Part 10Enforcement

Part 10—Enforcement Division 1—Authorised officers and their powers 85—Appointment of authorised officers (1) The Authority may appoint persons to be authorised officers for the purposes of this Act. (2) All members of the police force are authorised officers for the purposes of this Act. (3) A council may appoint as authorised officers specified officers or employees of the council, or officers or employees of the council of a specified class. (4) An appointment— (a) may be made subject to conditions specified in the instrument of appointment; and (b) is, in the case of an appointment by a council or other appointment of a prescribed class, subject to conditions prescribed by regulation. (5) The Authority or a council may, at any time, revoke an appointment made by the Authority or council, or vary or revoke a condition specified in the instrument of such an appointment or impose a further such condition. 85A—Senior authorised officers (1) An authorised officer holding appointment under section 85(1) may be appointed by the Authority as a senior authorised officer for the purposes of section 88A by endorsement to that effect in the officer's instrument of appointment. (2) The endorsement may be subject to such conditions as the Authority thinks fit and specifies in the endorsement. (3) The Authority may, at any time, revoke the endorsement, or vary or revoke a condition specified in the endorsement or impose a further such condition. 86—Identification of authorised officers (1) An authorised officer, other than a member of the police force, must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act. (2) Where the powers of an authorised officer have been limited by conditions under this Division or Division 1 of Part 8, the identity card issued to the authorised officer must contain a statement of the limitation on the officer's powers. (3) An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person— (a) in the case of an authorised officer who is a member of the police force and is not in uniform—his or her certificate of authority; or (b) in the case of an authorised officer who is not a member of the police force—his or her identity card. 87—Powers of authorised officers (1) Subject to this Division, an authorised officer may— (a) enter and inspect any place or vehicle for any reasonable purpose connected with the administration or enforcement of this Act; (b) with the authority of a warrant issued under this Division or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any place or vehicle; (c) give directions with respect to the stopping or movement of a vehicle as reasonably required in connection with the administration or enforcement of this Act; (d) take and remove samples of any substance or thing from any place or vehicle for analysis as reasonably required in connection with the administration or enforcement of this Act; (e) require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; (f) examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; (g) take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; (h) examine or test any plant, equipment, vehicle or other thing as reasonably required in connection with the administration or enforcement of this Act, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing; (i) seize and retain, or issue a seizure order in respect of, anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; (ia) take onto or into any place or vehicle, and use, any equipment or apparatus (such as drilling, boring, earth-moving, testing, measuring, photographic, film, audio, video or other recording equipment or apparatus) as reasonably required in connection with the administration or enforcement of this Act; (j) require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; (k) require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity; (l) require a person holding or required to hold an environmental authorisation to produce it for inspection; (m) give any directions reasonably required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act. (2) An authorised officer may not exercise the power of entry under this section in respect of premises except where— (a) the premises are business premises being used at the time in the course of business; or (b) the authorised officer reasonably suspects that— (i) a contravention of this Act has been, is being, or is about to be, committed in the premises; or (ii) something may be found in the premises that has been used in, or constitutes evidence of, a contravention of this Act; or (c) the exercise of the power is reasonably required for the purposes of assessing the existence or causes of known or suspected site contamination; or (d) construction, demolition, excavation or other earthworks, or any activity carried out in preparation for construction, demolition, excavation or other earthworks, is being or has been carried on at the premises and— (i) the works or activity has or may have disturbed, uncovered or produced waste or pollutants of a kind prescribed by regulation; or (ii) a potentially contaminating activity of a kind prescribed by regulation has previously taken place there. (3) An authorised officer may not exercise the power to enter or inspect, or to seize, a vehicle except— (a) in relation to a vehicle of a class prescribed by regulation; or (b) where the authorised officer reasonably suspects that— (i) a contravention of this Act has been, is being, or is about to be, committed in relation to the vehicle; or (ii) something may be found in or on the vehicle that has been used in, or constitutes evidence of, a contravention of this Act. (4) Where— (a) a person whose native language is not English is suspected of having committed an offence against this Act; and (b) the person is not reasonably fluent in English, (c) the person is entitled to be assisted by an interpreter during any questioning conducted by an authorised officer in the course of an investigation of the suspected offence; (d) where it appears that the person may be entitled to be assisted by an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until the person has been informed of the right to an interpreter; (e) if the person requests the assistance of an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until an interpreter is present. (5) In the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances. (6) An authorised officer may require an occupier of any place or a person apparently in charge of any plant, equipment, vehicle or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act. (7) Where a person gives assistance to an authorised officer as required under subsection (6), the person must, if he or she so requires, be reimbursed by the authorised officer or the Authority for any reasonable costs and expenses incurred in giving the assistance. (8) An authorised officer appointed by a council may only exercise powers under this Act— (a) within the area of the council; and (b) within the area of any other council to the extent agreed to, in writing, by the other council. (9) Where the exercise of a power under this section (other than a power exercised with the authority of a warrant) results in any damage, the Authority or, if the power was exercised by an authorised officer appointed by a council, the council must make good the damage as soon as is reasonably practicable or pay reasonable compensation for the damage. (10) In this section— construction includes alteration or refurbishment. 