Marine Environment Protection Regulations 1992 (SA)

SOUTH AUSTRALIA

MARINE ENVIRONMENT PROTECTION REGULATIONS 1992

SUMMARY OF PROVISION

1.   Citation

2.   Commencement

3.   Interpretation

4.   Certain activities excluded from application of Act

5.   Prescribed activities for the purposes of s. 15

6.   Licence fees for discharges

7.   Licence fees for dredging

8.   Time for licence renewal applications

8A.	Prescribed policies, standards or criteria for the purposes of s. 23
9.	Fee for inspection of register
10.	Percentage of licence fees and penalties payable to the Marine Environment Protection Fund

.. REGULATIONS UNDER THE MARINE ENVIRONMENT PROTECTION ACT 1990

Marine Environment Protection Regulations 1992

being

No. 172 of 1992: Gaz. 13 August 1992, p. 8511

as varied by

No. 30 of 1993: Gaz. 25 February 1993, p. 7302

No. 29 of 1994: Gaz. 19 May 1994, p. 12413

No. 46 of 1994: Gaz. 2 June 1994, p. 15684

1 Came into operation 25 March 1993: reg. 2.

2 Came into operation 25 March 1993: reg. 2.

3 Came into operation 19 May 1994: reg. 2.

4 Came into operation 1 July 1994: reg. 2.

Citation

1. These regulations may be cited as the Marine Environment Protection Regulations 1992.

Commencement

2. These regulations will come into operation on 25 March 1993.

Interpretation

3. In these regulations—

"the Act" means the Marine Environment Protection Act 1990;

"business" means any business (whether or not carried on for profit) including government

activities, but does not include—

(a)	lawful fishing activities;
or
(b)	activities for the cultivation of molluscs or finfish in coastal waters;

"discharge" means the discharge of liquid pollutants into the marine environment;

"dredging" means the removing of solid matter from the bed of declared inland waters or coastal waters by any digging or suction apparatus, but does not include works carried out for the establishment of a visual aid for navigation;

"environmental harm" means one or more the following:

(a)	loss of seagrass or other organisms;
(b)	contamination of organisms;
(c)	contamination of naturally occurring sediment;
(d)	deposition of extra sediment;
(e)	any visual or measurable physical or chemical changes in the natural environment;

"licence fee" means the fee payable in relation to a licence or renewal of a licence under the

Act;

"licence year" in relation to a licence fee, means the period of one year from the granting of

the licence or renewal of the licence in relation to which the fee is payable;

"marine environment" means—

(a)	declared inland waters;
(b)	coastal waters;
or
(c)	land that constitutes part of the coast.

Certain activities excluded from application of Act

4. Pursuant to section 5(4) of the Act, the following activities are excluded from the application of the Act:

(a)	the operation of the weir and lock structure at the south-western entrance to the recreation and boat haven reserve known as Patawalonga Boat Haven (being section 1023, hundred of Adelaide and section 1520, hundred of Noarlunga) under the care, control and management of the Corporation of the City of Glenelg;
(b)	any discharge, emission or depositing of pollutants into the marine environment that does not occur in the course of, or arise out of, a business activity.

Prescribed activities for the purposes of s. 15

5. For the purposes of section 15 of the Act, dredging is declared to be a prescribed activity.

Licence fees for discharges

6. (1) Subject to this regulation, for the purposes of section 17(1) or 21(1) of the Act, the licence fee payable in relation to a licence authorizing any discharge is the Minister’s estimate of the amount applicable to the licence according to the following table:

Impact level (range)	Fee ($)
Less than 0.1	no fee

0.1 -	50	305
50.1 -	100	611

100.1 - 200 1 222

201 - 500 3 054

501 - 1 000 6 108

1 001 - 2 000	12 216
2 001 - 5 000	30 540
5 001 - 10 000	61 080
10 001 - 20 000	122 160
20 001 or more	244 320

(2) For the purposes of subregulation (1), impact level is to be determined in accordance with the following formula:

impact level =	flow x salinity factor x pollutant class factor x impact area factor,
where—

