivities in specified areas\n\ncl 4(1)\nBrukunga mine site and associated acid neutralisation plant\ncl 4(2)(a)\nDischarge during the licence period of stormwater to underground aquifers by means other than a stormwater drainage system from land or premises situated in the area of the City of Mount Gambier\ncl 4(2)(b)\nDischarge during the licence period of stormwater to underground aquifers from a stormwater drainage system situated in the City of Mount Gambier\ncl 4(2)(c)\nDischarge during the licence period of stormwater to underground aquifers from a stormwater drainage system situated in metropolitan Adelaide—\n\n\t(a)\tif 50 megalitres or more is discharged during the licence period\n\n\t(b)\tif 10 megalitres or more but not more than 50 megalitres is discharged during the licence period\n\n\t(c)\tif less than 10 megalitres is discharged during the licence period\nClause 5\nAnimal husbandry, aquaculture and other activities\n\ncl 5(1)\nCattle feedlots\ncl 5(3)\nSaleyards comprising—\n\n\t(a)\ta saleyard located within the South East Water Protection Area—\n\n\t(i)\tif 20 megalitres or more of effluent is produced at the saleyard during the licence period\n\n\t(ii)\tif less than 20 megalitres is produced at the saleyard during the licence period\n\n\t(b)\ta saleyard located outside the South East Water Protection Area—\n\n\t(i)\tif 20 megalitres or more of effluent is produced at the saleyard during the licence period\n\n\t(ii)\tif less than 20 megalitres is produced at the saleyard during the licence period\ncl 5(4)\nPiggeries comprising—\n\n\t(a)\ta piggery producing more than 200 000 kilograms of nitrogen during the licence period\n\n\t(b)\ta piggery producing more than 100 000 kilograms but not more than 200 000 kilograms of nitrogen during the licence period\n\n\t(c)\ta piggery producing more than 50 000 kilograms but not more than 100 000 kilograms of nitrogen during the licence period\n\n\t(d)\ta piggery producing more than 20 000 kilograms but not more than 50 000 kilograms of nitrogen during the licence period\n\n\t(e)\ta piggery producing not more than 20 000 kilograms of nitrogen during the licence period\ncl 5(5)\nPoultry farm comprising a broiler farm—\n\n\t(a)\twhere the total area of the sheds or structures used to keep the poultry is 13 500 square metres or more but less than 27 000 square metres\n\n\t(b)\twhere the total area of the sheds or structures used to keep the poultry is 27 000 square metres or more but less than 54 000 square metres\n\n\t(c)\twhere the total area of the sheds or structures used to keep the poultry is 54 000 square metres or more\nClause 6\nFood production and animal and plant product processing\n\ncl 6(1)\nMeat processing works comprising—\n\n\t(a)\tan abattoir and rendering plant producing 100 megalitres or more of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the plant or that all the wastewater is discharged to a sewer or to some other off‑site wastewater treatment works that are licensed or carried on under a licence\n\n\t(b)\tan abattoir and rendering plant producing less than 100 megalitres of wastewater during the licence period\n\n\t(c)\tworks not associated with a rendering plant producing 100 megalitres or more of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority that all the wastewater is discharged to a sewer or to some other off‑site wastewater treatment works that are licensed or carried on under a licence\n\n\t(ii)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\n\t(iii)\tin any other case\n\n\t(d)\tworks not associated with a rendering plant producing less than 100 megalitres of wastewater during the licence period\ncl 6(2)\nBreweries comprising—\n\n\t(a)\ta brewery producing 20 megalitres or more of wastewater during the licence period\n\n\t(b)\ta brewery producing less than 20 megalitres of wastewater during the licence period\n\n\t(c)\ta brewery disposing of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence during the licence period\ncl 6(4)\nFish processing works comprising—\n\n\t(a)\tworks disposing of wastewater to land (and not to marine or inland waters) during the licence period\n\n\t(b)\tworks disposing, during the licence period, of all wastewater to a sewer or other off-site wastewater treatment works that are licensed or carried on under a licence or works not disposing of wastewater at all during the licence period\ncl 6(5)\nMilk processing works comprising—\n\n\t(a)\tworks disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence\n\ncl 6(6)(a)\nProduce processing works (deep fat frying, roasting or drying) \ncl 6(6)(b)\nProduce processing works (disposing, during the licence period, of wastewater otherwise than to a sewer or community wastewater management system) comprising—\n\n\t(a)\tolive processing works\n\ncl 6(7)\nRendering or fat extraction works comprising—\n\n\t(a)\tworks producing 100 megalitres or more of wastewater during the licence period—\n\n\t(i)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or that all the wastewater is discharged to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence\n\n\t(b)\tworks producing less than 100 megalitres of wastewater during the licence period\ncl 6(8)\nCuring or drying works\ncl 6(9)\nTanneries or fellmongeries comprising—\n\n\t(a)\tworks disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence\n\n\t(b)\tworks of any other kind—\n\n\t(i)\tif the works produce more than 10 megalitres of wastewater during the licence period\n\n\t(ii)\tif the works produce 10 megalitres or less of wastewater during the licence period\ncl 6(10)\nWoolscouring or wool carbonising works comprising—\n\n\t(a)\tworks disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence\n\ncl 6(11)(a)\nWineries or distilleries (works outside the Mount Lofty Ranges Water Protection Area) comprising—\n\n\t(a)\tworks disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence\n\n\t(b)\tworks of any other kind (ie works not disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence)—\n\n\t(i)\tin the case of works producing 20 megalitres or less of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\n\t(ii)\tin the case of works producing more than 20 megalitres but no more than 60 megalitres of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\n\t(iii)\tin the case of works producing more than 60 megalitres of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\ncl 6(11)(b)\nWineries or distilleries (works within the Mount Lofty Ranges Water Protection Area) comprising—\n\n\t(a)\tworks disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence\n\n\t(b)\tworks not disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence—\n\n\t(i)\tin the case of works producing 10 megalitres or less of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\n\t(ii)\tin the case of works producing more than 10 megalitres but no more than 60 megalitres of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\n\t(iii)\tin the case of works producing more than 60 megalitres of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works\n\nClause 7\nMaterials handling and transportation\n\ncl 7(1)\nBulk shipping facilities\ncl 7(2)\nRailway operations\ncl 7(3)(a)\nCrushing, grinding or milling works (chemicals or rubber)\ncl 7(3)(b)\nCrushing, grinding or milling works (agricultural crop products) comprising—\n\n\t(a)\tolive processing works (whether or not mobile)—\n\n\t(i)\tin the case of works disposing, during the licence period, of all wastewater to a sewer or other off‑site wastewater treatment works that are licensed or carried on under a licence\n\n\t(b)\tmobile works other than olive processing works\n\n\t(c)\tworks of any other kind\ncl 7(3)(c)\nCrushing, grinding or milling works (rock, ores or minerals)\ncl 7(4)\nDredging—for each day on which dredging occurs during the licence period\ncl 7(5)\nCoal handling and storage\ncl 7(6)\nEarthworks drainage—for each day on which earthworks drainage is carried on during the licence period\n0.25\ncl 7(7)\nExtractive industries—\n\n\t(a)\twithin the Mount Lofty Ranges Water Protection Area\n\n\t(b)\tin any other area\nClause 8\nOther\n\ncl 8(1)\nAerodromes\ncl 8(2)(a)\nFuel burning comprising—\n\n\t(a)\tthe burning of coal or timber—\n\n\t(i)\tat premises within the Adelaide airshed—\n\n\t(ii)\tat premises in any other area—\n\n\t(b)\tthe burning of diesel in internal combustion engines for a total of less than 25 hours during the licence