South Australia: Environment Protection Act 1993 (SA)

South Australia Environment Protection Act 1993 An Act to provide for the protection of the environment; to establish the Environment Protection Authority and define its functions and powers; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Waste 4A Approved recovered resources 4B Waste management hierarchy 5 Environmental harm 5B Site contamination 5C Responsibility for pollution 5D Liability for certain offences from vehicles 6 Act binds Crown 7 Interaction with other Acts 8 Civil remedies not affected 9 Territorial and extra-territorial application of Act Part 2—Objects of Act 10 Objects of Act 10A Matters to be taken into account in relation to specially protected areas Part 3—Administering agencies, conferences and the Fund Division 1—Environment Protection Authority 11 Establishment of Authority 13 Functions of Authority 14 Powers of Authority 14A Chief Executive 14B Board of Authority 15 Terms and conditions of office 16 Proceedings of Board 17 Board may establish committees and subcommittees Division 1A—Administering agencies 18A Administering agencies 18B Powers and functions of administering agencies 18C Delegation 18D Reports by administering agencies Division 2—Round-table conference 19 Round-table conference Division 3—Environment Protection Fund 24 Environment Protection Fund Part 4—General environmental duty 25 General environmental duty Part 5—Environment protection policies Division 1—General 26 Interpretation 27 Nature and contents of environment protection policies 28 Normal procedure for making policies 29 Simplified procedure for making certain policies 30 Reference of policies to Parliament 31 Interim policies 32 Certain amendments may be made by Gazette notice only Division 2—Contravention of mandatory provisions 34 Offence to contravene mandatory provisions of policy Part 6—Environmental authorisations and development authorisations Division 1—Requirement for works approval 35 Requirement for works approval Division 2—Requirement for licence 36 Requirement for licence Division 3—Exemptions 37 Exemptions Division 4—Grant, renewal, conditions and transfer of environmental authorisations 38 Applications for environmental authorisations 39 Notice and submissions in respect of applications for environmental authorisations 40 Grant of environmental authorisations 41 Authorisations may be held jointly 42 Time limit for determination of applications 43 Term and renewal of environmental authorisations 44 Applicants may lodge proposed environment improvement programmes 45 Conditions 46 Notice and submissions in respect of proposed variations of conditions 47 Criteria for grant and conditions of environmental authorisations 48 Annual fees and returns 49 Transfer of environmental authorisations 50 Death of person holding environmental authorisation 50A Avoidance of duplication of procedures etc Division 5—Special conditions 50B Special conditions not exhaustive 51 Conditions requiring financial assurance 52 Conditions requiring tests, monitoring or audits 52A Conditions requiring closure and post-closure plans 53 Conditions requiring preparation and publication of plan to deal with emergencies 54 Conditions requiring environment improvement programme 54A Conditions requiring training of employees etc 54B Conditions requiring certificate of compliance 54C Conditions requiring approval of certain works and processes Division 6—Suspension, cancellation and surrender of environmental authorisations 55 Suspension or cancellation of environmental authorisations 56 Surrender of environmental authorisations Division 7—Criteria for decisions of Authority in relation to development applications 57 Criteria for decisions of Authority in relation to development authorisations Part 6A—Sustainability licence endorsements 57A Requirement for endorsement of licence 57B Applications for endorsements 57C Endorsement of licences 57D Term and renewal of endorsements 57E Annual fees and returns 57F Transfer of endorsements 57G Suspension or revocation of endorsements Part 7—Voluntary audits and environment performance agreements 58 Protection for information produced in voluntary environmental audits 59 Environment performance agreements 60 Registration of environment performance agreements in relation to land Part 8—Special environment protection provisions Division 1—Water quality in water protection areas 61 Interpretation 61A Proclamation of water protection areas 62 Appointment of authorised officers by the Water Resources Minister 63 Water Resources Minister may exercise Authority's enforcement powers 64 Certain matters to be referred to Water Resources Minister 64A Action by Minister in case of unauthorised release of pollutant 64B Risk of escape of pollutant from land etc 64C Delegation of powers under sections 64A and 64B 64D Costs to be a charge on land Division 2—Beverage containers 64E Outline of Division 65 Interpretation 66 Division not to apply to certain containers 67 Exemption of certain containers by regulation 68 Approval