Environment Protection Regulations 2023 (SA)
South Australia
Environment Protection Regulations 2023
under the Environment Protection Act 1993
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
Part 2—General provisions supporting Act
4 Prescribed national scheme laws (section 3)
5 Prescribed bodies (sections 3, 4 and 5)
6 Board of Authority (section 14B)
7 Environment Protection Fund (section 24)
8 Normal procedure for making policies (section 28)
9 Simplified procedure for making certain policies (section 29)
10 Certain matters to be referred to Water Resources Minister (section 64)
11 Powers of authorised officers (section 87)
12 Issue of warrants (section 88)
13 Authority may recover civil penalty in respect of contravention (section 104A)
14 Public register (section 109)
Part 3—Environmental authorisations
Division 1—General provisions supporting Part 6 of Act
15 Notice and submissions in respect of applications for environmental authorisations (section 39)
16 Time limit for determination of applications (section 42)
17 Term and renewal of environmental authorisations (section 43)
18 Conditions (section 45)
19 Notice and submissions in respect of proposed variations of conditions (section 46)
20 Criteria for grant and conditions of environmental authorisations (section 47)
21 Annual fees and returns (section 48)
22 Transfer of environmental authorisations (section 49)
23 Conditions requiring financial assurance (section 51)
Division 2—Application and authorisation fees
Subdivision 1—Works approvals
24 Works approvals—Application fee for grant, authorisation fee on grant or renewal and annual authorisation fee
Subdivision 2—Exemptions
25 Exemptions—Application fee for grant, authorisation fee for grant or renewal and annual authorisation fee
Subdivision 3—Licences
26 Licences—Application fee for grant and authorisation fee for grant or renewal
27 Licences—Annual authorisation fee
28 Determining environment management component
29 Determining pollutant load‑based component
30 Determining water reuse component
31 Adjustment of annual authorisation fee or projected annual authorisation fee after end of licence period or projected licence period
32 Cessation of activity
Division 3—Discounts and other benefits for accredited licensees
33 Benefits of accreditation
34 Accredited licences
35 Performance reports
36 Review of accreditation
Division 4—Miscellaneous fees relating to environmental authorisations
37 Late application for renewal (section 43(4))
38 Renewal without application (section 43(6))
39 Conditions requiring approval of certain works and processes (section 54C)
Part 4—Beverage containers
40 Beverage (section 65)
41 Collection depot (section 65)
42 Refund amount (section 65)
43 Exemption of certain containers by regulation (section 67)
44 Annual returns for collection depots and super collectors (section 69A)
45 Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction (section 69C)
46 Certain containers prohibited (section 72)
Part 5—Site contamination
Division 1—General provisions supporting Part 10A of Act
47 Occupier (section 103A)
48 Potentially contaminating activities (sections 103C and 103H)
49 Causing site contamination (section 103D)
50 Liability for property damage etc caused by person entering land—exemptions (section 103M)
Division 2—Site contamination auditors
Subdivision 1—Accreditation
51 Eligibility for accreditation
52 Application for accreditation
53 Grant of accreditation
54 Conditions of accreditation
55 Offence to contravene certain conditions of accreditation
56 Annual fee
57 Term and renewal of accreditation
58 Disciplinary action against site contamination auditors and voluntary suspension
59 Surrender of accreditation
60 Return of certificate of accreditation and identity card
61 Reviews (section 103V(2)(i))
62 Register of site contamination auditors
Subdivision 2—Requirements applying to auditors
63 Annual returns by auditors (section 103Y(2))
64 Notifications by auditors after commencement or termination of audit (section 103Z(3))
65 Site contamination audit report summary and statement (section 103Z(4))
66 Site contamination audit statements to be provided to prescribed bodies (section 103Z(4))
Part 6—Waste depot levy, records, reports and measurement of waste etc
Division 1—Preliminary
67 Interpretation
68 Sharing of information with other persons or bodies
69 Approval of weighbridges
70 Approved operational use
71 Authority may require further information
Division 2—Waste depot levy
72 Waste depot levy (section 113)
Division 3—Reporting, measurement and verification of waste and other matter at waste depots
73 Interpretation
74 Provision of monthly returns by waste depots
75 Measurement of waste and other matter for purposes of monthly returns
76 Exemption from requirements relating to mass balance report
77 Certain depots must have approved weighbridge
78 Exemptions from approved weighbridge requirements
79 Results of baseline survey or stocktake by holder of waste depot licence must be kept and made available
80 Verification of returns by survey
81 Verification of returns by stocktake
82 Special provision for certain councils for waste fees
83 Presumptions and estimates if records are inadequate
84 Authority may require reports of volumetric surveys or tests or monitoring
Division 4—Record keeping
85 Records on measurement of waste by method other than weighbridge
86 Records on measurement of waste by use of approved weighbridge
87 Records of waste and other matter received at waste depot
88 Records of waste and other matter transported from waste depot for use, recovery, recycling, processing or disposal
89 Records in relation to vehicles
90 Records of waste and other matter used for operational purposes
91 Additional requirements in relation to making, retention and availability of records
92 Exemption from record keeping requirements
Division 5—Video monitoring
93 Video monitoring systems
94 Exemption from video monitoring system requirements
Division 6—Vehicle flow plans
95 Vehicle flow plans
Part 7—Other fees and charges
96 Registration or cancellation of registration of environment protection order (section 95)
97 Registration or cancellation of registration of clean‑up order or clean‑up authorisation (section 103)
98 Registration or cancellation of site contamination assessment order or site remediation order (section 103R)
99 Prescribed fee for emergency authorisation (section 105)
100 Recovery of administrative and technical costs associated with contraventions (section 135)
