Environment Protection Act 1993 (SA)

South Australia

Environment Protection Act 1993

An Act to provide for the protection of the environment; to establish the Environment Protection Authority and define its functions and powers; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Environment Protection Act 1993.

3Interpretation

1. (1)

   In this Act, unless the contrary intention appears—

activity includes the storage or possession of a pollutant;

administering agency—see Division 1A of Part 3;

air includes any layer of the atmosphere;

amenity value of an area includes any quality or condition of the area that conduces to its enjoyment;

appointed member, in relation to the Board, means a member appointed by the Governor;

appropriate person, in relation to the issuing of a site contamination assessment order or site remediation order, means the person who is the appropriate person under Part 10A to be issued with the order;

approved recovered resource—see section 4A;

associate—see subsection (2);

authorised officer means a person appointed to be an authorised officer under Division 1 of Part 10;

the Authority means the Environment Protection Authority established under Division 1 of Part 3;

background concentrations, in relation to chemical substances on a site or below its surface, means results obtained from carrying out assessments of the presence of the substances in the vicinity of the site in accordance with guidelines from time to time issued by the Authority;

beverage container approval means an approval for the purposes of Division 2 of Part 8;

Board means the Board of the Environment Protection Authority established as the governing body of the Authority under Division 1 of Part 3;

business includes a business not carried on for profit or gain and any activity undertaken by government or a public authority;

cause site contamination—see section 103D;

chemical substance means any organic or inorganic substance, whether a solid, liquid or gas (or combination thereof), and includes waste;

Chief Executive of the Authority means a person who is, for the time being, taken to be the Chief Executive of the Authority in accordance with section 14A;

clean-up authorisation means a clean-up authorisation issued under Division 4 of Part 10;

clean-up order means a clean-up order issued under Division 4 of Part 10;

climate change adaptation means any process of adjusting to the actual or expected effects of climate change;

climate change mitigation means measures or activities that relate to reducing the rate of climate change including (without limitation) by limiting, reducing or preventing greenhouse gas emissions;

coastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

condition includes a limitation;

contravene includes fail to comply with;

council means a council within the meaning of the Local Government Act 1999;

director of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;

disposal, of waste or other matter—see subsection (4);

document means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);

domestic activity means an activity other than an activity undertaken in the course of a business;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

environment means land, air, water, organisms and ecosystems, and includes—

1. (a)

   human-made or modified structures or areas; and

2. (b)

   the amenity values of an area;

environmental authorisation means a works approval, licence or exemption;

environmental harm—see section 5;

environmental nuisance means—

1. (a)

   any adverse effect on an amenity value of an area that—

   1. (i)

      is caused by pollution; and

   2. (ii)

      unreasonably interferes with or is likely to interfere unreasonably with the enjoyment of the area by persons occupying a place within, or lawfully resorting to, the area; or

2. (b)

   any unsightly or offensive condition caused by pollution;

environment performance agreement means an environment performance agreement entered into under Part 7;

environment protection order means an environment protection order issued under Division 2 of Part 10;

environment protection policy means an environment protection policy made under Part 5;

the Environment, Resources and Development Court means the Court of that name established under the Environment, Resources and Development Court Act 1993;

exemption means an exemption under Part 6 from the application of a specified provision of this Act;

the general environmental duty means the duty under Part 4;

greenhouse gas emissions has the same meaning as in the Climate Change and Greenhouse Emissions Reduction Act 2007;

holding company has the same meaning as in the Corporations Act 2001 of the Commonwealth;

information discovery order means an information discovery order issued under Division 3 of Part 10;

injury includes illness;

land means, according to context—

1. (a)

   land as a physical entity, including land covered with water; or

2. (b)

   any legal estate or interest in, or right in respect of, land;

liability for site contamination means—

1. (a)

   liability to be issued with an order under Part 10A in respect of the site contamination; or

2. (b)

   liability to pay an amount ordered by the Court under Part 11 in respect of the site contamination;

licence means a licence under Part 6 to undertake a prescribed activity of environmental significance;

mandatory provisions of an environment protection policy—see Part 5;

marine waters means the coastal waters of the State or any part of the sea that is within the limits of the State, and includes any estuary or tidal waters;

material environmental harm —see section 5;

national environment protection measure means a national environment protection measure made under the prescribed national scheme laws;

noise includes vibration;

occupier, in relation to a place, includes a person with a right to occupy the place or a licensee or any holder of a right to use or carry on operations at the place, but does not include a mortgagee in possession unless the mortgagee assumes active management of the place;

officer, in relation to a body corporate, means—

1. (a)

   a director of the body corporate; or

2. (b)

   the chief executive officer of the body corporate; or

3. (c)

   a receiver or manager of any property of the body corporate or a liquidator of the body corporate,

and includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with management responsibilities in respect of the matters to which the contravention or alleged contravention related;

owner of land means—

1. (a)

   if the land is unalienated from the Crown—the Crown; or

2. (b)

   if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or

3. (c)

   if the land is held from the Crown by lease or licence—the lessee or licensee; or

4. (d)

   if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;

place includes any land, water, premises or structure;

pollutant means—

1. (a)

   any solid, liquid or gas (or combination thereof) including waste, smoke, dust, fumes and odour; or

2. (b)

   noise; or

3. (c)

   heat; or

4. (d)

   anything declared by regulation to be a pollutant for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); or

5. (e)

   anything declared by an environment protection policy to be a pollutant for the purposes of this Act,

but does not include anything declared by regulation or by an environment protection policy not to be a pollutant for the purposes of this Act;

pollute means—

1. (a)

   discharge, emit, deposit, dispose of or disturb pollutants; or

2. (b)

   cause or fail to prevent the discharge, emission, depositing, disposal, disturbance or escape of pollutants,

and pollution has a corresponding meaning;

pre-school means a place primarily used for the care or instruction of children of less than primary school age not resident at the site, and includes a nursery, kindergarten or child-care centre;

prescribed activity of environmental significance means an activity specified in Schedule 1 as amended from time to time by regulation;

the prescribed national scheme laws means—

1. (a)

   the prescribed law of the Commonwealth; and

2. (b)

   the prescribed law of this State; and

3. (c)

   the laws of other States or Territories of the Commonwealth corresponding to the prescribed law of this State,

under which national environment protection measures may be made;

prescribed person means—

1. (a)

   a natural person; or

2. (b)

   a body corporate that is not the holder of an environmental authorisation under this Act; or

3. (c)

   if the regulations specify a scheme under which the holder of an environmental authorisation may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance—a body corporate that is an accredited licensee under such a scheme;

public authority includes a Minister, statutory authority or council;

related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;

remediate a site means treat, contain, remove or manage chemical substances on or below the surface of the site so as to—

1. (a)

   eliminate or prevent actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; and

2. (b)

   eliminate or prevent, as far as reasonably practicable—

   1. (i)

      actual or potential harm to water that is not trivial; and

   2. (ii)

      any other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses,

and remediation has a corresponding meaning;

repealed environment law means an Act or provision repealed by this Act;

resource recovery, in relation to waste or other matter, means—

1. (a)

   reusing the waste or matter; or

2. (b)

   recycling the waste or matter; or

3. (c)

   recovering energy or other resources from the waste or matter;

sell includes—

1. (a)

   supply on a gratuitous basis for commercial promotional purposes; and

2. (b)

   offer or display for sale or such supply;

sensitive use means—

1. (a)

   use for residential purposes; or

2. (b)

   use for a pre-school; or

3. (c)

   use for a primary school; or

4. (d)

   use of a kind prescribed by regulation;

serious environmental harm—see section 5;

site means an area of land (whether or not in the same ownership or occupation);

site contamination—see section 5B;

site contamination assessment order means a site contamination assessment order under Part 10A;

site contamination audit means a review carried out by a person that—

1. (a)

   examines assessments or remediation carried out by another person in respect of known or suspected site contamination on or below the surface of a site; and

2. (b)

   is for the purpose of determining any 1 or more of the following matters:

   1. (i)

      the nature and extent of any site contamination present or remaining on or below the surface of the site;

   2. (ii)

      the suitability of the site for a sensitive use or another use or range of uses;

   3. (iii)

      what remediation is or remains necessary for a specified use or range of uses;

site contamination auditor means a person accredited under Division 4 of Part 10A as a site contamination auditor;

site contamination audit report, in relation to a site contamination audit, means a detailed written report that—

1. (a)

   sets out the findings of the audit and complies with the guidelines from time to time issued by the Authority; and

2. (b)

   includes a summary of the findings of the audit certified, in the prescribed form, by the site contamination auditor who personally carried out or directly supervised the audit;

site contamination audit statement, in relation to a site contamination audit, means a copy (that must comply with the regulations) of the summary of the findings of the audit certified, in the prescribed form, by the site contamination auditor who personally carried out or directly supervised the audit;

site contamination consultant means a person other than a site contamination auditor who, for fee or reward, assesses the existence or nature or extent of site contamination;

site remediation order means a site remediation order under Part 10A;

spouse—a person is the spouse of another if they are legally married;

treatment, of waste or other matter—see subsection (4);

unauthorised stockpiling, of waste or other matter—see subsection (5);

undertake an activity includes commence or proceed with an activity or cause, suffer or permit an activity to be commenced or to proceed;

vehicle includes—

1. (a)

   any vessel or aircraft; and

2. (b)

   a vehicle within the meaning of the Road Traffic Act 1961;

vessel includes a vessel within the meaning of the Harbors and Navigation Act 1993;

waste—see section 4;

waste management hierarchy—see section 4B;

waste transport business means a waste transport business (category A) or a waste transport business (category B), each within the meaning of Schedule 1 Part A clause 3;

water means—

1. (a)

   water occurring naturally above or under the ground; or

2. (b)

   water introduced to an aquifer or other area under the ground; or

3. (c)

   an artificially created body of water or stream that is for public use or enjoyment;

water protection area—see section 61;

works approval means a works approval under Part 6 to carry out works in respect of a building, structure, plant or equipment for use for a prescribed activity of environmental significance.

1. (2)

   For the purposes of this Act, a person is an associate of another if—

   1. (a)

      they are partners; or

   2. (b)

      one is a spouse, domestic partner, parent or child of another; or

   3. (c)

      they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

   4. (d)

      one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

   5. (e)

      one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in five per cent or more of the share capital of the body corporate or other entity; or

   6. (f)

      they are related bodies corporate; or

   7. (g)

      a relationship of a prescribed kind exists between them; or

   8. (h)

      a chain of relationships can be traced between them under any one or more of the above paragraphs.

2. (3)

   For the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.

3. (4)

   For the purposes of this Act, unless the contrary intention appears—

   1. (a)

      a reference to the disposal of waste or other matter includes a reference to stockpiling or abandoning the waste or matter; and

   2. (b)

      a reference to the treatment of waste or other matter includes a reference to the treatment of waste or other matter for resource recovery; and

   3. (c)

      a reference to the treatment of waste or other matter for resource recovery is a reference to the treatment of the waste or matter in some way—

      1. (i)

         to recover material from the waste or matter that may be reused or recycled; or

      2. (ii)

         to recover energy or other resources from the waste or matter; or

      3. (iii)

         to prepare the waste for further treatment to recover material from the waste or matter that may be reused or recycled or to recover energy or other resources from the waste or matter,

   and includes, but is not limited to, sorting, shredding, crushing, compacting or packaging the waste or matter; and

   1. (d)

      a reference to waste or matter of a particular kind includes a reference to material that contains waste or matter of that kind to a significant extent.

