Sch 1Prescribed activities of environmental significance

Schedule 1—Prescribed activities of environmental significance Part AA—Interpretation A1—Interpretation (1) In this Schedule, unless the contrary intention appears— community wastewater management system or CWMS means a system for the collection and management of wastewater generated in a town, regional area or other community; contaminated stormwater has the same meaning as in the Environment Protection (Water Quality) Policy 2015; domestic waste means waste produced in the course of a domestic activity; e‑waste means waste comprised of electrical or electronic equipment; human wastewater means human waste either alone or in combination with water; liquid waste means waste classified as liquid waste in accordance with the assessment process set out in the guideline Liquid waste classification test, re‑issued by the Authority in September 2003; listed waste means a substance or thing listed in Part B of this Schedule; medical practice includes the practice of pathology and the operation of an immunisation clinic; medical sharps means needles, syringes with needles, surgical instruments or any other articles or devices that have been discarded in the course of medical, dental or veterinary practice or research and have sharp edges, protuberances or points capable of causing a penetrating injury to a person who comes into contact with them; medical waste means— (a) medical sharps; or (b) human tissue, bone, organ, body part or foetus; or (c) a vessel, bag or tube containing a liquid body substance; or (d) an animal carcass discarded in the course of veterinary or medical practice or research; or (e) a specimen or culture discarded in the course of medical, dental or veterinary practice or research and any material that has come into contact with such a specimen or culture; or (f) any other article or matter that is discarded in the course of medical, dental or veterinary practice or research and that poses a significant risk to the health of a person who comes into contact with it; on-site, in relation to the storage or disposal of waste or other matter—see subclause (3)(a); prescribed factors—see subclause (3)(b); prescribed approved activity—each of the following is a prescribed approved activity: (a) the on‑site storage or disposal of domestic waste; (b) a regulated beverage container activity; (c) a regulated drop‑off station for e‑waste; (d) the temporary on‑site storage of waste (other than tyre waste) while awaiting transport to another place; (e) the conduct of a depot, works or facility— (i) for the disposal by incineration (by way of thermal oxidation using fuel burning equipment) of solid trade waste; and (ii) that has a processing capacity not exceeding 100 kilograms per hour; (f) the storage or disposal of tyre waste in a manner approved by the Authority; (g) the disposal of human wastewater or sewage to land in a manner approved by the Authority; quarantine waste means waste that is subject to quarantine under the Quarantine Act 1908 of the Commonwealth; regulated beverage container activity—see subclause (2); regulated drop-off station for e-waste means a depot, facility or works for the reception of e-waste conducted at a particular location on an occasional basis (not exceeding a total of 30 days during a 12 month period) by a council or other public authority or under a co‑regulatory arrangement (within the meaning of the Product Stewardship Act 2011 of the Commonwealth); tyre waste means waste or other matter comprised of tyres or tyre pieces; waste has the same meaning as in section 4, and includes wastewater; wastewater means waste principally consisting of water and includes— (a) human wastewater; (b) sewage; (c) water containing food or beverage waste; (d) wash down water or cooling water; (e) irrigation runoff or contaminated stormwater; (f) water containing any other trade waste or industrial waste; (g) any other water that has been used in any form of human activity; (h) a combination of any of the above. (2) For the purposes of this Schedule, each of the following is a regulated beverage container activity: (a) the collection and handling of beverage containers by the holder of an approval to operate a collection depot under section 69; (b) the collection, handling and delivery for reuse, recycling or other disposal of beverage containers by the holder of an approval to carry on business as a super collector under section 69; (c) the handling for charitable or non‑profit purposes only of beverage containers bearing an approved refund marking under Part 8 Division 2. (3) For the purposes of this Schedule, unless the contrary intention appears— (a) a reference to the on‑site storage or disposal of waste or other matter is a reference to the storage or disposal of the waste or matter at the place at which the waste or matter was generated; and (b) a reference to the prescribed factors, in relation to an activity, is a reference to— (i) the nature and purpose of the activity; and (ii) the location of the activity; and (iii) the scale and duration of the activity; and (iv) the nature and amount of any waste or pollution produced by the activity; and (v) the manner of conduct of the activity; and (vi) any other factors considered relevant by the Authority. Part A—Activities A2—Interpretation—waste depot For the purposes of section 113(6), a waste depot means any depot, facility or works of a kind referred to in clause 3 of this Part at which waste is received. 1—Petroleum and Chemical (1) Chemical Storage and Warehousing Facilities the storage or warehousing of chemicals or chemical products that are, or are to be, stored or kept in bulk or in containers having a capacity exceeding 200 litres at facilities with a total storage capacity exceeding 1 000 cubic metres. (2) Chemical Works (a) works with a total processing capacity exceeding 100 tonnes per year involving either or both of the following operations: (i) manufacture (through chemical reaction) of any inorganic chemical, including sulphuric acid, inorganic fertilisers, soap, sodium silicate, lime or other calcium compound; (ii) manufacture (through chemical reaction) or processing of any organic chemical or chemical product or petrochemical, including the separation of such materials into different products by distillation or other means; or (b) works with a total processing capacity exceeding 5 000 tonnes per year involving operations for salt production; or (c) works for the production of hydrogen with a production capacity of more than 100 tonnes per year. (3) Coke Works the production, quenching, cutting, crushing and grading of coke. (5) Hydrocarbon storage or production works the conduct of works or a facility— (a) for the storage of hydrocarbon or hydrocarbon products in tanks that, in aggregate, have a storage capacity of more than 2 000 cubic metres; or (b) for the production of hydrocarbon or hydrocarbon products, being works with a production capacity of more than 20 tonnes per hour. (5a) Petrol stations the conduct of a petrol station, being a facility for the storage and retail sale of petroleum products or other liquid organic chemical substances. petroleum product has the same meaning as in the Petroleum Products Regulation Act 1995. (6) Timber preservation works the conduct of works for the preservation of timber by chemicals, but excluding the preservation by a primary producer of timber for use in the course of primary production carried on by the producer. 2—Manufacturing and Mineral Processing (1) Abrasive Blasting the cleaning of materials by the abrasive action of any metal shot or mineral particulate propelled in a gaseous or liquid medium (otherwise than solely by using blast cleaning cabinets less than 5 cubic metres in volume or totally enclosed automatic blast cleaning units). (2) Hot Mix Asphalt Preparation the conduct of works at which crushed or ground rock aggregates are mixed with bituminous or asphaltic materials (by heating in a furnace, kiln or other fuel fired plant) for the purposes of producing road building mixtures. (3) Cement Works the conduct of works for the use of argillaceous and calcareous materials in the production of cement clinker or the grinding of cement clinker. (4) Ceramic Works the conduct of works for the production of any products such as bricks, tiles, pipes, pottery goods, refractories, or glass that are manufactured or are capable of being manufactured in furnaces or kilns fired by any fuel, being works with a total capacity for the production of such products exceeding 100 tonnes per year. (5) Concrete Batching Works the conduct of works for the production of concrete or concrete products that are manufactured or are capable of being manufactured by the mixing of cement, sand, rock, aggregate or other similar materials, being works with a total capacity for production of such products exceeding 0.5 cubic metres per production cycle. (6) Drum reconditioning or treatment works the conduct of works for the cleaning, repairing, reconditioning or other treatment of metal or plastic drums or containers for the purposes of their reuse, including any associated storage facility. (7) Ferrous and Non-ferrous Metal Melting the melting of ferrous or non-ferrous metal in a furnace or furnaces that alone or in aggregate have the capacity to melt in excess of 500 kilograms of metal during the normal cycle of operation. (8) Metallurgical