Part 2General provisions supporting Act

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.