4. (5)

   For the purposes of this Act, unauthorised stockpiling of waste or other matter will be taken to have occurred if a maximum allowable stockpile limit imposed by or under this Act in relation to the waste or other matter has been exceeded.

4Waste

1. (1)

   For the purposes of this Act, waste means—

   1. (a)

      any discarded, dumped, rejected, abandoned, unwanted or surplus matter, whether or not intended for sale or for purification or resource recovery by a separate operation from that which produced the matter; or

   2. (b)

      any matter declared by regulation to be waste for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); or

   3. (c)

      any matter declared by an environment protection policy to be waste for the purposes of this Act,

whether or not of value.

1. (2)

   However, waste does not include—

   1. (a)

      an approved recovered resource whilst it is being dealt with in accordance with the declaration of that resource—see section 4A; or

   2. (b)

      anything declared by regulation or an environment protection policy not to be waste for the purposes of this Act,

even though the resource or the thing so declared might otherwise, but for the declaration, fall within the definition of waste in subsection (1).

4AApproved recovered resources

1. (1)

   The Authority may, by notice in the Gazette, declare that specified matter constitutes an approved recovered resource for the purposes of this Act and therefore does not, while it is being dealt with in accordance with the declaration, constitute waste for the purposes of this Act.

2. (2)

   Regulations may be made in relation to declarations under this section and may, without limiting the generality of subsection (1), provide for—

   1. (a)

      the manner and form of applications for declarations; and

   2. (b)

      application fees relating to declarations; and

   3. (c)

      the criteria against which applications will be determined; and

   4. (d)

      the provision of further information by applicants; and

   5. (e)

      the imposition of conditions of declarations; and

   6. (f)

      the term and renewal of declarations; and

   7. (g)

      the grounds for refusing applications; and

   8. (h)

      the variation or revocation of declarations by further notice in the Gazette; and

   9. (i)

      the circumstances in which declarations may be varied or revoked.

4BWaste management hierarchy

In this Act, a reference to the waste management hierarchy is a reference to an order of priority for the management of waste in which—

1. (a)

   avoidance of the production of waste; and

2. (b)

   minimisation of the production of waste; and

3. (c)

   reuse of waste; and

4. (d)

   recycling of waste; and

5. (e)

   recovery of energy and other resources from waste; and

6. (f)

   treatment of waste to reduce potentially degrading impacts; and

7. (g)

   disposal of waste in an environmentally sound manner,

are pursued in order with, first, avoidance of the production of waste, and second, to the extent that avoidance is not reasonably practicable, minimisation of the production of waste, and third, to the extent that minimisation is not reasonably practicable, reuse of waste, and so on.

5Environmental harm

1. (1)

   For the purposes of this Act, environmental harm is any harm, or potential harm, to the environment (of whatever degree or duration) and includes—

   1. (a)

      an environmental nuisance; and

   2. (b)

      anything declared by regulation to be environmental harm for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); and

   3. (c)

      anything declared by an environment protection policy to be environmental harm for the purposes of this Act.

2. (2)

   For the purposes of this Act, potential harm includes risk of harm and future harm.

3. (3)

   For the purposes of this Act, the following provisions are to be applied in determining whether environmental harm is material environmental harm or serious environmental harm:

   1. (a)

      environmental harm is to be treated as material environmental harm if—

      1. (i)

         it consists of an environmental nuisance of a high impact or on a wide scale; or

1. 1. 1. (ii)

         it involves actual or potential harm to the health or safety of human beings that is not trivial, or other actual or potential environmental harm (not being merely an environmental nuisance) that is not trivial; or

      2. (iii)

         it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $5 000;

   2. (b)

      environmental harm is to be treated as serious environmental harm if—

      1. (i)

         it involves actual or potential harm to the health or safety of human beings that is of a high impact or on a wide scale, or other actual or potential environmental harm (not being merely an environmental nuisance) that is of a high impact or on a wide scale; or

      2. (ii)

         it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $50 000.

2. (4)

   For the purposes of subsection (3), loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent or mitigate the environmental harm and to make good resulting environmental damage.

3. (5)

   For the purposes of this Act, environmental harm is caused by pollution—

   1. (a)

      whether the harm is a direct or indirect result of the pollution; and

   2. (b)

      whether the harm results from the pollution alone or from the combined effects of the pollution and other factors.

5BSite contamination

1. (1)

   For the purposes of this Act, site contamination exists at a site if—

   1. (a)

      chemical substances are present on or below the surface of the site in concentrations above the background concentrations (if any); and

   2. (b)

      the chemical substances have, at least in part, come to be present there as a result of an activity at the site or elsewhere; and

   3. (c)

      the presence of the chemical substances in those concentrations has resulted in—

      1. (i)

         actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; or

      2. (ii)

         actual or potential harm to water that is not trivial; or

      3. (iii)

         other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses.

2. (2)

   For the purposes of this Act, environmental harm is caused by the presence of chemical substances—

   1. (a)

      whether the harm is a direct or indirect result of the presence of the chemical substances; and

   2. (b)

      whether the harm results from the presence of the chemical substances alone or the combined effects of the presence of the chemical substances and other factors.

3. (3)

   For the purposes of this Act, site contamination does not exist at a site if circumstances of a kind prescribed by regulation apply to the site.

5CResponsibility for pollution

For the purposes of this Act, the occupier or person in charge of a place or vehicle at or from which a pollutant escapes or is discharged, emitted, deposited or disposed of will be taken to have polluted the environment with the pollutant (but without affecting the liability of any other person in respect of the escape, discharge, emission, depositing or disposal of the pollutant).

5DLiability for certain offences from vehicles

1. (1)

   If—

   1. (a)

      an activity is carried on—

      1. (i)

         in, at or from a vehicle; or

      2. (ii)

         in connection with the use of a vehicle; and

   2. (b)

      the activity results in a principal offence,

the owner of the vehicle is guilty of an offence against this section and is liable to the same penalty as is prescribed for the principal offence and the expiation fee (if any) that is fixed for the principal offence also applies in relation to the offence against this section.

1. (2)

   However, the owner of a vehicle and the person who committed the principal offence (the alleged principal offender) are not both liable through the operation of this section to be found guilty of, or to expiate, an offence arising out of the same circumstances, and consequently a finding of guilt in relation to, or expiation by, the owner exonerates the alleged principal offender and conversely a finding of guilt in relation to, or expiation by, the alleged principal offender exonerates the owner.

2. (3)

   An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the alleged principal offender, to provide the issuing authority specified in the notice, within the period specified in the notice, with a statutory declaration—

   1. (a)

      setting out the name and address of the person who the owner believes to have been the alleged principal offender; or

   2. (b)

      if he or she had transferred ownership of the vehicle to another prior to the time of the alleged principal offence and has complied with the Motor Vehicles Act 1959 or the Harbors and Navigation Act 1993 (as the case may require) in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).

3. (4)

   If the vehicle is owned by 2 or more persons—

   1. (a)

      a prosecution for an offence against this section may be brought against 1 of the owners or against some or all of the owners jointly as co-defendants; and

   2. (b)

      if the case for the prosecution is proved and a defence is not established, the defendant or each of the defendants who does not establish a defence is liable to be found guilty of an offence against this section.

4. (5)

   Before proceedings are commenced against the owner of a vehicle for an offence against this section, the informant must send the owner a notice—

   1. (a)

      setting out particulars of the alleged principal offence; and

   2. (b)

      inviting the owner, if he or she was not the alleged principal offender or the owner of the vehicle at the time of the alleged principal offence, to provide the informant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (3)(a) and (b).

5. (6)

   Subsection (5) does not apply to—

   1. (a)

      proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or

   2. (b)

      proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the alleged principal offender.

6. (7)

   Subject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove—

   1. (a)

      that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of commission of the alleged principal offence; or

   2. (b)

      that the owner provided the informant with a statutory declaration in accordance with an invitation under this section.

7. (8)

   The defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.

8. (9)

   If—

   1. (a)

      an expiation notice is given to a person named as the alleged principal offender in a statutory declaration under this section; or

   2. (b)

      proceedings are commenced against such a person,

the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged principal offender.

1. (10)

   The particulars of the statutory declaration provided to the alleged principal offender must not include the address of the person who provided the statutory declaration.

2. (11)

   In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was present in or at the vehicle at the time at which the alleged principal offence was committed.

3. (12)

   In proceedings against the owner of a vehicle or the alleged principal offender for an offence against this Act, an allegation in the information that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.

4. (13)

   For the purposes of this section, an activity consisting of the disposal of waste or other matter to the environment will be presumed, in the absence of proof to the contrary, to have been carried on in connection with the use of a vehicle if the waste or matter has been disposed of to the environment and the vehicle was seen arriving at the place of disposal before the disposal or leaving that place after the disposal.

5. (14)

   This section does not apply in relation to the disposal of waste or other matter by a passenger of a taxi or a train, tram, bus, ferry, passenger ship, or other public transport vehicle, that was being used for a public purpose at the time.

6. (15)

   In this section—

owner of a vehicle—

1. (a)

   in the case of a vessel within the meaning of the Harbors and Navigation Act 1993, has the same meaning as in section 4(1) of that Act, and includes the operator of the vessel within the meaning of that Act;

2. (b)

   in the case of a vehicle within the meaning of the Road Traffic Act 1961, has the same meaning as in section 5(1) of that Act, and includes the operator of the vehicle within the meaning of that Act;

principal offence means—

1. (a)

   an offence against section 34 (contravening a mandatory provision of an environment protection policy); or

2. (b)

   an offence against—

   1. (i)

      Part 8 Division 2; or

   2. (ii)

      Part 9; or

3. (c)

   an offence prescribed by regulation.

6Act binds Crown

1. (1)

   This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.

2. (2)

   No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.

7Interaction with other Acts

1. (1)

   Subject to this section, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

2. (2)

   This Act does not apply to circumstances to which the Environment Protection (Sea Dumping) Act 1984 applies.

3. (3)

   This Act is subject to—

   1. (a1)

      the Electricity Corporations (Restructuring and Disposal) Act 1999; and

   2. (a)

      the Pulp and Paper Mills Agreement Act 1958; and

   3. (b)

      the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) Act 1964; and

   4. (c)

      the Roxby Downs (Indenture Ratification) Act 1982.

4. (4)

   This Act does not apply in relation to—

   1. (a)

      petroleum exploration activity undertaken under the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982; or

   2. (b)

      wastes produced in the course of an activity (not being a prescribed activity of environmental significance) authorised by a lease or licence under the Mining Act 1971, the Petroleum Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982 when produced and disposed of to land and contained within the area of the lease or licence; or

   3. (c)

      wastes produced in the course of an activity (not being a prescribed activity of environmental significance) authorised by a lease under the Mining Act 1971 when disposed of to land and contained within the area of a miscellaneous purposes licence under that Act adjacent to the area of the lease.

8Civil remedies not affected

The provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied.