period\n\n\t(c)\tthe burning of diesel in any other circumstances or for any other purpose or the burning of any fuel other than coal, timber or diesel—\n\n\t(i)\tat premises within the Adelaide airshed—\n\n\t(ii)\tat premises in any other area—\n\ncl 8(2)(b)\nFuel burning comprising the burning of fuel to stove enamel or to bake or dry substances releasing dust or air impurities\ncl 8(3)\nHelicopter landing facilities\ncl 8(4)(a)\nMarinas and boating facilities (moorings or dry storage)\ncl 8(4)(b)\nMarinas and boating facilities (repair and maintenance facilities)\ncl 8(5)\nMotor racing or testing venues\ncl 8(6)\nShooting ranges\ncl 8(6a)\nDesalination plants comprising—\n\n\t(a)\ta desalination plant that discharges wastewater to the marine environment—\n\n\t(i)\tfor discharges of more than 2 megalitres but not more than 1 000 megalitres of wastewater during the licence period\n\n\t(ii)\tfor discharges of more than 1 000 megalitres but not more than 10 000 megalitres of wastewater during the licence period\n\n\t(iii)\tfor discharges of more than 10 000 megalitres during the licence period\n\n\t(b)\ta desalination plant that discharges wastewater to a wastewater lagoon—\n\n\t(i)\tfor discharges of more than 2 megalitres but not more than 50 megalitres of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of effective class 1, class 2 and class 3 prescribed environmental measures for the lagoon\n\n\t(B)\tif the licensee satisfies the Authority of the existence of effective class 2 and class 3 prescribed environmental measures for the lagoon\n\n\t(C)\tif the licensee satisfies the Authority of the existence of an effective class 1 prescribed environmental measure for the lagoon\n\n\t(ii)\tfor discharges of more than 50 megalitres but not more than 500 megalitres of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of effective class 1, class 2 and class 3 prescribed environmental measures for the lagoon\n\n\t(B)\tif the licensee satisfies the Authority of the existence of effective class 2 and class 3 prescribed environmental measures for the lagoon\n\n\t(C)\tif the licensee satisfies the Authority of the existence of an effective class 1 prescribed environmental measure for the lagoon\n\n\t(iii)\tfor discharges of more than 500 megalitres of wastewater during the licence period—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of effective class 1, class 2 and class 3 prescribed environmental measures for the lagoon\n\n\t(B)\tif the licensee satisfies the Authority of the existence of effective class 2 and class 3 prescribed environmental measures for the lagoon\n\n\t(C)\tif the licensee satisfies the Authority of the existence of an effective class 1 prescribed environmental measure for the lagoon\n\n\t(c)\ta desalination plant that discharges wastewater to inland waters or land (other than to a wastewater lagoon)—\n\n\t(i)\tfor discharges of more than 2 megalitres but not more than 50 megalitres of wastewater during the licence period—\n\n\t(A)\tif, in the case of the discharge of the wastewater to land, the licensee satisfies the Authority of the existence of an effective class 4 prescribed environmental measure for the discharge\n\n\t(ii)\tfor discharges of more than 50 megalitres but not more than 500 megalitres of wastewater during the licence period—\n\n\t(A)\tif, in the case of the discharge of the wastewater to land, the licensee satisfies the Authority of the existence of an effective class 4 prescribed environmental measure for the discharge\n\n\t(iii)\tfor discharges of more than 500 megalitres of wastewater during the licence period—\n\n\t(A)\tif, in the case of the discharge of the wastewater to land, the licensee satisfies the Authority of the existence of an effective class 4 prescribed environmental measure for the discharge\n\ncl 8(7)\nDischarges to marine or inland waters (heat, or antibiotic or chemical water treatments)—\n\n\t(a)\tfor discharges of 100 megalitres or more during the licence period\n\n\t(b)\tfor discharges of 10 megalitres or more but less than 100 megalitres during the licence period\n\n\t(c)\tfor discharges of less than 10 megalitres during the licence period\ncl 8(8)\nCremation or incineration of human or animal remains\ncl 8(9)\nPumped hydroelectricity production works comprising—\n\n\t(a)\tworks or a facility located in whole or in part in a water protection area—\n\n\t(i)\tin the case of a category 1 pumped hydroelectricity works or facility—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(ii)\tin the case of a category 2 pumped hydroelectricity works or facility—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(iii)\tin the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of 1 200 milligrams of total dissolved solids per litre or more—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(B)\tif the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility\n\n\t(iv)\tin the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of less than 1 200 milligrams of total dissolved solids per litre—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(B)\tif the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility\n\n\t(b)\tworks or a facility located outside a water protection area—\n\n\t(i)\tin the case of a category 1 pumped hydroelectricity works or facility—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(ii)\tin the case of a category 2 pumped hydroelectricity works or facility—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(iii)\tin the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of 1 200 milligrams of total dissolved solids per litre or more—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(B)\tif the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility\n\n\t(iv)\tin the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of less than 1 200 milligrams of total dissolved solids per litre—\n\n\t(A)\tif the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility\n\n\t(B)\tif the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility\n\n","sortOrder":19},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Site contamination","content":"Schedule 3—Site contamination\nPart 1—Potentially contaminating activities (regulation 48)\n1—Interpretation\nIn this Part—\nrecycling includes reprocessing, recovery and purification.\n2—Activities undertaken in course of business\n\nActivity\nDefinition\nAbrasive blasting\nOperation of works for abrasive blast cleaning or disposal of abrasive blasting material (including mobile abrasive blasting works and abrasive blast cleaning carried out in fully enclosed booths but excluding abrasive blast cleaning undertaken for residential purposes)\nAcid sulphate soil generation\nOxidation of iron sulphide in potential acid sulphate soil material (sulphidic material) resulting in formation of actual acid sulphate soil material or sulphuric material\nAgricultural activities\nAny of the following activities undertaken in the course of agriculture:\n\n\t(a)\tburial of animals or parts of animals;\n\n\t(b)\tburial of other waste;\n\n\t(c)\tirrigation using wastewater;\n\n\t(d)\tintensive application or administration of a listed substance to animals, plants, land or water (excluding routine spraying, in accordance with manufacturers' instructions, of pesticides used in broad‑acre farming)\nAirports, aerodromes or aerospace industry\nOperation of premises for commercial or charter aircraft take‑off and landing or manufacture, repair or maintenance of commercial or charter aircraft or aircraft equipment\nAnimal burial\nBurial of animals or parts of animals other than in the course of agriculture\nAnimal dips or spray race facilities\nOperation of animal dips or spray race facilities\nAnimal feedlots\nOperation of confined yards or areas for holding of animals and feeding of animals principally by mechanical means or by hand\nAnimal saleyards\nOperation of yards at which cattle, sheep or other animals are gathered and confined for the purpose of their sale, auction or exchange (including associated transport loading facilities and associated wastewater disposal)\nAsbestos disposal\nDisposal of asbestos or asbestos products\nAsphalt or bitumen works\nOperation of works for manufacture of asphalt or bitumen \nBattery manufacture, recycling or disposal\nAssembly, disassembly, manufacture or recycling of batteries (excluding storage of batteries for sale)\nBreweries\nProduction of beer by infusion, boiling or