Works the conduct of works at which ores are smelted or reduced to produce metal. (9) Mineral Works the conduct of works for processing mineral ores, sands or earths to produce mineral concentrates. (10) Pulp or Paper Works the conduct of works at which paper pulp or paper is manufactured or is capable of being manufactured, being works with a total capacity for production of such products exceeding 100 tonnes per year. (12) Surface Coating (a) works for metal finishing, in which metal surfaces are prepared or finished by means of electroplating, electrolyse plating, anodising (chromating, phosphating and colouring), chemical etching or milling, or printed circuit board manufacture, being works producing more than 5 kilolitres per day of effluent; or (b) works for hot dip galvanising; or (c) works for spray painting or powder coating with a capacity to use more than 100 litres per day of paint or 10 kilograms per day of dry powder. (13) Timber Processing Works the conduct of works (other than works at a builders supply yard or a home improvement centre) at which timber is sawn, cut, chipped, compressed, milled or machined, being works with a total processing capacity exceeding 4 000 cubic metres per year. (14) Maritime Construction Works the conduct of works for the construction or repair of ships, vessels or floating platforms or structures, being works with the capacity to construct or repair ships, vessels or floating platforms or structures of a mass exceeding 80 tonnes. (15) Vehicle Production the conduct of works for the production of motor vehicles, being works with a production capacity exceeding 2 000 motor vehicles per year. 3—Resource recovery, waste disposal and related activities (1) Waste recovery the conduct of a waste recovery facility, being a depot, facility or works (including, but not limited to, a transfer station or material recovery facility) that, during a 12 month period, receives for preliminary treatment, or has the capacity for the preliminary treatment of— (a) more than 100 tonnes of solid waste or matter; or (b) more than 100 kilolitres of liquid waste or matter, prior to its transfer elsewhere for lawful reuse, further treatment or disposal, but excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified. preliminary treatment, of waste or matter, includes sorting, aggregating, compacting, baling or packaging the waste or matter. (2) Waste reprocessing (a) composting works, being a depot, facility or works with the capacity to treat, during a 12 month period— (i) in the case of works located wholly or partly within a water protection area—more than 200 tonnes of organic waste or matter; or (ii) in the case of works located wholly outside of a water protection area—more than 1 000 tonnes of organic waste or matter, for the production of compost; or (b) scrap metal treatment works, being a depot, facility or works for the treatment of scrap metal (by processes involving electrically heated furnaces or other fuel burning equipment or by mechanical processes); or (c) tyre waste treatment works, being a depot, facility or works with the capacity to treat more than 5 tonnes of tyre waste during a 12 month period; or (d) waste lead acid battery treatment works, being a depot, facility or works with the capacity to treat more than 500 waste lead acid batteries during a 12 month period; or (e) any other waste reprocessing facility, being a depot, works or facility other than a depot, facility or works specified in a preceding paragraph) that, during a 12 month period, receives or has the capacity to treat— (i) more than 100 tonnes of solid waste or matter; or (ii) more than 100 kilolitres of liquid waste or matter, for the production of energy or materials that are ready for use (without requiring further treatment), but excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified. (3) Waste disposal (a) a landfill depot, being a depot, facility or works for the disposal of waste to land; or (b) a liquid waste depot, being a depot, facility or works for the reception and disposal of liquid waste, or the reception, treatment and disposal of liquid waste; or (c) an incineration depot, being a depot, facility or works for the disposal, by incineration, pyrolysis or gasification by high temperature chemical decomposition, or thermal oxidation using fuel burning equipment, of solid waste, a listed waste or quarantine waste, but excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified. (4) Wastewater treatment the conduct of wastewater treatment works, being sewage treatment works, a CWMS, winery wastewater treatment works or any other wastewater treatment works with the capacity to treat, during a 12 month period— (a) in the case of works located wholly or partly within a water protection area—more than 5 megalitres of wastewater; or (b) in the case of works located wholly outside of a water protection area—more than 50 megalitres of wastewater. (5) Activities involving listed wastes (a) an activity producing listed waste—the conduct of an activity in which a listed waste is produced as waste or becomes waste, but excluding the following: (i) a domestic activity; (ii) retail pharmacy; (iii) medical practice (other than the practice of pathology); (iv) nursing practice; (v) dental practice; (vi) veterinary practice; (vii) the conduct of a nursing home or other residential aged care facility; (viii) the conduct of an immunisation clinic; (ix) the conduct of a hospital with capacity of fewer than 40 beds; (x) a prescribed industrial activity; (xi) an activity in which the waste produced is lawfully disposed of to a sewer; (xii) an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified; (b) reception or storage of listed waste—the conduct of a depot, facility or works for the reception or storage of a listed waste, but excluding the following: (i) the temporary on-site storage of such waste while awaiting transport to another place; (ii) an activity consisting only of storing or distributing goods, in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified; (iii) the reception or storage by a council or hospital of medical waste produced in the course of a prescribed medical activity; (iv) the reception or storage by a retail pharmacy of personal sharps waste, pharmaceutical waste or other medical waste, in connection with a return system for such waste; (c) treatment of listed waste—the conduct of a depot, facility or works for the treatment of a listed waste, or wastewater containing a listed waste, by immobilising, stabilising or sterilising the waste by any process (before its further treatment or disposal), but excluding an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified. personal sharps waste means medical sharps that have been used in a domestic situation for medical purposes; pharmaceutical waste means waste comprised of medicines or other pharmaceutical products; prescribed industrial activity—each of the following is a prescribed industrial activity: (a) building work; (b) carpentry or joinery; (c) film processing; (d) plumbing or gas fitting; (e) dry cleaning; (f) primary or secondary school education; (g) agriculture or horticulture; (h) french polishing; (i) manufacturing jewellery; (j) painting or decorating; (k) panel beating and associated spray painting; (l) an activity that results in the production of less than 50 000 litres of waste oil per year; (m) an activity authorised by a lease or licence under the Mining Act 1971, the Petroleum and Geothermal Energy Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982 where the waste is lawfully disposed of to land and contained within the area of the lease or licence; (n) an activity authorised by a lease under the Mining Act 1971 where the waste is lawfully disposed of to land and contained within the area of a miscellaneous purposes licence under that Act adjacent to the area of the lease; prescribed medical activity—each of the following is a prescribed medical activity: (a) medical practice other than— (i) medical practice at a hospital; or (ii) the practice of pathology; (b) nursing practice other than at a hospital; (c) dental practice other than at a hospital; (d) operating a nursing home; (e) veterinary practice; (f) operating a hospital with a capacity of less than 40 beds; (g) operating an immunisation clinic. (6) Waste transport (a) a waste transport business (category A), being the collection or transport for fee or reward of— (i) a listed waste; or (ii) liquid waste (not being such waste lawfully disposed of to a sewer) arising from any commercial or industrial premises or from any teaching or research institution; or (b) a waste transport business (category B), being the collection or transport for fee or reward of— (i) waste from domestic premises where the waste is collected or transported for or on behalf of a council; or (ii) solid waste from any commercial or industrial premises or from any teaching or research institution (other than building or demolition waste); or (iii) human wastewater from a CWMS or a septic tank or other on‑site wastewater system; or (iv) waste soil containing a listed waste in a concentration above that naturally occurring in soil in the area, but excluding an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified. 