South Australian Current Regulations South Australian Current Regulations48—Potentially contaminating activities (sections 103C and 103H)
(1) For the purposes
of sections 103C and 103H of the Act, the following activities are
prescribed as potentially contaminating activities:
(a) an
activity of a kind set out in Schedule 3 clause 2, undertaken in the
course of a business;
(b) any
other activity (other than an activity of a kind excluded under
Schedule 3 clause 2 from the ambit of potentially contaminating
activities) undertaken in the course of a business involving—
(i)
the manufacture, production (including as a by-product or
waste) or recycling of a listed substance or a product containing a
listed substance; or
(ii)
the storage at a discrete premises of the business
of—
(A) 500 litres or more of a liquid
listed substance; or
(B) 500 kilograms or more of a
listed substance other than a liquid;
(c) a
domestic activity of a kind set out in Schedule 3 clause 3.
(a) the
Authority may determine that an activity of a kind referred to in
subregulation (1)(a) is not a potentially contaminating activity if the
Authority is satisfied that the activity has been carried on in such a manner
or on such a scale as to present a negligible risk of site contamination; and
(b) the
Authority may determine that an activity of a kind referred to in
subregulation (1)(b) is not a potentially contaminating activity if the
Authority is satisfied that the relevant listed substance has, at all times
while at the premises of the business, been contained or incorporated in a
product (other than a product that itself is or comprises a listed substance)
or container—
(i)
in insignificant concentrations; or
(ii)
in such a way as to present a negligible risk of escape
of the substance to the environment.
(3) For the purposes
of this regulation, a reference to a discrete premises of a business is, in
the case of activities authorised by a licence—
(a) a
reference to each location specified in the licence at which activities
authorised by the licence may be undertaken; or
(b) if
various places are specified in the licence as a single location at which
activities authorised by the licence may be undertaken—a reference to
the various places taken together.
(4) To avoid doubt, an
activity of a kind referred to in subregulation (1)(a) or (b) is not
precluded from being undertaken in the course of a business merely because it
is undertaken for the purposes of research.
(5) In this
regulation—
"recycling" includes reprocessing, recovery and purification.