fermentation\nBrickworks\nProduction of bricks (including glazing of bricks)\nBulk shipping facilities\nOperation of facilities for bulk handling of agricultural crop products, rock, ores, minerals or liquid organic chemical substances to or from wharf or wharfside facility (including sea‑port grain terminals)\nCement works\nOperation of works for production of cement clinker or grinding of cement clinker using argillaceous and calcareous materials\nCeramic works\nOperation of works for manufacture of tiles, pipes, pottery goods, refractories or other ceramic products\nCharcoal manufacture\nManufacture of charcoal\nCoal handling or storage\nHandling of coal, coke or carbonaceous material by any means or storage of coal, coke or carbonaceous reject material\nCoke works\nProduction, quenching, cutting, crushing or grading of coke\nCompost or mulch production or storage\nProduction or storage of compost, mulch or garden soils\nConcrete batching works\nOperation of works for production of concrete or concrete products manufactured by inclusion of cement, sand, rock, aggregate or similar materials\nCuring or drying works\nOperation of works for smoking, drying or curing meat, fish or other edible products by application of heat or smoke\nDefence works\nOperation of military defence establishments (including training areas)\nDesalination plants\nOperation of desalination plants\nDredge spoil disposal or storage\nDisposal of dredge spoil onto land or storage of dredge spoil\nDrum reconditioning or recycling works\nOperation of works for reconditioning or recycling of metal or plastic drums\nDry cleaning\nOperation of premises for dry cleaning\nElectrical or electronics component manufacture\nManufacture of electrical or electronics components\nElectrical substations\nOperation of electrical substations\nElectrical transformer or capacitor works\nOperation of works for manufacture, repair, storage or disposal of electrical transformers, capacitors or associated equipment or fluids\nElectricity generation or power plants\nOperation of electricity generation or power plants\nExplosives or pyrotechnics facilities\nOperation of facilities for manufacture of explosives or pyrotechnics\nFertiliser manufacture\nManufacture of agricultural fertiliser\nFibreglass manufacture\nManufacture of fibreglass products\nFill or soil importation\nImportation, to premises of a business, of soil or other fill originating from a site at which another potentially contaminating activity has taken place\nFire extinguisher or retardant manufacture\nManufacture of fire extinguishers or fire retardants\nFire stations\nUnderground storage of fuel at fire stations\nFire training areas\nOperation of premises for fire training involving the use of liquid fuel, fire accelerants, aqueous film forming foam or similar substances\nFoundry\nManufacture of metal products by injecting or pouring molten metal into moulds\nFuel burning facilities\nBurning of solid or liquid fuel (including for generation of power or steam at rate of heat release exceeding 1MW)\nFurniture restoration\nRestoration of furniture\nGasworks\nOperation of gasworks or gas holders\nGlass works\nOperation of works for manufacture of glass products\nGlazing\nGlazing of ceramics or pottery\nHat manufacture or felt processing\nManufacture of hats or processing of felt\nIncineration\nIncineration within the meaning of Schedule 1 Part A clause 3(1) of the Act\nIron or steel works\nOperation of works for manufacture of iron or steel\nLaboratories\nOperation of laboratories\nLandfill sites\nOperation of sites for disposal of waste onto or into land\nLime burner\nManufacture (by means of kiln) of cement or lime from limestone (including associated storage of waste)\nMetal coating, finishing or spray painting\nFinishing, treating or coating of metal (including anodising, galvanising, pickling, electroplating, heat treatment, powder coating, enamelling and spray painting)\nMetal forging\nForging of metal products\nMetal processing, smelting, refining or metallurgical works\nOperation of works for melting (by means of furnace) of ferrous or non‑ferrous metal or smelting or reduction of ores to produce metal\nMineral processing, metallurgical laboratories or mining or extractive industries\nChemical or physical extraction or processing of metalliferous ores, storage of mining or exploration waste (for example, in tailings dams, overburden or waste rock dumps) mining or processing of minerals or operation of laboratories or pilot facilities for processing or testing of minerals\nMirror manufacture\nManufacture of mirrors\nMotor vehicle manufacture\nManufacture of motor vehicles\nMotor vehicle racing or testing venues\nOperation of facilities designed and used for motor vehicle competitions or motor vehicle speed or performance trials\nMotor vehicle repair or maintenance\nOperation of premises for repair or maintenance of motor vehicles or parts of motor vehicles (including engine reconditioning works)\nMotor vehicle wrecking yards\nOperation of yards for wrecking or dismantling of motor vehicles or parts of motor vehicles\nMushroom farming\nFarming of mushrooms\nOil recycling works\nOperation of works for recycling of oil\nOil refineries\nOperation of works for refining of crude petroleum oil or shale\nPaint manufacture\nManufacture (including blending, mixing and formulation) of paint\nPest control works\nOperation of premises for storage of pesticides or filling or washing of tanks used in pest control operations\nPlastics manufacture works\nOperation of works for manufacture (including blending, mixing and formulation) of plastics or plastic components (excluding processing and moulding of plastics manufactured elsewhere)\nPrinting works\nOperation of printing works\nPulp or paper works\nOperation of works for manufacture of timber pulp or paper\nRailway operations\nRailway operations within the meaning of Schedule 1 Part A clause 7(2) of Act\nRubber manufacture or processing\nManufacture or processing of rubber or rubber products\nScrap metal recovery\nRecovery (including cleaning) of scrap metal\nService stations\nOperation of retail fuel outlets\nShip breaking\nWrecking or dismantling of ships\nSpray painting\nSpray painting other than spray painting of metal\nTannery, fellmongery or hide curing\nOperation of works for preservation or treatment of animal skins or hides\nTextile operations\nManufacture or dyeing of fabrics or materials\nTransport depots or loading sites\nOperation of transport depots or loading sites\nTyre manufacture or retreading\nManufacture or retreading of tyres\nVermiculture\nCultivation of earthworms for production of earthworms or earthworm castings\nVessel construction, repair or maintenance\nOperation of works or facilities (whether on water or land) for construction, repair or maintenance of vessels\nWaste depots\nReception, storage or treatment (including recycling) of waste or disposal of waste to land or water\nWastewater storage, treatment or disposal\nStorage (including in tanks, lagoons and ponds) or treatment (including recycling) of wastewater or disposal of wastewater to land or water\nWater discharge to underground aquifer\nDirect discharge of water from surface of land to underground aquifer\nWetlands or detention basins\nOperation of bodies of water less than 6 metres deep for collection and management of stormwater or other wastewater for urban amenity, flood mitigation or ecological or other environmental purposes\nWineries or distilleries\nOperation of works for processing grapes or other produce to make wine or spirits\nWood preservation works\nOperation of works involving treatment or preservation of timber using chemicals\nWoolscouring or wool carbonising works\nOperation of works involving cleaning or carbonising of wool other than in course of handicraft business where wool is further processed for retail sale\nWorks depots\nOperation of works depots by councils or utilities\n3—Domestic activities\n\nActivity\nDefinition\nFill or soil importation\nImportation, to domestic premises, of soil or other fill originating from a site at which another potentially contaminating activity has taken place\nLiquid organic chemical substances—storage\nStorage of more than 500 litres of liquid organic chemical substances in underground or aboveground tanks or vessels at a discrete premises (excluding storage of oil for domestic heating at the premises)\n4—Listed