South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 80

80—Verification of returns by survey

        (1)         The holder of a waste depot licence must—

            (a)         in the case of a landfill depot that has, during a preceding financial year, disposed of at the depot 10 000 tonnes or more of solid waste (including any waste used as cover for landfill); or

            (b)         in any other case, if requested in writing by the Authority during a financial year,

provide the Authority with a survey (as determined, subject to this regulation, in accordance with the Waste Reporting, Record Keeping and Measurement Standard ) within the prescribed period for the licence that falls in the next financial year.

Maximum penalty: $4 000.

Expiation fee: $300.

        (2)         A survey under this regulation must—

            (a)         include a topographic and volumetric survey of the whole depot site; and

            (b)         in relation to the month in which the survey is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the survey is conducted; and

            (c)         include information on the change in the total volume of waste and other matter that has occurred at the depot since the preceding survey; and

            (d)         subject to this subregulation, be undertaken in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard (which may, for example, require or specify the type of survey and the related elements, such as details regarding material type, to be included); and

            (e)         be prepared by a licensed or registered surveyor under the Survey Act 1992 or a person, or person of a class, specified in the Waste Reporting, Record Keeping and Measurement Standard .

Maximum penalty: $4 000.

Expiation fee: $300.

        (3)         The holder of a waste depot licence must—

            (a)         ensure that the results of a survey under this regulation are kept for at least 5 years after the survey was carried out; and

            (b)         make the results available for inspection and copying by an authorised officer on request.

Maximum penalty: $4 000.

Expiation fee: $300.

        (4)         The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation.

        (5)         An exemption issued by the Authority under this regulation—

            (a)         must be by notice in writing; and

            (b)         may be subject to conditions; and

            (c)         may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions).

        (6)         In this regulation—

"prescribed period", in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence.