Coast Protection (Significant Works) Amendment Bill 2024 (SA)

South Australia Coast Protection (Significant Works) Amendment Bill 2024 A Bill For An Act to amend the Coast Protection Act 1972.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Coast Protection Act 1972 2 Amendment of section 4—Interpretation 3 Insertion of Part 5 Part 5—Significant Works 26 Application of Part 27 Assessment of works 28 Environmental Impact Assessment process 28A Minister may take action in respect of works Schedule 1—Transitional provision 1 Transitional provision

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Coast Protection (Significant Works) Amendment Act 2024.

Part 2—Amendment of Coast Protection Act 1972 2—Amendment of section 4—Interpretation Section 4—after the definition of council insert: EIA report—see section 27; 3—Insertion of Part 5 After section 25 insert: Part 5—Significant Works 26—Application of Part This Part applies in respect of works authorised to be undertaken by the Board under section 21(1) or 21A. 27—Assessment of works (1) If the Minister is of the opinion that— (a) works to which this Part applies, or the anticipated effects of such works, are of significant social, economic or environmental importance; and (b) the anticipated effects of the works have not been adequately taken into account, the Minister may direct the Board to— (c) prepare an Environmental Impact Assessment report (an EIA report) in respect of the works or any specified part of the works; and (d) cease, or refrain from commencing, the works or any specified part of the works for a specified period or pending a determination of the Minister under section 28A. (2) An EIA report must be submitted to the Minister within the time period specified by the Minister. 28—Environmental Impact Assessment process (1) An EIA report relating to works must include— (a) a detailed description of the works; and (b) a statement on the expected environmental, social and economic effects of the works; and (c) a statement on the means by which any real or potential adverse effects of the works may be avoided, mitigated or managed; and (d) if the works are within or relate to a specially protected area or resource—a statement on the extent to which the manner of undertaking the works and the expected effects of the works are consistent with the management and preservation of the specially protected area or resource; and (e) the Board's commitments to meet conditions (if any) that should be observed in order to avoid, mitigate or satisfactorily manage and control any potentially adverse effects of the works on the environment or any matter that may be directly relevant to a specially protected area or resource; and (f) any other particulars in relation to the works required by the Minister. (2) After receiving an EIA report, the Minister must refer the report to each of the following for comment within the time specified by the Minister (the consultation period) which must not be less than 2 weeks: (a) each council within whose area the proposed works are situated; (b) any other council whose area is likely to be affected by the works; (c) if the works are within or relate to a specially protected area or resource—the relevant Minister for the specially protected area or resource; (d) any prescribed authority or body. (3) The Minister may also refer the EIA report to such other authorities or bodies as the Minister thinks fit for comment within the consultation period. (4) On referring a report under subsection (2), the Minister must— (a) ensure that copies of the report are available, for the duration of the consultation period— (i) on a website determined by the Minister; and (ii) for public inspection and purchase (during normal office hours); and (b) give public notice in a newspaper circulating generally in the State of the availability of copies of the report and invite interested persons to make written submissions to the Minister on the report within the consultation period. (5) The Minister must give to the Board copies of all submissions made to the Minister under subsections (2), (3) and (4) and give the Board opportunity to respond to the Minister about those submissions. 28A—Minister may take action in respect of works The Minister may, on completion of the process under section 28 in respect of works and taking into account all submissions made to the Minister under that section, direct the Board to take such action in respect of the works as the Minister considers appropriate in the circumstances.