South Australian Consolidated Acts South Australian Consolidated Acts14—Application for permit
(1) Subject to this
Act, a person may make an application to the Minister for the grant of a
permit under this Act.
(2) Subject to
section 15, a person may not make an application under
subsection (1)—
(a) in
relation to the dumping or loading for dumping of any wastes or other matter
to which Annex I to the Convention applies; or
(b) in
relation to the incineration at sea of wastes or other matter listed in
paragraph 2, 3, 4, 6 and 7 of Annex I to the Convention.
(3) An application for
a permit must be made in accordance with the appropriate form approved by the
Minister from time to time.
(4) Where an
application is made for the grant of a permit and the Minister requires
further information for the purpose of enabling him to deal with the
application, he may, by notice in writing served on the applicant not later
than sixty days after the application is made, require the applicant to
furnish to the Minister, as specified in the notice, a statement in writing
setting out that further information and, if a notice is so served, the
application shall be deemed, for the purposes of section 15, not to have
been duly made until the statement is furnished.
(5) Where, in his
preliminary consideration of an application for a permit for dumping, the
Minister forms the view that, in order to enable him to decide whether a
permit should be granted or not, or to formulate conditions that should be
imposed in respect of a permit if a permit is granted, it will be necessary
for research and analysis to be undertaken to determine the effect that the
proposed dumping may have on the marine environment, the Minister, before
giving further consideration to the application, may require the applicant to
enter into an agreement with the State that includes one or more of the
following provisions:
(a) that
the applicant will, at his own expense but subject to the direction and
supervision of the Minister, undertake such research and analysis as is
specified in the agreement, being research and analysis relating to the effect
that the proposed dumping might have on the marine environment;
(b) that
the applicant will reimburse the State the amount, as ascertained by the
Minister, of any expense incurred by the State in undertaking research and
analysis of a kind referred to in paragraph (a);
(c) that
the applicant will reimburse the State the amount, as ascertained by the
Minister, of any expense incurred by the State in supervising any research and
analysis undertaken by the applicant in accordance with the agreement;
(d)
that, if the applicant fails, or neglects, to carry out any research or
analysis as required by the agreement—
(i)
the State may undertake the necessary research and
analysis; and
(ii)
in that event, the applicant will reimburse the State the
amount, as ascertained by the Minister, of the expense incurred by the State
in connection with such undertaking;
(e) that
the applicant is to give a security to the State for the payment of any amount
that he may become liable to pay to the State under the agreement;
(f) that
the applicant will report to the Minister the results of any research and
analysis undertaken by him in accordance with the agreement.
(6) Where an applicant
is required under subsection (5) to enter into an agreement with the
State providing for the undertaking of research and analysis as specified in
the agreement, his application shall be deemed, for the purposes of
section 15, not to have been duly made until the research and analysis
has been completed to the satisfaction of the Minister.