{"id":"port-pirie-smelting-facility-lead-in-air-concentrations-act-2013","name":"Port Pirie Smelting Facility (Lead-In-Air Concentrations) Act 2013","slug":"port-pirie-smelting-facility-lead-in-air-concentrations-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106315,"registerId":"sa-port-pirie-smelting-facility-lead-in-air-concentrations-act-2013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Port Pirie Smelting Facility (Lead-In-Air Concentrations) Act 2013","content":"South Australia\nPort Pirie Smelting Facility (Lead-In-Air Concentrations) Act 2013\nAn Act to regulate the variation of conditions and application of laws relating to lead emissions in respect of a smelting facility at Port Pirie; and for other purposes.\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tProvisions relating to reduction of maximum lead‑in‑air condition by Environment Protection Authority\n5\tMaximum lead‑in‑air condition not affected by other laws of State\n6\tImmunity provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Port Pirie Smelting Facility (Lead‑In‑Air Concentrations) Act 2013.\n2—Commencement\nThis Act will come into operation on a day to be fixed by proclamation.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nCompany means Nyrstar Port Pirie Pty Ltd ACN 008 046 428 and includes its successors and assigns;\nManufacturing Minister means the Minister to whom the administration of the Industries Development Act 1941 is committed;\nmaximum lead‑in‑air condition means a condition of the relevant environmental authorisation that specifies the maximum permissible air concentration of lead at a location or locations in Port Pirie specified in the relevant environmental authorisation;\nplant means the metals processing facility owned and operated by the Company at Port Pirie as it is constituted from time to time, including all ancillary and associated plant, equipment and other works;\nproject means the redevelopment of the plant by the Company to transform it from a primary lead smelter to a poly‑metallic processing facility by replacing the existing sinter technology with enclosed bath smelting processing technology and the carrying out of associated works;\nproject completion date—see subsection (2)(c);\nrelevant environmental authorisation means any environmental authorisation under the Environment Protection Act 1993 applying from time to time in relation to the Company's operations in connection with the plant.\n\t(2)\tFor the purposes of this Act—\n\t(a)\tthe Company must, not more than 7 days after successfully commencing commercial operations of the enclosed bath smelting facility installed as part of the project, give notice to the Manufacturing Minister of the day on which those operations commenced (the project completion notice); and\n\t(b)\tthe Manufacturing Minister must, by notice published in the Gazette within 7 days of receipt of the project completion notice, give notice of that receipt; and\n\t(c)\tthe project completion date is the date on which the notice under paragraph (b) is published in the Gazette.\n4—Provisions relating to reduction of maximum lead‑in‑air condition by Environment Protection Authority\n\t(1)\tThe Environment Protection Authority may not, during the period commencing on the project completion date and ending on the commencement day, vary a maximum lead‑in‑air condition in a way that would have the effect of reducing the maximum specified in the condition unless the Environment Protection Authority has consulted with—\n\t(a)\tthe Manufacturing Minister; and\n\t(b)\tthe Company.\n\t(2)\tThe Environment Protection Authority may not, during the prescribed period, vary a maximum lead‑in‑air condition in a way that would have the effect of reducing the maximum specified in the condition.\n\t(3)\tSubsection (2) does not apply if—\n\t(a)\tthe Manufacturing Minister approves the variation; or\n\t(b)\tthe Company consents to the variation.\n\t(4)\tBefore granting an approval under subsection (3)(a), the Manufacturing Minister must—\n\t(a)\tconsult with, and invite written submissions (to be provided within a reasonable period specified by the Manufacturing Minister) from—\n\t(i)\tthe Company; and\n\t(ii)\tthe Minister to whom the administration of the Environment Protection Act 1993 is committed; and\n\t(b)\ttake into account the following:\n\t(i)\tany written submissions received under paragraph (a);\n\t(ii)\trecent medical and scientific advances relating to lead emissions;\n\t(iii)\tinternational standards relating to lead emissions;\n\t(iv)\tthe impact of the proposed variation on—\n\t(A)\tthe Port Pirie community; and\n\t(B)\tthe Company;\n\t(v)\tany other matter the Manufacturing Minister thinks fit.\n\t(5)\tNothing in subsection (2)—\n\t(a)\tapplies to a condition of the relevant environmental authorisation other than a maximum lead‑in‑air condition; or\n\t(b)\taffects any requirement for the Company to take reasonable and practicable measures to prevent or minimise any environmental harm that may result from its operations in connection with the plant.\n\t(6)\tIn this section—\ncommencement day means—\n\t(a)\tthe day that falls 6 months after the project completion date; or\n\t(b)\tif the Environment Protection Authority varies a maximum lead‑in‑air condition after the project completion date (but before the day that falls 6 months after the project completion date)—the day on which the variation is made,\nwhichever day occurs first;\nprescribed period means the period that commences on the commencement day and ends 10 years after that day.