South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 83

83—Presumptions and estimates if records are inadequate

        (1)         If the Authority is of the opinion that records that relate to waste or other matter received or present at a waste depot during any period (being records required for determining the waste depot levy payable under this Part) are inadequate, and as a result, the Authority is of the opinion it is necessary in order to determine the levy payable, the Authority is entitled to make presumptions and estimates in relation to the waste or matter in accordance with this regulation.

        (2)         For the purposes of subregulation (1), without limiting the circumstances in which records will be taken to be inadequate, records relating to a period will be taken to be inadequate if—

            (a)         there are no records relating to waste or other matter received or present at the depot during the period; or

            (b)         the records relating to waste or other matter received or present at the depot during the period are incomplete, inaccurate or inconsistent with other records (whether kept by the licensee, the occupier of the waste depot or another person or body); or

            (c)         the information contained in the records relating to waste or other matter received or present at the depot during the period has not been obtained by methods that, in the opinion of the Authority, are appropriate.

        (3)         The Authority is entitled to presume 1 or more of the following in relation to any waste or other matter at the waste depot (subject to the licensee establishing the contrary):

            (a)         that the waste or matter is waste or matter that has been received at the depot;

            (b)         that the waste or matter is waste or matter that has been disposed of to landfill at the depot;

            (c)         that the waste or matter has been used at the depot for an operational use other than an approved operational use;

            (d)         that unauthorised stockpiling of the waste or matter has occurred at the depot;

            (e)         that the waste or matter was stockpiled in an area of the depot, or in any manner, in contravention of the relevant licence;

            (f)         that any matters referred to in a preceding paragraph commenced or occurred on the date on which the Authority first became aware that the relevant records were inadequate;

            (g)         that the waste or matter at the waste depot is waste or matter of a specified kind;

            (h)         that the waste or matter has been—

                  (i)         generated within metropolitan Adelaide; or

                  (ii)         generated from waste or other matter generated in metropolitan Adelaide.

        (4)         In estimating the tonnage of waste or other matter received at the waste depot during the period, the Authority must have regard to the following:

            (a)         details of any volumetric survey of the depot;

            (b)         details of any stockpile volume assessment at the depot (made using assessment or modelling methodologies approved by the Authority);

            (c)         available records in respect of the depot;

            (d)         any information provided by an authorised officer who has seen or inspected the depot;

            (e)         any information available to the Authority, including images and data from cameras and GPS devices and information from persons not involved with the operation of the depot;

            (f)         any other details provided to the Authority in relation to the depot under regulation 84.