of classes of containers as category A or category B containers 69 Approval of collection depots and super collectors 69A Annual fees and returns for collection depots and super collectors 69B Sale and supply of beverages in containers 69C Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction 69D Offence to contravene condition of beverage container approval 70 Retailers to pay refund amounts for certain empty category A containers 71 Collection depots to pay refund amounts for certain empty category B containers 71A Manner of payment of refund amounts 72 Certain containers prohibited 73 Evidentiary provisions Part 9—General offences 79 Causing serious environmental harm 80 Causing material environmental harm 81 Alternative finding 82 Causing environmental nuisance 83 Notification where serious or material environmental harm caused or threatened 83A Notification of site contamination of underground water 84 Defence where alleged contravention of Part Part 10—Enforcement Division 1—Authorised officers and their powers 85 Appointment of authorised officers 85A Senior authorised officers 86 Identification of authorised officers 87 Powers of authorised officers 88 Warrants other than special powers warrants 88A Powers of senior authorised officers to investigate illegal dumping etc 89 Provisions relating to seizure 90 Offence to hinder etc authorised officers 91 Self-incrimination 92 Offences by authorised officers etc Division 2—Environment protection orders 93 Environment protection orders 93A Environment protection orders relating to cessation of activity 94 Registration of environment protection orders in relation to land 95 Action on non-compliance with environment protection order Division 3—Power to require or obtain information 96 Information discovery orders 97 Obtaining of information on non-compliance with order or condition of environmental authorisation 98 Admissibility in evidence of information Division 4—Action to deal with environmental harm 99 Clean-up orders 100 Clean-up authorisations 101 Registration of clean-up orders or clean-up authorisations in relation to land 102 Action on non-compliance with clean-up order 103 Recovery of costs and expenses Part 10A—Special provisions and enforcement powers for site contamination Division 1—Interpretation and application 103A Interpretation 103B Application of Part to site contamination Division 2—Appropriate persons to be issued with orders and liability for site contamination 103C General provisions as to appropriate persons 103D Causing site contamination 103E Liability for site contamination subject to certain agreements 103F Order may be issued to one or more appropriate persons 103G Court may order that director of body is appropriate person in certain circumstances Division 3—Orders and other action to deal with site contamination 103H Site contamination assessment orders 103I Voluntary site contamination assessment proposals 103J Site remediation orders 103K Voluntary site remediation proposals 103L Entry onto land by person to whom order is issued 103M Liability for property damage etc caused by person entering land 103N Special management areas 103O Registration of site contamination assessment orders or site remediation orders in relation to land 103P Notation of site contamination audit report in relation to land 103Q Action on non-compliance with site contamination assessment order or site remediation order 103R Recovery of costs and expenses incurred by Authority 103S Prohibition or restriction on taking water affected by site contamination Division 4—Site contamination auditors and audits 103T Application of Division 103U Requirement for auditors to be accredited 103V Accreditation of site contamination auditors 103W Illegal holding out as site contamination auditor 103X Conflict of interest and honesty 103Y Annual returns and notification of change of address etc 103Z Requirements relating to site contamination audits Division 5—Reports by site contamination auditors and consultants 103ZA Reports by site contamination auditors and consultants 103ZB Provision of false or misleading information Part 11—Civil remedies and penalties 104 Civil remedies 104A Authority may recover civil penalty in respect of contravention Part 12—Emergency authorisations 105 Emergency authorisations Part 13—Appeals to Court 106 Appeals to Court 107 Operation and implementation of decisions or orders subject to appeal 108 Powers of Court on determination of appeals Part 14—Public register 109 Public register Part 15—Miscellaneous 110 Constitution of Environment, Resources and Development Court 111 Annual reports by Authority 112 State of environment reports 113 Waste depot levy 114 Waste facilities operated by Authority 115 Delegations 116 Waiver or refund of fees and levies and payment by instalments 117 Notices, orders or other documents issued by Authority or authorised officers 118 Service 119 False or misleading information 120 Statutory declarations 120A False or misleading reports 121 Confidentiality 123 Continuing offences 