101 Recovery of administrative and technical costs associated with action under Part 10A (section 135A)
102 Interest on amounts recoverable by Authority under sections 64D, 95, 103 and 103R
103 Further fees
Part 8—Miscellaneous
104 Payment of fees by instalments and recovery of fees
105 Authority may require copy of decision on development applications
106 Exemption from requirement for licence for transportation of controlled waste
107 Exemption from Act—Maralinga nuclear test site
108 Cultana Training Area
109 SA Motorsport Park
110 Transitional provisions relating to bodies corporate under repealed Acts
Schedule 1—Forms
1 Form of notice of execution of warrant (regulation 12)
2 Form of notice of right to elect to be prosecuted (regulation 13)
Schedule 2—Environmental authorisations—application and authorisation fees
Part 1—Descriptions and maps of areas (regulation 3)
1 Interpretation
2 Adelaide airshed
3 Mount Gambier airshed
4 Port Pirie airshed
5 Port River region
6 Upper Spencer Gulf
7 Whyalla airshed
Part 2—Environment management component (regulation 28)
8 Interpretation
9 Environment management component
Schedule 3—Site contamination
Part 1—Potentially contaminating activities (regulation 48)
1 Interpretation
2 Activities undertaken in course of business
3 Domestic activities
4 Listed substances
Part 2—Annual returns by auditors (regulation 63)
5 Form of annual return
Part 3—Notifications by auditors after commencement or termination of audit (regulation 64)
6 Form of notification by auditor after commencement of audit
7 Form of notification by auditor after termination (before completion) of audit
Part 4—Site contamination audit statement (regulation 65)
8 Form of site contamination audit statement
Schedule 4—Fees and levy
Part 1—Fees
1 Fee unit
2 Miscellaneous fees
Part 2—Waste depot levy
3 Waste depot levy
Schedule 5—SA Motorsport Park Map
Schedule 6—Transitional provisions
Part 2—Transitional provisions
2 Interpretation
3 Continuation of exemptions
4 Continuation of accreditation in respect of prescribed activities of environmental significance
5 Continuation of accreditation of site contamination auditors
6 Application for accreditation and renewal of accreditation as site contamination auditor
7 Continuation of approved weighbridges
8 Continuation of approved operational use declarations
9 Continuation of approved volume measuring devices
10 Continuation of approved volume calibration methods
11 Continuation of video monitoring system notices
Legislative history
Part 1—Preliminary
1—Short title
These regulations may be cited as the Environment Protection Regulations 2023.
3—Interpretation
In these regulations—
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 34;
Act means the Environment 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 28 and Schedule 2 Part 2);
EPA odour criteria means the criteria specified in Ambient air quality assessment as published by the Authority in August 2016;
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 27);
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 means Metropolitan Adelaide as defined by GRO Plan 639/93;
metropolitan coastal waters means the body of waters extending 3 nautical miles seaward from the coastline forming the western boundary of metropolitan Adelaide;
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 the National 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 29);
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 27);
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):
Chemical substance
Concentration (milligrams per kilogram of waste fill)
Chemical substance
Concentration (milligrams per kilogram of waste fill)
Aldrin/dieldrin (total)
2
Ethylbenzene
3.1
Arsenic
20
Heptachlor
2
Barium
300
Lead
300
Benzene
1
Manganese
500
Benzo(a)pyrene
1
Mercury
1
Beryllium
20
Nickel
60
Cadmium
3
Petroleum hydrocarbons TPH C6‑C9 (total)
65
Chlordane
2
Petroleum hydrocarbons TPH>C9
1000
Chromium (III)
400
Phenolic compounds (total)
0.5
Chromium (VI)
1
Polychlorinated biphenyls (PCBs)
2
Cobalt
170
Polycyclic aromatic hydrocarbons (PAH) (total)
5
Copper
60
Toluene
1.4
Cyanides (total)
500
Xylene (total)
14
DDT
2
Zinc
200
waste transport business (category A) means the prescribed activity of environmental significance specified in Schedule 1 clause 3(6) 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 30);
Whyalla airshed means the area described in Schedule 2 clause 7;
zinc means zinc and its compounds.
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.
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.
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).
Part 2—General provisions supporting Act
4—Prescribed national scheme laws (section 3)
For the purpose of paragraph (a) of the definition of the prescribed national scheme laws in section 3(1) of the Act, the National Environment Protection Council Act 1994 of the Commonwealth is the prescribed law of the Commonwealth.
For the purpose of paragraph (b) of the definition of the prescribed national scheme laws in section 3(1) of the Act, the National Environment Protection Council (South Australia) Act 1995 is the prescribed law of this State.
5—Prescribed bodies (sections 3, 4 and 5)
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)Australian Conservation Foundation Inc;
(b)Business Council for Sustainable Development Australia;
(c)Conservation Council of South Australia Incorporated;
(d)Environmental Defenders Office (SA) Incorporated;
(e)Environmental Health Australia;
(f)Local Government Association of South Australia Incorporated;
(g)National Environmental Law Association Limited (SA Branch);
(h)Primary Producers SA Incorporated;
(i)Royal Australian Chemical Institute Inc.;
(j)SA Unions;
(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 Fire and Emergency Services Commission (established under Part 2 Division 1 of the Fire and Emergency Services Act 2005);
(n)The Australian Industry Group;
(o)The Nature Conservation Society of South Australia Incorporated;
(p)Waste Management and Resource Recovery Association of Australia Ltd.
For the purposes of section 4(1)(b) of the Act, the following bodies are prescribed:
(a)Conservation Council of South Australia Incorporated;
(b)Local Government Association of South Australia Incorporated;
(c)South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA);
(d)The Australian Industry Group;
(e)Waste Management and Resource Recovery Association of Australia Ltd.
