Part 15Miscellaneous

Part 15—Miscellaneous 110—Constitution of Environment, Resources and Development Court The following provisions apply in respect of the constitution of the Environment, Resources and Development Court when exercising jurisdiction under this Act: (a) the Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Senior Judge of the Court so determines, be constituted of a Judge and one commissioner; (b) the provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and one commissioner in the same way as in relation to a full bench of the Court; (c) the Court may not be constituted of or include a commissioner unless— (i) in a case where only one commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or (ii) in any other case—at least one commissioner, is a commissioner who has been specifically designated by the Governor as a person who has expertise in environmental protection and management. 111—Annual reports by Authority (1) The Authority must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act during the period of 12 months that ended on the preceding 30 June. (2) The Authority must include in the report— (a) an audited statement of the income and expenditure of the Environment Protection Fund, together with details of the items of income and expenditure of the Fund, for the period to which the report relates; and (b) any direction given to the Authority by the Minister during the period to which the report relates. (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after his or her receipt of the report. (4) The report is, by force of this section, referred to the Environment, Resources and Development Committee of the Parliament. 112—State of environment reports (1) The Authority must prepare and publish at least every five years a report on the state of the environment. (2) The report must be delivered to the Minister who must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after his or her receipt of the report. (3) The report must— (a) include an assessment of the condition of the major environmental resources of South Australia; and (ab) include a specific assessment of the state of the River Murray, especially taking into account the Objectives for a Healthy River Murray under the River Murray Act 2003; and (b) identify significant trends in environmental quality based on an analysis of indicators of environmental quality; and (c) review significant programmes, activities and achievements of public authorities relating to the protection, restoration or enhancement of the environment; and (d) review the progress made towards achieving the objects of this Act; and (e) identify any significant issues and make any recommendations that, in the opinion of the Authority, should be drawn to the attention of the Minister. (4) The public authorities of the State must co-operate in furnishing to the Authority any information required by the Authority for inclusion in the report. (5) The Minister must, within a reasonable time after the report being delivered to the Minister, prepare and publish a response to the report. (6) The Minister must cause a copy of the Minister's response to be laid before each House of Parliament within 12 sitting days after the publication of the response. 113—Waste depot levy (1) The holder of a licence to conduct a waste depot must pay the prescribed levy to the Authority in respect of waste received at the depot. (2) Differential levies may be prescribed for the purposes of subsection (1). (3) The levy must be paid at such intervals and in such manner as the Authority by notice in writing directs. (4) Where the holder of a licence fails to pay a levy as required under this section, the Authority may, by notice in writing, require the holder to make good the default and, in addition, to pay to the Authority the amount prescribed as a penalty for default. (5) A levy (including any penalty for default) payable by a person under this section is recoverable by the Authority as a debt due to the Authority and is, until paid, a charge on any land owned by the person. (6) In this section— waste depot means a waste depot as described in Part A of Schedule 1. 114—Waste facilities operated by Authority (1) The Authority may, with the approval of the Minister and subject to such conditions as the Minister may impose, carry on operations for the collection, storage, treatment and disposal of domestic and rural waste chemicals and containers. (2) The Authority does not require a licence or other authorisation under any other provisions of this Act in order to carry on operations referred to in subsection (1) and compliance with the conditions of the Minister's approval will be taken to constitute compliance with the other provisions of this Act. 115—Delegations (1) The Authority may, by instrument in writing, delegate a power or function under this Act— (a) to a specified public authority; or (b) to a particular person or committee; or (c) to the person for the time being performing particular duties or holding or acting in a particular position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the Authority to act in any matter; and (c) is revocable at will. 116—Waiver or refund of fees and levies and payment by instalments The Authority or another administering agency may, in cases of a kind approved by the Minister— (a) waive the payment of, or refund, the whole or part of a fee or levy otherwise required to be paid to the Authority or other administering agency under this Act; or (b) allow the payment of a fee or levy by instalments. 117—Notices, orders or other documents issued by Authority or authorised officers (1) A notice, order or other document to be issued or executed by the Authority must— (a) be under the common seal of the Authority affixed in accordance with this section; or (b) be signed on behalf of the Authority by a person or persons in accordance with authority conferred under this section. (2) The common seal of the Authority must not be affixed to a document except in pursuance of a decision of the Board, and the affixing of the seal must be attested by the signatures of two members of the Board. (3) The Authority may, by instrument under its common seal, authorise a member of the Board, an authorised officer or a Public Service employee assigned to assist the Authority to execute documents on behalf of the Authority. (4) An authority under subsection (3) may be given— (a) subject to conditions specified in the instrument of authority; (b) so as to authorise two or more persons to execute documents jointly. (5) A notice or other document to be issued by an authorised officer must be signed by the authorised officer and state his or her name and that he or she is an authorised officer under this Act. 118—Service (1) A notice, order or other document required or authorised by this Act to be given to or served on a person by the Minister, the Authority, another administering agency or an authorised officer may be given or served— (a) by delivering it personally to the person or an agent of the person; or (b) by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) by posting it to the person or agent of the person at the person's or agent's last known place of residence or business. (2) Without limiting the effect of subsection (1), a notice, order or other document required or authorised to be given to or served on a person may— (a) if the person is the holder of an environmental authorisation or a beverage container approval—be given to or served on the person— (i) by posting it to the person at the address last provided to the Authority by the person for that purpose; or (ii) by transmitting it to the person by facsimile transmission to the number last provided to the Authority by the person for that purpose; or (b) if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—be given or served on the person in accordance with that Act. 119—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act. (a) if the person made the statement knowing that it was false or misleading— (i) in the case of a body corporate—$120 000; (ii) in the case of a natural person—$60 000 or imprisonment for 2 years; (b) in any other case— (i) in the case of a body corporate—$60 000; (ii) in the case of a natural person—$30 000. 120—Statutory declarations Where a person is required by or under this Act to furnish information to the Authority or another administering agency, the Authority or other administering agency may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been so verified. 120A—False or misleading reports (1) A person who makes a false or misleading report to the Authority, another administering agency or a person engaged in the administration of this Act is guilty of an offence if— (a) the person knows the report is false or misleading; and (b) the report is of a kind that would reasonably call for investigation or action by the Authority or another administering agency. (2) Where a person is convicted of an offence against subsection (1), the court must, on application by the Authority or another administering agency, order the convicted person to pay to the Authority or other administering agency the reasonable costs and expenses incurred by the Authority or other administering agency in carrying out an investigation or taking action as a result of the false or misleading report. 121—Confidentiality A person must not divulge any information relating to trade processes or financial information obtained (whether by that person or some other person) in the administration or enforcement of this Act except— (a) as authorised by or under this Act or the Green Industries SA Act 2004; or (b) with the consent of the person from whom the information was obtained or to whom the information relates; or (c) in connection with the administration or enforcement of this Act; or (d) for the purpose of any legal proceedings arising out of the administration or enforcement of this Act. 123—Continuing offences (1) Where an offence against a provision of this Act is committed by a person by reason of a continuing act or omission— (a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence; and (b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence. (2) For the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed. 124—General defence (1) It will be a defence in any criminal proceedings, or in any proceedings for the payment of an amount as a civil penalty, in respect of an alleged contravention of this Act, including— (a) proceedings against a body corporate or a natural person where conduct or a state of mind is imputed to the body or person under this Part; and (b) proceedings against an officer of a body corporate under this Part, if it is proved that the alleged contravention did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the contravention or contraventions of the same or a similar nature. (2) Without limiting the effect of subsection (1), the defence provided by that subsection includes the defence that the act or omission alleged to constitute the contravention was justified by the need to protect life, the environment or property in a situation of emergency and that the defendant was not guilty of any failure to take all reasonable and practicable measures to prevent or deal with such an emergency. (3) Where a body corporate or other employer seeks to establish the defence provided by this section by proving the establishment of proper workplace systems and procedures designed to prevent a contravention of this Act, that proof must be accompanied by proof— (a) that proper systems and procedures were also in place whereby any such contravention or risk of such contravention of this Act that came to the knowledge of a person at any level in the workforce was required to be reported promptly to the governing body of the body corporate or to the employer, or to a person or group with the right to report to the governing body or to the employer; and (b) that the governing body of the body corporate or the employer actively and effectively promoted and enforced compliance with this Act and with all such systems and procedures within all relevant areas of the workforce. (4) A person who would, but for the defence provided by this section, have contravened a provision of this Act is, despite that defence, to be taken to have contravened that provision for the purposes of— (a) any proceedings under section 104 in respect of the contravention; and (b) the issuing or enforcement of any clean-up order or clean-up authorisation under this Act in respect of the contravention; and (c) the making by a court of an order under section 133 in proceedings for an offence in respect of the contravention. 