124 General defence 125 Notice of defences 126 Proof of intention etc 127 Imputation of conduct or state of mind of officer, employee etc 128 Statement of officer evidence against body corporate 129 Liability of officers of body corporate 130 Reports in respect of alleged contraventions 131 Commencement of proceedings for summary offences 132 Offences and Environment, Resources and Development Court 133 Orders in respect of contraventions 134 Appointment of analysts 135 Recovery of administrative and technical costs associated with contraventions 135A Recovery of administrative and technical costs associated with action under Part 10A 136 Assessment of reasonable costs and expenses 137 Recovery from related bodies corporate 137A Joint and several liability 138 Enforcement of charge on land 139 Evidentiary 140 Regulations Schedule 1—Prescribed activities of environmental significance Part AA—Interpretation A1 Interpretation Part A—Activities A2 Interpretation—waste depot 1 Petroleum and Chemical 2 Manufacturing and Mineral Processing 3 Resource recovery, waste disposal and related activities 4 Activities in Specified Areas 5 Animal Husbandry and Other Activities 6 Food Production and Animal and Plant Product Processing 7 Materials Handling and Transportation 8 Other Part B—Listed wastes Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Environment Protection Act 1993. 3—Interpretation (1) In this Act, unless the contrary intention appears— activity includes the storage or possession of a pollutant; administering agency—see Division 1A of Part 3; air includes any layer of the atmosphere; amenity value of an area includes any quality or condition of the area that conduces to its enjoyment; appointed member, in relation to the Board, means a member appointed by the Governor; appropriate person, in relation to the issuing of a site contamination assessment order or site remediation order, means the person who is the appropriate person under Part 10A to be issued with the order; approved recovered resource—see section 4A; associate—see subsection (2); authorised officer means a person appointed to be an authorised officer under Division 1 of Part 10; the Authority means the Environment Protection Authority established under Division 1 of Part 3; background concentrations, in relation to chemical substances on a site or below its surface, means results obtained from carrying out assessments of the presence of the substances in the vicinity of the site in accordance with guidelines from time to time issued by the Authority; beverage container approval means an approval for the purposes of Division 2 of Part 8; Board means the Board of the Environment Protection Authority established as the governing body of the Authority under Division 1 of Part 3; business includes a business not carried on for profit or gain and any activity undertaken by government or a public authority; cause site contamination—see section 103D; chemical substance means any organic or inorganic substance, whether a solid, liquid or gas (or combination thereof), and includes waste; Chief Executive of the Authority means a person who is, for the time being, taken to be the Chief Executive of the Authority in accordance with section 14A; clean-up authorisation means a clean-up authorisation issued under Division 4 of Part 10; clean-up order means a clean-up order issued under Division 4 of Part 10; climate change adaptation means any process of adjusting to the actual or expected effects of climate change; climate change mitigation means measures or activities that relate to reducing the rate of climate change including (without limitation) by limiting, reducing or preventing greenhouse gas emissions; coastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth; condition includes a limitation; contravene includes fail to comply with; council means a council within the meaning of the Local Government Act 1999; director of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act; disposal, of waste or other matter—see subsection (4); document means a paper or record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device); domestic activity means an activity other than an activity undertaken in the course of a business; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; environment means land, air, water, organisms and ecosystems, and includes— (a) human-made or modified structures or areas; and (b) the amenity values of an area; environmental authorisation means a works approval, licence or exemption; environmental harm—see section 5; environmental nuisance means— (a) any adverse effect on an amenity value of an area that— (i) is caused by pollution; and (ii) unreasonably interferes with or is likely to interfere unreasonably with the enjoyment of the area by persons occupying a place within, or lawfully resorting to, the area; or (b) any unsightly or offensive condition caused by pollution; environment performance agreement means an environment performance agreement entered into under Part 7; environment protection