Environment Protection Regulations 2023
Part 1Preliminary
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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):