125—Notice of defences (1) A person who, in criminal proceedings, intends to rely on the general defence under this Part or any other defence under this Act may only do so if the person gives notice in writing of that intention— (a) if the proceedings are for a summary offence and have been commenced by an authorised officer appointed by a council—to the council; or (b) in any other case—to the Authority. (2) A notice under subsection (1) must be given— (a) if the proceedings are for a summary offence—within 28 days after the summons to answer the charge is served on the person; or (b) if the proceedings are for a minor indictable offence where the charge is to be dealt with in the same way as a charge of a summary offence—not less than 28 days before the date for hearing of the charge; or (c) in any other case—within seven days after the person is committed for trial. 126—Proof of intention etc Subject to any express provision in this Act to the contrary, it will not be necessary to prove any intention or other state of mind in order to establish a contravention of this Act. 127—Imputation of conduct or state of mind of officer, employee etc (1) For the purposes of proceedings for an offence against this Act or proceedings for the payment of an amount as a civil penalty in respect of an alleged contravention of this Act— (a) the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; (b) the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person. (2) Where— (a) a natural person is convicted of an offence against this Act; and (b) the person would not have been convicted of the offence but for the operation of subsection (1), the person is not liable to be punished by imprisonment for the offence. (3) For the purposes of this section, a reference to conduct or acting includes a reference to failure to act. 128—Statement of officer evidence against body corporate In proceedings for an offence against this Act by a body corporate or proceedings against a body corporate for the payment of an amount as a civil penalty in respect of an alleged contravention of this Act, a statement made by an officer of the body corporate is admissible as evidence against the body corporate. 129—Liability of officers of body corporate (1) Where a body corporate contravenes a provision of this Act, a person who is an officer of the body corporate is— (a) subject to the general defence under this Part, guilty of a contravention of this Act; and (b) subject to subsection (2), liable to the same penalty as may be imposed for the principal contravention when committed by a natural person. (2) Where an officer of a body corporate is convicted of an offence under subsection (1), the officer is not liable to be punished by imprisonment for the offence. (3) Where a body corporate contravenes a provision of this Act, an officer of the body corporate who knowingly promoted or acquiesced in the contravention is also guilty of contravening that provision. (4) An officer of a body corporate— (a) may be prosecuted and convicted of an offence pursuant to subsection (1) or (3); or (b) may be ordered to pay an amount as a civil penalty pursuant to subsection (1) or (3), whether or not there has been a finding by a court that the body corporate committed the contravention. (5) If, in proceedings against a body corporate for an offence against this Act or for the imposition of a penalty in respect of a contravention of this Act— (a) information or a document was admitted in evidence against the body corporate; and (b) an officer of the body corporate had been required to give the information or produce the document under a provision of this Act; and (c) the information or document was such as to tend to incriminate the body corporate of the offence or make the body corporate liable to the penalty (as the case may be), the officer of the body corporate will not be guilty of a contravention of this Act as a result of the body corporate having been found guilty of the offence, or liable to the penalty, in those proceedings. 130—Reports in respect of alleged contraventions Where a person reports to the Authority or another administering agency an alleged contravention of this Act, the Authority or other administering agency (as the case may be) must, at the request of the person, advise the person as soon as practicable of the action (if any) taken or proposed to be taken by the Authority or other administering agency in respect of the allegation. 131—Commencement of proceedings for summary offences (1) Proceedings for a summary offence against this Act may only be commenced by an authorised officer. (2) Proceedings for a summary offence against this Act may be commenced at any time within three years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at any later time within 10 years after the date of the alleged commission of the offence. (3) An apparently genuine document purporting to be signed by the Attorney-General authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. (4) Where proceedings for a summary offence against this Act are commenced by an authorised officer who is an officer or employee of a council, any penalty imposed in respect of the offence is payable to and may be retained by the council. 132—Offences and Environment, Resources and Development Court Offences constituted by this Act lie within the criminal jurisdiction of the Environment, Resources and Development Court. 