substances\nAcidic solutions\nAcids\nAdhesives (excluding solid inert polymeric materials)\nAlkali metals\nAlkaline earth metals\nAlkaline solutions\nAlkalis\nAntimony\nAntimony compounds\nAntimony solutions\nArsenic\nArsenic compounds\nArsenic solutions\nAsbestos\nBarium compounds\nBarium solutions\nBeryllium\nBeryllium compounds\nBoron\nBoron compounds\nCadmium\nCadmium compounds\nCadmium solutions\nCalcium carbide\nCarbon disulphide\nCarcinogens\nChlorates\nChromium compounds\nChromium solutions\nCopper compounds\nCopper solutions\nCyanide complexes\nCyanides\nCyanide solutions\nCytotoxic wastes\nDangerous substances within the meaning of the Dangerous Substances Act 1979\nDistillation residues\nEquipment containing mercury\nFluoride compounds\nHalogens\nHeterocyclic organic compounds containing oxygen, nitrogen or sulphur\nIsocyanate compounds (excluding solid inert polymeric materials)\nLaboratory chemicals\nLead compounds\nLead solutions\nLime sludges or slurries\nLiquid organic chemical substances\nManganese compounds\nMedical waste within the meaning of Schedule 1 Part B of the Act\nMercaptans\nMercury compounds\nMutagens\nNickel compounds\nNickel solutions\nNitrates\nOrganic halogen compounds (excluding solid inert polymeric materials)\nOrganic phosphates\nOrganic solvents\nOrganometallic residues\nOxidising agents\nPaint sludges or residues\nPerchlorates\nPeroxides\nPesticides\nPharmaceutical wastes or residues\nPhenolic compounds (excluding solid inert polymeric materials)\nPhosphorus\nPhosphorus compounds\nPoisons within the meaning of the Controlled Substances Act 1984\nPolychlorinated biphenyls\nRadionuclides\nReactive chemicals\nReducing agents\nSelenium\nSelenium compounds\nSelenium solutions\nSilver compounds\nSilver solutions\nSolvent recovery residues\nSulphides\nSulphide solutions\nSurfactants\nTeratogens\nThallium\nThallium compounds\nThallium solutions\nVanadium compounds\nZinc compounds\nZinc solutions\nPart 2—Annual returns by auditors (regulation 63)\n5—Form of annual return\nAnnual return by auditor\n(under section 103Y of the Environment Protection Act 1993)\nPeriod to which annual return relates***:\nTerm of auditor’s accreditation:                                        to\nAuditor’s business address:\nAuditor’s business telephone number(s):\nAuditor’s fax number:\nAuditor’s email address:\nProvide details** of each audit undertaken during the period to which the return relates*** for which the auditor was the responsible auditor* including the following details for each audit:\n\t•\tthe EPA reference and site location;\n\t•\tif the person for whom the audit has been commissioned is different to the person last notified to the EPA, the name of the new person and the person's commissioning authority (eg EPA, owner, occupier, developer or other);\n\t•\twhether the audit was, during that period, commenced, ongoing, completed or terminated before completion;\n\t•\tif the audit was commenced, completed or terminated during that period, the date of commencement, completion or termination.\nHas the auditor, during the period to which the return relates***, under these regulations or under legislation similar to these regulations in force in another State or Territory of the Commonwealth—\n\n\t•\tbeen the subject of disciplinary action (or any preliminary investigations preceding such possible action)?\n\t•\thad their accreditation or similar authority suspended or cancelled?\n\t•\tbeen disqualified from acting as a site contamination auditor?\n\t•\thad conditions imposed on their accreditation or similar authority limiting the range of activities that they may undertake?\n\t•\thad an application for such accreditation or similar authority refused?\nIf yes to any of the above questions, provide details**:\nWhat is the amount and the expiry date of the policy of professional indemnity insurance held by the auditor or by which the auditor is covered?\nIndicate auditor’s current employment status:\n\nEmployee\nSelf employed\nPartner\nUnemployed\nOther [provide details]:\n\nIndicate auditor’s current accreditation status under these regulations:\n\nAccredited\nUnder suspension other than voluntary suspension\nUnder voluntary suspension\nPreviously accredited\nOther [provide details]:\n\nIndicate details of any professional development or training relating to site contamination undertaken by the auditor during the period to which the return relates***:\nTo the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.\n* This form must be completed and signed by the responsible auditor, being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audits.\n*** The period to which the return relates is the 12 month period commencing 8 weeks before the anniversary of the day on which the auditor's accreditation was last renewed or, in the case of an auditor in their first year of accreditation, the period from the day on which the auditor's accreditation was granted to 8 weeks before the anniversary of that day.\nThis annual return must be lodged with the EPA in accordance with section 103Y of the Environment Protection Act 1993.\nPart 3—Notifications by auditors after commencement or termination of audit (regulation 64)\n6—Form of notification by auditor after commencement of audit\nNotification by auditor after commencement of audit\n(under section 103Z of the Environment Protection Act 1993)\nTerm of auditor’s accreditation:                                        to\nAuditor’s project reference:\nName of council for area in which audit site is situated [if within council area]:\nProvide the following particulars** relating to the relevant land and the audit site:\n\t•\tcertificates of title of all the relevant land and an indication of whether the audit site comprises all or part only of the land shown on or described in the certificates of title;\n\t•\tdetails sufficient to identify the location of the land, including section or allotment numbers, area and hundred and coordinates (GDA2020/MGA2020 and associated zone (52, 53 or 54));\n\t•\taudit plans indicating the location and extent of the audit site (which must comply with the guidelines issued by the EPA from time to time).\nName of owner of audit site:\nName of occupier of audit site:\nName, postal address and position of person who commissioned audit:\nIndicate authority of person who commissioned audit:\n\nEPA\n\nIndicate reasons for audit [indicate all reasons]:\n\nRequired under the Development Act 1993\nRequired under the Planning, Development and Infrastructure Act 2016\nRequired under the Environment Protection Act 1993\n\nIf audit is required under the Environment Protection Act 1993, provide EPA reference number:\nIndicate audit purposes [indicate all purposes]:\n\nDetermining the nature and extent of any site contamination present or remaining on or below the surface of the site\nDetermining the suitability of the site for a sensitive use or another use or range of uses\nDetermining what remediation is or remains necessary for a specified use or range of uses\n[NB: An audit may be required for all of the above purposes.] \nDate of commencement of audit:\nEstimated date of completion of audit:\nIf this audit is 1 of a series of audits to be undertaken in relation to the audit site, indicate the total number of audits proposed to be undertaken (if known) and the completion or estimated completion dates for those audits (if known)**:\nIndicate:\n\t•\tproposed site use:\n\t•\tcurrent site use, or, if currently unoccupied, most recent site use:\n\t•\tany potentially contaminating activities (within the meaning of regulation 48 of these regulations) known to have occurred at the site:\nIf audit is required under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, indicate:\n\t•\trelevant authority:\n\t•\tdevelopment application number [if known]:\n\t•\tsite zoning:\nI am not aware of any conflict of interest within the meaning of section 103X of the Environment Protection Act 1993 that would preclude me from undertaking this audit.\nTo the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.\n* This form must be completed and signed by the \"responsible auditor\", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.\nThis notification must be lodged with the EPA.\nDetails of this notification will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993.