South Australian Current Regulations South Australian Current Regulations70—Approved operational use
(1) For the purposes
of
this Part, an "approved operational use", in relation to the use of waste or
other matter at a waste depot, means—
(a) an
operational use of a kind approved in relation to specified waste or matter
under the Approved Operational Use Standard , and that is carried out in
accordance with the requirements specified in that Standard; or
(b) an
operational use that is approved by a declaration made under
subregulation (2) (as in force in respect of the depot), and that is
carried out in accordance with the conditions or requirements specified in the
declaration,
but does not include the use of waste or other matter as cover of landfill at
the depot on a daily or more frequent basis.
(2) The Authority may,
on application by the holder of a licence to conduct a waste depot or on its
own initiative, make a declaration (an "approved operational use declaration )
that a use of waste or other matter at the depot is an
approved operational use only if satisfied that—
(a) the
use of waste or other matter at the depot in the manner proposed is necessary
for an operational or environmental management purpose (or purposes); and
(b) the
type of waste or other matter proposed to be used for the operational use is
suitable for that purpose (or those purposes).
(3) In determining
whether to make an approved operational use declaration under this regulation,
the Authority must also—
(a) have
regard to, and seek to further, the objects of the Act; and
(b) have
regard to—
(i)
the general environmental duty; and
(ii)
any relevant environment protection policy; and
(iii)
the waste strategy for the State adopted under the Green
Industries SA Act 2004 (if relevant); and
(iv)
any relevant reports, assessments, environmental impact
statement, public environmental report, Assessment Report, development
authorisation or other document or requirement under the
Development Act 1993 or the
Planning, Development and Infrastructure Act 2016 ; and
(v)
any relevant environment improvement programme or
agreement.
(4) A declaration
under this regulation—
(a) must
be by notice in writing; and
(b) must
specify—
(i)
the type and amount of the waste or other matter to which
the declaration applies; and
(ii)
the purpose and location of the operational use; and
(c) may
be subject to the following conditions, as specified in the declaration:
(i)
a condition requiring the operational use to occur in a
specified manner or within a specified time frame;
(ii)
a condition requiring that the waste or other matter to
which the declaration applies meets specified chemical or physical properties
or complies with specified standards or specifications;
(iii)
a condition requiring plans, specifications or reports in
connection with the operational use to be prepared by a person with specified
qualifications;
(iv)
a condition requiring works in connection with the
operational use to be carried out by a person with specified qualifications;
(v)
a condition requiring records relating to the
operational use to be kept in a specified manner or form or for a specified
period;
(vi)
a condition requiring such records to be available for
inspection by an authorised officer;
(vii)
such other conditions as the Authority thinks fit; and
(d) may
be varied or revoked by the Authority at any time, by notice in writing to the
licence holder, if the Authority is satisfied—
(i)
that a condition of the declaration has been contravened;
or
(ii)
there is potential for environmental harm (or further
environmental harm) to occur if an operational use to which the declaration
relates were to continue; or
(iii)
that the declaration was improperly obtained; or
(iv)
that other circumstances exist, which in the opinion of
the Authority, make it necessary or appropriate to do so.