133—Orders in respect of contraventions (1) Where, in proceedings under this Act, the court finds that the defendant contravened this Act and the contravention has resulted in environmental harm, the court may, in addition to any penalty it may impose, do one or more of the following: (a) order the person to take specified action to make good any resulting environmental damage and, if appropriate, to take specified action to prevent or mitigate further environmental harm; (b) order the person to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit; (c) order the person to take specified action to publicise the contravention and its environmental and other consequences and any other orders made against the person; (d) order the person to pay— (i) to any public authority that has incurred costs or expenses in taking action to prevent or mitigate the environmental harm or to make good any resulting environmental damage; and (ii) to any person who has suffered injury or loss or damage to property as a result of the contravention, or incurred costs or expenses in taking action to prevent or mitigate such injury, loss or damage, the reasonable costs and expenses so incurred, or compensation for the injury, loss or damage so suffered, as the case may be, in such amount as is determined by the court. (1a) Where a person is found by a court to have contravened this Act, the court may, in addition to any penalty it may impose, order the person to pay to the Authority an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention. (1b) For the purposes of subsection (1a), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance. (2) The court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order. (3) An amount paid to the Authority in accordance with an order under subsection (1a) must be paid into the Environment Protection Fund. 134—Appointment of analysts The Authority may, with the approval of the Minister, appoint a person to be an analyst for the purposes of this Act. 135—Recovery of administrative and technical costs associated with contraventions (1) Where a person has contravened this Act and the Authority or another administering agency— (a) has taken action to— (i) investigate the contravention; or (ii) issue an order under Part 10 in respect of the contravention; or (iii) ensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act; or (b) has, in taking such action, incurred costs and expenses in taking samples or in conducting tests, examinations or analyses, the Authority or other administering agency may, by notice in writing served on the person, require the person to pay to the Authority or other administering agency— (c) in respect of action to investigate the contravention or to issue an order under Part 10 in respect of the contravention—a fee fixed by, or calculated in accordance with, the regulations; or (d) in respect of action to ensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act—the reasonable costs and expenses incurred by the Authority or other administering agency in taking that action; or (e) in respect of costs and expenses incurred in taking samples or in conducting tests, examinations or analyses—the reasonable costs and expenses so incurred by the Authority or other administering agency. (2) Subject to subsection (3), an amount payable to the Authority or another administering agency in accordance with a notice under this section must be paid within the period specified in the notice. (3) On application by a person who has been served a notice under this section, the Authority or other administering agency that served the notice may, by notice in writing— (a) extend the time for payment of an amount payable in accordance with the notice; or (b) waive payment of such an amount or reduce the amount payable. (4) A person who fails to pay an amount payable to the Authority or another administering agency in accordance with this section is guilty of an offence. Maximum penalty: $1 000. Expiation fee: $500. (5) If a notice is issued under this section in respect of a contravention and— (a) the contravention is the subject of an appeal; or (b) the notice requires payment of an amount in respect of the issue of an order under Part 10 and the order is the subject of an appeal, the notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the contravention was committed or that the order was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined). (6) A notice served on the holder of an environmental authorisation under this section in respect of a contravention of a condition of the authorisation— (a) must not require the payment of a fee in respect of action taken, or costs and expenses incurred, in investigating the contravention unless the contravention has been established, or is taken to have been established, against the holder of the authorisation; but (b) may require— (i) the payment of a fee in respect of the issue of an order under Part 10 in respect of the contravention; or (ii) the payment of reasonable costs and expenses incurred— (A) in taking action to ensure compliance with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act; or (B) in taking samples or in conducting tests, examinations or analyses in the course of taking such action, whether or not the contravention has been established, or is taken to have been established, against the holder of the authorisation. (7) For the purposes of subsection (6), a contravention of a condition of an environmental authorisation has been established, or is taken to have been established, against the holder of the authorisation if— (a) a court, in criminal proceedings or in proceedings under section 104A, has found that the holder of the authorisation committed the contravention; or (b) the holder of the authorisation, by negotiation with the Authority under section 104A, has agreed to pay a civil penalty in respect of the contravention. (8) If an amount payable to the Authority or another administering agency is not paid in accordance with this section, the amount may be recovered as a debt by the Authority or other administering agency. 