6—Board of Authority (section 14B)
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)Primary Producers SA Incorporated; 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)The Australian Industry Group;
(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)Business Council for Sustainable Development Australia; and
(ii)Consult Australia; and
(iii)Waste Management and Resource Recovery Association of Australia Ltd;
(d)in relation to the selection for appointment of a person with legal qualifications and experience in environmental law—
(i)Environmental Defenders Office (SA) Incorporated; and
(ii)National Environmental Law Association Limited (SA Branch);
(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.
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.
7—Environment Protection Fund (section 24)
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%.
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%.
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%.
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%.
8—Normal procedure for making policies (section 28)
For the purposes of section 28 of the Act, the following bodies are prescribed:
(a)Australian Conservation Foundation Inc;
(b)Business Council for Sustainable Development Australia;
(c)Conservation Council of South Australia Incorporated;
(d)Environmental Defenders Office (SA) Incorporated;
(e)Environmental Health Australia;
(f)Local Government Association of South Australia Incorporated;
(g)National Environmental Law Association Limited (SA Branch);
(h)Primary Producers SA Incorporated;
(i)Royal Australian Chemical Institute Inc.;
(j)SA Unions;
(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 Fire and Emergency Services Commission (established under Part 2 Division 1 of the Fire and Emergency Services Act 2005);
(n)The Australian Industry Group;
(o)The Nature Conservation Society of South Australia Incorporated;
(p)Waste Management and Resource Recovery Association of Australia Ltd.
9—Simplified procedure for making certain policies (section 29)
For the purposes of section 29 of the Act, the following bodies are prescribed:
(a)a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to any of the following:
(i)climate change;
(ii)energy;
(iii)environment;
(iv)health;
(v)heritage;
(vi)mining and petroleum;
(vii)natural resource management;
(viii)planning;
(b)Department of Climate Change, Energy, the Environment and Water (Commonwealth);
(c)Department of Environment and Science (Queensland);
(d)Department of Environment, Food and Rural Affairs (United Kingdom);
(e)Department of Energy, Environment and Climate Action (Victoria);
(f)Department of Environment, Parks and Water Security (Northern Territory);
(g)Department of Natural Resources and Environment (Tasmania);
(h)Department of Planning and Environment (New South Wales);
(i)Department of Water and Environmental Regulation (Western Australia);
(j)enHealth (Commonwealth);
(k)Environment Agency (United Kingdom);
(l)Environment, Planning and Sustainable Development Directorate (Australian Capital Territory);
(m)Environmental Protection Agency (Ireland);
(n)Environmental Protection Agency (United States);
(o)Environment Protection Authority (Northern Territory);
(p)Environment Protection Authority (Victoria);
(q)European Environment Agency;
(r)International Organization for Standardization;
(s)National Health and Medical Research Council;
(t)Scottish Environment Protection Agency;
(u)Standards Australia;
(v)United Nations Environment Programme;
(w)World Health Organisation.
10—Certain matters to be referred to Water Resources Minister (section 64)
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.
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.
11—Powers of authorised officers (section 87)
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).
12—Issue of warrants (section 88)
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.
13—Authority may recover civil penalty in respect of contravention (section 104A)
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.
14—Public register (section 109)
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 repealed Waste 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.
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.
Part 3—Environmental authorisations
Division 1—General provisions supporting Part 6 of Act
15—Notice and submissions in respect of applications for environmental authorisations (section 39)
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.
16—Time limit for determination of applications (section 42)
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.
17—Term and renewal of environmental authorisations (section 43)
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.
18—Conditions (section 45)
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.
19—Notice and submissions in respect of proposed variations of conditions (section 46)
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.
20—Criteria for grant and conditions of environmental authorisations (section 47)
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 (repealed);
(iv)Green Industries SA Act 2004;
(v)Landscape South Australia Act 2019;
(vi)Mining Act 1971;
(vii)Natural Resources Management Act 2004 (repealed);
(viii)Petroleum and Geothermal Energy Act 2000;
(ix)Planning, Development and Infrastructure Act 2016;
(x)Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987;
(xi)Radiation Protection and Control Act 1982 (repealed);
(xii)Radiation Protection and Control Act 2021;
(xiii)River Murray Act 2003;
(xiv)Water Resources Act 1997 (repealed); and
(b)the following Acts of other States and Territories are prescribed:
(i)Environmental Management and Pollution Control Act 1994 of Tasmania;
(ii)Environment Protection Act 1970 (repealed) of Victoria;
(iii)Environment Protection Act 1997 of the Australian Capital Territory;
(iv)Environment Protection Act 2017 of Victoria;
(v)Environmental Offences and Penalties Act 1989 (repealed) of New South Wales;
(vi)Environmental Protection Act 1986 of Western Australia;
(vii)Environmental Protection Act 1994 of Queensland;
(viii)Protection of the Environment Operations Act 1997 of New South Wales;
(ix)Waste Management and Pollution Control Act 1998 of the Northern Territory;
(x)Western Australian Marine (Sea Dumping) Act 1981 (repealed) 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.
21—Annual fees and returns (section 48)
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.
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.
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.
22—Transfer of environmental authorisations (section 49)
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 (repealed);
(iv)Green Industries SA Act 2004;
(v)Landscape South Australia Act 2019;
(vi)Mining Act 1971;
(vii)Natural Resources Management Act 2004 (repealed);
(viii)Petroleum and Geothermal Energy Act 2000;
(ix)Planning, Development and Infrastructure Act 2016;
(x)Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987;
(xi)Radiation Protection and Control Act 1982 (repealed);
(xii)Radiation Protection and Control Act 2021;
(xiii)River Murray Act 2003;
(xiv)Water Resources Act 1997 (repealed); and
(b)the following Acts of other States and Territories are prescribed:
(i)Environmental Management and Pollution Control Act 1994 of Tasmania;
(ii)Environment Protection Act 1970 (repealed) of Victoria;
(iii)Environment Protection Act 1997 of the Australian Capital Territory;
(iv)Environment Protection Act 2017 of Victoria;
(v)Environmental Offences and Penalties Act 1989 (repealed) of New South Wales;
(vi)Environmental Protection Act 1986 of Western Australia;
(vii)Environmental Protection Act 1994 of Queensland;
(viii)Protection of the Environment Operations Act 1997 of New South Wales;
(ix)Waste Management and Pollution Control Act 1998 of the Northern Territory;
(x)Western Australian Marine (Sea Dumping) Act 1981 (repealed) 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.
