South Australian Consolidated Acts South Australian Consolidated Acts39—Notice and submissions in respect of applications for environmental
authorisations
(1) Subject to this
section, the Authority must, on receipt of an application for the grant of an
environmental authorisation—
(a)
cause public notice of the application to be published in a newspaper
circulating generally in the State, inviting interested persons to make
written submissions in relation to the application within a period specified
in the notice (being not less than 14 days from the date on which the notice
was published); and
(b) if
the application relates to an activity that is to be undertaken on a
particular piece of land—cause notice of the application to be given to
the owner or occupier of each piece of adjacent land, inviting the owner or
occupier to make written submissions in relation to the application within a
period specified in the notice (being not less than 14 days from the day on
which the notice is given to the owner or occupier).
(1a) The Authority
must, on receipt of an application for an environmental authorisation that
would authorise an activity for which a permit would, but for section 129 of
the Natural Resources Management Act 2004 , be required under that Act,
give notice of the application to the authority under that Act to whom an
application for a permit for that activity would otherwise have to be made
inviting the authority to make written submissions in relation to the
application within a period specified in the notice (being not less than 14
days after the notice is given to the authority).
(1b)
Subsection (1a) does not apply in relation to an activity—
(a) to
which section 64(1a) applies; or
(b) that
is development for the purposes of the Development Act 1993 and that is
authorised by a development authorisation under that Act.
(2) The Authority
must, if it considers it appropriate in the circumstances, cause the public
notice to be published, in addition, in a local newspaper circulating in the
area in which activity would be undertaken pursuant to the
environmental authorisation if it were granted.
(3)
Subsection (1) does not apply in relation to—
(aa) an
application for an exemption from the application of a provision of an
environment protection policy if the environment protection policy provides
that subsection (1) does not apply in relation to such applications; or
(a) an
application for an exemption from the application of a provision of Division 3
of Part 8; or
(b) an
application for a licence to conduct a waste transport business (category B)
as described in Part A of Schedule 1.
(4) Notice is not
required to be given to an owner or occupier of adjacent land under
subsection (1)(b) in circumstances prescribed by regulation.
(5) Where written
submissions are made in response to a notice published or given under this
section, the Authority must forward a copy of the submissions to the applicant
and allow the applicant an opportunity to respond, in writing, to the
submissions within a period specified by the Authority.
(6) A notice to be
given to the owner or occupier of adjacent land under
subsection (1)(b) may be given by addressing it to the "owner or
occupier" and posting it to, or leaving it at, the adjacent land.
(7) In this
section—
"adjacent land", in relation to other land, means land—
(a) that
abuts on the other land; or
(b) that
is no more than 60 metres from the other land and is directly separated from
the other land only by—
(i)
a road, street, footpath, railway or thoroughfare; or
(ii)
a watercourse; or
(iii)
a reserve or other similar open space.