South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Responsibility for pollution
   5.      Environmental harm
   5A.     Consultation with prescribed bodies required before certain regulations made
   5B.     Site contamination
   6.      Act binds Crown
   7.      Interaction with other Acts
   8.      Civil remedies not affected
   9.      Territorial and extra-territorial application of Act

   PART 2--Objects of Act

   10.     Objects of Act
   10A.    Matters to be taken into account in relation to specially protected areas

   PART 3--Administering agencies, conferences and the Fund

           Division 1--Environment Protection Authority

   11.     Establishment of Authority
   13.     Functions of Authority
   14.     Powers of Authority
   14A.    Chief Executive
   14B.    Board of Authority
   15.     Terms and conditions of office
   16.     Proceedings of Board
   17.     Board may establish committees and subcommittees

           Division 1A--Administering agencies

   18A.    Administering agencies
   18B.    Powers and functions of administering agencies
   18C.    Delegation
   18D.    Reports by administering agencies

           Division 2--Round-table conference

   19.     Round-table conference

           Division 3--Environment Protection Fund

   24.     Environment Protection Fund

   PART 4--General environmental duty

   25.     General environmental duty

   PART 5--Environment protection policies

           Division 1--General

   26.     Interpretation
   27.     Nature and contents of environment protection policies
   28.     Normal procedure for making policies
   29.     Simplified procedure for making certain policies
   30.     Reference of policies to Parliament
   31.     Interim policies
   32.     Certain amendments may be made without following normal procedure
   33.     Availability and evidence of policies

           Division 2--Contravention of mandatory provisions

   34.     Offence to contravene mandatory provisions of policy

   PART 6--Environmental authorisations and development authorisations

           Division 1--Requirement for works approval

   35.     Requirement for works approval

           Division 2--Requirement for licence

   36.     Requirement for licence

           Division 3--Exemptions

   37.     Exemptions

           Division 4--Grant, renewal, conditions and transfer of environmental authorisations

   38.     Applications for environmental authorisations
   39.     Notice and submissions in respect of applications for environmental authorisations
   40.     Grant of environmental authorisations
   41.     Authorisations may be held jointly
   42.     Time limit for determination of applications
   43.     Term and renewal of environmental authorisations
   44.     Applicants may lodge proposed environment improvement programmes
   45.     Conditions
   46.     Notice and submissions in respect of proposed variations of conditions
   47.     Criteria for grant and conditions of environmental authorisations
   48.     Annual fees and returns
   49.     Transfer of environmental authorisations
   50.     Death of person holding environmental authorisation
   50A.    Avoidance of duplication of procedures etc

           Division 5--Special conditions

   50B.    Special conditions not exhaustive
   51.     Conditions requiring financial assurance to secure compliance with Act
   52.     Conditions requiring tests, monitoring or audits
   52A.    Conditions requiring closure and post-closure plans
   53.     Conditions requiring preparation and publication of plan to deal with emergencies
   54.     Conditions requiring environment improvement programme
   54A.    Conditions requiring training of employees etc
   54B.    Conditions requiring certificate of compliance
   54C.    Conditions requiring approval of certain works and processes

           Division 6--Suspension, cancellation and surrender of environmental authorisations

   55.     Suspension or cancellation of environmental authorisations
   56.     Surrender of environmental authorisations

           Division 7--Criteria for decisions of Authority in relation to development applications

   57.     Criteria for decisions of Authority in relation to development authorisations

   PART 6A--Sustainability licence endorsements

   57A.    Requirement for endorsement of licence
   57B.    Applications for endorsements
   57C.    Endorsement of licences
   57D.    Term and renewal of endorsements
   57E.    Annual fees and returns
   57F.    Transfer of endorsements
   57G.    Suspension or revocation of endorsements

   PART 7--Voluntary audits and environment performance agreements

   58.     Protection for information produced in voluntary environmental audits
   59.     Environment performance agreements
   60.     Registration of environment performance agreements in relation to land

   PART 8--Special environment protection provisions

           Division 1--Water quality in water protection areas

   61.     Interpretation
   61A.    Proclamation of water protection areas
   62.     Appointment of authorised officers by the Water Resources Minister
   63.     Water Resources Minister may exercise Authority's enforcement powers
   64.     Certain matters to be referred to Water Resources Minister
   64A.    Action by Minister in case of unauthorised release of pollutant
   64B.    Risk of escape of pollutant from land etc
   64C.    Delegation of powers under sections 64A
           and 64B
   64D.    Costs to be a charge on land

           Division 2--Beverage containers

   64E.    Outline of Division
   65.     Interpretation
   66.     Division not to apply to certain containers
   67.     Exemption of certain containers by regulation
   68.     Approval of classes of containers as category A or category B containers
   69.     Approval of collection depots and super collectors
   69A.    Annual fees and returns for collection depots and super collectors
   69B.    Sale and supply of beverages in containers
   69C.    Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction
   69D.    Offence to contravene condition of beverage container approval
   70.     Retailers to pay refund amounts for certain empty category A containers
   71.     Collection depots to pay refund amounts for certain empty category B containers
   71A.    Manner of payment of refund amounts
   72.     Certain containers prohibited
   73.     Evidentiary provisions