order means an environment protection order issued under Division 2 of Part 10; environment protection policy means an environment protection policy made under Part 5; the Environment, Resources and Development Court means the Court of that name established under the Environment, Resources and Development Court Act 1993; exemption means an exemption under Part 6 from the application of a specified provision of this Act; the general environmental duty means the duty under Part 4; greenhouse gas emissions has the same meaning as in the Climate Change and Greenhouse Emissions Reduction Act 2007; holding company has the same meaning as in the Corporations Act 2001 of the Commonwealth; information discovery order means an information discovery order issued under Division 3 of Part 10; injury includes illness; land means, according to context— (a) land as a physical entity, including land covered with water; or (b) any legal estate or interest in, or right in respect of, land; liability for site contamination means— (a) liability to be issued with an order under Part 10A in respect of the site contamination; or (b) liability to pay an amount ordered by the Court under Part 11 in respect of the site contamination; licence means a licence under Part 6 to undertake a prescribed activity of environmental significance; mandatory provisions of an environment protection policy—see Part 5; marine waters means the coastal waters of the State or any part of the sea that is within the limits of the State, and includes any estuary or tidal waters; material environmental harm —see section 5; national environment protection measure means a national environment protection measure made under the prescribed national scheme laws; noise includes vibration; occupier, in relation to a place, includes a person with a right to occupy the place or a licensee or any holder of a right to use or carry on operations at the place, but does not include a mortgagee in possession unless the mortgagee assumes active management of the place; officer, in relation to a body corporate, means— (a) a director of the body corporate; or (b) the chief executive officer of the body corporate; or (c) a receiver or manager of any property of the body corporate or a liquidator of the body corporate, and includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with management responsibilities in respect of the matters to which the contravention or alleged contravention related; owner of land means— (a) if the land is unalienated from the Crown—the Crown; or (b) if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or (c) if the land is held from the Crown by lease or licence—the lessee or licensee; or (d) if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; place includes any land, water, premises or structure; pollutant means— (a) any solid, liquid or gas (or combination thereof) including waste, smoke, dust, fumes and odour; or (b) noise; or (c) heat; or (d) anything declared by regulation to be a pollutant for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); or (e) anything declared by an environment protection policy to be a pollutant for the purposes of this Act, but does not include anything declared by regulation or by an environment protection policy not to be a pollutant for the purposes of this Act; pollute means— (a) discharge, emit, deposit, dispose of or disturb pollutants; or (b) cause or fail to prevent the discharge, emission, depositing, disposal, disturbance or escape of pollutants, and pollution has a corresponding meaning; pre-school means a place primarily used for the care or instruction of children of less than primary school age not resident at the site, and includes a nursery, kindergarten or child-care centre; prescribed activity of environmental significance means an activity specified in Schedule 1 as amended from time to time by regulation; the prescribed national scheme laws means— (a) the prescribed law of the Commonwealth; and (b) the prescribed law of this State; and (c) the laws of other States or Territories of the Commonwealth corresponding to the prescribed law of this State, under which national environment protection measures may be made; prescribed person means— (a) a natural person; or (b) a body corporate that is not the holder of an environmental authorisation under this Act; or (c) if the regulations specify a scheme under which the holder of an environmental authorisation may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance—a body corporate that is an accredited licensee under such a scheme; public authority includes a Minister, statutory authority or council; related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth; remediate a site means treat, contain, remove or manage chemical substances on or below the surface of the site so as to— (a) eliminate or prevent actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; and (b) eliminate or prevent, as far as reasonably practicable— (i) actual or potential harm to water that is not trivial; and (ii) any