4—Activities in Specified Areas (1) Brukunga Mine Site the management of the abandoned Brukunga mine site and associated acid neutralisation plant situated adjacent to Dawesley Creek in the Mount Lofty Ranges. (2) Discharge of Stormwater to Underground Aquifers discharge of stormwater from a catchment area exceeding 1 hectare to an underground aquifer by way of a well or other direct means where the stormwater drains to the aquifer from— (a) land or premises on which a business is carried on in the council area of the City of Mount Gambier; or (b) a stormwater drainage system in the council area of the City of Mount Gambier; or (c) a stormwater drainage system in Metropolitan Adelaide as defined in the Development Act 1993 (being Metropolitan Adelaide as applying under Schedule 8 of the Planning, Development and Infrastructure Act 2016). 5—Animal Husbandry and Other Activities (1) Cattle Feedlots carrying on an operation for holding in a confined yard or area and feeding principally by mechanical means or by hand— (a) not less than an average of 500 cattle per day over any period of 12 months; or (b) where the yard or area is situated in a water protection area (as declared under Part 8 of this Act)—not less than an average of 200 cattle per day over any period of 12 months, but not including any such operation carried on at an abattoir, slaughterhouse or saleyard or for the purpose only of drought or other emergency feeding. (3) Saleyards the commercial conduct of yards at which cattle, sheep or other animals are gathered or confined for the purpose of their sale, auction or exchange, including associated transport loading facilities, being yards with a throughput exceeding 50 000 sheep equivalent units per year [sheep equivalent units: 1 sheep or goat = 1 unit, 1 pig (< 40kg) = 1 unit, 1 pig (> 40kg) = 4 units, 1 cattle (< 40kg) = 3 units, 1 cattle (40—400kg) = 6 units, 1 cattle (> 400kg) = 8 units]. (4) Piggeries the conduct of a piggery (being premises having confined or roofed structures for keeping pigs) with a capacity of— (a) in the case of a piggery located wholly outside of a water protection area—6 500 or more standard pig units; or (b) in the case of a piggery located wholly or partly within a water protection area—650 or more standard pig units. standard pig units is a unit of measurement of pigs determined— (a) by reference to clause 4.3 of the National Environmental Guidelines for Piggeries 2010 (second edition (revised)) prepared by Australian Pork Limited; or (b) in a manner approved by the Environment Protection Authority and published on a website determined by the Environment Protection Authority. (5) Poultry Farms—broiler the conduct of a broiler farm, being premises for the growing of poultry meat where the total area of the sheds or structures used to keep the poultry is 13 500 square metres or more. poultry means chicken, turkey, guinea fowl, duck, geese, pheasants, quail, squab (pigeons), muttonbirds or other avian species but does not include ratites. 6—Food Production and Animal and Plant Product Processing (1) Meat processing works the conduct of slaughtering works for commercial purposes for the production of meat or meat products for human or animal consumption, being— (a) in the case of poultry or poultry meat products—works with a rate of production exceeding 200 tonnes per year; or (b) in the case of any other animal meat or animal meat products—works with a rate of production exceeding 100 tonnes per year. (2) Breweries the conduct of works for the production of beer by infusion, boiling or fermentation, being works with a beer production capacity exceeding 5 000 litres per day. (4) Fish Processing the conduct of works for scaling, gilling, gutting, filleting or otherwise processing fish for sale, but excluding— (a) works with a processing output of less than 100 tonnes per year where wastewater is disposed of to a sewer or CWMS; or (b) works with a processing output of less than 2 tonnes per year where wastewater is disposed of otherwise than to a sewer or CWMS; or (c) processing of fish only in the course of a business of selling fish by retail. fish has the same meaning as in the Fisheries Management Act 2007; processing fish does not include freezing, chilling or packing the fish. (5) Milk Processing Works the conduct of works at which milk is separated, evaporated or otherwise processed for the manufacture of evaporated or condensed milk, cheese, butter, ice cream or other similar dairy products, being works at which milk is processed at a rate exceeding 5 000 000 litres per year. (6) Produce Processing Works the conduct of works for processing any agricultural crop material being— (a) works for the processing of agricultural crop material by deep fat frying, roasting or drying through the application of heat with a processing capacity exceeding 30 kilograms per hour; or (b) works at which more than 10 000 000 litres of wastewater is generated and disposed of otherwise than to a sewer or CWMS. (7) Rendering or Fat Extraction Works the conduct of works at which animal, fish or grease trap wastes or other matter is processed or is capable of being processed by rendering or extraction or by some other means to produce tallow or fat or their derivatives or proteinaceous matter, being works with a total processing capacity exceeding 250 kilograms per hour. (8) Curing or Drying Works the conduct of works at which meat, fish or other edible products are smoked, dried or cured by the application of heat or smoke with a total processing capacity exceeding 250 kilograms per hour. (9) Tanneries or Fellmongeries the conduct of works for the commercial preservation or treatment of animal skins or hides being works processing more than 5 tonnes of skins or hides per year, but excluding— (a) the processing of skins or hides by primary producers in the course of primary production activities outside township areas; or (b) the processing of skins or hides in the course of taxidermy. (10) Woolscouring or Wool Carbonising Works the conduct of works for the commercial cleaning or carbonising of wool, but excluding cleaning or carbonising of wool in the course of handicraft activities where the wool is further processed for sale by retail. (11) Wineries or Distilleries the conduct of works for the processing of grapes or other produce to make wine or spirits, but excluding— (a) works that are outside the Mount Lofty Ranges Water Protection Area (as declared under Part 8 of this Act) at which 500 tonnes or less of grapes or other produce are processed per year; or (b) works that are inside the Mount Lofty Ranges Water Protection Area (as declared under Part 8 of this Act) at which 50 tonnes or less of grapes or other produce are processed per year; or (c) works for bottling only. 7—Materials Handling and Transportation (1) Bulk Shipping Facilities the conduct of facilities for bulk handling of agricultural crop products, rock, ores, minerals, petroleum products or chemicals to or from any wharf or wharf side facility (including sea-port grain terminals), being facilities handling or capable of handling these materials into or from vessels at a rate exceeding 100 tonnes per day. (2) Railway Operations the conduct of any of the following activities associated with a railway: (a) the construction or operation of rail infrastructure; and (b) the operation of rolling stock on a railway; and (c) other activities conducted on railway land, but excluding— (d) any activities associated with— (i) a railway with a track gauge that is less than 600mm; or (ii) a railway in a mine which is underground or predominantly underground and used in connection with the performance of mining operations; or (iii) a slipway; or (iv) a crane-type runway; or (v) a railway used solely for the purposes of horse-drawn trams; or (vi) a railway used solely for the purposes of static displays; or (vii) a railway used as an amusement device under the Work Health and Safety Act 2012; or (e) any activity associated with a railway that is excluded from the ambit of the definition of development (within the meaning of the Planning, Development and Infrastructure Act 2016) under regulations made under that Act; or (f) an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified. rail infrastructure means infrastructure associated with the operation of a railway and includes (but is not limited to) railway track, associated track structures, over or under track structures, supports, tunnels, bridges, stations, platforms, train control systems, signalling systems, communication systems, electric traction infrastructure and buildings, but does not include any workshop or repair facility; railway means a guided system designed for the movement of rolling stock which has the capability of transporting passengers, freight or both on a railway track, together with its infrastructure and associated sidings or crossing, or passing loops, and includes a railway in a marshalling yard or a passenger or freight terminal; railway land means— (a) land within a rail corridor or rail reserve, including any associated sidings; and (b) railway yards; and (c) other land over which a railway track passes; rolling stock means a vehicle (whether or not self-propelled) that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track when the vehicle is not operating on a railway track. Examples— A locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley, wagon. (3) Crushing, Grinding or Milling processing (by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner) of— (a) chemicals or rubber at a rate in excess