{"id":"green-industries-sa-act-2004","name":"Green Industries SA Act 2004","slug":"green-industries-sa-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":64418,"registerId":"sa-green-industries-sa-act-2004-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Green Industries SA Act 2004","content":"South Australia\nGreen Industries SA Act 2004\nAn Act to continue the statutory corporation Zero Waste SA as Green Industries SA, to build on the waste management reforms effected by Zero Waste SA, to promote innovation and business activity in the waste management, resource recovery and green industry sectors in the State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n3A\tGuiding principles\n3B\tGreen industry\nPart 2—Green Industries SA\n4\tGreen Industries SA\n5\tPrimary objectives and principles of Green Industries SA\n6\tFunctions of Green Industries SA\n7\tPowers of Green Industries SA\n7A\tApplication of Public Finance and Audit Act 1987\n8\tChief Executive\n9\tBoard of Green Industries SA\n10\tTerms and conditions of office\n11\tProceedings of Board\n12\tCommittees and subcommittees of Board\n13\tApplication of Public Sector (Honesty and Accountability) Act 1995\n13A\tDelegations by Green Industries SA\n14\tBusiness plan\n15\tAnnual report\n16\tUse and protection of name\nPart 3—Green Industry Fund\n17\tGreen Industry Fund\n17A\tDelegation by Minister of power under section 17\nPart 4—Waste strategy\n18\tDevelopment of waste strategy\n19\tGreen Industries SA and EPA to co-ordinate activities\nPart 5—Miscellaneous\n21\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Green Industries SA Act 2004.\n3—Interpretation\n\t(1)\tIn this Act—\nappointed member of the Board means a member of the Board appointed by the Governor;\nBoard means the Board of Green Industries SA—see section 9;\nbusiness includes a business not carried on for profit or gain;\nGreen Industries SA—see Part 2;\ngreen industry—see section 3B;\nGreen Industry Fund—see Part 3;\nresource recovery, in relation to waste, means—\n\t(a)\treusing the waste; or\n\t(b)\trecycling the waste; or\n\t(c)\trecovering energy or other resources from the waste;\nwaste has the same meaning as in the Environment Protection Act 1993;\nwaste strategy—see Part 4.\n3A—Guiding principles\n\t(1)\tThe following are the guiding principles for the purposes of this Act:\n\t(a)\tthe principles of the circular economy;\n\t(b)\tthe waste management hierarchy;\n\t(c)\tthe principles of ecologically sustainable development;\n\t(d)\tthat best practice methods and standards should be pursued in—\n\t(i)\twaste management; and\n\t(ii)\tthe efficient use of resources.\n\t(2)\tIn this section—\n\t(a)\ta reference to the principles of the circular economy is a reference to an economic model that contemplates the production of goods and services—\n\t(i)\tby a reduced reliance on virgin materials; and\n\t(ii)\ton the basis of continuously functioning utility and an extended lifecycle; and\n\t(iii)\tin a manner that eliminates, as far as is reasonably practicable, waste or pollution, or harm to the environment;\n\t(b)\ta reference to the waste management hierarchy is a reference to an order of priority for the management of waste in which—\n\t(i)\tavoidance of the production of waste; and\n\t(ii)\tminimisation of the production of waste; and\n\t(iii)\treuse of waste; and\n\t(iv)\trecycling of waste; and\n\t(v)\trecovery of energy and other resources from waste; and\n\t(vi)\ttreatment of waste to reduce potentially degrading impacts; and\n\t(vii)\tdisposal of waste in an environmentally sound manner,\nare pursued in order with, first, avoidance of the production of waste, and second, to the extent that avoidance is not reasonably practicable, minimisation of the production of waste, and third, to the extent that minimisation is not reasonably practicable, reuse of waste, and so on;\n\t(c)\ta reference to the principles of ecologically sustainable development is a reference to principles that maintain—\n\t(i)\tthat the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical wellbeing and for their health and safety while—\n\t(A)\tsustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and\n\t(B)\tsafeguarding the life-supporting capacity of air, water, land and ecosystems; and\n\t(C)\tavoiding, remedying or mitigating any adverse effects of activities on the environment; and\n\t(ii)\tthat proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement.\n3B—Green industry\nIn this Act, a reference to green industry is a reference to—\n\t(a)\tany business activity for the production of goods or services that demonstrates, as far as is reasonably practicable, the application of the guiding principles set out in section 3A in the manner of production and the goods or services themselves; or\n\t(b)\tany business activity carried on in support of, or in connection with, an activity referred to in paragraph (a), including research and development, education and marketing.\nPart 2—Green Industries SA\n4—Green Industries SA\n\t(1)\tZero Waste SA continues as Green Industries SA.\n\t(2)\tGreen Industries SA—\n\t(a)\tis a body corporate with perpetual succession and a common seal; and\n\t(b)\tis capable of suing and being sued in its corporate name; and\n\t(c)\tis capable of acquiring, holding, dealing with or disposing of real or personal property in its corporate name; and\n\t(d)\thas the functions and powers assigned or conferred by or under this Act.\n\t(3)\tGreen Industries SA is an instrumentality of the Crown and holds its property on behalf of the Crown.\n\t(4)\tIn the exercise of its powers, functions or duties, Green Industries SA is subject to the direction of the Minister except in relation to the making of a recommendation or report to the Minister.\n\t(5)\tAny direction given to Green Industries SA by the Minister must be in writing.\n\t(6)\tIn this section—\npersonal property includes intellectual property.