Environment Protection Regulations 2009 (SA)
South Australia
under the
These regulations may be cited as the
Environment Protection Regulations 2009 .
(1) In these regulations, unless the contrary intention appears—
accreditation , in relation to a site contamination auditor, means accreditation under Part 5 Division 2;
accreditation committee means a committee established by the Board under section 17 of the Act to advise the Authority in relation to accreditation of site contamination auditors;
accredited activity means a prescribed activity of environmental significance carried on by a licensee in respect of which accreditation is granted under regulation 36;
Act means theEnvironment Protection Act 1993 ;
Adelaide airshed means the area described in Schedule 2 clause 2;
agriculture includes horticulture;
approved estimation or monitoring technique for an activity means—
(a) an estimation technique set out in an EET manual for the activity; or
(b) a technique or method approved by the Authority for the activity by condition of licence or otherwise;
approved weighbridge means a weighbridge—
(a) that is operated in accordance with a licence issued under the
National Measurement Act 1960 of the Commonwealth; or(b) that is approved by the Authority under regulation 69;
asbestos includes unbound or friable asbestos and bound or non‑friable asbestos;
assessable site —see subregulation (2);
assessable vehicle —each vehicle approved by the Authority for the transport of waste under a licence that authorises a waste transport business is to be taken to be an assessable vehicle;
copper means copper and its compounds;
designated air pollutant means sulphur dioxide, nitrogen oxides, particulates, volatile organic compounds or lead, but does not include ethanol emitted in the course of a prescribed activity of environmental significance specified in Schedule 1 clause 6(2) or (11) of the Act (breweries, wineries and distilleries);
designated water pollutant means—
(a) heat, suspended solids, nitrogen, phosphorus, organic matter, zinc, lead or copper discharged in the course of any prescribed activity of environmental significance; or
(b) salt discharged in the course of a desalination plant;
dredging means the prescribed activity of environmental significance specified in Schedule 1 clause 7(4) of the Act;
earthworks drainage means the prescribed activity of environmental significance specified in Schedule 1 clause 7(6) of the Act;
EET manual for an activity means a manual setting out techniques for making estimates in relation to the activity published by the Commonwealth for the purposes of the National Pollutant Inventory—see management component means the environment management component of an annual authorisation fee for a licence (see regulation 30 and Schedule 2 Part 2);
EPA odour criteria means the criteria specified inEPA Guideline 373/06Odour assessment using odour source modelling as issued by the Authority in April 2007;
fee unit —see Schedule 4 clause 1;
flat fee component means the flat fee component of an annual authorisation fee for a licence (see regulation 28);
green waste means waste comprised of plants or plant matter, including leaves, twigs, branches, tree trunks, prunings, grass clippings, fruit, vegetables and fruit or vegetable scraps;
inert waste means solid waste that has no active chemical or biological properties and is not subject to biological or chemical breakdown;
lead means lead and its compounds;
licence period , in relation to a licence, means the period of 12 months from the first anniversary of the grant or renewal of the licence and each subsequent period of 12 months;
Note— This is to be distinguished from the term of the licence (which is a period determined by the Authority under section 43 of the Act).
liquid organic chemical substances means oil, petroleum or biofuels, other than when stored in the fuel tank of a motor vehicle for the purposes of powering the vehicle;
listed substance means a substance listed in Schedule 3 clause 4;
marine environment means—
(a) marine waters; or
(b) land that is covered with marine waters (whether permanently or from time to time);
metropolitan Adelaide has the same meaning as in theDevelopment Act 1993 ;
metropolitan coastal waters means the body of waters extending 3 nautical miles seaward from the coastline forming the western boundary of metropolitan Adelaide;
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle;
Mount Gambier airshed means the area described in Schedule 2 clause 3;
Mount Lofty Ranges Water Protection Area means the Mount Lofty Ranges Water Protection Area as declared under Part 8 of the Act;
National Pollutant Inventory means the inventory established as a result of theNational Environment Protection (National Pollutant Inventory) Measure ;
nitrogen means total nitrogen;
organic matter —see subregulation (3);
particulates means particulate matter 10 micrometres or less in diameter, and includes red dust particulates;
pesticides includes herbicides and fungicides;
phosphorous means total phosphorus;
pollutant load‑based component means the pollutant load‑based component of the resource efficiency component of an annual authorisation fee for a licence (see regulation 31);
Port Pirie airshed means the area described in Schedule 2 clause 4;
Port River region means the area described in Schedule 2 clause 5;
prescribed activity of environmental significance means an activity specified in Schedule 1 Part A of the Act;
red dust particulates means haematite or goethite;
reporting period means—
(a) for a licence authorising an activity in respect of which a report is provided to the Authority for the purposes of the National Pollutant Inventory—the period to which the report relates; or
(b) for any other licence—the 12 month period approved by the Authority for the licence by condition of the licence or by notice in writing to the licensee;
resource efficiency component —the resource efficiency component of the annual authorisation fee for a licence is comprised of the pollutant load‑based component and the water reuse component (see regulation 28);
responsible auditor , in relation to a site contamination audit, means the site contamination auditor who personally carried out or directly supervised the work involved in the audit;
septic tank effluent means effluent that is ordinarily collected by means of a septic tank, waterless composting toilet, aerated wastewater treatment system or similar on‑site waste collection system;
South East Water Protection Area means the South East Water Protection Area as declared under Part 8 of the Act;
underground waters means waters occurring naturally under the ground or introduced to an aquifer or other area under the ground;
Upper Spencer Gulf means the waters described in Schedule 2 clause 6;
waste fill means waste consisting of clay, concrete, rock, sand, soil or other inert mineralogical matter in pieces not exceeding 100 millimetres in length and containing chemical substances in concentrations (calculated in a manner determined by the Authority) less than the concentrations for those substances set out in the following table (but does not include waste consisting of or containing asbestos or bitumen):
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waste transport business (category A) means the prescribed activity of environmental significance specified in Schedule 1 clause 3(5) of the Act;
waste transport business (category B) means the prescribed activity of environmental significance specified in Schedule 1 clause 3(6) of the Act;
wastewater includes—
(a) sewage, and septic tank effluent, whether treated or untreated; and
(b) water containing commercial or industrial waste;
water reuse component means the water reuse component of the resource efficiency component of an annual authorisation fee for a licence (see regulation 32);
Whyalla airshed means the area described in Schedule 2 clause 7;
zinc means zinc and its compounds.
(2) For the purposes of these regulations, the following principles apply in relation to an
assessable site :
(a) each location specified in a licence at which a prescribed activity of environmental significance may be undertaken is to be taken to be an assessable site;
(b) if various places are specified in a licence as a single location, then the various premises are together to be taken to be an assessable site;
(c) if a licence authorises a prescribed activity of environmental significance to be undertaken by means of mobile works, then the various premises at which the mobile works are used are together to be taken to be an assessable site;
(d) the prescribed activities of dredging, earthworks drainage and a waste transport business are not to be regarded as being undertaken at an assessable site.
(3) A reference in these regulations to an amount of
organic matter is—
(a) in the case of organic matter discharged to waters in the course of a desalination plant—a reference to the amount of total organic carbon so discharged (expressed in kilograms); and
(b) in any other case—a reference to the biochemical oxygen demand of the organic matter (expressed in kilograms),
determined in accordance with an approved estimation or monitoring technique for the activity that produces the organic matter.
(4) A reference in these regulations to the discharge of a pollutant in the course of a desalination plant is a reference to the discharge of the pollutant in the course of a prescribed activity of environmental significance specified in Schedule 1 Part A clause 8(6a) of the Act (desalination plant).
(1) For the purpose of paragraph (a) of the definition of
the prescribed national scheme laws in section 3(1) of the Act, theNational Environment Protection Council Act 1994 of the Commonwealth is the prescribed law of the Commonwealth.(2) For the purpose of paragraph (b) of the definition of
the prescribed national scheme laws in section 3(1) of the Act, theNational Environment Protection Council (South Australia) Act 1995 is the prescribed law of this State.
(1) For the purposes of paragraph (d) of the definition of
pollutant in section 3(1) of the Act, and for the purposes of section 5(1)(b) of the Act, the following bodies are prescribed:
(a) Ai Group (SA Branch);
(b) Australian Conservation Foundation Inc;
(c) Australian Institute of Environmental Health;
(d) Beverage Industry Environment Council (BIEC);
(e) Conservation Council of South Australia Incorporated;
(f) Environmental Defenders Office (SA) Incorporated;
(g) Environment Business Australia;
(h) Local Government Association of South Australia Incorporated;
(i) National Environmental Law Association Limited (SA Branch);
(j) Royal Australian Chemical Institute Inc.;
(k) South Australian Chamber of Mines and Energy Incorporated;
(l) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA);
(m) South Australian Farmers' Federation Incorporated;
(n) South Australian Fire and Emergency Services Commission (established under Part 2 Division 1 of the
Fire and Emergency Services Act 2005 );(o) The Nature Conservation Society of South Australia Incorporated;
(p) United Trades and Labor Council (trading as SA Unions);
(q) Waste Management Association of Australia Incorporated.
(2) For the purposes of section 4(1)(b) of the Act, the following bodies are prescribed:
(a) Ai Group (SA Branch);
(b) Conservation Council of South Australia Incorporated;
(c) Local Government Association of South Australia Incorporated;
(d) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA);
(e) Waste Management Association of Australia Incorporated.
