South Australian Consolidated Acts South Australian Consolidated Acts46—Notice and submissions in respect of proposed variations of
conditions
(1) Subject to this
section, if the Authority proposes to vary the conditions of an
environmental authorisation, the Authority must first—
(a) give
notice in writing of the proposed variation to the holder of the
authorisation—
(i)
setting out the reasons for the proposed variation; and
(ii)
inviting the holder of the authorisation to make written
submissions in relation to the proposed variation within a period specified in
the notice (being not less than 14 days from the day on which the notice is
given to the holder); and
(b)
cause public notice of the proposed variation to be published in a newspaper
circulating generally in the State—
(i)
setting out the reasons for the proposed variation; and
(ii)
inviting interested persons to make written submissions
in relation to the proposed variation within a period specified in the notice
(being not less than 14 days from the date of publication of the notice); and
(c) if
the proposed variation relates to an activity that is to be undertaken on a
particular piece of land—cause notice of the proposed variation to be
given to the owner or occupier of each piece of adjacent land—
(i)
setting out the reasons for the proposed variation; and
(ii)
inviting the owner or occupier to make written
submissions in relation to the proposed variation 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) Subject to this
section, if the Authority proposes to vary the conditions of an
environmental authorisation that authorises an activity for which a permit
would, but for section 129 of the Natural Resources Management Act 2004 ,
be required under that Act, the Authority must first give notice to
the authority under that Act to whom an application for a permit for that
activity would otherwise have to be made that—
(a) sets
out the reasons for the proposed variation; and
(b)
invites the authority to make written submissions in relation to the proposal
within a period specified in the notice (being not less than 14 days after the
notice is given to the authority).
(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 is or is to be undertaken pursuant to the
environmental authorisation.
(3) Notice of a
proposed variation is not required to be given to the holder of the
environmental authorisation if—
(a) the
proposed variation is to be made with consent of the holder; or
(b) the
proposed variation consists of the revocation of a condition.
(4) Public notice
under subsection (1)(b) and notice under subsection (1a) are not
required if the proposed variation does not result in any relaxation of the
requirements imposed for the protection or restoration of the environment by
or under this Act on the holder of the environmental authorisation.
(4a) Notice is not
required to be given to an owner or occupier of adjacent land under
subsection (1)(c)—
(a) if
the proposed variation—
(i)
does not result in any relaxation of the requirements
imposed for the protection or restoration of the environment by or under this
Act on the holder of the environmental authorisation; and
(ii)
will not, in the opinion of the Authority, result in any
adverse effect on the adjoining land or on the amenity value of the adjoining
land; or
(b) in
circumstances prescribed by regulation.
(5) No notice is
required in respect of—
(a) a
proposed variation of conditions of an exemption from a provision of Division
3 of Part 8; or
(b) a
proposed variation of conditions of a licence to conduct a waste transport
business (category B) as described in Part A of Schedule 1; or
(c) a
proposed variation to be made to correct an error or make a change of form
(not involving a change of substance); or
(d) a
proposed variation of a kind prescribed by regulation.
(5a) Where written
submissions are made in response to a notice published under
subsection (1)(b) or given to the owner or occupier of adjacent land
under subsection (1)(c), the Authority must forward a copy of the
submissions to the holder of the environmental authorisation and allow the
holder of the environmental authorisation an opportunity to respond, in
writing, to the submissions within a period specified by the Authority.
(6) For the purposes
of this section, a reference to the "variation of conditions includes a
reference to the revocation of a condition or the imposition of a condition or
further condition after the grant of the authorisation.
(7) A notice to be
given to the owner or occupier of adjacent land under
subsection (1)(c) may be given by addressing it to the "owner or
occupier" and posting it to, or leaving it at, the adjacent land.
(8) 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.