9Territorial and extra-territorial application of Act

1. (1)

   This Act extends in application to the coastal waters of the State and the air above and land beneath those waters.

2. (2)

   Where—

   1. (a)

      a person causes a pollutant to come within the State or causes environmental harm within the State, by conduct engaged in outside the State; and

   2. (b)

      the conduct would, if engaged in within the State, constitute a contravention of this Act,

the person is liable to a penalty in respect of the contravention as if the conduct were engaged in by the person within the State.

1. (3)

   For the purposes of subsection (2)—

   1. (a)

      a reference to the State includes a reference to the coastal waters of the State and the air above and land beneath those waters; and

   2. (b)

      a reference to engaging in conduct includes a reference to failure to act.

Part 2Objects of Act10Objects of Act

1. (1)

   The objects of this Act are—

   1. (a)

      to promote the following principles (principles of ecologically sustainable development):

      1. (i)

         that the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being and for their health and safety while—

         1. (A)

            sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

         2. (B)

            safeguarding the life-supporting capacity of air, water, land and ecosystems; and

         3. (C)

            avoiding, remedying or mitigating any adverse effects of activities on the environment;

      2. (ii)

         that proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement; and

   2. (ab)

      to ensure that all reasonable and practicable measures are taken to protect, restore and enhance the quality of the environment having regard to the principles of ecologically sustainable development and the need for climate change adaptation and climate change mitigation; and

   3. (b)

      in particular, to ensure that, as far as is reasonably practicable, the following measures are taken:

      1. (i)

         to prevent, reduce, minimise and, where practicable, eliminate harm to the environment—

         1. (A)

            by programs to encourage and assist action by industry, public authorities and the community aimed at pollution prevention, clean production and technologies, climate change adaptation, climate change mitigation and resource recovery; and

         2. (AB)

            by programs to encourage and assist industry, public authorities and the community to apply the waste management hierarchy; and

         3. (B)

            by regulating, in an integrated, systematic and cost-effective manner—

            • •

              activities, products, substances and services that, through pollution or production of waste, cause environmental harm; and

            • •

              the generation, storage, handling, treatment, transfer, transportation, receipt or disposal of waste and other pollutants;

      2. (iaa)

         to promote the circulation of materials through the waste management process and to support a strong market for recovered resources—

         1. (A)

            by programs to encourage and assist industry, public authorities and the community to engage in resource recovery; and

         2. (B)

            by regulating resource recovery; and

         3. (C)

            by regulating the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter; and

         4. (D)

            by preventing the unauthorised stockpiling of waste or other matter;

      3. (ia)

         to establish processes for carrying out assessments of known or suspected site contamination and, if appropriate, remediation of the sites;

      4. (ii)

         to co-ordinate activities, policies and programmes necessary to prevent, reduce, minimise or eliminate environmental harm, address climate change adaptation and climate change mitigation and ensure effective environmental protection, restoration and enhancement;

      5. (iii)

         to facilitate the adoption and implementation of environment protection measures agreed on by the State under intergovernmental arrangements for greater uniformity and effectiveness in environment protection;

      6. (iv)

         to apply a precautionary approach to the assessment of risk of environmental harm and climate change and ensure that all aspects of environmental quality affected by pollution and waste (including ecosystem sustainability and valued environmental attributes) are considered in decisions relating to the environment;

      7. (v)

         to require persons engaged in polluting activities to progressively make environmental improvements (including reduction of pollution and waste at source) as such improvements become practicable through technological and economic developments;

      8. (va)

         to require persons engaged in polluting activities to ensure their facilities and premises are designed or progressively improved so as to limit the risk of environmental harm from those activities in relation to the impacts of a changing climate;

      9. (vi)

         to allocate the costs of environment protection and restoration equitably and in a manner that encourages responsible use of, and reduced harm to, the environment with polluters bearing an appropriate share of the costs that arise from their activities, products, substances and services;

      10. (vii)

          to provide for monitoring and reporting on environmental quality on a regular basis to ensure compliance with statutory requirements and the maintenance of a record of trends in environmental quality;

      11. (viii)

          to provide for reporting on the state of the environment on a periodic basis;

      12. (ix)

          to promote—

          1. (A)

             industry and community education and involvement in decisions about the protection, restoration and enhancement of the environment; and

          2. (B)

             disclosure of, and public access to, information about significant environmental incidents and hazards.

2. (2)

   The Minister, the Authority and all other administering agencies and persons involved in the administration of this Act must have regard to, and seek to further, the objects of this Act.

10AMatters to be taken into account in relation to specially protected areas

The Minister, the Authority and all other bodies and persons involved in the administration of this Act must, if taking any action under this Act within or in relation to—

1. (a)

   any part of the Adelaide Dolphin Sanctuary within the meaning of the Adelaide Dolphin Sanctuary Act 2005—

   1. (i)

      seek to further the objects and objectives of that Act; and

   2. (ii)

      take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under that Act; or

2. (b)

   any part of a marine park within the meaning of the Marine Parks Act 2007—

   1. (i)

      seek to further the objects of that Act; and

   2. (ii)

      take into account the provisions of the management plan for the marine park under that Act; or

3. (c)

   any part of the Murray‑Darling Basin within the meaning of the Murray-Darling Basin Act 1993—

   1. (i)

      seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act (insofar as they may be relevant); and

   2. (ii)

      take into account the provisions of the River Murray Implementation Strategy under that Act.

Part 3Administering agencies, conferences and the FundDivision 1Environment Protection Authority11Establishment of Authority

1. (1)

   The Environment Protection Authority is established.

2. (2)

   The Authority—

   1. (a)

      is a body corporate with perpetual succession and a common seal; and

   2. (b)

      is capable of suing and being sued in its corporate name; and

   3. (c)

      is capable of acquiring, holding or dealing with real or personal property in its corporate name; and

   4. (d)

      has the functions and powers assigned or conferred under this Act.

3. (3)

   The Authority is an instrumentality of the Crown and holds its property on behalf of the Crown.

4. (4)

   In the exercise of its powers, functions or duties, the Authority is subject to the direction of the Minister except in relation to—

   1. (a)

      the making of a recommendation or report to the Minister; or

   2. (b)

      the performance of its functions under Part 6 or Part 6A; or

   3. (c)

      the enforcement of this Act.

5. (5)

   Any direction given to the Authority by the Minister must be in writing.

13Functions of Authority

1. (1)

   The Authority has the following functions:

   1. (a)

      to prepare draft environment protection policies;

   2. (b)

      to conduct regular reviews of environment protection policies, regulations and other measures and practices under this Act to ensure that they are adequate and effective to secure the objects of this Act;

   3. (c)

      to contribute to the development of national environment protection measures and ensure their effective application in this State;

   4. (d)

      to facilitate the pursuit of the objects of this Act by Commonwealth, State and local government bodies, the private sector and the public;

   5. (e)

      to authorise activities of environmental significance through an authorisation system aimed at the control and minimisation of pollution and waste;

   6. (f)

      to conduct investigations for the purpose of assessing compliance with this Act or conditions of licences or other authorisations under this Act;

   7. (g)

      to institute or supervise environmental monitoring and evaluation programmes;

1. 1. (h)

      to provide advice and assistance in relation to the development and implementation of best environmental management practices and for that purpose encourage and, where necessary, undertake or require environmental audits, emergency planning, environment improvement programmes, environment performance agreements, and similar measures;

   2. (i)

      to conduct and promote programmes and projects for the protection, restoration or enhancement of the environment;

   3. (j)

      to provide advice to the Minister in relation to the administration and enforcement of this Act and in relation to other legislation that has, or may have, an impact on the environment;

   4. (k)

      to administer and enforce this Act and perform any other functions assigned to the Authority by or under any other Act.

2. (2)

   In performing its functions, the Authority should consult—

   1. (a)

      with other agencies of the State, agencies of the Commonwealth and of the other States and Territories of the Commonwealth, and intergovernmental agencies, that have functions corresponding to those of the Authority; and

   2. (b)

      with local government and relevant industry, environment and community organisations.

14Powers of Authority

The Authority may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions and in particular may—

1. (a)

   obtain expert or technical advice from a person on such terms and conditions as the Authority thinks fit; and

2. (b)

   with the approval of a Minister administering an administrative unit, make use of the services of the administrative unit's employees and of its facilities; and

3. (c)

   with the approval of a council, make use of the services of officers or employees of that council.

14AChief Executive

1. (1)

   If—

   1. (a)

      in accordance with section 14(b), the Authority makes use of the services of an administrative unit's employees and of its facilities; and

   2. (b)

      the Minister administering that administrative unit approves the application of this section to the position of chief executive of that administrative unit,

the person for the time being holding or acting in the position of chief executive of that administrative unit will be taken to be the Chief Executive of the Authority for the purposes of this Act.

1. (2)

   The Chief Executive is, subject to the control and direction of the Board, responsible for giving effect to the policies and decisions of the Board.

14BBoard of Authority

1. (1)

   The Board of the Environment Protection Authority is established as the governing body of the Authority.

2. (2)

   The Board is to consist of not less than seven and not more than nine members appointed by the Governor.

3. (3)

   The Chief Executive of the Authority is a member of the Board ex officio.

4. (3a)

   1 of the appointed members of the Board will be appointed by the Governor to be the presiding member of the Board.

5. (3b)

   1 of the appointed members of the Board may be appointed by the Governor to be the deputy presiding member of the Board.

6. (4)

   The Minister must consult with prescribed bodies, in accordance with the regulations, in relation to the selection of persons for appointment under this section.

7. (5)

   The Board's membership must include persons who together have, in the Governor's opinion, the following attributes:

   1. (a)

      qualifications and experience relevant to environmental protection and management or natural resources management;

   2. (b)

      practical knowledge of, and experience in, industry, commerce or economic development;

   3. (c)

      practical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community;

   4. (ca)

      practical knowledge of, and experience in, climate change adaptation and climate change mitigation;

   5. (d)

      practical knowledge of, and experience in, the reduction, re-use, recycling and management of waste or the environmental management industry;

   6. (e)

      legal qualifications and experience in environmental law;

   7. (f)

      qualifications and experience relevant to management generally and public sector management;

   8. (g)

      practical knowledge of, and experience in, local government.

8. (6)

   At least one member of the Board must be a woman and one a man.

9. (8)

   The Governor may appoint a suitable person to be deputy of a member of the Board (other than the Chief Executive) and a person so appointed may act as a member of the Board during any period of absence of the member.

15Terms and conditions of office

1. (2)

   An appointed member of the Board is to be appointed for a term, not exceeding 3 years, specified in the instrument of appointment and is, on the expiration of a term of office, eligible for re-appointment.

2. (3)

   An appointed member of the Board is entitled to such remuneration, allowances and expenses as may be determined by the Governor.

3. (4)

   The Governor may remove an appointed member of the Board from office for—

   1. (a)

      misconduct; or

   2. (b)

      neglect of duty; or

   3. (c)

      incapacity to carry out satisfactorily the duties of his or her office; or

   4. (d)

      failure to carry out satisfactorily the duties of his or her office.

4. (5)

   An appointed member of the Board neglects his or her duty if the member fails to attend three consecutive meetings without the leave of the Board.

