Environment Protection (Objects of Act and Board Attributes) Amendment Act 2023 (SA)

South Australia

Environment Protection (Objects of Act and Board Attributes) Amendment Act 2023

An Act to amend the Environment Protection Act 1993.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Environment Protection (Objects of Act and Board Attributes) Amendment Act 2023.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

Part 2Amendment of Environment Protection Act 19933Amendment of section 3 – Interpretation

1. (1)

   Section 3(1)—after the definition of clean‑up order insert:

   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;

2. (2)

   Section 3(1)—after the definition of the general environmental duty insert:

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

4Amendment of section 10 – Objects of Act

1. (1)

   Section 10(1)(ab)—after "development" insert:

   and the need for climate change adaptation and climate change mitigation

2. (2)

   Section 10(1)(b)(i)(A)—after "technologies" insert:

   , climate change adaptation, climate change mitigation

3. (3)

   Section 10(1)(b)(ii)—after "harm" insert:

   , address climate change adaptation and climate change mitigation

4. (4)

   Section 10(1)(b)(iv)—after "environmental harm" insert:

   and climate change

5. (5)

   Section 10(1)(b)—after subparagraph (v) insert:

   1. (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;

5Amendment of section 14B – Board of Authority

Section 14B(5)—after paragraph (c) insert:

1. (ca)

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