South Australian Current Regulations South Australian Current Regulations27—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 28; and
(c) the
resource efficiency component comprising—
(i)
if the pollutant threshold is exceeded for a
designated air pollutant or a designated water pollutant in the
reporting period immediately preceding the current licence period—the
pollutant load-based component for the pollutant determined in accordance with
regulation 29; 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 30.
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—
(a) for
a designated air pollutant if—
(i)
in the case of sulphur dioxide or nitrogen
oxides—more than 10 000 kilograms of the pollutant are emitted
to air during the period from an assessable site specified in the licence; or
(ii)
in the case of particulates or volatile organic
compounds—more than 1 000 kilograms of the pollutant are
emitted to air during the period from an assessable site specified in the
licence; or
(iii)
in the case of lead—more than 100 kilograms of
lead are emitted to air during the period from an assessable site specified in
the licence; or
(b) for
a designated water pollutant if—
(i)
in the case of heat—more than 10 megawatts of
heat are discharged to waters during the period from an assessable site
specified in the licence (in the course of any
prescribed activity of environmental significance); or
(ii)
in the case of suspended solids, nitrogen, phosphorus,
organic matter or zinc—more than 1 000 kilograms of the
pollutant are discharged to waters during the period from an assessable site
specified in the licence (in the course of any
prescribed activity of environmental significance); or
(iii)
in the case of copper or lead—more than
100 kilograms of the pollutant are discharged to waters during the period
from an assessable site specified in the licence (in the course of any
prescribed activity of environmental significance); or
(iv)
in the case of salt discharged in the course of a
desalination plant—
(A) more than 75 000 tonnes of
the salt are discharged to the marine environment during the period from an
assessable site specified in the licence; or
(B) any amount of the salt is discharged
during the period from an assessable site specified in the licence to other
waters of the State that have a background concentration of salt of
13 000 milligrams of total dissolved solids per L or less (when
measured during the period by a method approved by the Authority),
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.