(a)	flow is the average daily discharge in megalitres pursuant to the licence during the licence year, as measured in the manner specified for that purpose by conditions of the licence
(b)	salinity factor is the factor determined in accordance with the following table by reference to the number of parts per thousand by weight of dissolved salts in the discharge pursuant to the licence during the licence year, as measured in the manner specified for that purpose by conditions of the licence:

Salinity of discharge Salinity

(parts per 1000 by weight) factor

Less than 5	5
5 or more but less than 30	3
30 or more	1

(c) pollutant class factor is the factor determined in accordance with the following table by reference to the class of pollutants present in the discharge pursuant to the licence during the licence year (taking into account only such class of pollutants present in the discharge as are required by conditions of the licence to be taken into account):

Pollutant class Pollutant class factor

Nutrients	8
Faecal wastes	8
Particulates	8
Exotic organisms	8
Metals	8
Chemicals - process	8
Chemicals - agricultural	4
Oil	3
Bitterns	2
Thermal	0.5

(d) impact area factor is the factor determined in accordance with the following table by reference to the area of marine environment determined by the Minister to be subject to environmental harm caused wholly or in part by the discharge pursuant to the licence during the licence year:

Area affected by discharge Impact area factor

(hectares)

More than 30	5
30 or less but more than 1	3
1 or less	1

(3) The Minister may, if he or she thinks fit in any particular case, determine that part only of the licence fee be paid on the lodging of an application for a licence or renewal of a licence and that the balance of the fee be paid by instalments during the licence year as required by conditions of the licence.

(4) Where the Minister is satisfied after the expiration of a licence year that the licence fee applicable to a licence in relation to the licence year according to the table set out in subregulation (1) is greater than the fee as estimated by the Minister and paid or payable by the licensee, the Minister may, by notice in writing to the licensee, or by conditions of the licence, require the licensee to pay to the Minister, within a specified period, the amount specified by the Minister as representing the difference between the fee as determined after the expiration of the licence year and the fee as estimated by the Minister.

(5) Any amount not paid as required by notice in writing or by the conditions of a licence under subregulation (3) or (4) may be recovered by the Minister as a debt by action in a court of competent jurisdiction.

(6) Where a licensee satisfies the Minister (by such evidence as the Minister may require) after the expiration of a licence year that the licence fee applicable to the licensee’s licence in relation to the licence year according to the table set out in subregulation (1) is less than the fee as estimated by the Minister and paid by the licensee, the Minister must refund to the licensee the amount that the Minister is satisfied represents the difference between the fee as estimated by the Minister and the fee as determined after the expiration of the licence year.

Licence fees for dredging

7. (1) For the purposes of section 17(1) or 21(1) of the Act, the licence fee payable in relation to a licence authorizing dredging is the amount arrived at by multiplying $200 by the number of days for which the licensee is authorized by the licence to carry out dredging.

(2) Where, on application by a licensee, the Minister approves a variation of the number of days for which the licensee is authorized to carry out dredging during a licence year, the licence fee must be adjusted accordingly and the difference must be paid by the licensee before the variation is made, or must be refunded by the Minister, as the case may require.

Time for licence renewal applications

8. For the purposes of section 21(2) of the Act, the prescribed number of days is 60.

Prescribed policies, standards or criteria for the purposes of s. 23

8A. For the purposes of s. 23(1) of the Act, the policies, standards and criteria contained in the document entitled "Guidelines for Licensing—Discharges to the Marine Environment", published by the Office of the Environment Protection Authority of South Australia in November 1993, are prescribed.

Fee for inspection of register

9. For the purposes of section 27(4) of the Act, the prescribed fee is $20.

Percentage of licence fees and penalties payable to the Marine Environment Protection Fund

10. (1) For the purposes of section 34(3)(a) of the Act, the prescribed percentage of licence fees payable to the Marine Environment Protection Fund is 9 per cent.

(2) For the purposes of section 34(3)(b) of the Act, the prescribed percentage of penalties payable to the Marine Environment Protection Fund is 60 per cent.

APPENDIX

LEGISLATIVE HISTORY

Regulation 3:	definition of "business" varied by 30, 1993, reg. 3
Regulation 6(1):	amended by 46, 1994, reg. 3
Regulation 8A:	inserted by 29, 1994, reg. 3