Environment Protection (Environmental Authorisations—Fees) Variation Regulations 2020 (SA)
South Australia
Environment Protection (Environmental Authorisations—Fees) Variation Regulations 2020
under the Environment Protection Act 1993
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Environment Protection Regulations 2009
4 Variation of Schedule 2—Environmental authorisations—application and authorisation fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the Environment Protection (Environmental Authorisations—Fees) Variation Regulations 2020.
2—Commencement
These regulations come into operation on 1 April 2021.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Environment Protection Regulations 2009
4—Variation of Schedule 2—Environmental authorisations—application and authorisation fees
Schedule 2, clause 8(2)—after paragraph (h) insert:
(i)for an activity specified in clause 8(9) of Schedule 1 Part A of the Act (Pumped hydroelectricity production works) both of the following measures:
(i)a lining system for the water reservoir at the works or facility (for example, high density polyethylene lining or a lining with an equivalent level of impermeability) for preventing the contamination of surrounding land and waters from the storage of water used in the production of hydroelectricity;
(ii)a system enabling the detection of leakage of water into surrounding land or waters from the water reservoir at the works or facility used to store water used in the production of hydroelectricity.
Schedule 2, clause 8—after subclause (2) insert:
(3)For the purposes of the item relating to clause 8(9) of the Act in the table in clause 9 of this Part—
category 1 pumped hydroelectricity works or facility means a pumped hydroelectricity works or facility—
(a)at which the water used in the hydroelectricity production process has a salinity of 1 200 milligrams of total dissolved solids per litre or more; and
(b)in respect of which the Authority has determined, in accordance with guidelines issued by the Authority, that there is, or is reasonable potential for, acid rock drainage into nearby underground, surface or marine waters as a result of the hydroelectricity production process at the works or facility;
category 2 pumped hydroelectricity works or facility means a pumped hydroelectricity works or facility—
(a)at which the water used in the hydroelectricity production process has a salinity of less than 1 200 milligrams of total dissolved solids per litre; and
(b)in respect of which the Authority has determined, in accordance with guidelines issued by the Authority, that there is, or is reasonable potential for, acid rock drainage into nearby underground, surface or marine waters as a result of the hydroelectricity production process at the works or facility.
(4)In subclause (3)—
surface waters means waters other than underground waters;
underground waters means—
(a)waters occurring naturally under the ground; or
(b)waters introduced to an aquifer or other area under the ground including water pumped, diverted or released into a well for storage underground.
Schedule 2, clause 9, table, entry relating to clause 1 (Petroleum and chemical)—after the item relating to clause 1(2)(b) insert:
cl 1(2)(c)
Chemical works (hydrogen production)
8
Schedule 2, clause 9, table, entry relating to clause 5 (Animal husbandry, aquaculture and other activities)—after the item relating to clause 5(4) insert:
cl 5(5)
Poultry farm comprising a broiler farm—
(a) where the total area of the sheds or structures used to keep the poultry is 13 500 square metres or more but less than 27 000 square metres
2
(b) where the total area of the sheds or structures used to keep the poultry is 27 000 square metres or more but less than 54 000 square metres
3
(c) where the total area of the sheds or structures used to keep the poultry is 54 000 square metres or more
4
Schedule 2, clause 9, table, entry relating to clause 8 (Other)—after the item relating to clause 8(8) insert:
cl 8(9)
Pumped hydroelectricity production works comprising—
(a) works or a facility located in whole or in part in a water protection area—
(i) in the case of a category 1 pumped hydroelectricity works or facility—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
26
(B) in any other case
37
(ii) in the case of a category 2 pumped hydroelectricity works or facility—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
23
(B) in any other case
34
(iii) in the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of 1 200 milligrams of total dissolved solids per litre or more—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
15
(B) if the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility
15
(C) in any other case
26
(iv) in the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of less than 1 200 milligrams of total dissolved solids per litre—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
12
(B) if the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility
12
(C) in any other case
23
(b) works or a facility located outside a water protection area—
(i) in the case of a category 1 pumped hydroelectricity works or facility—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
23
(B) in any other case
34
(ii) in the case of a category 2 pumped hydroelectricity works or facility—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
20
(B) in any other case
31
(iii) in the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of 1 200 milligrams of total dissolved solids per litre or more—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
12
(B) if the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility
12
(C) in any other case
23
(iv) in the case of a pumped hydroelectricity works or facility (other than a category 1 or category 2 pumped hydroelectricity works or facility) at which the water used in the hydroelectricity production process has a salinity of less than 1 200 milligrams of total dissolved solids per litre—
(A) if the licensee satisfies the Authority of the existence of an effective prescribed environmental measure for the works or facility
9
(B) if the licensee satisfies the Authority that a prescribed environmental measure is not required for the works or facility
9
(C) in any other case
20
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 17 December 2020
No 312 of 2020
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