\n5—Primary objectives and principles of Green Industries SA\n\t(1)\tThe primary objectives of Green Industries SA are—\n\t(a)\tto promote waste management practices that, as far as possible, eliminate waste or its consignment to landfill; and\n\t(b)\tto promote innovation and business activity in the waste management, resource recovery and green industry sectors, recognising that these areas present a valuable opportunity to contribute to the State's economic growth.\n\t(2)\tGreen Industries SA should, in furthering its objectives and in the exercise of its functions, have regard to—\n\t(a)\tthe guiding principles set out in section 3A; and\n\t(b)\tthe principle that government policies relating to waste management, resource recovery and green industry should be developed through a process of open dialogue with local government, industry and the community in which local government, industry and the community are encouraged to contribute to decision making.\n6—Functions of Green Industries SA\n\t(1)\tThe functions of Green Industries SA are—\n\t(a)\tto develop, co-ordinate and contribute to the implementation of government policy objectives in respect of—\n\t(i)\twaste management for regions, industry sectors and material types; and\n\t(ii)\tprograms for the prevention of litter and illegal dumping; and\n\t(iii)\tmarket development (both local and overseas) for waste management, resource recovery and green industry; and\n\t(iv)\tpublic and industry awareness and education in relation to waste management, resource recovery and green industry practices and systems; and\n\t(v)\tinnovation in waste management, resource recovery and green industry; and\n\t(b)\tto develop, adopt and administer the waste strategy for the State; and\n\t(c)\tto monitor and assess the adequacy and implementation of the waste strategy; and\n\t(d)\tto commission, collaborate with, and provide assistance to, business in—\n\t(i)\timproving efficiencies in the use of resources (eg waste, energy and water) and reducing the adverse effects of waste on the environment; and\n\t(ii)\tidentifying business opportunities (including export opportunities) in waste management, resource recovery and green industry; and\n\t(iii)\tresearch and development in relation to infrastructure, technologies, systems and practices for waste management, resource recovery and green industry; and\n\t(iv)\traising public and industry awareness of innovations or best practice in waste management, resource recovery and green industry; and\n\t(e)\tto develop and promote collaborative partnerships between industry, non-government organisations, the research sector, government agencies and all levels of government in connection with its other functions; and\n\t(f)\tto advise the Minister about any matter referred to it by the Minister or any matter it sees fit to advise the Minister on in connection with its responsibilities under this Act; and\n\t(g)\tsuch other functions as may be conferred on it by this Act or any other Act, or as may be assigned to it by the Minister.\n\t(2)\tGreen Industries SA may carry out the functions referred to in subsection (1)(d) either—\n\t(a)\tdirectly with particular businesses that carry out the activities referred to in that provision; or\n\t(b)\tindirectly via an agent that funds, administers, represents or otherwise supports other businesses in carrying out those activities.\n7—Powers of Green Industries SA\nGreen Industries SA may, in addition to any other powers conferred on it by or under this Act, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions and in particular—\n\t(a)\tmay obtain expert or technical advice from a person on such terms and conditions as it thinks fit; and\n\t(b)\tmay, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit; and\n\t(c)\tmay make use of information obtained by the Environment Protection Authority in the administration or enforcement of the Environment Protection Act 1993 (or the regulations or environment protection policies made under that Act), provided that the information is not, without the consent of a particular person or body, used in such a way as to divulge trade processes or financial information in a way that identifies, or would or might tend to identify or in any way be relatable to, that person or body.\n7A—Application of Public Finance and Audit Act 1987\nNothing in this Act will be taken to exclude the application of the Public Finance and Audit Act 1987 with respect to the performance or exercise of the functions or powers of Green Industries SA (including in connection with the management, investment and application of the Green Industry Fund).\n8—Chief Executive\n\t(1)\tThe office of Chief Executive of Zero Waste SA continues as the office of the Chief Executive of Green Industries SA.\n\t(2)\tThe Chief Executive is, subject to the control and direction of the Board, responsible for giving effect to the policies and decisions of the Board.\n\t(3)\tThe Chief Executive will be appointed by the Governor, on conditions determined by the Governor, for a term, not exceeding 7 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for re-appointment.\n\t(4)\tThe Governor may appoint a person (on terms and conditions determined by the Governor) to act in the office of Chief Executive of Green Industries SA.\n\t(5)\tA person appointed to act in the office of the Chief Executive under subsection (4)—\n\t(a)\tmay act in that office during a temporary absence of the Chief Executive or while the office of the Chief Executive is temporarily vacant; and\n\t(b)\thas, while so acting, all the powers, duties and functions of the Chief Executive.\n9—Board of Green Industries SA\n\t(1)\tThe Board of Zero Waste SA continues as the Board of Green Industries SA.\n\t(1a)\tThe Board is the governing body of Green Industries SA.\n\t(2)\tThe Board is to consist of not less than 6 and not more than 10 members.