23—Conditions requiring financial assurance (section 51)
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.
Division 2—Application and authorisation fees
Subdivision 1—Works approvals
24—Works approvals—Application fee for grant, authorisation fee on grant or renewal and annual authorisation fee
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).
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; or
(b)in any other case—20 fee units.
The application fee for the renewal of a works approval payable under section 43(2) of the Act is 10 fee units.
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:
Estimated cost of proposed works
Fee units
Up to and including $10 000
10
More than $10 000 but not more than $50 000
20
More than $50 000 but not more than $500 000
40
More than $500 000 but not more than $5 million
60
More than $5 million but not more than $50 million
100
More than $50 million
200
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).
Subdivision 2—Exemptions
25—Exemptions—Application fee for grant, authorisation fee for grant or renewal and annual authorisation fee
The application fee for an exemption payable under section 38(1) of the Act is 43 fee units.
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; or
(b)in any other case—20 fee units.
The application fee for the renewal of an exemption payable under section 43(2) of the Act is 10 fee units.
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.
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 any of the following in relation to the location of the activity to which the exemption will relate:
(i)the Development Act 1993 or a Development Plan or development authorisation under that Act;
(ii)the Planning, Development and Infrastructure Act 2016, the Planning and Design Code or a development authorisation under that Act;
(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).
Subdivision 3—Licences
26—Licences—Application fee for grant and authorisation fee for grant or renewal
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.
Amounts determined under subregulation (1)(b)(iv) are not subject to adjustment under regulation 31.
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; or
(b)in any other case—20 fee units.
The application fee for the renewal of a licence payable under section 43(2) of the Act is 10 fee units.
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.
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.
For the purposes of determining the applicant's projected annual authorisation fee—
(a)a reference in regulation 27 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 (8), 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.
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.
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; or
(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.
27—Licences—Annual authorisation fee
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 28; 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 29; 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 30.
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).
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.
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).
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).
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.
28—Determining environment management component
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.
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.
Amounts determined under this regulation are subject to any necessary adjustment under regulation 31 after the end of the licence period.
29—Determining pollutant load‑based component
The pollutant load‑based component is comprised of a separate amount payable for each assessable site specified in the licence.
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 (4); 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 (5).
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 27(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
Pollutant
Fee units
Location of assessable site
Zone weighting
sulphur dioxide
1
All areas
1
nitrogen oxides
1
Adelaide airshed
2
Other areas
1
particulates
10
Mount Gambier airshed
2
In the case of red dust particulates—Whyalla airshed
4
Other areas
1
volatile organic compounds
10
Adelaide airshed
1.5
Areas outside the Adelaide airshed that are within a council area
1
Other areas
0.5
lead
100
Port Pirie airshed
15
Other areas
1
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 27(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—desalination plants
Pollutant
Fee units
Location of waters
Zone weighting
salt
0.00177
Marine environment
1
All other waters of the State
50
heat
1
All waters of the State
1
suspended solids
10
Metropolitan coastal waters
2
All other waters of the State
1
nitrogen
10
Port River region or Metropolitan coastal waters
3
All other waters of the State
1
phosphorus
10
Port River region
2
All other waters of the State
1
organic matter
10
Lake Bonney (South East)
2
All other waters of the State
1
zinc
10
Upper Spencer Gulf
2
All other waters of the State
1
copper, lead
100
Upper Spencer Gulf
2
All other waters of the State
1
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 27(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 3
Z is the zone weighting determined in accordance with Table 3 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 3—Fee units and zone weightings for designated water pollutants—activities other than desalination plants
Pollutant
Fee units
Location of waters
Zone weighting
heat
1
All waters of the State
1
suspended solids
10
Metropolitan coastal waters
2
All other waters of the State
1
nitrogen
10
Port River region or Metropolitan coastal waters
3
All other waters of the State
1
phosphorus
10
Port River region
2
All other waters of the State
1
organic matter
10
Lake Bonney (South East)
2
All other waters of the State
1
zinc
10
Upper Spencer Gulf
2
All other waters of the State
1
copper, lead
100
Upper Spencer Gulf
2
All other waters of the State
1
If the pollutant threshold is taken to be exceeded under regulation 27(4)(b) or regulation 27(4)(c), the pollutant load‑based component is subject to any necessary adjustment under regulation 31 after the end of the licence period.
In this regulation—
designated reporting period means—
(a)if the pollutant threshold is taken to be exceeded under regulation 27(4)(a)—the reporting period immediately preceding the current licence period; or
(b)if the pollutant threshold is taken to be exceeded under regulation 27(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a); or
(c)if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—a hypothetical reporting period of 12 months.
For the purposes of subregulation (4), 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.
30—Determining water reuse component
The water reuse component is comprised of a separate amount payable for each assessable site specified in the licence.
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 27(4)(c)—estimated by the Authority on the basis of its reasonable assumptions as to the nature and level of the licensee's activities.
If the low salinity water threshold is taken to be exceeded under regulation 27(4)(b) or regulation 27(4)(c), the water reuse component is subject to any necessary adjustment under regulation 31 after the end of the licence period.
In this regulation—
designated reporting period means—
(a)if the low salinity water threshold is taken to be exceeded under regulation 27(4)(a)—the reporting period immediately preceding the current licence period; or
(b)if the low salinity water threshold is taken to be exceeded under regulation 27(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a); or
(c)if the low salinity water threshold is taken to be exceeded under regulation 27(4)(c)—a hypothetical reporting period of 12 months.