of 100 tonnes per year; or (b) agricultural crop products at a rate in excess of 500 tonnes per year, but excluding non-commercial processing for on farm use; or (c) rock, ores or minerals at a rate in excess of 1 000 tonnes per year, but excluding— (i) processing on a mining lease area, or processing of material from a mining lease area on adjacent land subject to a miscellaneous purposes licence, under the Mining Act 1971; and (ia) processing on the area of a private mine (within the meaning of section 19 of the Mining Act 1971), or processing of material from a private mine on adjacent land subject to a miscellaneous purposes licence under the Mining Act 1971; and (ib) processing of sand, gravel, stone, shell, shale, clay or soil as authorised under any statute other than this Act or the Mining Act 1971; and (ii) processing of wet sand. (4) Dredging removing solid matter from the bed of any marine waters or inland waters by any digging or suction apparatus, but excluding works carried out for the establishment of a visual aid to navigation and any lawful fishing or recreational activity. (5) Coal Handling and Storage the handling of coal or carbonaceous material by any means or the storage of coal, coke or carbonaceous reject material at facilities with a total handling capacity exceeding 100 tonnes per day or a storage capacity exceeding 5 000 tonnes. (6) Earthworks Drainage the conduct of earthworks operations in the course of which more than 100 kilolitres of wastewater containing suspended solids in a concentration exceeding 25 milligrams per litre is discharged directly or indirectly to marine waters or inland waters. (7) Extractive Industries the conduct of operations involving extraction, or extraction and processing (by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner), of sand, gravel, stone, shell, shale, clay or soil, being operations with an extraction production rate exceeding 100 000 tonnes per year. 8—Other (1) Aerodromes the conduct of facilities for commercial or charter aircraft take-off and landing, being facilities used for more than 20 000 flight movements per year. (2) Fuel Burning the conduct of works or facilities involving the use of fuel burning equipment, including flaring (other than flaring at petroleum production, storage or processing works or facilities that do not have a total storage capacity or total production rate exceeding the levels respectively specified in clause 1(5)) or incineration, where the equipment alone or in aggregate is capable of burning combustible matter— (a) at a rate of heat release exceeding 5 megawatts; or (b) at a rate of heat release exceeding 500 kilowatts and the products of combustion are used— (i) to stove enamel; or (ii) to bake or dry any substance that on heating releases dust or air impurities. (3) Helicopter Landing Facilities the conduct of facilities designed for the arrival and departure of helicopters, but excluding— (a) facilities at an aerodrome licensed under Part 6; or (b) facilities at which helicopter arrivals or departures take place on not more than 10 days per year; or (c) facilities that are situated more than 1 kilometre from residential premises not associated with the facilities; or (d) facilities at the site of an activity authorised under the Mining Act 1971, the Petroleum Act 2000, the Petroleum (Submerged Lands) Act 1982 or the Roxby Downs (Indenture Ratification) Act 1982. (4) Marinas and Boating Facilities (a) facilities comprising pontoons, jetties, piers or other structures (whether on water or land) designed or used to provide moorings or dry storage for 50 or more powered vessels at any one time; or (b) works for the repair or maintenance of vessels with the capacity to handle 5 or more vessels at any one time or vessels 12 metres or more in length. (5) Motor Racing or Testing Venues the conduct of facilities designed and used for motor vehicle competitions or motor vehicle speed or performance trials, but excluding facilities that are situated more than 200 metres from residential premises not associated with the facilities. (6) Shooting Ranges the conduct of facilities for shooting competitions, practice or instruction (being shooting involving the propulsion of projectiles by means of explosion), but excluding indoor facilities or facilities that are situated more than 200 metres from residential premises not associated with the facilities. (6a) Desalination Plants the conduct of a desalination plant. desalination plant means a plant for the production of desalinated water that has a production capacity exceeding 200 kilolitres of desalinated water per day, and includes— (a) an underground desalination plant; and (b) a number of underground desalination plants within any 1 square kilometre area that, in aggregate, have a production capacity exceeding 200 kilolitres of desalinated water per day, (c) a plant that disposes of all of its wastewater to a wastewater management system that is the subject of a licence; or (d) a plant that produces 2 megalitres or less of wastewater per year; underground desalination plant means a plant having a system comprised of a borehole, submersible pump and associated equipment for the desalination below the ground of underground water; underground water means water occurring naturally under the ground or introduced to an aquifer or other area under the ground. (7) Discharges to Marine or Inland Waters the conduct of operations, other than a desalination plant referred to in subclause (6a), involving discharges into marine waters or inland waters where— (a) the discharges— (i) raise the temperature of the receiving waters by more than 2 degrees Celsius at any time at a distance of 10 metres or more from the point of discharge; or (ii) contain antibiotic or chemical water treatments; and (b) the total volume of the discharges exceeds 50 kilolitres per day. (8) Cremation or incineration of human or animal remains the conduct of a facility for the cremation or incineration of human or animal remains by means of thermal oxidation using fuel burning equipment. human or animal remains does not include— (a) medical waste; or (b) cytotoxic wastes; or (c) quarantine waste. (9) Pumped hydroelectricity production works the conduct of works or a facility for the generation of electricity by means of passing water through a turbine with a total full‑load sustained output capacity of 30 megawatts or more. Part B—Listed wastes Acids and acidic solutions Adhesives (excluding solid inert polymeric materials) Alkali metals and alkaline earth metals Alkalis and alkaline solutions Antimony and antimony compounds and solutions Arsenic and arsenic compounds and solutions Asbestos Barium compounds and solutions Beryllium and beryllium compounds Boron and boron compounds Cadmium and cadmium compounds and solutions Calcium carbide Carbon disulphide Carcinogens teratogens and mutagens Chlorates Chromium compounds and solutions Copper compounds and solutions Cyanides or cyanide solutions and cyanide complexes Cytotoxic wastes Dangerous substances within the meaning of the Dangerous Substances Act 1979 Distillation residues Fluoride compounds Halogens Heterocyclic organic compounds containing oxygen, nitrogen or sulphur Hydrocarbons and their oxygen, nitrogen and sulphur compounds (including oils) Isocyanate compounds (excluding solid inert polymeric materials) Laboratory chemicals Lead compounds and solutions Lime sludges or slurries Manganese compounds Medical waste Mercaptans Mercury compounds and equipment containing mercury Nickel compounds and solutions Nitrates Organic halogen compounds (excluding solid inert polymeric materials) Organic phosphates Organic solvents Organometallic residues Oxidising agents Paint sludges and residues Perchlorates Peroxides Pesticides (including herbicides and fungicides) Pharmaceutical wastes and residues Phenolic compounds (excluding solid inert polymeric materials) Phosphorus and its compounds Polychlorinated biphenyls Poisons within the meaning of the Controlled Substances Act 1984 Reactive chemicals Reducing agents Selenium and selenium compounds and solutions Silver compounds and solutions Solvent recovery residues Sulphides and sulphide solutions Surfactants Thallium and thallium compounds and solutions Vanadium compounds Zinc compounds and solutions Legislative history Notes • This version is comprised of the following: Schedule 1 • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Environment Protection Act 1993 repealed the following: Beverage Container Act 1975 Clean Air Act 1984 Environmental Protection Council Act 1972 Marine Environment Protection Act 1990 Noise Control Act 1977 Waste Management Act 1987 Legislation amended by principal Act The Environment Protection Act 1993 amended the following: Development Act 1993 Environment, Resources and Development Court Act 1993 Water Resources Act 1990 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Environment Protection Act 1993 27.10.1993 1.5.1995 (Gazette 27.4.1995 p1563) except Sch 2 (cl 4(c))—27.10.1995 (s 7(5) Acts Interpretation Act 1915) Parliamentary Committees (Miscellaneous) Amendment Act 1994 12.5.1994 Sch (cl 2)—1.5.1995 (Gazette 12.5.1994 p1188) (181) Environment Protection (Variation of Act, Schedule 1) Regulations 1994 (Gazette 27.10.1994 p1329) — 1.5.1995: r 2 National Environment Protection Council (South Australia) Act 1995 2.3.1995 Sch 2—2.3.1997 (s 7(5) Acts Interpretation Act 