other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses, and remediation has a corresponding meaning; repealed environment law means an Act or provision repealed by this Act; resource recovery, in relation to waste or other matter, means— (a) reusing the waste or matter; or (b) recycling the waste or matter; or (c) recovering energy or other resources from the waste or matter; sell includes— (a) supply on a gratuitous basis for commercial promotional purposes; and (b) offer or display for sale or such supply; sensitive use means— (a) use for residential purposes; or (b) use for a pre-school; or (c) use for a primary school; or (d) use of a kind prescribed by regulation; serious environmental harm—see section 5; site means an area of land (whether or not in the same ownership or occupation); site contamination—see section 5B; site contamination assessment order means a site contamination assessment order under Part 10A; site contamination audit means a review carried out by a person that— (a) examines assessments or remediation carried out by another person in respect of known or suspected site contamination on or below the surface of a site; and (b) is for the purpose of determining any 1 or more of the following matters: (i) the nature and extent of any site contamination present or remaining on or below the surface of the site; (ii) the suitability of the site for a sensitive use or another use or range of uses; (iii) what remediation is or remains necessary for a specified use or range of uses; site contamination auditor means a person accredited under Division 4 of Part 10A as a site contamination auditor; site contamination audit report, in relation to a site contamination audit, means a detailed written report that— (a) sets out the findings of the audit and complies with the guidelines from time to time issued by the Authority; and (b) includes a summary of the findings of the audit certified, in the prescribed form, by the site contamination auditor who personally carried out or directly supervised the audit; site contamination audit statement, in relation to a site contamination audit, means a copy (that must comply with the regulations) of the summary of the findings of the audit certified, in the prescribed form, by the site contamination auditor who personally carried out or directly supervised the audit; site contamination consultant means a person other than a site contamination auditor who, for fee or reward, assesses the existence or nature or extent of site contamination; site remediation order means a site remediation order under Part 10A; spouse—a person is the spouse of another if they are legally married; treatment, of waste or other matter—see subsection (4); unauthorised stockpiling, of waste or other matter—see subsection (5); undertake an activity includes commence or proceed with an activity or cause, suffer or permit an activity to be commenced or to proceed; vehicle includes— (a) any vessel or aircraft; and (b) a vehicle within the meaning of the Road Traffic Act 1961; vessel includes a vessel within the meaning of the Harbors and Navigation Act 1993; waste—see section 4; waste management hierarchy—see section 4B; waste transport business means a waste transport business (category A) or a waste transport business (category B), each within the meaning of Schedule 1 Part A clause 3; water means— (a) water occurring naturally above or under the ground; or (b) water introduced to an aquifer or other area under the ground; or (c) an artificially created body of water or stream that is for public use or enjoyment; water protection area—see section 61; works approval means a works approval under Part 6 to carry out works in respect of a building, structure, plant or equipment for use for a prescribed activity of environmental significance. (2) For the purposes of this Act, a person is an associate of another if— (a) they are partners; or (b) one is a spouse, domestic partner, parent or child of another; or (c) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or (d) one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or (e) one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in five per cent or more of the share capital of the body corporate or other entity; or (f) they are related bodies corporate; or (g) a relationship of a prescribed kind exists between them; or (h) a chain of relationships can be traced between them under any one or more of the above paragraphs. (3) For the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust. (4) For the purposes of this Act, unless the contrary intention appears— (a) a reference to the disposal of waste or other matter includes a reference to stockpiling or abandoning the waste or matter; and (b) a reference to the treatment of waste or other matter includes a reference to the treatment of waste or other matter for resource recovery; and (c) a reference to the treatment of waste or other matter for resource recovery is a reference to the treatment of the waste or matter in some way— (i) to recover material from the waste or