5. (6)

   The office of an appointed member of the Board becomes vacant if the member—

   1. (a)

      dies; or

   2. (b)

      completes a term of office and is not reappointed; or

   3. (c)

      resigns by written notice addressed to the Minister; or

   4. (d)

      is removed from office by the Governor under subsection (4).

6. (7)

   On the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

16Proceedings of Board

1. (1)

   The Board must meet at least 11 times in each calendar year or more frequently where necessary for the performance of its functions.

2. (2)

   The presiding member will preside at each meeting of the Board at which he or she is present.

3. (2a)

   If the presiding member is absent from a meeting of the Board—

   1. (a)

      if a member appointed as deputy presiding member is present—that member will preside; or

   2. (b)

      in any other case—an appointed member of the Board chosen by the members present at the meeting will preside.

4. (3)

   A quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one.

5. (4)

   Subject to subsection (3), the Board may act notwithstanding vacancies in its membership or a defect in appointment of a member.

6. (5)

   A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board.

7. (6)

   Each appointed member present at a meeting of the Board has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.

8. (6a)

   The Chief Executive of the Authority is not entitled to vote at a meeting of the Board.

9. (7)

   A telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present.

10. (8)

    A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—

    1. (a)

       notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and

    2. (b)

       a majority of the members express their concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission or other written communication setting out the terms of the resolution.

11. (9)

    The Board must have accurate minutes kept of its proceedings and make them available to all members of the Board.

12. (10)

    A person who is not a member of the Board may be present during a meeting with the consent of the Board but not otherwise.

13. (11)

    Subject to this Act, the Board may determine its own procedures.

17Board may establish committees and subcommittees

1. (1)

   The Board—

   1. (a)

      must establish the committees or subcommittees required by the regulations; and

   2. (b)

      may establish such other committees or subcommittees as the Board thinks fit,

to advise the Authority on any aspect of its functions, or to assist the Authority in the performance of its functions.

1. (2)

   A committee or subcommittee established under subsection (1) will consist of such persons as the Board thinks fit and may, but need not, consist of, or include, members of the Board.

2. (3)

   The procedures to be observed in relation to the conduct of business of a committee or a subcommittee of the Board will be—

   1. (a)

      as prescribed by regulation; or

   2. (b)

      insofar as the procedure is not prescribed by regulation—as determined by the Board; or

   3. (c)

      insofar as the procedure is not prescribed by regulation or determined by the Board—as determined by the relevant committee or subcommittee.

3. (4)

   The Public Sector (Honesty and Accountability) Act 1995 applies to the members of a committee or subcommittee as if the committee or subcommittee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister.

Division 1AAdministering agencies18AAdministering agencies

1. (1)

   The following bodies are, in addition to the Authority, administering agencies for the purposes of this Act:

   1. (a)

      councils declared to be administering agencies by the Minister by notice in the Gazette;

   2. (b)

      any other public authorities prescribed by regulation as administering agencies.

2. (2)

   The Minister may only declare a council to be an administering agency at the request of the council.

3. (3)

   The Minister may, if the Minister thinks fit after consultation with the council, and must at the request of the council, by subsequent notice in the Gazette, declare that a council that is an administering agency will cease to be an administering agency on a day specified in the notice.

18BPowers and functions of administering agencies

1. (1)

   An administering agency that is a council has the function of administering and enforcing this Act in relation to activities in its area other than—

   1. (a)

      prescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance;

   2. (b)

      activities undertaken by the Crown, the council or another public authority or a prescribed person or body;

   3. (c)

      any other activities prescribed by regulation for the purposes of this subsection.

2. (2)

   An administering agency, other than the Authority or a council, has the function of administering and enforcing this Act in relation to activities prescribed by regulation (subject to any conditions specified in the regulations) other than prescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance.

3. (3)

   The conferral of a function on an administering agency under subsection (1) or (2) is not to be taken to limit or affect the performance of that function by the Authority.

4. (4)

   A reference in this Act to an administering agency is, in relation to an administering agency other than the Authority, a reference to the administering agency only in relation to functions conferred on the administering agency under this section.

18CDelegation

1. (1)

   An administering agency, other than the Authority, may, by instrument executed by the administering agency, delegate a function conferred on the administering agency under this Division to—

   1. (a)

      a committee of the administering agency; or

   2. (b)

      a subsidiary of the administering agency; or

   3. (c)

      an employee of the administering agency; or

   4. (d)

      the employee of the administering agency for the time being occupying a particular office or position; or

   5. (e)

      an authorised officer.

2. (2)

   A delegation under this section may be given subject to conditions specified in the instrument of delegation.

3. (3)

   A delegation under this section is revocable at will and does not prevent the administering agency from acting in any matter.

18DReports by administering agencies

An administering agency must report to the Authority, at such intervals as the Authority requires, on the performance by the administering agency of functions conferred on the administering agency under this Division.

Division 2Round-table conference19Round-table conference

1. (1)

   The Authority must hold round‑table conferences in accordance with this section for the purpose of assisting the Authority and the Minister to assess the views of interested bodies and persons on such matters related to—

   1. (a)

      the operation of this Act; or

   2. (b)

      the protection, restoration or enhancement of the environment within the scope of this Act,

as the Authority may determine.

1. (1a)

   Round‑table conferences are to be held at such intervals as the Authority may determine.

2. (2)

   The Authority must endeavour to ensure that those persons invited by the Authority to attend a round-table conference represent a wide range of interests and expertise in relation to the matters to be considered and include representatives of the community, industry and relevant environmental and professional organisations.

3. (3)

   Subject to this section, round-table conferences will—

   1. (a)

      be held at such times; and

   2. (b)

      consist of such number of persons; and

   3. (c)

      be conducted according to such procedures,

as the Authority may determine.

1. (4)

   The Chief Executive of the Authority or, if the Chief Executive is unable to attend, a member of the Board must be present at a round-table conference.

Division 3Environment Protection Fund24Environment Protection Fund

1. (1)

   The Environment Protection Fund is established.

2. (2)

   The Fund must be kept as directed by the Treasurer.

3. (3)

   The Fund is to consist of the following money:

   1. (a)

      the prescribed percentage of fees (other than expiation fees) paid under this Act;

   2. (b)

      expiation fees and the prescribed percentage of penalties recovered in respect of offences against this Act (other than expiation fees or penalties to which a council is entitled);

   3. (ba)

      the prescribed percentage of amounts recovered by the Authority, by negotiation or as a result of civil proceedings, in respect of a contravention of this Act;

   4. (c)

      any money required to be paid into the Fund by way of a financial assurance under Division 5 of Part 6;

   5. (d)

      any amount paid to the Authority, or the value of anything forfeited to the Authority, as a result of exercise of the power of seizure under Division 1 of Part 10;

   6. (e)

      the prescribed percentage of money paid to the Authority by way of a levy under Part 15;

   7. (ea)

      any amount paid to the Authority that is required under Part 15 to be paid into the Fund;

   8. (f)

      any money appropriated by Parliament for the purposes of the Fund;

   9. (g)

      any money paid into the Fund at the direction or with the approval of the Minister and the Treasurer;

   10. (h)

       any money received by way of grant, gift or bequest for the purposes of the Fund;

   11. (i)

       any income from investment of money belonging to the Fund;

   12. (j)

       any money paid into the Fund under any other Act.

4. (4)

   The Fund may be applied by the Minister or by the Authority with the approval of the Minister (without further appropriation than this subsection)—

   1. (a)

      in making any payment required in connection with a financial assurance under Division 5 of Part 6; or

   2. (b)

      in making any payment required by the terms of an environment performance agreement under Part 7; or

   3. (c)

      in making payments for or towards the cost of action taken to deal with an environmental emergency or its effects; or

   4. (d)

      for the purposes of education and training programmes in relation to the protection, restoration or enhancement of the environment; or

   5. (e)

      for the purposes of any investigations, research, pilot programmes or other projects relating to the protection, restoration or enhancement of the environment; or

   6. (f)

      towards the costs of administration of this Act.

5. (6)

   The Authority may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer.

Part 4General environmental duty25General environmental duty

1. (1)

   A person must not undertake an activity that pollutes, or might pollute, the environment unless the person takes all reasonable and practicable measures to prevent or minimise any resulting environmental harm.

2. (2)

   In determining what measures are required to be taken under subsection (1), regard is to be had, amongst other things, to—

   1. (a)

      the nature of the pollution or potential pollution and the sensitivity of the receiving environment; and

   2. (b)

      the financial implications of the various measures that might be taken as those implications relate to the class of persons undertaking activities of the same or a similar kind; and

   3. (c)

      the current state of technical knowledge and likelihood of successful application of the various measures that might be taken.

3. (3)

   In any proceedings (civil or criminal), where it is alleged that a person failed to comply with the duty under this section by polluting the environment, it will be a defence—

   1. (a)

      if—

      1. (i)

         maximum pollution levels were fixed for the particular pollutant and form of pollution concerned by mandatory provisions of an environment protection policy or conditions of an environmental authorisation held by the person, or both; and

      2. (ii)

         it is proved that the person did not by so polluting the environment contravene the mandatory provisions or conditions; or

   2. (b)

      if—

      1. (i)

         an environment protection policy or conditions of an environmental authorisation provided that compliance with specified provisions of the policy or with specified conditions of the authorisation would satisfy the duty under this section in relation to the form of pollution concerned; and

      2. (ii)

         it is proved that the person complied with the provisions or with such conditions of an environmental authorisation held by the person.

4. (4)

   Failure to comply with the duty under this section does not of itself constitute an offence, but—

   1. (a)

      compliance with the duty may be enforced by the issuing of an environment protection order; and

   2. (b)

      a clean-up order or clean-up authorisation may be issued, or an order may be made by the Environment, Resources and Development Court under Part 11, in respect of non-compliance with the duty; and

   3. (c)

      failure to comply with the duty will be taken to be a contravention of this Act for the purposes of section 135.

Part 5Environment protection policiesDivision 1General26Interpretation

In this Division—

1. (a)

   a reference to a draft environment protection policy includes a reference to a draft amendment to, or a draft revocation of, an environment protection policy previously made under this Division;

2. (b)

   a reference to an environment protection policy includes a reference to an amendment to, or a revocation of, an environment protection policy previously made under this Division.

27Nature and contents of environment protection policies

1. (1)

   Environment protection policies may be made as contemplated by this Act or for any purpose directed towards securing the objects of this Act.

2. (2)

   An environment protection policy may do one or more of the following according to its terms:

   1. (a)

      set out matters to be taken into account by the Authority—

      1. (i)

         in determining matters required to be determined by the Authority under Part 6 in relation to environmental authorisations or applications for environmental authorisations;

      2. (ii)

         in determining matters required to be determined by the Authority under Part 6 in relation to applications for development authorisations referred to the Authority under the Planning, Development and Infrastructure Act 2016;

   2. (b)

      set out matters to be taken into account by the Authority or another administering agency in determining any specified matters required to be determined by the Authority or another administering agency for the purposes of this Act;

   3. (c)

      set out requirements, standards, goals and guidelines;

   4. (d)

      specify that certain requirements or standards (mandatory provisions) are to be enforceable under Division 2.

