South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - SCHEDULE 3

Schedule 3—Site contamination

Part 1—Potentially contaminating activities (regulation 48)

1—Interpretation

In this Part—

recycling includes reprocessing, recovery and purification.

2—Activities undertaken in course of business

Activity	Definition
Abrasive blasting	Operation of works for abrasive blast cleaning or disposal of abrasive blasting material (including mobile abrasive blasting works and abrasive blast cleaning carried out in fully enclosed booths but excluding abrasive blast cleaning undertaken for residential purposes)
Acid sulphate soil generation	Oxidation of iron sulphide in potential acid sulphate soil material (sulphidic material) resulting in formation of actual acid sulphate soil material or sulphuric material
Agricultural activities	Any of the following activities undertaken in the course of agriculture:
	(a)         burial of animals or parts of animals;
	(b)         burial of other waste;
	(c)         irrigation using wastewater;
	(d)         intensive application or administration of a listed substance to animals, plants, land or water (excluding routine spraying, in accordance with manufacturers' instructions, of pesticides used in broad-acre farming)
Airports, aerodromes or aerospace industry	Operation of premises for commercial or charter aircraft take-off and landing or manufacture, repair or maintenance of commercial or charter aircraft or aircraft equipment
Animal burial	Burial of animals or parts of animals other than in the course of agriculture
Animal dips or spray race facilities	Operation of animal dips or spray race facilities
Animal feedlots	Operation of confined yards or areas for holding of animals and feeding of animals principally by mechanical means or by hand
Animal saleyards	Operation of yards at which cattle, sheep or other animals are gathered and confined for the purpose of their sale, auction or exchange (including associated transport loading facilities and associated wastewater disposal)
Asbestos disposal	Disposal of asbestos or asbestos products
Asphalt or bitumen works	Operation of works for manufacture of asphalt or bitumen
Battery manufacture, recycling or disposal	Assembly, disassembly, manufacture or recycling of batteries (excluding storage of batteries for sale)
Breweries	Production of beer by infusion, boiling or fermentation
Brickworks	Production of bricks (including glazing of bricks)
Bulk shipping facilities	Operation of facilities for bulk handling of agricultural crop products, rock, ores, minerals or liquid organic chemical substances to or from wharf or wharfside facility (including sea-port grain terminals)
Cement works	Operation of works for production of cement clinker or grinding of cement clinker using argillaceous and calcareous materials
Ceramic works	Operation of works for manufacture of tiles, pipes, pottery goods, refractories or other ceramic products
Charcoal manufacture	Manufacture of charcoal
Coal handling or storage	Handling of coal, coke or carbonaceous material by any means or storage of coal, coke or carbonaceous reject material
Coke works	Production, quenching, cutting, crushing or grading of coke
Compost or mulch production or storage	Production or storage of compost, mulch or garden soils
Concrete batching works	Operation of works for production of concrete or concrete products manufactured by inclusion of cement, sand, rock, aggregate or similar materials
Curing or drying works	Operation of works for smoking, drying or curing meat, fish or other edible products by application of heat or smoke
Defence works	Operation of military defence establishments (including training areas)
Desalination plants	Operation of desalination plants
Dredge spoil disposal or storage	Disposal of dredge spoil onto land or storage of dredge spoil
Drum reconditioning or recycling works	Operation of works for reconditioning or recycling of metal or plastic drums
Dry cleaning	Operation of premises for dry cleaning
Electrical or electronics component manufacture	Manufacture of electrical or electronics components
Electrical substations	Operation of electrical substations
Electrical transformer or capacitor works	Operation of works for manufacture, repair, storage or disposal of electrical transformers, capacitors or associated equipment or fluids
Electricity generation or power plants	Operation of electricity generation or power plants
Explosives or pyrotechnics facilities	Operation of facilities for manufacture of explosives or pyrotechnics
Fertiliser manufacture	Manufacture of agricultural fertiliser
Fibreglass manufacture	Manufacture of fibreglass products
Fill or soil importation	Importation, to premises of a business, of soil or other fill originating from a site at which another potentially contaminating activity has taken place
Fire extinguisher or retardant manufacture	Manufacture of fire extinguishers or fire retardants
Fire stations	Underground storage of fuel at fire stations
Fire training areas	Operation of premises for fire training involving the use of liquid fuel, fire accelerants, aqueous film forming foam or similar substances