88—Warrants other than special powers warrants (1) Where, on the application of an authorised officer, a magistrate is satisfied that there are reasonable grounds to believe— (a) that a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or (b) that something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or (c) that site contamination may exist in a place or something may be found in a place that constitutes evidence of a cause of site contamination, the magistrate may issue a warrant in respect of the place or vehicle authorising an authorised officer, with such assistants as he or she consider necessary, to use reasonable force to break into or open any part of, or anything in or on, the place or vehicle as specified in the warrant. (2) An application for the issue of a warrant may be made either personally or by telephone. (3) The grounds of an application for a warrant must be verified by affidavit. (4) An application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally. (5) Where an application for the issue of a warrant is made by telephone, the following provisions apply: (a) the applicant must inform the magistrate of his or her name and identify himself or herself as an authorised officer, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer; (b) the applicant must inform the magistrate of the grounds on which he or she seeks the issue of the warrant; (c) if it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the magistrate must inform the applicant of the facts on which he or she relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant; (e) the warrant will be taken to have been issued, and will come into force, when signed by the magistrate; (f) the magistrate must inform the applicant of the terms of the warrant; (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c). (6) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Environment, Resources and Development Court. (7) An authorised officer who executes a warrant must, as soon as practicable after execution of the warrant— (a) prepare a notice in the prescribed form containing— (i) his or her own name and a statement that he or she is an authorised officer under this Act; and (ii) the name of the magistrate who issued the warrant and the date and time of its issue; and (iii) a description of the place or vehicle to which the warrant relates and of the authority conferred by the warrant; and (b) give the notice to the occupier or person apparently in charge of the place or vehicle in respect of which the warrant was issued or leave it for him or her in a prominent position on the place or vehicle. (8) A warrant, if not executed at the expiration of one month from the date of its issue, then expires. (9) This section does not apply in relation to a special powers warrant issued under section 88A. 88A—Powers of senior authorised officers to investigate illegal dumping etc (1) A senior authorised officer appointed under section 85A may apply to a judge of the Supreme Court for a warrant authorising the exercise of powers under this section (a special powers warrant). (2) Subject to subsection (8), the application must be made by the senior authorised officer appearing personally before the judge following the lodging of a written application. (3) The grounds of the application must be verified by affidavit. (4) The judge may require further information to be given in relation to the application. (5) The judge may issue a special powers warrant if satisfied that— (a) there are reasonable grounds to believe that— (i) a contravention of this Act has been, is being, or is about to be, committed in or in relation to premises or a vehicle; or (ii) something may be found in premises or in or on a vehicle that constitutes or may constitute, or will or may give rise to, evidence of a contravention of this Act, (whether or not committed at the premises or in connection with the vehicle) in relation to the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter; and (b) it is reasonable to do so, taking into account— (i) the extent to which the privacy of a person would be likely to be interfered with by the use of powers under the warrant; and (ii) the gravity of the criminal conduct to which the investigation relates; and (iii) the significance to the investigation of the information sought to be obtained; and (iv) the likely effectiveness of the use of the powers authorised by the warrant in obtaining the information sought; and (v) the availability of alternative means of obtaining the information; and (vi) any other warrants under this Act applied for or issued in relation to the same matter; and (vii) any other matter that the judge considers relevant. (6) A special powers warrant— (a) must specify the name of the senior authorised officer on whom the powers under the warrant are conferred (or, if the judge considers that specifying the name may endanger the officer's safety, a code name allocated to the officer by the judge); and (b) may authorise the exercise of any 1 or more of the following powers (as specified in the warrant): (i) the power to mark waste or other matter found in specified premises or in or on a specified vehicle or class of vehicle by— (A) spraying or brushing paint or any other identifying substance onto the waste or matter; or (B) spraying, brushing or placing microdots or similar identifying objects onto or with the waste or matter; or (C) placing any other identifying objects with the waste or matter, (to enable the subsequent identification of the waste or matter at another place following its movement there); or (ii) the power to install a camera in, on or in relation to, specified premises or a specified vehicle or class of vehicle or thing and use or maintain it or cause it to be used or maintained as so installed for a specified period; or (iii) the power to install a GPS device in, on or in relation to a specified