(1) For the purposes of section 14B(4) of the Act, the Minister must, in relation to the selection of persons for appointment to the Board, consult with the following bodies:
(a) in relation to the selection for appointment of a person with practical knowledge of, and experience in, industry, commerce or economic development—
(i) Ai Group (SA Branch); and
(ii) South Australian Chamber of Mines and Energy Incorporated; and
(iii) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA); and
(iv) South Australian Farmers' Federation Incorporated;
(b) in relation to the selection for appointment of a person with practical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community—
(i) Conservation Council of South Australia Incorporated; and
(ii) Environmental Defenders Office (SA) Incorporated;
(c) in relation to the selection for appointment of a person with practical knowledge of, and experience in, the reduction, reuse, recycling and management of waste or the environmental management industry—
(i) Environment Business Australia; and
(ii) The Association of Consulting Engineers Australia; and
(iii) Waste Management Association of Australia Incorporated;
(d) in relation to the selection for appointment of a person with legal qualifications and experience in environmental law—
(i) National Environmental Law Association Limited (SA Branch); and
(ii) Environmental Defenders Office (SA) Incorporated;
(e) in relation to the selection for appointment of a person with practical knowledge of, and experience in, local government—Local Government Association of South Australia Incorporated.
(2) A body consulted by the Minister under subregulation (1) must, within a reasonable period of time specified by the Minister, nominate a panel of up to 3 persons, including at least 1 woman and 1 man, from which selection for appointment may be made.
(1) For the purposes of section 24(3)(a) of the Act, the prescribed percentage of fees (other than expiation fees) to be paid into the Environment Protection Fund is 5%.
(2) For the purposes of section 24(3)(b) of the Act, the prescribed percentage of penalties recovered in respect of offences (other than expiation fees or penalties to which a council is entitled) to be paid into the Environment Protection Fund is 100%.
(3) For the purposes of section 24(3)(ba) of the Act, the prescribed percentage of amounts recovered by the Authority, by negotiation or as a result of civil proceedings, in respect of contraventions to be paid into the Environment Protection Fund is 100%.
(4) For the purposes of section 24(3)(e) of the Act, the prescribed percentage of levy payments under Part 15 of the Act to be paid into the Environment Protection Fund is 5%.
For the purposes of section 28 of the Act, the following bodies are prescribed:
(a) Ai Group (SA Branch);
(b) Australian Conservation Foundation Inc;
(c) Australian Institute of Environmental Health;
(d) Beverage Industry Environment Council (BIEC);
(e) Conservation Council of South Australia Incorporated;
(f) Environmental Defenders Office (SA) Incorporated;
(g) Environment Business Australia;
(h) Local Government Association of South Australia Incorporated;
(i) National Environmental Law Association Limited (SA Branch);
(j) Royal Australian Chemical Institute Inc.;
(k) South Australian Chamber of Mines and Energy Incorporated;
(l) South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA);
(m) South Australian Farmers' Federation Incorporated;
(n) South Australian Fire and Emergency Services Commission (established under Part 2 Division 1 of the
Fire and Emergency Services Act 2005 );(o) The Nature Conservation Society of South Australia Incorporated;
(p) United Trades and Labor Council (trading as SA Unions);
(q) Waste Management Association of Australia Incorporated.
For the purposes of section 29 of the Act—
(a) the following bodies are prescribed:
(i) Department of Environment and Climate Change (New South Wales);
(ii) Department of Environment and Conservation (Western Australia);
(iii) Department of Environment and Resources Management (Queensland);
(iv) Department of Environment, Climate Change, Energy and Water (Australian Capital Territory);
(v) Department of Environment, Food and Rural Affairs (United Kingdom);
(vi) Department of Natural Resources, Environment, the Arts and Sport (Northern Territory);
(vii) Department of Primary Industries, Parks, Water and Environment (Tasmania);
(viii) Department of Sustainability and Environment (Victoria);
(ix) Department of the Environment, Water, Heritage and the Arts (Commonwealth);
(x) enHealth Council (Commonwealth);
(xi) Environment Agency (United Kingdom);
(xii) Environmental Protection Agency (Ireland);
(xiii) Environmental Protection Agency (United States);
(xiv) Environment Protection Authority (Northern Territory);
(xv) European Environment Agency;
(xvi) International Organisation for Standards;
(xvii) National Health and Medical Research Council;
(xviii) Scottish Environment Protection Agency;
(xix) Standards Australia;
(xx) The Department of Climate Change (Commonwealth);
(xxi) United Nations Environment Program;
(xxii) Victorian Environment Protection Authority;
(xxiii) World Health Organisation; and
(b) the following bodies, formed under an agreement between the governments of the Commonwealth and the States and Territories of the Commonwealth and New Zealand and comprised of Ministerial representatives from time to time of those governments, are prescribed:
(i) Environment Protection and Heritage Council;
(ii) Health, Community and Disability Services Ministerial Council;
(iii) Ministerial Council on Mineral and Petroleum Resources;
(iv) Natural Resource Management Ministerial Council;
(v) Planning, Housing and Local Government Ministerial Council.
(1) For the purposes of section 64(2) of the Act, the period allowed for a response from the Water Resources Minister in respect of an application for an environmental authorisation referred to that Minister is 2 months.
(2) Pursuant to section 64(6) of the Act, the Authority must not make a decision on an application referred to the Water Resources Minister without having regard to the response of that Minister.
For the purposes of section 87(3)(a) of the Act, the following are prescribed as vehicles in relation to which an authorised officer may exercise powers of entry and inspection:
(a) a vehicle used to carry waste or other matter;
(b) a vehicle used in the course of or in connection with an activity authorised or required to be authorised by an environmental authorisation;
(c) a vehicle reasonably suspected of being a vehicle referred to in paragraph (a) or (b).
For the purposes of section 88(7)(a) of the Act, the prescribed form of a notice to be prepared by an authorised officer who executes a warrant is the form set out in Schedule 1 clause 1.
For the purposes of section 104A(3)(a) of the Act, the prescribed form of a notice to be served by the Authority is the form set out in Schedule 1 clause 2.
(1) For the purposes of section 109(3)(l) of the Act, the following information must be recorded in the register:
(a) if an environmental authorisation is subject to a condition requiring compliance with an environment improvement programme under section 44 of the Act—details of the environment improvement programme;
(b) such information as the Authority considers appropriate as to the results of tests or monitoring or evaluation undertaken in compliance with conditions of an environmental authorisation under section 52 of the Act;
(c) such information as the Authority considers appropriate relating to any determination of the Authority under section 58 of the Act;
(d) details of each environment performance agreement entered into under section 59 of the Act;
(e) details of each report of an environmental assessment carried out in relation to land for the purposes of—
(i) an approved voluntary site contamination assessment proposal under section 103I of the Act; or
(ii) an approved voluntary site remediation proposal under section 103K of the Act;
(f) details of each report of an environmental assessment carried out, for any other purpose and at any time in relation to land, by or on behalf of the Authority;
(g) details of each report known as a "Health Commission Report" prepared on behalf of the South Australian Health Commission (under the repealed
South Australian Health Commission Act 1976 ) in relation to pollution of land or contamination of land by chemical substances;(h) copies of each written warning issued by the Authority in relation to an alleged contravention of the Act;
(i) details of each pre‑1 July 2009 site audit report carried out in relation to land;
(j) details of licences to operate a waste depot issued under the repealed
South Australian Waste Management Commission Act 1979 or the repealedWaste Management Act 1987 ;(k) details of licences issued under the repealed
South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act);(l) details of licences issued under the repealed
Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act);(m) details of any records that the former South Australian Waste Management Commission held under the repealed
Waste Management Act 1987 of waste (within the meaning of that Act) being deposited on land between 1 January 1983 and 30 April 1995.(2) In this regulation—
environmental assessment , in relation to land, means an assessment of the existence or nature or extent of—
(a) site contamination (as defined in the Act) at the land; or
(b) any other contamination of the land by chemical substances,
and includes such an assessment in relation to water on or below the surface of the land;
pre-1 July 2009 site audit , in relation to land, means a review (carried out by a person recognised by the Authority as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—
(a) the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and
(b) the suitability of the land for a particular use; and
(c) what remediation is or remains necessary for a particular use,
but does not include a site contamination audit (as defined in the Act) completed on or after 1 July 2009;
pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit.
Division 1 General provisions supporting Part 6 of Act
For the purposes of section 39(4) of the Act, notice is not required to be given to an owner or occupier of adjacent land in circumstances in which—
(a) the owner or occupier is the applicant; or
(b) the owner or occupier has previously received notice in relation to the same activity at the land albeit as part of a works approval application.
For the purposes of section 42 of the Act, the prescribed period is—
(a) in the case of an application that is required to be referred to the Water Resources Minister under Part 8 Division 1 of the Act—3 months; or
(b) in the case of an application in respect of which public notice is not required under section 39 of the Act—1 month; or
(c) in any other case—2 months unless the Authority determines that the application involves matters of special complexity or requires an extended period for consideration of submissions from interested persons, in which case, the period may be extended by the Authority to a period, not exceeding 4 months, determined by the Authority.
For the purposes of section 43(3) of the Act, an application for renewal of an environmental authorisation must be made—
(a) if the Authority has specified a number of days for that purpose by condition of the authorisation—not less than that number of days before the date of expiry of the authorisation; or
(b) in any other case—not less than 60 days before the date of expiry of the authorisation.
For the purposes of section 45(6) of the Act, the penalty for a failure by the holder of an environmental authorisation to comply with a reporting-deadline condition is—
(a) in the case of an environmental authorisation granted for a term of 2 years or more—the higher of $300 or 5% of the holder's annual authorisation fee for each month (or part of a month) for which the default continues; or
(b) in the case of an environmental authorisation granted for a term of less than 2 years—the higher of $300 or 5% of the holder's authorisation fee (paid on the grant of authorisation under section 40 of the Act) for each month (or part of a month) for which the default continues.
For the purposes of section 46 of the Act, notice of a proposed variation of a condition of an environmental authorisation is not required to be given to an owner or occupier of adjacent land if—
(a) the owner or occupier is the holder of the environmental authorisation; or
(b) the proposed variation consists of the revocation of an obsolete condition of the environmental authorisation.