135A—Recovery of administrative and technical costs associated with action under Part 10A (1) This section applies to the following action taken by the Authority: (a) conducting investigations (including taking samples or conducting tests, examinations or analyses) in connection with— (i) issuing a site contamination assessment order or site remediation order; or (ii) entering into an agreement for an approved voluntary site contamination assessment proposal under section 103I or an approved voluntary site remediation proposal under section 103K; or (b) investigating or monitoring compliance with such an order or agreement (including taking samples or conducting tests, examinations or analyses); or (c) conducting negotiations with the relevant person in relation to such an order or agreement. (2) If the Authority has incurred costs or expenses in taking action to which this section applies, the Authority may, by notice in writing served on the relevant person, require the person to pay to the Authority a fee fixed by, or calculated in accordance with, the regulations. (3) Subject to subsection (4), an amount payable to the Authority in accordance with a notice under this section must be paid within the period specified in the notice. (4) On application by a person who has been served a notice under this section, the Authority may, by notice in writing— (a) extend the time for payment of an amount payable in accordance with the notice; or (b) waive payment of such an amount or reduce the amount payable. (5) A person who fails to pay an amount payable to the Authority in accordance with this section is guilty of an offence. Maximum penalty: $1 000. Expiation fee: $500. (6) If a notice issued under this section requires payment of an amount in respect of a site contamination assessment order or site remediation order and the order is the subject of an appeal, the notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the order was contravened or that the order was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined). (7) If an amount payable to the Authority is not paid in accordance with this section, the amount may be recovered as a debt by the Authority. (8) In this section— relevant person, in relation to a site, means the person— (a) who is or who would be the appropriate person to be issued with a site contamination assessment order or site remediation order in respect of the site (determined in accordance with section 103C); and (b) in respect of whom action to which this section applies is being or has been taken. 136—Assessment of reasonable costs and expenses For the purposes of this Act, the reasonable costs and expenses that have been or would be incurred by the Authority, another administering agency or some other public authority or person in taking any action are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by independent contractors engaged for that purpose. 137—Recovery from related bodies corporate Where— (a) an amount is payable by a body corporate pursuant to this Act or an order of a court made under this Act; and (b) at the time of the contravention giving rise to that liability, that body and another body were related bodies corporate, the related bodies corporate are jointly and severally liable to make the payment. 137A—Joint and several liability Where an amount is recoverable by the Authority or another administering agency from two or more persons under a provision of this Act, the provision is to be construed as if those persons were jointly and severally liable to pay the amount to the Authority or other administering agency (as the case may be). 138—Enforcement of charge on land (1) If any default is made in payment of an amount that is, by virtue of this Act, a charge on land in favour of the Minister, the Authority or another administering agency, the Minister, the Authority or the other administering agency has the same powers in respect of the land charged as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage. (2) This section and the other provisions of this Act relating to registration by the Registrar-General and the priority of charges apply notwithstanding the provisions of the Real Property Act 1886. 139—Evidentiary (1) In any proceedings, a certificate executed by the Minister, the Authority or another administering agency certifying as to a matter relating to— (a) an environmental authorisation or other authorisation under this Act; or (b) the appointment or non-appointment of a person as an authorised officer or an analyst or otherwise under this Act; or (c) a delegation or authority under this Act; or (d) a notice, order, requirement or direction of the Minister, the Authority or the other administering agency under this Act; or (e) any other decision of the Minister, the Authority or the other administering agency; or (f) the receipt or non-receipt by the Minister, the Authority or the other administering agency of a notification or information required to be given or furnished to the Authority or the Minister under this Act, constitutes proof, in the absence of proof to the contrary, of the matters so certified. (2) In any proceedings for the recovery of reasonable costs and expenses incurred by the Minister, the Authority, another administering agency or some other public authority under this Act, a certificate executed by the Minister, the Authority, the other administering agency or other public authority detailing the costs and expenses and the purpose for which they were incurred constitutes proof, in the absence of proof to the contrary, of the matters so certified. (3) An allegation in a complaint that specified matter was a pollutant constitutes proof, in the absence of proof to the contrary, of the matters so alleged. (3a) An allegation in an information that specified matter was waste or other matter constitutes proof, in the absence of proof to the