vehicle or class of vehicle or specified waste or matter or a specified class of waste or matter and use or maintain it or cause it to be used or maintained as so installed for a specified period; or (iv) the power to retrieve a substance, object or equipment placed or installed, or any waste or matter marked, under a previous subparagraph; and (c) must specify the period for which the warrant will be in force (being a period not longer than 90 days); and (d) may specify such other conditions, limitations or matters as the judge thinks fit; and (e) may, on application by a senior authorised officer, be varied or renewed (and this section will apply in relation to such an application in the same way as if it were an application for the issue of the warrant). (7) Subject to any conditions or limitations specified in a special powers warrant— (a) the warrant will be taken to authorise the senior authorised officer to enter or interfere with any premises, vehicle or thing as reasonably required to exercise the powers specified in the warrant; and (b) the authority under the warrant to enter or interfere with any premises, vehicle or thing will be taken to include the authority— (i) to use reasonable force or subterfuge for that purpose; and (ii) to take any action reasonably required in respect of the premises, vehicle or thing for the purpose of placing, installing, using, maintaining or retrieving a substance, object or equipment to which the warrant relates; and (iii) to extract and use electricity for taking that action or for the use of the substance, object or equipment; and (c) the authority under the warrant to enter specified premises will be taken to include the authority— (i) to exercise any of the powers in sections 87(1)(c) to (m) (inclusive) and 87(6) in relation to the premises, vehicle or thing (subject to the requirement in section 87(7)); and (ii) to exercise non‑forcible passage through adjoining or nearby premises (but not through the interior of any building or structure) as reasonably required for the purpose of gaining entry to those specified premises; and (d) the powers conferred by the warrant may be exercised by the senior authorised officer at any time and with such assistants as the officer considers necessary. (8) If, in the opinion of the applicant, a special powers warrant is urgently required and it is impracticable in the circumstances to make the application personally, the application may be made— (a) by telephone in accordance with subsection (9); or (b) by fax, email or other electronic means in accordance with subsection (10). (9) If an application is made by telephone, the following provisions apply: (a) the applicant must inform the judge of— (i) the applicant's name and position in the Authority (and the judge, on receiving that information, is entitled to assume its accuracy without further inquiry); and (ii) the nature of the powers proposed to be exercised under the warrant (including details of any substance, object or equipment proposed to be used); and (iii) the proposed duration of the warrant; and (iv) the circumstances giving rise to the necessity for the application to be made by telephone; and (v) the grounds on which the warrant, or variation or renewal of the warrant, is sought; (b) the judge may, on being satisfied as to the circumstances giving rise to the necessity for the application being made by telephone and the grounds for the issue of a special powers warrant, and on the applicant giving an undertaking to make an affidavit verifying the application, make out and sign the warrant; (c) the warrant is to be taken to have been issued, and comes into force, when signed by the judge; (d) the judge must inform the applicant of the terms of the warrant; (e) the applicant must fill out and sign a warrant form (a duplicate warrant) that— (i) sets out the name of the judge who issued the original warrant and the terms of the warrant; and (ii) complies with any other requirements prescribed by regulation; (f) the applicant must, as soon as practicable after the issue of the warrant, forward to the judge an affidavit verifying the application and a copy of the duplicate warrant. (10) If an application is made by fax, email or other electronic means, the following provisions apply: (a) the application must specify— (i) the applicant's name and position in the Authority; and (ii) the nature of the powers proposed to be exercised under the warrant (including details of any substance, object or equipment proposed to be used); and (iii) the proposed duration of the warrant; and (iv) the circumstances giving rise to the necessity for the application to be made by the particular means; and (v) the grounds on which the warrant, or variation or renewal of the warrant, is sought; (b) the application must be accompanied (through fax, email or other electronic means) by an affidavit made by the applicant verifying the application; (c) the applicant must be available to speak to the judge by telephone; (d) the judge is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant during a telephone conversation with the judge is indeed the applicant; (e) the judge may, on being satisfied as to the circumstances giving rise to the necessity for the application being made by fax, email or other electronic means and the grounds for the issue of a special powers warrant, make out and sign the warrant; (f) the warrant is to be taken to have been issued, and comes into force, when signed by the judge; (g) the judge must forward the warrant to the applicant by fax, email or other electronic means. (11) In this section— microdots means identification tags etched, coded or marked with unique identifiers (including identifiers that are discernible only on viewing under magnification). 89—Provisions relating to seizure (1) A seizure order under this Division— (a) must be in the form of a written notice served on the owner or person in control of the thing to which the order relates; and (b) may be varied or revoked by further such written notice. (2) Where a seizure order is issued under this Division, a person who removes or interferes with the thing to which the order relates without the approval of the Authority before an order is made under subsection (3)(b) in respect of the thing or the seizure order is discharged under subsection (3)(c) is guilty of an offence. (3) Where a thing has been seized or made subject to a seizure order under this Division the following provisions apply: (a) the thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the Authority, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Authority thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) where proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may— (i) order that it be forfeited to the Authority; or (ii) where it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Authority or that the person to whom it was released or the defendant pay to the Authority an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit; (c) where— (i) proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order; or (ii) proceedings have been so instituted and— (A) the defendant is found not guilty of the offence; or (B) the defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b), then— (iii) in the case of a thing seized—the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Authority (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure; or (iv) in the case of a thing subject to a seizure order—the order is discharged. (4) In subsection (3)— the prescribed period means six months or such longer period as the Environment, Resources and Development Court may, on application by the Authority, allow. 90—Offence to hinder etc authorised officers (1) A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) refuses or fails to comply with a requirement or direction of an authorised officer under this Division; or (d) when required by an authorised officer under this Division to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that he or she is an authorised officer or other person with powers under this Act, is guilty of an offence. (2) A person who assaults an authorised officer, or a person assisting an authorised officer in the exercise of powers under this Act, is guilty of an offence. Maximum penalty: $15 000 or imprisonment for 2 years, or both. 91—Self-incrimination (1) It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by a natural person with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 92—Offences by authorised officers etc (1) An authorised officer, or a person assisting an authorised officer, who— (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person, is guilty of an offence. Division 2—Environment protection orders 93—Environment protection orders (1) The Authority or another administering agency may issue an environment protection order under this Division— (a) for the purpose of securing compliance with— (i) the general environmental duty; or (ii) mandatory provisions of an environment protection policy; or (iii) a condition of an environmental authorisation; or (iv) a condition of a beverage container approval; or (v) any other requirement imposed by or under this Act; or (b) for the purpose of giving effect to an environment protection policy. (2) An environment protection order— (a) must be in the form of a written notice served on the person to whom the notice is issued; (b) must— (i) specify the person to whom it is issued (whether by name or a description sufficient to identify the person); (ii) if the order is issued for the purpose of securing compliance with the general environmental duty—state the purpose and specify the environmental harm that it is directed towards preventing or minimising; (iii) if the order is issued for the purpose of securing compliance with mandatory provisions of an environment protection policy, a condition or any other requirement imposed by or under this Act—state the purpose and specify the mandatory provisions, condition or requirement; (iv) if the order is issued for the purpose of giving effect to an environment protection policy—state the purpose and specify the policy; (c) may impose any requirement reasonably required for the purpose for which the order is issued including one or more of the following: (i) a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Authority or other administering agency; (ii) a requirement that the person not carry on a specified activity except at specified times or subject to specified conditions; (iii) a requirement that the person take specified action within a specified period or at specified times or in specified circumstances; (iv) a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the Authority or other administering agency, a plan of action to prevent, minimise or control pollution or waste; (v) a requirement that the person comply with such a plan of action to the satisfaction of the Authority or other administering agency; (vi) a requirement that the person undertake specified tests or environmental monitoring; (vii) a requirement that the person furnish to the Authority or other administering agency specified test, monitoring or compliance reports; (viii) a requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or undertake tests or monitoring required by the order; (d) must state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order. (2aa) Despite any other provisions of this section, an environment protection policy may make provision as to the circumstances in which an environment protection order may be issued or as to the requirements or contents of an order. (2a) Where a proposed environment protection order (except an emergency environment protection order) or a proposed variation of an environment protection order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority or other administering agency must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice. (2b) The period of the notice referred to in subsection (2a) must be— (a) in the case of an order to confirm an emergency environment protection order—at least 24 hours; (b) in all other cases—at least 14 days. (3) An authorised officer may, if of the opinion that urgent action is required for the protection of the environment, issue an emergency environment protection order imposing requirements of a kind referred to in subsection (2)(c) as reasonably required for the protection of the environment. (4) An emergency environment protection order may be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development Court against the order. (5) Where an emergency environment protection order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written environment protection order issued by the Authority or another administering agency and served on the person. (6) The Authority, another administering agency or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other environment protection order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement. (7) Where an environment protection order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order. (8) A person to whom an environment protection order is issued must comply with the order. (a) if the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and a penalty is fixed by this Act for contravention of that requirement—that penalty; (b) if the order was issued in relation to a domestic activity for the purpose of securing compliance with the general environmental duty—$500; (c) if the order was issued in relation to a domestic activity in circumstances specified in an environment protection policy or for the purpose of giving effect to an environment protection policy—$500; (d) in any other case—$4 000. (a) if the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and an expiation fee is fixed by this Act for contravention of that requirement—that expiation fee; (b) if the order was issued in relation to a domestic activity for the purpose of securing compliance with the general environmental duty—$100; (c) if the order was issued in relation to a domestic activity in circumstances specified in an environment protection policy or for the purpose of giving effect to an environment protection policy—$100; (d) in any other case—$300. (8aa) If— (a) in the case of an offence under subsection (8) of failing to comply with an environment protection order imposing a requirement for the purpose of securing compliance with a condition of an environmental authorisation—the alleged offender has expiated the offence; and (b) the act or omission the subject of the requirement continues after that expiation, a continuing default penalty is payable by the person for each day on which the act or omission continues of an amount equal to one‑fifth of the expiation fee applying in respect of the offence. (8ab) For the purposes of the continuing default penalty under subsection (8aa), an obligation to do something is to be regarded as continuing regardless of the fact that any period within which, or time before which, the act is required to be done has expired or passed. (8ac) A continuing default penalty under this section is recoverable by the Authority as a debt due to the Authority. (8a) It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by an environment protection order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (8b) If compliance by a prescribed person with a requirement to provide information imposed by an environment protection order might tend to incriminate the person or make the person liable to a penalty, then the information provided in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). (9) A person must not hinder or obstruct a person complying with an environment protection order. 93A—Environment protection orders relating to cessation of activity (1) The Authority may issue an environment protection order for the purpose of— (a) preventing or minimising environmental harm; or (b) dealing with stockpiled or abandoned waste or other matter, that may result from a prescribed activity of environmental significance after the activity has ceased. (2) The regulations may— (a) limit the circumstances in which an environment protection order may be issued under this section; or (b) prescribe circumstances in which an environment protection order issued under this section will be taken to have been revoked. (3) An environment protection order issued for a purpose described in subsection (1)— (a) must be in the form of a written notice served on the owner for the time being of the land on which the activity was undertaken (whether or not the owner was the person who had undertaken the activity); (b) must— (i) specify the person to whom it is issued (whether by name or a description sufficient to identify the person); (ii) state the purpose for which it is issued and specify the environmental harm that it is directed towards preventing or minimising or the waste or other matter that it is directed towards dealing with (as the case may be); (c) may impose any requirement of a kind that could be imposed as a condition of an environmental authorisation or that is reasonably required for the purpose for which the order is issued (including a requirement of a kind that could be imposed in an order issued under section 93); (d) must state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order. (4) The Authority may, by written notice served on a person to whom an environment protection order has been issued in accordance with this section, vary or revoke the order. (5) A person to whom an environment protection order is issued in accordance with this section must comply with the order. (6) It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by an environment protection order issued in accordance with this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (7) If compliance by a prescribed person with a requirement to provide information imposed by an environment protection order issued in accordance with this section might tend to incriminate the person or make the person liable to a penalty, then the information provided in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). (8) A person must not hinder or obstruct a person complying with an environment protection order issued in accordance with this section. (9) This section is in addition to and does not limit the effect of section 93. (10) This section only applies in relation to a prescribed activity of environmental significance that ceases after the commencement of this section. 94—Registration of environment protection orders in relation to land (1) Where an environment protection order has been issued under this Division, the Authority or, if the order was issued by another administering agency, that administering agency may do either or both of the following: (a) if the order was issued in relation to an activity carried on on land or an activity previously carried on on land—apply to the Registrar-General for registration of the order in relation to that land; (b) apply to the Registrar-General for registration of the order in relation to land owned by a person to whom the order was issued. (2) The application must— (a) define the land to which it relates; and (b) state that registration of the environment protection order in relation to the land— (i) will, by virtue of subsection (4), result in the order becoming binding on each owner and occupier from time to time of the land or each owner from time to time of the land (as the case may require); or (ii) is to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority or other administering agency of costs and expenses incurred in the event of non-compliance with the requirements of the order, or both, as the case may require. (3) The Registrar-General must on— (a) application by the Authority or another administering agency under subsection (1); and (b) lodgement of a copy of the environment protection order, register the order in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit. (4) Where— (a) an environment protection order has been issued in