Environment Protection Act 1993 (SA)

South Australia Environment Protection Act 1993 An Act to provide for the protection of the environment; to establish the Environment Protection Authority and define its functions and powers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Waste 4A Approved recovered resources 4B Waste management hierarchy 5 Environmental harm 5B Site contamination 5C Responsibility for pollution 5D Liability for certain offences from vehicles 6 Act binds Crown 7 Interaction with other Acts 8 Civil remedies not affected 9 Territorial and extra-territorial application of Act Part 2—Objects of Act 10 Objects of Act 10A Matters to be taken into account in relation to specially protected areas Part 3—Administering agencies, conferences and the Fund Division 1—Environment Protection Authority 11 Establishment of Authority 13 Functions of Authority 14 Powers of Authority 14A Chief Executive 14B Board of Authority 15 Terms and conditions of office 16 Proceedings of Board 17 Board may establish committees and subcommittees Division 1A—Administering agencies 18A Administering agencies 18B Powers and functions of administering agencies 18C Delegation 18D Reports by administering agencies Division 2—Round-table conference 19 Round-table conference Division 3—Environment Protection Fund 24 Environment Protection Fund Part 4—General environmental duty 25 General environmental duty Part 5—Environment protection policies Division 1—General 26 Interpretation 27 Nature and contents of environment protection policies 28 Normal procedure for making policies 29 Simplified procedure for making certain policies 30 Reference of policies to Parliament 31 Interim policies 32 Certain amendments may be made by Gazette notice only Division 2—Contravention of mandatory provisions 34 Offence to contravene mandatory provisions of policy Part 6—Environmental authorisations and development authorisations Division 1—Requirement for works approval 35 Requirement for works approval Division 2—Requirement for licence 36 Requirement for licence Division 3—Exemptions 37 Exemptions Division 4—Grant, renewal, conditions and transfer of environmental authorisations 38 Applications for environmental authorisations 39 Notice and submissions in respect of applications for environmental authorisations 40 Grant of environmental authorisations 41 Authorisations may be held jointly 42 Time limit for determination of applications 43 Term and renewal of environmental authorisations 44 Applicants may lodge proposed environment improvement programmes 45 Conditions 46 Notice and submissions in respect of proposed variations of conditions 47 Criteria for grant and conditions of environmental authorisations 48 Annual fees and returns 49 Transfer of environmental authorisations 50 Death of person holding environmental authorisation 50A Avoidance of duplication of procedures etc Division 5—Special conditions 50B Special conditions not exhaustive 51 Conditions requiring financial assurance 52 Conditions requiring tests, monitoring or audits 52A Conditions requiring closure and post-closure plans 53 Conditions requiring preparation and publication of plan to deal with emergencies 54 Conditions requiring environment improvement programme 54A Conditions requiring training of employees etc 54B Conditions requiring certificate of compliance 54C Conditions requiring approval of certain works and processes Division 6—Suspension, cancellation and surrender of environmental authorisations 55 Suspension or cancellation of environmental authorisations 56 Surrender of environmental authorisations Division 7—Criteria for decisions of Authority in relation to development applications 57 Criteria for decisions of Authority in relation to development authorisations Part 6A—Sustainability licence endorsements 57A Requirement for endorsement of licence 57B Applications for endorsements 57C Endorsement of licences 57D Term and renewal of endorsements 57E Annual fees and returns 57F Transfer of endorsements 57G Suspension or revocation of endorsements Part 7—Voluntary audits and environment performance agreements 58 Protection for information produced in voluntary environmental audits 59 Environment performance agreements 60 Registration of environment performance agreements in relation to land Part 8—Special environment protection provisions Division 1—Water quality in water protection areas 61 Interpretation 61A Proclamation of water protection areas 62 Appointment of authorised officers by the Water Resources Minister 63 Water Resources Minister may exercise Authority's enforcement powers 64 Certain matters to be referred to Water Resources Minister 64A Action by Minister in case of unauthorised release of pollutant 64B Risk of escape of pollutant from land etc 64C Delegation of powers under sections 64A and 64B 64D Costs to be a charge on land Division 2—Beverage containers 64E Outline of Division 65 Interpretation 66 Division not to apply to certain containers 67 Exemption of certain containers by regulation 68 Approval of classes of containers as category A or category B containers 69 Approval of collection depots and super collectors 69A Annual fees and returns for collection depots and super collectors 69B Sale and supply of beverages in containers 69C Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction 69D Offence to contravene condition of beverage container approval 70 Retailers to pay refund amounts for certain empty category A containers 71 Collection depots to pay refund amounts for certain empty category B containers 71A Manner of payment of refund amounts 72 Certain containers prohibited 73 Evidentiary provisions Part 9—General offences 79 Causing serious