3. (3)

   Where an environment protection policy contains a mandatory provision, the policy—

   1. (a)

      must declare whether contravention of the mandatory provision will be a category A, B, C, D or E offence for the purposes of Division 2; and

   2. (b)

      may contain provisions that—

      1. (i)

         prevent the granting of an exemption under Part 6 from compliance with the mandatory provision; or

1. 1. 1. (ii)

         specify the circumstances in which such an exemption may be granted or the conditions that must be attached to it, or both.

2. (4)

   The provisions of an environment protection policy may—

   1. (a)

      be of general application or limited application;

   2. (b)

      make different provisions according to the matters or circumstances to which they are expressed to apply;

   3. (c)

      refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a body specified in the policy, as in force from time to time or as in force at a specified time;

   4. (d)

      provide that a matter or thing is to be determined according to the discretion of the Authority, another administering agency, an authorised officer or a prescribed person or body.

3. (5)

   If an environment protection policy refers to a code, standard or other document, the code, standard or other document has effect as if it formed part of the policy.

4. (6)

   Copies of each environment protection policy and of each code, standard or other document referred to in an environment protection policy must be kept available for inspection by the public, without charge and during ordinary office hours, at an office or offices specified in the regulations.

5. (7)

   In any legal proceedings, evidence of the contents of an environment protection policy or of a code, standard or other document referred to in an environment protection policy may be given by production of a document certified by the Authority as a true copy of the policy, code, standard or other document.

28Normal procedure for making policies

1. (1)

   This section sets out the normal procedure to be followed in making environment protection policies.

2. (2)

   The Authority may prepare draft environment protection policies.

3. (3)

   Before commencing to prepare a draft environment protection policy, the Authority—

   1. (a)

      must consult with the Minister in relation to the general purpose and intended effect of the proposed policy; and

   2. (b)

      after consulting with the Minister—

      1. (i)

         must publish in the Gazette a notice of its intention to prepare the draft policy that includes a description of the general purpose of the proposed policy; and

      2. (ii)

         must also publish a copy of the notice—

         1. (A)

            on a website determined by the Authority; or

         2. (B)

            in a newspaper circulating generally in the State,

      (or both).

4. (3a)

   Where a committee or subcommittee of the Board is established under this Act to advise the Authority in relation to the preparation or contents of a draft environment protection policy, the Authority must obtain and consider the advice of the committee or subcommittee in relation to the policy.

5. (4)

   The Authority must, when it has prepared a draft environment protection policy, prepare a report containing—

   1. (a)

      an explanation of the purpose and effect of the draft policy; and

   2. (b)

      a summary of any background and issues relevant to the draft policy and of the analysis and reasoning applied in formulating the policy.

6. (5)

   The Authority must, after preparation of the draft policy and related report, refer that policy and report—

   1. (a)

      to any body prescribed for the purposes of this section; and

   2. (b)

      to any public authority whose area of responsibility is, in the opinion of the Authority, particularly affected by the policy.

7. (6)

   The Authority must also, after preparation of the draft policy and related report, cause an advertisement to be published in the Gazette and in a newspaper circulating generally in the State—

   1. (a)

      giving notice of places at which the draft policy and the report, or copies of the draft policy and the report, are to be available for inspection and, if copies are to be available for purchase, of places at which copies may be purchased; and

   2. (b)

      inviting interested persons to make written submissions in relation to the draft policy within a period specified in the advertisement (being not less than two months from the date of publication of the advertisement); and

   3. (c)

      stating that the submissions will be available for inspection by interested persons as provided by subsection (8); and

   4. (d)

      stating that the Authority's response to any submissions will be available for inspection by interested persons as provided by subsection (9); and

   5. (e)

      appointing a place and time at which a public information session will be held by the Authority in relation to the draft policy.

8. (8)

   Where written submissions are made in response to an advertisement published under subsection (6), a copy of those submissions must be made available for inspection by interested persons during ordinary business hours at the principal office of the Authority from the end of the period specified for the making of submissions until the Authority reports to the Minister on the draft policy under subsection (11).

9. (9)

   Where written submissions are made in response to a draft policy, the Authority must, as soon as is reasonably practicable after the end of the period specified for the making of submissions, prepare a response to the submissions and make the response available for inspection by interested persons during ordinary business hours at the principal office of the Authority until the Authority reports to the Minister on the draft policy under subsection (11).

10. (11)

    The Authority must then report to the Minister and the Minister may, after taking into account the report and any recommendations of the Authority on the matter—

    1. (a)

       approve the draft policy; or

    2. (b)

       alter the draft policy and approve the draft policy as altered; or

    3. (c)

       decline to approve the draft policy.

11. (12)

    A draft policy approved by the Minister under subsection (11) may be referred to the Governor and the Governor may, by notice in the Gazette—

    1. (a)

       declare the draft to be an authorised environment protection policy under this Act; and

    2. (b)

       fix a day on which it will come into operation.

29Simplified procedure for making certain policies

1. (1)

   Where the Minister is satisfied that a draft environment protection policy refers to or incorporates without substantial modification the whole or part of a standard or other document prepared by a body prescribed for the purposes of this section—

   1. (a)

      the normal procedure for making environment protection policies does not apply in relation to the draft policy; and

   2. (b)

      the Minister may refer the draft policy directly to the Governor.

2. (1a)

   Where a national environment protection measure has been made, amended or revoked or has expired—

   1. (a)

      the normal procedure for making environment protection policies under this Division does not apply in relation to—

      1. (i)

         a draft environment protection policy to implement the national environment protection measure or the amendment, revocation or expiry; or

      2. (ii)

         a draft environment protection policy that amends or revokes another environment protection policy as the Minister considers necessary or desirable in consequence of implementation of the national environment protection measure or the amendment, revocation or expiry; and

   2. (b)

      the Minister may refer a draft policy referred to in paragraph (a) directly to the Governor.

3. (1b)

   For the purposes of subsection (1a), a draft environment protection policy will be taken to implement a national environment protection measure despite the fact that it includes provisions that are not included in or required by the measure if the Minister is satisfied that the provisions relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary for the application of the policy in this jurisdiction.

4. (2)

   The Governor may, on reference of a draft policy under this section, by notice in the Gazette—

   1. (a)

      declare the draft to be an authorised environment protection policy under this Act; and

   2. (b)

      fix a day on which it will come into operation.

30Reference of policies to Parliament

1. (1)

   When the Governor declares a draft environment protection policy to be an authorised environment protection policy under this Act, the Minister must—

   1. (a)

      within 14 days, refer the policy to the Environment, Resources and Development Committee of the Parliament; and

   2. (b)

      within 14 sitting days, cause the policy to be laid before both Houses of Parliament.

2. (2)

   If the Environment, Resources and Development Committee, after receipt of the policy under subsection (1), resolves to suggest an amendment to the policy, the Governor may, on the recommendation of the Minister, by notice in the Gazette, proceed to make such an amendment.

3. (3)

   If either House of Parliament passes a resolution disallowing the policy, the policy ceases to have effect.

4. (4)

   If an amendment suggested by resolution under subsection (2) has been made to the policy by the Governor under that subsection, a resolution may nevertheless be passed under subsection (3) disallowing the policy as amended.

5. (5)

   A resolution is not effective for the purposes of subsection (3) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the policy was laid before the House.

6. (6)

   Where a policy that revokes the whole or part of another policy is disallowed, the policy or part sought to be revoked revives.

7. (7)

   Where a policy is disallowed by resolution of either House, notice of the resolution must forthwith be published in the Gazette.

31Interim policies

1. (1)

   If the Governor is of the opinion that it is necessary for the proper administration of this Act that a draft environment protection policy should come into operation without delay, the Governor may declare, by notice in the Gazette, that the policy will come into operation on an interim basis on a day specified in the notice (being the day of publication in the Gazette of an advertisement concerning the draft policy and related report in accordance with the normal procedure, or any later day).

2. (2)

   Where a notice has been published under subsection (1), the policy comes into operation on the day specified in the notice.

3. (3)

   The Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter and cause copies of the report to be laid before both Houses of Parliament.

4. (4)

   A policy that has come into operation under this section ceases to operate—

   1. (a)

      if the Governor, by notice published in the Gazette, terminates the operation of the policy; or

   2. (b)

      if either House of Parliament passes a resolution disallowing the policy after copies of the policy have been laid before both Houses of Parliament in accordance with the normal procedure; or

   3. (c)

      if the policy has not been authorised by the Governor in accordance with the normal procedure within 12 months from the day on which it came into operation; or

   4. (d)

      if the policy is superseded by another policy that comes into operation under this Division.

5. (5)

   If a policy ceases to operate by virtue of subsection (4)(b) or (c), notice of the cessation must forthwith be published in the Gazette.

6. (6)

   If a policy that revokes the whole or part of another policy ceases to operate by virtue of subsection (4)(a), (b), or (c), the policy or part sought to be revoked revives.

32Certain amendments may be made by Gazette notice only

1. (1)

   The Minister may, by notice in the Gazette, amend an environment protection policy—

   1. (a)

      in order to correct an error in the policy; or

   2. (b)

      in order to make a change of form (not involving a change of substance) in the policy; or

   3. (ba)

      if the Minister considers it necessary to amend the policy in consequence of—

      1. (i)

         an amendment to this Act or the making, variation or revocation of regulations under this Act or the making, amendment or revocation of another environment protection policy; or

      2. (ii)

         the commencement or amendment of a prescribed Act; or

   4. (c)

      if the policy itself or the regulations provide that a change of a specified kind may be made to the policy by amendment under this section—in order to make a change of that kind.

2. (2)

   An amendment under this section comes into operation on the day fixed in the notice of the amendment.

Division 2Contravention of mandatory provisions

34Offence to contravene mandatory provisions of policy

1. (1)

   A person who intentionally or recklessly contravenes a mandatory provision of an environment protection policy is guilty of an offence.

Maximum penalty:

1. (a)

   for a category A offence—

   1. (i)

      in the case of a body corporate—$250 000;

   2. (ii)

      in the case of a natural person—$120 000 or imprisonment for 2 years, or both;

2. (b)

   for a category B, C, D or E offence—$30 000.

1. (2)

   A person who contravenes a mandatory provision of an environment protection policy is guilty of an offence.

Maximum penalty:

1. (a)

   for a category A offence—

   1. (i)

      in the case of a body corporate—$150 000;

   2. (ii)

      in the case of a natural person—$60 000;

2. (b)

   for a category B offence—$4 000;

3. (c)

   for a category C offence—$2 000;

4. (d)

   for a category D offence—$500;

5. (e)

   for a category E offence—$100.

Expiation fee:

1. (a)

   for a category B offence—$300;

2. (b)

   for a category C offence—$200;

3. (c)

   for a category D offence—$100;

4. (d)

   for a category E offence—$50.

1. (3)

   For the purposes of this section, contravention of a mandatory provision of an environment protection policy is a category A, B, C, D or E offence if the policy declares that such contravention will be an offence of that category.

2. (4)

   If in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.

Part 6Environmental authorisations and development authorisationsDivision 1Requirement for works approval35Requirement for works approval

1. (1)

   Subject to this section, a person must not carry out works for—

   1. (a)

      the construction or alteration of a building or structure for use for a prescribed activity of environmental significance; or

   2. (b)

      the installation or alteration of any plant or equipment for use for a prescribed activity of environmental significance,

except as authorised by an environmental authorisation in the form of a works approval under this Part.

