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