Part 8Miscellaneous

Part 8—Miscellaneous 104—Payment of fees by instalments and recovery of fees (1) The Authority may, in allowing the payment of a fee under the Act or these regulations by instalments, add to each amount payable as an instalment a charge by way of interest, or an administrative fee, as determined by the Authority with the approval of the Minister. (2) The Authority may recover any instalment of a fee or other amount payable by a person under the Act or these regulations— (a) as a debt by action in a court of competent jurisdiction; or (b) by adding the amount so payable to a fee otherwise payable under the Act or these regulations by that person. (3) If the Authority allows a fee to be paid by instalments, the fee is the amount that would be payable under the Act or these regulations apart from this regulation plus, for each instalment that is not paid by the date for payment $300 or 5% of the instalment (whichever is higher) for each month (or part of a month) for which the default continues. 105—Authority may require copy of decision on development applications If an application for development authorisation is referred to the Authority under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, the relevant authority that determines the application under the relevant Act must, if required by the Authority by notice in writing, furnish the Authority with a full copy of the relevant authority's decision on the application as soon as practicable (but not later than 1 month) after the decision is made. 106—Exemption from requirement for licence for transportation of controlled waste (1) A person will be exempt from the requirement under section 36 of the Act to hold a licence in respect of the transportation of controlled waste into or through South Australia from another participating State, or from South Australia to another participating State if— (a) the person holds a licence or other similar authority that— (i) has been granted by a participating State other than South Australia; and (ii) is the same as or has a similar effect to an environmental authorisation that authorises the activities specified in clause 3(5) or clause 3(6) (or both) of Schedule 1 Part A of the Act; and (b) the person ensures that a copy of the consignment authorisation obtained in relation to the controlled waste being transported is carried in the vehicle transporting the waste; and (c) the person ensures that the conditions to which the consignment authorisation is subject (if any) are complied with to the extent that those conditions apply to the transportation of the controlled waste; and (d) the person complies with the conditions of the person's licence or other authority granted by the participating State, to the extent that those conditions apply to the transportation of the controlled waste. Commonwealth Act means the National Environment Protection Council Act 1994 of the Commonwealth, as in force from time to time; consignment authorisation has the same meaning as in the Controlled Waste Transport Measure; controlled waste has the same meaning as in the Controlled Waste Transport Measure; Controlled Waste Transport Measure means the National Environment Protection (Movement of Controlled Waste Between States and Territories) Measure made on 26 June 1998 and as in force from time to time under the Commonwealth Act; participating State means a participating State, or a participating Territory, within the meaning of the Controlled Waste Transport Measure. 107—Exemption from Act—Maralinga nuclear test site (1) The following classes of persons are exempt from the application of the Act in respect of site contamination or any other matter caused by, or related to, the British Nuclear Test Program and minor trials conducted at the Maralinga nuclear test site: (a) the Crown in right of the State; (b) so far as the Act binds the Crown in its other capacities—the Crown in those other capacities; (c) Maralinga Tjarutja. (2) An activity undertaken in accordance with the Maralinga nuclear test site handback deed, or the management plan for the Maralinga nuclear test site, is exempt from the application of the Act. British Nuclear Test Program, minor trials, Maralinga nuclear test site, Maralinga nuclear test site handback deed and Maralinga Tjarutja have the same meaning as in the Maralinga Tjarutja Land Rights Act 1984; management plan, for the Maralinga nuclear test site, has the same meaning as in Part 3 Division 1B of the Maralinga Tjarutja Land Rights Act 1984. 108—Cultana Training Area (1) An activity undertaken within the Cultana Training Area by or on behalf of, or with the authority or permission of, the Commonwealth Department of Defence or an arm of the Australian Defence Force is exempt from the application of the Act. Cultana Training Area means the land comprised by the following: (a) the Allotment comprising Pieces 81, 82 and 83 in Deposited Plan 85852 Out of Hundreds (Port Augusta); (b) Allotment 6 in Deposited Plan 88907 Hundred of Handyside County of Manchester and Out of Hundreds (Port Augusta); (c) Sections 4, 13, 14 and 15, Hundred of Jenkins County of Manchester; (d) Allotment 7 in Deposited Plan 29397 Out of Hundreds (Port Augusta); (e) the Allotment comprising the Pieces 8, 9, 10 and 11 in Deposited Plan 29397 Out of Hundreds (Port Augusta); (f) Allotment 68 in Deposited Plan 85851 Hundred of Cultana County of York; (g) Allotment 72 in Deposited Plan 85851 Hundred of Cultana County of York; (h) the Allotment comprising Pieces 30, 31 and 32 in Deposited Plan 85850 Out of Hundreds (Whyalla), Out of Hundreds (Port Augusta) and Hundred of Cultana County of York; (i) Allotment 67 in Deposited Plan 93251, Hundred of Cultana County of York and Out of Hundreds (Port Augusta). 109—SA Motorsport Park (1) The conduct of— (a) a motor sport activity on a motor racing circuit; or (b) a motor sport event on a motor racing circuit, or a recreational, artistic, cultural or other similar activity, including a street party, associated with the motor sport event, within the SA Motorsport Park is exempt from the application of the general environmental duty under section 25 of the Act in relation to noise and Part 4 of the Environment Protection (Commercial and Industrial Noise) Policy 2023 if the activity or event (as the case requires) is conducted in accordance with any guidelines in relation to noise approved by the Authority. SA Motorsport Park means the land within the shaded area in the map set out in Schedule 5 and described as the "SA Motorsport Park Development Site". 110—Transitional provisions relating to bodies corporate under repealed Acts (1) In this regulation— former body corporate means— (a) the Environmental Protection Council established under the Environmental Protection Council Act 1972; and (b) the South Australian Waste Management Commission continued in existence under the Waste Management Act 1987. (2) Pursuant to section 140(5) of the Act, the following provisions apply in relation to a former body corporate: (a) a reference to a former body corporate in an instrument or in a judgment, order or process of a court will be taken to be a reference to the Authority; (b) legal proceedings commenced by or against a former body corporate may be continued by or against the Authority; (c) the Registrar‑General will, on application by the Authority and on being furnished with such duplicate certificates of title or other documents as the Registrar‑General may require, register the Authority as the proprietor of an interest in land vested in the Authority by this regulation.