For the purposes of section 47(4) of the Act—
(a) the following South Australian Acts are prescribed:
(i)
Adelaide Dolphin Sanctuary Act 2005 ;(ii)
Aquaculture Act 2001 ;(iii)
Development Act 1993 ;(iv)
Mining Act 1971 ;(v)
Natural Resources Management Act 2004 ;(vi)
Petroleum Act 2000 ;(vii)
Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 ;(viii)
Radiation Protection and Control Act 1982 ;(ix)
River Murray Act 2003 ;(x)
Water Resources Act 1997 ;(xi)
Zero Waste SA Act 2004 ; and(b) the following Acts of other States and Territories are prescribed:
(i)
Environmental Offences and Penalties Act 1989 (repealed) of New South Wales;(ii)
Environmental Protection Act 1986 of Western Australia;(iii)
Environmental Protection Act 1994 of Queensland;(iv)
Environment Management and Pollution Control Act 1994 of Tasmania;(v)
Environment Protection Act 1970 of Victoria;(vi)
Environment Protection Act 1997 of the Australian Capital Territory;(vii)
Protection of the Environment Operations Act 1997 of New South Wales;(viii)
Waste Management and Pollution Control Act 1998 of the Northern Territory;(ix)
Western Australian Marine (Sea Dumping) Act 1981 of Western Australia; and(c) the following Acts of the Commonwealth are prescribed:
(i)
Environment Protection and Biodiversity Conservation Act 1999 ;(ii)
Environment Protection (Sea Dumping) Act 1981 ;(iii)
Hazardous Waste (Regulation of Exports and Imports) Act 1989 ;(iv)
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .
(1) For the purposes of section 48(2)(a) of the Act, the date in each year before which the holder of an environmental authorisation must lodge an annual return with the Authority is—
(a) if the Authority has fixed a date for that purpose by condition of the authorisation—that date; or
(b) in any other case—no later than 90 days before the anniversary of the grant or renewal of the authorisation.
(2) For the purposes of section 48(2)(b) of the Act, the date in each year before which the holder of an environmental authorisation must pay the annual authorisation fee to the Authority is—
(a) if a date is specified for the purpose in the authorisation—that date; or
(b) in any other case—the date falling 1 month after each anniversary of the grant of the authorisation.
(3) For the purposes of section 48(4) of the Act, the penalty for—
(a) a failure to lodge an annual return; or
(b) a failure to pay an annual authorisation fee,
is $300 or 5% of the annual authorisation fee (whichever is higher) for each month (or part of a month) for which the default continues.
For the purposes of section 49(3) of the Act—
(a) the following South Australian Acts are prescribed:
(i)
Adelaide Dolphin Sanctuary Act 2005 ;(ii)
Aquaculture Act 2001 ;(iii)
Development Act 1993 ;(iv)
Mining Act 1971 ;(v)
Natural Resources Management Act 2004 ;(vi)
Petroleum Act 2000 ;(vii)
Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 ;(viii)
Radiation Protection and Control Act 1982 ;(ix)
River Murray Act 2003 ;(x)
Water Resources Act 1997 ;(xi)
Zero Waste SA Act 2004 ; and(b) the following Acts of other States and Territories are prescribed:
(i)
Environmental Offences and Penalties Act 1989 (repealed) of New South Wales;(ii)
Environmental Protection Act 1986 of Western Australia;(iii)
Environmental Protection Act 1994 of Queensland;(iv)
Environment Management and Pollution Control Act 1994 of Tasmania;(v)
Environment Protection Act 1970 of Victoria;(vi)
Environment Protection Act 1997 of the Australian Capital Territory;(vii)
Protection of the Environment Operations Act 1997 of New South Wales;(viii)
Waste Management and Pollution Control Act 1998 of the Northern Territory;(ix)
Western Australian Marine (Sea Dumping) Act 1981 of Western Australia; and(c) the following Acts of the Commonwealth are prescribed:
(i)
Environment Protection and Biodiversity Conservation Act 1999 ;(ii)
Environment Protection (Sea Dumping) Act 1981 ;(iii)
Hazardous Waste (Regulation of Exports and Imports) Act 1989 ;(iv)
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .
For the purposes of section 51(5)(b) of the Act, the interest payable in respect of an amount representing a pecuniary sum or part of a pecuniary sum that is to be repaid to the holder of an environmental authorisation is to be calculated at a rate 1% less than the rate earned from investment of the Environment Protection Fund (or the relevant part of the Fund) during the period that the amount has been credited to the Fund.
25 Works approvals – Application fee for grant, authorisation fee on grant or renewal and annual authorisation fee
(1) The application fee payable under section 38(1) of the Act for a works approval is the sum of—
(a) a lodgement fee of 10 fee units; and
(b) an assessment fee of 20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the works approval (assuming the grant of a works approval on the basis of the application).
(2) However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding—
(a) if the notice and other similar notices are to be published together by the Authority—5 fee units;
(b) in any other case—20 fee units.
(3) The application fee for the renewal of a works approval payable under section 43(2) of the Act is 10 fee units.
(4) The authorisation fee payable under section 40 or 43(5) of the Act, and the annual authorisation fee payable under section 48 of the Act, for a works approval is the number of fee units determined according to the estimated cost at the time of the grant of the works approval of the proposed works as follows:
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(5) In this regulation, a reference to the estimated cost of proposed works is a reference to the amount estimated by the Authority to be the total cost of the works to which the approval relates excluding any part of the costs determined by the Authority to be attributable to—
(a) the purchase of land; or
(b) building or other work that will not contribute directly or substantially to the prescribed activity of environmental significance to which the application relates.
Note— An annual authorisation fee is only payable for a works approval granted or renewed for a term of 2 or more years (see section 48 of the Act).
26 Exemptions – Application fee for grant, authorisation fee for grant or renewal and annual authorisation fee
(1) The application fee for an exemption payable under section 38(1) of the Act is 43 fee units.
(2) However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding—
(a) if the notice and other similar notices are to be published together by the Authority—5 fee units;
(b) in any other case—20 fee units.
(3) The application fee for the renewal of an exemption payable under section 43(2) of the Act is 10 fee units.
(4) The authorisation fee payable under section 40 or 43(5) of the Act, and the annual authorisation fee payable under section 48 of the Act, for an exemption will be at 1 of the following levels:
(a) 10 fee units;
(b) a multiple of 10 fee units up to 100 units;
(c) 100 fee units;
(d) a multiple of 100 fee units up to 2 500 units.
(5) The level of the authorisation fee and annual authorisation fee for an exemption is to be determined by the Authority at its discretion having regard to the following:
(a) the factors specified in section 25(2) of the Act;
(b) any relevant environment protection policy;
(c) whether the applicant will be bound by an environment improvement programme;
(d) the time of the day and the period for which the exemption will operate;
(e) the number of people affected by, or the extent of any other environmental impact of, the activity to which the exemption will relate;
(f) any relevant matter arising under the
Development Act 1993 or a Development Plan or development authorisation under that Act in relation to the location of the activity to which the exemption will relate;(g) any other matter considered relevant by the Authority.
Note— An annual authorisation fee is only payable for an exemption granted or renewed for a term of 2 or more years (see section 48 of the Act).
27 Licences – Application fee for grant and authorisation fee for grant or renewal
(1) The application fee payable under section 38(1) of the Act for a licence is the sum of—
(a) a lodgement fee of 10 fee units; and
(b) an assessment fee of—
(i) in the case of a licence to undertake a waste transport business (category A)—4 fee units; or
(ii) in the case of a licence to undertake a waste transport business (category B)—2 fee units; or
(iii) in the case of a licence to undertake dredging or earthworks drainage—34 fee units; or
(iv) in any other case—20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the licence (assuming the grant of a licence on the basis of the application) minus the flat fee component.
(1a) Amounts determined under subregulation (1)(b)(iv) are not subject to adjustment under regulation 33.
(2) However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding—
(a) if the notice and other similar notices are to be published together by the Authority—5 fee units;
(b) in any other case—20 fee units.
(3) The application fee for the renewal of a licence payable under section 43(2) of the Act is 10 fee units.
(4) The authorisation fee payable under section 40 of the Act for the grant of a licence is the amount determined by the Authority to be the
applicant's projected annual authorisation fee , being the amount of the annual authorisation fee (excluding the resource efficiency component) that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the period to which the calculations relate.(5) The authorisation fee payable under section 43(5) of the Act for renewal of a licence is the amount determined by the Authority to be the
applicant's projected annual authorisation fee , being the amount of the annual authorisation fee that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the periods to which the calculations relate.(6) For the purposes of determining the applicant's projected annual authorisation fee—
(a) a reference in regulation 28 to an annual authorisation fee is to be read as if it were a reference to the projected annual authorisation fee; and
(b) subject to subregulation (7), a reference in these regulations to the current licence period is to be read as if it were a reference to the projected licence period; and
(c) a reference in these regulations to activities authorised by the licence is to be read as if it were a reference to activities to be authorised by the licence.
(7) If the projected licence period is less than or more than 12 months—
(a) a pro rata adjustment is to be made to the amount of the environment management component, and, in the case of renewal, the resource efficiency component, by applying the proportion that the length of the projected licence period bears to 12 months; and
(b) the pro rata adjustment is to be made on the basis of months, parts of a month being counted as a full month; and
(c) for the purposes of determining the environment management component, if the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during a period of 12 months rather than during the projected licence period.
Examples— 1If the term of the licence is 3 months, the proportion that the length of the projected licence period bears to 12 months would be ¼.
2If the term of the licence is 3½ months, the proportion that the length of the projected licence period bears to 12 months would be ⅓.
(8) In this regulation—
projected licence period means—
(a) in the case of a licence for which the holder is not liable to pay an annual authorisation fee under section 48 of the Act (by reason of the fact that the term of the licence is less than 2 years or that it is an environmental authorisation of a prescribed class)—the term of the licence;
(b) in the case of a licence for which the holder is liable to pay an annual authorisation fee under section 48 of the Act—the period between the grant or renewal of the licence and the commencement of the first licence period for which an annual authorisation fee will be payable.