\n7—Form of notification by auditor after termination (before completion) of audit\nNotification by auditor after termination (before completion) of audit\n(under section 103Z of the Environment Protection Act 1993)\nEPA reference:\nName, postal address and position of person who terminated audit:\nIndicate authority of person who terminated audit:\n\nEPA\nAuditor\n\nDate audit terminated:\nReasons for termination**:\nTo the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.\n* This form must be completed and signed by the \"responsible auditor\", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.\nThis notification must be lodged with the EPA.\nDetails of this notification will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993.\nPart 4—Site contamination audit statement (regulation 65)\n8—Form of site contamination audit statement\nSite contamination audit statement\n(under section 103Z of the Environment Protection Act 1993)\nThis statement contains the summary of the findings of the site contamination audit set out in the site contamination audit report titled: [insert title of site contamination audit report] (referred to in this form as the report) dated: [insert report date]\nAuditor’s project reference:\nEPA reference:\nName of council for area in which audit site is situated [if within council area]:\nProvide the following particulars** relating to the relevant land and the audit:\n\t•\tcertificates of title of all the relevant land and an indication of whether the audit site comprises all or part only of the land shown on or described in the certificates of title;\n\t•\tdetails sufficient to identify the location of the land, including section or allotment numbers, area and hundred and coordinates (GDA2020/MGA2020 and associated zone (52, 53 or 54));\n\t•\tif the audit site comprises part only of the land described in the certificates of title, or if there is no certificate of title for the land comprising the audit site—survey plans prepared by a licensed surveyor;\n\t•\taudit plans indicating the location and extent of the audit site (which must comply with the guidelines issued by the EPA from time to time).\nName of owner of audit site:\nName of occupier of audit site:\nName, postal address and position of person who commissioned audit:\nIndicate authority of person who commissioned audit:\n\nEPA\n\nReasons for audit [indicate all reasons]:\n\nRequired under the Development Act 1993\nRequired under the Planning, Development and Infrastructure Act 2016\nRequired under the Environment Protection Act 1993\n\nIf audit was required under the Environment Protection Act 1993, provide EPA reference number:\nAudit purposes [indicate all purposes]:\n\nDetermining the nature and extent of any site contamination present or remaining on or below the surface of the site\nDetermining the suitability of the site for a sensitive use or another use or range of uses\nDetermining what remediation is or remains necessary for a specified use or range of uses\n[NB: An audit may be required for all of the above purposes.] \nIf audit was required under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, provide:\n\t•\tname of relevant authority:\n\t•\tdevelopment application number [if known]:\n\t•\tsite zoning:\n\t•\tproposed site use:\nDate of commencement of audit:\nDate of notification of commencement of audit to EPA:\nDate of completion of audit:\nSummary of findings\nProvide the summary of the findings of the site contamination audit as set out in the report.\nIf there is insufficient space on this form, provide the summary as an annexure to this form.\n[NB: A site contamination audit report must comply with the guidelines from time to time issued by the EPA.]\nCertification of copy of summary of findings\nI certify that the summary of findings contained within or annexed to this statement represents a true and accurate summary of the findings of the site contamination audit set out in the report.\n* This form must be completed and signed by the \"responsible auditor\", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.\nThis site contamination audit statement must be lodged, on completion of the audit, with the council for the area in which the audit site is situated and any prescribed body (see regulation 66 of these regulations).\nThe report (including the summary of findings) will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993.\n","sortOrder":20},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Fees and levy","content":"Schedule 4—Fees and levy\nPart 1—Fees\n1—Fee unit\nIn these regulations (except Part 2 of this Schedule), the monetary value of a fee unit is—\n\t(a)\tfor the purposes of the annual authorisation fee for a licence (including a projected annual authorisation fee under regulation 26(5) and (6))—\n\t(i)\tfor the flat fee component—$82.50;\n\t(ii)\tfor the environment management component—$1 011.00;\n\t(iii)\tfor the pollutant load‑based component—$8.15;\n\t(iv)\tfor the water reuse component—$20.40;\n\t(b)\tfor all other purposes—$25.25.\n2—Miscellaneous fees\n\nApplication for approval of the transfer of an environmental authorisation (section 49(5) of the Act)—\n\n\t(a)\tif the authorisation fee last paid or payable was less than $1 000\n5 fee units\n\n\t(b)\tif the authorisation fee last paid or payable was not less than $1 000 but not more than $1 999\n10 fee units\n\n\t(c)\tif the authorisation fee last paid or payable was not less than $2 000 but not more than $4 999\n20 fee units\n\n\t(d)\tif the authorisation fee last paid or payable was not less than $5 000 but not more than $9 999\n30 fee units\n\n\t(e)\tif the authorisation fee last paid or payable was not less than $10 000 but not more than $49 999\n50 fee units\n\n\t(f)\tif the authorisation fee last paid or payable was $50 000 or more\n100 fee units\nBeverage container approvals and annual fees (Part 8 Division 2 of the Act)—\n\n\t(a)\tapplication for approval of a class of containers as category A or category B containers (section 68 of the Act)—\n\n\t(i)\tfor 1 class of container\n15 fee units\n\n\t(ii)\tfor 2 to 5 classes of container (inclusive)\n25 fee units\n\n\t(iii)\tfor 6 to 10 classes of container (inclusive)\n37 fee units\n\n\t(iv)\tfor 11 to 20 classes of container (inclusive)\n61 fee units\n\n\t(v)\tfor more than 20 classes of container\n109 fee units\n\n\t(b)\tapplication for approval to operate a collection depot (section 69 of the Act)—\n\n\t(i)\tfor a collection depot other than a reverse vending machine\n7 fee units\n\n\t(ii)\tfor a reverse vending machine\n18 fee units\n\n\t(c)\tapplication for approval to carry on business as a super collector (section 69 of the Act)\n43 fee units\n\n\t(d)\tannual fee for operating a collection depot (section 69A of the Act)—\n\n\t(i)\tfor a collection depot within metropolitan Adelaide\n15 fee units\n\n\t(ii)\tfor a collection depot outside metropolitan Adelaide\n7.5 fee units\n\n\t(e)\tannual fee for carrying on business as a super collector (section 69A of the Act)\n32 fee units\nAccreditation as site contamination auditor (section 103V of the Act and Part 5 Division 2 of the regulations)—\n\n\t(a)\tapplication for accreditation (regulation 52)\n$621.00\n\n\t(b)\tgrant of accreditation (regulation 53) or renewal of accreditation (regulation 57)\n$6 370.00\n\n\t(c)\tannual fee for accreditation (regulation 56)\n$3 686.00\n\n\t(d)\treplacement of certificate of accreditation or identity card (regulation 60)\n$82.50\nInspection of the register (section 109(5) of the Act)—\n\n\t(a)\teach manual inspection\n\n\t(b)\teach inspection requiring access to a computer—\n\n\t(i)\tfor the first 10 minutes (or part of that 10 minutes) of access\n\n\t(ii)\tfor each additional 10 minutes (or part of that 10 minutes) of access\nCopy of part of the register (section 109(6) of the Act)—\n\n\t(a)\tfirst page\n$6.50\n\n\t(b)\teach additional page\n$2.30\nPart 2—Waste depot levy\n3—Waste depot levy\n\t(1)\tPursuant to section 113 of the Act (but subject to Part 6 of these regulations and this clause), the prescribed levy payable by the holder of a licence to conduct a waste disposal depot in respect of waste received at the depot is—\n\n\t(a)\tfor solid waste—\n\n\t(i)\tin the case of a licence holder that is a council that has made an election under regulation 82 (per tonne of solid waste disposed of at the depot)\n\t(ii)\tin the case of the holder of a licence to conduct a landfill depot or incineration depot (not being a licence holder referred to in subparagraph (i)) (per tonne of designated solid waste disposed of, used or handled at the depot)—\n\n\t(A)\tif the depot is situated outside of metropolitan Adelaide and the waste has been brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide\n\t(B)\tif the depot is situated within metropolitan Adelaide and the waste has been brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide\n$166.00\n\t(b)\tfor liquid waste (per kilolitre disposed of at the depot)\n$45.00\n\t(2)\tIf under the licence the waste disposal depot is required to cover landfill at the depot with material on a daily or more frequent basis, the amount of the levy payable in respect of the waste under subclause (1)(a)(ii) is to be subject to a deduction calculated in accordance with the following formula:\n\nPCD is the percentage cover deduction of 10%\nW is the total amount of designated solid waste (in tonnes) disposed of (including any waste used as cover for landfill) at the depot in the relevant period\nLR is the average levy rate paid per tonne of solid waste disposed of at the depot in the relevant period (excluding any solid waste in respect of which payment of all or part of the levy is waived or refunded under section 116 of the Act).