South Australian Consolidated Regulations South Australian Consolidated Regulations28—Licences—Annual authorisation fee
(1) 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 30; and
(c) the
resource efficiency component comprising—
(i)
if the pollutant threshold is exceeded in the
reporting period immediately preceding the current licence period—the
pollutant load-based component determined in accordance with
regulation 31; 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 32.
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).
(2) The "pollutant
threshold" is exceeded in a reporting period if—
(a) the
amount of a designated air pollutant emitted to air during the period from an
assessable site specified in the licence exceeds—
(i)
in the case of sulphur dioxide or nitrogen
oxides—10 000 kilograms; or
(ii)
in the case of particulates or volatile organic
compounds—1 000 kilograms; or
(iii)
in the case of lead—100 kilograms; or
(b) the
amount of a designated water pollutant discharged to waters during the period
from an assessable site specified in the licence exceeds—
(i)
in the case of heat—10 megawatts; or
(ii)
in the case of suspended solids, nitrogen, phosphorus,
organic matter or zinc—1 000 kilograms; or
(iii)
in the case of lead or copper—100 kilograms,
in each case, assessed in accordance with an approved estimation or
monitoring technique for the activity that produces the pollutant.
(3) 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).
(4) 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).
(5) 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.