South Australian Consolidated Acts South Australian Consolidated Acts47—Criteria for grant and conditions of environmental authorisations
(1) In
determining—
(a)
whether to grant or refuse an environmental authorisation; or
(b) what
should be the term or conditions of an environmental authorisation,
the Authority must—
(c) have
regard to, and seek to further, the objects of this Act; and
(d) have
regard to the general environmental duty; and
(e) have
regard to any relevant environment protection policy, and, in relation to an
application for exemption from mandatory provisions of an
environment protection policy, give effect to any provisions of the policy
governing the granting of such exemptions; and
(ea)
have regard to the waste strategy for the State adopted under the Zero Waste
SA Act 2004 (if relevant); and
(f) have
regard to any relevant reports, assessments, environmental impact statement,
public environmental report, development report, Assessment Report,
development authorisation or other document or requirement under the
Development Act 1993 ; and
(g) have
regard to any relevant environment improvement programme or
environment performance agreement or any such proposed programme or agreement;
and
(h) have
regard to any written submissions (and any responses to such submissions) made
to the Authority under this Part that are relevant to the matters to be
determined; and
(i)
in relation to any proposed variation of the conditions
of an environmental authorisation, have regard to any submissions made by the
holder of the authorisation to the Authority under this Part; and
(j)
where an authority under the Natural Resources Management Act 2004 has
made submissions to the Authority in response to an invitation under
section 39(1a) or 46(1a), have regard to those submissions.
(2) Despite
subsection (1) but subject to subsections (3) and (4), where a
person—
(a) has
been granted—
(i)
a works approval authorising works for the purposes of a
prescribed activity of environmental significance; or
(ii)
a development authorisation under Division 1 of Part 4 of
the Development Act 1993 authorising a development for the purposes of a
prescribed activity of environmental significance on each application in
respect of that development referred to the Authority in accordance with that
Division; or
(iii)
a development authorisation under Division 2 of Part 4 of
the Development Act 1993 authorising a development or project for the
purposes of a prescribed activity of environmental significance; and
(b) has
complied with the conditions (if any) of the works approval or development
authorisation imposed by or at the direction of the Authority,
the Authority may not, on due application for such a licence, refuse to grant
a licence authorising the person to undertake that prescribed activity of
environmental significance.
(2a) If an application
for an environmental authorisation involves an activity that requires a
related approval under the Development Act 1993 , the Authority must
defer its determination of the application under this Act until a relevant
development authorisation is obtained under the Development Act 1993 and
the Authority receives notification of that development authorisation (and any
conditions) from the applicant (and if an application for a development
authorisation is refused under that Act then, subject to the regulations,
the Authority must refuse the application for environmental authorisation
under this Act).
(3) The Authority may
refuse an environmental authorisation if the Authority is not satisfied that
the applicant is a suitable person to be granted the authorisation.
(4) In particular,
without limiting the effect of subsection (3), the Authority may refuse
an environmental authorisation—
(a) if
the applicant has contravened this Act or any prescribed Act, or has held an
environmental authorisation or other authority that has been cancelled or
suspended under this Act or any such prescribed Act; or
(b) if
the applicant is a body corporate and a director of the body corporate—
(i)
has contravened this Act or any prescribed Act, or has
held an environmental authorisation or other authority that has been cancelled
or suspended under this Act or any such prescribed Act; or
(ii)
is or has been the director of another body corporate
that has contravened this Act or any prescribed Act, or has held an
environmental authorisation or other authority that has been cancelled or
suspended under this Act or any such prescribed Act; or
(c) on
any ground prescribed by regulation.
(5) For the purposes
of subsection (4), any Act including an Act that has been repealed or an
Act of a place other than this State may be declared by regulation to be a
prescribed Act.