(1) The annual authorisation fee payable under section 48 of the Act for a licence is the sum of—
(a) the flat fee component of 1 fee unit; and
(b) the environment management component determined for the current licence period in accordance with regulation 30; and
(c) the resource efficiency component comprising—
(i) if the pollutant threshold is exceeded for a designated air pollutant or a designated water pollutant in the reporting period immediately preceding the current licence period—the pollutant load‑based component for the pollutant determined in accordance with regulation 31; and
(ii) if the low salinity water threshold is exceeded in the reporting period immediately preceding the current licence period—the water reuse component determined in accordance with regulation 32.
Note— An annual authorisation fee is only payable for a licence granted or renewed for a term of 2 or more years (see section 48 of the Act).
(2) The
pollutant threshold is exceeded in a reporting period—
(a) for a designated air pollutant if—
(i) in the case of sulphur dioxide or nitrogen oxides—more than 10 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or
(ii) in the case of particulates or volatile organic compounds—more than 1 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or
(iii) in the case of lead—more than 100 kilograms of lead are emitted to air during the period from an assessable site specified in the licence; or
(b) for a designated water pollutant if—
(i) in the case of heat—more than 10 megawatts of heat are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or
(ii) in the case of suspended solids, nitrogen, phosphorus, organic matter or zinc—more than 1 000 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or
(iii) in the case of copper or lead—more than 100 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or
(iv) in the case of salt discharged in the course of a desalination plant—
(A) more than 75 000 tonnes of the salt are discharged to the marine environment during the period from an assessable site specified in the licence; or
(B) any amount of the salt is discharged during the period from an assessable site specified in the licence to other waters of the State that have a background concentration of salt of 13 000 milligrams of total dissolved solids per L or less (when measured during the period by a method approved by the Authority),
in each case, assessed in accordance with an approved estimation or monitoring technique for the activity that produces the pollutant.
(3) The
low salinity water threshold is exceeded in a reporting period if 10 megalitres or more of water is discharged to the marine environment during that period (whether directly or indirectly through pipes or channels) from an assessable site specified in the licence and the average salinity of water so discharged is less than 1 500 milligrams of total dissolved solids per litre (assessed in accordance with an approved estimation or monitoring technique for the activity that produces the water).(4) The pollutant threshold or low salinity water threshold is to be taken to have been exceeded in the reporting period immediately preceding the current licence period (the
relevant reporting period ) if—
(a) the Authority is satisfied that the threshold has been exceeded in the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or
(b) the Authority has not received information for the relevant reporting period or has not had an opportunity to determine whether it is satisfied as to the accuracy of information reported to the Authority for the relevant reporting period, but is satisfied that the threshold has been exceeded in the reporting period immediately preceding the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or
(c) the Authority is satisfied on the basis of its reasonable assumptions as to the nature and level of the activities authorised by the licence that the threshold would be exceeded if the activities were to be carried on over a 12 month period (whether or not they have in fact been carried on over such a period).
(5) If discharges of liquid pollutants from 2 or more activities authorised by separate licences (whether or not held by the same person) are mixed by use of the same pipe or channel or otherwise so as to constitute a single discharge to waters, the Authority is to—
(a) determine the annual authorisation fee payable for the licence as if the discharge to waters were the result of activities authorised by a single licence; and
(b) apportion the amount so determined between the separate licences concerned—
(i) on such basis as may be nominated by the holder of the licences, or, if there is more than 1 holder, on such basis as may be agreed by the holders; or
(ii) in the absence of such a nomination or agreement, on a basis determined by the Authority having regard to the respective environmental impacts of the discharges resulting from the activities authorised by the separate licences.
(1) The environment management component is comprised of—
(a) a separate amount payable for each assessable site specified in the licence as follows:
(i) if the licence authorises only 1 prescribed activity of environmental significance to be carried on at the site during the licence period—the number of fee units specified in Schedule 2 Part 2 for the activity;
(ii) if the licence authorises 2 or more prescribed activities of environmental significance to be carried on at the site during the licence period—the highest number of fee units specified in Schedule 2 Part 2 for any of the activities (or the higher number, in the case of only 2 such activities); and
(b) if the licence authorises a waste transport business—the number of fee units determined as follows:
(i) the number of fee units specified in Schedule 2 Part 2 for the activity for each vehicle that is an assessable vehicle during the licence period adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, by applying the proportion that the number of months during the licence period for which the vehicle is an assessable vehicle bears to 12 months;
(ii) for the purposes of the adjustment, part of a month is to be counted as a full month;
(iii) if the same vehicle is an assessable vehicle for the purposes of both a waste transport business (category A) and a waste transport business (category B) and a different number of fee units is specified in Schedule 2 Part 2 for the vehicle in those different businesses—the number of fee units for the vehicle is the higher number of fee units so specified adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, as set out in subparagraphs (i) and (ii); and
(c) if the licence authorises dredging—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period; and
(d) if the licence authorises earthworks drainage—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period.
(2) If the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during the licence period.
(3) Amounts determined under this regulation are subject to any necessary adjustment under regulation 33 after the end of the licence period.
(1) The pollutant load‑based component is comprised of a separate amount payable for each assessable site specified in the licence.
(2) The amount payable for an assessable site is the sum of—
(a) the fee units for each designated air pollutant emitted to air from the site in the course of a prescribed activity of environmental significance during the designated reporting period determined in accordance with subregulation (3); and
(b) the fee units for each designated water pollutant—
(i) in the case of a designated water pollutant discharged to waters (including underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of a desalination plant during the designated reporting period—determined in accordance with subregulation (3a); or
(ii) in the case of a designated water pollutant discharged to waters (other than underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of any other prescribed activity of environmental significance during the designated reporting period—determined in accordance with subregulation (4).
(3) The number of fee units for a designated air pollutant is to be determined in accordance with the following formula:
where—
DAP is the number of fee units for the designated air pollutant
T is the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant emitted to air during the reporting period, assessed—
(a) in accordance with an approved estimation or monitoring technique for the activity that resulted in the emission; or
(b) if the pollutant threshold is taken to be exceeded under regulation 28(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities
N is the number of fee units for the pollutant specified in Table 1
Z is the zone weighting determined in accordance with Table 1 by reference to the pollutant and the location of the assessable site from which the pollutant is emitted (and if the site is located in 2 areas listed in the table, the higher zone weighting applies).
Table 1—Fee units and zone weightings for designated air pollutants
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(3a) The number of fee units for a designated water pollutant discharged to waters in the course of a desalination plant is to be determined in accordance with the following formula:
where—
DWP is the number of fee units for the designated water pollutant
T is—
(a) in the case of a designated water pollutant other than heat—
(i) the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant discharged to waters during the reporting period; or
(ii) if the licensee satisfies the Authority that the pollutant has been discharged back into the same waters from which it was taken—the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant so discharged during the reporting period (calculated by subtracting the background concentration of the pollutant in the receiving waters from the concentration of the pollutant in the wastewater conveying the pollutant, in each case measured in grams per L, and multiplying that result by the total number of megalitres of the wastewater discharged to the waters during the reporting period); or
(b) in the case of heat—the number of megawatts (rounded to the nearest megawatt) of the heat discharged to waters during the reporting period,
assessed—
(c) in accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or
(d) if the pollutant threshold is taken to be exceeded under regulation 28(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities
N is the number of fee units for the pollutant specified in Table 1a
Z is the zone weighting determined in accordance with Table 1a by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).
Table 1a—Fee units and zone weightings for designated water pollutants—desalination plants
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(4) The number of fee units for a designated water pollutant (other than when discharged to waters in the course of a desalination plant) is to be determined in accordance with the following formula:
where—
DWP is the number of fee units for the designated water pollutant
T is—
(a) the weight (in tonnes rounded to the nearest 0.1 tonne); or
(b) in the case of heat—the number of megawatts (rounded to the nearest megawatt),
of the pollutant discharged to waters during the reporting period, assessed—
(c) in accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or
(d) if the pollutant threshold is taken to be exceeded under regulation 28(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities
N is the number of fee units for the pollutant specified in Table 2
Z is the zone weighting determined in accordance with Table 2 by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).
Table 2—Fee units and zone weightings for designated water pollutants—activities other than desalination plants
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(5) If the pollutant threshold is taken to be exceeded under regulation 28(4)(b) or regulation 28(4)(c), the pollutant load‑based component is subject to any necessary adjustment under regulation 33 after the end of the licence period.
(6) In this regulation—
designated reporting period means—
(a) if the pollutant threshold is taken to be exceeded under regulation 28(4)(a)—the reporting period immediately preceding the current licence period;
(b) if the pollutant threshold is taken to be exceeded under regulation 28(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a);
(c) if the pollutant threshold is taken to be exceeded under regulation 28(4)(c)—a hypothetical reporting period of 12 months.
(7) For the purposes of subregulation (3a), a designated water pollutant will be taken to have been discharged back into the same waters from which it was taken if the pollutant was—
(a) taken from the marine environment and discharged back into the marine environment; or
(b) taken from an aquifer and discharged back into the same aquifer; or
(c) taken from a watercourse and discharged back into the same watercourse; or
(d) taken from some other body of waters and discharged back into the same body of waters.
(1) The water reuse component is comprised of a separate amount payable for each assessable site specified in the licence.
(2) The water reuse component is 1 fee unit for each megalitre (rounded to the nearest megalitre) of wastewater discharged to the marine environment (whether directly or indirectly through pipes or channels) in the course of a prescribed activity of environmental significance during the designated reporting period—
(a) measured in accordance with an approved estimation or monitoring technique for the activity; or
(b) if the low salinity water threshold is taken to be exceeded under regulation 28(4)(c)—estimated by the Authority on the basis of its reasonable assumptions as to the nature and level of the licensee's activities.
(3) If the low salinity water threshold is taken to be exceeded under regulation 28(4)(b) or regulation 28(4)(c), the water reuse component is subject to any necessary adjustment under regulation 33 after the end of the licence period.
(4) In this regulation—
designated reporting period means—
(a) if the low salinity water threshold is taken to be exceeded under regulation 28(4)(a)—the reporting period immediately preceding the current licence period;
(b) if the low salinity water threshold is taken to be exceeded under regulation 28(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a);
(c) if the low salinity water threshold is taken to be exceeded under regulation 28(4)(c)—a hypothetical reporting period of 12 months.
(1) If the Authority is satisfied after the end of a licence period that the annual authorisation fee determined for the period (as based on estimates made by the Authority under this Division or under the substituted provisions) was an amount less than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority may, by notice in writing to the holder of the licence or by conditions of the licence, require the holder of the licence to pay to the Authority, within a specified period, the amount determined by the Authority to represent the difference between those 2 amounts.
Note— If no resource efficiency component was payable because the pollutant threshold or low salinity water threshold was determined in accordance with regulation 28(4)(b) or (c) as not having been exceeded but information subsequently reported to the Authority shows that the threshold would have been exceeded under regulation 28(4)(a) if that information had then been available and the Authority had been satisfied as to its accuracy, this subregulation will apply and a resource efficiency component will become payable.
(2) If the holder of a licence satisfies the Authority (by such evidence as the Authority may require) after the end of a licence period that the annual authorisation fee paid for the period (as based on estimates made by the Authority under this Division or under the substituted provisions) was more than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority must refund to the holder of the licence the amount determined by the Authority to represent the difference between those 2 amounts.
(3) In this regulation—
annual authorisation fee includes a projected annual authorisation fee under regulation 27;
licence period includes a projected licence period under regulation 27;
substituted provisions means—
(a) regulation 10 of the
Environment Protection (Fees and Levy) Regulations 1994 as in force immediately before their variation by theEnvironment Protection (Fees and Levy) Variation Regulations 2008 ; or(b) regulation 11 of the
Environment Protection (Fees and Levy) Regulations 1994 as in force immediately before the commencement of these regulations.
Despite regulation 28, the following provisions apply in the case of the cessation of a prescribed activity of environmental significance carried on pursuant to a licence:
(a) if—
(i) the licence has been renewed under section 43(6) of the Act or is subject to conditions under section 52A or 56(2)(b) of the Act; and
(ii) the activity ceased before the commencement of the current licence period,
no environment management component or flat fee component is payable for that period;
(b) in the case of an activity for which the amount of the environment management component does not depend on an indicator of the level of activity during the licence period—
(i) if the licence is subject to conditions under section 52A or 56(2)(b) of the Act and the holder of the licence satisfies the Authority that the activity is to cease during the current licence period, a pro rata adjustment is to be made to the amount of the environment management component for that period by applying the proportion that the number of months in that period before the activity is to cease bears to 12 months; and
(ii) if conditions are imposed on the licence under section 52A or 56(2)(b) of the Act during the current licence period and the activity ceases during that period, the Authority must, no later than the end of that period, refund to the holder of the licence a proportion of the environment management component for that period, being the proportion that the number of months remaining in that period after the cessation of the activity or the imposition of the conditions (whichever is the later) bears to 12 months; and
(iii) for the purposes of this paragraph, a part of a month is to be counted as a full month.
An accredited licensee is entitled to—
(a) a 50% reduction in the environment management component of—
(i) the authorisation fee otherwise payable under section 40 or 43 of the Act in relation to the accredited activity; or
(ii) the annual authorisation fee otherwise payable under section 48 of the Act in relation to the accredited activity; and
(b) any other variations to the licence conditions favourable to the licensee considered appropriate by the Authority.
(1) A licensee may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance carried on at premises occupied by the licensee.
(2) An application for accreditation must be made in a manner and form approved by the Authority and accompanied by any information required by the Authority.
(3) Subject to this regulation, the Authority may grant accreditation if satisfied that—
(a) the activity is being carried on at the premises to a high level of environmental performance; and
(b) that performance can be maintained for the duration of the term of the licence.
(4) In determining the level of environmental performance for the purposes of subregulation (3), the Authority may take into consideration the following:
(a) the licensee's record of compliance with the Act and statutory instruments under the Act;
(b) whether the licensee has an environment improvement programme in place in respect of the activity;
(c) any other matter it considers relevant.
(5) The Authority must not grant accreditation unless satisfied that the licensee has in place in respect of the activity the following:
(a) an environment management system approved by the Authority;
(b) an environmental audit and compliance program approved by the Authority.
(6) The Authority must, within 14 days of granting an application for accreditation, publish a notice in the Gazette specifying the name of the accredited licensee, the premises at which the accredited activity is carried on and the nature of that activity.
(7) An accreditation may, with the approval of the Authority, be transferred simultaneously with the transfer of a licence under section 49 of the Act.
(1) An accredited licensee must submit a performance report to the Authority within 60 days after the end of each financial year or such further period as the Authority may approve containing details of environmental performance at the premises at which the accredited activity is carried on during the financial year.
(2) A performance report must—
(a) be prepared in a form approved by the Authority; and
(b) contain information or details required by the Authority; and
(c) be authorised by the licensee.
(1) The Authority may, at any time, review the accreditation of an accredited licensee.
(2) The Authority must give the licensee notice of its intention to conduct a review under this regulation.
(3) The Authority may cancel an accreditation if of the opinion that—
(a) the accredited activity is no longer being carried on at the premises to a high level of environmental performance; or
(b) the licensee has contravened the Act or a statutory instrument under the Act; or
(c) the licensee no longer has in place or is implementing in respect of the accredited activity—
(i) an environment management system approved by the Authority; or
(ii) an environment improvement programme approved by the Authority; or
(iii) an environmental audit and compliance program approved by the Authority.
(4) If a licensee's accreditation is cancelled, the licensee must pay to the Authority an amount equal to the licence fee reduction resulting from the accreditation multiplied by the proportion that the number of days in the remainder of the current licence period bears to the number of days in the licence period.
For the purposes of section 43(4) of the Act, the fee for late application for renewal of an environmental authorisation is—
(a) if the application is made before or on 30 June 2010—$20 plus 1% of the authorisation fee payable on renewal for the first month (or part of a month) for which the application is late and 2% of the authorisation fee for each further month (or part of a month) for which the application is late; and
(b) if the application is made after 30 June 2010—$300 or 5% of the authorisation fee (whichever is higher) payable on renewal for each month (or part of a month) for which the application is late.
If an environmental authorisation under which activities continue to be undertaken is renewed under section 43(6) of the Act (without application), the holder of the authorisation must pay the Authority the authorisation fee that would have been payable under section 43(5) of the Act had the authorisation been renewed on application.
(1) The prescribed fee payable for an application for an approval required by conditions of an environmental authorisation imposed under section 54C(2) of the Act in relation to—
(a) the construction or alteration of a building or structure, or the installation or alteration of plant or equipment, for use for an activity carried on under the authorisation (
works ); or(b) a change in process undertaken under the authorisation,
is the number of fee units determined according to the cost of the works or change in process estimated by the Authority as follows:
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(2) If the application relates to both works and a change in process, the prescribed fee payable for the application will be determined as if separate applications had been made, 1 in relation to the works and the other in relation to the change in process.
(3) In this regulation, a reference to the estimated cost of works is a reference to the amount estimated to be the total cost of the works to which the application relates excluding any part of the costs determined by the Authority to be attributable to—
(a) the purchase of land; or
(b) building or other work that will not contribute directly or substantially to the prescribed activity of environmental significance to which the application relates.
The following liquids are excluded from the ambit of the definition of
beverage in section 65 of the Act:
(a) concentrated fruit or vegetable juice, or concentrated fruit and vegetable juice, intended to be diluted before consumption;
(b) a health tonic that is—
(i) included on the Australian Register of Therapeutic Goods under the
Therapeutic Goods Act 1989 of the Commonwealth; and(ii) supplied with a label or other accompanying document specifying—
(A) that the tonic is for medicinal purposes; and
(B) a recommended maximum dosage; and
(c) a cordial comprised of a concentrated syrup that—
(i) contains the following ingredients (whether or not it also contains other ingredients):
(A) water;
(B) a sweetener (whether natural or artificial);
(C) colouring or flavouring, or both (whether natural or artificial); and
(ii) is intended to be diluted before consumption.
For the purposes of the definition of
collection depot in section 65 of the Act, a reverse vending machine is a facility of a prescribed kind.
For the purposes of the definition of
refund amount in section 65 of the Act, the following refund amounts are prescribed:
(a) for category A containers—$0.10;
(b) for category B containers—$0.10.
(1) Pursuant to section 67 of the Act, the following classes of containers are exempt from the application of Part 8 Division 2 of the Act:
(a) containers used for the purpose of containing milk or milk substitute (other than flavoured milk or flavoured milk substitute);
(b) containers used for the purpose of containing 1 litre or more of flavoured milk or flavoured milk substitute;
(c) containers used for the purpose of containing 1 litre or more of pure juice (comprising at least 90% fruit juice or vegetable juice or a mixture of fruit and vegetable juices);
(d) containers used for the purpose of containing more than 3 litres of beverage;
(e) containers constructed of cardboard and plastic, cardboard and foil, or cardboard, plastic and foil (commonly known as casks or aseptic packs) used for the purpose of containing 1 litre or more of wine, wine‑based beverage or water (including mineral or spring water);
(f) containers constructed of plastic or foil or plastic and foil (commonly known as sachets) used for the purpose of containing 250 millilitres or more of wine.
(2) Pursuant to section 67 of the Act, until 28 February 2010, category A and category B containers marked with a former approved refund marking are exempt from the application of the following provisions of the Act:
(a) section 68(3)(a)(i);
(b) section 69B(1);
(c) section 69B(2).
(3) In this regulation—
flavoured milk means milk to which flavouring has been added;
flavoured milk substitute means milk substitute to which flavouring has been added and which is marketed as a flavoured product;
milk means cow's milk or the milk of any other animal and, without limiting that meaning, includes milk that is 1 or more of the following:
(a) ultra heat treated or reconstituted milk;
(b) reduced fat milk;
(c) milk with added protein, milk fat, calcium, vitamins, minerals or other supplements;
milk substitute means a liquid substitute for milk derived from a plant or part of a plant and, without limiting that meaning, includes milk substitute that is 1 or more of the following:
(a) ultra heat treated or reconstituted milk substitute;
(b) reduced fat milk substitute;
(c) milk substitute with added protein, fat, calcium, vitamins, minerals or other supplements;
wine-based beverage means a pre‑mixed beverage that contains—
(a) wine and another beverage that is not a grape product; and
(b) less than 10% alcohol by volume at 20° Celsius.
(1) For the purposes of section 69A(1) of the Act, the date before which the holder of an approval to operate a collection depot or carry on business as a super collector must lodge an annual return with the Authority, or pay the annual fee to the Authority, is, unless some other date is fixed by the Authority by condition of the approval, 30 September in each year.
(2) For the purposes of section 69A(2) of the Act, the penalty for failure to lodge an annual return or pay the annual fee is $300 or 5% of the annual fee (whichever is higher) for each month (or part of a month) for which the default continues.
Note— If there has been a failure to lodge an annual return and pay the annual fee, the penalty for default is payable in respect of each failure.
For the purposes of section 69C(2) of the Act, a declaration to be completed by a person presenting containers must include the following:
(a) the full name and address of the person;
(b) proof of identity of the person in the form of—
(i) the person's driver's licence number; or
(ii) if the person is unable to produce his or her driver's licence—a passport, credit or debit card, concession card, gas, electricity or telephone account or similar document or card that has been issued to the person;
(c) if the person has delivered the containers by vehicle—the registration number of the vehicle and the State or Territory of registration;
(d) the signature of the person.
For the purposes of paragraph (b) of the definition of
prohibited container in section 72(1)(b) of the Act, a sealed glass container (commonly known as a plasti‑shield container) that—
(a) is designed to contain more than 500 millilitres of beverage; and
(b) is not designed to be refilled; and
(c) is covered on the outside with a plastic sheath or coating,
is a sealed glass container of a prescribed kind.
(1) For the purposes of the definition of
occupier in section 103A of the Act, a person is to be taken to be an occupier of land if the person owns, or has operational control of, a tank or pipeline, or any works or structure, that—
(a) is installed on or traverses the land, whether below or above the ground; and
(b) is used to store or convey chemical substances or for some process employing chemical substances.
(2) For the purposes of subregulation (1), a person has operational control over a tank, pipeline, works or a structure if the person has the authority to introduce and implement environmental or health and safety policies or any other operating policies for the tank, pipeline, works or structure.
(1) For the purposes of sections 103C and 103H of the Act, the following activities are prescribed as potentially contaminating activities:
(a) an activity of a kind set out in Schedule 3 clause 2, undertaken in the course of a business;
(b) any other activity (other than an activity of a kind excluded under Schedule 3 clause 2 from the ambit of potentially contaminating activities) undertaken in the course of a business involving—
(i) the manufacture, production (including as a by‑product or waste) or recycling of a listed substance or a product containing a listed substance; or
(ii) the storage at a discrete premises of the business of—
(A) 500 litres or more of a liquid listed substance; or
(B) 500 kilograms or more of a listed substance other than a liquid;
(c) a domestic activity of a kind set out in Schedule 3 clause 3.
(2) However—
(a) the Authority may determine that an activity of a kind referred to in subregulation (1)(a) is not a potentially contaminating activity if the Authority is satisfied that the activity has been carried on in such a manner or on such a scale as to present a negligible risk of site contamination; and
(b) the Authority may determine that an activity of a kind referred to in subregulation (1)(b) is not a potentially contaminating activity if the Authority is satisfied that the relevant listed substance has, at all times while at the premises of the business, been contained or incorporated in a product (other than a product that itself is or comprises a listed substance) or container—
(i) in insignificant concentrations; or
(ii) in such a way as to present a negligible risk of escape of the substance to the environment.
(3) For the purposes of this regulation, a reference to a discrete premises of a business is, in the case of activities authorised by a licence—
(a) a reference to each location specified in the licence at which activities authorised by the licence may be undertaken; or
(b) if various places are specified in the licence as a single location at which activities authorised by the licence may be undertaken—a reference to the various places taken together.
(4) To avoid doubt, an activity of a kind referred to in subregulation (1)(a) or (b) is not precluded from being undertaken in the course of a business merely because it is undertaken for the purposes of research.
(5) In this regulation—
recycling includes reprocessing, recovery and purification.
Changes in the use of land within the meaning of the
Development Act 1993 are a prescribed kind of change of use for the purposes of section 103D(2) of the Act.
(1) A person is exempt from the application of section 103M(2) of the Act if the person enters or does anything on land on behalf of the occupier of the land in order to carry out—
(a) the requirements of a site contamination assessment order or site remediation order that has been issued to the occupier; or
(b) a voluntary site contamination assessment proposal or voluntary site remediation proposal that has been approved by the Authority on the application of the occupier.
(2) A person is exempt from the application of section 103M(3) of the Act if the person enters or does anything on land on behalf of the owner of the land in order to carry out—
(a) the requirements of a site contamination assessment order or site remediation order that has been issued to the owner; or
(b) a voluntary site contamination assessment proposal or voluntary site remediation proposal that has been approved by the Authority on the application of the owner.
(1) A person is eligible for accreditation as a site contamination auditor if the person—
(a) has the qualifications, experience, knowledge, understanding and ability set out in subregulation (2); and
(b) is a fit and proper person to be accredited.
(2) An applicant for accreditation must—
(a) have a tertiary qualification approved by the Authority in a relevant discipline; and
(b) have a total of at least 8 years of experience in the assessment and remediation of site contamination; and
(c) have knowledge and understanding at a level satisfactory to the Authority of—
(i) the provisions of the Act and these regulations relating to site contamination assessment, remediation, audits and auditors; and
Auditor’s email address:
Provide details** of each audit undertaken during the period to which the return relates*** for which the auditor was the responsible auditor* including the following details for each audit:
• the EPA reference and site location;
• if the person for whom the audit has been commissioned is different to the person last notified to the EPA, the name of the new person and his or her commissioning authority (eg EPA, owner, occupier, developer or other);
• whether the audit was, during that period, commenced, ongoing, completed or terminated before completion;
• if the audit was commenced, completed or terminated during that period, the date of commencement, completion or termination.
Has the auditor, during the period to which the return relates***, under these regulations or under legislation similar to these regulations in force in another State or Territory of the Commonwealth—
been the subject of disciplinary action (or any preliminary investigations preceding such possible action)? |
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been disqualified from acting as a site contamination auditor? |
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had conditions imposed on his or her accreditation or similar authority limiting the range of activities that he or she may undertake? |
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had an application for such accreditation or similar authority refused? |
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If yes to any of the above questions, provide details**:
What is the amount and the expiry date of the policy of professional indemnity insurance held by the auditor or by which the auditor is covered?
Indicate auditor’s current employment status:
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Indicate auditor’s current accreditation status under these regulations:
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Indicate details of any professional development or training relating to site contamination undertaken by the auditor during the period to which the return relates***:
Declaration To the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.
Signed*:
Dated:
* This form must be completed and signed by the responsible auditor, being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audits.
** If insufficient space, details may be annexed to this form.
*** The period to which the return relates is the 12 month period commencing 8 weeks before the anniversary of the day on which the auditor's accreditation was last renewed or, in the case of an auditor in his or her first year of accreditation, the period from the day on which the auditor's accreditation was granted to 8 weeks before the anniversary of that day.
This annual return must be lodged with the EPA in accordance with section 103Y of the Environment Protection Act 1993 .
Part 3—Notifications by auditors after commencement or termination of audit ( regulation 66 )
6—Form of notification by auditor after commencement of audit
Notification by auditor after commencement of audit (under section 103Z of the
Environment Protection Act 1993 )Name of auditor*:
Auditor’s accreditation number:
Term of auditor’s accreditation:to
Name of auditor’s company or business:
Auditor’s project reference:
Name of audit site
[if applicable] :Address of audit site:
Name of council for area in which audit site is situated
[if within council area] :Provide the following particulars** relating to the relevant land and the audit site:
• certificates of title of all the relevant land and an indication of whether the audit site comprises all or part only of the land shown on or described in the certificates of title;
• details sufficient to identify the location of the land, including section or allotment numbers, area and hundred and coordinates (GDA2020/MGA2020 and associated zone (52, 53 or 54));
• audit plans indicating the location and extent of the audit site (which must comply with the guidelines issued by the EPA from time to time).
Name of owner of audit site:
Name of occupier of audit site:
Name, postal address and position of person who commissioned audit:
Indicate authority of person who commissioned audit:
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Indicate reasons for audit
[indicate all reasons] :
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If audit is required under the
Environment Protection Act 1993 , provide EPA reference number:Indicate audit purposes
[indicate all purposes] :
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Date of commencement of audit:
Estimated date of completion of audit:
If this audit is 1 of a series of audits to be undertaken in relation to the audit site, indicate the total number of audits proposed to be undertaken (if known) and the completion or estimated completion dates for those audits (if known)**:
Indicate:
• proposed site use:
• current site use, or, if currently unoccupied, most recent site use:
• any potentially contaminating activities (within the meaning of regulation 50 of these regulations) known to have occurred at the site:
If audit is required for development consent under the
Development Act 1993 , indicate:
• relevant planning authority:
• development application number
[if known] :• site zoning:
Declaration I am not aware of any conflict of interest within the meaning of section 103X of the
Environment Protection Act 1993 that would preclude me from undertaking this audit.To the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.