1915) (33) Environment Protection (Variation of Act, Schedule 1) Regulations 1995 (Gazette 13.4.1995 p1441) — 1.5.1995: r 2 Petroleum Products Regulation Act 1995 27.4.1995 1.7.1995 (Gazette 1.6.1995 p2529) Environment Protection (Forum Replacement) Amendment Act 1995 14.12.1995 4.4.1996 (Gazette 4.4.1996 p1886) Development (Major Development Assessment) Amendment Act 1996 15.8.1996 2.1.1997 (Gazette 2.1.1997 p4) Environment Protection (Miscellaneous) Amendment Act 1997 27.3.1997 1.5.1997 (Gazette 1.5.1997 p1666) except s 5—1.5.1995: s 2 Statutes Amendment (Water Resources) Act 1997 19.6.1997 Pt 3 (ss 5—20)—2.7.1997 (Gazette 26.6.1997 p3052) Electricity Corporations (Restructuring and Disposal) Act 1999 1.7.1999 Sch 4 (cll 18 & 19)—29.7.1999 (Gazette 29.7.1999 p528) Development (System Improvement Program) Amendment Act 2000 21.12.2000 Sch 1 (cl 1)—2.4.2001 (Gazette 29.3.2001 p1436) Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001 17.5.2001 Pt 3 (s 5)—14.6.2001 (Gazette 14.6.2001 p2221) (161) Environment Protection (Variation of Act, Schedule 1) Regulations 2001 (Gazette 28.6.2001 p2498) — 28.6.2001: r 2 (229) Environment Protection (Variation of Act, Schedule 1—Railways) Regulations 2001 (Gazette 11.10.2001 p4470) — 11.10.2001: r 2 Aquaculture Act 2001 6.12.2001 Sch (cl 1)—1.7.2002 (Gazette 27.6.2002 p2681) Statutes Amendment (Environment Protection) Act 2002 5.12.2002 Pt 2 (ss 4—22)—10.4.2003 (Gazette 10.4.2003 p1670) River Murray Act 2003 31.7.2003 Sch (cl 6)—24.11.2003 (Gazette 20.11.2003 p4203) Zero Waste SA Act 2004 4.3.2004 Sch 1 (Pt 2)—7.5.2004 (Gazette 6.5.2004 p1225) Statutes Amendment (Courts) Act 2004 8.7.2004 Sch 1—1.9.2004 (Gazette 26.8.2004 p3402) Natural Resources Management Act 2004 5.8.2004 Sch 4 (cll 5—12)—1.7.2005 (Gazette 30.6.2005 p2093) Adelaide Dolphin Sanctuary Act 2005 14.4.2005 Sch 2 (cl 17)—1.7.2005 (Gazette 2.6.2005 p1684) Environment Protection (Miscellaneous) Amendment Act 2005 9.6.2005 1.7.2005 except ss 5(9), 9, 18, 27, 30, 39, 56, 58, 62(4), 70, 72, 73, 74 & 76—1.7.2006 (Gazette 16.6.2005 p1829) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 29 (s 110)—4.9.2006 (Gazette 17.8.2006 p2831) Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 31 (s 94)—1.6.2007 (Gazette 26.4.2007 p1352) Environment Protection (Site Contamination) Amendment Act 2007 1.11.2007 10.12.2007 (Gazette 6.12.2007 p4735) except s 4(6), (7), definitions of site contamination audit, site contamination audit report and site contamination audit statement (as inserted by s 4(8)), ss 103T, 103V, 103X, 103Y, 103Z (as inserted by s 11), 109(3)(ie) & (if) (as inserted by s 14)—20.11.2008 (Gazette 20.11.2008 p5172) and except ss 4(1), definition of cause (as inserted by s 4(3)), 4(4), (5), definitions of site contamination assessment order, site remediation order (as inserted by s 4(8)), 6—10, new Pt 10A Divs 1—3 (as inserted by s 11), new ss 103U, 103W (as inserted by s 11), 12, 13 and s 109(3)(i)—(id) (as inserted by s 14)—1.7.2009 (Gazette 21.5.2009 p1775) (252) Environment Protection (Variation of Act, Schedule 1) Regulations 2007 (Gazette 1.11.2007 p4148) — 29.11.2007: r 2 Marine Parks Act 2007 Sch 1 (cl 17)—6.11.2008 (Gazette 6.11.2008 p5055) Environment Protection (Board of Authority) Amendment Act 2008 12.6.2008 7.8.2008 (Gazette 7.8.2008 p3568) Environment Protection (Miscellaneous) Amendment Act 2008 31.7.2008 1.9.2008 (Gazette 28.8.2008 p3893) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 56 (ss 115—117)—1.2.2010 (Gazette 28.1.2010 p320) Statutes Amendment (Budget 2010) Act 2010 18.11.2010 Pt 3 (ss 6—10)—18.11.2012 (s 7(5) Acts Interpretation Act 1915) Work Health and Safety Act 2012 15.11.2012 Sch 6 (cl 5)—1.1.2013: s 2 (227) Environment Protection (Variation of Act, Schedule 1) Regulations 2013 (Gazette 5.9.2013 p3776) — 30.11.2013: r 2 Statutes Amendment (Budget 2016) Act 2016 8.12.2016 Pt 5 (ss 62—64)—1.2.2017 (Gazette 27.1.2017 p201) Statutes Amendment (Planning, Development and Infrastructure) Act 2017 28.2.2017 Pt 10 (ss 30 to 39 & 40(2) & (3))—19.3.2021 (Gazette 4.3.2021 p823); s 40(1)—uncommenced Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 9 (ss 49—52)—22.6.2017 (Gazette 22.6.2017 p2224) Environment Protection (Waste Reform) Amendment Act 2017 14.11.2017 Pt 2 (ss 4—32)—28.11.2017 (Gazette 28.11.2017 p4752) except Sch 2—14.11.2019 (s 7(5) Acts Interpretation Act 1915) Statutes Amendment (SACAT No 2) Act 2017 Pt 14 (s 77)—22.2.2018 (Gazette 30.1.2018 p524) Statutes Amendment and Repeal (Budget Measures) Act 2018 22.11.2018 Pt 4 (s 63)—1.7.2019; ss 64 & 65—1.1.2020 (Gazette 6.6.2019 p1755) (1) Environment Protection (Variation of Act, Schedule 1) (Waste Reform) Regulations 2019 (Gazette 17.1.2019 p96) — 1.6.2019: r 2 Statutes Amendment and Repeal (Simplify) Act 2019 Pt 15 (ss 26 to 28)—3.10.2019: s 2(1); s 29—18.6.2020 (Gazette 18.6.2020 p3391) Landscape South Australia Act 2019 21.11.2019 Sch 5 (cll 8 to 17)—1.7.2020 (Gazette 25.6.2020 p3502) (311) Environment Protection (Variation of Act, Schedule 1) Regulations 2020 (Gazette 17.12.2020 p5747) — 1.4.2021: r 2 Radiation Protection and Control Act 2021 11.2.2021 Sch 2 (cl 2)—11.2.2023 (s 27(6) Legislation Interpretation Act 2021) Statutes Amendment (COVID-19 Permanent Measures) Act 2021 17.6.2021 Pt 6 (ss 11 & 12)—9.9.2021 (Gazette 18.8.2021 p3099) Environment Protection (Objects of Act and Board Attributes) Amendment Act 2023 5.10.2023 1.3.2024 (Gazette 7.12.2023 p4052) Biodiversity Act 2025 26.6.2025 Sch 5 (cl 20)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 21/2005 s 4 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) administering agency inserted by 21/2005 s 5(1) appointed member amended by 100/1995 s 3(a) amended by 43/2002 s 4(a) appropriate person inserted by 44/2007 s 4(1) approved recovered resource inserted by 45/2017 s 4(1) background concentrations inserted by 44/2007 s 4(2) Board inserted by 43/2002 s 4(b) cause inserted by 44/2007 s 4(3) chemical substance inserted by 44/2007 s 4(3) Chief Executive inserted by 43/2002 s 4(c) substituted by 14/2008 s 4 climate change adaptation inserted by 28/2023 s 3(1) climate change mitigation inserted by 28/2023 s 3(1) council substituted by 21/2005 s 5(2) disposal inserted by 45/2017 s 4(2) domestic partner inserted by 43/2006 s 94(1) environmental nuisance amended by 21/2005 s 5(3), (4) the Forum deleted by 100/1995 s 3(b) greenhouse gas emissions inserted by 28/2023 s 3(2) holding company inserted by 44/2007 s 4(4) liability inserted by 44/2007 s 4(5) occupier substituted by 21/2005 s 5(5) pollutant amended by 21/2005 s 5(6) amended by 45/2017 s 4(3), (4) pollute amended by 45/2017 s 4(5), (6) pre-school inserted by 5/2017 s 30(1) prescribed person inserted by 21/2005 s 5(7) related body corporate amended by 21/2005 s 5(8) remediate inserted by 44/2007 s 4(6) resource recovery inserted by 45/2017 s 4(7) sensitive use inserted by 44/2007 s 4(7) amended by 5/2017 s 30(2) site site contamination site contamination assessment order site contamination audit site contamination auditor site contamination audit report site contamination audit statement site contamination consultant site remediation order spouse substituted by 43/2006 s 94(2) treatment inserted by 45/2017 s 4(8) unauthorised stockpiling inserted by 45/2017 s 4(8) undertake inserted by 21/2005 s 5(9) vehicle substituted by 45/2017 s 4(9) vessel inserted by 45/2017 s 4(9) waste substituted by 21/2005 s 5(10) substituted by 45/2017 s 4(10) waste management hierarchy inserted by 45/2017 s 4(10) waste transport business inserted by 7/2017 s 49 waste transport business inserted by 45/2017 s 4(10)—omitted under Legislation Revision and Publication Act 2002 water substituted by 44/2007 s 4(9) water protection area inserted by 45/2017 s 4(11) s 3(2) amended by 43/2006 s 94(3) s 3(4) and (5) inserted by 45/2017 s 4(12) s 4—see s 5C ss 4—4B inserted by 45/2017 s 5 s 5 s 5(1) substituted by 21/2005 s 6 amended by 45/2017 s 7 s 5A inserted by 21/2005 s 7 deleted by 45/2017 s 9 s 5B inserted by 44/2007 s 5 s 5C s 4 amended and redesignated as s 5C by 45/2017 s 6(1)—(3) s 5D inserted by 45/2017 s 8 s 7 s 7(2) (b) and (c) deleted by 43/2002 s 5 s 7(3) amended by 36/1999 Sch 4 cl 19 29.7.1999 s 7(4) amended by 21/2005 s 8 s 9 s 9(2) substituted by 21/2005 s 9 Pt 2 s 10 s 10(1) amended by 44/2007 s 6 amended by 45/2017 s 10(1)—(6) amended by 28/2023 s 4(1)—(5) s 10(2) amended by 100/1995 s 4 amended by 21/2005 s 10 s 10A inserted by 35/2003 Sch cl 6(a) substituted by 60/2007 Sch 1 cl 17 s 10B inserted by 5/2005 Sch 2 cl 17 deleted by 60/2007 Sch 1 cl 17 Pt 3 heading substituted by 100/1995 s 5 heading substituted by 21/2005 s 11 Pt 3 Div 1 s 11 s 11(4) amended by 22/2010 s 6 s 12 amended by 11/1997 s 3 1.5.1997 deleted by 43/2002 s 6 s 13 s 13(1) substituted by 43/2002 s 7 amended by 45/2017 s 11 s 14 amended by 43/2002 s 8 amended by 14/2008 s 5 s 14A before substitution by 14/2008 inserted by 43/2002 s 9 s 14A(5) amended by 21/2005 s 12 s 14A substituted by 14/2008 s 6 s 14B inserted by 43/2002 s 9 s 14B(2) amended by 14/2008 s 7(1) s 14B(3) amended by 14/2008 s 7(2) s 14B(3a) and (3b) inserted by 14/2008 s 7(3) s 14B(5) amended by 28/2023 s 5 s 14B(7) deleted by 21/2005 s 13 s 14B(8) amended by 14/2008 s 7(4) s 15 s 15(1) deleted by 43/2002 s 10(a) s 15(2) amended by 43/2002 s 10(b) amended by 21/2005 s 14 s 15(3)—(7) amended by 43/2002 s 10(c) s 16 s 16(1) substituted by 43/2002 s 11(a) amended by 35/2008 s 4 s 16(2) substituted by 43/2002 s 11(b) amended by 21/2005 s 15(1) substituted by 14/2008 s 8(1) s 16(2a) inserted by 21/2005 s 15(2) substituted by 14/2008 s 8(1) s 16(3) substituted by 43/2002 s 11(b) s 16(4) and (5) s 16(6) amended by 14/2008 s 8(2) s 16(6a) inserted by 14/2008 s 8(3) s 16(7)—(11) s 17 s 17(1) substituted by 43/2002 s 12(a) s 17(2) amended by 43/2002 s 12(b) amended by 21/2005 s 16 s 17(3) amended by 43/2002 s 12(b) s 17(4) inserted by 84/2009 s 115 s 18 before deletion by 84/2009 s 18(1) and (3) amended by 43/2002 s 13 s 18 deleted by 84/2009 s 116 Pt 3 Div 1A inserted by 21/2005 s 17 Pt 3 Div 2 substituted by 100/1995 s 6 s 19 s 19(1) amended by 25/2021 s 11(1) s 19(1a) inserted by 25/2021 s 11(2) s 19(4) substituted by 43/2002 s 14 s 19(5) substituted by 43/2002 s 14 deleted by 14/2008 s 9 Pt 3 Div 3 s 24 s 24(3) amended by 30/1995 Sch 4 cl (a) 1.7.1995 amended by 43/2002 s 15 amended by 21/2005 s 18 s 24(4) amended by 30/1995 Sch 4 cl (b) 1.7.1995 s 24(5) deleted by 100/1995 s 7 Pt 4 s 25 s 25(4) amended by 21/2005 s 19(1), (2) Pt 5 s 27 s 27(1) amended by 45/2017 s 12(1) s 27(2) (iii) deleted by 21/2005 s 20(1) amended by 21/2005 s 20(2) amended by 5/2017 s 31 s 27(3) amended by 21/2005 s 20(3) s 27(4) amended by 21/2005 s 20(4) amended by 45/2017 s 12(2), (3) s 27(5)—(7) inserted by 45/2017 s 12(4) s 28 s 28(3) substituted by 21/2005 s 21(1) amended by 25/2019 s 26 s 28(3a) inserted by 100/1995 s 8(a) substituted by 43/2002 s 16 s 28(5) substituted by 100/1995 s 8(b) s 28(6) amended by 100/1995 s 8(c) amended by 21/2005 s 21(2) s 28(7) deleted by 21/2005 s 21(3) s 28(8) amended by 21/2005 s 21(4) amended by 45/2017 s 13 s 28(9) substituted by 21/2005 s 21(5) s 28(10) amended by 100/1995 s 8(d) deleted by 21/2005 s 21(5) s 28A inserted by 1/1995 Sch 2 cl 1(a) deleted by 21/2005 s 22 s 29 s 29(1a) and (1b) inserted by 1/1995 Sch 2 cl 1(b) substituted by 21/2005 s 23 s 29(2) amended by 1/1995 Sch 2 cl 1(c) s 31 s 31(1) substituted by 100/1995 s 9 s 32 s 32(1) amended by 45/2017 s 14 s 33 deleted by 45/2017 s 15 s 34 s 34(1) amended by 21/2005 s 24(1) s 34(2) amended by 21/2005 s 24(2) s 34(3) amended by 21/2005 s 24(3) Pt 6 s 35 s 35(1) s 35(2) amended by 5/2017 s 32 s 36 s 36(1) s 36 redesignated as s 36(1) by 21/2005 s 25 s 36(2)—(4) inserted by 21/2005 s 25 s 37 amended by 21/2005 s 26 s 39 s 39(1) substituted by 21/2005 s 27(1) amended by 25/2019 s 27(1) s 39(1aa) inserted by 25/2019 s 27(2) s 39(1a) inserted by 35/1997 s 5 amended by 34/2004 Sch 4 cl 5 amended by 33/2019 Sch 5 cl 8 s 39(1b) inserted by 35/1997 s 5 amended by 5/2017 s 33 s 39(3) amended by 21/2005 s 27(2), (3) (a) deleted by 7/2017 s 50(1) amended by 7/2017 s 50(2) s 39(4)—(7) inserted by 21/2005 s 27(4) s 42 s 42(1) s 42 redesignated as s 42(1) by 63/1996 s 12(a) s 42(2) inserted by 63/1996 s 12(a) amended by 5/2017 s 34 s 42(3) inserted by 45/2017 s 16 s 43 s 43(4a) inserted by 21/2005 s 28(1) s 43(5) amended by 21/2005 s 28(2) s 43(6) substituted by 21/2005 s 28(3) s 45 s 45(3) amended by 1/1995 Sch 2 cl 1(d) amended by 21/2005 s 29 amended by 45/2017 s 17(1) s 45(5) amended by 45/2017 s 17(2) s 45(6)—(9) inserted by 45/2017 s 17(3) s 46 s 46(1) amended by 21/2005 s 30(1) amended by 25/2019 s 28 s 46(1a) inserted by 35/1997 s 6(a) amended by 34/2004 Sch 4 cl 6 amended by 33/2019 Sch 5 cl 9 s 46(4) amended by 35/1997 s 6(b) s 46(4a) inserted by 21/2005 s 30(2) s 46(5) (a) deleted by 7/2017 s 51 s 46(5a) inserted by 21/2005 s 30(3) s 46(7) and (8) inserted by 21/2005 s 30(4) s 47 s 47(1) amended by 63/1996 s 12(b) amended by 35/1997 s 7 amended by 1/2004 Sch 1 cl 2 amended by 34/2004 Sch 4 cl 7 amended by 21/2005 s 31 amended by 57/2016 s 62 amended by 33/2019 Sch 5 cl 10 amended by 5/2017 s 35(1), (2) s 47(2) amended by 45/2017 s 18(1) amended by 5/2017 s 35(3) s 47(2a) inserted by 63/1996 s 12(c) amended by 5/2017 s 35(4) s 47(2b) inserted by 45/2017 s 18(2) s 48 s 48(2a) inserted by 21/2005 s 32 s 50A inserted by 16/2001 s 5 14.6.2001 s 50B inserted by 35/2008 s 5 s 51 before substitution by 45/2017 s 51(1) amended by 21/2005 s 33(1) s 51(2) amended by 21/2005 s 33(2) s 51 substituted by 45/2017 s 19 s 52 s 52(1) amended by 21/2005 s 34 s 52A inserted by 21/2005 s 35 s 52A(2) substituted by 45/2017 s 20(1) s 52A(4) amended by 45/2017 s 20(2) s 53 amended by 21/2005 s 36 s 54 s 54(1) amended by 21/2005 s 37(1), (2) ss 54A and 54B inserted by 21/2005 s 38 s 54C inserted by 35/2008 s 6 s 57 amended by 1/2004 Sch 1 cl 3 amended by 57/2016 s 63 (a) deleted by 7/2017 s 52(1) amended by 7/2017 s 52(2) amended by 5/2017 s 36 Pt 6A inserted by 22/2010 s 7 s 57A Pt 7 s 58 s 58(5) s 60 s 60(4) Pt 8 Pt 8 Div 1 s 61 substituted by 35/1997 s 8 s 61(1) Water Resources Minister amended by 34/2004 Sch 4 cl 8 amended by 33/2019 Sch 5 cl 11 s 61A inserted by 35/1997 s 9 s 62 substituted by 35/1997 s 10 s 62(1) amended by 34/2004 Sch 4 cl 9 amended by 33/2019 Sch 5 cl 12 s 64 s 64(1) amended by 35/1997 s 11(a), (b) s 64(1a) inserted by 35/1997 s 11(c) amended by 34/2004 Sch 4 cl 10(1), (2) amended by 33/2019 Sch 5 cl 13(1), (2) s 64(1b) inserted by 35/1997 s 11(c) amended by 5/2017 s 37 s 64(9) inserted by 35/1997 s 11(d) amended by 34/2004 Sch 4 cl 10(3) amended by 33/2019 Sch 5 cl 13(3) ss 64A—64D inserted by 35/1997 s 12 Pt 8 Div 2 s 64E inserted by 35/2008 s 7 s 65 approved collection depot approved refund marking beverage category A container category B container collection area deleted by 35/2008 s 8(1) collection depot container corresponding law Food Standards Code refund marking deleted by 35/2008 s 8(2) spirit-based beverage deleted by 35/2008 s 8(3) spirituous liquor spiritous liquor amended to read spirituous liquor by 45/2017 s 21 super collector waste management arrangement wine wine-based beverage deleted by 35/2008 s 8(3) s 66 amended by 35/2008 s 9 amended by 45/2017 s 22 s 68 substituted by 35/2008 s 10 s 69 substituted by 35/2008 s 10 s 69(1) s 69A s 69B s 69B(1) and (2) s 69B(3) amended by 25/2019 s 29 18.6.2020 s 69C s 69C(1) s 69C(3) and (4) s 69D s 70 s 70(1) amended by 35/2008 s 11(1), (2) s 70(2) substituted by 35/2008 s 11(3) s 71 substituted by 35/2008 s 12 s 71(1) s 71A inserted by 35/2008 s 12 amended by 25/2021 s 12 s 72 s 72(2) amended by 45/2017 s 23 s 72(3) amended by 35/2008 s 13(1) s 72(4) amended by 35/2008 s 13(2) Pt 8 Div 3 deleted by 35/2008 s 14 Pt 9 s 79 s 79(1) amended by 43/2002 s 17(a), (b) s 79(2) amended by 43/2002 s 17(c) s 80 s 80(1) amended by 43/2002 s 18(a), (b) s 80(2) amended by 43/2002 s 18(c) s 82 s 82(1) s 82 amended and redesignated as s 82(1) by 21/2005 s 39(1), (2) s 82(2) inserted by 21/2005 s 39(2) s 83 s 83(1) amended by 43/2002 s 19 amended by 21/2005 s 40(1), (2) s 83(2) amended by 21/2005 s 40(3), (4) s 83A inserted by 44/2007 s 7 s 83A(2) s 84 s 84(1a) inserted by 35/1997 s 13 substituted by 44/2007 s 8 Pt 10 s 85 s 85(1) amended by 21/2005 s 41(1) s 85(3) amended by 21/2005 s 41(2) s 85A inserted by 45/2017 s 24 s 86 s 86(1) amended by 21/2005 s 42 s 87 s 87(1) amended by 21/2005 s 43(1)—(4) s 87(2) amended by 44/2007 s 9 amended by 45/2017 s 25(1) s 87(3) amended by 21/2005 s 43(5) s 87(8) and (9) inserted by 21/2005 s 43(6) s 87(10) inserted by 45/2017 s 25(2) s 88 s 88(1) amended by 44/2007 s 10 amended by 45/2017 s 26(1) s 88(5)—(7) amended by 45/2017 s 26(1) s 88(9) inserted by 45/2017 s 26(2) s 88A inserted by 45/2017 s 27 s 89 s 89(2) s 90 s 90(1) amended by 21/2005 s 44(1), (2) s 90(2) amended by 21/2005 s 44(3) s 91 s 91(2) amended by 21/2005 s 45 s 91 substituted by 4/2021 Sch 2 cl 2 s 92 s 93 s 93(1) amended by 21/2005 s 46(1) s 93(2) amended by 21/2005 s 46(2)—(4) s 93(2aa) inserted by 21/2005 s 46(5) s 93(2a) inserted by 35/1997 s 14 amended by 34/2004 Sch 4 cl 11(1), (2) amended by 21/2005 s 46(6) amended by 33/2019 Sch 5 cl 14(1), (2) s 93(2b) inserted by 35/1997 s 14 s 93(5) amended by 21/2005 s 46(7) s 93(6) amended by 21/2005 s 46(8), (9) s 93(7) substituted by 21/2005 s 46(10) s 93(8) amended by 21/2005 s 46(11) s 93(8aa)—(8ac) inserted by 45/2017 s 28 s 93(8a) and (8b) inserted by 21/2005 s 46(12) s 93(9) s 93A inserted by 21/2005 s 47 s 93A(1) substituted by 45/2017 s 29(1) s 93A(3) amended by 45/2017 s 29(2) s 93A(5) s 93A(8) s 94 s 94(1) amended by 21/2005 s 48(1)—(3) s 94(2) amended by 21/2005 s 48(4), (5) s 94(3) amended by 21/2005 s 48(6) s 94(4) amended by 21/2005 s 48(7), (8) s 94(4a) inserted by 21/2005 s 48(9) amended by 35/2008 s 15 s 94(4b) inserted by 21/2005 s 48(9) s 94(5) amended by 21/2005 s 48(10) s 94(6) amended by 21/2005 s 48(11) s 94(7) substituted by 21/2005 s 48(12) s 95 s 95(1) amended by 21/2005 s 49(1) s 95(2) substituted by 21/2005 s 49(2) s 95(3) amended by 21/2005 s 49(3) s 95(4) amended by 21/2005 s 49(4), (5) s 95(4a) and (4b) inserted by 21/2005 s 49(6) s 95(5) amended by 21/2005 s 49(7), (8) s 96 s 96(1) amended by 21/2005 s 50(1), (2) s 96(2) amended by 21/2005 s 50(3) s 96(3) amended by 21/2005 s 50(4) s 96(4) substituted by 21/2005 s 50(5) s 96(5) s 97 s 97(1) amended by 21/2005 s 51(1) s 97(2) substituted by 21/2005 s 51(2) s 97(3) amended by 21/2005 s 51(3) s 97(4) amended by 21/2005 s 51(4), (5) s 98 s 98(2) amended by 21/2005 s 52 s 99 s 99(1) amended by 21/2005 s 53(1), (2) s 99(2) amended by 21/2005 s 53(3), (4) s 99(2a) inserted by 35/1997 s 15 amended by 34/2004 Sch 4 cl 12(1), (2) amended by 21/2005 s 53(5) amended by 33/2019 Sch 5 cl 15(1), (2) s 99(2b) inserted by 35/1997 s 15 s 99(5) amended by 21/2005 s 53(6) s 99(6) amended by 21/2005 s 53(7), (8) s 99(7) substituted by 21/2005 s 53(9) s 99(8) s 99(9) and (10) inserted by 21/2005 s 53(10) s 101 s 101(1) amended by 21/2005 s 54(1) amended by 35/2008 s 16(1) s 101(3) amended by 35/2008 s 16(2) s 101(4) amended by 35/2008 s 16(3) s 101(5) amended by 35/2008 s 16(4) s 101(5a) inserted by 21/2005 s 54(2) amended by 35/2008 s 16(5) s 101(5b) inserted by 21/2005 s 54(2) s 101(6) amended by 35/2008 s 16(6) s 101(7) and (8) substituted by 35/2008 s 16(7) s 102 s 102(1) amended by 35/2008 s 17(1) s 102(2) substituted by 35/2008 s 17(2) s 102(3) amended by 35/2008 s 17(3) s 103 s 103(1) substituted by 35/2008 s 18(1) s 103(2a) inserted by 21/2005 s 55 substituted by 35/2008 s 18(2) s 103(2b) inserted by 21/2005 s 55 amended by 35/2008 s 18(3) s 103(3) amended by 35/2008 s 18(4), (5) Pt 10A inserted by 44/2007 s 11 10.12.2007—except Divs 1—3—1.7.2009 Pt 10A Div 2 s 103D s 103D(4) amended by 5/2017 s 38 Pt 10A Div 3 s 103H s 103H(4) amended by 33/2019 Sch 5 cl 16(1), (2) s 103H(6) s 103J s 103J(4) amended by 33/2019 Sch 5 cl 17(1), (2) s 103J(11) s 103N s 103N(1) amended by 35/2008 s 19 s 103O s 103O(6) s 103S s 103S(3) Pt 10A Div 4 inserted by 44/2007 s 11 20.11.2008—except ss 103U & 103W—1.7.2009 s 103U s 103V s 103V(2) amended by 51/2017 s 77(1) s 103V(4) inserted by 51/2017 s 77(2) s 103W s 103W(1) and (2) s 103X s 103X(2) and (3) s 103Y s 103Y(1) s 103Y(3) s 103Z s 103Z(1) and (2) s 103Z(4) Pt 10A Div 4A s 103ZA s 103ZB Pt 11 heading substituted by 21/2005 s 56 s 104 s 104(1) amended by 44/2007 s 12 s 104(7) amended by 21/2005 s 57(1) amended by 17/2006 s 110(1) s 104(8) amended by 17/2006 s 110(2) s 104(11) amended by 17/2006 s 110(3), (4) s 104(14) amended by 17/2006 s 110(5) s 104(23) inserted by 21/2005 s 57(2) s 104A inserted by 21/2005 s 58 Pt 12 s 105 s 105(2) substituted by 21/2005 s 59(1) s 105(3) amended by 21/2005 s 59(2) s 105(4) amended by 21/2005 s 59(3), (4) Pt 13 s 106 s 106(1) amended by 21/2005 s 60(1), (2) amended by 35/2008 s 20 amended by 44/2007 s 13(1) amended by 22/2010 s 8 s 106(3) amended by 44/2007 s 13(2) s 108 s 108(1) s 108 redesignated as s 108(1) by 21/2005 s 61 s 108(2) inserted by 21/2005 s 61 Pt 14 s 109 s 109(3) amended by 21/2005 s 62(1)—(3) amended by 21/2005 s 62(4) amended by 44/2007 s 14 20.11.2008 except (i)—(id)—1.7.2009 amended by 22/2010 s 9 amended by 5/2017 s 39 s 109(3a) inserted by 21/2005 s 62(5) s 109(7) inserted by 21/2005 s 62(6) Pt 15 s 110 amended by 88/2000 Sch 1 cl 1 2.4.2001 amended by 23/2004 Sch 1 1.9.2004 s 111 s 111(4) inserted by 21/2005 s 63 s 112 s 112(3) amended by 35/2003 Sch cl 6(b) s 112(5) and (6) inserted by 21/2005 s 64 s 115 substituted by 35/2008 s 21 s 116 amended by 21/2005 s 65(1)—(3) s 117 s 117(2) amended by 43/2002 s 20(a) s 117(3) amended by 43/2002 s 20(b) s 118 s 118(1) amended by 35/1997 s 16 amended by 21/2005 s 66(1) s 118(2) amended by 21/2005 s 66(2) amended by 35/2008 s 22 s 119 amended by 21/2005 s 67 amended by 45/2017 s 30 s 120 substituted by 21/2005 s 68 s 120A inserted by 11/1997 s 4 1.5.1997 substituted by 21/2005 s 68 s 120A(1) s 121 amended by 57/2016 s 64 s 122 before deletion by 84/2009 s 122(1) amended by 43/2002 s 21 amended by 21/2005 s 69(1) s 122(3) amended by 21/2005 s 69(2) s 122 deleted by 84/2009 s 117 s 124 s 124(1) substituted by 21/2005 s 70(1) s 124(2) amended by 21/2005 s 70(2) s 124(4) amended by 21/2005 s 70(3), (4) s 125 substituted by 21/2005 s 71 s 126 amended by 21/2005 s 72 s 127 s 127(1) amended by 21/2005 s 73 s 128 s 128(1) amended by 21/2005 s 74 ss 129 and 130 substituted by 21/2005 s 75 s 133 s 133(1) amended by 21/2005 s 76(1) s 133(1a) inserted by 43/2002 s 22(a) amended by 21/2005 s 76(2), (3) s 133(1b) inserted by 43/2002 s 22(a) amended by 21/2005 s 76(4) s 133(3) inserted by 43/2002 s 22(b) s 135 amended by 35/1997 s 17 substituted by 21/2005 s 77 s 135(4) s 135A inserted by 35/2018 s 63 1.7.2019 s 136 amended by 21/2005 s 78 s 137A inserted by 21/2005 s 79 s 138 s 138(1) amended by 35/1997 s 18 amended by 21/2005 s 80 s 139 s 139(1) amended by 35/1997 s 19(a) amended by 21/2005 s 81(1), (2) s 139(2) amended by 21/2005 s 81(3), (4) s 139(3a) inserted by 45/2017 s 31(1) s 139(4) substituted by 21/2005 s 81(5) s 139(4a) inserted by 45/2017 s 31(2) s 139(6) amended by 35/1997 s 19(b) amended by 21/2005 s 81(6) s 140 s 140(2) amended by 21/2005 s 82 amended by 45/2017 s 32(1)—(3) s 140(3) amended by 45/2017 s 32(4), (5) s 140(3a) inserted by 45/2017 s 32(6) s 140(8) deleted by 18/1994 Sch cl 2 Sch 1 Pt AA inserted by 1/2019 r 4(1) Pt A cl A2 inserted by 1/2019 r 4(2) cl 1 cl 1(1) amended by 181/1994 r 4(a) cl 1(2) substituted by 181/1994 r 4(b) amended by 311/2020 r 4(1) cl 1(4) deleted by 1/2019 r 4(3) cl 1(5) substituted by 1/2019 r 4(4) cl 1(5a) inserted by 35/2018 s 64 1.1.2020 cl 1(6) amended by 181/1994 r 4(c) substituted by 1/2019 r 4(5) cl 2 cl 2(2) amended by 1/2019 r 4(6) cl 2(6) substituted by 1/2019 r 4(7) cl 2(11) deleted by 1/2019 r 4(8) cl 2(12) amended by 181/1994 r 4(d) amended by 1/2019 r 4(9) cl 2(13) amended by 1/2019 r 4(10) cl 2(14) and (15) inserted by 181/1994 r 4(e) cl 3 before substitution by 1/2019 cl 3(2) substituted by 181/1994 r 4(f) amended by 161/2001 r 4(a) cl 3(3) substituted by 181/1994 r 4(f) (e)(i)(A) deleted by 35/2008 s 23(1) amended by 35/2008 s 23(2), (3) cl 3(4) amended by 181/1994 r 4(g) amended by 21/2005 s 83(1) cl 3 substituted by 1/2019 r 4(11) cl 4 substituted by 181/1994 r 4(h) cl 4(2) amended by 5/2017 s 40(1) uncommenced—not incorporated amended by 1/2019 r 4(12) amended by 5/2017 s 40(2) cl 5 heading amended by 66/2001 Sch cl 1(a) 1.7.2002 cl 5(1) substituted by 181/1994 r 4(i) amended by 161/2001 r 4(b) cl 5(2) amended by 181/1994 r 4(j) deleted by 66/2001 Sch cl 1(b) 1.7.2002 cl 5(3) amended by 181/1994 r 4(k) cl 5(4) inserted by 181/1994 r 4(l) amended by 33/1995 r 4(a), (b) amended by 161/2001 r 4(c) substituted by 1/2019 r 4(13) cl 5(5) inserted by 311/2020 r 4(2) cl 6 cl 6(1) substituted by 181/1994 r 4(m) amended by 252/2007 r 4 amended by 1/2019 r 4(14) cl 6(3) deleted by 1/2019 r 4(15) cl 6(4) amended by 181/1994 r 4(n) amended by 33/1995 r 4(c) substituted by 1/2019 r 4(16) cl 6(5) amended by 181/1994 r 4(o) cl 6(6) substituted by 181/1994 r 4(p) amended by 1/2019 r 4(17) cl 6(9) amended by 181/1994 r 4(q) cl 6(10) amended by 181/1994 r 4(r) cl 6(11) inserted by 181/1994 r 4(s) amended by 161/2001 r 4(d) cl 7 cl 7(2) substituted by 229/2001 r 4 11.10.2001 amended by 40/2012 Sch 6 cl 5 1.1.2013 amended by 1/2019 r 4(18) amended by 5/2017 s 40(3) cl 7(3) amended by 181/1994 r 4(t), (u) cl 7(4) amended by 181/1994 r 4(v) cl 7(6) inserted by 181/1994 r 4(w) amended by 1/2019 r 4(19) cl 7(7) inserted by 181/1994 r 4(w) cl 8 cl 8(1) amended by 181/1994 r 4(x) cl 8(2) amended by 181/1994 r 4(y) cl 8(3) substituted by 181/1994 r 4(z) amended by 21/2005 s 83(2) cl 8(4) substituted by 181/1994 r 4(z) cl 8(5) amended by 181/1994 r 4(aa) cl 8(6) amended by 181/1994 r 4(ab) cl 8(6a) inserted by 227/2013 r 4(1) cl 8(7) inserted by 181/1994 r 4(ac) amended by 227/2013 r 4(2) cl 8(8) inserted by 1/2019 r 4(20) cl 8(9) inserted by 311/2020 r 4(3) Pt B substituted by 1/2019 r 4(21) Sch 2 before deletion by 21/2005 cl 5 cl 5(3a) inserted by 11/1997 s 5 cl 5(10) inserted by 35/1997 s 20(a) cl 6 inserted by 35/1997 s 20(b) Sch 2 deleted by 21/2005 s 84 Transitional etc provisions associated with Act or amendments Environment Protection (Miscellaneous) Amendment Act 2005, Sch 1—Transitional provisions In this Schedule— Minister means the Minister responsible for the administration of the principal Act; 2—Environment, Resources and Development Committee to conduct inquiry into administering agencies The Environment, Resources and Development Committee of the Parliament must, not less than 2 years after the commencement of section 17, inquire into, consider and report on the role and functions of administering agencies (other than the Environment Protection Authority) under the principal Act as amended by this Act. 3—Amendment of environment protection policies by notice (1) The Minister may, by notice in the Gazette, amend an environment protection policy— (a) to substitute, for references in the policy to a "Category C offence", references to a "Category D offence"; or (b) to add to the policy references to another "administering agency" so that they appear in the alternative to references to the "Authority". (2) An amendment under subclause (1) comes into operation on the day fixed in the notice of the amendment. 4—Environment protection policies in force under section 28A The following provisions apply in relation to an environment protection policy in operation immediately before the commencement of section 22 by virtue of section 28A(1) of the principal Act: (a) on the commencement of section 22, the environment protection policy continues in operation as an environment protection policy made under the principal Act; (b) after the commencement of section 22, the normal procedure for making environment protection policies does not apply in relation to a draft environment protection policy— (i) that revokes and replaces the environment protection policy if the Minister is satisfied that— (A) the draft environment protection policy covers the same subject matter as the policy it is revoking; and (B) the only substantive changes relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary or appropriate for the application of the policy in this jurisdiction; or (ii) that revokes the environment protection policy if the Minister is satisfied that an environment protection policy is not required for the implementation of the relevant national environment protection measure; (c) the Minister may refer a draft policy referred to in paragraph (b) directly to the Governor. Environment Protection (Miscellaneous) Amendment Act 2008, Sch 1—Transitional provisions In this Schedule— 2—Classes of containers approved under repealed provisions (1) An approval of a class of containers as category A containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category A containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act. (2) An approval of a class of containers as category B containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category B containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act. 3—Refund markings approved under repealed provisions An approval of a refund marking in relation to a class of containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as if it were a marking specified by the Authority as a condition of approval in relation to that class of containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act. 4—Continuation of collection depot approvals An approval of a collection depot in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval in respect of the collection depot under section 69 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act. 5—Super collectors A person who carried on a business as a super collector immediately before the commencement of this clause is, if the person has made an application in a manner and form determined by the Authority accompanied by the prescribed fee and any information requested by the Authority, entitled to the grant, on that commencement, of an approval under section 69 of the principal Act as amended by this Act to carry on business as a super collector subject to conditions determined by the Authority. Statutes Amendment (Budget 2010) Act 2010 10—Transitional provision If, immediately before the commencement of this section, a person holds an environmental authorisation granted or renewed by the Authority under the Environment Protection Act 1993 purportedly as a sustainability licence or accredited sustainability licence, the environmental authorisation will be taken to have been endorsed under Part 6A of that Act as a sustainability licence on the basis of the measures, auditing programme and review programme specified in connection with the purported sustainability licence or accredited sustainability licence. Environment Protection (Variation of Act, Schedule 1) (Waste Reform) Regulations 2019 (No 1 of 2019), Sch 1—Transitional provisions In this Schedule, unless the contrary intention appears— existing licensee means a person who, immediately before the commencement of this clause, held a licence to undertake a prescribed activity of environmental significance under old Schedule 1; licence has the same meaning as in the principal Act; new Schedule 1 means Schedule 1 of the principal Act as amended by these regulations; old Schedule 1 means Schedule 1 of the principal Act as in force immediately before the commencement of these regulations; 2—Licences to continue (1) Subject to subclause (2), a licence that, immediately before the commencement of this clause, authorised a person to undertake a prescribed activity of environmental significance under old Schedule 1, continues after that commencement as a licence to undertake the same activity under new Schedule 1 (despite the fact that it may be differently described or numbered under new Schedule 1) and is subject to the same conditions as those applying immediately before that commencement. (2) The Authority may, on the Authority's own initiative or on application by an existing licensee— (a) grant a new licence to the person; or (b) revoke an existing licence; or (c) by notice in writing to the licensee given within 2 years after the commencement of this clause— (i) vary the terminology or numbering in the existing licence; or (ii) impose or vary a condition of the existing licence, if, in the opinion of the Authority, it is necessary or desirable to do so as a consequence of the variation of Schedule 1 of the principal Act by these regulations. (3) The Authority is not required to grant a licence, or impose or vary a condition of a licence, on application by an existing licensee under this clause except on application and payment of the appropriate fees under Part 6 of the principal Act. (4) If the Authority takes action under subclause (2) on its own initiative, the Authority may dispense with the requirement for applications and payment of fees as it considers appropriate. (5) Public notice is not required to be given under Part 6 of the principal Act in respect of a licence that is granted or varied pursuant to this clause. (6) A licence granted pursuant to this clause is, except as specified in this clause, subject to the principal Act. (7) For the avoidance of doubt, a reference in this clause to a condition of a licence includes a reference to a term of a licence, or an authorisation or any other right or limitation set out in a licence. 3—Approvals relating to management of tyre waste (1) An approval by the Authority under Schedule 1 Part A clause 3(3)(f) of the principal Act as in force immediately before the commencement of this clause in relation to the manner of handling and disposal of waste tyres or tyre pieces will be taken, on and from that commencement, to be a prescribed approved activity of a kind specified in paragraph (f) of the definition of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations. (2) The approval (as continued by virtue of subclause (1)) is subject to the same conditions (if any) as those applying immediately before the commencement of this clause. 4—Determinations that environmental authorisation not justified A determination by the Authority under Schedule 1 Part A clause 3(3)(i), 3(4)(y) or 7(2)(f) of the principal Act as in force immediately before the commencement of this clause that the requirement of an environmental authorisation under Part 6 would not be justified in relation to an activity will be taken, on and from that commencement, to be a determination by the Authority that an environmental authorisation is not justified in respect of the activity having regard to the prescribed factors (within the meaning of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations). Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 4 65—Transitional provisions (1) Subject to this section, the Authority must, despite the provisions of Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a petrol station within the meaning of Schedule 1 Part A clause 1(5a) of the principal Act as amended by this Part (to have effect from the commencement of this Part), if, immediately before the commencement of this Part, the retail sale of petroleum products from that petrol station was authorised under a licence pursuant to Part 2 of the Petroleum Products Regulation Act 1995. (2) The Authority is not required to grant a licence under this section except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act. (3) A licence granted pursuant to this section— (a) has effect for a term of 2 years or such shorter or longer term as may be determined by the Authority and specified in the licence; and (b) is— (i) except as specified in this section—subject to the principal Act; and (ii) subject to any conditions of the licence imposed by the Authority under Part 6 of the principal Act and specified in the licence. (4) Notice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this section. (5) In this section— petroleum product has the same meaning as in the Petroleum Products Regulation Act 1995; Environment Protection (Variation of Act, Schedule 1) Regulations 2020 (No 311 of 2020), Sch 1 1—Transitional provision (1) The Authority must, despite Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a broiler farm within the meaning of Schedule 1 Part A clause 5(5) of the principal Act as inserted by these regulations (to have effect from the commencement of this clause), if the applicant for the licence is, immediately before the commencement of this clause, an accredited poultry grower under the Primary Produce (Food Safety Schemes) (Meat) Regulations 2017 in respect of the business of growing poultry at the broiler farm. (2) The Authority is not required to grant a licence pursuant to this clause except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act. (3) A licence granted under this clause— (a) has effect for a term determined by the Authority; and (b) is— (i) except as specified in this clause—subject to the principal Act; and (ii) subject to any conditions of the licence imposed by the Authority under Part 6 of the Act and specified in the licence. (4) Public notice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this clause. (5) In this clause— Historical versions Reprint No 1—1.5.1995 Reprint No 2—1.7.1995 Reprint No 3—4.4.1996 Reprint No 4—2.1.1997 Reprint No 5—2.3.1997 Reprint No 7—1.5.1997 Reprint No 8—2.7.1997 Reprint No 9—29.7.1999 Reprint No 10—2.4.2001 Reprint No 11—14.6.2001 Reprint No 12—28.6.2001 Reprint No 13—11.10.2001 Reprint No 14—1.7.2002 Reprint No 15—10.4.2003 Reprint No 16—24.11.2003 1.9.2004 1.1.2013 1.7.2019 1.1.2020 18.6.2020