Environment Protection Regulations 2023

Part 1—Preliminary 1—Short title These regulations may be cited as the Environment Protection Regulations 2023. 3—Interpretation (1) In these regulations— accreditation, in relation to a site contamination auditor, means accreditation under Part 5 Division 2; accreditation committee means a committee established by the Board under section 17 of the Act to advise the Authority in relation to accreditation of site contamination auditors; accredited activity means a prescribed activity of environmental significance carried on by a licensee in respect of which accreditation is granted under regulation 34; Act means the Environment Protection Act 1993; Adelaide airshed means the area described in Schedule 2 clause 2; agriculture includes horticulture; approved estimation or monitoring technique for an activity means— (a) an estimation technique set out in an EET manual for the activity; or (b) a technique or method approved by the Authority for the activity by condition of licence or otherwise; approved weighbridge means a weighbridge— (a) that is operated in accordance with a licence issued under the National Measurement Act 1960 of the Commonwealth; or (b) that is approved by the Authority under regulation 69; asbestos includes unbound or friable asbestos and bound or non‑friable asbestos; assessable site—see subregulation (2); assessable vehicle—each vehicle approved by the Authority for the transport of waste under a licence that authorises a waste transport business is to be taken to be an assessable vehicle; copper means copper and its compounds; designated air pollutant means sulphur dioxide, nitrogen oxides, particulates, volatile organic compounds or lead, but does not include ethanol emitted in the course of a prescribed activity of environmental significance specified in Schedule 1 clause 6(2) or (11) of the Act (breweries, wineries and distilleries); designated water pollutant means— (a) heat, suspended solids, nitrogen, phosphorus, organic matter, zinc, lead or copper discharged in the course of any prescribed activity of environmental significance; or (b) salt discharged in the course of a desalination plant; dredging means the prescribed activity of environmental significance specified in Schedule 1 clause 7(4) of the Act; earthworks drainage means the prescribed activity of environmental significance specified in Schedule 1 clause 7(6) of the Act; EET manual for an activity means a manual setting out techniques for making estimates in relation to the activity published by the Commonwealth for the purposes of the National Pollutant Inventory—see www.npi.gov.au; environment management component means the environment management component of an annual authorisation fee for a licence (see regulation 28 and Schedule 2 Part 2); EPA odour criteria means the criteria specified in Ambient air quality assessment as published by the Authority in August 2016; fee unit—see Schedule 4 clause 1; flat fee component means the flat fee component of an annual authorisation fee for a licence (see regulation 27); green waste means waste comprised of plants or plant matter, including leaves, twigs, branches, tree trunks, prunings, grass clippings, fruit, vegetables and fruit or vegetable scraps; inert waste means solid waste that has no active chemical or biological properties and is not subject to biological or chemical breakdown; lead means lead and its compounds; licence period, in relation to a licence, means the period of 12 months from the first anniversary of the grant or renewal of the licence and each subsequent period of 12 months; This is to be distinguished from the term of the licence (which is a period determined by the Authority under section 43 of the Act). liquid organic chemical substances means oil, petroleum or biofuels, other than when stored in the fuel tank of a motor vehicle for the purposes of powering the vehicle; listed substance means a substance listed in Schedule 3 clause 4; marine environment means— (a) marine waters; or (b) land that is covered with marine waters (whether permanently or from time to time); metropolitan Adelaide means Metropolitan Adelaide as defined by GRO Plan 639/93; metropolitan coastal waters means the body of waters extending 3 nautical miles seaward from the coastline forming the western boundary of metropolitan Adelaide; Mount Gambier airshed means the area described in Schedule 2 clause 3; Mount Lofty Ranges Water Protection Area means the Mount Lofty Ranges Water Protection Area as declared under Part 8 of the Act; National Pollutant Inventory means the inventory established as a result of the National Environment Protection (National Pollutant Inventory) Measure; nitrogen means total nitrogen; organic matter—see subregulation (3); particulates means particulate matter 10 micrometres or less in diameter, and includes red dust particulates; pesticides includes herbicides and fungicides; phosphorous means total phosphorus; pollutant load‑based component means the pollutant load‑based component of the resource efficiency component of an annual authorisation fee for a licence (see regulation 29); Port Pirie airshed means the area described in Schedule 2 clause 4; Port River region means the area described in Schedule 2 clause 5; prescribed activity of environmental significance means an activity specified in Schedule 1 Part A of the Act; red dust particulates means haematite or goethite; reporting period means— (a) for a licence authorising an activity in respect of which a report is provided to the Authority for the purposes of the National Pollutant Inventory—the period to which the report relates; or (b) for any other licence—the 12 month period approved by the Authority for the licence by condition of the licence or by notice in writing to the licensee; resource efficiency component—the resource efficiency component of the annual authorisation fee for a licence is comprised of the pollutant load‑based component and the water reuse component (see regulation 27); responsible auditor, in relation to a site contamination audit, means the site contamination auditor who personally carried out or directly supervised the work involved in the audit; septic tank effluent means effluent that is ordinarily collected by means of a septic tank, waterless composting toilet, aerated wastewater treatment system or similar on‑site waste collection system; South East Water Protection Area means the South East Water Protection Area as declared under Part 8 of the Act; underground waters means waters occurring naturally under the ground or introduced to an aquifer or other area under the ground; Upper Spencer Gulf means the waters described in Schedule 2 clause 6; waste fill means waste consisting of clay, concrete, rock, sand, soil or other inert mineralogical matter in pieces not exceeding 100 millimetres in length and containing chemical substances in concentrations (calculated in a manner determined by the Authority) less than the concentrations for those substances set out in the following table (but does not include waste consisting of or containing asbestos or bitumen):

Chemical substance Concentration (milligrams per kilogram of waste fill) Chemical substance Concentration (milligrams per kilogram of waste fill) Aldrin/dieldrin (total) Ethylbenzene 3.1 Arsenic Heptachlor Barium Lead Benzene Manganese Benzo(a)pyrene Mercury Beryllium Nickel Cadmium Petroleum hydrocarbons TPH C6‑C9 (total) Chlordane Petroleum hydrocarbons TPH>C9 Chromium (III) Phenolic compounds (total) 0.5 Chromium (VI) Polychlorinated biphenyls (PCBs) Cobalt Polycyclic aromatic hydrocarbons (PAH) (total) Copper Toluene 1.4 Cyanides (total) Xylene (total) DDT Zinc waste transport business (category A) means the prescribed activity of environmental significance specified in Schedule 1 clause 3(6) of the Act; waste transport business (category B) means the prescribed activity of environmental significance specified in Schedule 1 clause 3(6) of the Act; wastewater includes— (a) sewage, and septic tank effluent, whether treated or untreated; and (b) water containing commercial or industrial waste; water reuse component means the water reuse component of the resource efficiency component of an annual authorisation fee for a licence (see regulation 30); Whyalla airshed means the area described in Schedule 2 clause 7; zinc means zinc and its compounds. (2) For the purposes of these regulations, the following principles apply in relation to an assessable site: (a) each location specified in a licence at which a prescribed activity of environmental significance may be undertaken is to be taken to be an assessable site; (b) if various places are specified in a licence as a single location, then the various premises are together to be taken to be an assessable site; (c) if a licence authorises a prescribed activity of environmental significance to be undertaken by means of mobile works, then the various premises at which the mobile works are used are together to be taken to be an assessable site; (d) the prescribed activities of dredging, earthworks drainage and a waste transport business are not to be regarded as being undertaken at an assessable site. (3) A reference in these regulations to an amount of organic matter is— (a) in the case of organic matter discharged to waters in the course of a desalination plant—a reference to the amount of total organic carbon so discharged (expressed in kilograms); and (b) in any other case—a reference to the biochemical oxygen demand of the organic matter (expressed in kilograms), determined in accordance with an approved estimation or monitoring technique for the activity that produces the organic matter. (4) A reference in these regulations to the discharge of a pollutant in the course of a desalination plant is a reference to the discharge of the pollutant in the course of a prescribed activity of environmental significance specified in Schedule 1 Part A clause 8(6a) of the Act (desalination plant).

Part 2—General provisions supporting Act 4—Prescribed national scheme laws (section 3) (1) For the purpose of paragraph (a) of the definition of the prescribed national scheme laws in section 3(1) of the Act, the National Environment Protection Council Act 1994 of the Commonwealth is the prescribed law of the Commonwealth. (2) For the purpose of paragraph (b) of the definition of the prescribed national scheme laws in section 3(1) of the Act, the National Environment Protection Council (South Australia) Act 1995 is the prescribed law of this State. 5—Prescribed bodies (sections 3, 4 and 5) (1) For the purposes of paragraph (d) of the definition of pollutant in section 3(1) of the Act, and for the purposes of section 5(1)(b) of the Act, the following bodies are prescribed: (a) Australian Conservation Foundation Inc; (b) Business Council for Sustainable Development Australia; (c) Conservation Council of South Australia Incorporated; (d) Environmental Defenders Office (SA) Incorporated; (e) Environmental Health Australia; (f) Local Government Association of South Australia Incorporated; (g) National Environmental Law Association Limited (SA Branch); (h) Primary Producers SA Incorporated; (i) Royal Australian Chemical Institute Inc.; (j) SA Unions; (k) South Australian Chamber of Mines and Energy Incorporated; (l) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA); (m) South Australian Fire and Emergency Services Commission (established under Part 2 Division 1 of the Fire and Emergency Services Act 2005); (n) The Australian Industry Group; (o) The Nature Conservation Society of South Australia Incorporated; (p) Waste Management and Resource Recovery Association of Australia Ltd. (2) For the purposes of section 4(1)(b) of the Act, the following bodies are prescribed: (a) Conservation Council of South Australia Incorporated; (b) Local Government Association of South Australia Incorporated; (c) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA); (d) The Australian Industry Group; (e) Waste Management and Resource Recovery Association of Australia Ltd. 6—Board of Authority (section 14B) (1) For the purposes of section 14B(4) of the Act, the Minister must, in relation to the selection of persons for appointment to the Board, consult with the following bodies: (a) in relation to the selection for appointment of a person with practical knowledge of, and experience in, industry, commerce or economic development— (i) Primary Producers SA Incorporated; and (ii) South Australian Chamber of Mines and Energy Incorporated; and (iii) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA); and (iv) The Australian Industry Group; (b) in relation to the selection for appointment of a person with practical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community— (i) Conservation Council of South Australia Incorporated; and (ii) Environmental Defenders Office (SA) Incorporated; (c) in relation to the selection for appointment of a person with practical knowledge of, and experience in, the reduction, reuse, recycling and management of waste or the environmental management industry— (i) Business Council for Sustainable Development Australia; and (ii) Consult Australia; and (iii) Waste Management and Resource Recovery Association of Australia Ltd; (d) in relation to the selection for appointment of a person with legal qualifications and experience in environmental law— (i) Environmental Defenders Office (SA) Incorporated; and (ii) National Environmental Law Association Limited (SA Branch); (e) in relation to the selection for appointment of a person with practical knowledge of, and experience in, local government—Local Government Association of South Australia Incorporated. (2) A body consulted by the Minister under subregulation (1) must, within a reasonable period of time specified by the Minister, nominate a panel of up to 3 persons, including at least 1 woman and 1 man, from which selection for appointment may be made. 7—Environment Protection Fund (section 24) (1) For the purposes of section 24(3)(a) of the Act, the prescribed percentage of fees (other than expiation fees) to be paid into the Environment Protection Fund is 5%. (2) For the purposes of section 24(3)(b) of the Act, the prescribed percentage of penalties recovered in respect of offences (other than expiation fees or penalties to which a council is entitled) to be paid into the Environment Protection Fund is 100%. (3) For the purposes of section 24(3)(ba) of the Act, the prescribed percentage of amounts recovered by the Authority, by negotiation or as a result of civil proceedings, in respect of contraventions to be paid into the Environment Protection Fund is 100%. (4) For the purposes of section 24(3)(e) of the Act, the prescribed percentage of levy payments under Part 15 of the Act to be paid into the Environment Protection Fund is 5%. 8—Normal procedure for making policies (section 28) For the purposes of section 28 of the Act, the following bodies are prescribed: (a) Australian Conservation Foundation Inc; (b) Business Council for Sustainable Development Australia; (c) Conservation Council of South Australia Incorporated; (d) Environmental Defenders Office (SA) Incorporated; (e) Environmental Health Australia; (f) Local Government Association of South Australia Incorporated; (g) National Environmental Law Association Limited (SA Branch); (h) Primary Producers SA Incorporated; (i) Royal Australian Chemical Institute Inc.; (j) SA Unions; (k) South Australian Chamber of Mines and Energy Incorporated; (l) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA); (m) South Australian Fire and Emergency Services Commission (established under Part 2 Division 1 of the Fire and Emergency Services Act 2005); (n) The Australian Industry Group; (o) The Nature Conservation Society of South Australia Incorporated; (p) Waste Management and Resource Recovery Association of Australia Ltd. 9—Simplified procedure for making certain policies (section 29) For the purposes of section 29 of the Act, the following bodies are prescribed: (a) a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to any of the following: (i) climate change; (ii) energy; (iii) environment; (iv) health; (v) heritage; (vi) mining and petroleum; (vii) natural resource management; (viii) planning; (b) Department of Climate Change, Energy, the Environment and Water (Commonwealth); (c) Department of Environment and Science (Queensland); (d) Department of Environment, Food and Rural Affairs (United Kingdom); (e) Department of Energy, Environment and Climate Action (Victoria); (f) Department of Environment, Parks and Water Security (Northern Territory); (g) Department of Natural Resources and Environment (Tasmania); (h) Department of Planning and Environment (New South Wales); (i) Department of Water and Environmental Regulation (Western Australia); (j) enHealth (Commonwealth); (k) Environment Agency (United Kingdom); (l) Environment, Planning and Sustainable Development Directorate (Australian Capital Territory); (m) Environmental Protection Agency (Ireland); (n) Environmental Protection Agency (United States); (o) Environment Protection Authority (Northern Territory); (p) Environment Protection Authority (Victoria); (q) European Environment Agency; (r) International Organization for Standardization; (s) National Health and Medical Research Council; (t) Scottish Environment Protection Agency; (u) Standards Australia; (v) United Nations Environment Programme; (w) World Health Organisation. 10—Certain matters to be referred to Water Resources Minister (section 64) (1) For the purposes of section 64(2) of the Act, the period allowed for a response from the Water Resources Minister in respect of an application for an environmental authorisation referred to that Minister is 2 months. (2) Pursuant to section 64(6) of the Act, the Authority must not make a decision on an application referred to the Water Resources Minister without having regard to the response of that Minister. 11—Powers of authorised officers (section 87) For the purposes of section 87(3)(a) of the Act, the following are prescribed as vehicles in relation to which an authorised officer may exercise powers of entry and inspection: (a) a vehicle used to carry waste or other matter; (b) a vehicle used in the course of or in connection with an activity authorised or required to be authorised by an environmental authorisation; (c) a vehicle reasonably suspected of being a vehicle referred to in paragraph (a) or (b). 12—Issue of warrants (section 88) For the purposes of section 88(7)(a) of the Act, the prescribed form of a notice to be prepared by an authorised officer who executes a warrant is the form set out in Schedule 1 clause 1. 13—Authority may recover civil penalty in respect of contravention (section 104A) For the purposes of section 104A(3)(a) of the Act, the prescribed form of a notice to be served by the Authority is the form set out in Schedule 1 clause 2. 14—Public register (section 109) (1) For the purposes of section 109(3)(l) of the Act, the following information must be recorded in the register: (a) if an environmental authorisation is subject to a condition requiring compliance with an environment improvement programme under section 44 of the Act—details of the environment improvement programme; (b) such information as the Authority considers appropriate as to the results of tests or monitoring or evaluation undertaken in compliance with conditions of an environmental authorisation under section 52 of the Act; (c) such information as the Authority considers appropriate relating to any determination of the Authority under section 58 of the Act; (d) details of each environment performance agreement entered into under section 59 of the Act; (e) details of each report of an environmental assessment carried out in relation to land for the purposes of— (i) an approved voluntary site contamination assessment proposal under section 103I of the Act; or (ii) an approved voluntary site remediation proposal under section 103K of the Act; (f) details of each report of an environmental assessment carried out, for any other purpose and at any time in relation to land, by or on behalf of the Authority; (g) details of each report known as a "Health Commission Report" prepared on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976) in relation to pollution of land or contamination of land by chemical substances; (h) copies of each written warning issued by the Authority in relation to an alleged contravention of the Act; (i) details of each pre‑1 July 2009 site audit report carried out in relation to land; (j) details of licences to operate a waste depot issued under the repealed South Australian Waste Management Commission Act 1979 or the repealed Waste Management Act 1987; (k) details of licences issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act); (l) details of licences issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act); (m) details of any records that the former South Australian Waste Management Commission held under the repealed Waste Management Act 1987 of waste (within the meaning of that Act) being deposited on land between 1 January 1983 and 30 April 1995. environmental assessment, in relation to land, means an assessment of the existence or nature or extent of— (a) site contamination (as defined in the Act) at the land; or (b) any other contamination of the land by chemical substances, and includes such an assessment in relation to water on or below the surface of the land; pre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the Authority as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining— (a) the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and (b) the suitability of the land for a particular use; and (c) what remediation is or remains necessary for a particular use, but does not include a site contamination audit (as defined in the Act) completed on or after 1 July 2009; pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit.

Part 3—Environmental authorisations

Division 1—General provisions supporting Part 6 of Act 15—Notice and submissions in respect of applications for environmental authorisations (section 39) For the purposes of section 39(4) of the Act, notice is not required to be given to an owner or occupier of adjacent land in circumstances in which— (a) the owner or occupier is the applicant; or (b) the owner or occupier has previously received notice in relation to the same activity at the land albeit as part of a works approval application. 16—Time limit for determination of applications (section 42) For the purposes of section 42 of the Act, the prescribed period is— (a) in the case of an application that is required to be referred to the Water Resources Minister under Part 8 Division 1 of the Act—3 months; or (b) in the case of an application in respect of which public notice is not required under section 39 of the Act—1 month; or (c) in any other case—2 months unless the Authority determines that the application involves matters of special complexity or requires an extended period for consideration of submissions from interested persons, in which case, the period may be extended by the Authority to a period, not exceeding 4 months, determined by the Authority. 17—Term and renewal of environmental authorisations (section 43) For the purposes of section 43(3) of the Act, an application for renewal of an environmental authorisation must be made— (a) if the Authority has specified a number of days for that purpose by condition of the authorisation—not less than that number of days before the date of expiry of the authorisation; or (b) in any other case—not less than 60 days before the date of expiry of the authorisation. 18—Conditions (section 45) For the purposes of section 45(6) of the Act, the penalty for a failure by the holder of an environmental authorisation to comply with a reporting-deadline condition is— (a) in the case of an environmental authorisation granted for a term of 2 years or more—the higher of $300 or 5% of the holder's annual authorisation fee for each month (or part of a month) for which the default continues; or (b) in the case of an environmental authorisation granted for a term of less than 2 years—the higher of $300 or 5% of the holder's authorisation fee (paid on the grant of authorisation under section 40 of the Act) for each month (or part of a month) for which the default continues. 19—Notice and submissions in respect of proposed variations of conditions (section 46) For the purposes of section 46 of the Act, notice of a proposed variation of a condition of an environmental authorisation is not required to be given to an owner or occupier of adjacent land if— (a) the owner or occupier is the holder of the environmental authorisation; or (b) the proposed variation consists of the revocation of an obsolete condition of the environmental authorisation. 20—Criteria for grant and conditions of environmental authorisations (section 47) For the purposes of section 47(4) of the Act— (a) the following South Australian Acts are prescribed: (i) Adelaide Dolphin Sanctuary Act 2005; (ii) Aquaculture Act 2001; (iii) Development Act 1993 (repealed); (iv) Green Industries SA Act 2004; (v) Landscape South Australia Act 2019; (vi) Mining Act 1971; (vii) Natural Resources Management Act 2004 (repealed); (viii) Petroleum and Geothermal Energy Act 2000; (ix) Planning, Development and Infrastructure Act 2016; (x) Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987; (xi) Radiation Protection and Control Act 1982 (repealed); (xii) Radiation Protection and Control Act 2021; (xiii) River Murray Act 2003; (xiv) Water Resources Act 1997 (repealed); and (b) the following Acts of other States and Territories are prescribed: (i) Environmental Management and Pollution Control Act 1994 of Tasmania; (ii) Environment Protection Act 1970 (repealed) of Victoria; (iii) Environment Protection Act 1997 of the Australian Capital Territory; (iv) Environment Protection Act 2017 of Victoria; (v) Environmental Offences and Penalties Act 1989 (repealed) of New South Wales; (vi) Environmental Protection Act 1986 of Western Australia; (vii) Environmental Protection Act 1994 of Queensland; (viii) Protection of the Environment Operations Act 1997 of New South Wales; (ix) Waste Management and Pollution Control Act 1998 of the Northern Territory; (x) Western Australian Marine (Sea Dumping) Act 1981 (repealed) of Western Australia; and (c) the following Acts of the Commonwealth are prescribed: (i) Environment Protection and Biodiversity Conservation Act 1999; (ii) Environment Protection (Sea Dumping) Act 1981; (iii) Hazardous Waste (Regulation of Exports and Imports) Act 1989; (iv) Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. 21—Annual fees and returns (section 48) (1) For the purposes of section 48(2)(a) of the Act, the date in each year before which the holder of an environmental authorisation must lodge an annual return with the Authority is— (a) if the Authority has fixed a date for that purpose by condition of the authorisation—that date; or (b) in any other case—no later than 90 days before the anniversary of the grant or renewal of the authorisation. (2) For the purposes of section 48(2)(b) of the Act, the date in each year before which the holder of an environmental authorisation must pay the annual authorisation fee to the Authority is— (a) if a date is specified for the purpose in the authorisation—that date; or (b) in any other case—the date falling 1 month after each anniversary of the grant of the authorisation. (3) For the purposes of section 48(4) of the Act, the penalty for— (a) a failure to lodge an annual return; or (b) a failure to pay an annual authorisation fee, is $300 or 5% of the annual authorisation fee (whichever is higher) for each month (or part of a month) for which the default continues. 22—Transfer of environmental authorisations (section 49) For the purposes of section 49(3) of the Act— (a) the following South Australian Acts are prescribed: (i) Adelaide Dolphin Sanctuary Act 2005; (ii) Aquaculture Act 2001; (iii) Development Act 1993 (repealed); (iv) Green Industries SA Act 2004; (v) Landscape South Australia Act 2019; (vi) Mining Act 1971; (vii) Natural Resources Management Act 2004 (repealed); (viii) Petroleum and Geothermal Energy Act 2000; (ix) Planning, Development and Infrastructure Act 2016; (x) Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987; (xi) Radiation Protection and Control Act 1982 (repealed); (xii) Radiation Protection and Control Act 2021; (xiii) River Murray Act 2003; (xiv) Water Resources Act 1997 (repealed); and (b) the following Acts of other States and Territories are prescribed: (i) Environmental Management and Pollution Control Act 1994 of Tasmania; (ii) Environment Protection Act 1970 (repealed) of Victoria; (iii) Environment Protection Act 1997 of the Australian Capital Territory; (iv) Environment Protection Act 2017 of Victoria; (v) Environmental Offences and Penalties Act 1989 (repealed) of New South Wales; (vi) Environmental Protection Act 1986 of Western Australia; (vii) Environmental Protection Act 1994 of Queensland; (viii) Protection of the Environment Operations Act 1997 of New South Wales; (ix) Waste Management and Pollution Control Act 1998 of the Northern Territory; (x) Western Australian Marine (Sea Dumping) Act 1981 (repealed) of Western Australia; and (c) the following Acts of the Commonwealth are prescribed: (i) Environment Protection and Biodiversity Conservation Act 1999; (ii) Environment Protection (Sea Dumping) Act 1981; (iii) Hazardous Waste (Regulation of Exports and Imports) Act 1989; (iv) Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. 23—Conditions requiring financial assurance (section 51) For the purposes of section 51(5)(b) of the Act, the interest payable in respect of an amount representing a pecuniary sum or part of a pecuniary sum that is to be repaid to the holder of an environmental authorisation is to be calculated at a rate 1% less than the rate earned from investment of the Environment Protection Fund (or the relevant part of the Fund) during the period that the amount has been credited to the Fund.

Division 2—Application and authorisation fees

Subdivision 1—Works approvals 24—Works approvals—Application fee for grant, authorisation fee on grant or renewal and annual authorisation fee (1) The application fee payable under section 38(1) of the Act for a works approval is the sum of— (a) a lodgement fee of 10 fee units; and (b) an assessment fee of 20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the works approval (assuming the grant of a works approval on the basis of the application). (2) However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding— (a) if the notice and other similar notices are to be published together by the Authority—5 fee units; or (b) in any other case—20 fee units. (3) The application fee for the renewal of a works approval payable under section 43(2) of the Act is 10 fee units. (4) The authorisation fee payable under section 40 or 43(5) of the Act, and the annual authorisation fee payable under section 48 of the Act, for a works approval is the number of fee units determined according to the estimated cost at the time of the grant of the works approval of the proposed works as follows:

Estimated cost of proposed works Up to and including $10 000 More than $10 000 but not more than $50 000 More than $50 000 but not more than $500 000 More than $500 000 but not more than $5 million More than $5 million but not more than $50 million More than $50 million (5) In this regulation, a reference to the estimated cost of proposed works is a reference to the amount estimated by the Authority to be the total cost of the works to which the approval relates excluding any part of the costs determined by the Authority to be attributable to— (a) the purchase of land; or (b) building or other work that will not contribute directly or substantially to the prescribed activity of environmental significance to which the application relates. An annual authorisation fee is only payable for a works approval granted or renewed for a term of 2 or more years (see section 48 of the Act).

Subdivision 2—Exemptions 25—Exemptions—Application fee for grant, authorisation fee for grant or renewal and annual authorisation fee (1) The application fee for an exemption payable under section 38(1) of the Act is 43 fee units. (2) However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding— (a) if the notice and other similar notices are to be published together by the Authority—5 fee units; or (b) in any other case—20 fee units. (3) The application fee for the renewal of an exemption payable under section 43(2) of the Act is 10 fee units. (4) The authorisation fee payable under section 40 or 43(5) of the Act, and the annual authorisation fee payable under section 48 of the Act, for an exemption will be at 1 of the following levels: (a) 10 fee units; (b) a multiple of 10 fee units up to 100 units; (c) 100 fee units; (d) a multiple of 100 fee units up to 2 500 units. (5) The level of the authorisation fee and annual authorisation fee for an exemption is to be determined by the Authority at its discretion having regard to the following: (a) the factors specified in section 25(2) of the Act; (b) any relevant environment protection policy; (c) whether the applicant will be bound by an environment improvement programme; (d) the time of the day and the period for which the exemption will operate; (e) the number of people affected by, or the extent of any other environmental impact of, the activity to which the exemption will relate; (f) any relevant matter arising under any of the following in relation to the location of the activity to which the exemption will relate: (i) the Development Act 1993 or a Development Plan or development authorisation under that Act; (ii) the Planning, Development and Infrastructure Act 2016, the Planning and Design Code or a development authorisation under that Act; (g) any other matter considered relevant by the Authority. An annual authorisation fee is only payable for an exemption granted or renewed for a term of 2 or more years (see section 48 of the Act).

Subdivision 3—Licences 26—Licences—Application fee for grant and authorisation fee for grant or renewal (1) The application fee payable under section 38(1) of the Act for a licence is the sum of— (a) a lodgement fee of 10 fee units; and (b) an assessment fee of— (i) in the case of a licence to undertake a waste transport business (category A)—4 fee units; or (ii) in the case of a licence to undertake a waste transport business (category B)—2 fee units; or (iii) in the case of a licence to undertake dredging or earthworks drainage—34 fee units; or (iv) in any other case—20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the licence (assuming the grant of a licence on the basis of the application) minus the flat fee component. (2) Amounts determined under subregulation (1)(b)(iv) are not subject to adjustment under regulation 31. (3) However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding— (a) if the notice and other similar notices are to be published together by the Authority—5 fee units; or (b) in any other case—20 fee units. (4) The application fee for the renewal of a licence payable under section 43(2) of the Act is 10 fee units. (5) The authorisation fee payable under section 40 of the Act for the grant of a licence is the amount determined by the Authority to be the applicant's projected annual authorisation fee, being the amount of the annual authorisation fee (excluding the resource efficiency component) that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the period to which the calculations relate. (6) The authorisation fee payable under section 43(5) of the Act for renewal of a licence is the amount determined by the Authority to be the applicant's projected annual authorisation fee, being the amount of the annual authorisation fee that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the periods to which the calculations relate. (7) For the purposes of determining the applicant's projected annual authorisation fee— (a) a reference in regulation 27 to an annual authorisation fee is to be read as if it were a reference to the projected annual authorisation fee; and (b) subject to subregulation (8), a reference in these regulations to the current licence period is to be read as if it were a reference to the projected licence period; and (c) a reference in these regulations to activities authorised by the licence is to be read as if it were a reference to activities to be authorised by the licence. (8) If the projected licence period is less than or more than 12 months— (a) a pro rata adjustment is to be made to the amount of the environment management component, and, in the case of renewal, the resource efficiency component, by applying the proportion that the length of the projected licence period bears to 12 months; and (b) the pro rata adjustment is to be made on the basis of months, parts of a month being counted as a full month; and (c) for the purposes of determining the environment management component, if the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during a period of 12 months rather than during the projected licence period. Examples— 1 If the term of the licence is 3 months, the proportion that the length of the projected licence period bears to 12 months would be ¼. 2 If the term of the licence is 3½ months, the proportion that the length of the projected licence period bears to 12 months would be ⅓. projected licence period means— (a) in the case of a licence for which the holder is not liable to pay an annual authorisation fee under section 48 of the Act (by reason of the fact that the term of the licence is less than 2 years or that it is an environmental authorisation of a prescribed class)—the term of the licence; or (b) in the case of a licence for which the holder is liable to pay an annual authorisation fee under section 48 of the Act—the period between the grant or renewal of the licence and the commencement of the first licence period for which an annual authorisation fee will be payable. 27—Licences—Annual authorisation fee (1) The annual authorisation fee payable under section 48 of the Act for a licence is the sum of— (a) the flat fee component of 1 fee unit; and (b) the environment management component determined for the current licence period in accordance with regulation 28; and (c) the resource efficiency component comprising— (i) if the pollutant threshold is exceeded for a designated air pollutant or a designated water pollutant in the reporting period immediately preceding the current licence period—the pollutant load‑based component for the pollutant determined in accordance with regulation 29; and (ii) if the low salinity water threshold is exceeded in the reporting period immediately preceding the current licence period—the water reuse component determined in accordance with regulation 30. An annual authorisation fee is only payable for a licence granted or renewed for a term of 2 or more years (see section 48 of the Act). (2) The pollutant threshold is exceeded in a reporting period— (a) for a designated air pollutant if— (i) in the case of sulphur dioxide or nitrogen oxides—more than 10 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or (ii) in the case of particulates or volatile organic compounds—more than 1 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or (iii) in the case of lead—more than 100 kilograms of lead are emitted to air during the period from an assessable site specified in the licence; or (b) for a designated water pollutant if— (i) in the case of heat—more than 10 megawatts of heat are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or (ii) in the case of suspended solids, nitrogen, phosphorus, organic matter or zinc—more than 1 000 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or (iii) in the case of copper or lead—more than 100 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or (iv) in the case of salt discharged in the course of a desalination plant— (A) more than 75 000 tonnes of the salt are discharged to the marine environment during the period from an assessable site specified in the licence; or (B) any amount of the salt is discharged during the period from an assessable site specified in the licence to other waters of the State that have a background concentration of salt of 13 000 milligrams of total dissolved solids per L or less (when measured during the period by a method approved by the Authority), in each case, assessed in accordance with an approved estimation or monitoring technique for the activity that produces the pollutant. (3) The low salinity water threshold is exceeded in a reporting period if 10 megalitres or more of water is discharged to the marine environment during that period (whether directly or indirectly through pipes or channels) from an assessable site specified in the licence and the average salinity of water so discharged is less than 1 500 milligrams of total dissolved solids per litre (assessed in accordance with an approved estimation or monitoring technique for the activity that produces the water). (4) The pollutant threshold or low salinity water threshold is to be taken to have been exceeded in the reporting period immediately preceding the current licence period (the relevant reporting period) if— (a) the Authority is satisfied that the threshold has been exceeded in the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or (b) the Authority has not received information for the relevant reporting period or has not had an opportunity to determine whether it is satisfied as to the accuracy of information reported to the Authority for the relevant reporting period, but is satisfied that the threshold has been exceeded in the reporting period immediately preceding the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or (c) the Authority is satisfied on the basis of its reasonable assumptions as to the nature and level of the activities authorised by the licence that the threshold would be exceeded if the activities were to be carried on over a 12 month period (whether or not they have in fact been carried on over such a period). (5) If discharges of liquid pollutants from 2 or more activities authorised by separate licences (whether or not held by the same person) are mixed by use of the same pipe or channel or otherwise so as to constitute a single discharge to waters, the Authority is to— (a) determine the annual authorisation fee payable for the licence as if the discharge to waters were the result of activities authorised by a single licence; and (b) apportion the amount so determined between the separate licences concerned— (i) on such basis as may be nominated by the holder of the licences, or, if there is more than 1 holder, on such basis as may be agreed by the holders; or (ii) in the absence of such a nomination or agreement, on a basis determined by the Authority having regard to the respective environmental impacts of the discharges resulting from the activities authorised by the separate licences. 28—Determining environment management component (1) The environment management component is comprised of— (a) a separate amount payable for each assessable site specified in the licence as follows: (i) if the licence authorises only 1 prescribed activity of environmental significance to be carried on at the site during the licence period—the number of fee units specified in Schedule 2 Part 2 for the activity; (ii) if the licence authorises 2 or more prescribed activities of environmental significance to be carried on at the site during the licence period—the highest number of fee units specified in Schedule 2 Part 2 for any of the activities (or the higher number, in the case of only 2 such activities); and (b) if the licence authorises a waste transport business—the number of fee units determined as follows: (i) the number of fee units specified in Schedule 2 Part 2 for the activity for each vehicle that is an assessable vehicle during the licence period adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, by applying the proportion that the number of months during the licence period for which the vehicle is an assessable vehicle bears to 12 months; (ii) for the purposes of the adjustment, part of a month is to be counted as a full month; (iii) if the same vehicle is an assessable vehicle for the purposes of both a waste transport business (category A) and a waste transport business (category B) and a different number of fee units is specified in Schedule 2 Part 2 for the vehicle in those different businesses—the number of fee units for the vehicle is the higher number of fee units so specified adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, as set out in subparagraphs (i) and (ii); and (c) if the licence authorises dredging—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period; and (d) if the licence authorises earthworks drainage—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period. (2) If the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during the licence period. (3) Amounts determined under this regulation are subject to any necessary adjustment under regulation 31 after the end of the licence period. 29—Determining pollutant load‑based component (1) The pollutant load‑based component is comprised of a separate amount payable for each assessable site specified in the licence. (2) The amount payable for an assessable site is the sum of— (a) the fee units for each designated air pollutant emitted to air from the site in the course of a prescribed activity of environmental significance during the designated reporting period determined in accordance with subregulation (3); and (b) the fee units for each designated water pollutant— (i) in the case of a designated water pollutant discharged to waters (including underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of a desalination plant during the designated reporting period—determined in accordance with subregulation (4); or (ii) in the case of a designated water pollutant discharged to waters (other than underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of any other prescribed activity of environmental significance during the designated reporting period—determined in accordance with subregulation (5). (3) The number of fee units for a designated air pollutant is to be determined in accordance with the following formula:

DAP is the number of fee units for the designated air pollutant T is the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant emitted to air during the reporting period, assessed— (a) in accordance with an approved estimation or monitoring technique for the activity that resulted in the emission; or (b) if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities N is the number of fee units for the pollutant specified in Table 1 Z is the zone weighting determined in accordance with Table 1 by reference to the pollutant and the location of the assessable site from which the pollutant is emitted (and if the site is located in 2 areas listed in the table, the higher zone weighting applies).

Table 1—Fee units and zone weightings for designated air pollutants Location of assessable site sulphur dioxide All areas nitrogen oxides Adelaide airshed

particulates Mount Gambier airshed

In the case of red dust particulates—Whyalla airshed

volatile organic compounds Adelaide airshed 1.5

Areas outside the Adelaide airshed that are within a council area

0.5 lead Port Pirie airshed

(4)	The number of fee units for a designated water pollutant discharged to waters in the course of a desalination plant is to be determined in accordance with the following formula:

DWP is the number of fee units for the designated water pollutant T is— (a) in the case of a designated water pollutant other than heat— (i) the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant discharged to waters during the reporting period; or (ii) if the licensee satisfies the Authority that the pollutant has been discharged back into the same waters from which it was taken—the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant so discharged during the reporting period (calculated by subtracting the background concentration of the pollutant in the receiving waters from the concentration of the pollutant in the wastewater conveying the pollutant, in each case measured in grams per L, and multiplying that result by the total number of megalitres of the wastewater discharged to the waters during the reporting period); or (b) in the case of heat—the number of megawatts (rounded to the nearest megawatt) of the heat discharged to waters during the reporting period, assessed— (c) in accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or (d) if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities N is the number of fee units for the pollutant specified in Table 2 Z is the zone weighting determined in accordance with Table 2 by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).

Table 2—Fee units and zone weightings for designated water pollutants—desalination plants Location of waters salt 0.00177 Marine environment

heat All waters of the State suspended solids Metropolitan coastal waters

nitrogen Port River region or Metropolitan coastal waters

phosphorus Port River region

organic matter Lake Bonney (South East)

zinc

copper, lead

(5)	The number of fee units for a designated water pollutant (other than when discharged to waters in the course of a desalination plant) is to be determined in accordance with the following formula:

DWP is the number of fee units for the designated water pollutant T is— (a) the weight (in tonnes rounded to the nearest 0.1 tonne); or (b) in the case of heat—the number of megawatts (rounded to the nearest megawatt), of the pollutant discharged to waters during the reporting period, assessed— (c) in accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or (d) if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities N is the number of fee units for the pollutant specified in Table 3 Z is the zone weighting determined in accordance with Table 3 by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).

Table 3—Fee units and zone weightings for designated water pollutants—activities other than desalination plants Location of waters heat All waters of the State suspended solids Metropolitan coastal waters

nitrogen Port River region or Metropolitan coastal waters

phosphorus Port River region

organic matter Lake Bonney (South East)

zinc

copper, lead

(6)	If the pollutant threshold is taken to be exceeded under regulation 27(4)(b) or regulation 27(4)(c), the pollutant load‑based component is subject to any necessary adjustment under regulation 31 after the end of the licence period.
(7)	In this regulation—

designated reporting period means— (a) if the pollutant threshold is taken to be exceeded under regulation 27(4)(a)—the reporting period immediately preceding the current licence period; or (b) if the pollutant threshold is taken to be exceeded under regulation 27(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a); or (c) if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—a hypothetical reporting period of 12 months. (8) For the purposes of subregulation (4), a designated water pollutant will be taken to have been discharged back into the same waters from which it was taken if the pollutant was— (a) taken from the marine environment and discharged back into the marine environment; or (b) taken from an aquifer and discharged back into the same aquifer; or (c) taken from a watercourse and discharged back into the same watercourse; or (d) taken from some other body of waters and discharged back into the same body of waters. 30—Determining water reuse component (1) The water reuse component is comprised of a separate amount payable for each assessable site specified in the licence. (2) The water reuse component is 1 fee unit for each megalitre (rounded to the nearest megalitre) of wastewater discharged to the marine environment (whether directly or indirectly through pipes or channels) in the course of a prescribed activity of environmental significance during the designated reporting period— (a) measured in accordance with an approved estimation or monitoring technique for the activity; or (b) if the low salinity water threshold is taken to be exceeded under regulation 27(4)(c)—estimated by the Authority on the basis of its reasonable assumptions as to the nature and level of the licensee's activities. (3) If the low salinity water threshold is taken to be exceeded under regulation 27(4)(b) or regulation 27(4)(c), the water reuse component is subject to any necessary adjustment under regulation 31 after the end of the licence period. (4) In this regulation— designated reporting period means— (a) if the low salinity water threshold is taken to be exceeded under regulation 27(4)(a)—the reporting period immediately preceding the current licence period; or (b) if the low salinity water threshold is taken to be exceeded under regulation 27(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a); or (c) if the low salinity water threshold is taken to be exceeded under regulation 27(4)(c)—a hypothetical reporting period of 12 months. 31—Adjustment of annual authorisation fee or projected annual authorisation fee after end of licence period or projected licence period (1) If the Authority is satisfied after the end of a licence period that the annual authorisation fee determined for the period (as based on estimates made by the Authority under this Division) was an amount less than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority may, by notice in writing to the holder of the licence or by conditions of the licence, require the holder of the licence to pay to the Authority, within a specified period, the amount determined by the Authority to represent the difference between those 2 amounts. If no resource efficiency component was payable because the pollutant threshold or low salinity water threshold was determined in accordance with regulation 27(4)(b) or (c) as not having been exceeded but information subsequently reported to the Authority shows that the threshold would have been exceeded under regulation 27(4)(a) if that information had then been available and the Authority had been satisfied as to its accuracy, this subregulation will apply and a resource efficiency component will become payable. (2) If the holder of a licence satisfies the Authority (by such evidence as the Authority may require) after the end of a licence period that the annual authorisation fee paid for the period (as based on estimates made by the Authority under this Division) was more than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority must refund to the holder of the licence the amount determined by the Authority to represent the difference between those 2 amounts. annual authorisation fee includes a projected annual authorisation fee under regulation 26; licence period includes a projected licence period under regulation 26. 32—Cessation of activity Despite regulation 27, the following provisions apply in the case of the cessation of a prescribed activity of environmental significance carried on pursuant to a licence: (a) if— (i) the licence has been renewed under section 43(6) of the Act or is subject to conditions under section 52A or 56(2)(b) of the Act; and (ii) the activity ceased before the commencement of the current licence period, no environment management component or flat fee component is payable for that period; (b) in the case of an activity for which the amount of the environment management component does not depend on an indicator of the level of activity during the licence period— (i) if the licence is subject to conditions under section 52A or 56(2)(b) of the Act and the holder of the licence satisfies the Authority that the activity is to cease during the current licence period, a pro rata adjustment is to be made to the amount of the environment management component for that period by applying the proportion that the number of months in that period before the activity is to cease bears to 12 months; and (ii) if conditions are imposed on the licence under section 52A or 56(2)(b) of the Act during the current licence period and the activity ceases during that period, the Authority must, no later than the end of that period, refund to the holder of the licence a proportion of the environment management component for that period, being the proportion that the number of months remaining in that period after the cessation of the activity or the imposition of the conditions (whichever is the later) bears to 12 months; and (iii) for the purposes of this paragraph, a part of a month is to be counted as a full month.

Division 3—Discounts and other benefits for accredited licensees 33—Benefits of accreditation An accredited licensee is entitled to— (a) a 50% reduction in the environment management component of— (i) the authorisation fee otherwise payable under section 40 or 43 of the Act in relation to the accredited activity; or (ii) the annual authorisation fee otherwise payable under section 48 of the Act in relation to the accredited activity; and (b) any other variations to the licence conditions favourable to the licensee considered appropriate by the Authority. 34—Accredited licences (1) A licensee may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance carried on at premises occupied by the licensee. (2) An application for accreditation must be made in a manner and form approved by the Authority and accompanied by any information required by the Authority. (3) Subject to this regulation, the Authority may grant accreditation if satisfied that— (a) the activity is being carried on at the premises to a high level of environmental performance; and (b) that performance can be maintained for the duration of the term of the licence. (4) In determining the level of environmental performance for the purposes of subregulation (3), the Authority may take into consideration the following: (a) the licensee's record of compliance with the Act and statutory instruments under the Act; (b) whether the licensee has an environment improvement programme in place in respect of the activity; (c) any other matter it considers relevant. (5) The Authority must not grant accreditation unless satisfied that the licensee has in place in respect of the activity the following: (a) an environment management system approved by the Authority; (b) an environmental audit and compliance program approved by the Authority. (6) The Authority must, within 14 days of granting an application for accreditation, publish a notice in the Gazette specifying the name of the accredited licensee, the premises at which the accredited activity is carried on and the nature of that activity. (7) An accreditation may, with the approval of the Authority, be transferred simultaneously with the transfer of a licence under section 49 of the Act. 35—Performance reports (1) An accredited licensee must submit a performance report to the Authority within 60 days after the end of each financial year or such further period as the Authority may approve containing details of environmental performance at the premises at which the accredited activity is carried on during the financial year. (2) A performance report must— (a) be prepared in a form approved by the Authority; and (b) contain information or details required by the Authority; and (c) be authorised by the licensee. 36—Review of accreditation (1) The Authority may, at any time, review the accreditation of an accredited licensee. (2) The Authority must give the licensee notice of its intention to conduct a review under this regulation. (3) The Authority may cancel an accreditation if of the opinion that— (a) the accredited activity is no longer being carried on at the premises to a high level of environmental performance; or (b) the licensee has contravened the Act or a statutory instrument under the Act; or (c) the licensee no longer has in place or is implementing in respect of the accredited activity— (i) an environment management system approved by the Authority; or (ii) an environment improvement programme approved by the Authority; or (iii) an environmental audit and compliance program approved by the Authority. (4) If a licensee's accreditation is cancelled, the licensee must pay to the Authority an amount equal to the licence fee reduction resulting from the accreditation multiplied by the proportion that the number of days in the remainder of the current licence period bears to the number of days in the licence period.

Division 4—Miscellaneous fees relating to environmental authorisations 37—Late application for renewal (section 43(4)) For the purposes of section 43(4) of the Act, the fee for late application for renewal of an environmental authorisation is $300 or 5% of the authorisation fee (whichever is higher) payable on renewal for each month (or part of a month) for which the application is late. 38—Renewal without application (section 43(6)) If an environmental authorisation under which activities continue to be undertaken is renewed under section 43(6) of the Act (without application), the holder of the authorisation must pay the Authority the authorisation fee that would have been payable under section 43(5) of the Act had the authorisation been renewed on application. 39—Conditions requiring approval of certain works and processes (section 54C) (1) The prescribed fee payable for an application for an approval required by conditions of an environmental authorisation imposed under section 54C(2) of the Act in relation to— (a) the construction or alteration of a building or structure, or the installation or alteration of plant or equipment, for use for an activity carried on under the authorisation (works); or (b) a change in process undertaken under the authorisation, is the number of fee units determined according to the cost of the works or change in process estimated by the Authority as follows:

Estimated cost of works or change in process Up to and including $10 000 More than $10 000 but not more than $50 000 More than $50 000 but not more than $500 000 More than $500 000 but not more than $5 million More than $5 million but not more than $50 million More than $50 million (2) If the application relates to both works and a change in process, the prescribed fee payable for the application will be determined as if separate applications had been made, 1 in relation to the works and the other in relation to the change in process. (3) In this regulation, a reference to the estimated cost of works is a reference to the amount estimated to be the total cost of the works to which the application relates excluding any part of the costs determined by the Authority to be attributable to— (a) the purchase of land; or (b) building or other work that will not contribute directly or substantially to the prescribed activity of environmental significance to which the application relates.

Part 4—Beverage containers 40—Beverage (section 65) The following liquids are excluded from the ambit of the definition of beverage in section 65 of the Act: (a) concentrated fruit or vegetable juice, or concentrated fruit and vegetable juice, intended to be diluted before consumption; (b) a health tonic that is— (i) included on the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 of the Commonwealth; and (ii) supplied with a label or other accompanying document specifying— (A) that the tonic is for medicinal purposes; and (B) a recommended maximum dosage; and (c) a cordial comprised of a concentrated syrup that— (i) contains the following ingredients (whether or not it also contains other ingredients): (A) water; (B) a sweetener (whether natural or artificial); (C) colouring or flavouring, or both (whether natural or artificial); and (ii) is intended to be diluted before consumption. 41—Collection depot (section 65) For the purposes of the definition of collection depot in section 65 of the Act, a reverse vending machine is a facility of a prescribed kind. 42—Refund amount (section 65) For the purposes of the definition of refund amount in section 65 of the Act, the following refund amounts are prescribed: (a) for category A containers—$0.10; (b) for category B containers—$0.10. 43—Exemption of certain containers by regulation (section 67) (1) Pursuant to section 67 of the Act, the following classes of containers are exempt from the application of Part 8 Division 2 of the Act: (a) containers used for the purpose of containing milk or milk substitute (other than flavoured milk or flavoured milk substitute); (b) containers used for the purpose of containing 1 litre or more of flavoured milk or flavoured milk substitute; (c) containers used for the purpose of containing 1 litre or more of pure juice (comprising at least 90% fruit juice or vegetable juice or a mixture of fruit and vegetable juices); (d) containers used for the purpose of containing more than 3 litres of beverage; (e) containers constructed of cardboard and plastic, cardboard and foil, or cardboard, plastic and foil (commonly known as casks or aseptic packs) used for the purpose of containing 1 litre or more of wine, wine‑based beverage or water (including mineral or spring water); (f) containers constructed of plastic or foil or plastic and foil (commonly known as sachets) used for the purpose of containing 250 millilitres or more of wine. flavoured milk means milk to which flavouring has been added; flavoured milk substitute means milk substitute to which flavouring has been added and which is marketed as a flavoured product; milk means cow's milk or the milk of any other animal and, without limiting that meaning, includes milk that is 1 or more of the following: (a) ultra heat treated or reconstituted milk; (b) reduced fat milk; (c) milk with added protein, milk fat, calcium, vitamins, minerals or other supplements; milk substitute means a liquid substitute for milk derived from a plant or part of a plant and, without limiting that meaning, includes milk substitute that is 1 or more of the following: (a) ultra heat treated or reconstituted milk substitute; (b) reduced fat milk substitute; (c) milk substitute with added protein, fat, calcium, vitamins, minerals or other supplements; wine-based beverage means a pre‑mixed beverage that contains— (a) wine and another beverage that is not a grape product; and (b) less than 10% alcohol by volume at 20° Celsius. 44—Annual returns for collection depots and super collectors (section 69A) (1) For the purposes of section 69A(1) of the Act, the date before which the holder of an approval to operate a collection depot or carry on business as a super collector must lodge an annual return with the Authority, or pay the annual fee to the Authority, is, unless some other date is fixed by the Authority by condition of the approval, 30 September in each year. (2) For the purposes of section 69A(2) of the Act, the penalty for failure to lodge an annual return or pay the annual fee is $300 or 5% of the annual fee (whichever is higher) for each month (or part of a month) for which the default continues. If there has been a failure to lodge an annual return and pay the annual fee, the penalty for default is payable in respect of each failure. 45—Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction (section 69C) For the purposes of section 69C(2) of the Act, a declaration to be completed by a person presenting containers must include the following: (a) the full name and address of the person; (b) proof of identity of the person in the form of— (i) the person's driver's licence number; or (ii) if the person is unable to produce the person's driver's licence—a passport, credit or debit card, concession card, gas, electricity or telephone account or similar document or card that has been issued to the person; (c) if the person has delivered the containers by vehicle—the registration number of the vehicle and the State or Territory of registration; (d) the signature of the person. 46—Certain containers prohibited (section 72) For the purposes of paragraph (b) of the definition of prohibited container in section 72(1) of the Act, a sealed glass container (commonly known as a plasti‑shield container) that— (a) is designed to contain more than 500 millilitres of beverage; and (b) is not designed to be refilled; and (c) is covered on the outside with a plastic sheath or coating, is a sealed glass container of a prescribed kind.

Part 5—Site contamination Division 1—General provisions supporting Part 10A of Act 47—Occupier (section 103A) (1) For the purposes of the definition of occupier in section 103A of the Act, a person is to be taken to be an occupier of land if the person owns, or has operational control of, a tank or pipeline, or any works or structure, that— (a) is installed on or traverses the land, whether below or above the ground; and (b) is used to store or convey chemical substances or for some process employing chemical substances. (2) For the purposes of subregulation (1), a person has operational control over a tank, pipeline, works or a structure if the person has the authority to introduce and implement environmental or health and safety policies or any other operating policies for the tank, pipeline, works or structure. 48—Potentially contaminating activities (sections 103C and 103H) (1) For the purposes of sections 103C and 103H of the Act, the following activities are prescribed as potentially contaminating activities: (a) an activity of a kind set out in Schedule 3 clause 2, undertaken in the course of a business; (b) any other activity (other than an activity of a kind excluded under Schedule 3 clause 2 from the ambit of potentially contaminating activities) undertaken in the course of a business involving— (i) the manufacture, production (including as a by‑product or waste) or recycling of a listed substance or a product containing a listed substance; or (ii) the storage at a discrete premises of the business of— (A) 500 litres or more of a liquid listed substance; or (B) 500 kilograms or more of a listed substance other than a liquid; (c) a domestic activity of a kind set out in Schedule 3 clause 3. (2) However— (a) the Authority may determine that an activity of a kind referred to in subregulation (1)(a) is not a potentially contaminating activity if the Authority is satisfied that the activity has been carried on in such a manner or on such a scale as to present a negligible risk of site contamination; and (b) the Authority may determine that an activity of a kind referred to in subregulation (1)(b) is not a potentially contaminating activity if the Authority is satisfied that the relevant listed substance has, at all times while at the premises of the business, been contained or incorporated in a product (other than a product that itself is or comprises a listed substance) or container— (i) in insignificant concentrations; or (ii) in such a way as to present a negligible risk of escape of the substance to the environment. (3) For the purposes of this regulation, a reference to a discrete premises of a business is, in the case of activities authorised by a licence— (a) a reference to each location specified in the licence at which activities authorised by the licence may be undertaken; or (b) if various places are specified in the licence as a single location at which activities authorised by the licence may be undertaken—a reference to the various places taken together. (4) To avoid doubt, an activity of a kind referred to in subregulation (1)(a) or (b) is not precluded from being undertaken in the course of a business merely because it is undertaken for the purposes of research. (5) In this regulation— recycling includes reprocessing, recovery and purification. 49—Causing site contamination (section 103D) (1) Subject to this regulation, the commencement or revival of a particular use of a site is a prescribed change of use for the purposes of section 103D(2) of the Act if— (a) the use supersedes a previous use of the site; or (b) the commencement of the use or the revival of the use follows upon a period of non-use; or (c) the use is additional to a previously established use of the site which continues despite the commencement of the new use. (2) The revival of a use of a site after a period of discontinuance will be regarded as the continuation of an existing use unless— (a) the period intervening between the discontinuance and revival of the use exceeds two years; or (b) during the whole or a part of the period intervening between its discontinuance and revival, the use was superseded by some other use. 50—Liability for property damage etc caused by person entering land—exemptions (section 103M) (1) A person is exempt from the application of section 103M(2) of the Act if the person enters or does anything on land on behalf of the occupier of the land in order to carry out— (a) the requirements of a site contamination assessment order or site remediation order that has been issued to the occupier; or (b) a voluntary site contamination assessment proposal or voluntary site remediation proposal that has been approved by the Authority on the application of the occupier. (2) A person is exempt from the application of section 103M(3) of the Act if the person enters or does anything on land on behalf of the owner of the land in order to carry out— (a) the requirements of a site contamination assessment order or site remediation order that has been issued to the owner; or (b) a voluntary site contamination assessment proposal or voluntary site remediation proposal that has been approved by the Authority on the application of the owner. Division 2—Site contamination auditors Subdivision 1—Accreditation 51—Eligibility for accreditation (1) A person is eligible for accreditation as a site contamination auditor if the person— (a) has the qualifications, experience, knowledge, understanding and ability set out in subregulation (2); and (b) is a fit and proper person to be accredited. (2) An applicant for accreditation must— (a) have a tertiary qualification approved by the Authority in a relevant discipline; and (b) have a total of at least 8 years of experience in the assessment and remediation of site contamination; and (c) have knowledge and understanding at a level satisfactory to the Authority of— (i) the provisions of the Act and these regulations relating to site contamination assessment, remediation, audits and auditors; and (ii) codes of practice, guidelines and standards prepared or approved by the Authority that apply to site contamination assessment, remediation, audits and auditors; and (iii) the field of site contamination assessment and remediation; and (d) have a demonstrated ability to put the knowledge and understanding referred to in paragraph (c) into practice, to a degree satisfactory to the Authority. (3) For the purposes of determining whether a person is eligible for accreditation under subregulation (1), the Authority may, without limitation, take into account the following: (a) any recommendations made in relation to the person by an accreditation committee; (b) any offence committed by the person against the Act, these regulations or legislation similar to these regulations in force in another State or a Territory of the Commonwealth; (c) any offence punishable by imprisonment committed by the person; (d) the cancellation or suspension of accreditation or similar authority held by the person, or the disqualification of the person from practising as a site contamination auditor, under these regulations or under legislation similar to these regulations in force in another State or a Territory of the Commonwealth; (e) whether, during the period of 10 years preceding the application for accreditation, the person has been an undischarged bankrupt or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors. 52—Application for accreditation (1) An application for accreditation must— (a) be made to the Authority in the manner and form approved by the Authority; and (b) be signed by the applicant and completed in accordance with the instructions contained in the form; and (c) subject to subregulation (2), be accompanied by the fee for an application for accreditation as set out in Schedule 4. (2) The application fee referred to in subregulation (1)(c) is not payable in respect of a person entitled under the Mutual Recognition Act 1992 of the Commonwealth, as adopted by the Mutual Recognition (South Australia) Act 1993, to be registered (as defined in that Commonwealth Act) in this State as a site contamination auditor. (3) An applicant for accreditation must— (a) consent to the conduct by the Authority of inquiries relating to any accreditation or similar authority held at any time by the person under these regulations or under legislation similar to these regulations in force in another State or Territory of the Commonwealth; and (b) provide the Authority with any information required by the Authority (verified, if the Authority so requires, by statutory declaration) for the purposes of determining the application including (without limitation) criminal record checks relating to the applicant; and (c) supply the Authority with 1 or more digital photographs of the applicant as specified by the Authority. (4) The Authority may, on receipt of an application for accreditation under this regulation, refer the application to an accreditation committee and request the committee's written recommendations in relation to the application within a period specified in the notice (being not less than 14 days after referral of the application to the committee). 53—Grant of accreditation (1) The Authority may refuse an application for accreditation if— (a) the person has not made due application for accreditation under this Division; or (b) the applicant has not complied with a requirement of this Part or a requirement of the Authority made in connection with the application; or (c) the Authority is not satisfied that the applicant is eligible for accreditation. (2) The Authority is not required, if it has assessed a person's qualifications, experience, knowledge, understanding or ability to be appropriate for accreditation, to assess the person's qualifications, experience, knowledge, understanding or ability again on a subsequent application by the person for accreditation (or renewal of accreditation). (3) The Authority may decline to grant accreditation unless or until the fee for the grant of accreditation as set out in Schedule 4 is paid. 54—Conditions of accreditation (1) The Authority may impose— (a) a condition requiring the person to undertake ongoing professional development; and (b) any other conditions the Authority thinks fit. (2) Without limiting the effect of subregulation (1), the Authority must make it a condition of every accreditation that— (a) the holder of the accreditation will, when acting as a site contamination auditor, act diligently, impartially and conscientiously; and (b) the holder of the accreditation will maintain arrangements enabling the holder to have access, from time to time as necessary in the course of carrying out site contamination audits, to a team of persons, constituted in a manner approved by the Authority, to provide technical expertise in fields outside the holder's personal expertise; and (c) the holder of the accreditation will not, when acting as a site contamination auditor, fail to comply with any guidelines issued from time to time by the Authority (insofar as they may be relevant in the circumstances of any particular case); and (d) the holder of the accreditation will hold or be covered by a professional indemnity insurance policy approved by the Authority; and (e) the holder of the accreditation will have an identity card issued by the Authority available for inspection at all times when present as a site contamination auditor at a site the subject of site contamination assessment or remediation; and (f) if the holder of the accreditation is charged with or convicted of— (i) an offence against the Act, this Part or legislation similar to this Part in force in another State or a Territory of the Commonwealth; or (ii) an offence punishable by imprisonment, the person will, within 14 days, give written notice of the charge or conviction to the Authority containing details of the offence; and (g) if the holder of the accreditation— (i) is dismissed from employment in response to allegations of misconduct; or (ii) resigns from employment following allegations of misconduct, the person will, within 14 days, give written notice of that fact to the Authority. (3) The Authority may, by written notice, vary or revoke a condition, or impose a condition, of a person's accreditation as a site contamination auditor. (4) A condition may only be imposed or varied— (a) on application by the site contamination auditor or with the auditor's agreement; or (b) after giving the site contamination auditor reasonable notice of the proposed condition or variation and allowing the auditor at least 14 days within which to make submissions to the Authority in relation to the proposed condition or variation. 55—Offence to contravene certain conditions of accreditation If a site contamination auditor contravenes a condition of the person's accreditation that requires the Authority to be notified of a matter or imposes a restriction on the work undertaken by the person, the person is guilty of an offence. 56—Annual fee (1) A site contamination auditor must, on or before the date falling 1 month after each anniversary of the grant of accreditation (other than in a year in which the accreditation is due to expire), pay to the Authority the annual fee for accreditation as set out in Schedule 4. (2) If an accredited site contamination auditor fails to pay a fee in accordance with this regulation, the Authority may, by written notice, require the auditor to make good the default and, in addition, to pay to the Authority as a penalty for default $20 plus 1% of the annual accreditation fee for the first month (or part of a month) for which the default continues and 2% of the annual fee for accreditation for each further month (or part of a month) for which the default continues. 57—Term and renewal of accreditation (1) Subject to this Part, accreditation remains in force for a term not exceeding 5 years determined by the Authority and specified in the accreditation on its grant or renewal. (2) An application for renewal of accreditation must— (a) be made not less than 90 days before the expiry of the accreditation; and (b) be made to the Authority in the manner and form approved by the Authority; and (c) be signed by the applicant and completed in accordance with the instructions contained in the form; and (d) be accompanied by the fee for renewal of accreditation as set out in Schedule 4. (3) The Authority may, at the Authority's discretion, determine a late application for renewal provided that the applicant pays, in addition to the fee for renewal of accreditation, a late fee comprised of $20 plus 1% of the fee for renewal of accreditation for the first month (or part of a month) for which the application is late and 2% of the fee for renewal of accreditation for each further month (or part of a month) for which the application is late. (4) The Authority may, on receipt of an application for renewal under this Division— (a) refer the application to an accreditation committee and request the committee's written recommendations in relation to the application within a period specified in the notice (being not less than 14 days after referral of the application to the committee); and (b) require the applicant to provide any information required by the Authority (verified, if the Authority so requires, by statutory declaration) for the purposes of determining the application including (without limitation) criminal record checks relating to the applicant; and (c) refuse to renew the applicant's accreditation on any ground on which an application for accreditation may be refused under regulation 53 or on which accreditation may be cancelled under regulation 58. 58—Disciplinary action against site contamination auditors and voluntary suspension (1) The Authority may, if satisfied that there is cause for disciplinary action against a site contamination auditor, do 1 or more of the following: (a) suspend any accreditation held by the person; (b) cancel any accreditation held by the person; (c) disqualify the person from obtaining accreditation. (2) There is cause for disciplinary action against a site contamination auditor if the Authority is satisfied that— (a) the person— (i) obtained accreditation improperly; or (ii) has contravened the Act or this Part; or (iii) has contravened a condition of accreditation; or (iv) has ceased to undertake the activities authorised by accreditation; or (v) has not paid fees or charges payable under this Part to the Authority within the required time; or (b) events have occurred such that the person would not, if the person were to apply for accreditation, be eligible for accreditation. (3) A suspension under this regulation— (a) may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Authority; and (b) may be expressed to have effect at a specified future time, or to have effect at a specified future time unless a specified condition is fulfilled. (4) A disqualification under this regulation may disqualify a person from obtaining accreditation— (a) permanently; or (b) for a specified period or until the fulfilment of specified conditions; or (c) until further order of the Authority. (5) The Authority must, before acting under this regulation— (a) give written notice to the site contamination auditor of the proposed action specifying the reasons for the proposed action; and (b) allow the site contamination auditor at least 14 days within which to make submissions to the Authority in relation to the proposed action. (6) The Authority may, on application by a site contamination auditor, suspend the auditor's accreditation for a specified period of not less than 3 months and not more than 2 years or the term of the accreditation, whichever is the shorter period, if the Authority is satisfied that the auditor does not intend to undertake site contamination audits during that period. (7) A person whose accreditation is suspended is taken not to hold accreditation for the period of the suspension. (8) However— (a) the person is taken to continue to hold accreditation for the purposes of the requirements of section 103Y of the Act (relating to furnishing the Authority with an annual return and notifying the Authority of a change in the person's particulars); and (b) the date of expiry of the person's accreditation remains unchanged despite the suspension. site contamination auditor means— (a) a person who is the holder of accreditation; or (b) a person who was formerly the holder of accreditation; or (c) a person who, although not the holder of accreditation, engaged in an activity for which accreditation was required (under section 103U of the Act). 59—Surrender of accreditation A person may, with the approval of the Authority, surrender the person's accreditation. 60—Return of certificate of accreditation and identity card (1) If accreditation of a person as a site contamination auditor is surrendered, suspended or cancelled, the person must, within 14 days, return the certificate of accreditation and any identity card to the Authority. (2) If, on an application under regulation 52, a certificate of accreditation or identity card has been issued to a person but the fee payable in respect of the person's application or accreditation has not been paid (whether because of the dishonouring of a cheque or otherwise), the person must, at the direction of the Authority, return the certificate or card to the Authority. (3) The Authority may issue to the holder of accreditation, on payment by the person of the fee for replacement of the certificate of accreditation or identity card as set out in Schedule 4, a certificate of accreditation or identity card in replacement of a current certificate of accreditation or identity card if satisfied that— (a) the current certificate or card has been lost, destroyed or damaged; or (b) any particulars appearing on the current certificate or card are incorrect. (4) If the Authority issues a replacement certificate of accreditation or identity card to a person, the person must, at the direction of the Authority, return any original (or previous duplicate) certificate of accreditation or identity card in the person's possession to the Authority. 61—Reviews (section 103V(2)(i)) (1) A person may seek a review by the South Australian Civil and Administrative Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of a decision of the Authority— (a) refusing to grant an application by the person for accreditation or renewal of accreditation; or (b) determining the term of the person's accreditation; or (c) imposing or varying a condition of the person's accreditation or determining a matter in relation to such a condition; or (d) suspending or cancelling the person's accreditation or imposing a disqualification on the person. (2) Subject to this regulation, an application for review must be made within 1 month after the making of the decision. (3) The Authority must, if so required by the person, state in writing the reasons for the Authority's decision. (4) If the reasons of the Authority are not given in writing at the time of making the decision and the person to whom the decision relates (within 1 month of the making of the decision) requires the Authority to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons. 62—Register of site contamination auditors (1) The Authority must keep a register of persons accredited under this Division. (2) The register must include, in relation to each accredited person— (a) the person's full name, personal address and business address (if any); and (b) the qualifications for accreditation held by the person; and (c) details of any specialist qualifications held by the person and determined by the Authority to be appropriate for inclusion on the register; and (d) details of any condition of the person's accreditation requiring supervision of the person or restricting the scope or type of work the person may undertake as site contamination auditor; and (e) the expiry date of the person's accreditation; and (f) the person's accreditation number; and (g) details concerning any disciplinary action taken against the person by the Authority under regulation 58, and may include other information as the Authority thinks fit. (3) The Authority may remove or correct an entry in the register as required without giving notice to any person. (4) The Authority must— (a) make a record of the full name of each site contamination auditor and the information entered in the register under subregulation (2)(b), (c), (d), (e) and (f) in relation to the auditor available for inspection on application to the Authority; and (b) make a record of the full name of each site contamination auditor and the information entered in the register under subregulation (2)(e) and (f) in relation to the auditor available for inspection on a website established by the Authority. (5) An apparently genuine document purporting to be signed by the Authority stating that, at a specified date, or during a specified period— (a) a specified person was accredited under this Division unconditionally or subject to specified conditions; or (b) a specified person was not accredited under this Division, will, in any legal proceedings, constitute proof of the matters stated in the document in the absence of proof to the contrary. Subdivision 2—Requirements applying to auditors 63—Annual returns by auditors (section 103Y(2)) For the purposes of section 103Y(2) of the Act, an annual return relating to site contamination audits for which a site contamination auditor is or was the responsible auditor must be in the form set out in Schedule 3 clause 5. 64—Notifications by auditors after commencement or termination of audit (section 103Z(3)) For the purposes of section 103Z(3) of the Act— (a) a notification by a site contamination auditor after the commencement of a site contamination audit for which the auditor is or was the responsible auditor must be in the form set out in Schedule 3 clause 6; and (b) a notification by a site contamination auditor of the termination before completion of a site contamination audit for which the auditor is or was the responsible auditor must be in the form set out in Schedule 3 clause 7. 65—Site contamination audit report summary and statement (section 103Z(4)) (1) A site contamination audit report required under section 103Z(4)(a) and (b)(i) of the Act must include a summary of the findings of the site contamination audit to which it relates that— (a) is in the form set out in Schedule 3 clause 8 for site contamination audit statements; and (b) is certified by the responsible auditor in accordance with the directions contained in the form set out in Schedule 3 clause 8. (2) A site contamination audit statement required under section 103Z(4)(b)(ii) of the Act in relation to a site contamination audit must comprise— (a) a copy of the summary in the site contamination audit report relating to the audit and itself be certified by the responsible auditor in accordance with the directions contained in the form set out in Schedule 3 clause 8; or (b) a photocopy, faxed copy or electronic copy of the summary as certified by the responsible auditor in accordance with the directions contained in the form set out in Schedule 3 clause 8. 66—Site contamination audit statements to be provided to prescribed bodies (section 103Z(4)) For the purposes of section 103Z(4)(b)(ii) of the Act, if— (a) an application for development authorisation under either the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 relates to land the subject of a site contamination audit; and (b) a body other than the council for the area in which the land is situated is a relevant authority for the purposes of assessment of the proposed development under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 (as the case requires), that body is a prescribed body to which a site contamination audit statement must be provided in relation to that audit.

Part 6—Waste depot levy, records, reports and measurement of waste etc Division 1—Preliminary 67—Interpretation (1) In this Part— approved operational use—see regulation 70(1); approved operational use declaration—see regulation 70(2); Approved Operational Use Standard means the document of that name published by the Authority, as in force from time to time; licensee, in relation to a waste depot, means the holder of the licence to conduct the waste depot; mass balance report—see regulation 74(2); operational purpose, in relation to the use of waste or other matter at a waste depot, means the use of waste or other matter at the depot (whether on a temporary or permanent basis) for the purpose of— (a) aesthetic or amenity value; or (b) environmental management; or (c) vehicle access (including internal road construction and maintenance); or (d) interim cover of landfill where no additional waste or matter will be placed for at least 30 days; or (e) final capping of landfill cells; or (f) other operational needs, but does not include the stockpiling or disposal of waste or other matter, or the use of waste or other matter as cover of landfill at the depot on a daily or more frequent basis; operational use, in relation to waste or other matter, means the use of that waste or other matter for an operational purpose; Waste Reporting, Record Keeping and Measurement Standard means the document of that name published by the Authority, as in force from time to time. (2) For the purposes of this Part, the waste and matter type of waste and matter is to be determined in accordance with the Waste Reporting, Record Keeping and Measurement Standard. (3) For the purposes of this Part, the waste and matter stream of waste and matter is a reference to the waste and matter stream and waste and matter sub-stream (if applicable) that best describes the source of the waste and matter and is to be determined in accordance with theWaste Reporting, Record Keeping and Measurement Standard. 68—Sharing of information with other persons or bodies (1) The Authority may disclose information collected by, or provided to, the Authority under this Part to— (a) Green Industries SA for the purposes of assisting or supporting the proper performance of its functions under the Green Industries SA Act 2004; and (b) an agency or instrumentality of this State for the purposes of supporting and facilitating market development for waste management and resource recovery; and (c) an agency or instrumentality of the Commonwealth or another State or Territory of the Commonwealth for the purposes of— (i) national waste reporting; or (ii) supporting and facilitating market development for waste management and resource recovery. (2) For the avoidance of doubt, and without limiting the circumstances in which information received directly or indirectly pursuant to subregulation (1) may be disclosed to another person or body, a person or body who receives such information (the recipient) may disclose the information to another person or body if the disclosure is made for a purpose for which the information was received by the recipient and is required to assist the recipient in the proper performance of official functions or duties. (3) This regulation does not limit disclosure of statistical or other data that is not of a commercially sensitive nature or that could not reasonably be expected to lead to the identification of any person to whom it relates. (4) Nothing in this regulation affects the operation of the Public Sector (Data Sharing) Act 2016. 69—Approval of weighbridges (1) The Authority may, on application, or on its own initiative, approve a weighbridge by notice in writing subject to such conditions as it thinks fit. (2) The Authority may, on its own initiative at any time, or on application by the holder of the approval, vary or revoke an approval by further notice in writing (including by varying or revoking any conditions of the approval, or by imposing new conditions). (3) Without limiting the generality of subregulation (1), the conditions may specify requirements as to— (a) maintenance of the weighbridge; and (b) certification of the accuracy of the weighbridge. (4) The holder of an approval of a weighbridge must not contravene a condition of the approval. 70—Approved operational use (1) For the purposes of this Part, an approved operational use, in relation to the use of waste or other matter at a waste depot, means— (a) an operational use of a kind approved in relation to specified waste or matter under the Approved Operational Use Standard, and that is carried out in accordance with the requirements specified in that Standard; or (b) an operational use that is approved by a declaration made under subregulation (2) (as in force in respect of the depot), and that is carried out in accordance with the conditions or requirements specified in the declaration, but does not include the use of waste or other matter as cover of landfill at the depot on a daily or more frequent basis. (2) The Authority may, on application by the holder of a licence to conduct a waste depot or on its own initiative, make a declaration (an approved operational use declaration) that a use of waste or other matter at the depot is an approved operational use only if satisfied that— (a) the use of waste or other matter at the depot in the manner proposed is necessary for an operational or environmental management purpose (or purposes); and (b) the type of waste or other matter proposed to be used for the operational use is suitable for that purpose (or those purposes). (3) In determining whether to make an approved operational use declaration under this regulation, the Authority must also— (a) have regard to, and seek to further, the objects of the Act; and (b) have regard to— (i) the general environmental duty; and (ii) any relevant environment protection policy; and (iii) the waste strategy for the State adopted under the Green Industries SA Act 2004 (if relevant); and (iv) any relevant reports, assessments, environmental impact statement, public environmental report, Assessment Report, development authorisation or other document or requirement under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016; and (v) any relevant environment improvement programme or agreement. (4) A declaration under this regulation— (b) must specify— (i) the type and amount of the waste or other matter to which the declaration applies; and (ii) the purpose and location of the operational use; and (c) may be subject to the following conditions, as specified in the declaration: (i) a condition requiring the operational use to occur in a specified manner or within a specified time frame; (ii) a condition requiring that the waste or other matter to which the declaration applies meets specified chemical or physical properties or complies with specified standards or specifications; (iii) a condition requiring plans, specifications or reports in connection with the operational use to be prepared by a person with specified qualifications; (iv) a condition requiring works in connection with the operational use to be carried out by a person with specified qualifications; (v) a condition requiring records relating to the operational use to be kept in a specified manner or form or for a specified period; (vi) a condition requiring such records to be available for inspection by an authorised officer; (vii) such other conditions as the Authority thinks fit; and (d) may be varied or revoked by the Authority at any time, by notice in writing to the licence holder, if the Authority is satisfied— (i) that a condition of the declaration has been contravened; or (ii) there is potential for environmental harm (or further environmental harm) to occur if an operational use to which the declaration relates were to continue; or (iii) that the declaration was improperly obtained; or (iv) that other circumstances exist, which in the opinion of the Authority, make it necessary or appropriate to do so. 71—Authority may require further information A person who makes an application under this Division must provide the Authority with any information required by the Authority in connection with the determination of the application, verified, if the Authority so requires, by statutory declaration. Division 2—Waste depot levy 72—Waste depot levy (section 113) (1) The amount of the waste depot levy is set out in Schedule 4 Part 2. (2) Pursuant to section 113(4) of the Act, the penalty for a failure to pay the levy as required under that section is— (a) in a case where the licensee satisfies the Authority that all reasonable and practicable measures were taken to prevent the default from occurring—the higher of $200 or 2% of the amount due for each month (or part of a month) for which the default continues; or (b) in a case where the default is identified and voluntarily reported to the Authority by the licensee before the Authority has notified the licensee of the default—the higher of $200 or 2% of the amount due for each month (or part of a month) for which the default continues; or (c) in a case where both paragraphs (a) and (b) apply—the higher of $150 or 1.5% of the amount due for each month (or part of a month) for which the default continues; or (d) in any other case—the higher of $350 or 3.5% of the amount due for each month (or part of a month) for which the default continues. Division 3—Reporting, measurement and verification of waste and other matter at waste depots 73—Interpretation In this Division— prescribed waste depot means— (a) a waste depot that has, in the preceding 12 month period, received 20 000 tonnes or more of solid waste and other matter; or (b) if the holder of a licence to conduct a waste depot conducts more than 1 waste depot at the same site and the total amount of solid waste and other matter received by all the waste depots at that site in the preceding 12 month period was 20 000 tonnes or more—each waste depot conducted at the site; or (c) if the holder of a licence to conduct a waste depot conducts 1 or more waste depots at adjacent sites and the total amount of solid waste and other matter received together at the sites of the waste depot or depots (as the case requires) in the preceding 12 month period was 20 000 tonnes or more—each such waste depot or depots; or (d) if more than 1 waste depot is conducted at the same site by different licence holders who are associates of each other and the total amount of solid waste and other matter received by those waste depots at that site in the preceding 12 month period was 20 000 tonnes or more—each of those waste depots conducted at the site; or (e) if waste depots are conducted at adjacent sites by different licence holders who are associates of each other and the total amount of solid waste and other matter received at the adjacent sites of the waste depots in the preceding 12 month period was 20 000 tonnes or more—each of those waste depots; waste depot means any depot, facility or works as described in Schedule 1 Part A clause 3 of the Act. 74—Provision of monthly returns by waste depots (1) Subject to regulation 82, a person licensed to conduct a waste depot must, no later than 28 days after the last day of each month, provide the Authority with a return (in the manner and form approved by the Authority) that contains the following information: (a) in respect of solid waste disposed of at the depot (including any waste used as cover for landfill)— (i) the total mass (in tonnes) of waste disposed of during each day of the month to which the return relates; and (ii) the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates; and (iii) if the depot is situated outside of metropolitan Adelaide—the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide; and (iv) if the depot is situated within metropolitan Adelaide—the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide; and (v) if the mass of the waste disposed of is determined in accordance with regulation 75(3)(b)(i)(B), details relating to the classes and numbers of vehicles on or in which waste was carried during each day of the month and during the whole of the month to which the return relates; (b) in respect of liquid waste—the total volume (in kilolitres) of waste disposed of at the depot— (i) during each day of the month to which the return relates; and (ii) during the whole of the month to which the return relates. (2) Subject to regulations 76 and 82, if a person is licensed to conduct a waste depot that is— (a) a prescribed waste depot; or (b) a waste depot that has, in the preceding 12 month period, received 5000 tonnes or more, but less than 20 000 tonnes, of solid waste and other matter, and the Authority has directed, by notice in writing to the licence holder, that the requirements of this subregulation are to apply to and in respect of that depot; or (c) any other waste depot that receives waste or other matter of a kind determined in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard, then the person must (in addition to information required to be provided under subregulation (1)) no later than 28 days after the last day of each month, provide the Authority with a return (a mass balance report), in the manner and form approved by the Authority, that contains the information referred to in subregulation (3). (3) A mass balance report must contain the following information: (a) the total mass (in tonnes) of waste and other matter received at the depot during the month to which the report relates in respect of— (b) if the depot is situated outside of metropolitan Adelaide—the total mass (in tonnes) of waste and other matter brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide during the month to which the report relates in respect of— (c) if the depot is situated within metropolitan Adelaide—the total mass (in tonnes) of waste and other matter brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide during the month to which the report relates in respect of— (d) the total mass (in tonnes) of waste and other matter, in respect of each waste and matter type, transported from the depot during the month to which the report relates, and in relation to that waste and other matter— (i) whether it is material recovered as a result of resource recovery processes or is being transported to another waste depot for further treatment; and (ii) whether it is to be transported to a place within the State, interstate or overseas; (e) the total mass (in tonnes) of waste and other matter, in respect of each waste and matter type, used at the depot for operational purposes during the month to which the report relates; (f) the total mass (in tonnes) of waste and other matter stockpiled at the depot on the final day of the month to which the report relates; (g) information relating to the method used to measure or calculate the amount of waste and other matter for the purposes of the report; (h) in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard—details of any change in the mass of waste and other matter at the depot that occurred during the month to which the report relates (including the reasons for the change and how the amount of change was determined). 75—Measurement of waste and other matter for purposes of monthly returns (1) Subject to regulation 82, for the purposes of a return under regulation 74(1) and (2), the mass or volume of waste and other matter— (a) received at a waste depot; or (b) used at a waste depot for operational purposes; or (c) disposed of at a waste depot (including waste used as cover for landfill); or (d) transported from a waste depot, must be determined in accordance with this regulation. (2) The mass or volume of waste and other matter received, used or disposed of at, or transported from, a waste depot (as the case requires), is to be calculated as the aggregate of the mass or volume of waste and other matter comprised of— (a) waste and other matter received at the waste depot; or (b) waste and other matter used for operational purposes at the depot; or (c) waste and other matter disposed of at the depot (including waste used as cover for landfill); or (d) waste and other matter transported from the waste depot. (3) The mass of solid waste and other matter must be determined as follows: (a) in the case of a landfill depot with an approved weighbridge (installed in accordance with regulation 77)—the mass of the waste and other matter received at the depot must, on its receipt and prior to its disposal (including waste used as cover for landfill), be determined by use of the approved weighbridge unless the Authority has, in accordance with the Waste Reporting, Record Keeping and Measurement Standard, determined otherwise; (b) if paragraph (a) does not apply— (i) in the case of waste and other matter specified in the Waste Reporting, Record Keeping and Measurement Standard—the mass— (A) may be determined by use of an approved weighbridge; or (B) if not so determined—will be taken to be the average net mass of waste and other matter, as determined for a relevant class of vehicle or if relevant, the type of waste or other matter, in accordance with the Waste Reporting, Record Keeping and Measurement Standard; and (ii) in any other case—the mass must, subject to regulation 78, be determined by use of an approved weighbridge. (4) If a weighbridge is used under this regulation to measure waste and other matter, it is to be measured— (a) in the case of waste weighed on a weighbridge installed before 1 September 2009—to the highest level of weighing accuracy for the particular design of weighbridge; or (b) in any other case—to the nearest 0.02 tonnes or kilolitres. (5) The volume of liquid waste disposed of at a waste depot— (a) may be determined by use of a dipstick pre‑calibrated for the liquid waste container used to hold the liquid waste to be disposed of; or (b) may be measured by means of a volume measuring device, which has been approved in writing by the Authority, installed at the depot; or (c) may be calculated— (i) by measuring the net mass of the liquid waste by use of an approved weighbridge; and (ii) by dividing that measurement by the predetermined mass per kilolitre of the particular liquid waste; or (d) may be taken to be that certified, in a cartnote signed by both the producer and transporter of the waste, to be the volume of liquid waste to be delivered to the depot; or (e) if a liquid waste container used to hold the liquid waste to be disposed of is full— (i) may be calculated from the dimensions of the container; or (ii) in the case of a container the capacity of which has been predetermined by a volume calibration method (approved in writing by the Authority) and marked on the container—may be taken to be that capacity. 76—Exemption from requirements relating to mass balance report (1) The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of, or relating to, a mass balance report under regulation 74. (b) the nature of the business or operation conducted at the waste depot by the licence holder; and (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions). 77—Certain depots must have approved weighbridge (1) Subject to this regulation and regulation 78, if a waste depot has, in a financial year— (a) received at the depot 20 000 tonnes or more of solid waste and other matter; or (b) disposed of at the depot 10 000 tonnes or more of solid waste (including waste used as cover for landfill), the holder of the waste depot licence must ensure that an approved weighbridge is installed at the depot no later than 4 months after the end of that financial year, for weighing solid waste and other matter received, used or disposed of at, or transported from, the depot. (2) The Authority may, on application by the holder of a waste depot licence within the relevant 4 month period referred to in subregulation (1), extend the period within which an approved weighbridge must be installed at the depot by a further period of 2 months. (3) Despite subregulation (1), the holder of a waste depot licence is not required to comply with the requirement to have a weighbridge installed at the depot if— (a) — (i) a weighbridge located at a place other than the depot was used by the licence holder before 1 October 2000 for the purpose of weighing waste received for disposal at the depot; and (ii) the licence holder currently owns and operates the weighbridge for that purpose; or (b) the depot conducted by the licence holder is not a landfill depot and— (i) a weighbridge located at a place other than that depot was used by the licence holder before 1 July 2021 for the purpose of weighing waste received for resource recovery at the depot; and (ii) the licence holder currently owns and operates the weighbridge for that purpose. 78—Exemptions from approved weighbridge requirements (1) The Authority may, on application by the holder of a waste depot licence, exempt the holder from compliance with the requirement in regulation 75(3)(b)(ii) that the mass of solid waste and other matter is to be determined by use of an approved weighbridge if satisfied— (a) that— (i) the depot will receive less than 10 000 tonnes of solid waste and other matter for disposal at the depot in each financial year; and (ii) the depot uses adequate alternative methods of measuring the mass of solid waste and other matter; or (b) that— (i) the depot satisfies circumstances or requirements specified in, or determined in accordance with, the Waste Reporting, Record Keeping and Measurement Standard; and (ii) the depot uses an alternative method of measuring the mass of solid waste and other matter in accordance with the requirements of the Waste Reporting, Record Keeping and Measurement Standard. (2) The Authority may, on application by the holder of a waste depot licence, exempt the holder from compliance with the requirement in regulation 77(1) that an approved weighbridge is to be installed at the depot if satisfied that— (a) the depot will cease operating within 12 months; or (b) suitable arrangements are in place for the waste to be weighed at an approved weighbridge located at a place other than the depot. (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or imposing new conditions). 79—Results of baseline survey or stocktake by holder of waste depot licence must be kept and made available (1) The holder of a waste depot licence who was required to provide to the Authority a survey of the depot or a stocktake of waste and other matter at the depot in accordance with regulation 74(1) of the revoked regulations must— (a) ensure that the results of the survey or stocktake are kept for at least 5 years after the survey or stocktake was carried out; and revoked regulations means the Environment Protection Regulations 2009 as in force immediately before the commencement of these regulations. 80—Verification of returns by survey (1) The holder of a waste depot licence must— (a) in the case of a landfill depot that has, during a preceding financial year, disposed of at the depot 10 000 tonnes or more of solid waste (including any waste used as cover for landfill); or (b) in any other case, if requested in writing by the Authority during a financial year, provide the Authority with a survey (as determined, subject to this regulation, in accordance with the Waste Reporting, Record Keeping and Measurement Standard) within the prescribed period for the licence that falls in the next financial year. (2) A survey under this regulation must— (a) include a topographic and volumetric survey of the whole depot site; and (b) in relation to the month in which the survey is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the survey is conducted; and (c) include information on the change in the total volume of waste and other matter that has occurred at the depot since the preceding survey; and (d) subject to this subregulation, be undertaken in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard (which may, for example, require or specify the type of survey and the related elements, such as details regarding material type, to be included); and (e) be prepared by a licensed or registered surveyor under the Survey Act 1992 or a person, or person of a class, specified in the Waste Reporting, Record Keeping and Measurement Standard. (3) The holder of a waste depot licence must— (a) ensure that the results of a survey under this regulation are kept for at least 5 years after the survey was carried out; and (4) The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation. (5) An exemption issued by the Authority under this regulation— (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions). (6) In this regulation— prescribed period, in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence. 81—Verification of returns by stocktake (1) The holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2) must, if the licence holder is not required to undertake a survey under regulation 80 in a given financial year, cause a stocktake of waste and other matter at the depot to be carried out and the results provided to the Authority within the prescribed period for the licence that falls in the next financial year. (2) The Authority may, at any time in a financial year, by notice in writing to the holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2), require that the licence holder cause a stocktake of waste and other matter at the depot to be carried out, and the results provided to the Authority, at such intervals (which may not be less than on a monthly basis), or within the period or periods, specified by the notice. (3) To avoid doubt, a stocktake (or stocktakes) carried out in accordance with subregulation (2) may be in addition to a stocktake required under subregulation (1) and may, if so specified in the notice, be required on an ongoing basis. (4) The holder of a waste depot licence must comply with a notice under subregulation (2). (5) A stocktake under this regulation must— (a) in relation to the month in which the stocktake is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the stocktake is conducted; and (b) subject to this regulation, in the case of a stocktake under subregulation (1)—be carried out in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard; and (c) subject to this regulation, in the case of a stocktake under subregulation (2)—be carried out in accordance with any other requirements of, and contain any other information specified in, the notice (and if the notice so specifies, in accordance with the Waste Reporting, Record Keeping and Measurement Standard); and (d) be carried out by a person who holds the qualifications, or otherwise meets the requirements, specified in the Waste Reporting, Record Keeping and Measurement Standard. (6) The holder of a waste depot licence must— (a) ensure that the results of a stocktake under this regulation are kept for at least 5 years after the stocktake was carried out; and (7) The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation. (8) An exemption issued by the Authority under this regulation— (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions). prescribed period, in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence. 82—Special provision for certain councils for waste fees (1) This regulation only applies to a council if— (a) the whole of the council area is outside of metropolitan Adelaide; and (b) all of the waste disposed of at depots operated by the council has been brought to the depots from premises situated outside of metropolitan Adelaide; and (c) each depot operated by the council disposes of less than 10 000 tonnes of solid waste at the depot in any financial year. (2) For the purpose of determining the levy payable by a council under section 113 of the Act in respect of solid waste received at all depots operated by the council, the council may elect, by written notice to the Authority— (a) not to comply with regulations 74 and 75 in respect of solid waste disposed of at those depots; and (b) to take the mass of solid waste received during each month at those depots to be the mass determined in accordance with the following formula:

M is the mass of solid waste in tonnes P is the population of the area of the council as at the previous 30 June as given by the Australian Bureau of Statistics in its publication "Regional Population Growth, Australia" (Catalogue No. 3218.0). (3) If a council makes an election under this regulation, regulations 74 and 75 do not apply in respect of solid waste and other matter received, used or disposed of at, or transported from, any depot operated by that council. (4) If a council satisfies the Authority that recycling is operating in a council area so that waste disposed of to landfill is reduced by a certain proportion, the levy payable by the council is reduced by subtracting that proportion from the levy that would otherwise be payable by the council as determined in accordance with this regulation. 83—Presumptions and estimates if records are inadequate (1) If the Authority is of the opinion that records that relate to waste or other matter received or present at a waste depot during any period (being records required for determining the waste depot levy payable under this Part) are inadequate, and as a result, the Authority is of the opinion it is necessary in order to determine the levy payable, the Authority is entitled to make presumptions and estimates in relation to the waste or matter in accordance with this regulation. (2) For the purposes of subregulation (1), without limiting the circumstances in which records will be taken to be inadequate, records relating to a period will be taken to be inadequate if— (a) there are no records relating to waste or other matter received or present at the depot during the period; or (b) the records relating to waste or other matter received or present at the depot during the period are incomplete, inaccurate or inconsistent with other records (whether kept by the licensee, the occupier of the waste depot or another person or body); or (c) the information contained in the records relating to waste or other matter received or present at the depot during the period has not been obtained by methods that, in the opinion of the Authority, are appropriate. (3) The Authority is entitled to presume 1 or more of the following in relation to any waste or other matter at the waste depot (subject to the licensee establishing the contrary): (a) that the waste or matter is waste or matter that has been received at the depot; (b) that the waste or matter is waste or matter that has been disposed of to landfill at the depot; (c) that the waste or matter has been used at the depot for an operational use other than an approved operational use; (d) that unauthorised stockpiling of the waste or matter has occurred at the depot; (e) that the waste or matter was stockpiled in an area of the depot, or in any manner, in contravention of the relevant licence; (f) that any matters referred to in a preceding paragraph commenced or occurred on the date on which the Authority first became aware that the relevant records were inadequate; (g) that the waste or matter at the waste depot is waste or matter of a specified kind; (h) that the waste or matter has been— (i) generated within metropolitan Adelaide; or (ii) generated from waste or other matter generated in metropolitan Adelaide. (4) In estimating the tonnage of waste or other matter received at the waste depot during the period, the Authority must have regard to the following: (a) details of any volumetric survey of the depot; (b) details of any stockpile volume assessment at the depot (made using assessment or modelling methodologies approved by the Authority); (c) available records in respect of the depot; (d) any information provided by an authorised officer who has seen or inspected the depot; (e) any information available to the Authority, including images and data from cameras and GPS devices and information from persons not involved with the operation of the depot; (f) any other details provided to the Authority in relation to the depot under regulation 84. 84—Authority may require reports of volumetric surveys or tests or monitoring (1) If the Authority has formed an opinion under regulation 83 that records that relate to waste or other matter received or present at a waste depot during any period are inadequate, the Authority may, by notice in writing, for the purposes of determining the amount of the waste depot levy payable by the licensee of the depot, require the licensee to provide the Authority with 1 or more of the following (as specified in the notice), within a reasonable period of time specified in the notice: (a) details of a volumetric survey (that complies with the requirements of this regulation) of— (i) landfill at the depot; or (ii) any other waste or matter that has been abandoned, stockpiled or used at the depot, prepared by a licensed or registered surveyor under the Survey Act 1992 or a person, or person of a class, approved by the Authority; (b) reports of specified tests or monitoring of— (i) landfill at the depot; or (ii) any other waste or matter that has been abandoned, stockpiled or used at the depot, including, if the Authority considers it necessary, reports prepared, or tests or monitoring undertaken, by a person with specified qualifications; (c) any other information required by the Authority in connection with the determination of the amount of the waste depot levy, verified, if the Authority so requires, by statutory declaration. (2) A volumetric survey provided to the Authority under subregulation (1) must be in accordance with any other requirements specified by the Authority in the notice. (3) It is an offence for a licensee to contravene or fail to comply with the requirements of a notice given by the Authority to the licensee. Division 4—Record keeping 85—Records on measurement of waste by method other than weighbridge For the purposes of this Division, a person licensed to conduct a waste depot who is not required to have installed an approved weighbridge under Division 3, or uses a method other than an approved weighbridge to measure and record the amount of waste and other matter received, used or disposed of at, or transported from, the depot in accordance with that Division, must record any information in relation to the method used by the licence holder in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard. 86—Records on measurement of waste by use of approved weighbridge (1) A person licensed to conduct a waste disposal depot who is required to have installed or use an approved weighbridge under Division 3 must record the following information in relation to the waste and other matter measured by the weighbridge for the purposes of that Division: (a) the date and time the load is measured; (b) the registration number of the vehicle on or in which the load is carried; (c) the business name of the person carrying the waste (if relevant); (d) the weight of the waste and other matter (in tonnes); (e) the waste levy rate applied in respect of the waste and other matter in accordance with the waste or matter type and the source of the waste or other matter (for example, whether from within or outside of metropolitan Adelaide); (f) the name of the operator of the weighbridge. waste disposal depot means a depot referred to in Schedule 1 Part A clause 3(3) of the Act. 87—Records of waste and other matter received at waste depot A person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following information in relation to each delivery of waste and other matter received at the depot: (a) the amount of any waste and other matter delivered, its waste and matter stream and, to the extent that it is reasonably practicable, its waste and matter type; (b) whether the source of the waste and other matter is from premises situated outside metropolitan Adelaide or premises situated in metropolitan Adelaide; (c) the amount of any waste and other matter delivered arising from a biological outbreak or natural or other disaster determined by the Authority; (d) the date and time the delivery of waste and other matter is made; (e) in the case of waste transported to the waste depot from another waste depot—the name and address of the other depot; (f) any other information required under the Waste Reporting, Record Keeping and Measurement Standard. 88—Records of waste and other matter transported from waste depot for use, recovery, recycling, processing or disposal A person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following information in relation to each load of waste and other matter transported from the depot for use, recovery, recycling, processing or disposal at another place: (a) the amount of any waste contained in the load and its waste type; (b) the amount of any other matter contained in the load and a description of the nature of that other matter; (c) the amount of any waste and other matter in the load that arose from a biological outbreak or natural or other disaster determined by the Authority; (d) the date and time the load is transported from the depot; (e) if the waste and other matter must, under the Act or any other Act or law, be transported to a particular place— (i) whether it is material recovered as a result of resource recovery processes or is being transported to another waste depot for further treatment; and (ii) the name and address or location of the place to which the load is being transported; (f) any other information required under the Waste Reporting, Record Keeping and Measurement Standard. 89—Records in relation to vehicles (1) A person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following particulars in relation to vehicles that enter the depot for a purpose directly related to the operation of the depot (whether or not the vehicle is being, or is intended to be, used to deliver or transport waste or other matter): (a) the date on which the vehicle enters and leaves the depot; (b) the time at which the vehicle enters and leaves the depot; (c) in the case of a vehicle used by the holder of a licence to conduct a waste transport business—the registration number of the vehicle; (d) the weight of the vehicle on entering and on leaving the depot; (e) any other information required under the Waste Reporting, Record Keeping and Measurement Standard. (2) Subregulation (1) does not apply to— (a) a vehicle used by an authorised officer in the course of the officer's duties; or (b) a vehicle, or vehicle of a class declared by the Authority or specified in the Waste Reporting, Record Keeping and Measurement Standard for the purposes of this subregulation. 90—Records of waste and other matter used for operational purposes A person licensed to conduct a waste depot who is required to provide a mass balance report under regulation 74(2) must record the following information in relation to any waste and other matter used for operational purposes: (a) the amount of the waste and other matter and its waste and matter type; (b) the location within the depot at which, and the purpose for which, the waste or other matter is used; (c) the date the waste or other matter is used; (d) the particulars of any approval of the Authority in relation to the use of the waste or other matter for operational purposes; (e) any other information required under the Waste Reporting, Record Keeping and Measurement Standard. 91—Additional requirements in relation to making, retention and availability of records A person licensed to conduct a waste depot who is required to record information under this Division must— (a) record and keep the information in the manner and form required under the Waste Reporting, Record Keeping and Measurement Standard or as approved by the Authority by notice in writing; and (b) ensure that each record is kept for at least 5 years after the record was made; and (c) make any of the records available for inspection and copying by an authorised officer on request. 92—Exemption from record keeping requirements (1) The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the record keeping requirements under this Division. (b) the nature of the business or operation conducted at the depot by the licence holder; and (c) may be varied or revoked by the Authority at any time by further notice in writing (including by varying or revoking any conditions of the exemption, or by imposing new conditions).