\n5—Maximum lead‑in‑air condition not affected by other laws of State\n\t(1)\tThe law of the State is modified so that any requirement applying (whether directly or indirectly) to the Company under—\n\t(a)\ta law of the State; or\n\t(b)\ta relevant authorisation,\nthat would have the effect of reducing the maximum permissible air concentrations of lead at a location or locations in Port Pirie specified in a condition of a relevant environmental authorisation (a relevant requirement), is taken not to apply (but only to the extent that the relevant requirement has that effect and except as provided in subsection (3)) to the Company during the prescribed period.\n\t(2)\tThe modification of the law under subsection (1) applies to a relevant requirement whether the relevant requirement was imposed before or after the commencement of this Act.\n\t(3)\tSubsection (1) does not apply to the extent that the Manufacturing Minister determines, by notice in writing to the Company, that a particular law or authorisation specified in the notice should not be so modified, or should only be modified as specified in the notice.\n\t(4)\tThe Manufacturing Minister may only make a determination under subsection (3) if—\n\t(a)\tthe Company consents to the making of the determination; or\n\t(b)\tthe Manufacturing Minister—\n\t(i)\tconsults with, and invites written submissions (to be provided within a reasonable period specified by the Manufacturing Minister) from—\n\t(A)\tthe Company; and\n\t(B)\tif the particular law or authorisation specified in the notice is an Act, or is imposed under an Act (as the case may be), the Minister to whom the administration of the Act is committed; and\n\t(ii)\ttakes into account the following:\n\t(A)\tany written submissions received under subparagraph (i);\n\t(B)\trecent medical and scientific advances relating to lead emissions;\n\t(C)\tinternational standards relating to lead emissions;\n\t(D)\tthe impact of the proposed determination on—\n\t•\tthe Port Pirie community; and\n\t•\tthe Company;\n\t(E)\tany other matter the Manufacturing Minister thinks fit.\n\t(5)\tIn this section—\nprescribed period means the period starting on the commencement of this Act and ending—\n\t(a)\tif a project completion notice is given to the Manufacturing Minister—10 years after the project completion date; or\n\t(b)\tin any other case—4 years after the commencement of this Act;\nrelevant authorisation means a licence, authorisation, permit, consent or approval imposed under a law of the State, but does not include a relevant environmental authorisation.\n6—Immunity provision\nNo act or omission undertaken or made by the Manufacturing Minister or any other person engaged in the administration of this Act with a view to exercising or performing a power or function under this Act gives rise to any liability (whether based on a statutory or common law duty to take care or otherwise) against the Manufacturing Minister or other person or the Crown.\nLegislative history\nNotes\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.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2013\n38\nPort Pirie Smelting Facility (Lead-In-Air Concentrations) Act 2013 \n19.9.2013\n1.5.2014 (Gazette 1.5.2014 p1569)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose. It was enacted specifically to provide regulatory certainty for the Port Pirie smelter upgrade project, and its provisions (naming the specific company, defining the specific plant, and creating time-limited protections tied to the project completion) remain focused on that single facility and transaction. There is no evidence of scope creep into broader environmental or industrial policy."},"complexity_factors":["Multiple defined terms (8 in section 3, plus 2 in section 4 and 1 in section 5) including nested definitions like 'project completion date' which depends on notice requirements in subsection 3(2)","Complex temporal calculations: the 'prescribed period' and 'commencement day' involve multiple conditional date calculations (6 months after project completion, 10 years after commencement day, 4 year fallback if no project completion notice)","Conditional exceptions to prohibitions: section 4(2) creates a prohibition with two exception pathways in 4(3), which themselves have preconditions (Minister approval requires consultation and specific mandatory considerations in 4(4))","Broad statutory modification in section 5(1): modifies 'the law of the State' generally, with carve-outs and a discretionary power in 5(3)-(4) that mirrors the consultation requirements of section 4","Cross-references to external legislation: Environment Protection Act 1993 and Industries Development Act 1941","Specific immunity clause in section 6 that covers both statutory and common law duties"],"plain_english_summary":"This South Australian law creates special rules that protect a specific lead smelter in Port Pirie (owned by Nyrstar) from having its air pollution limits tightened for up to 10 years after the company finishes upgrading its facility.\n\n**What it does:**\n- **Locks in lead pollution limits**: Once the company completes its plant upgrade (switching to \"enclosed bath smelting\" technology), the Environment Protection Authority (EPA) cannot reduce the maximum allowed lead-in-air concentrations for 10 years—unless the Manufacturing Minister approves it or the company agrees.