environmental harm 80 Causing material environmental harm 81 Alternative finding 82 Causing environmental nuisance 83 Notification where serious or material environmental harm caused or threatened 83A Notification of site contamination of underground water 84 Defence where alleged contravention of Part Part 10—Enforcement Division 1—Authorised officers and their powers 85 Appointment of authorised officers 85A Senior authorised officers 86 Identification of authorised officers 87 Powers of authorised officers 88 Warrants other than special powers warrants 88A Powers of senior authorised officers to investigate illegal dumping etc 89 Provisions relating to seizure 90 Offence to hinder etc authorised officers 91 Self-incrimination 92 Offences by authorised officers etc Division 2—Environment protection orders 93 Environment protection orders 93A Environment protection orders relating to cessation of activity 94 Registration of environment protection orders in relation to land 95 Action on non-compliance with environment protection order Division 3—Power to require or obtain information 96 Information discovery orders 97 Obtaining of information on non-compliance with order or condition of environmental authorisation 98 Admissibility in evidence of information Division 4—Action to deal with environmental harm 99 Clean-up orders 100 Clean-up authorisations 101 Registration of clean-up orders or clean-up authorisations in relation to land 102 Action on non-compliance with clean-up order 103 Recovery of costs and expenses Part 10A—Special provisions and enforcement powers for site contamination Division 1—Interpretation and application 103A Interpretation 103B Application of Part to site contamination Division 2—Appropriate persons to be issued with orders and liability for site contamination 103C General provisions as to appropriate persons 103D Causing site contamination 103E Liability for site contamination subject to certain agreements 103F Order may be issued to one or more appropriate persons 103G Court may order that director of body is appropriate person in certain circumstances Division 3—Orders and other action to deal with site contamination 103H Site contamination assessment orders 103I Voluntary site contamination assessment proposals 103J Site remediation orders 103K Voluntary site remediation proposals 103L Entry onto land by person to whom order is issued 103M Liability for property damage etc caused by person entering land 103N Special management areas 103O Registration of site contamination assessment orders or site remediation orders in relation to land 103P Notation of site contamination audit report in relation to land 103Q Action on non-compliance with site contamination assessment order or site remediation order 103R Recovery of costs and expenses incurred by Authority 103S Prohibition or restriction on taking water affected by site contamination Division 4—Site contamination auditors and audits 103T Application of Division 103U Requirement for auditors to be accredited 103V Accreditation of site contamination auditors 103W Illegal holding out as site contamination auditor 103X Conflict of interest and honesty 103Y Annual returns and notification of change of address etc 103Z Requirements relating to site contamination audits Division 5—Reports by site contamination auditors and consultants 103ZA Reports by site contamination auditors and consultants 103ZB Provision of false or misleading information Part 11—Civil remedies and penalties 104 Civil remedies 104A Authority may recover civil penalty in respect of contravention Part 12—Emergency authorisations 105 Emergency authorisations Part 13—Appeals to Court 106 Appeals to Court 107 Operation and implementation of decisions or orders subject to appeal 108 Powers of Court on determination of appeals Part 14—Public register 109 Public register Part 15—Miscellaneous 110 Constitution of Environment, Resources and Development Court 111 Annual reports by Authority 112 State of environment reports 113 Waste depot levy 114 Waste facilities operated by Authority 115 Delegations 116 Waiver or refund of fees and levies and payment by instalments 117 Notices, orders or other documents issued by Authority or authorised officers 118 Service 119 False or misleading information 120 Statutory declarations 120A False or misleading reports 121 Confidentiality 123 Continuing offences 124 General defence 125 Notice of defences 126 Proof of intention etc 127 Imputation of conduct or state of mind of officer, employee etc 128 Statement of officer evidence against body corporate 129 Liability of officers of body corporate 130 Reports in respect of alleged contraventions 131 Commencement of proceedings for summary offences 132 Offences and Environment, Resources and Development Court 133 Orders in respect of contraventions 134 Appointment of analysts 135 Recovery of administrative and technical costs associated with contraventions 135A Recovery of administrative and technical costs associated with action under Part 10A 136 Assessment of reasonable costs and expenses 137 Recovery from related bodies corporate 137A Joint and several liability 138 Enforcement of charge on land 139 Evidentiary 140 Regulations Schedule 1—Prescribed activities of environmental significance Part AA—Interpretation A1 Interpretation Part A—Activities A2 Interpretation—waste depot 1 Petroleum and Chemical 2 Manufacturing and Mineral Processing 3 Resource recovery, waste disposal and related activities 4 Activities in Specified Areas 5 Animal Husbandry and Other Activities 6 Food Production and Animal and Plant Product Processing 7 Materials Handling and Transportation 8 Other Part B—Listed wastes Legislative history