relation to an activity carried on on land or an activity previously carried on on land; and (b) the order is registered under this section in relation to the land, (c) the order is binding on— (i) in the case of an environment protection order issued in relation to an activity carried on on land—each owner and occupier from time to time of the land; or (ii) in the case of an environment protection order issued in relation to an activity previously carried on on land—each owner from time to time of the land, and this Division (including subsection (1)(b)) applies as if the order had been issued to each such person; (d) if such a person ceases to own or occupy the land (as the case may be), he or she must, as soon as reasonably practicable, notify the Authority or, if the order was issued by another administering agency, that administering agency, in writing of the name or address of the new owner or occupier. (4a) If an environment protection order is registered under this section in relation to land, the Authority or, if the order was registered by another administering agency, that administering agency must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (4). (4b) A notice to be given to the occupier of land under subsection (4a) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land. (5) A person who fails to comply with subsection (4)(d) is guilty of an offence. (6) The Registrar-General must, on application by the Authority or, if the order was issued by another administering agency, that administering agency, cancel the registration of an environment protection order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit. (7) The Authority or another administering agency may, if it thinks fit, apply to the Registrar-General for cancellation of the registration of an environment protection order that has been registered in relation to land on the application of the Authority or other administering agency (as the case may be), and must do so— (a) on revocation of the order; or (b) on full compliance with the requirements of the order; or (c) where the Authority or other administering agency takes action under this Division to carry out the requirements of the order—on payment to the Authority or other administering agency of the amount recoverable by the Authority or other administering agency under this Division in relation to the action so taken. 95—Action on non-compliance with environment protection order (1) If the requirements of an environment protection order are not complied with, the Authority or, if the order was issued by another administering agency, that administering agency may take any action required by the order. (2) Any action to be taken by the Authority or another administering agency under subsection (1) may be taken by an authorised officer acting on behalf of the Authority or other administering agency or by other persons authorised by the Authority or other administering agency for the purpose. (3) Where a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply: (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. (4) The reasonable costs and expenses incurred by the Authority or another administering agency in taking action under this section may be recovered by the Authority or other administering agency (as the case may be) as a debt from the person who failed to comply with the requirements of the environment protection order. (4a) Subject to subsection (4b), where— (a) an environment protection order has been registered in relation to land under section 94; or (b) the registration of an environment protection order in relation to land has been cancelled under that section, the Authority or, if the order was registered on the application of another administering agency, that administering agency may recover, as a debt from the person to whom the order was issued, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be). (4b) No amount is recoverable by the Authority or another administering agency under subsection (4a) in relation to an environment protection order that has been revoked. (5) Where an amount is recoverable from a person by the Authority or another administering agency under this section— (a) the Authority or other administering agency may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is until paid a charge in favour of the Authority or other administering agency on any land owned by the person in relation to which the environment protection order is registered under this Division. (6) A charge imposed on land by this section has priority over— (a) any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to registration of the environment protection order in relation to the land. Division 3—Power to require or obtain information 96—Information discovery orders (1) The Authority or another administering agency may issue an information discovery order under this Division for the purpose of obtaining information reasonably required by the Authority or other administering agency (as the case may be) for the administration or enforcement of this Act. (2) An information discovery order may be issued to any person who the Authority or other administering agency reasonably suspects has knowledge of matters, or has possession or control of a document dealing with matters, in respect of which information is required by the Authority or other administering agency. (3) An information discovery order— (a) must be in the form of a written notice served on the person to whom it is issued; (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); (c) may require information, as specified in the order, to be furnished to the Authority or other administering agency in such manner and within such period as is specified in the order; (d) must state the purpose for which the information is required; (e) must state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order. (4) Where an information discovery order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order. (5) A person to whom an information discovery order is issued must comply with the order. 97—Obtaining of information on non-compliance with order or condition of environmental authorisation (1) If a person— (a) fails to furnish information as required by— (i) an information discovery order; or (ii) a condition of an environmental authorisation; or (b) being required by such an order or condition to furnish information, furnishes information that is inaccurate or incomplete, the Authority or, in the case of an information discovery order issued by another administering agency, that administering agency may take such action as is reasonably required to obtain the information. (2) Any action to be taken by the Authority or another administering agency under subsection (1) may be taken by an authorised officer acting on behalf of the Authority or other administering agency or by other persons authorised by the Authority or other administering agency for the purpose. (3) Where a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply: (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. (4) The reasonable costs and expenses incurred by the Authority or another administering agency in taking action under this section may be recovered by the Authority or other administering agency (as the case may be) as a debt from the person whose failure gave rise to the action. 98—Admissibility in evidence of information (1) A person is required to furnish information in compliance with— (a) an information discovery order; or (b) a condition of an environmental authorisation, despite the fact that such compliance might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by a prescribed person with an information discovery order or a condition of an environmental authorisation might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or information (as distinct from the contents of the document or the information); or (b) in any other case—the information furnished in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). Division 4—Action to deal with environmental harm 99—Clean-up orders (1) Where the Authority or another administering agency is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law, the Authority or other administering agency may issue a clean-up order to the person requiring the person to take specified action within a specified period to make good any resulting environmental damage. (2) A clean-up order— (a) must be in the form of a written notice served on the person to whom it is issued; (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); (c) must specify the contravention alleged to have caused the environmental harm; (ca) may include requirements for— (i) preparing, in accordance with specified requirements and to the satisfaction of the Authority or other administering agency, a plan of action in relation to the environmental harm; and (ii) complying with such a plan of action to the satisfaction of the Authority or other administering agency; (d) may include requirements for action to be taken to prevent or mitigate further environmental harm; (e) may include requirements for specified testing or environmental monitoring; (ea) may include requirements for furnishing to the Authority or other administering agency specified test, monitoring or compliance reports; (eb) may include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or undertake tests or monitoring required by the order; (f) must state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order. (2a) Where a proposed clean-up order (except an emergency clean-up order) or a proposed variation of a clean-up order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority or other administering agency must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice. (2b) The period of the notice referred to in subsection (2a) must be— (a) in the case of an order to confirm an emergency clean-up order—at least 24 hours; (b) in all other cases—at least 14 days. (3) Where an authorised officer is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law and is of the opinion that urgent action is required, the authorised officer may issue an emergency clean-up order containing requirements of a kind referred to in the preceding provisions of this section. (4) An emergency clean-up order may be issued orally, but, in that event, the person to whom it is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development Court against the order. (5) Where an emergency clean-up order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written clean-up order issued by the Authority or another administering agency and served on the person. (6) The Authority, another administering agency or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other clean-up order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement. (7) Where a clean-up order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order. (8) A person to whom a clean-up order is issued must comply with the order. (9) It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by a clean-up order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (10) If compliance by a prescribed person with a requirement to provide information imposed by a clean-up order might tend to incriminate the person or make the person liable to a penalty, then the information given in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 100—Clean-up authorisations (1) Where the Authority is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law, the Authority may (whether or not a clean-up order has been issued to the person) issue a clean-up authorisation under which authorised officers or other persons authorised by the Authority for the purpose may take specified action on the Authority's behalf to make good any resulting environmental damage. (2) A clean-up authorisation— (a) must be in the form of a written notice; (b) must specify the person alleged to have caused the environmental harm (whether by name or a description sufficient to identify the person); (c) must specify the contravention alleged to have caused the environmental harm; (d) may include authorisation for action to be taken to prevent or mitigate further environmental harm. (3) The Authority must, as soon as practicable after issuing a clean-up authorisation, serve a copy of the authorisation on the person alleged to have caused the environmental harm. (4) The Authority may, by notice in writing, vary or revoke a clean-up authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the environmental harm. (5) Where a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply: (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. 