Maximum penalty:

1. (a)

   in the case of a body corporate—$120 000;

2. (b)

   in the case of a natural person—$60 000.

1. (2)

   A works approval is not required under subsection (1) for—

   1. (a)

      works in respect of a building, structure, plant or equipment for use for an activity that is authorised by a licence under this Part; or

   2. (b)

      works for which development authorisation is required under the Planning, Development and Infrastructure Act 2016.

Division 2Requirement for licence36Requirement for licence

1. (1)

   A person must not undertake a prescribed activity of environmental significance except as authorised by an environmental authorisation in the form of a licence under this Part.

Maximum penalty:

1. (a)

   in the case of a body corporate—$120 000;

2. (b)

   in the case of a natural person—$60 000.

1. (2)

   The Authority may, by notice in writing, exempt a person undertaking a prescribed activity of environmental significance from subsection (1) if the Authority is satisfied that—

   1. (a)

      another person who is principally responsible for the activity will be authorised in accordance with that subsection to undertake the activity; and

   2. (b)

      the activity can be properly regulated through the authorisation granted to that other person.

2. (3)

   The Authority may, by notice in writing, revoke an exemption under subsection (2).

3. (4)

   The subsequent Divisions of this Part do not apply to an exemption under subsection (2).

Division 3Exemptions37Exemptions

Subject to this Act, a person may obtain an environmental authorisation in the form of an exemption exempting the person from the application of a specified provision of this Act in respect of a specified activity.

Division 4Grant, renewal, conditions and transfer of environmental authorisations38Applications for environmental authorisations

1. (1)

   An application for an environmental authorisation must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed application fee.

2. (2)

   The Authority may, as it considers appropriate, accept a single application from an applicant in respect of different activities of the applicant or activities of the applicant at different locations or may require separate applications.

3. (3)

   An application for an exemption may be combined with an application for some other environmental authorisation.

4. (4)

   Where the Authority requires further information to determine the application, the Authority may, by notice in writing served on the applicant no later than two months after the application is made, require the applicant to furnish further specified information in writing.

5. (5)

   Where further information is required in respect of an application, the application is to be taken not to have been duly made until the information is furnished as required by the Authority.

39Notice and submissions in respect of applications for environmental authorisations

1. (1)

   Subject to this section, the Authority must, on receipt of an application for the grant of an environmental authorisation—

   1. (a)

      cause public notice of the application to be published inviting interested persons to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days from the date on which the notice was published); and

   2. (b)

      if the application relates to an activity that is to be undertaken on a particular piece of land—cause notice of the application to be given to the owner or occupier of each piece of adjacent land, inviting the owner or occupier to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the owner or occupier).

2. (1aa)

   For the purposes of subsection (1)(a), public notice of the application may be published—

   1. (a)

      on a website determined by the Authority; or

   2. (b)

      in a newspaper circulating generally in the State,

(or both).

1. (1a)

   The Authority must, on receipt of an application for an environmental authorisation that would authorise an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, give notice of the application to the authority under that Act to whom an application for a permit for that activity would otherwise have to be made inviting the authority to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days after the notice is given to the authority).

2. (1b)

   Subsection (1a) does not apply in relation to an activity—

   1. (a)

      to which section 64(1a) applies; or

   2. (b)

      that is development for the purposes of the Planning, Development and Infrastructure Act 2016 and that is authorised by a development authorisation under that Act.

3. (2)

   The Authority must, if it considers it appropriate in the circumstances, cause the public notice to be published, in addition, in a local newspaper circulating in the area in which activity would be undertaken pursuant to the environmental authorisation if it were granted.

4. (3)

   Subsection (1) does not apply in relation to—

   1. (aa)

      an application for an exemption from the application of a provision of an environment protection policy if the environment protection policy provides that subsection (1) does not apply in relation to such applications; or

   2. (b)

      an application for a licence to conduct a waste transport business.

5. (4)

   Notice is not required to be given to an owner or occupier of adjacent land under subsection (1)(b) in circumstances prescribed by regulation.

6. (5)

   Where written submissions are made in response to a notice published or given under this section, the Authority must forward a copy of the submissions to the applicant and allow the applicant an opportunity to respond, in writing, to the submissions within a period specified by the Authority.

7. (6)

   A notice to be given to the owner or occupier of adjacent land under subsection (1)(b) may be given by addressing it to the "owner or occupier" and posting it to, or leaving it at, the adjacent land.

8. (7)

