South Australian Consolidated Acts South Australian Consolidated Acts15—Grant of permit
(1) Subject to this
section, the Minister may, in his discretion, grant, or refuse to grant, a
permit to a person who has made an application in accordance with
section 14.
(2) The Minister shall
give a decision under subsection (1) on an application for a permit
within ninety days after the application is made.
(3) Subject to
subsection (4), a permit for dumping or loading for dumping shall not be
granted in respect of any wastes or other matter to which Annex I to
the Convention applies.
(4) The Minister may
grant a permit for dumping or loading for dumping wastes or other matter to
which Annex I to the Convention applies if, in the opinion of the Minister,
there is an emergency posing an unacceptable risk relating to human health and
admitting no other feasible solution.
(5) In considering the
granting of a permit for dumping or loading, the Minister shall have regard
to—
(a) the
factors set forth in Annex III to the Convention; and
(b) in a
case to which Section B of Annex II to the Convention applies—the
matters set out in that Section; and
(c) in a
case to which Section D of Annex II to the Convention applies—any
recommendations referred to in that Section.
(6) A permit for
incineration at sea of wastes or other matter listed in paragraphs 1 and 5 of
Annex I to the Convention shall not be granted except in accordance with the
Regulations for the Control of Incineration of Wastes and Other Matter at Sea
set forth in the Addendum to that Annex and, in considering the granting of
such a permit, the Minister shall take full account of the Technical
Guidelines on the Control of Incineration of Wastes and Other Matter at Sea
adopted by the Contracting Parties to the Convention in consultation.
(7) A permit for
incineration at sea of wastes or other matter listed in Annex II to
the Convention shall not be granted except in accordance with the Regulations
for the Control of Incineration of Wastes and Other Matter at Sea set forth in
the Addendum to Annex I, to the extent that those regulations are applicable,
and, in considering the granting of such a permit, the Minister shall take
full account of the Technical Guidelines on the Control of Incineration of
Wastes and Other Matter at Sea adopted by the Contracting Parties to
the Convention in consultation, to the extent that those guidelines are
applicable.
(8) Before granting a
permit for dumping, the Minister 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 monitoring as is
specified in the agreement, being research and monitoring relating to the
consequences of the release into the marine environment through the proposed
dumping operation of any contaminants;
(b) that
the applicant will investigate, as specified in the agreement and subject to
the direction and supervision of the Minister, the possibility of avoiding or
reducing the need for further dumping by him;
(c) that
the applicant will reimburse the State the amount, as ascertained by the
Minister, of any expense incurred by the State in undertaking research,
monitoring or investigation of a kind referred to in a preceding paragraph;
(d) 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,
monitoring or investigation undertaken by the applicant in accordance with the
agreement;
(e)
that, if the applicant fails, or neglects, to carry out any research,
monitoring or investigation as required by the agreement—
(i)
the State may undertake the necessary research,
monitoring or investigation, as the case may be; 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;
(f) 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;
(g) that
the applicant will report to the Minister the results of any research,
monitoring or investigation undertaken by him in accordance with the
agreement.
(9) A permit granted
under this section shall be expressed, in accordance with the Convention, to
be either a general permit or a special permit.