South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears—
"accreditation", in relation to a site contamination auditor, means
accreditation under Part 5 Division 2;
"accreditation committee" means a committee established by the Board under
section 17 of the Act to advise the Authority in relation to
accreditation of site contamination auditors;
"accredited activity" means a prescribed activity of
environmental significance carried on by a licensee in respect of which
accreditation is granted under regulation 36;
"Act" means the Environment Protection Act 1993 ;
"Adelaide airshed" means the area described in Schedule 2 clause 2;
"agriculture" includes horticulture;
"approved estimation or monitoring technique" for an activity means—
(a) an
estimation technique set out in an EET manual for the activity; or
(b) a
technique or method approved by the Authority for the activity by condition of
licence or otherwise;
"approved weighbridge" means a weighbridge—
(a) that
is operated in accordance with a licence issued under the
National Measurement Act 1960 of the Commonwealth; or
(b) that
is approved by the Authority under regulation 69;
"asbestos" includes unbound or friable asbestos and bound or non-friable
asbestos;
"assessable site"—see subregulation (2);
"assessable vehicle"—each vehicle approved by the Authority for the
transport of waste under a licence that authorises a waste transport business
is to be taken to be an assessable vehicle;
"copper" means copper and its compounds;
"designated air pollutant" means sulphur dioxide, nitrogen oxides,
particulates, volatile organic compounds or lead, but does not include ethanol
emitted in the course of a prescribed activity of environmental significance
specified in Schedule 1 clause 6(2) or (11) of the Act (breweries,
wineries and distilleries);
"designated water pollutant" means heat, suspended solids, nitrogen,
phosphorus, organic matter, zinc, lead or copper;
"dredging" means the prescribed activity of environmental significance
specified in Schedule 1 clause 7(4) of the Act;
"earthworks drainage" means the prescribed activity of
environmental significance specified in Schedule 1 clause 7(6) of the Act;
"EET manual" for an activity means a manual setting out techniques for making
estimates in relation to the activity published by the Commonwealth for the
purposes of the National Pollutant Inventory—see www.npi.gov.au;
"environment management component" means the environment management component
of an annual authorisation fee for a licence (see regulation 30 and
Schedule 2 Part 2);
"EPA odour criteria" means the criteria specified in EPA Guideline 373/06
Odour assessment using odour source modelling as issued by the Authority in
April 2007;
"fee unit"—see regulation 4;
"flat fee component" means the flat fee component of an annual authorisation
fee for a licence (see regulation 28);
"green waste" means waste comprised of plants or plant matter, including
leaves, twigs, branches, tree trunks, prunings, grass clippings, fruit,
vegetables and fruit or vegetable scraps;
"inert waste" means solid waste that has no active chemical or biological
properties and is not subject to biological or chemical breakdown;
"lead" means lead and its compounds;
"licence period", in relation to a licence, means the period of 12 months
from the first anniversary of the grant or renewal of the licence and each
subsequent period of 12 months;
Note—
This is to be distinguished from the term of the licence (which is a period
determined by the Authority under section 43 of the Act).
"liquid organic chemical substances" means oil, petroleum or biofuels, other
than when stored in the fuel tank of a motor vehicle for the purposes of
powering the vehicle;
"listed substance" means a substance listed in Schedule 3 clause 4;
"marine environment" means—
(a)
marine waters; or
(b) land
that is covered with marine waters (whether permanently or from time to time);
"metropolitan Adelaide" has the same meaning as in the
Development Act 1993 ;
"metropolitan coastal waters" means the body of waters extending
3 nautical miles seaward from the coastline forming the western boundary
of metropolitan Adelaide;
"motor vehicle" means a vehicle that is built to be propelled by a motor that
forms part of the vehicle;
"Mount Gambier airshed" means the area described in Schedule 2 clause 3;
"Mount Lofty Ranges Water Protection Area" means the Mount
Lofty Ranges Water Protection Area as declared under Part 8 of the Act;
"National Pollutant Inventory" means the inventory established as a result of
the National Environment Protection (National Pollutant Inventory) Measure ;
"nitrogen" means total nitrogen;
"organic matter"—see subregulation (3);
"particulates" means particulate matter 10 micrometres or less in diameter,
and includes red dust particulates;
"pesticides" includes herbicides and fungicides;
"phosphorous" means total phosphorus;
"pollutant load-based component" means the pollutant load-based component of
the resource efficiency component of an annual authorisation fee for a licence
(see regulation 31);
"Port Pirie airshed" means the area described in Schedule 2 clause 4;
"Port River region" means the area described in Schedule 2 clause 5;
"prescribed activity of environmental significance" means an activity
specified in Schedule 1 Part A of the Act;
"red dust particulates" means haematite or goethite;
"reporting period" means—
(a) for
a licence authorising an activity in respect of which a report is provided to
the Authority for the purposes of the National Pollutant Inventory—the
period to which the report relates; or
(b) for
any other licence—the 12 month period approved by the Authority for the
licence by condition of the licence or by notice in writing to the licensee;
"resource efficiency component"—the resource efficiency component of the
annual authorisation fee for a licence is comprised of the
pollutant load-based component and the water reuse component (see
regulation 28);
"resource recovery", in relation to waste, means—
(a)
reusing the waste; or
(b)
recycling the waste; or
(c)
recovering energy or other resources from the waste;
"responsible auditor", in relation to a site contamination audit, means the
site contamination auditor who personally carried out or directly supervised
the work involved in the audit;
"septic tank effluent" means effluent that is ordinarily collected by means of
a septic tank, waterless composting toilet, aerated wastewater treatment
system or similar on-site waste collection system;
"South East Water Protection Area" means the South East Water Protection Area
as declared under Part 8 of the Act;
"Upper Spencer Gulf" means the waters described in Schedule 2 clause 6;
"vessel" means—
(a) a
ship or boat; or
(b) an
air-cushion vehicle, or other similar craft, used wholly or primarily in
transporting passengers or goods by water; or
(c) a
structure that is designed to float in water and is used for commercial,
industrial or research purposes;
"waste fill" means waste consisting of clay, concrete, rock, sand, soil or
other inert mineralogical matter in pieces not exceeding 100 millimetres in
length and containing chemical substances in concentrations (calculated in a
manner determined by the Authority) less than the concentrations for those
substances set out in the following table (but does not include waste
consisting of or containing asbestos or bitumen):
|
Chemical substance |
Concentration (milligrams per kilogram of waste fill) |
Chemical substance |
Concentration (milligrams per kilogram of waste fill) |
|---|---|---|---|
|
Aldrin/dieldrin (total) |
2 |
Ethylbenzene |
3.1 |
|
Arsenic |
20 |
Heptachlor |
2 |
|
Barium |
300 |
300 | |
|
Benzene |
1 |
Manganese |
500 |
|
Benzo(a)pyrene |
1 |
Mercury |
1 |
|
Beryllium |
20 |
Nickel |
60 |
|
Cadmium |
3 |
Petroleum hydrocarbons TPH C6-C9 (total) |
65 |
|
Chlordane |
2 |
Phenolic compounds (total) |
0.5 |
|
Chromium (III) |
400 |
Polychlorinated biphenyls (PCBs) |
2 |
|
Chromium (VI) |
1 |
Polycyclic aromatic hydrocarbons (PAH) (total) |
5 |
|
Cobalt |
170 |
Petroleum hydrocarbons TPH>C9 |
1000 |
|
60 |
Toluene |
1.4 | |
|
Cyanides (total) |
500 |
Xylene (total) |
14 |
|
DDT |
2 |
200 |
"waste transport business" means a waste transport business (category A) or a
waste transport business (category B);
"waste transport business (category A)" means the prescribed
activity of environmental significance specified in Schedule 1 clause 3(5) of
the Act;
"waste transport business (category B)" means the prescribed
activity of environmental significance specified in Schedule 1 clause 3(6) of
the Act;
"wastewater" includes—
(a)
sewage, and septic tank effluent, whether treated or untreated; and
(b)
water containing commercial or industrial waste;
"water reuse component" means the water reuse component of the
resource efficiency component of an annual authorisation fee for a licence
(see regulation 32);
"Whyalla airshed" means the area described in Schedule 2 clause 7;
"zinc" means zinc and its compounds.
(2) For the purposes
of these regulations, the following principles apply in relation to an
"assessable site":
(a) each
location specified in a licence at which a prescribed activity of
environmental significance may be undertaken is to be taken to be an
assessable site;
(b) if
various places are specified in a licence as a single location, then the
various premises are together to be taken to be an assessable site;
(c) if a
licence authorises a prescribed activity of environmental significance to be
undertaken by means of mobile works, then the various premises at which the
mobile works are used are together to be taken to be an assessable site;
(d) the
prescribed activities of dredging, earthworks drainage and a waste
transport business are not to be regarded as being undertaken at an assessable
site.
(3) A reference in
these regulations to an amount of "organic matter" is a reference to the
biochemical oxygen demand of the organic matter expressed in kilograms
(determined in accordance with an approved estimation or monitoring technique
for the activity that produces the organic matter).