   In this section—

adjacent land, in relation to other land, means land—

inserted by 35/1997 s 14	2.7.1997
s 93(5)	amended by 21/2005 s 46(7)	1.7.2005
s 93(6)	amended by 21/2005 s 46(8), (9)	1.7.2005
s 93(7)	substituted by 21/2005 s 46(10)	1.7.2005
s 93(8)	amended by 21/2005 s 46(11)	1.7.2005
amended by 45/2017 Sch 2	14.11.2019
s 93(8aa)—(8ac)	inserted by 45/2017 s 28	28.11.2017
s 93(8a) and (8b)	inserted by 21/2005 s 46(12)	1.7.2005
s 93(9)	amended by 45/2017 Sch 2	14.11.2019
s 93A	inserted by 21/2005 s 47	1.7.2005
s 93A(1)	substituted by 45/2017 s 29(1)	28.11.2017
s 93A(3)	amended by 45/2017 s 29(2)	28.11.2017
s 93A(5)	amended by 45/2017 Sch 2	14.11.2019
s 93A(8)	amended by 45/2017 Sch 2	14.11.2019
s 94
s 94(1)	amended by 21/2005 s 48(1)—(3)	1.7.2005
s 94(2)	amended by 21/2005 s 48(4), (5)	1.7.2005
s 94(3)	amended by 21/2005 s 48(6)	1.7.2005
s 94(4)	amended by 21/2005 s 48(7), (8)	1.7.2005
s 94(4a)	inserted by 21/2005 s 48(9)	1.7.2005
amended by 35/2008 s 15	1.9.2008
s 94(4b)	inserted by 21/2005 s 48(9)	1.7.2005
s 94(5)	amended by 21/2005 s 48(10)	1.7.2005
amended by 45/2017 Sch 2	14.11.2019
s 94(6)	amended by 21/2005 s 48(11)	1.7.2005
s 94(7)	substituted by 21/2005 s 48(12)	1.7.2005
s 95
s 95(1)	amended by 21/2005 s 49(1)	1.7.2005
s 95(2)	substituted by 21/2005 s 49(2)	1.7.2005
s 95(3)	amended by 21/2005 s 49(3)	1.7.2005
s 95(4)	amended by 21/2005 s 49(4), (5)	1.7.2005
s 95(4a) and (4b)	inserted by 21/2005 s 49(6)	1.7.2005
s 95(5)	amended by 21/2005 s 49(7), (8)	1.7.2005
s 96
s 96(1)	amended by 21/2005 s 50(1), (2)	1.7.2005
s 96(2)	amended by 21/2005 s 50(3)	1.7.2005
s 96(3)	amended by 21/2005 s 50(4)	1.7.2005
s 96(4)	substituted by 21/2005 s 50(5)	1.7.2005
s 96(5)	amended by 45/2017 Sch 2	14.11.2019
s 97
s 97(1)	amended by 21/2005 s 51(1)	1.7.2005
s 97(2)	substituted by 21/2005 s 51(2)	1.7.2005
s 97(3)	amended by 21/2005 s 51(3)	1.7.2005
s 97(4)	amended by 21/2005 s 51(4), (5)	1.7.2005
s 98
s 98(2)	amended by 21/2005 s 52	1.7.2005
s 99
s 99(1)	amended by 21/2005 s 53(1), (2)	1.7.2005
s 99(2)	amended by 21/2005 s 53(3), (4)	1.7.2005
s 99(2a)	inserted by 35/1997 s 15	2.7.1997
amended by 34/2004 Sch 4 cl 12(1), (2)	1.7.2005
amended by 21/2005 s 53(5)	1.7.2005
amended by 33/2019 Sch 5 cl 15(1), (2)	1.7.2020
s 99(2b)	inserted by 35/1997 s 15	2.7.1997
s 99(5)	amended by 21/2005 s 53(6)	1.7.2005
s 99(6)	amended by 21/2005 s 53(7), (8)	1.7.2005
s 99(7)	substituted by 21/2005 s 53(9)	1.7.2005
s 99(8)	amended by 45/2017 Sch 2	14.11.2019
s 99(9) and (10)	inserted by 21/2005 s 53(10)	1.7.2005
s 101
s 101(1)	amended by 21/2005 s 54(1)	1.7.2005
amended by 35/2008 s 16(1)	1.9.2008
s 101(3)	amended by 35/2008 s 16(2)	1.9.2008
s 101(4)	amended by 35/2008 s 16(3)	1.9.2008
s 101(5)	amended by 35/2008 s 16(4)	1.9.2008
s 101(5a)	inserted by 21/2005 s 54(2)	1.7.2005
amended by 35/2008 s 16(5)	1.9.2008
s 101(5b)	inserted by 21/2005 s 54(2)	1.7.2005
s 101(6)	amended by 35/2008 s 16(6)	1.9.2008
amended by 45/2017 Sch 2	14.11.2019
s 101(7) and (8)	substituted by 35/2008 s 16(7)	1.9.2008
s 102
s 102(1)	amended by 35/2008 s 17(1)	1.9.2008
s 102(2)	substituted by 35/2008 s 17(2)	1.9.2008
s 102(3)	amended by 35/2008 s 17(3)	1.9.2008
s 103
s 103(1)	substituted by 35/2008 s 18(1)	1.9.2008
s 103(2a)	inserted by 21/2005 s 55	1.7.2005
substituted by 35/2008 s 18(2)	1.9.2008
s 103(2b)	inserted by 21/2005 s 55	1.7.2005
amended by 35/2008 s 18(3)	1.9.2008
s 103(3)	amended by 35/2008 s 18(4), (5)	1.9.2008
Pt 10A	inserted by 44/2007 s 11	10.12.2007—except Divs 1—3—1.7.2009
Pt 10A Div 2
s 103D
s 103D(4)	amended by 5/2017 s 38	19.3.2021
Pt 10A Div 3
s 103H
s 103H(4)	amended by 33/2019 Sch 5 cl 16(1), (2)	1.7.2020
s 103H(6)	amended by 45/2017 Sch 2	14.11.2019
s 103J
s 103J(4)	amended by 33/2019 Sch 5 cl 17(1), (2)	1.7.2020
s 103J(11)	amended by 45/2017 Sch 2	14.11.2019
s 103N
s 103N(1)	amended by 35/2008 s 19	1.9.2008
s 103O
s 103O(6)	amended by 45/2017 Sch 2	14.11.2019
s 103S
s 103S(3)	amended by 45/2017 Sch 2	14.11.2019
Pt 10A Div 4	inserted by 44/2007 s 11	20.11.2008—except ss 103U & 103W—1.7.2009
s 103U	amended by 45/2017 Sch 2	14.11.2019
s 103V
s 103V(2)	amended by 51/2017 s 77(1)	22.2.2018
s 103V(4)	inserted by 51/2017 s 77(2)	22.2.2018
s 103W
s 103W(1) and (2)	amended by 45/2017 Sch 2	14.11.2019
s 103X
s 103X(2) and (3)	amended by 45/2017 Sch 2	14.11.2019
s 103Y
s 103Y(1)	amended by 45/2017 Sch 2	14.11.2019
s 103Y(3)	amended by 45/2017 Sch 2	14.11.2019
s 103Z
s 103Z(1) and (2)	amended by 45/2017 Sch 2	14.11.2019
s 103Z(4)	amended by 45/2017 Sch 2	14.11.2019
Pt 10A Div 4A
s 103ZA	amended by 45/2017 Sch 2	14.11.2019
s 103ZB	amended by 45/2017 Sch 2	14.11.2019
Pt 11
heading	substituted by 21/2005 s 56	1.7.2006
s 104
s 104(1)	amended by 44/2007 s 12	1.7.2009
s 104(7)	amended by 21/2005 s 57(1)	1.7.2005
amended by 17/2006 s 110(1)	4.9.2006
s 104(8)	amended by 17/2006 s 110(2)	4.9.2006
s 104(11)	amended by 17/2006 s 110(3), (4)	4.9.2006
s 104(14)	amended by 17/2006 s 110(5)	4.9.2006
s 104(23)	inserted by 21/2005 s 57(2)	1.7.2005
s 104A	inserted by 21/2005 s 58	1.7.2006
Pt 12
s 105
s 105(2)	substituted by 21/2005 s 59(1)	1.7.2005
s 105(3)	amended by 21/2005 s 59(2)	1.7.2005
s 105(4)	amended by 21/2005 s 59(3), (4)	1.7.2005
Pt 13
s 106
s 106(1)	amended by 21/2005 s 60(1), (2)	1.7.2005
amended by 35/2008 s 20	1.9.2008
amended by 44/2007 s 13(1)	1.7.2009
amended by 22/2010 s 8	18.11.2012
s 106(3)	amended by 44/2007 s 13(2)	1.7.2009
s 108
s 108(1)	s 108 redesignated as s 108(1) by 21/2005 s 61	1.7.2005
s 108(2)	inserted by 21/2005 s 61	1.7.2005
Pt 14
s 109
s 109(3)	amended by 21/2005 s 62(1)—(3)	1.7.2005
amended by 21/2005 s 62(4)	1.7.2006
amended by 44/2007 s 14	20.11.2008 except (i)—(id)—1.7.2009
amended by 22/2010 s 9	18.11.2012
amended by 5/2017 s 39	19.3.2021
s 109(3a)	inserted by 21/2005 s 62(5)	1.7.2005
s 109(7)	inserted by 21/2005 s 62(6)	1.7.2005
Pt 15
s 110	amended by 88/2000 Sch 1 cl 1	2.4.2001
amended by 23/2004 Sch 1	1.9.2004
s 111
s 111(4)	inserted by 21/2005 s 63	1.7.2005
s 112
s 112(3)	amended by 35/2003 Sch cl 6(b)	24.11.2003
s 112(5) and (6)	inserted by 21/2005 s 64	1.7.2005
s 115	substituted by 35/2008 s 21	1.9.2008
s 116	amended by 21/2005 s 65(1)—(3)	1.7.2005
s 117
s 117(2)	amended by 43/2002 s 20(a)	10.4.2003
s 117(3)	amended by 43/2002 s 20(b)	10.4.2003
s 118
s 118(1)	amended by 35/1997 s 16	2.7.1997
amended by 21/2005 s 66(1)	1.7.2005
s 118(2)	amended by 21/2005 s 66(2)	1.7.2005
amended by 35/2008 s 22	1.9.2008
s 119	amended by 21/2005 s 67	1.7.2005
amended by 45/2017 s 30	28.11.2017
s 120	substituted by 21/2005 s 68	1.7.2005
s 120A	inserted by 11/1997 s 4	1.5.1997
substituted by 21/2005 s 68	1.7.2005
s 120A(1)	amended by 45/2017 Sch 2	14.11.2019
s 121	amended by 57/2016 s 64	1.2.2017
amended by 45/2017 Sch 2	14.11.2019
s 122 before deletion by 84/2009
s 122(1)	amended by 43/2002 s 21	10.4.2003
amended by 21/2005 s 69(1)	1.7.2005
s 122(3)	amended by 21/2005 s 69(2)	1.7.2005
s 122	deleted by 84/2009 s 117	1.2.2010
s 124
s 124(1)	substituted by 21/2005 s 70(1)	1.7.2006
s 124(2)	amended by 21/2005 s 70(2)	1.7.2006
s 124(4)	amended by 21/2005 s 70(3), (4)	1.7.2006
s 125	substituted by 21/2005 s 71	1.7.2005
s 126	amended by 21/2005 s 72	1.7.2006
s 127
s 127(1)	amended by 21/2005 s 73	1.7.2006
s 128
s 128(1)	amended by 21/2005 s 74	1.7.2006
ss 129 and 130	substituted by 21/2005 s 75	1.7.2005
s 133
s 133(1)	amended by 21/2005 s 76(1)	1.7.2006
s 133(1a)	inserted by 43/2002 s 22(a)	10.4.2003
amended by 21/2005 s 76(2), (3)	1.7.2006
s 133(1b)	inserted by 43/2002 s 22(a)	10.4.2003
amended by 21/2005 s 76(4)	1.7.2006
s 133(3)	inserted by 43/2002 s 22(b)	10.4.2003
s 135	amended by 35/1997 s 17	2.7.1997
substituted by 21/2005 s 77	1.7.2005
s 135(4)	amended by 45/2017 Sch 2	14.11.2019
s 135A	inserted by 35/2018 s 63	1.7.2019
s 136	amended by 21/2005 s 78	1.7.2005
s 137A	inserted by 21/2005 s 79	1.7.2005
s 138
s 138(1)	amended by 35/1997 s 18	2.7.1997
amended by 21/2005 s 80	1.7.2005
s 139
s 139(1)	amended by 35/1997 s 19(a)	2.7.1997
amended by 21/2005 s 81(1), (2)	1.7.2005
s 139(2)	amended by 21/2005 s 81(3), (4)	1.7.2005
s 139(3a)	inserted by 45/2017 s 31(1)	28.11.2017
s 139(4)	substituted by 21/2005 s 81(5)	1.7.2005
s 139(4a)	inserted by 45/2017 s 31(2)	28.11.2017
s 139(6)	amended by 35/1997 s 19(b)	2.7.1997
amended by 21/2005 s 81(6)	1.7.2005
s 140
s 140(2)	amended by 21/2005 s 82	1.7.2005
amended by 45/2017 s 32(1)—(3)	28.11.2017
s 140(3)	amended by 45/2017 s 32(4), (5)	28.11.2017
s 140(3a)	inserted by 45/2017 s 32(6)	28.11.2017
s 140(8)	deleted by 18/1994 Sch cl 2	1.5.1995
Sch 1
Pt AA	inserted by 1/2019 r 4(1)	1.6.2019
Pt A
cl A2	inserted by 1/2019 r 4(2)	1.6.2019
cl 1
cl 1(1)	amended by 181/1994 r 4(a)	1.5.1995
cl 1(2)	substituted by 181/1994 r 4(b)	1.5.1995
amended by 311/2020 r 4(1)	1.4.2021
cl 1(4)	deleted by 1/2019 r 4(3)	1.6.2019
cl 1(5)	substituted by 1/2019 r 4(4)	1.6.2019
cl 1(5a)	inserted by 35/2018 s 64	1.1.2020
cl 1(6)	amended by 181/1994 r 4(c)	1.5.1995
substituted by 1/2019 r 4(5)	1.6.2019
cl 2
cl 2(2)	amended by 1/2019 r 4(6)	1.6.2019
cl 2(6)	substituted by 1/2019 r 4(7)	1.6.2019
cl 2(11)	deleted by 1/2019 r 4(8)	1.6.2019
cl 2(12)	amended by 181/1994 r 4(d)	1.5.1995
amended by 1/2019 r 4(9)	1.6.2019
cl 2(13)	amended by 1/2019 r 4(10)	1.6.2019
cl 2(14) and (15)	inserted by 181/1994 r 4(e)	1.5.1995
cl 3 before substitution by 1/2019
cl 3(2)	substituted by 181/1994 r 4(f)	1.5.1995
amended by 161/2001 r 4(a)	28.6.2001
cl 3(3)	substituted by 181/1994 r 4(f)	1.5.1995
(e)(i)(A) deleted by 35/2008 s 23(1)	1.9.2008
amended by 35/2008 s 23(2), (3)	1.9.2008
cl 3(4)	amended by 181/1994 r 4(g)	1.5.1995
amended by 21/2005 s 83(1)	1.7.2005
cl 3	substituted by 1/2019 r 4(11)	1.6.2019
cl 4	substituted by 181/1994 r 4(h)	1.5.1995
cl 4(2)	amended by 5/2017 s 40(1)	uncommenced—not incorporated
amended by 1/2019 r 4(12)	1.6.2019
amended by 5/2017 s 40(2)	19.3.2021
cl 5	heading amended by 66/2001 Sch cl 1(a)	1.7.2002
cl 5(1)	substituted by 181/1994 r 4(i)	1.5.1995
amended by 161/2001 r 4(b)	28.6.2001
cl 5(2)	amended by 181/1994 r 4(j)	1.5.1995
deleted by 66/2001 Sch cl 1(b)	1.7.2002
cl 5(3)	amended by 181/1994 r 4(k)	1.5.1995
cl 5(4)	inserted by 181/1994 r 4(l)	1.5.1995
amended by 33/1995 r 4(a), (b)	1.5.1995
amended by 161/2001 r 4(c)	28.6.2001
substituted by 1/2019 r 4(13)	1.6.2019
cl 5(5)	inserted by 311/2020 r 4(2)	1.4.2021
cl 6
cl 6(1)	substituted by 181/1994 r 4(m)	1.5.1995
amended by 252/2007 r 4	29.11.2007
amended by 1/2019 r 4(14)	1.6.2019
cl 6(3)	deleted by 1/2019 r 4(15)	1.6.2019
cl 6(4)	amended by 181/1994 r 4(n)	1.5.1995
amended by 33/1995 r 4(c)	1.5.1995
substituted by 1/2019 r 4(16)	1.6.2019
cl 6(5)	amended by 181/1994 r 4(o)	1.5.1995
cl 6(6)	substituted by 181/1994 r 4(p)	1.5.1995
amended by 1/2019 r 4(17)	1.6.2019
cl 6(9)	amended by 181/1994 r 4(q)	1.5.1995
cl 6(10)	amended by 181/1994 r 4(r)	1.5.1995
cl 6(11)	inserted by 181/1994 r 4(s)	1.5.1995
amended by 161/2001 r 4(d)	28.6.2001
cl 7
cl 7(2)	substituted by 229/2001 r 4	11.10.2001
amended by 40/2012 Sch 6 cl 5	1.1.2013
amended by 1/2019 r 4(18)	1.6.2019
amended by 5/2017 s 40(3)	19.3.2021
cl 7(3)	amended by 181/1994 r 4(t), (u)	1.5.1995
cl 7(4)	amended by 181/1994 r 4(v)	1.5.1995
cl 7(6)	inserted by 181/1994 r 4(w)	1.5.1995
amended by 1/2019 r 4(19)	1.6.2019
cl 7(7)	inserted by 181/1994 r 4(w)	1.5.1995
cl 8
cl 8(1)	amended by 181/1994 r 4(x)	1.5.1995
cl 8(2)	amended by 181/1994 r 4(y)	1.5.1995
cl 8(3)	substituted by 181/1994 r 4(z)	1.5.1995
amended by 21/2005 s 83(2)	1.7.2005
cl 8(4)	substituted by 181/1994 r 4(z)	1.5.1995
cl 8(5)	amended by 181/1994 r 4(aa)	1.5.1995
cl 8(6)	amended by 181/1994 r 4(ab)	1.5.1995
cl 8(6a)	inserted by 227/2013 r 4(1)	30.11.2013
cl 8(7)	inserted by 181/1994 r 4(ac)	1.5.1995
amended by 227/2013 r 4(2)	30.11.2013
cl 8(8)	inserted by 1/2019 r 4(20)	1.6.2019
cl 8(9)	inserted by 311/2020 r 4(3)	1.4.2021
Pt B	substituted by 1/2019 r 4(21)	1.6.2019
Sch 2 before deletion by 21/2005
cl 5
cl 5(3a)	inserted by 11/1997 s 5	1.5.1995
cl 5(10)	inserted by 35/1997 s 20(a)	2.7.1997
cl 6	inserted by 35/1997 s 20(b)	2.7.1997
Sch 2	deleted by 21/2005 s 84	1.7.2005