Signed*:
Dated:
* This form must be completed and signed by the "responsible auditor", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.
** If insufficient space, details may be annexed to this form.
This notification must be lodged with the EPA.
Details of this notification will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993 .
7—Form of notification by auditor after termination (before completion) of audit
Notification by auditor after termination (before completion) of audit (under section 103Z of the
Environment Protection Act 1993 )Name of auditor*:
Auditor’s accreditation number:
Name of auditor’s company or business:
EPA reference:
Name of audit site
[if applicable] :Address of audit site:
Name, postal address and position of person who terminated audit:
Indicate authority of person who terminated audit:
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Date audit terminated:
Reasons for termination**:
Declaration To the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.
Signed*:
Dated:
* This form must be completed and signed by the "responsible auditor", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.
** If insufficient space, details may be annexed to this form.
This notification must be lodged with the EPA.
Details of this notification will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993 .
Part 4—Site contamination audit statement ( regulation 67 )
Site contamination audit statement (under section 103Z of the
Environment Protection Act 1993 )This statement contains the summary of the findings of the site contamination audit set out in the site contamination audit report titled:
[insert title of site contamination audit report] (referred to in this form as thereport ) dated:[insert report date] Name of auditor*:
Auditor’s accreditation number:
Name of auditor’s company or business:
Auditor’s project reference:
EPA reference:
Name of audit site
[if applicable] :Address of audit site:
Name of council for area in which audit site is situated
[if within council area] :Provide the following particulars** relating to the relevant land and the audit:
• certificates of title of all the relevant land and an indication of whether the audit site comprises all or part only of the land shown on or described in the certificates of title;
• details sufficient to identify the location of the land, including section or allotment numbers, area and hundred and coordinates (GDA2020/MGA2020 and associated zone (52, 53 or 54));
• if the audit site comprises part only of the land described in the certificates of title, or if there is no certificate of title for the land comprising the audit site—survey plans prepared by a licensed surveyor;
• audit plans indicating the location and extent of the audit site (which must comply with the guidelines issued by the EPA from time to time).
Name of owner of audit site:
Name of occupier of audit site:
Name, postal address and position of person who commissioned audit:
Indicate authority of person who commissioned audit:
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Reasons for audit
[indicate all reasons] :
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If audit was required under the
Environment Protection Act 1993 , provide EPA reference number:Audit purposes
[indicate all purposes] :
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If audit was required for development consent under the
Development Act 1993 , provide:
• name of relevant planning authority:
• development application number
[if known] :• site zoning:
• proposed site use:
Date of commencement of audit:
Date of notification of commencement of audit to EPA:
Date of completion of audit:
Summary of findings
Provide the summary of the findings of the site contamination audit as set out in the report.
If there is insufficient space on this form, provide the summary as an annexure to this form.
[NB: A site contamination audit report must comply with the guidelines from time to time issued by the EPA.]
Certification of copy of summary of findings I certify that the summary of findings contained within or annexed to this statement represents a true and accurate summary of the findings of the site contamination audit set out in the report.
Signed*:
Dated:
* This form must be completed and signed by the "responsible auditor", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.
** If insufficient space, details may be annexed to this form.
This site contamination audit statement must be lodged, on completion of the audit, with the council for the area in which the audit site is situated and any prescribed body (see regulation 68 of these regulations).
The report (including the summary of findings) will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993 .
In these regulations (except Part 2 of this Schedule), the monetary value of a fee unit is—
(a) for the purposes of the annual authorisation fee for a licence (including a projected annual authorisation fee under regulation 27(4) and (5))—
(i) for the flat fee component—$77.50;
(ii) for the environment management component—$866.00;
(iii) for the pollutant load‑based component—$7.65;
(iv) for the water reuse component—$19.20;
(b) for all other purposes—$23.80.
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if the authorisation fee last paid or payable was less than $1 000 |
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if the authorisation fee last paid or payable was not less than $1 000 but not more than $1 999 |
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if the authorisation fee last paid or payable was not less than $2 000 but not more than $4 999 |
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if the authorisation fee last paid or payable was not less than $5 000 but not more than $9 999 |
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if the authorisation fee last paid or payable was not less than $10 000 but not more than $49 999 |
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if the authorisation fee last paid or payable was $50 000 or more |
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application for approval of a class of containers as category A or category B containers (section 68 of the Act)— | |
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application for approval to operate a collection depot (section 69 of the Act)— | |
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application for approval to carry on business as a super collector (section 69 of the Act) |
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annual fee for operating a collection depot (section 69A of the Act)— | |
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annual fee for carrying on business as a super collector (section 69A of the Act) |
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application for accreditation (regulation 54) |
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grant of accreditation (regulation 55) or renewal of accreditation (regulation 59) |
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annual fee for accreditation (regulation 58) |
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replacement of certificate of accreditation or identity card (regulation 62) |
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each manual inspection |
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each inspection requiring access to a computer— | |
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first page |
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each additional page |
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(1) Pursuant to section 113 of the Act (but subject to Part 6 of these regulations and this clause), the prescribed levy payable by the holder of a licence to conduct a waste disposal depot in respect of waste received at the depot is—
for solid waste— | |
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for liquid waste (per kilolitre disposed of at the depot) |
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(2) If under the licence the waste disposal depot is required to cover landfill at the depot with material on a daily or more frequent basis, the amount of the levy payable in respect of the waste under subclause (1)(a)(ii) is to be subject to a deduction calculated in accordance with the following formula:
where—
PCD is the percentage cover deduction of 10%
W is the total amount of designated solid waste (in tonnes) disposed of (including any waste used as cover for landfill) at the depot in the relevant period
LR is the average levy rate paid per tonne of solid waste disposed of at the depot in the relevant period (excluding any solid waste in respect of which payment of all or part of the levy is waived or refunded under section 116 of the Act).
Note— To the extent to which the calculation of the levy payable under this clause following the application of the deduction under this subclause results in an amount that is less than $0, that amount, to the extent that it is less than $0, is to be disregarded and may not be carried over to another period.
(3) For the purposes of this clause,
designated solid waste means the following solid waste (including waste fill):
(a) solid waste disposed of at the depot;
(b) solid waste used as cover for landfill at the depot on a daily or more frequent basis;
(c) solid waste used at the depot for an operational use, other than an approved operational use;
(d) solid waste that is the subject of unauthorised stockpiling at the depot;
(e) solid waste that has been stockpiled at the depot in contravention of the relevant licence.
(4) In this clause—
approved operational use has the same meaning as in regulation 69A;
incineration depot means a depot, facility or works referred to in Schedule 1 Part A clause 3(3)(c) of the Act;
landfill depot means a depot, facility or works referred to in Schedule 1 Part A clause 3(3)(a) of the Act;
operational use has the same meaning as in regulation 68A(1);
waste disposal depot means a depot, facility or works referred to in Schedule 1 Part A clause 3(3) of the Act.
• This version is comprised of the following:
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• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The
Environment Protection Regulations 2009 were revoked by Sch 6 cl 1 of theEnvironment Protection Regulations 2023 on 1.4.2024.