Foundry	Manufacture of metal products by injecting or pouring molten metal into moulds
Fuel burning facilities	Burning of solid or liquid fuel (including for generation of power or steam at rate of heat release exceeding 1MW)
Furniture restoration	Restoration of furniture
Gasworks	Operation of gasworks or gas holders
Glass works	Operation of works for manufacture of glass products
Glazing	Glazing of ceramics or pottery
Hat manufacture or felt processing	Manufacture of hats or processing of felt
Incineration	Incineration within the meaning of Schedule 1 Part A clause 3(1) of the Act
Iron or steel works	Operation of works for manufacture of iron or steel
Laboratories	Operation of laboratories
Landfill sites	Operation of sites for disposal of waste onto or into land
Lime burner	Manufacture (by means of kiln) of cement or lime from limestone (including associated storage of waste)
Metal coating, finishing or spray painting	Finishing, treating or coating of metal (including anodising, galvanising, pickling, electroplating, heat treatment, powder coating, enamelling and spray painting)
Metal forging	Forging of metal products
Metal processing, smelting, refining or metallurgical works	Operation of works for melting (by means of furnace) of ferrous or non-ferrous metal or smelting or reduction of ores to produce metal
Mineral processing, metallurgical laboratories or mining or extractive industries	Chemical or physical extraction or processing of metalliferous ores, storage of mining or exploration waste (for example, in tailings dams, overburden or waste rock dumps) mining or processing of minerals or operation of laboratories or pilot facilities for processing or testing of minerals
Mirror manufacture	Manufacture of mirrors
Motor vehicle manufacture	Manufacture of motor vehicles
Motor vehicle racing or testing venues	Operation of facilities designed and used for motor vehicle competitions or motor vehicle speed or performance trials
Motor vehicle repair or maintenance	Operation of premises for repair or maintenance of motor vehicles or parts of motor vehicles (including engine reconditioning works)
Motor vehicle wrecking yards	Operation of yards for wrecking or dismantling of motor vehicles or parts of motor vehicles
Mushroom farming	Farming of mushrooms
Oil recycling works	Operation of works for recycling of oil
Oil refineries	Operation of works for refining of crude petroleum oil or shale
Paint manufacture	Manufacture (including blending, mixing and formulation) of paint
Pest control works	Operation of premises for storage of pesticides or filling or washing of tanks used in pest control operations
Plastics manufacture works	Operation of works for manufacture (including blending, mixing and formulation) of plastics or plastic components (excluding processing and moulding of plastics manufactured elsewhere)
Printing works	Operation of printing works
Pulp or paper works	Operation of works for manufacture of timber pulp or paper
Railway operations	Railway operations within the meaning of Schedule 1 Part A clause 7(2) of Act
Rubber manufacture or processing	Manufacture or processing of rubber or rubber products
Scrap metal recovery	Recovery (including cleaning) of scrap metal
Service stations	Operation of retail fuel outlets
Ship breaking	Wrecking or dismantling of ships
Spray painting	Spray painting other than spray painting of metal
Tannery, fellmongery or hide curing	Operation of works for preservation or treatment of animal skins or hides
Textile operations	Manufacture or dyeing of fabrics or materials
Transport depots or loading sites	Operation of transport depots or loading sites
Tyre manufacture or retreading	Manufacture or retreading of tyres
Vermiculture	Cultivation of earthworms for production of earthworms or earthworm castings
Vessel construction, repair or maintenance	Operation of works or facilities (whether on water or land) for construction, repair or maintenance of vessels
Waste depots	Reception, storage or treatment (including recycling) of waste or disposal of waste to land or water
Wastewater storage, treatment or disposal	Storage (including in tanks, lagoons and ponds) or treatment (including recycling) of wastewater or disposal of wastewater to land or water
Water discharge to underground aquifer	Direct discharge of water from surface of land to underground aquifer
Wetlands or detention basins	Operation of bodies of water less than 6 metres deep for collection and management of stormwater or other wastewater for urban amenity, flood mitigation or ecological or other environmental purposes
Wineries or distilleries	Operation of works for processing grapes or other produce to make wine or spirits
Wood preservation works	Operation of works involving treatment or preservation of timber using chemicals
Woolscouring or wool carbonising works	Operation of works involving cleaning or carbonising of wool other than in course of handicraft business where wool is further processed for retail sale
Works depots	Operation of works depots by councils or utilities

3—Domestic activities

Activity	Definition
Fill or soil importation	Importation, to domestic premises, of soil or other fill originating from a site at which another potentially contaminating activity has taken place
Liquid organic chemical substances—storage	Storage of more than 500 litres of liquid organic chemical substances in underground or aboveground tanks or vessels at a discrete premises (excluding storage of oil for domestic heating at the premises)

4—Listed substances

Acidic solutions
Acids
Adhesives (excluding solid inert polymeric materials)
Alkali metals
Alkaline earth metals
Alkaline solutions
Alkalis
Antimony
Antimony compounds
Antimony solutions
Arsenic
Arsenic compounds
Arsenic solutions
Asbestos
Barium compounds
Barium solutions
Beryllium
Beryllium compounds
Boron
Boron compounds
Cadmium
Cadmium compounds
Cadmium solutions
Calcium carbide
Carbon disulphide
Carcinogens
Chlorates
Chromium compounds
Chromium solutions
Copper compounds
Copper solutions
Cyanide complexes
Cyanides
Cyanide solutions
Cytotoxic wastes
Dangerous substances within the meaning of the Dangerous Substances Act 1979
Distillation residues
Equipment containing mercury
Fluoride compounds
Halogens
Heterocyclic organic compounds containing oxygen, nitrogen or sulphur
Isocyanate compounds (excluding solid inert polymeric materials)
Laboratory chemicals
Lead compounds
Lead solutions
Lime sludges or slurries
Liquid organic chemical substances
Manganese compounds
Medical waste within the meaning of Schedule 1 Part B of the Act
Mercaptans
Mercury compounds
Mutagens
Nickel compounds
Nickel solutions
Nitrates
Organic halogen compounds (excluding solid inert polymeric materials)
Organic phosphates
Organic solvents
Organometallic residues
Oxidising agents
Paint sludges or residues
Perchlorates
Peroxides
Pesticides
Pharmaceutical wastes or residues
Phenolic compounds (excluding solid inert polymeric materials)
Phosphorus
Phosphorus compounds
Poisons within the meaning of the Controlled Substances Act 1984
Polychlorinated biphenyls
Radionuclides
Reactive chemicals
Reducing agents
Selenium
Selenium compounds
Selenium solutions
Silver compounds
Silver solutions
Solvent recovery residues
Sulphides
Sulphide solutions
Surfactants
Teratogens
Thallium
Thallium compounds
Thallium solutions
Vanadium compounds
Zinc compounds
Zinc solutions

Part 2—Annual returns by auditors (regulation 63)

5—Form of annual return

Annual return by auditor

(under section 103Y of the Environment Protection Act 1993 )

Period to which annual return relates***:

Name of auditor*:

Auditor’s accreditation number:

Term of auditor’s accreditation:                                        to

Name of auditor’s company or business:

Auditor’s business address:

Auditor’s business telephone number(s):

Auditor’s fax number:

Auditor’s email address:

Provide details** of each audit undertaken during the period to which the return relates*** for which the auditor was the responsible auditor* including the following details for each audit:

        •         the EPA reference and site location;

        •         if the person for whom the audit has been commissioned is different to the person last notified to the EPA, the name of the new person and the person's commissioning authority (eg EPA, owner, occupier, developer or other);

        •         whether the audit was, during that period, commenced, ongoing, completed or terminated before completion;

        •         if the audit was commenced, completed or terminated during that period, the date of commencement, completion or termination.

Has the auditor, during the period to which the return relates***, under these regulations or under legislation similar to these regulations in force in another State or Territory of the Commonwealth—

•         been the subject of disciplinary action (or any preliminary investigations preceding such possible action)?	Yes/No
•         had their accreditation or similar authority suspended or cancelled?	Yes/No
•         been disqualified from acting as a site contamination auditor?	Yes/No
•         had conditions imposed on their accreditation or similar authority limiting the range of activities that they may undertake?	Yes/No
•         had an application for such accreditation or similar authority refused?	Yes/No

If yes to any of the above questions, provide details**:

What is the amount and the expiry date of the policy of professional indemnity insurance held by the auditor or by which the auditor is covered?