31—Adjustment of annual authorisation fee or projected annual authorisation fee after end of licence period or projected licence period
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) 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 27(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 27(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.
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) 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.
In this regulation—
annual authorisation fee includes a projected annual authorisation fee under regulation 26;
licence period includes a projected licence period under regulation 26.
32—Cessation of activity
Despite regulation 27, 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.
Division 3—Discounts and other benefits for accredited licensees
33—Benefits of accreditation
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.
34—Accredited licences
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.
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.
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.
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.
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.
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.
An accreditation may, with the approval of the Authority, be transferred simultaneously with the transfer of a licence under section 49 of the Act.
35—Performance reports
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.
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.
36—Review of accreditation
The Authority may, at any time, review the accreditation of an accredited licensee.
The Authority must give the licensee notice of its intention to conduct a review under this regulation.
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.
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.
Division 4—Miscellaneous fees relating to environmental authorisations
37—Late application for renewal (section 43(4))
For the purposes of section 43(4) of the Act, the fee for late application for renewal of an environmental authorisation is $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.
38—Renewal without application (section 43(6))
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.
39—Conditions requiring approval of certain works and processes (section 54C)
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:
Schedule 3—Site contamination
Part 1—Potentially contaminating activities (regulation 48)
1—Interpretation
In this Part—
recycling includes reprocessing, recovery and purification.
2—Activities undertaken in course of business
Activity
Definition
Abrasive blasting
Operation of works for abrasive blast cleaning or disposal of abrasive blasting material (including mobile abrasive blasting works and abrasive blast cleaning carried out in fully enclosed booths but excluding abrasive blast cleaning undertaken for residential purposes)
Acid sulphate soil generation
Oxidation of iron sulphide in potential acid sulphate soil material (sulphidic material) resulting in formation of actual acid sulphate soil material or sulphuric material
Agricultural activities
Any of the following activities undertaken in the course of agriculture:
(a) burial of animals or parts of animals;
(b) burial of other waste;
(c) irrigation using wastewater;
(d) intensive application or administration of a listed substance to animals, plants, land or water (excluding routine spraying, in accordance with manufacturers' instructions, of pesticides used in broad‑acre farming)
Airports, aerodromes or aerospace industry
Operation of premises for commercial or charter aircraft take‑off and landing or manufacture, repair or maintenance of commercial or charter aircraft or aircraft equipment
Animal burial
Burial of animals or parts of animals other than in the course of agriculture
Animal dips or spray race facilities
Operation of animal dips or spray race facilities
Animal feedlots
Operation of confined yards or areas for holding of animals and feeding of animals principally by mechanical means or by hand
Animal saleyards
Operation of yards at which cattle, sheep or other animals are gathered and confined for the purpose of their sale, auction or exchange (including associated transport loading facilities and associated wastewater disposal)
Asbestos disposal
Disposal of asbestos or asbestos products
Asphalt or bitumen works
Operation of works for manufacture of asphalt or bitumen
Battery manufacture, recycling or disposal
Assembly, disassembly, manufacture or recycling of batteries (excluding storage of batteries for sale)
Breweries
Production of beer by infusion, boiling or fermentation
Brickworks
Production of bricks (including glazing of bricks)
Bulk shipping facilities
Operation of facilities for bulk handling of agricultural crop products, rock, ores, minerals or liquid organic chemical substances to or from wharf or wharfside facility (including sea‑port grain terminals)
Cement works
Operation of works for production of cement clinker or grinding of cement clinker using argillaceous and calcareous materials
Ceramic works
Operation of works for manufacture of tiles, pipes, pottery goods, refractories or other ceramic products
Charcoal manufacture
Manufacture of charcoal
Coal handling or storage
Handling of coal, coke or carbonaceous material by any means or storage of coal, coke or carbonaceous reject material
Coke works
Production, quenching, cutting, crushing or grading of coke
Compost or mulch production or storage
Production or storage of compost, mulch or garden soils
Concrete batching works
Operation of works for production of concrete or concrete products manufactured by inclusion of cement, sand, rock, aggregate or similar materials
Curing or drying works
Operation of works for smoking, drying or curing meat, fish or other edible products by application of heat or smoke
Defence works
Operation of military defence establishments (including training areas)
Desalination plants
Operation of desalination plants
Dredge spoil disposal or storage
Disposal of dredge spoil onto land or storage of dredge spoil
Drum reconditioning or recycling works
Operation of works for reconditioning or recycling of metal or plastic drums
Dry cleaning
Operation of premises for dry cleaning
Electrical or electronics component manufacture
Manufacture of electrical or electronics components
Electrical substations
Operation of electrical substations
Electrical transformer or capacitor works
Operation of works for manufacture, repair, storage or disposal of electrical transformers, capacitors or associated equipment or fluids
Electricity generation or power plants
Operation of electricity generation or power plants
Explosives or pyrotechnics facilities
Operation of facilities for manufacture of explosives or pyrotechnics
Fertiliser manufacture
Manufacture of agricultural fertiliser
Fibreglass manufacture
Manufacture of fibreglass products
Fill or soil importation
Importation, to premises of a business, of soil or other fill originating from a site at which another potentially contaminating activity has taken place
Fire extinguisher or retardant manufacture
Manufacture of fire extinguishers or fire retardants
Fire stations
Underground storage of fuel at fire stations
Fire training areas
Operation of premises for fire training involving the use of liquid fuel, fire accelerants, aqueous film forming foam or similar substances
Foundry
Manufacture of metal products by injecting or pouring molten metal into moulds
Fuel burning facilities
Burning of solid or liquid fuel (including for generation of power or steam at rate of heat release exceeding 1MW)
Furniture restoration