\n\t(3)\tThe Chief Executive of Green Industries SA is a member of the Board ex officio and the remaining members of the Board will be appointed by the Governor.\n\t(6)\tThe Board's membership must include persons who together have, in the Governor's opinion, practical knowledge of, and experience in, the following areas (gained through involvement in business or government):\n\t(a)\twaste management, resource recovery or green industry;\n\t(b)\tecological sustainability;\n\t(c)\tcommercialisation of goods or services, entrepreneurship or other business development;\n\t(d)\tcorporate governance;\n\t(e)\tcommunity engagement;\n\t(f)\tmarketing.\n\t(7)\tAt least one member of the Board must be a woman and one a man.\n\t(8)\tThe Governor may appoint a suitable person to be deputy of a member of the Board (other than the Chief Executive) and a person so appointed may act in the place of the member during any absence of the member.\n10—Terms and conditions of office\n\t(1)\tAn appointed member of the Board is to be appointed for a term, not exceeding 3 years, specified in the instrument of appointment and is, on the expiration of a term of office, eligible for re-appointment (subject to the qualification that a person cannot serve as a member for more than 9 consecutive years).\n\t(2)\tAn appointed member of the Board is entitled to such remuneration, allowances and expenses as may be determined by the Governor.\n\t(3)\tThe Governor may remove an appointed member of the Board from office for—\n\t(a)\tmisconduct; or\n\t(b)\tneglect of duty; or\n\t(c)\tincapacity to carry out satisfactorily the duties of his or her office; or\n\t(d)\tfailure to carry out satisfactorily the duties of his or her office.\n\t(4)\tAn appointed member of the Board neglects his or her duty if the member fails to attend three consecutive meetings without the leave of the Board.\n\t(5)\tThe office of an appointed member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed from office by the Governor under subsection (3).\n\t(6)\tOn the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n11—Proceedings of Board\n\t(1)\tThe Governor will appoint a member of the Board to preside at meetings of the Board.\n\t(2)\tIn the absence of the person appointed under subsection (1) from a meeting of the Board, a member chosen by those present will preside.\n\t(3)\tA quorum of the Board consists of half of the total number of its members (ignoring any fraction resulting from the division) plus one and no business may be transacted at such a meeting unless a quorum is present.\n\t(4)\tSubject to subsection (3), the Board may act despite vacancies in its membership or a defect in appointment of a member.\n\t(5)\tA decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board.\n\t(6)\tEach member present at a meeting of the Board has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(7)\tA telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present.\n\t(8)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members express their concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution.\n\t(9)\tThe Board must have accurate minutes kept of its proceedings and make them available to all members of the Board.\n\t(10)\tA person who is not a member of the Board may be present during a meeting with the consent of the Board but not otherwise.\n\t(11)\tSubject to this Act, the Board may determine its own procedures.\n12—Committees and subcommittees of Board\n\t(1)\tThe Board may establish committees or subcommittees as the Board thinks fit to advise Green Industries SA on any aspect of its functions, or to assist Green Industries SA in the performance of its functions.\n\t(2)\tA committee or subcommittee established under subsection (1) may, but need not, consist of, or include, members of the Board.\n\t(3)\tThe procedures to be observed in relation to the conduct of business of a committee or a subcommittee of the Board will be—\n\t(a)\tas prescribed by regulation; or\n\t(b)\tinsofar as the procedure is not prescribed by regulation—as determined by the Board; or\n\t(c)\tinsofar as the procedure is not prescribed by regulation or determined by the Board—as determined by the relevant committee or subcommittee.\n13—Application of Public Sector (Honesty and Accountability) Act 1995\nThe Public Sector (Honesty and Accountability) Act 1995 applies to a member of a committee or subcommittee of the Board as if the committee or subcommittee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister.\n13A—Delegations by Green Industries SA\n\t(1)\tGreen Industries SA may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) or committee a function or power under this Act (except a prescribed function or power).\n\t(2)\tA delegation—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.\n\t(4)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the presiding member of the Board containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n14—Business plan\n\t(1)\tGreen Industries SA must, at least one month before the beginning of each financial year, submit a business plan to the Minister for approval.\n\t(2)\tA business plan must—\n\t(a)\tset out Green Industries SA's major projects, and its goals and priorities with respect to the full range of Green Industries SA's functions, for the next 3 financial years; and\n\t(b)\tset out Green Industries SA's budget for the next financial year (including estimates of its income and expenditure for that period); and\n\t(c)\tconform with any requirements of the Minister as to the form of the plan and any other matters to be addressed by the plan.\n\t(3)\tThe Minister may approve a business plan submitted under this section with or without modification.\n\t(4)\tIf a business plan is not approved by the Minister (with or without modification) before the commencement of the period to which it relates, Green Industries SA may proceed as if it were approved (but is bound by any modifications subsequently required by the Minister).