South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023

- under the Environment Protection Act 1993

TABLE OF PROVISIONS

   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
           SCHEDULE 2--Environmental authorisations--application and authorisation fees
           SCHEDULE 3--Site contamination
           SCHEDULE 4--Fees and levy
           SCHEDULE 5--SA Motorsport Park Map
           SCHEDULE 6--Transitional provisions
           Legislative history