Restoration of furniture
Gasworks
Operation of gasworks or gas holders
Glass works
Operation of works for manufacture of glass products
Glazing
Glazing of ceramics or pottery
Hat manufacture or felt processing
Manufacture of hats or processing of felt
Incineration
Incineration within the meaning of Schedule 1 Part A clause 3(1) of the Act
Iron or steel works
Operation of works for manufacture of iron or steel
Laboratories
Operation of laboratories
Landfill sites
Operation of sites for disposal of waste onto or into land
Lime burner
Manufacture (by means of kiln) of cement or lime from limestone (including associated storage of waste)
Metal coating, finishing or spray painting
Finishing, treating or coating of metal (including anodising, galvanising, pickling, electroplating, heat treatment, powder coating, enamelling and spray painting)
Metal forging
Forging of metal products
Metal processing, smelting, refining or metallurgical works
Operation of works for melting (by means of furnace) of ferrous or non‑ferrous metal or smelting or reduction of ores to produce metal
Mineral processing, metallurgical laboratories or mining or extractive industries
Chemical or physical extraction or processing of metalliferous ores, storage of mining or exploration waste (for example, in tailings dams, overburden or waste rock dumps) mining or processing of minerals or operation of laboratories or pilot facilities for processing or testing of minerals
Mirror manufacture
Manufacture of mirrors
Motor vehicle manufacture
Manufacture of motor vehicles
Motor vehicle racing or testing venues
Operation of facilities designed and used for motor vehicle competitions or motor vehicle speed or performance trials
Motor vehicle repair or maintenance
Operation of premises for repair or maintenance of motor vehicles or parts of motor vehicles (including engine reconditioning works)
Motor vehicle wrecking yards
Operation of yards for wrecking or dismantling of motor vehicles or parts of motor vehicles
Mushroom farming
Farming of mushrooms
Oil recycling works
Operation of works for recycling of oil
Oil refineries
Operation of works for refining of crude petroleum oil or shale
Paint manufacture
Manufacture (including blending, mixing and formulation) of paint
Pest control works
Operation of premises for storage of pesticides or filling or washing of tanks used in pest control operations
Plastics manufacture works
Operation of works for manufacture (including blending, mixing and formulation) of plastics or plastic components (excluding processing and moulding of plastics manufactured elsewhere)
Printing works
Operation of printing works
Pulp or paper works
Operation of works for manufacture of timber pulp or paper
Railway operations
Railway operations within the meaning of Schedule 1 Part A clause 7(2) of Act
Rubber manufacture or processing
Manufacture or processing of rubber or rubber products
Scrap metal recovery
Recovery (including cleaning) of scrap metal
Service stations
Operation of retail fuel outlets
Ship breaking
Wrecking or dismantling of ships
Spray painting
Spray painting other than spray painting of metal
Tannery, fellmongery or hide curing
Operation of works for preservation or treatment of animal skins or hides
Textile operations
Manufacture or dyeing of fabrics or materials
Transport depots or loading sites
Operation of transport depots or loading sites
Tyre manufacture or retreading
Manufacture or retreading of tyres
Vermiculture
Cultivation of earthworms for production of earthworms or earthworm castings
Vessel construction, repair or maintenance
Operation of works or facilities (whether on water or land) for construction, repair or maintenance of vessels
Waste depots
Reception, storage or treatment (including recycling) of waste or disposal of waste to land or water
Wastewater storage, treatment or disposal
Storage (including in tanks, lagoons and ponds) or treatment (including recycling) of wastewater or disposal of wastewater to land or water
Water discharge to underground aquifer
Direct discharge of water from surface of land to underground aquifer
Wetlands or detention basins
Operation of bodies of water less than 6 metres deep for collection and management of stormwater or other wastewater for urban amenity, flood mitigation or ecological or other environmental purposes
Wineries or distilleries
Operation of works for processing grapes or other produce to make wine or spirits
Wood preservation works
Operation of works involving treatment or preservation of timber using chemicals
Woolscouring or wool carbonising works
Operation of works involving cleaning or carbonising of wool other than in course of handicraft business where wool is further processed for retail sale
Works depots
Operation of works depots by councils or utilities
3—Domestic activities
Activity
Definition
Fill or soil importation
Importation, to domestic premises, of soil or other fill originating from a site at which another potentially contaminating activity has taken place
Liquid organic chemical substances—storage
Storage of more than 500 litres of liquid organic chemical substances in underground or aboveground tanks or vessels at a discrete premises (excluding storage of oil for domestic heating at the premises)
4—Listed substances
Acidic solutions
Acids
Adhesives (excluding solid inert polymeric materials)
Alkali metals
Alkaline earth metals
Alkaline solutions
Alkalis
Antimony
Antimony compounds
Antimony solutions
Arsenic
Arsenic compounds
Arsenic solutions
Asbestos
Barium compounds
Barium solutions
Beryllium
Beryllium compounds
Boron
Boron compounds
Cadmium
Cadmium compounds
Cadmium solutions
Calcium carbide
Carbon disulphide
Carcinogens
Chlorates
Chromium compounds
Chromium solutions
Copper compounds
Copper solutions
Cyanide complexes
Cyanides
Cyanide solutions
Cytotoxic wastes
Dangerous substances within the meaning of the Dangerous Substances Act 1979
Distillation residues
Equipment containing mercury
Fluoride compounds
Halogens
Heterocyclic organic compounds containing oxygen, nitrogen or sulphur
Isocyanate compounds (excluding solid inert polymeric materials)
Laboratory chemicals
Lead compounds
Lead solutions
Lime sludges or slurries
Liquid organic chemical substances
Manganese compounds
Medical waste within the meaning of Schedule 1 Part B of the Act
Mercaptans
Mercury compounds
Mutagens
Nickel compounds
Nickel solutions
Nitrates
Organic halogen compounds (excluding solid inert polymeric materials)
Organic phosphates
Organic solvents
Organometallic residues
Oxidising agents
Paint sludges or residues
Perchlorates
Peroxides
Pesticides
Pharmaceutical wastes or residues
Phenolic compounds (excluding solid inert polymeric materials)
Phosphorus
Phosphorus compounds
Poisons within the meaning of the Controlled Substances Act 1984
Polychlorinated biphenyls
Radionuclides
Reactive chemicals
Reducing agents
Selenium
Selenium compounds
Selenium solutions
Silver compounds
Silver solutions
Solvent recovery residues
Sulphides
Sulphide solutions
Surfactants
Teratogens
Thallium
Thallium compounds
Thallium solutions
Vanadium compounds
Zinc compounds
Zinc solutionsPart 2—Annual returns by auditors (regulation 63)
5—Form of annual return
Annual return by auditor
(under section 103Y of the Environment Protection Act 1993)
Period to which annual return relates***:
Name of auditor*:
Auditor’s accreditation number:
Term of auditor’s accreditation: to
Name of auditor’s company or business:
Auditor’s business address:
Auditor’s business telephone number(s):
Auditor’s fax number:
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 the person's 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)?