Indicate auditor’s current employment status:

Employee	Yes/No
Self employed	Yes/No
Partner	Yes/No
Unemployed	Yes/No
Other [provide details] :

Indicate auditor’s current accreditation status under these regulations:

Accredited	Yes/No
Under suspension other than voluntary suspension	Yes/No
Under voluntary suspension	Yes/No
Previously accredited	Yes/No
Other [provide details] :

Indicate details of any professional development or training relating to site contamination undertaken by the auditor during the period to which the return relates***:

Declaration

To the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.

Signed*:

Dated:

* This form must be completed and signed by the responsible auditor, being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audits.

** If insufficient space, details may be annexed to this form.

*** The period to which the return relates is the 12 month period commencing 8 weeks before the anniversary of the day on which the auditor's accreditation was last renewed or, in the case of an auditor in their first year of accreditation, the period from the day on which the auditor's accreditation was granted to 8 weeks before the anniversary of that day.

This annual return must be lodged with the EPA in accordance with section 103Y of the Environment Protection Act 1993.

Part 3—Notifications by auditors after commencement or termination of audit (regulation 64)

6—Form of notification by auditor after commencement of audit

Notification by auditor after commencement of audit

(under section 103Z of the Environment Protection Act 1993 )

Name of auditor*:

Auditor’s accreditation number:

Term of auditor’s accreditation:                                        to

Name of auditor’s company or business:

Auditor’s project reference:

Name of audit site [if applicable] :

Address of audit site:

Name of council for area in which audit site is situated [if within council area] :

Provide the following particulars** relating to the relevant land and the audit site:

        •         certificates of title of all the relevant land and an indication of whether the audit site comprises all or part only of the land shown on or described in the certificates of title;

        •         details sufficient to identify the location of the land, including section or allotment numbers, area and hundred and coordinates (GDA2020/MGA2020 and associated zone (52, 53 or 54));

        •         audit plans indicating the location and extent of the audit site (which must comply with the guidelines issued by the EPA from time to time).

Name of owner of audit site:

Name of occupier of audit site:

Name, postal address and position of person who commissioned audit:

Indicate authority of person who commissioned audit:

EPA	Yes/No
Owner	Yes/No
Occupier	Yes/No
Developer	Yes/No
Other [please specify] :

Indicate reasons for audit [indicate all reasons] :

Required under the Development Act 1993	Yes/No
Required under the Planning, Development and Infrastructure Act 2016	Yes/No
Required under the Environment Protection Act 1993	Yes/No
Other [please specify] :

If audit is required under the Environment Protection Act 1993 , provide EPA reference number:

Indicate audit purposes [indicate all purposes] :

Determining the nature and extent of any site contamination present or remaining on or below the surface of the site	Yes/No
Determining the suitability of the site for a sensitive use or another use or range of uses	Yes/No
Determining what remediation is or remains necessary for a specified use or range of uses	Yes/No
[NB: An audit may be required for all of the above purposes.]

Date of commencement of audit:

Estimated date of completion of audit:

If this audit is 1 of a series of audits to be undertaken in relation to the audit site, indicate the total number of audits proposed to be undertaken (if known) and the completion or estimated completion dates for those audits (if known)**:

Indicate:

        •         proposed site use:

        •         current site use, or, if currently unoccupied, most recent site use:

        •         any potentially contaminating activities (within the meaning of regulation 48 of these regulations) known to have occurred at the site:

If audit is required under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 , indicate:

        •         relevant authority:

        •         development application number [if known] :

        •         site zoning:

Declaration

I am not aware of any conflict of interest within the meaning of section 103X of the Environment Protection Act 1993 that would preclude me from undertaking this audit.

To the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.

Signed*:

Dated:

* This form must be completed and signed by the "responsible auditor", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.

** If insufficient space, details may be annexed to this form.

This notification must be lodged with the EPA.

Details of this notification will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993 .