Legislation revoked by principal regulations The
Environment Protection Regulations 2009 revoked the following:
Environment Protection (Beverage Container) Regulations 2008
Environment Protection (Exempt Classes of Persons and Activities) Regulations 2001
Environment Protection (Fees and Levy) Regulations 1994
Environment Protection (General) Regulations 1994
Environment Protection (Site Contamination) Regulations 2008
Year | No | Reference | Commencement |
2009 | 227 | 1.9.2009: r 2 | |
2009 | 274 | 26.11.2009: r 2 | |
2010 | 27 | 22.4.2010: r 2 | |
2010 | 76 | 1.7.2010: r 2 | |
2010 | 168 | Pt 2 (r 4)—1.7.2010: r 2 | |
2011 | 34 | 1.7.2011: r 2 | |
2011 | 155 | 1.7.2011: r 2 | |
2012 | 120 | 1.7.2012: r 2 | |
2012 | 161 | 1.7.2012: r 2 | |
2013 | 45 | 1.7.2013: r 2 | |
2013 | 73 | 1.7.2013: r 2 | |
2013 | 167 | 1.7.2013: r 2 | |
2013 | 181 | 11.7.2013: r 2 | |
2013 | 228 | 30.11.2013: r 2 | |
2014 | 82 | 1.7.2014: r 2 | |
2014 | 184 | 26.6.2014: r 2 | |
2015 | 121 | 1.7.2015: r 2 | |
2016 | 27 | 28.8.2016: r 2 | |
2016 | 63 | 1.7.2016: r 2 | |
2016 | 181 | 1.9.2016: r 2 | |
2017 | 122 | 1.7.2017: r 2 | |
2018 | 13 | 22.2.2018: r 2 | |
2018 | 115 | 1.7.2018: r 2 | |
2019 | 2 | 1.6.2019 immediately after the commencement of Environment Protection (Variation of Act, Schedule 1) (Waste Reform) Regulations 2019: r 2 | |
2019 | 142 | 1.7.2019: r 2 | |
2019 | 158 | 1.7.2019: r 2 | |
2020 | 81 | 1.7.2020: r 2 | |
2020 | 277 | 24.9.2020: r 2 | |
2020 | 309 | 1.7.2021: r 2 | |
2020 | 312 | 1.4.2021: r 2 | |
2021 | 16 | 1.12.2021: r 2 | |
2021 | 61 | 1.7.2021: r 2 | |
2021 | 80 | 1.7.2021 immediately after 309/2020 except rr 6, 7 & 9—1.12.2021 immediately after 16/2021: r 2 | |
2022 | 29 | 1.7.2022: r 2 | |
2023 | 38 | 1.7.2023: r 2 |
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement |
Pt 1 | ||
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| varied by 168/2010 r 4 | 1.7.2010 |
| substituted by 228/2013 r 4(1) | 30.11.2013 |
| substituted by 115/2018 r 4 | 1.7.2018 |
| varied by 34/2011 r 4 | 1.7.2011 |
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| inserted by 228/2013 r 4(2) | 30.11.2013 |
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| substituted by 228/2013 r 4(3) | 30.11.2013 |
| inserted by 228/2013 r 4(3) | 30.11.2013 |
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Pt 2 | ||
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| varied by 2/2019 r 5(1) | 1.6.2019 |
| varied by 2/2019 r 5(2) | 1.6.2019 |
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| varied by 2/2019 r 7 | 1.6.2019 |
Pt 3 | ||
| inserted by 2/2019 r 8 | 1.6.2019 |
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| substituted by 2/2019 r 9 | 1.6.2019 |
| varied by 2/2019 r 10 | 1.6.2019 |
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| substituted by 45/2013 r 4 | 1.7.2013 |
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| substituted by 45/2013 r 5 | 1.7.2013 |
| inserted by 45/2013 r 5 | 1.7.2013 |
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| varied by 34/2011 r 5 | 1.7.2011 |
varied by 228/2013 r 5(1), (2) | 30.11.2013 | |
| substituted by 228/2013 r 5(3) | 30.11.2013 |
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| varied by 228/2013 r 6(1) | 30.11.2013 |
| inserted by 228/2013 r 6(2) | 30.11.2013 |
| varied by 228/2013 r 6(3) | 30.11.2013 |
| varied by 228/2013 r 6(4) | 30.11.2013 |
| inserted by 228/2013 r 6(5) | 30.11.2013 |
| varied by 34/2011 r 7 | 1.7.2011 |
Pt 4 | ||
| varied by 34/2011 r 8 | 1.7.2011 |
varied by 181/2013 r 4(1), (2) | 11.7.2013 | |
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| varied by 181/2013 r 5(1) | 11.7.2013 |
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| substituted by 181/2013 r 5(2) | 11.7.2013 |
| inserted by 181/2013 r 5(2) | 11.7.2013 |
| substituted by 181/2013 r 5(2) | 11.7.2013 |
| inserted by 181/2013 r 5(2) | 11.7.2013 |
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| varied by 155/2011 r 5(1) | 1.7.2011 |
| substituted by 155/2011 r 5(2) | 1.7.2011 |
Pt 5 | ||
| substituted by 13/2018 r 4 | 22.2.2018 |
Pt 6 | ||
| varied by 309/2020 r 4 | 1.7.2021 |
Pt 6 Div 1 | ||
| inserted by 309/2020 r 5 | 1.7.2021 |
| inserted by 309/2020 r 5 | 1.7.2021 |
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| inserted by 16/2021 r 4 | 1.12.2021 |
| inserted by 16/2021 r 4 | 1.12.2021 |
| inserted by 16/2021 r 4 | 1.12.2021 |
| inserted by 16/2021 r 4 | 1.12.2021 |
| inserted by 80/2021 r 4 | 1.7.2021 |
| inserted by 80/2021 r 4 | 1.7.2021 |
| inserted by 309/2020 r 5 | 1.7.2021 |
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| inserted by 80/2021 r 5(2) | 1.7.2021 |
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| substituted by 309/2020 r 6(1) | 1.7.2021 |
| inserted by 309/2020 r 6(1) | 1.7.2021 |
| inserted by 309/2020 r 6(2) | 1.7.2021 |
| inserted by 16/2021 r 5 | 1.12.2021 |
| varied by 80/2021 r 6 | 1.12.2021 |
| inserted by 16/2021 r 5 | 1.12.2021 |
Pt 6 Div 2 | ||
| inserted by 309/2020 r 7 | 1.7.2021 |
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| substituted by 115/2018 r 6 | 1.7.2018 |
| substituted by 16/2021 r 6 | 1.12.2021 |
Pt 6 Div 3 | ||
| inserted by 309/2020 r 8 | 1.7.2021 |
| inserted by 309/2020 r 8 | 1.7.2021 |
| substituted by 309/2020 r 9 | 1.7.2021 |
| inserted by 309/2020 r 9 | 1.7.2021 |
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| substituted by 309/2020 r 10(1) | 1.7.2021 |
| substituted by 309/2020 r 10(2) | 1.7.2021 |
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| substituted by 309/2020 r 11(1) | 1.7.2021 |
| varied by 309/2020 r 11(2) | 1.7.2021 |
| substituted by 309/2020 r 12 | 1.7.2021 |
| inserted by 309/2020 r 12 | 1.7.2021 |
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| varied by 309/2020 r 13(1), (2) | 1.7.2021 |
| varied by 309/2020 r 13(3) | 1.7.2021 |
| substituted by 309/2020 r 13(4) | 1.7.2021 |
| inserted by 16/2021 r 7 | 1.12.2021 |
| varied by 80/2021 r 7 | 1.12.2021 |
| inserted by 16/2021 r 7 | 1.12.2021 |
Pt 6 Div 4 | inserted by 309/2020 r 14 | 1.7.2021 |
Pt 6 Div 5 | inserted by 309/2020 r 14 | 1.7.2021 |
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| varied by 80/2021 r 8(1) | 1.7.2021 |
| substituted by 80/2021 r 8(2) | 1.7.2021 |
| varied by 80/2021 r 8(3) | 1.7.2021 |
| varied by 80/2021 r 8(4) | 1.7.2021 |
(a)(iii) deleted by 80/2021 r 8(4) | 1.7.2021 | |
Pt 6 Div 6 | inserted by 309/2020 r 14 | 1.7.2021 |
Pt 7 | ||
| inserted by 142/2019 r 4 | 1.7.2019 |
Pt 8 | ||
| inserted by 274/2009 r 4 | 26.11.2009 |
| inserted by 184/2014 r 4 | 26.6.2014 |
| inserted by 27/2016 r 4 | 28.8.2016 |
Sch 1 | ||
| substituted by 2/2019 r 11 | 1.6.2019 |
Sch 2 | ||
| ||
| substituted by 277/2020 r 4(1) | 24.9.2020 |
| inserted by 277/2020 r 4(1) | 24.9.2020 |
| varied by 121/2015 r 7(1) | 1.7.2015 |
substituted by 277/2020 r 4(2) | 24.9.2020 | |
| varied by 121/2015 r 7(2) | 1.7.2015 |
substituted by 277/2020 r 4(2) | 24.9.2020 | |
| varied by 121/2015 r 7(3) | 1.7.2015 |
substituted by 277/2020 r 4(2) | 24.9.2020 | |
| substituted by 277/2020 r 4(2) | 24.9.2020 |
| varied by 121/2015 r 7(4) | 1.7.2015 |
substituted by 277/2020 r 4(2) | 24.9.2020 | |
| ||
| varied by 228/2013 r 7(1) | 30.11.2013 |
varied by 2/2019 r 12(1)—(5) | 1.6.2019 | |
varied by 312/2020 r 4(1) | 1.4.2021 | |
| inserted by 312/2020 r 4(2) | 1.4.2021 |
| varied by 34/2011 r 9(1)—(4) | 1.7.2011 |
varied by 228/2013 r 7(2) | 30.11.2013 | |
substituted by 2/2019 r 12(6) | 1.6.2019 | |
substituted by 142/2019 r 5 | 1.7.2019 | |
varied by 312/2020 r 4(3)—(5) | 1.4.2021 | |
Sch 3 | ||
| varied by 277/2020 r 5(1) | 24.9.2020 |
| varied by 277/2020 r 5(2) | 24.9.2020 |
| ||
| ||
| ||
Sch 4 | substituted by 29/2022 r 3 | 1.7.2022 |
| substituted by 38/2023 r 3(1) | 1.7.2023 |
| amended by 38/2023 r 3(2) | 1.7.2023 |
Sch 5 | inserted by 27/2016 r 5 | 28.8.2016 |
If a person, immediately before the commencement of this clause, held a licence authorising an activity of a kind referred to in Schedule 1 Part A clause 8(7) of the Act (discharges to marine or inland waters) and the activity or activities undertaken under the licence are an activity or activities described in Schedule 1 Part A clause 8(6a) of the Act (as amended by the
Environment Protection (Variation of Act, Schedule 1) Regulations 2013 ) as a desalination plant—
(a) the person will, on that commencement, be taken to hold a licence to undertake the activity or activities so described for the remainder of the term, and subject to the same conditions (if any), applying immediately before that commencement; and
(b) any reference in the licence to "discharges to marine or inland waters" as described in Schedule 1 Part A clause 8(7) of the Act immediately before the commencement of this clause, will, on that commencement, be taken to be a reference to a "desalination plant"; and
(c) any reference in the licence to the undertaking of the activity or activities under Schedule 1 Part A clause 8(7) of the Act will, on that commencement, be taken to be a reference to the undertaking of the activity or activities under Schedule 1 Part A clause 8(6a) of the Act.
(1) A right of appeal to the Administrative and Disciplinary Division of the District Court under regulation 63 of the principal regulations in existence before the relevant day (but not exercised before that day) will be exercised as if regulation 4 had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(2) Nothing in this clause affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal regulations before the relevant day.
(3) In this clause—
principal regulations means theEnvironment Protection Regulations 2009 ;
relevant day means the day on which these regulations come into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under theSouth Australian Civil and Administrative Tribunal Act 2013 .
26.11.2009 |
22.4.2010 |
1.7.2010 |
1.7.2011 |
1.7.2012 |
1.7.2013 |
11.7.2013 |
30.11.2013 |
26.6.2014 (electronic only) |
1.7.2014 |
1.7.2015 |
1.7.2016 |
28.8.2016 |
1.9.2016 |
1.7.2017 |
22.2.2018 |
1.7.2018 |
1.6.2019 |
1.7.2019 |
1.7.2020 |
24.9.2020 |
1.4.2021 |
1.7.2021 |
1.12.2021 |
1.7.2022 |
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