   PART 9--General offences

   79.     Causing serious environmental harm
   80.     Causing material environmental harm
   81.     Alternative finding
   82.     Causing environmental nuisance
   83.     Notification where serious or material environmental harm caused or threatened
   83A.    Notification of site contamination of underground water
   84.     Defence where alleged contravention of Part

   PART 10--Enforcement

           Division 1--Authorised officers and their powers

   85.     Appointment of authorised officers
   86.     Identification of authorised officers
   87.     Powers of authorised officers
   88.     Issue of warrants
   89.     Provisions relating to seizure
   90.     Offence to hinder etc authorised officers
   91.     Self-incrimination
   92.     Offences by authorised officers etc

           Division 2--Environment protection orders

   93.     Environment protection orders
   93A.    Environment protection orders relating to cessation of activity
   94.     Registration of environment protection orders in relation to land
   95.     Action on non-compliance with environment protection order

           Division 3--Power to require or obtain information

   96.     Information discovery orders
   97.     Obtaining of information on non-compliance with order or condition of environmental authorisation
   98.     Admissibility in evidence of information

           Division 4--Action to deal with environmental harm

   99.     Clean-up orders
   100.    Clean-up authorisations
   101.    Registration of clean-up orders or clean-up authorisations in relation to land
   102.    Action on non-compliance with clean-up order
   103.    Recovery of costs and expenses

   PART 10A--Special provisions and enforcement powers for site contamination

           Division 1--Interpretation and application

   103A.   Interpretation
   103B.   Application of Part to site contamination

           Division 2--Appropriate persons to be issued with orders and liability for site contamination

   103C.   General provisions as to appropriate persons
   103D.   Causing site contamination
   103E.   Liability for site contamination subject to certain agreements
   103F.   Order may be issued to one or more appropriate persons
   103G.   Court may order that director of body is appropriate person in certain circumstances

           Division 3--Orders and other action to deal with site contamination

   103H.   Site contamination assessment orders
   103I.   Voluntary site contamination assessment proposals
   103J.   Site remediation orders
   103K.   Voluntary site remediation proposals
   103L.   Entry onto land by person to whom order is issued
   103M.   Liability for property damage etc caused by person entering land
   103N.   Special management areas
   103O.   Registration of site contamination assessment orders or site remediation orders in relation to land
   103P.   Notation of site contamination audit report in relation to land
   103Q.   Action on non-compliance with site contamination assessment order or site remediation order
   103R.   Recovery of costs and expenses incurred by Authority
   103S.   Prohibition or restriction on taking water affected by site contamination

           Division 4--Site contamination auditors and audits

   103T.   Application of Division
   103U.   Requirement for auditors to be accredited
   103V.   Accreditation of site contamination auditors
   103W.   Illegal holding out as site contamination auditor
   103X.   Conflict of interest and honesty
   103Y.   Annual returns and notification of change of address etc
   103Z.   Requirements relating to site contamination audits

           Division 5--Reports by site contamination auditors and consultants

   103ZA.  Reports by site contamination auditors and consultants
   103ZB.  Provision of false or misleading information

   PART 11--Civil remedies and penalties

   104.    Civil remedies
   104A.   Authority may recover civil penalty in respect of contravention

   PART 12--Emergency authorisations

   105.    Emergency authorisations

   PART 13--Appeals to Court

   106.    Appeals to Court
   107.    Operation and implementation of decisions or orders subject to appeal
   108.    Powers of Court on determination of appeals

   PART 14--Public register

   109.    Public register

   PART 15--Miscellaneous

   110.    Constitution of Environment, Resources and Development Court
   111.    Annual reports by Authority
   112.    State of environment reports
   113.    Waste depot levy
   114.    Waste facilities operated by Authority
   115.    Delegations
   116.    Waiver or refund of fees and levies and payment by instalments
   117.    Notices, orders or other documents issued by Authority or authorised officers
   118.    Service
   119.    False or misleading information
   120.    Statutory declarations
   120A.   False or misleading reports
   121.    Confidentiality
   123.    Continuing offences
   124.    General defence
   125.    Notice of defences
   126.    Proof of intention etc
   127.    Imputation of conduct or state of mind of officer, employee etc
   128.    Statement of officer evidence against body corporate
   129.    Liability of officers of body corporate
   130.    Reports in respect of alleged contraventions
   131.    Commencement of proceedings for summary offences
   132.    Offences and Environment, Resources and Development Court
   133.    Orders in respect of contraventions
   134.    Appointment of analysts
   135.    Recovery of administrative and technical costs associated with contraventions
   136.    Assessment of reasonable costs and expenses
   137.    Recovery from related bodies corporate
   137A.   Joint and several liability
   138.    Enforcement of charge on land
   139.    Evidentiary provisions
   140.    Regulations
           SCHEDULE 1--Prescribed activities of environmental significance
           Legislative history

           Appendix--Divisional penalties and expiation fees


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