contrary, of the matters so alleged. (4) In any proceedings for an offence against this Act where it is alleged that the defendant caused an environmental nuisance, evidence by an authorised officer that he or she formed the opinion based on his or her own senses— (a) that pollutants discharged or emitted from a place occupied by the defendant travelled to a place occupied by another person; and (b) that the level, nature or extent of the pollution within the place occupied by the other person was such as to constitute an unreasonable interference with the person's enjoyment of the place, constitutes proof, in the absence of proof to the contrary, that the defendant caused an environmental nuisance. (4a) In any proceedings for an offence against this Act, a certificate of an authorised officer certifying that, at a specified time— (a) a specified vehicle was stopped or parked in a specified place; or (b) a specified person was the owner of a specified vehicle, constitutes proof, in the absence of proof to the contrary, of those matters. (5) In any proceedings, a certificate executed by a person appointed by the Authority as an analyst for the purposes of this Act and setting out details as to an analysis carried out by or under the direction of the person and the results of the analysis constitutes proof, in the absence of proof to the contrary, of the matters so certified. (6) An apparently genuine document purporting to be an authorisation, notice, order, certificate or other document, or a copy of an authorisation, notice, order, certificate or other document, issued or executed— (a) by the Minister, the Authority, another administering agency or an authorised officer under this Act; or (b) by a public authority for the purpose of recovering costs and expenses incurred by the public authority under this Act; or (c) by an analyst appointed by the Authority for the purposes of this Act, will be accepted as such in the absence of proof to the contrary. 140—Regulations (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (aa) make provisions implementing a national environment protection measure; (a) amend Schedule 1 by— (i) inserting a provision into, substituting a provision in, or deleting a provision from, the Schedule; or (ii) inserting material into, substituting material in, or deleting material from, a provision of the Schedule; (ab) provide for the manner in which Acts or instruments may refer to a prescribed activity of environmental significance (eg by way of an item number or an activity (or both)); (b) exempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions; (c) prescribe forms for the purposes of this Act; (d) prescribe fees, or provide for the Authority to determine fees, to be paid in respect of any matter under this Act and provide for the recovery of those fees; (da) provide for matters relating to the identification or tracking of waste or other matter or the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter at depots, facilities, works or any other place including— (i) the weighing, calculation and certification of mass or volume of the waste or matter; and (ii) the monitoring of the handling, storage, treatment, transfer, transportation, receipt or disposal of the waste or matter; and (iii) the installation, use or maintenance of cameras at depots, facilities or works; and (iv) the installation, use or maintenance of GPS devices in or in relation to vehicles of a prescribed class (including, but not limited to, vehicles used in the course of a prescribed activity of environmental significance); and (v) the prevention of tampering with such cameras or GPS devices; and (vi) the access, use or retention by the Authority or another administering agency of information collected by such cameras or GPS devices; (db) provide for the furnishing to the Authority, another administering agency or an authorised officer, of any other reports, statements, documents or other forms of information; (e) authorise the release or publication of information of a specified kind obtained in the administration of this Act; (f) include evidentiary provisions to facilitate proof of contraventions of this Act for the purposes of proceedings for offences; (g) prescribe fines (not exceeding $10 000) for offences against the regulations; (h) prescribe expiation fees (not exceeding $1 000) for alleged offences against the regulations. (3) Regulations under this Act— (a) may be of general application or limited application; (b) make different provision according to the matters or circumstances to which they are expressed to apply; (ba) refer to, or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed person or body, as in force from time to time or as in force at a specified time; and (c) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Authority, another administering agency, an authorised officer or a prescribed person or body. (3a) If the regulations refer to a code, standard or other document— (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister or the Authority or another administering agency as a true copy of the code, standard or other document; and (c) the code, standard or other document has effect as if it were a regulation made under this Act. (4) A regulation under this Act may prescribe differential fees for the purposes of this Act or may provide for fees to be determined by reference to factors related to the quality and quantity of pollution caused or likely to be caused by the persons liable to pay the fees or by reference to other factors. (5) A regulation under this Act may make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations or environment protection policies under this Act. (6) A provision referred to in subsection (5) may, if the regulations so provide, take effect from the date of assent to this Act or a later day. (7) To the extent to which a provision referred to in subsection (5) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or (b) to impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication.