Div 1General provisions supporting Part 6 of Act

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.