\n\t(5)\tGreen Industries SA may, at any time, submit a variation of its business plan to the Minister for the Minister's approval (which may be with or without modification).\n\t(6)\tGreen Industries SA must ensure that its business plan, as last approved under this section, is available for public inspection on a website and at its principal place of business during normal office hours.\n15—Annual report\n\t(1)\tGreen Industries SA must, on or before 30 September in each year, present a report to the Minister on the operations carried out under the Act during the previous financial year.\n\t(2)\tA report under this section must include—\n\t(a)\tan audited statement of the income and expenditure of the Green Industry Fund, together with details of the items of income and expenditure of the Fund (including the amounts applied by Green Industries SA and by the Minister respectively), for the period to which the report relates; and\n\t(b)\tany direction given to Green Industries SA by the Minister during the period to which the report relates; and\n\t(c)\tdetails of the co-ordination of activities by Green Industries SA and the Environment Protection Authority during the period to which the report relates; and\n\t(d)\tan assessment of the adequacy of the waste strategy and its implementation during the period to which the report relates according to the criteria and methods established in the strategy.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n16—Use and protection of name\n\t(1)\tGreen Industries SA has a proprietary interest in the following names:\n\t(a)\tGreen Industries SA;\n\t(b)\tZero Waste SA;\n\t(c)\tZero Waste;\n\t(d)\tany other name prescribed by regulation for the purposes of this subsection.\n\t(2)\tA person must not, without the consent of Green Industries SA in the course of a trade or business, use a name in which Green Industries SA has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits.\nMaximum penalty: $20 000.\n\t(3)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to Green Industries SA); and\n\t(b)\tmust be given in writing addressed to the applicant for the consent; and\n\t(c)\tmay be revoked by Green Industries SA for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(4)\tThe Supreme Court may, on the application of Green Industries SA, grant an injunction to restrain a breach of this section.\n\t(5)\tThe court by which a person is convicted of an offence against this section may, on the application of Green Industries SA, order the convicted person to pay compensation of an amount fixed by the court to Green Industries SA.\n\t(6)\tSubsections (4) and (5) do not derogate from any civil remedy that may be available to Green Industries SA apart from those subsections.\nPart 3—Green Industry Fund\n17—Green Industry Fund\n\t(1)\tThe Waste to Resources Fund continues as the Green Industry Fund.\n\t(2)\tThe Fund must be kept as directed by the Treasurer.\n\t(3)\tThe Fund is to consist of the following money:\n\t(a)\t50 per cent, or such greater percentage as may be prescribed, of the amount paid by waste depot licence holders by way of levy under section 113 of the Environment Protection Act 1993 in respect of solid waste received at the depots;\n\t(b)\tany money appropriated by Parliament for the purposes of the Fund;\n\t(c)\tany money paid into the Fund at the direction or with the approval of the Minister and the Treasurer;\n\t(d)\tany money received by way of grant, gift or bequest for the purposes of the Fund;\n\t(e)\tany income from investment of money belonging to the Fund;\n\t(f)\tany money paid into the Fund under any other Act.\n\t(4)\tThe Minister must, at least annually, review the adequacy of the amount paid into the Fund under subsection (3)(a).\n\t(5)\tSubject to this section, the Fund may be applied (without further appropriation than this subsection)—\n\t(a)\tby Green Industries SA—\n\t(i)\tin accordance with the business plan; or\n\t(ii)\tin any other manner authorised by the Minister for the purposes of this Act; or\n\t(b)\tby the Minister—\n\t(i)\ttowards the payment of costs of climate change initiatives, including research and development, education, innovation or business activity, in relation to initiatives for mitigating the effects of climate change, minimising carbon emissions and adapting to climate change; or\n\t(ii)\ttowards the payment of costs of managing waste or debris, or harm to the environment, following an identified major incident, a major emergency or a disaster, declared under Part 4 Division 3 of the Emergency Management Act 2004.\n\t(5a)\tWithout limiting the form that payment of amounts from the Fund may take for the purposes of subsection (5), such payments may take the form of—\n\t(a)\ta grant of an amount to a person or body; or\n\t(b)\twith the approval of the Treasurer—\n\t(i)\tforming, or acquiring, holding, dealing with or disposing of, shares, units in a unit trust, interests in such shares or units or other interests in or securities issued by, bodies corporate; or\n\t(ii)\tentering into a partnership, joint venture or other profit sharing agreement.\n\t(6)\tGreen Industries SA may, with the approval of the Treasurer, invest in a manner approved by the Treasurer any of the money belonging to the Fund that is not immediately required for the purposes of the Fund.\n\t(7)\tAn approval given by the Treasurer under this section may be—\n\t(a)\tspecific or general; and\n\t(b)\tconditional or unconditional.\n\t(8)\tAn approval given by the Treasurer may be varied or revoked by the Treasurer at any time.\n17A—Delegation by Minister of power under section 17\n\t(1)\tThe Minister may delegate his or her power under section 17(5)(b) to any other Minister or to any person for the time being performing particular duties or holding or acting in a particular position in an administrative unit of the Public Service.\n\t(2)\tA delegation—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.\nPart 4—Waste strategy\n18—Development of waste strategy\n\t(1)\tGreen Industries SA is to develop a waste strategy for the State.\n\t(2)\tA waste strategy—\n\t(a)\tis to include objectives, principles and priorities of Green Industries SA for—\n\t(i)\tthe management of waste generated or disposed of in the State; and\n\t(ii)\tpublic and industry awareness of, and participation in, resource recovery and green industry; and\n\t(b)\tis to include an analysis of levels of waste generation and waste management practices; and\n\t(c)\tis, as a result of the analysis, to identify targets or goals for—\n\t(i)\twaste reduction; and\n\t(ii)\tthe diversion of waste from landfill; and\n\t(iii)\twaste collection, transport and disposal; and\n\t(iv)\tresource recovery development; and\n\t(v)\tgreen industry development,\n(including targets or goals relating to research and development and public and industry awareness and education); and\n\t(d)\tis to identify—\n\t(i)\tthe means of implementation of the targets or goals; and\n\t(ii)\tany obstacles or potential obstacles to the implementation of the targets or goals; and\n\t(iii)\tany significant risks associated with the implementation of the targets or goals; and\n\t(e)\tis to establish criteria and methods for assessing the adequacy of the strategy and its implementation.\n\t(3)\tA waste strategy does not take effect until it is adopted by Green Industries SA.\n\t(4)\tBefore adopting a waste strategy, Green Industries SA must—\n\t(a)\tcause copies of the proposed waste strategy to be sent to the Minister and, as prescribed, State and local government bodies; and\n\t(b)\tcause notice of the proposed strategy to be published in a newspaper circulating throughout the State; and\n\t(c)\tcause copies of the proposed strategy to be made available for public inspection on a website and at its principal place of business during normal office hours; and\n\t(d)\tallow a period of at least 8 weeks for consultation with State and local government bodies and written submissions from the public on the proposed strategy; and\n\t(e)\ttake into consideration the views and submissions gathered through that process.\n\t(6)\tEach waste strategy must be replaced by a new waste strategy at least once every 5 years, or at a time directed by the Minister.\n\t(7)\tGreen Industries SA must ensure that the current waste strategy is available for public inspection on a website and at its principal place of business during normal office hours.\n19—Green Industries SA and EPA to co-ordinate activities\nGreen Industries SA and the Environment Protection Authority are required to co-ordinate their activities for the development and implementation of waste strategies under this Part.\nPart 5—Miscellaneous\n21—Regulations\nThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\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 this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nZero Waste SA Act 2004\nLegislation amended by principal Act\nThe Green Industries SA Act 2004 amended the following:\nEnvironment Protection Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n1\nZero Waste SA Act 2004\n4.3.2004\n7.5.2004 (Gazette 6.5.2004 p1225)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 170 (ss 385—387)—1.2.2010 (Gazette 28.1.2010 p320)\n2012\n7\nZero Waste SA (Miscellaneous) Amendment Act 2012\n12.4.2012\n12.4.2012\n2016\n57\nStatutes Amendment (Budget 2016) Act 2016\n8.12.2016\nPt 13 (ss 111—133)—1.2.2017 (Gazette 27.1.2017 p201)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.2.2010\n\nsubstituted by 57/2016 s 111\n1.2.2017\nPt 1\n\n\ns 1\namended by 57/2016 s 112\n1.2.2017\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 2\n\n\nheading\nsubstituted by 57/2016 s 115\n1.2.2017\ns 3\n\n\ns 3(1)\n\n\nBoard\nsubstituted by 57/2016 s 113(1)\n1.2.2017\nbusiness\ninserted by 57/2016 s 113(1)\n1.2.2017\nGreen Industries SA\ninserted by 57/2016 s 113(1)\n1.2.2017\ngreen industry\ninserted by 57/2016 s 113(1)\n1.2.2017\nGreen Industry Fund\ninserted by 57/2016 s 113(1)\n1.2.2017\nresource recovery\ninserted by 57/2016 s 113(1)\n1.2.2017\nwaste management hierarchy\ndeleted by 57/2016 s 113(2)\n1.2.2017\nWaste to Resources Fund\ndeleted by 57/2016 s 113(3)\n1.2.2017\nZero Waste SA\ndeleted by 57/2016 s 113(3)\n1.2.2017\ns 3\n\n\ns 3(2)\ndeleted by 57/2016 s 113(4)\n1.2.2017\nss 3A and 3B\ninserted by 57/2016 s 114\n1.2.2017\ns 4\n\n\ns 4(1)\nsubstituted by 57/2016 s 116(1)\n1.2.2017\ns 4(2)\namended by 57/2016 s 116(2), (3)\n1.2.2017\ns 4(3)—(5)\namended by 57/2016 s 116(2)\n1.2.2017\ns 4(6)\ninserted by 57/2016 s 116(4)\n1.2.2017\nss 5 and 6\nsubstituted by 57/2016 s 117\n1.2.2017\ns 7\namended by 84/2009 s 385\n1.2.2010\n\namended by 57/2016 s 118(1), (2)\n1.2.2017\ns 7A\ninserted by 7/2012 s 3\n12.4.2012\n\namended by 57/2016 s 119(1), (2)\n1.2.2017\ns 8\n\n\ns 8(1)\nsubstituted by 57/2016 s 120(1)\n1.2.2017\ns 8(4)\namended by 57/2016 s 120(2)\n1.2.2017\ns 9\n\n\ns 9(1)\nsubstituted by 57/2016 s 121(1)\n1.2.2017\ns 9(1a)\ninserted by 57/2016 s 121(1)\n1.2.2017\ns 9(3)\namended by 57/2016 s 121(2)\n1.2.2017\ns 9(4) and (5)\ndeleted by 57/2016 s 121(3)\n1.2.2017\ns 9(6)\nsubstituted by 57/2016 s 121(4)\n1.2.2017\ns 10\n\n\ns 10(1)\namended by 57/2016 s 122\n1.2.2017\ns 12\n\n\ns 12(1)\namended by 57/2016 s 123\n1.2.2017\ns 13\nsubstituted by 84/2009 s 386\n1.2.2010\ns 13A\ninserted by 7/2012 s 4\n12.4.2012\ns 13A(1)\namended by 57/2016 s 124\n1.2.2017\ns 14\n\n\ns 14(1) and (2)\namended by 57/2016 s 125(1)\n1.2.2017\ns 14(4)—(6)\namended by 57/2016 s 125(1)\n1.2.2017\ns 14(7)\ndeleted by 57/2016 s 125(2)\n1.2.2017\ns 15\n\n\ns 15(1)\nsubstituted by 57/2016 s 126(1)\n1.2.2017\ns 15(2)\namended by 57/2016 s 126(2), (3)\n1.2.2017\ns 16\n\n\ns 16(1)\nsubstituted by 57/2016 s 127(1)\n1.2.2017\ns 16(2)—(6)\namended by 57/2016 s 127(2)\n1.2.2017\nPt 3\n\n\nheading\nsubstituted by 57/2016 s 128\n1.2.2017\ns 17\n\n\ns 17(1)\nsubstituted by 57/2016 s 129(1)\n1.2.2017\ns 17(5)\nsubstituted by 57/2016 s 129(2)\n1.2.2017\ns 17(5a)\ninserted by 57/2016 s 129(2)\n1.2.2017\ns 17(7) and (8)\ninserted by 57/2016 s 129(3)\n1.2.2017\ns 17A\ninserted by 57/2016 s 130\n1.2.2017\nPt 4\n\n\ns 18\n\n\ns 18(1)\namended by 57/2016 s 131(1)\n1.2.2017\ns 18(2)\nsubstituted by 57/2016 s 131(2)\n1.2.2017\ns 18(3) and (4)\namended by 57/2016 s 131(3)\n1.2.2017\ns 18(5)\ndeleted by 57/2016 s 131(4)\n1.2.2017\ns 18(6)\nsubstituted by 57/2016 s 131(4)\n1.2.2017\ns 19\namended by 57/2016 s 132\n1.2.2017\nPt 5\n\n\ns 20\ndeleted by 84/2009 s 387\n1.2.2010\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Budget 2016) Act 2016\n133—Transitional provision\n\t(1)\tIn this section—\nprincipal Act means the Zero Waste SA Act 2004 as in force immediately before the commencement of this Part.\n\t(2)\tA member of the Board of Zero Waste SA holding office immediately before the commencement of this section ceases to hold office on that commencement.\n\t(3)\tThe person holding office as Chief Executive of Zero Waste SA immediately before the commencement of this section continues to hold office as Chief Executive of Green Industries SA on and from that commencement.\n\t(4)\tThe business plan approved and in effect immediately before the commencement of this section continues, on that commencement, as the current business plan under section 14 of the principal Act as amended by this Act.\n\t(5)\tThe waste strategy adopted and in effect immediately before the commencement of this section continues, on that commencement, as the current waste strategy under section 18 of the principal Act as amended by this Act, despite the fact that, until the next waste strategy is adopted after that commencement, it may not comply with the requirements under that section.\n\t(6)\tA reference in any instrument or contract, agreement or other document to Zero Waste SA will, on the commencement of this section, have effect as if it were a reference to Green Industries SA.\nHistorical versions\n1.2.2010\n\n12.4.2012\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This version materially broadened the agency's scope beyond the original Zero Waste SA focus. Key scope changes include: renaming and reframing as Green Industries SA to explicitly include 'green industry' activity (s4(1), s3B); introducing formal guiding principles that reference the circular economy and ecologically sustainable development (s3A); creating a Green Industry Fund with a specified share of levy revenue and wider permissible uses (s17(3)(a), s17(5)); authorising the Fund to be used for climate change initiatives and disaster-related waste management at Ministerial direction (s17(5)(b)); and permitting the Fund, with Treasurer approval, to take equity positions or enter commercial arrangements (s17(5a)–(8)). These provisions move the body from a primarily waste-management/program delivery role toward a broader economic development and investment role in green industries, increasing both the range of activities and the fiscal instruments available to the agency."},"complexity_factors":["Multiple defined concepts added/used (guiding principles, green industry, Green Industry Fund, resource recovery) (ss 3A, 3B, 3(1))","Cross-references to other Acts (Environment Protection Act 1993, Public Finance and Audit Act 1987, Public Sector (Honesty and Accountability) Act 1995, Emergency Management Act 2004) increasing interpretative dependencies (ss 3, 7, 7A, 15(2)(b), 17(5)(b))","Fund mechanics with conditional percentage (50% or prescribed greater amount) of levy receipts and multiple other income streams (s17(3)(a)–(f))","Multiple decision-makers and veto/approval points (Board, Minister directions, Treasurer approvals, Governor appointments) (ss 4(4)–(5), 9, 14, 17(6)–(8))","Delegation regimes for both Green Industries SA and the Minister (s13A, s17A) permitting layered delegation and further sub-delegation","Permitted Fund uses include standard grants plus, with Treasurer approval, equity investments and partnership/joint venture participation (s17(5a)) – introduces commercial and fiduciary complexity","Strategic planning and consultation requirements for waste strategies, including minimum consultation period and 5-year replacement cycle (s18(2)–(6))","Detailed governance rules (Board size range, quorum calculation, ministerial removal powers, term limits and gender minimums) that create operational complexity (ss 9–11, 10(1), 9(6)–(7))","Reporting and audit obligations tied to Fund accounting and disclosure of Ministerial directions (s15)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Continues the statutory corporation formerly known as Zero Waste SA under the new name Green Industries SA and confirms it as an instrumentality of the Crown (s4(1)–(3)).\n- Sets out Green Industries SA's primary objectives: to promote waste management that eliminates or diverts waste from landfill and to promote innovation and business activity in waste management, resource recovery and green industries (s5).\n- Prescribes the body’s core functions: developing and implementing policy, preparing a State waste strategy, market development, education and awareness, commissioning R&D, and working with business, government and research partners (s6).\n- Establishes governance and accountability arrangements: a Board (appointed by the Governor) with specified skills mix and gender minimums (s9, s10), a Chief Executive (appointed by Governor) who is an ex officio board member (s8, s9(3)), requirements for a business plan (s14) and an annual report (s15).\n- Allows the Minister to give written directions to Green Industries SA in the exercise of its powers and functions, except when Green Industries SA is making recommendations or reports to the Minister (s4(4)–(5)).\n- Creates the Green Industry Fund (the Fund) to finance Green Industries SA activities; the Fund is (by default) resourced from at least 50% of the levies paid by waste depot licence holders under the Environment Protection Act, plus appropriations, grants, gifts, investment income and other receipts (s17(1)–(3)).\n- Authorises uses of the Fund by Green Industries SA in accordance with its business plan or as authorised by the Minister; it also allows the Minister to use Fund money for climate change initiatives or for managing waste after declared emergencies or disasters (s17(5)).\n- Permits a range of payment forms from the Fund (grants, and with Treasurer approval, equity investments, and participation in partnerships/joint ventures) and allows Treasurer-approved investments of Fund money (s17(5a)–(7)).\n- Requires Green Industries SA to develop and adopt a waste strategy for the State, including targets, implementation means, risk assessment and public consultation (minimum 8 weeks) (s18(1)–(4), (6)).\n- Requires coordination with the Environment Protection Authority on strategy development and implementation (s19).\n- Protects certain organisation names (e.g. Green Industries SA, Zero Waste SA) and makes unauthorised commercial use of those names an offence with a maximum penalty and civil remedies (s16).\n\nWho is affected and who pays\n\n- Waste depot licence holders: their levies form at least part of the Fund (s17(3)(a)). This is the principal recurring revenue source specified.\n- Businesses, researchers and community groups in waste management, resource recovery and green industries: they are potential recipients of grants, contracts, assistance, R&D commissioning and other support under the Fund and Green Industries SA programs (s6(d), s17(5)).\n- The Minister and the Treasurer: the Minister can direct Green Industries SA and authorise certain uses of Fund money (s4(4), s17(5)); the Treasurer controls how the Fund is kept and must approve certain investments and uses (s17(2), (6)–(8)).\n- The Board and Chief Executive: the Board governs strategy, approves business plans and oversees functions; the Chief Executive implements Board decisions (s8, s9, s14).\n\nWhy it matters (stated purpose, then practical trade-offs)\n\n- Stated purpose: the Act positions the corporation to drive waste reduction, resource recovery and a broader \"green industry\" agenda, guided by the circular economy, the waste management hierarchy and ecologically sustainable development (s3A, s3B, s5).\n\n- Key mechanisms and their practical implications:\n  - Stable funding stream: by design the Fund channels levy income (and other money) to enable multi-year programs, grants and investments (s17(3), s14). That creates ongoing capacity to fund projects but also ties program budgets to levy revenue and to ministerial/treasurer approvals.\n  - Ministerial and fiscal control points: the Minister can direct the agency (in writing) and can authorise specific uses of the Fund (including climate initiatives and disaster waste management) (s4(4)–(5), s17(5)). The Treasurer controls Fund custody and must approve certain investments and structures (s17(2), (6)–(8)). These controls centralise decision-making and create checkpoints for fiscal oversight, but they also concentrate discretion in ministers and the Treasurer.\n  - Flexibility to support private activity: the Fund may be used for grants, and—with Treasurer approval—for equity, joint ventures and other commercial arrangements (s17(5a)). That allows public money to flow into business-scale interventions (e.g. commercialization or investment) rather than only grants or procurement. Mechanically, this means selected businesses can receive concentrated financial support (s17(5), s17(5a)).\n  - Formal planning and transparency obligations: a Board-approved business plan (s14) and an audited annual report with specified content (including Fund income/expenditure and Ministerial directions) (s15) create reporting obligations and public visibility of priorities and Fund use.\n  - Strategy development with public consultation: waste strategies must set targets, identify implementation mechanisms and risks, and be subject to at least 8 weeks of public consultation before adoption (s18(2)–(4)). This creates procedural opportunities for stakeholders to influence policy but also imposes process timing and compliance steps on the agency.\n\nCosts, incentives and risks (mechanisms, not verdicts)\n\n- Who pays: levy payers (waste depot licence holders) carry a recurring funding cost (s17(3)(a)). Money diverted to particular projects or investments is an opportunity cost from other potential uses of those levies or from general revenue if Parliament appropriates funds (s17(3)(b)).\n- Concentrated benefits: the Fund’s grant and investment powers enable concentrated support to particular organisations or projects (s17(5), s17(5a)). The mechanism creates incentives for businesses to seek Fund support, which can generate innovation but also competitive advantage for recipients.\n- Discretion and control: Ministerial directions (s4(4)) and Treasurer approvals for investments (s17(6)–(8)) create points where political or fiscal judgment will determine priorities. That improves central oversight but increases implementation risk where expectations about impartiality, timing or criteria are unclear.\n- Compliance and administrative burden: recipients of Fund money and Green Industries SA itself must operate within business-plan constraints, investment approval processes and reporting requirements (s14, s15, s17(6)). Businesses seeking grants or investments will face application and accountability requirements.\n- Substitution effects and opportunity cost: allowing the Fund to be used for climate change initiatives or disaster waste management (s17(5)(b)) may change the composition of spending away from long-term waste-avoidance programs toward mitigation/adaptation or episodic emergency costs, depending on Ministerial choices.