Transitional etc provisions associated with Act or amendments

Environment Protection (Miscellaneous) Amendment Act 2005, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—

Minister means the Minister responsible for the administration of the principal Act;

principal Act means the Environment Protection Act 1993.

2—Environment, Resources and Development Committee to conduct inquiry into administering agencies

The Environment, Resources and Development Committee of the Parliament must, not less than 2 years after the commencement of section 17, inquire into, consider and report on the role and functions of administering agencies (other than the Environment Protection Authority) under the principal Act as amended by this Act.

3—Amendment of environment protection policies by notice

1. (1)

   The Minister may, by notice in the Gazette, amend an environment protection policy—

   1. (a)

      to substitute, for references in the policy to a "Category C offence", references to a "Category D offence"; or

   2. (b)

      to add to the policy references to another "administering agency" so that they appear in the alternative to references to the "Authority".

2. (2)

   An amendment under subclause (1) comes into operation on the day fixed in the notice of the amendment.

4—Environment protection policies in force under section 28A

The following provisions apply in relation to an environment protection policy in operation immediately before the commencement of section 22 by virtue of section 28A(1) of the principal Act:

1. (a)

   on the commencement of section 22, the environment protection policy continues in operation as an environment protection policy made under the principal Act;

2. (b)

   after the commencement of section 22, the normal procedure for making environment protection policies does not apply in relation to a draft environment protection policy—

   1. (i)

      that revokes and replaces the environment protection policy if the Minister is satisfied that—

      1. (A)

         the draft environment protection policy covers the same subject matter as the policy it is revoking; and

      2. (B)

         the only substantive changes relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary or appropriate for the application of the policy in this jurisdiction; or

   2. (ii)

      that revokes the environment protection policy if the Minister is satisfied that an environment protection policy is not required for the implementation of the relevant national environment protection measure;

3. (c)

   the Minister may refer a draft policy referred to in paragraph (b) directly to the Governor.

Environment Protection (Miscellaneous) Amendment Act 2008, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—

principal Act means the Environment Protection Act 1993.

2—Classes of containers approved under repealed provisions

1. (1)

   An approval of a class of containers as category A containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category A containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

2. (2)

   An approval of a class of containers as category B containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category B containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

3—Refund markings approved under repealed provisions

An approval of a refund marking in relation to a class of containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as if it were a marking specified by the Authority as a condition of approval in relation to that class of containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

4—Continuation of collection depot approvals

An approval of a collection depot in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval in respect of the collection depot under section 69 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

5—Super collectors

A person who carried on a business as a super collector immediately before the commencement of this clause is, if the person has made an application in a manner and form determined by the Authority accompanied by the prescribed fee and any information requested by the Authority, entitled to the grant, on that commencement, of an approval under section 69 of the principal Act as amended by this Act to carry on business as a super collector subject to conditions determined by the Authority.

Statutes Amendment (Budget 2010) Act 2010

10—Transitional provision

If, immediately before the commencement of this section, a person holds an environmental authorisation granted or renewed by the Authority under the Environment Protection Act 1993 purportedly as a sustainability licence or accredited sustainability licence, the environmental authorisation will be taken to have been endorsed under Part 6A of that Act as a sustainability licence on the basis of the measures, auditing programme and review programme specified in connection with the purported sustainability licence or accredited sustainability licence.

Environment Protection (Variation of Act, Schedule 1) (Waste Reform) Regulations 2019 (No 1 of 2019), Sch 1—Transitional provisions

1—Interpretation

In this Schedule, unless the contrary intention appears—

existing licensee means a person who, immediately before the commencement of this clause, held a licence to undertake a prescribed activity of environmental significance under old Schedule 1;

licence has the same meaning as in the principal Act;

new Schedule 1 means Schedule 1 of the principal Act as amended by these regulations;

old Schedule 1 means Schedule 1 of the principal Act as in force immediately before the commencement of these regulations;

principal Act means the Environment Protection Act 1993.

2—Licences to continue

1. (1)

   Subject to subclause (2), a licence that, immediately before the commencement of this clause, authorised a person to undertake a prescribed activity of environmental significance under old Schedule 1, continues after that commencement as a licence to undertake the same activity under new Schedule 1 (despite the fact that it may be differently described or numbered under new Schedule 1) and is subject to the same conditions as those applying immediately before that commencement.

2. (2)

   The Authority may, on the Authority's own initiative or on application by an existing licensee—

   1. (a)

      grant a new licence to the person; or

   2. (b)

      revoke an existing licence; or

   3. (c)

      by notice in writing to the licensee given within 2 years after the commencement of this clause—

      1. (i)

         vary the terminology or numbering in the existing licence; or

      2. (ii)

         impose or vary a condition of the existing licence,

if, in the opinion of the Authority, it is necessary or desirable to do so as a consequence of the variation of Schedule 1 of the principal Act by these regulations.

1. (3)

   The Authority is not required to grant a licence, or impose or vary a condition of a licence, on application by an existing licensee under this clause except on application and payment of the appropriate fees under Part 6 of the principal Act.

2. (4)

   If the Authority takes action under subclause (2) on its own initiative, the Authority may dispense with the requirement for applications and payment of fees as it considers appropriate.

3. (5)

   Public notice is not required to be given under Part 6 of the principal Act in respect of a licence that is granted or varied pursuant to this clause.

4. (6)

   A licence granted pursuant to this clause is, except as specified in this clause, subject to the principal Act.

5. (7)

   For the avoidance of doubt, a reference in this clause to a condition of a licence includes a reference to a term of a licence, or an authorisation or any other right or limitation set out in a licence.

3—Approvals relating to management of tyre waste

1. (1)

   An approval by the Authority under Schedule 1 Part A clause 3(3)(f) of the principal Act as in force immediately before the commencement of this clause in relation to the manner of handling and disposal of waste tyres or tyre pieces will be taken, on and from that commencement, to be a prescribed approved activity of a kind specified in paragraph (f) of the definition of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations.

2. (2)

   The approval (as continued by virtue of subclause (1)) is subject to the same conditions (if any) as those applying immediately before the commencement of this clause.

4—Determinations that environmental authorisation not justified

A determination by the Authority under Schedule 1 Part A clause 3(3)(i), 3(4)(y) or 7(2)(f) of the principal Act as in force immediately before the commencement of this clause that the requirement of an environmental authorisation under Part 6 would not be justified in relation to an activity will be taken, on and from that commencement, to be a determination by the Authority that an environmental authorisation is not justified in respect of the activity having regard to the prescribed factors (within the meaning of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations).

Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 4

65—Transitional provisions

1. (1)

   Subject to this section, the Authority must, despite the provisions of Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a petrol station within the meaning of Schedule 1 Part A clause 1(5a) of the principal Act as amended by this Part (to have effect from the commencement of this Part), if, immediately before the commencement of this Part, the retail sale of petroleum products from that petrol station was authorised under a licence pursuant to Part 2 of the Petroleum Products Regulation Act 1995.

2. (2)

   The Authority is not required to grant a licence under this section except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act.

3. (3)

   A licence granted pursuant to this section—

   1. (a)

      has effect for a term of 2 years or such shorter or longer term as may be determined by the Authority and specified in the licence; and

   2. (b)

      is—

      1. (i)

         except as specified in this section—subject to the principal Act; and

      2. (ii)

         subject to any conditions of the licence imposed by the Authority under Part 6 of the principal Act and specified in the licence.

4. (4)

   Notice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this section.

5. (5)

   In this section—

petroleum product has the same meaning as in the Petroleum Products Regulation Act 1995;

principal Act means the Environment Protection Act 1993.

Environment Protection (Variation of Act, Schedule 1) Regulations 2020 (No 311 of 2020), Sch 1

1—Transitional provision

1. (1)

   The Authority must, despite Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a broiler farm within the meaning of Schedule 1 Part A clause 5(5) of the principal Act as inserted by these regulations (to have effect from the commencement of this clause), if the applicant for the licence is, immediately before the commencement of this clause, an accredited poultry grower under the Primary Produce (Food Safety Schemes) (Meat) Regulations 2017 in respect of the business of growing poultry at the broiler farm.

2. (2)

   The Authority is not required to grant a licence pursuant to this clause except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act.

3. (3)

   A licence granted under this clause—

   1. (a)

      has effect for a term determined by the Authority; and

   2. (b)

      is—

      1. (i)

         except as specified in this clause—subject to the principal Act; and

      2. (ii)

         subject to any conditions of the licence imposed by the Authority under Part 6 of the Act and specified in the licence.

4. (4)

   Public notice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this clause.

5. (5)

   In this clause—

principal Act means the Environment Protection Act 1993.

Historical versions

Reprint No 1—1.5.1995

Reprint No 2—1.7.1995

Reprint No 3—4.4.1996

Reprint No 4—2.1.1997

Reprint No 5—2.3.1997

Reprint No 7—1.5.1997

Reprint No 8—2.7.1997

Reprint No 9—29.7.1999

Reprint No 10—2.4.2001

Reprint No 11—14.6.2001

Reprint No 12—28.6.2001

Reprint No 13—11.10.2001

Reprint No 14—1.7.2002

Reprint No 15—10.4.2003

Reprint No 16—24.11.2003

7.5.2004

1.9.2004

1.7.2005

1.7.2006

4.9.2006

1.6.2007

29.11.2007

10.12.2007

7.8.2008

1.9.2008

6.11.2008

20.11.2008

1.7.2009

1.2.2010

18.11.2012

1.1.2013

30.11.2013

1.2.2017

22.6.2017

28.11.2017

22.2.2018

1.6.2019

1.7.2019

3.10.2019

14.11.2019

1.1.2020

18.6.2020

1.7.2020

19.3.2021

1.4.2021

9.9.2021

11.2.2023