Environment Protection (Exempt Classes of Persons and Activities) Variation Regulations 2005 (SA)

South Australia

Environment Protection (Exempt Classes of Persons and Activities) Variation Regulations 2005

under the Environment Protection Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Environment Protection (Exempt Classes of Persons and Activities) Regulations 2001

1. Substitution of Schedule

   Schedule 1—Exempt classes of persons and activities

   Part 1—Exemption of electricity generation

   1Exemption from item 4(c) of Schedule of Environment Protection (Air Quality) Policy 1994

   Part 2—Exemption of irrigated agriculture

   2Interpretation

   3Exemption from clause 13 of Environment Protection (Water Quality) Policy 2003

   4Expiry of Part

   Schedule 2—Map

Part 1—Preliminary

1—Short title

These regulations may be cited as the Environment Protection (Exempt Classes of Persons and Activities) Variation Regulations 2005.

2—Commencement

These regulations come into operation on the day on which they are made.

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 (Exempt Classes of Persons and Activities) Regulations 2001

4—Substitution of Schedule

Schedule—delete the Schedule and substitute:

Schedule 1—Exempt classes of persons and activities

Part 1—Exemption of electricity generation

1—Exemption from item 4(c) of Schedule of Environment Protection (Air Quality) Policy 1994

The generation of electricity by gas turbines located outside Metropolitan Adelaide (as defined in the Development Act 1993) is exempt from the application of item 4(c) of the Schedule of the Environment Protection (Air Quality) Policy 1994.

Part 2—Exemption of irrigated agriculture

2—Interpretation

In this Part—

irrigated agriculture—a person undertakes irrigated agriculture if the person—

(a)undertakes flood irrigation for the commercial production of livestock, pastures or crops on land; or

(b)engages in farm management practices that include the discharge of polluted water (other than a discharge regulated under the Code of Practice for Milking Shed Effluent 2003, published by the Authority); or

(c)undertakes the maintenance and operation of irrigation drainage channels for the reception, delivery and discharge of water or undertakes activities as an irrigation authority under the Irrigation Act 1994;

Lower Murray Reclaimed Irrigation Area means that portion of the land lying within the area bounded in bold in the map in schedule 2 (which area is more particularly defined in GRO Plan No 572/1990) situated between the following geographic coordinates:

(a)northern extent 346700E, 6135900N; and

(b)southern extent 353200E; 6086700N;

prescribed pollutant means—

(a)Biochemical Oxygen Demand (5 day test)

(b)colour (Hazen units)

(c)ammonia (total as nitrogen)

(d)ammonia (NH3 as nitrogen)

(e)oxidised nitrogen (as nitrogen)

(f)phosphorus (total as phosphorus)

(g)phosphorus (soluble as phosphorus)

(h)suspended sediment

(i)total nitrogen (as nitrogen)

(j)total organic carbon

(k)turbidity (Nephelometric Turbidity Units (NTU))

(l)faecal coliforms or E.coli

(m)Enterococci

3—Exemption from clause 13 of Environment Protection (Water Quality) Policy 2003

(1)A person undertaking irrigated agriculture within the Lower Murray Reclaimed Irrigation Area is exempt from the application of clause 13 of the Environment Protection (Water Quality) Policy 2003 subject to the following conditions:

(a)the person must comply with environmental guidelines for the Lower Murray Reclaimed Irrigation Area, published by the Authority;

(b)the person must comply with an environment improvement and management program, approved by the Authority, to address potential impacts on water quality in the River Murray in relation to activities undertaken by the person.

(2)However, a person undertaking irrigated agriculture within the Lower Murray Reclaimed Irrigation Area is only exempt from the application of clause 13 of the Environment Protection (Water Quality) Policy 2003 in respect of the discharge of a prescribed pollutant.

4—Expiry of Part

This part will expire on 31 December 2008.

Schedule 2—Map

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's Deputy

with the advice and consent of the Executive Council

on 7 July 2005

No 162 of 2005

ECO5/0006CS