\n\nImplementation signals\n\n- The Act institutionalises a public agency with sustained funding, explicit objectives and powers to partner with and support private actors (s4, s5, s6, s17). It creates formal decision nodes (Board, Minister, Treasurer) that determine how that funding is allocated and how strategic priorities are set (s9, s14, s17). The principal levers are the business plan, the Fund and statutory strategy-making with consultation (s14, s17, s18).\n\nReferences to key sections: guiding principles (s3A), definition of green industry (s3B), objectives (s5), functions (s6), Ministerial direction (s4(4)–(5)), the Green Industry Fund (s17), Treasurer approvals and investment powers (s17(5a)–(8)), business plan (s14), waste strategy and consultation (s18), Board and appointments (s9–s10), annual report (s15), name protection (s16)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — the legislative text was not returned. The URL provided resolved to a 'Page Not Found' error on the SA legislation website, likely due to a broken or outdated hyperlink following the site's March 2026 update."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the Act","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Green Industries SA Act 2004 establishes Green Industries SA (formerly Zero Waste SA), a government agency promoting waste reduction, resource recovery and sustainable industry practices in South Australia.  \n\nIt affects households, businesses and local councils through waste and recycling programs and involves the SA Government in funding and oversight — shaping how waste is managed and resources reused across the state."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2004 scope as the 'Zero Waste SA Act'. The 2016 amendments (Statutes Amendment (Budget 2016) Act) substantially broadened the scope: (1) renamed the body from 'Zero Waste SA' to 'Green Industries SA', shifting focus from purely waste reduction to actively promoting green business and economic growth; (2) introduced new 'guiding principles' including the circular economy and waste management hierarchy; (3) expanded the Fund's purposes to include climate change initiatives and disaster response, not just waste management; (4) added detailed Board expertise requirements and gender diversity provisions; and (5) introduced new investment powers (shares, joint ventures) for the Fund. The original Act was primarily about waste management; the current version is explicitly about economic development through green industry."},"complexity_factors":["Moderate length (21 sections plus legislative history) but straightforward structure","8 defined terms in section 3(1), plus extensive definitions embedded in sections 3A and 3B","Multiple cross-references to other Acts (Environment Protection Act 1993, Public Finance and Audit Act 1987, Public Sector (Honesty and Accountability) Act 1995, Emergency Management Act 2004)","Conditional logic in section 17 regarding Fund expenditure (Minister vs Green Industries SA allocation)","Nested requirements in section 9(6) for Board membership expertise areas","Procedural requirements for waste strategy development (section 18) with multiple sub-paragraphs","Transitional provisions in the 2016 amendments showing evolution from Zero Waste SA to Green Industries SA"],"plain_english_summary":"**What this law does:**\n\nThis Act establishes **Green Industries SA** — a South Australian government body that continues the work of the former \"Zero Waste SA\" corporation. Its job is to reduce waste going to landfill and to grow businesses that turn waste into resources (the \"circular economy\").\n\n**Who it affects:**\n- **Businesses** in waste management, recycling, and \"green industries\" (companies that reuse materials or reduce environmental harm)\n- **Local councils** and government agencies who must coordinate waste strategies\n- **The general public** through education programs and waste reduction targets\n- **Waste depot operators** who pay levies that partly fund the Green Industry Fund\n\n**Key parts of the law:**\n\n- **Green Industries SA** is a government-owned corporation with a Board (6–10 members) and a Chief Executive. It must include people with expertise in waste management, business, sustainability, and at least one woman and one man.\n\n- **Guiding principles** include the \"circular economy\" (keeping materials in use longer), the \"waste hierarchy\" (avoid waste first, then reduce, reuse, recycle, recover energy, treat, and only then dispose), and \"ecologically sustainable development.\"\n\n- **Green Industry Fund** — a pool of money (funded partly from waste levies) that Green Industries SA and the Minister can spend on waste reduction projects, climate change initiatives, and disaster clean-up costs.\n\n- **Waste strategy** — Green Industries SA must develop a public 5-year plan setting targets for reducing waste and increasing recycling, with public consultation.\n\n- **Name protection** — It's illegal to use names like \"Green Industries SA\" or \"Zero Waste\" for commercial purposes without permission (fines up to $20,000).\n\n**Why it matters:**\nThis law shifts South Australia from a \"throw-away\" economy toward one where waste is treated as a resource. It creates a dedicated agency to drive innovation in recycling and green business, funded by the waste industry itself through levies."}},"importantCases":[],"_links":{"self":"/api/acts/green-industries-sa-act-2004","history":"/api/acts/green-industries-sa-act-2004/history","analysis":"/api/acts/green-industries-sa-act-2004/analysis","conflicts":"/api/acts/green-industries-sa-act-2004/conflicts","importantCases":"/api/acts/green-industries-sa-act-2004/important-cases","documents":"/api/acts/green-industries-sa-act-2004/documents"}}