ENVIRONMENT PROTECTION ACT 1993 - SECT 64
ENVIRONMENT PROTECTION ACT 1993 - SECT 64
64—Certain matters to be referred to Water Resources Minister
(1) Where an
application of a kind prescribed by subsection (1a) is made under Part 6
for an environmental authorisation in respect of an activity to be undertaken
in a water protection area (except a water protection area, or part of a water
protection area, excluded from the operation of this section by
regulation)—
(a) the
application must be referred to the Water Resources Minister together with a
copy of any relevant information provided by the applicant; and
(b)
subject to subsection (2), the Authority must not make a decision on the
application until it receives a response from the Water Resources Minister.
(1a) The following
kinds of applications are prescribed for the purposes of subsection (1):
(a) an
application for an environmental authorisation to drain or discharge any
solid, liquid or gaseous material directly or indirectly into a well that is a
prescribed well under the Landscape South Australia Act 2019 ;
(b) an
application for an environmental authorisation in respect of any activity that
might, in the opinion of the Authority, create a significant risk of
environmental harm to a water resource within the meaning of the Landscape
South Australia Act 2019 .
(1b)
Subsection (1a) does not apply in relation to an activity that is
development for the purposes of the Planning, Development and Infrastructure
Act 2016 and that is authorised by a development authorisation under that
Act.
(2) If a response is
not received from the Water Resources Minister within the period prescribed by
regulation, it will be presumed that the Water Resources Minister does not
wish to make a response, but the period prescribed will, if the Waters
Resources Minister notifies the Authority of the need for such extension, be
extended by a period of time equal to the time taken by the applicant to
furnish further information in compliance with a requirement under
subsection (3).
(3) Where the Water
Resources Minister requires further information before giving a response under
this section, the Water Resources Minister may, by notice in writing served on
the applicant no later than two months after the application was made, require
the applicant to furnish further specified information in writing.
(4) The
Water Resources Minister may require any further information required under
subsection (3) to be verified by statutory declaration.
(5) Where further
information is required under this section in respect of an application, the
application is to be taken not to have been duly made for the purposes of Part
6 until the information is furnished as required by the
Water Resources Minister.
(6) The regulations
may—
(a)
provide that the Authority must not make a decision on an application referred
to the Water Resources Minister under this section—
(i)
without having regard to the response of the
Water Resources Minister; or
(ii)
without the concurrence of the Water Resources Minister
(which concurrence may be given on such conditions as the
Water Resources Minister thinks fit);
(b)
empower the Water Resources Minister to direct the Authority—
(i)
to refuse the application; or
(ii)
if the Authority decides to grant the
application—to impose such conditions as the Water Resources Minister
thinks fit,
(and the Authority must comply with any such direction).
(7) Where the
Authority acting by direction of the Water Resources Minister refuses an
application or imposes conditions in respect of an
environmental authorisation, the Authority must notify the applicant that the
application was refused, or the conditions imposed, by direction under this
section.
(8) Where a refusal or
condition referred to in subsection (7) is appealed against to the
Environment, Resources and Development Court under this Act, the
Water Resources Minister will be a party to the appeal.
(9) The
Water Resources Minister may, by notice in writing, instruct the Authority to
refer an application of a kind referred to in subsection (1) in respect
of an activity that is to be undertaken in the region of a regional landscape
board to the board instead of to the Minister and in that event references to
the Water Resources Minister in this section and in a regulation made under
this section will be taken to be references to the board.