\nTo the extent to which the calculation of the levy payable under this clause following the application of the deduction under this subclause results in an amount that is less than $0, that amount, to the extent that it is less than $0, is to be disregarded and may not be carried over to another period.\n\t(3)\tFor the purposes of this clause, designated solid waste means the following solid waste (including waste fill):\n\t(a)\tsolid waste disposed of at the depot;\n\t(b)\tsolid waste used as cover for landfill at the depot on a daily or more frequent basis;\n\t(c)\tsolid waste used at the depot for an operational use, other than an approved operational use;\n\t(d)\tsolid waste that is the subject of unauthorised stockpiling at the depot;\n\t(e)\tsolid waste that has been stockpiled at the depot in contravention of the relevant licence.\n\t(4)\tIn this clause—\napproved operational use has the same meaning as in regulation 70;\nincineration depot means a depot, facility or works referred to in Schedule 1 Part A clause 3(3)(c) of the Act;\nlandfill depot means a depot, facility or works referred to in Schedule 1 Part A clause 3(3)(a) of the Act;\noperational use has the same meaning as in regulation 67(1);\nwaste disposal depot means a depot, facility or works referred to in Schedule 1 Part A clause 3(3) of the Act.\nSchedule 5—SA Motorsport Park Map\n\nSchedule 6—Transitional provisions\nPart 2—Transitional provisions\n2—Interpretation\nIn this Part—\nrepealed regulations means the Environment Protection Regulations 2009.\n3—Continuation of exemptions\n\t(1)\tAn exemption issued under regulation 71B of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 76 of these regulations.\n\t(2)\tAn exemption issued under regulation 73 of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 78 of these regulations.\n\t(3)\tAn exemption issued under regulation 74A(5) of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 80(4) of these regulations.\n\t(4)\tAn exemption issued under regulation 74B(8) of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 81(7) of these regulations.\n\t(5)\tAn exemption issued under regulation 75H of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 92 of these regulations.\n\t(6)\tAn exemption issued under regulation 75J of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 94 of these regulations.\n4—Continuation of accreditation in respect of prescribed activities of environmental significance\nAn accreditation as an accredited licensee in respect of a particular prescribed activity of environmental significance in force under regulation 36 of the repealed regulations immediately before the commencement of this clause will be taken to be an accreditation granted in respect of the licensee and activity under regulation 34 of these regulations.\n5—Continuation of accreditation of site contamination auditors\n\t(1)\tAn accreditation of a site contamination auditor in force under Part 5 Division 2 of the repealed regulations immediately before the commencement of this subclause will be taken to be an accreditation of the site contamination auditor under Part 5 Division 2 of these regulations.\n\t(2)\tThe accreditation under Part 5 Division 2 of these regulations is subject to the same conditions as the accreditation under the repealed regulations and will expire on the date on which the accreditation under those regulations would have expired.\n6—Application for accreditation and renewal of accreditation as site contamination auditor\n\t(1)\tAn application for accreditation as a site contamination auditor under regulation 54 of the repealed regulations made but not determined immediately before the commencement of this subclause will be taken to be an application made under regulation 52 of these regulations.\n\t(2)\tAn application for renewal of accreditation as a site contamination auditor under regulation 59 of the repealed regulations made but not determined immediately before the commencement of this subclause will be taken to be an application made under regulation 57 of these regulations.\n7—Continuation of approved weighbridges\nAn approval of a weighbridge in force under regulation 69 of the repealed regulations immediately before the commencement of this clause will be taken to be an approval of the weighbridge under regulation 69 of these regulations.\n8—Continuation of approved operational use declarations\nAn approved operational use declaration in force under regulation 69A(2) of the repealed regulations immediately before the commencement of this clause will be taken to be an approved operational use declaration under regulation 70(2) of these regulations.\n9—Continuation of approved volume measuring devices\nAn approval of a volume measuring device in force under regulation 71A(5)(b) of the repealed regulations immediately before the commencement of this clause will be taken to be an approval of the volume measuring device under regulation 75(5)(b) of these regulations.\n10—Continuation of approved volume calibration methods\nAn approval of a volume calibration method in force under regulation 71A(5)(e)(ii) of the repealed regulations immediately before the commencement of this clause will be taken to be an approval of the volume calibration method under regulation 75(5)(e) of these regulations.\n11—Continuation of video monitoring system notices\nA notice in force under regulation 75I(1) or (2) of the repealed regulations immediately before the commencement of this clause will be taken to be a notice issued under regulation 93(1) or (2) (respectively) of these regulations.\nLegislative history\nNotes\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 these regulations (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 revoked by principal regulations\nThe Environment Protection Regulations 2023 revoked the following:\nEnvironment Protection Regulations 2009\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\nGazette 9.11.2023 p3719 \n1.4.2024: r 2\nGazette 16.5.2024 p923\n1.7.2024: r 2\nGazette 6.6.2024 p1348\n1.7.2024: r 2\nGazette 15.5.2025 p1173\n1.7.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\nSch 4\n\nPt 1 before substitution by 20/2025\n\ncl 1\namended by 37/2024 r 3(1)—(4)\n\namended by 48/2024 r 3\ncl 2\n\ntable\namended by 37/2024 r 3(5)—(10)\nPt 1\nsubstituted by 20/2025 r 3(1)\n1.7.2025\nPt 2\n\ncl 3\n\ncl 3(1)\nsubstituted by 37/2024 r 3(11)\n\nsubstituted by 20/2025 r 3(2)\n1.7.2025\nSch 6\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\nHistorical versions\n\n","sortOrder":21}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is impossible — no legislative text was retrievable from the provided content. The page returned a 'Page Not Found' error, meaning the actual provisions, definitions, schedules, and operative clauses of the Environment Protection Regulations 2023 (SA) are entirely absent from this submission."},"complexity_factors":["No actual legislative text was provided — the submission contains only a website error page","There is nothing of legal substance to assess for complexity","Complexity score of 1 reflects the absence of content, not simplicity of the underlying law"],"plain_english_summary":"This page is a \"Page Not Found\" error from the South Australian legislation site, so the actual Environment Protection Regulations 2023 text was not retrieved. Anyone seeking those regulations (lawyers, regulators, businesses, researchers) should re-search legislation.sa.gov.au or contact OPCWeb@sa.gov.au for the correct link — no statutory content is available here."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"These Regulations replace and update the 2009 Regulations and move the Act from higher‑level provisions to a far more detailed and operational framework. The new regulations expand the Act's operational scope by: (a) specifying an extensive, multi‑tiered fee and levy system including pollutant‑based and water‑reuse fee components (regs 24–31; Schedule 2; Schedule 4 Part 2); (b) imposing detailed measurement, reporting and verification requirements on waste depots (regs 73–81, 86–91) and adding video monitoring (regs 93–94); (c) formalising a comprehensive accreditation, reporting and disciplinary regime for site contamination auditors (regs 51–66; Schedule 3); and (d) providing broad Authority discretion to approve methods, waive or grant exemptions, and calculate or adjust fees (regs 25(5), 69–71, 76–78, 31). Mechanically the instrument therefore moves beyond simply restating the Act by creating substantive new administrative obligations, precise costing mechanisms and stronger compliance and data‑collection tools that will materially affect regulated parties' operations and costs."},"complexity_factors":["Extensive interpretation section (reg 3) with dozens of technical definitions and cross‑references to specific activities, pollutants and measurement units","Large fee and levy schedules with multiple banded tables and two different monetary fee‑unit scales (Schedule 4 cl 1) used depending on the fee type","Multi‑component annual licence fee formula (flat fee + environment management component + resource efficiency component) with pollutant thresholds, zone weightings and separate formulas (regs 27–31, reg 29 tables)","Numerous conditional thresholds and exceptions (e.g. pollutant thresholds, low salinity water threshold, weighbridge installation triggers at 20,000 t/10,000 t) scattered across Parts 3 and 6 (regs 27, 29, 77)","Detailed waste depot reporting, measurement and verification regime with multiple report types (monthly returns, mass balance reports, surveys, stocktakes), each having specific content and timing requirements (regs 74–81)","Significant delegated discretion to the Authority: to determine fees within bands, approve weighbridges and measurement methods, grant or revoke exemptions, and issue operational use declarations (regs 25(5), 69–71, 76–78)","Accreditation framework for site contamination auditors with eligibility tests, ongoing conditions, disciplinary procedures and public register rules (regs 51–62; Schedule 3)","Multiple cross‑references to the principal Act, other State and Commonwealth statutes and national measures, and transitional provisions carrying over prior approvals (throughout; e.g. regs 4, 20, 22, Schedule 6)","Complex procedural material (forms, notice contents, prescribed timeframes and late fee formulas) and high penalty/interest provisions (regs 12–13, 18, 72(2), 102)"],"plain_english_summary":"**What these regulations do (mechanically)\n\n- Put detailed rules into force under the Environment Protection Act 1993 so the Authority and regulated parties know how the Act will operate in practice. Key mechanical elements include:\n  - Definitions and technical terms used across the Act and regulations (reg 3).\n  - Lists of prescribed organisations to be consulted or recorded (regs 4–9).\n  - Detailed fee and charging regimes for works approvals, licences, exemptions and other authorisations, including how application fees, authorisation fees and annual fees are calculated (regs 24–31; Schedule 4 Part 1).\n  - A pollutant- and activity‑based fee formula (including zone weightings and thresholds) that can add a \"resource efficiency\" component to licence fees where emissions or discharges exceed thresholds (regs 27–30; Schedule 2 Part 2).\n  - Waste depot levy and the precise levy rates and categories (reg 72; Schedule 4 Part 2).\n  - Extensive reporting, measurement, verification and record‑keeping requirements for waste depots (regs 73–91), including mandatory monthly returns, mass balance reports, surveys, stocktakes, vehicle flow plans, and approved weighbridges (regs 74–81, 86–91).\n  - Video monitoring requirements for large landfill depots and powers for the Authority to direct smaller depots to implement monitoring (regs 93–94).\n  - Rules about environmental authorisations (notification, timeframes, notice requirements, transfer, conditions and financial assurance) (regs 15–23, 37–39).\n  - Accreditation, duties and discipline of site contamination auditors: eligibility, application, fees, conditions, reporting and public register entries (regs 51–66; Schedule 3; Schedule 4 fees) and the public register requirements (reg 14).\n  - Beverage container rules (definition exclusions, refund amounts, collection depot rules, prohibited container types) (regs 40–46).\n  - Procedural forms and notices (Schedule 1) and transitional arrangements carrying over approvals and accreditations from the repealed 2009 regulations (Schedule 6).\n\n**Who is affected\n\n- Businesses holding or applying for environmental authorisations (works approvals, licences, exemptions): they pay application and authorisation fees, annual fees and may face added \"resource efficiency\" fee components if emissions/discharges exceed thresholds (regs 24–31, 27–30).\n- Waste depot operators and landfill/incinerator licence holders: they are subject to the waste depot levy, monthly returns, mass balance reporting, weighbridge and video monitoring requirements, record‑keeping obligations and potential surveys/stocktakes (regs 72–95; Schedule 4 Part 2).\n- Site contamination auditors and applicants to be auditors: new accreditation, continuing obligations, reporting and disciplinary regime; fees and insurance requirements apply (regs 51–66; Schedule 4 Part 1 cl 3).\n- Collection depot operators and beverage industry participants: defined refund amounts and container classes, exemptions and offences related to cross‑jurisdiction claims (regs 40–46).\n- Councils: special rules for some rural councils to elect a simplified waste reporting basis (reg 82) and levy treatment (Schedule 4 Part 2).\n- The Environment Protection Authority (the Authority): gains operational powers to set and approve weighbridges, approve operational uses, require reports, direct video monitoring, impose conditions and make discretionary fee determinations (regs 69–71, 73–84, 93).\n\n**Why it matters (claimed purpose and practical test)\n\nThe regulations put into operational detail how the Act will be enforced and funded. The stated purpose is to implement the Act's framework for environmental protection, monitoring and compliance. That includes:\n\n- Allocating costs of regulation and remediation to licence holders through fees and levies (regs 24–31; reg 72; Schedule 4).\n- Creating measurement, reporting and verification systems so the Authority can monitor waste flows and pollutant discharges (regs 74–81, 86–91; regs 29–30).\n- Professionalising site contamination auditing through accreditation, ongoing obligations and public registers to support decisions about land use and remediation (regs 51–66; reg 14).\n\nTesting those claims against trade‑offs, incentives and implementation issues:\n\n- Who pays: regulated businesses and licence holders pay the bulk of direct costs — application fees, authorisation fees, annual fees, resource efficiency components (if thresholds are exceeded), waste depot levies (regs 24–31; reg 72; Schedule 4). Councils may pay levies unless they make an election under reg 82.\n\n- Behavioural incentives: the rules create financial incentives to reduce emissions/discharges (pollutant load‑based fee increases where thresholds are exceeded — regs 27–29), to improve operational and environmental management (discounts for accredited licensees — reg 33), and to improve record‑keeping and measurement (weighbridges, surveys, stocktakes, video monitoring — regs 75–81, 93). Accreditation entitles a licensee to a 50% reduction in the environment management component for the accredited activity (reg 33).