101—Registration of clean-up orders or clean-up authorisations in relation to land (1) Where a clean-up order has been issued under this Division, the Authority or, if the order was registered by another administering agency, that administering agency may do either or both of the following: (a) if the order was issued to a person requiring action to be taken in relation to land owned or occupied by the person—apply to the Registrar-General for registration of the order in relation to that land; (b) apply to the Registrar-General for registration of the order in relation to land owned by a person to whom the order was issued. (2) Where a clean-up authorisation has been issued under this Division, the Authority may apply to the Registrar-General for registration of the authorisation in relation to land owned by the person whose contravention gave rise to the issuing of the authorisation. (3) An application under this section must— (a) define the land to which it relates; and (b) in the case of— (i) an application for registration of a clean-up order—state that registration of the order in relation to the land— (A) will, by virtue of subsection (5), result in the order becoming binding on each owner and occupier from time to time of the land; or (B) is to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority or other administering agency of costs and expenses incurred in the event of non-compliance with requirements of the order, or both, as the case may require; or (ii) an application for registration of a clean-up authorisation—state that registration of the authorisation in relation to the land is to operate as the basis for a charge on the land, as provided by this Division, securing payment to the Authority of costs and expenses incurred in taking action in pursuance of the authorisation. (4) The Registrar-General must on— (a) application by the Authority or another administering agency under subsection (1) or the Authority under subsection (2); and (b) lodgement of a copy of the clean-up order or clean-up authorisation, register the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit. (5) Where— (a) a clean-up order has been issued to a person requiring action to be taken in relation to land owned or occupied by the person; and (b) the order is registered under this section in relation to the land, (c) the order is binding on each owner and occupier from time to time of the land and this Division (including subsection (1)(b)) applies as if the order had been issued to each such person; (d) an owner or occupier of the land who ceases to own or occupy the land must, as soon as reasonably practicable, notify the Authority or, if the order was issued by another administering agency, that administering agency, in writing of the name and address of the new owner or occupier. (5a) If a clean-up order is registered under this section in relation to land, the Authority or, if the order was issued by another administering agency, that administering agency, must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (5). (5b) A notice to be given to the occupier of land under subsection (5a) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land. (6) A person who fails to comply with subsection (5)(d) is guilty of an offence. (7) The Registrar‑General must— (a) on application by the Authority, cancel the registration of a clean‑up order or clean‑up authorisation that has been registered in relation to land; or (b) if a clean‑up order that has been registered in relation to land was issued by another administering agency, on application by the administering agency, cancel the registration of the clean‑up order, and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit. (8) The Authority or another administering agency may, if it thinks fit, apply to the Registrar‑General for cancellation of the registration of a clean‑up order or clean‑up authorisation that has been registered in relation to land on the application of the Authority or other administering agency (as the case may be), and must do so— (a) on revocation of the order or authorisation; or (b) in relation to— (i) an order— (A) on full compliance with the requirements of the order; or (B) where the Authority or other administering agency takes action under this Division to carry out the requirements of the order—on payment to the Authority or other administering agency of the amount recoverable by the Authority or other administering agency under this Division in relation to the action so taken; or (ii) an authorisation—on payment to the Authority of the amount recoverable by the Authority under this Division in relation to the action taken in pursuance of the authorisation. 102—Action on non-compliance with clean-up order (1) If the requirements of a clean-up order are not complied with, the Authority or, if the order was issued by another administering agency, that administering agency may take any action required by the order. (2) Any action to be taken by the Authority or another administering agency under subsection (1) may be taken by an authorised officer acting on behalf of the Authority or other administering agency or by other persons authorised by the Authority or other administering agency for the purpose. (3) Where a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply: (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. 103—Recovery of costs and expenses (1) The reasonable costs and expenses incurred by the Authority or another administering agency in taking action on non‑compliance with a clean‑up order may be recovered by the Authority or other administering agency (as the case may be) as a debt from the person who failed to comply with the requirements of the order. (2) Where action has been taken by the Authority in pursuance of a clean-up authorisation, the Authority may recover the reasonable costs and expenses incurred by the Authority in taking that action as a debt from the person whose contravention gave rise to the issuing of the authorisation. (2a) Subject to subsection (2b), where— (a) a clean‑up order or clean‑up authorisation has been registered in relation to land under section 101; or (b) the registration of a clean‑up order or clean‑up authorisation in relation to land has been cancelled under that section, the Authority or, in the case of an order that was registered on the application of another administering agency, that administering agency may recover, as a debt from the person whose contravention gave rise to the issuing of the order or authorisation, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be). (2b) No amount is recoverable by the Authority or another administering agency under subsection (2a) in relation to a clean-up order or clean-up authorisation that has been revoked. (3) Where an amount is recoverable from a person by the Authority or another administering agency under this section— (a) the Authority or other administering agency may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is until paid a charge in favour of the Authority or other administering agency on any land owned by the person in relation to which the clean-up order or clean-up authorisation is registered under this Division. (4) A charge imposed on land by this section has priority over— (a) any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to registration of the clean-up order or clean-up authorisation in relation to the land.