\n- **Blocks other laws**: Even if other South Australian laws or permits would normally require stricter lead limits, those requirements don't apply to this smelter during the protected period.\n- **Sets up a special approval process**: If the EPA or anyone wants stricter limits, the Manufacturing Minister must consult the company, consider scientific evidence, community impact, and international standards—but the company gets significant veto power.\n\n**Who it affects:**\n- **Nyrstar Port Pirie Pty Ltd**: The specific company that owns the smelter. The law names them directly and includes their \"successors and assigns\" (future owners).\n- **Port Pirie residents**: The community living near the smelter, whose exposure to lead air pollution is effectively capped at current levels regardless of new health evidence.\n- **The EPA**: Their usual power to tighten environmental conditions is restricted.\n\n**Why it matters:**\nThis is an unusual example of a law written for one specific company and facility. It effectively overrides normal environmental protection processes to give the smelter certainty about its regulatory costs during and after a major upgrade. The trade-off is that public health protections that might otherwise improve based on new science are delayed for up to a decade, unless the company consents or a Minister approves changes after a consultation process."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act itself defines its scope: it restricts EPA’s ability to reduce maximum lead‑in‑air conditions for Port Pirie and exempts other State requirements that would have the same effect for the Company during specified 'prescribed periods' tied to project milestones or fixed terms (ss 3–5). The text contains no indication that the scope has been altered from what the Act sets out; ministerial determinations and company consent are the mechanisms that can narrow that statutory protection (s 5(3)–(4))."},"complexity_factors":["Defined timing and trigger mechanics for the project completion date, project completion notice, and commencement day (s 3(2); s 4(6)): multiple linked timepoints create sequencing complexity.","Overlapping and differing ‘prescribed period’ definitions in s 4 and s 5 that tie durations to different events (s 4(6); s 5(5)): requires careful temporal application.","Ministerial discretion to approve variations and to make determinations carving out other laws, subject to consultation and broad criteria including “any other matter the Manufacturing Minister thinks fit” (s 4(3)–(4); s 5(3)–(4)): introduces judgment-based decisionmaking.","Company’s procedural obligations and veto-like consent option (Company must give project completion notice; Company may consent to EPA variation) creating asymmetrical bargaining power (s 3(2)(a); s 4(3)(b)).","Modification of the whole of State law insofar as it would reduce specified maxima (s 5(1)–(2)): requires cross-referencing many external statutes and authorisations to identify affected requirements.","Consultation and publication formalities (Gazette notice, invited written submissions within a reasonable period) impose process and timing burdens on ministers, agencies and the Company (s 3(2)(b); s 4(4)(a); s 5(4)(b)(i)).","Immunity clause removing liability for officials acting under the Act (s 6): affects legal risk allocation and potential judicial review dynamics.","Interaction with existing environmental authorisations and obligations to prevent or minimise environmental harm (s 3 definitions; s 4(5)(b)): requires reconciling non‑lead conditions with the Act’s protections."],"plain_english_summary":"The Act limits when the Environment Protection Authority (EPA) may reduce maximum lead‑in‑air concentrations for Port Pirie after Nyrstar’s conversion to enclosed bath smelting: the EPA cannot lower those maxima during prescribed periods unless the Manufacturing Minister or the Company approves, after specified consultations (ss 3–4). It also modifies State laws so other requirements that would lower those maxima do not apply to the Company for the prescribed period, allows ministerial carve‑outs with consultation, and grants immunity to officials acting under the Act (ss 5–6)."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope change cannot be assessed as the legislative text was not available for review. No content was returned beyond a website error page."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions, schedules, or definitions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"This South Australian Act from 2013 targets the Port Pirie lead smelter by establishing legal limits on lead-in-air concentrations around the facility.  \n\nIt affects nearby residents (particularly children and other vulnerable groups), the smelter operator, and state regulators — and matters because it addresses a longstanding public‑health concern about elevated lead exposure in the Port Pirie community."}},"importantCases":[],"_links":{"self":"/api/acts/port-pirie-smelting-facility-lead-in-air-concentrations-act-2013","history":"/api/acts/port-pirie-smelting-facility-lead-in-air-concentrations-act-2013/history","analysis":"/api/acts/port-pirie-smelting-facility-lead-in-air-concentrations-act-2013/analysis","conflicts":"/api/acts/port-pirie-smelting-facility-lead-in-air-concentrations-act-2013/conflicts","importantCases":"/api/acts/port-pirie-smelting-facility-lead-in-air-concentrations-act-2013/important-cases","documents":"/api/acts/port-pirie-smelting-facility-lead-in-air-concentrations-act-2013/documents"}}