\n\n- Compliance burden and costs: the regulations create substantial administrative and capital costs for waste depots (weighbridges, video systems, surveys, mass balance reporting — regs 74–81, 86, 93), for businesses that must measure and report pollutant loads (regs 27–30), and for auditors (accreditation fees, professional indemnity, ongoing development and reporting — regs 51–57; Schedule 4 cl 3). Fee unit monetary values are specified (Schedule 4 cl 1) so costs are concrete (e.g. environment management component fee unit $1,011; flat fee unit $82.50; other fee unit $25.25).\n\n- Authority discretion and implementation risk: the Authority has broad powers to make determinations, set certain fees within bands, grant exemptions, approve methods, and vary or revoke approvals (see regs 25(5), 69, 70(2)–(4), 76–78, 92–94). That central discretion reduces legal certainty in some places and places a heavier administrative burden on the Authority to exercise consistent, technically grounded decisions.\n\n- Trade‑offs and opportunity costs: regulated parties may need to reallocate capital to compliance (weighbridges/video) and to improve environmental controls to avoid fee surcharges; some smaller operators may seek exemptions or face closure/merger. Accreditation offers a pathway to lower recurring costs (reg 33) but needs up‑front investment in systems and audits (regs 34–35).\n\n- Market effects: fee differentials by activity, geographic zone and pollutant type (regs 28–30; Schedule 2) create location‑ and activity‑specific cost signals. That may shift where certain waste or industrial activity is undertaken, and incentivise waste diversion or investment in abatement.\n\n- Enforcement levers and penalties: the regulations fix pecuniary penalties, late fees and an interest rate (e.g. prescribed interest 24% per annum for overdue amounts — reg 102), increasing the cost of non‑payment or delay.\n\n**Key specifics worth noting (section references)\n\n- Fee mechanics and banding for works approvals, licences and exemptions: regs 24–26; Schedule 2 and Schedule 4. (See reg 24 for works approval bands; reg 26–27 for licence projections and annual fee composition.)\n- Pollutant fee formulas and zone weightings (air and water): reg 29 (Tables in reg 29(3)–(5) and Schedule 2). These calculate extra fee units by pollutant weight, location and zone weighting.\n- Waste depot levy and rates per tonne/kilolitre: reg 72 and Schedule 4 Part 2 (e.g. $83 or $166 per tonne depending on source and location; $45 per kilolitre for liquid waste) (Schedule 4 cl 3).\n- Mandatory measurement, monthly returns, mass balance reports, approved weighbridges and verification surveys/stocktakes for larger depots: regs 74–81 and 86–81. (Weighbridge installation triggers at 20,000 t received or 10,000 t disposed thresholds — reg 77.)\n- Video monitoring for large landfills and Authority powers to require monitoring in other cases: regs 93–94.\n- Accreditation, duties and discipline for site contamination auditors: regs 51–66; Schedule 3; accreditation fees in Schedule 4 cl 3.\n- Public register content expansions (what must be recorded): reg 14.\n\n**Immediate practical consequences for regulated parties\n\n- Expect higher compliance and reporting costs where prior regimes were lighter (waste depots, large emitters, desalination plants, and licensees who exceed pollutant thresholds) (regs 72; 27–30; regs 74–81).\n- Consider whether accreditation is financially attractive — accredited licence holders get a 50% reduction in the environment management fee component for the accredited activity (reg 33) but must meet system, audit and reporting conditions (reg 34–35).\n- Prepare for Authority determinations and possible requests for additional data, surveys, or operational approvals; discretionary exemptions exist but are subject to conditions and revocation (regs 69–71; 76–78; 92–94).\n\n(References in parentheses are to the relevant regulation numbers and schedules in the Environment Protection Regulations 2023.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":784},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as subordinate legislation supporting the Environment Protection Act 1993. The 2023 version consolidates and updates the 2009 regulations without apparent expansion beyond the Act's framework. Transitional provisions preserve existing approvals and accreditations, suggesting continuity rather than scope creep."},"complexity_factors":["Multiple fee calculation systems with different 'fee unit' values ($25.25 vs $82.50/$1,011/$8.15/$20.40 depending on component)","Extensive cross-referencing to the parent Act (Environment Protection Act 1993) and other legislation","Nested conditional logic for fees — environment management component depends on activity type, location, pollution thresholds, and whether 'prescribed environmental measures' exist","Zone-based weighting systems for pollutant fees with multiple geographic areas (Adelaide airshed, Mount Gambier airshed, Port Pirie airshed, Port River region, Upper Spencer Gulf, Whyalla airshed, metropolitan coastal waters)","Mathematical formulas with variables for calculating pollutant load-based components and water reuse components","47+ defined terms in the interpretation section, many themselves requiring further definition","Multiple schedules containing detailed tables, forms, and maps with geodetic coordinates","Transitional provisions preserving rights and approvals from repealed 2009 regulations","Complex waste depot reporting requirements with tiered obligations based on tonnage thresholds (20,000 tonnes triggers mass balance reports; 5,000-20,000 tonnes may be directed to report)","Accreditation scheme for site contamination auditors with eligibility criteria, conditions, disciplinary procedures, and review rights"],"plain_english_summary":"These regulations set out the detailed rules for how South Australia's **Environment Protection Act 1993** actually works in practice. Think of them as the 'instruction manual' for environmental regulation in the state.\n\n**What it covers:**\n\n- **Environmental authorisations** — licences, works approvals and exemptions needed for activities that could harm the environment (like factories, waste facilities, mines). The regulations spell out how much these cost, how long they last, and what conditions apply.\n\n- **Fees and charges** — a complex fee structure based on 'fee units' (worth different dollar amounts depending on what they're for). Fees vary by activity type, pollution levels, location, and whether you're a good environmental performer (accredited licensees get discounts).\n\n- **Waste depot levy** — a charge on waste going to landfill, designed to encourage recycling. Higher rates apply in metropolitan Adelaide ($166/tonne) versus regional areas ($83/tonne).\n\n- **Site contamination** — rules for assessing and cleaning up polluted land, including accreditation of site contamination auditors who check whether land is safe to use.\n\n- **Beverage container refunds** — the 'container deposit scheme' where you get 10 cents back for eligible drink containers, with rules about which containers qualify and how collection depots operate.\n\n- **Waste tracking and reporting** — detailed requirements for waste depots to measure, record and report what waste they receive, where it comes from, and where it goes.\n\n**Who it affects:**\nBusinesses doing anything on the list of 'prescribed activities of environmental significance' — from cement works to wineries, landfills to piggeries. Also waste transporters, site contamination consultants, and anyone seeking a refund on drink containers.\n\n**Why it matters:**\nThese regulations translate broad environmental laws into specific, enforceable requirements. They create financial incentives to pollute less (through load-based fees and waste levies), establish professional standards for contamination assessors, and fund environmental protection through fees and levies."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-regulations-2023","history":"/api/acts/environment-protection-regulations-2023/history","analysis":"/api/acts/environment-protection-regulations-2023/analysis","conflicts":"/api/acts/environment-protection-regulations-2023/conflicts","importantCases":"/api/acts/environment-protection-regulations-2023/important-cases","documents":"/api/acts/environment-protection-regulations-2023/documents"}}