7—Form of notification by auditor after termination (before completion) of audit

Notification by auditor after termination (before completion) of audit

(under section 103Z of the Environment Protection Act 1993 )

Name of auditor*:

Auditor’s accreditation number:

Name of auditor’s company or business:

EPA reference:

Name of audit site [if applicable] :

Address of audit site:

Name, postal address and position of person who terminated audit:

Indicate authority of person who terminated audit:

EPA	Yes/No
Owner	Yes/No
Occupier	Yes/No
Developer	Yes/No
Auditor	Yes/No
Other [please specify] :

Date audit terminated:

Reasons for termination**:

Declaration

To the best of my knowledge, all information provided in this form is current and correct at the time of signing and dating.

Signed*:

Dated:

* This form must be completed and signed by the "responsible auditor", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.

** If insufficient space, details may be annexed to this form.

This notification must be lodged with the EPA.

Details of this notification will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993 .

Part 4—Site contamination audit statement (regulation 65)

8—Form of site contamination audit statement

Site contamination audit statement

(under section 103Z of the Environment Protection Act 1993 )

This statement contains the summary of the findings of the site contamination audit set out in the site contamination audit report titled: [insert title of site contamination audit report] (referred to in this form as the report ) dated: [insert report date]

Name of auditor*:

Auditor’s accreditation number:

Name of auditor’s company or business:

Auditor’s project reference:

EPA reference:

Name of audit site [if applicable] :

Address of audit site:

Name of council for area in which audit site is situated [if within council area] :

Provide the following particulars** relating to the relevant land and the audit:

        •         certificates of title of all the relevant land and an indication of whether the audit site comprises all or part only of the land shown on or described in the certificates of title;

        •         details sufficient to identify the location of the land, including section or allotment numbers, area and hundred and coordinates (GDA2020/MGA2020 and associated zone (52, 53 or 54));

        •         if the audit site comprises part only of the land described in the certificates of title, or if there is no certificate of title for the land comprising the audit site—survey plans prepared by a licensed surveyor;

        •         audit plans indicating the location and extent of the audit site (which must comply with the guidelines issued by the EPA from time to time).

Name of owner of audit site:

Name of occupier of audit site:

Name, postal address and position of person who commissioned audit:

Indicate authority of person who commissioned audit:

EPA	Yes/No
Owner	Yes/No
Occupier	Yes/No
Developer	Yes/No
Other [please specify] :

Reasons for audit [indicate all reasons] :

Required under the Development Act 1993	Yes/No
Required under the Planning, Development and Infrastructure Act 2016	Yes/No
Required under the Environment Protection Act 1993	Yes/No
Other [please specify] :

If audit was required under the Environment Protection Act 1993 , provide EPA reference number:

Audit purposes [indicate all purposes] :

Determining the nature and extent of any site contamination present or remaining on or below the surface of the site	Yes/No
Determining the suitability of the site for a sensitive use or another use or range of uses	Yes/No
Determining what remediation is or remains necessary for a specified use or range of uses	Yes/No
[NB: An audit may be required for all of the above purposes.]

If audit was required under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 , provide:

        •         name of relevant authority:

        •         development application number [if known] :

        •         site zoning:

        •         proposed site use:

Date of commencement of audit:

Date of notification of commencement of audit to EPA:

Date of completion of audit:

Summary of findings

Provide the summary of the findings of the site contamination audit as set out in the report.

If there is insufficient space on this form, provide the summary as an annexure to this form.

[NB: A site contamination audit report must comply with the guidelines from time to time issued by the EPA.]

Certification of copy of summary of findings

I certify that the summary of findings contained within or annexed to this statement represents a true and accurate summary of the findings of the site contamination audit set out in the report.

Signed*:

Dated:

* This form must be completed and signed by the "responsible auditor", being, under the Environment Protection Act 1993 and these regulations, the auditor who personally carried out or directly supervised the work involved in the audit.

** If insufficient space, details may be annexed to this form.

This site contamination audit statement must be lodged, on completion of the audit, with the council for the area in which the audit site is situated and any prescribed body (see regulation 66 of these regulations).

The report (including the summary of findings) will be recorded in the public register kept by the EPA under section 109 of the Environment Protection Act 1993 .