Yes/No
• had their accreditation or similar authority suspended or cancelled?
Yes/No
• been disqualified from acting as a site contamination auditor?
Yes/No
• had conditions imposed on their accreditation or similar authority limiting the range of activities that they may undertake?
Yes/No
• had an application for such accreditation or similar authority refused?
Yes/No
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:
Employee
Yes/No
Self employed
Yes/No
Partner
Yes/No
Unemployed
Yes/No
Other [provide details]:
Indicate auditor’s current accreditation status under these regulations:
Accredited
Yes/No
Under suspension other than voluntary suspension
Yes/No
Under voluntary suspension
Yes/No
Previously accredited
Yes/No
Other [provide details]:
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 their 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 64)
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:
EPA
Yes/No
Owner
Yes/No
Occupier
Yes/No
Developer
Yes/No
Other [please specify]:
Indicate reasons for audit [indicate all reasons]:
Required under the Development Act 1993
Yes/No
Required under the Planning, Development and Infrastructure Act 2016
Yes/No
Required under the Environment Protection Act 1993
Yes/No
Other [please specify]:
If audit is required under the Environment Protection Act 1993, provide EPA reference number:
Indicate audit purposes [indicate all purposes]:
Determining the nature and extent of any site contamination present or remaining on or below the surface of the site
Yes/No
Determining the suitability of the site for a sensitive use or another use or range of uses
Yes/No
Determining what remediation is or remains necessary for a specified use or range of uses
Yes/No
[NB: An audit may be required for all of the above purposes.]
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 48 of these regulations) known to have occurred at the site:
If audit is required under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, indicate:
•relevant 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:
EPA
Yes/No
Owner
Yes/No
Occupier
Yes/No
Developer
Yes/No
Auditor
Yes/No
Other [please specify]:
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 65)
8—Form of site contamination audit statement
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 the report) 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:
EPA
Yes/No
Owner
Yes/No
Occupier
Yes/No
Developer
Yes/No
Other [please specify]:
Reasons for audit [indicate all reasons]:
Required under the Development Act 1993
Yes/No
Required under the Planning, Development and Infrastructure Act 2016
Yes/No
Required under the Environment Protection Act 1993
Yes/No
Other [please specify]:
If audit was required under the Environment Protection Act 1993, provide EPA reference number:
Audit purposes [indicate all purposes]:
Determining the nature and extent of any site contamination present or remaining on or below the surface of the site
Yes/No
Determining the suitability of the site for a sensitive use or another use or range of uses
Yes/No
Determining what remediation is or remains necessary for a specified use or range of uses
Yes/No
[NB: An audit may be required for all of the above purposes.]
If audit was required under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, provide:
•name of relevant 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 66 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.
Schedule 4—Fees and levy
Part 1—Fees
1—Fee unit
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 26(5) and (6)—
(i)for the flat fee component—$80.00;
(ii)for the environment management component—$964.00;
(iii)for the pollutant load‑based component—$7.90;
(iv)for the water reuse component—$19.80;
(b)for all other purposes—$24.50.
2—Miscellaneous fees
1
Application for approval of the transfer of an environmental authorisation (section 49(5) of the Act)—
(a) if the authorisation fee last paid or payable was less than $1 000
5 fee units
(b) if the authorisation fee last paid or payable was not less than $1 000 but not more than $1 999
10 fee units
(c) if the authorisation fee last paid or payable was not less than $2 000 but not more than $4 999
20 fee units
(d) if the authorisation fee last paid or payable was not less than $5 000 but not more than $9 999
30 fee units
(e) if the authorisation fee last paid or payable was not less than $10 000 but not more than $49 999
50 fee units
(f) if the authorisation fee last paid or payable was $50 000 or more
100 fee units
2
Beverage container approvals and annual fees (Part 8 Division 2 of the Act)—
(a) application for approval of a class of containers as category A or category B containers (section 68 of the Act)—
(i) for 1 class of container
15 fee units
(ii) for 2 to 5 classes of container (inclusive)
25 fee units
(iii) for 6 to 10 classes of container (inclusive)
37 fee units
(iv) for 11 to 20 classes of container (inclusive)
61 fee units
(v) for more than 20 classes of container
109 fee units
(b) application for approval to operate a collection depot (section 69 of the Act)—
(i) for a collection depot other than a reverse vending machine
7 fee units
(ii) for a reverse vending machine
18 fee units
(c) application for approval to carry on business as a super collector (section 69 of the Act)
43 fee units
(d) annual fee for operating a collection depot (section 69A of the Act)—
(i) for a collection depot within metropolitan Adelaide
15 fee units
(ii) for a collection depot outside metropolitan Adelaide
7.5 fee units
(e) annual fee for carrying on business as a super collector (section 69A of the Act)
32 fee units
3
Accreditation as site contamination auditor (section 103V of the Act and Part 5 Division 2 of the regulations)—
(a) application for accreditation (regulation 52)
$602.00
(b) grant of accreditation (regulation 53) or renewal of accreditation (regulation 57)
$6 178.00
(c) annual fee for accreditation (regulation 56)
$3 575.00
(d) replacement of certificate of accreditation or identity card (regulation 60)
$80.00
4
Inspection of the register (section 109(5) of the Act)—
(a) each manual inspection
1 fee unit
(b) each inspection requiring access to a computer—
(i) for the first 10 minutes (or part of that 10 minutes) of access
1 fee unit
(ii) for each additional 10 minutes (or part of that 10 minutes) of access
1 fee unit
5
Copy of part of the register (section 109(6) of the Act)—
(a) first page
$6.30
(b) each additional page
$2.25
Part 2—Waste depot levy
3—Waste depot levy
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—
(a) for solid waste—
(i) in the case of a licence holder that is a council that has made an election under regulation 82 (per tonne of solid waste disposed of at the depot)
$80.50
(ii) in the case of the holder of a licence to conduct a landfill depot or incineration depot (not being a licence holder referred to in subparagraph (i)) (per tonne of designated solid waste disposed of, used or handled at the depot)—
(A) if the depot is situated outside of metropolitan Adelaide and the waste has been brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide
$80.50
(B) if the depot is situated within metropolitan Adelaide and the waste has been brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide
$80.50
(C) in any other case
$161.00
(b) for liquid waste (per kilolitre disposed of at the depot)
$43.75
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.
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.
In this clause—
approved operational use has the same meaning as in regulation 70;
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 67(1);
waste disposal depot means a depot, facility or works referred to in Schedule 1 Part A clause 3(3) of the Act.
Schedule 5—SA Motorsport Park Map
Schedule 6—Transitional provisions
Part 2—Transitional provisions
2—Interpretation
In this Part—
repealed regulations means the Environment Protection Regulations 2009.
3—Continuation of exemptions
An exemption issued under regulation 71B of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 76 of these regulations.
An exemption issued under regulation 73 of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 78 of these regulations.
An exemption issued under regulation 74A(5) of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 80(4) of these regulations.
An exemption issued under regulation 74B(8) of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 81(7) of these regulations.
An exemption issued under regulation 75H of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 92 of these regulations.
An exemption issued under regulation 75J of the repealed regulations (and in force immediately before the commencement of this subclause) will continue to have effect as if it had been issued under regulation 94 of these regulations.
4—Continuation of accreditation in respect of prescribed activities of environmental significance
An accreditation as an accredited licensee in respect of a particular prescribed activity of environmental significance in force under regulation 36 of the repealed regulations immediately before the commencement of this clause will be taken to be an accreditation granted in respect of the licensee and activity under regulation 34 of these regulations.
5—Continuation of accreditation of site contamination auditors
An accreditation of a site contamination auditor in force under Part 5 Division 2 of the repealed regulations immediately before the commencement of this subclause will be taken to be an accreditation of the site contamination auditor under Part 5 Division 2 of these regulations.
The accreditation under Part 5 Division 2 of these regulations is subject to the same conditions as the accreditation under the repealed regulations and will expire on the date on which the accreditation under those regulations would have expired.
6—Application for accreditation and renewal of accreditation as site contamination auditor
An application for accreditation as a site contamination auditor under regulation 54 of the repealed regulations made but not determined immediately before the commencement of this subclause will be taken to be an application made under regulation 52 of these regulations.
An application for renewal of accreditation as a site contamination auditor under regulation 59 of the repealed regulations made but not determined immediately before the commencement of this subclause will be taken to be an application made under regulation 57 of these regulations.
7—Continuation of approved weighbridges
An approval of a weighbridge in force under regulation 69 of the repealed regulations immediately before the commencement of this clause will be taken to be an approval of the weighbridge under regulation 69 of these regulations.
8—Continuation of approved operational use declarations
An approved operational use declaration in force under regulation 69A(2) of the repealed regulations immediately before the commencement of this clause will be taken to be an approved operational use declaration under regulation 70(2) of these regulations.
9—Continuation of approved volume measuring devices
An approval of a volume measuring device in force under regulation 71A(5)(b) of the repealed regulations immediately before the commencement of this clause will be taken to be an approval of the volume measuring device under regulation 75(5)(b) of these regulations.
10—Continuation of approved volume calibration methods
An approval of a volume calibration method in force under regulation 71A(5)(e)(ii) of the repealed regulations immediately before the commencement of this clause will be taken to be an approval of the volume calibration method under regulation 75(5)(e) of these regulations.
11—Continuation of video monitoring system notices
A notice in force under regulation 75I(1) or (2) of the repealed regulations immediately before the commencement of this clause will be taken to be a notice issued under regulation 93(1) or (2) (respectively) of these regulations.
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations
The Environment Protection Regulations 2023 revoked the following:
Environment Protection Regulations 2009
Principal regulations and variations
New entries appear in bold.
Year No Reference Commencement 2023 109 Gazette 9.11.2023 p3719 1.4.2024: r 2 2024 37 Gazette 16.5.2024 p923 1.7.2024: r 2 2024 48 Gazette 6.6.2024 p1348 1.7.2024: r 2 Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2024 Sch 4 Pt 1 cl 1 amended by 37/2024 r 3(1)—(4) 1.7.2024 amended by 48/2024 r 3 1.7.2024 cl 2 table amended by 37/2024 r 3(5)—(10) 1.7.2024 Pt 2 cl 3 cl 3(1) substituted by 37/2024 r 3(11) 1.7.2024 Sch 6 Pt 1 omitted under Legislation Revision and Publication Act 2002 1.7.2024
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