South Australian Current Regulations

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ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 14

14—Public register (section 109)

        (1)         For the purposes of section 109(3)(l) of the Act, the following information must be recorded in the register:

            (a)         if an environmental authorisation is subject to a condition requiring compliance with an environment improvement programme under section 44 of the Act—details of the environment improvement programme;

            (b)         such information as the Authority considers appropriate as to the results of tests or monitoring or evaluation undertaken in compliance with conditions of an environmental authorisation under section 52 of the Act;

            (c)         such information as the Authority considers appropriate relating to any determination of the Authority under section 58 of the Act;

            (d)         details of each environment performance agreement entered into under section 59 of the Act;

            (e)         details of each report of an environmental assessment carried out in relation to land for the purposes of—

                  (i)         an approved voluntary site contamination assessment proposal under section 103I of the Act; or

                  (ii)         an approved voluntary site remediation proposal under section 103K of the Act;

            (f)         details of each report of an environmental assessment carried out, for any other purpose and at any time in relation to land, by or on behalf of the Authority;

            (g)         details of each report known as a "Health Commission Report" prepared on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976 ) in relation to pollution of land or contamination of land by chemical substances;

            (h)         copies of each written warning issued by the Authority in relation to an alleged contravention of the Act;

                  (i)         details of each pre-1 July 2009 site audit report carried out in relation to land;

            (j)         details of licences to operate a waste depot issued under the repealed South Australian Waste Management Commission Act 1979 or the repealed Waste Management Act 1987 ;

            (k)         details of licences issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act);

            (l)         details of licences issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act);

            (m)         details of any records that the former South Australian Waste Management Commission held under the repealed Waste Management Act 1987 of waste (within the meaning of that Act) being deposited on land between 1 January 1983 and 30 April 1995.

        (2)         In this regulation—

"environmental assessment", in relation to land, means an assessment of the existence or nature or extent of—

            (a)         site contamination (as defined in the Act) at the land; or

            (b)         any other contamination of the land by chemical substances,

and includes such an assessment in relation to water on or below the surface of the land;

"pre-1 July 2009 site audit", in relation to land, means a review (carried out by a person recognised by the Authority as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—

            (a)         the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and

            (b)         the suitability of the land for a particular use; and

            (c)         what remediation is or remains necessary for a particular use,

but does not include a site contamination audit (as defined in the Act) completed on or after 1 July 2009;

"pre-1 July 2009 site audit report" means a detailed written report that sets out the findings of a pre-1 July 2009 site audit.



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