matter that may be reused or recycled; or (ii) to recover energy or other resources from the waste or matter; or (iii) to prepare the waste for further treatment to recover material from the waste or matter that may be reused or recycled or to recover energy or other resources from the waste or matter, and includes, but is not limited to, sorting, shredding, crushing, compacting or packaging the waste or matter; and (d) a reference to waste or matter of a particular kind includes a reference to material that contains waste or matter of that kind to a significant extent. (5) For the purposes of this Act, unauthorised stockpiling of waste or other matter will be taken to have occurred if a maximum allowable stockpile limit imposed by or under this Act in relation to the waste or other matter has been exceeded. 4—Waste (1) For the purposes of this Act, waste means— (a) any discarded, dumped, rejected, abandoned, unwanted or surplus matter, whether or not intended for sale or for purification or resource recovery by a separate operation from that which produced the matter; or (b) any matter declared by regulation to be waste for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); or (c) any matter declared by an environment protection policy to be waste for the purposes of this Act, whether or not of value. (2) However, waste does not include— (a) an approved recovered resource whilst it is being dealt with in accordance with the declaration of that resource—see section 4A; or (b) anything declared by regulation or an environment protection policy not to be waste for the purposes of this Act, even though the resource or the thing so declared might otherwise, but for the declaration, fall within the definition of waste in subsection (1). 4A—Approved recovered resources (1) The Authority may, by notice in the Gazette, declare that specified matter constitutes an approved recovered resource for the purposes of this Act and therefore does not, while it is being dealt with in accordance with the declaration, constitute waste for the purposes of this Act. (2) Regulations may be made in relation to declarations under this section and may, without limiting the generality of subsection (1), provide for— (a) the manner and form of applications for declarations; and (b) application fees relating to declarations; and (c) the criteria against which applications will be determined; and (d) the provision of further information by applicants; and (e) the imposition of conditions of declarations; and (f) the term and renewal of declarations; and (g) the grounds for refusing applications; and (h) the variation or revocation of declarations by further notice in the Gazette; and (i) the circumstances in which declarations may be varied or revoked. 4B—Waste management hierarchy In this Act, a reference to the waste management hierarchy is a reference to an order of priority for the management of waste in which— (a) avoidance of the production of waste; and (b) minimisation of the production of waste; and (c) reuse of waste; and (d) recycling of waste; and (e) recovery of energy and other resources from waste; and (f) treatment of waste to reduce potentially degrading impacts; and (g) disposal of waste in an environmentally sound manner, are pursued in order with, first, avoidance of the production of waste, and second, to the extent that avoidance is not reasonably practicable, minimisation of the production of waste, and third, to the extent that minimisation is not reasonably practicable, reuse of waste, and so on. 5—Environmental harm (1) For the purposes of this Act, environmental harm is any harm, or potential harm, to the environment (of whatever degree or duration) and includes— (a) an environmental nuisance; and (b) anything declared by regulation to be environmental harm for the purposes of this Act (following consultation by the Minister on the regulation with prescribed bodies in accordance with the regulations); and (c) anything declared by an environment protection policy to be environmental harm for the purposes of this Act. (2) For the purposes of this Act, potential harm includes risk of harm and future harm. (3) For the purposes of this Act, the following provisions are to be applied in determining whether environmental harm is material environmental harm or serious environmental harm: (a) environmental harm is to be treated as material environmental harm if— (i) it consists of an environmental nuisance of a high impact or on a wide scale; or (ii) it involves actual or potential harm to the health or safety of human beings that is not trivial, or other actual or potential environmental harm (not being merely an environmental nuisance) that is not trivial; or (iii) it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $5 000; (b) environmental harm is to be treated as serious environmental harm if— (i) it involves actual or potential harm to the health or safety of human beings that is of a high impact or on a wide scale, or other actual or potential environmental harm (not being merely an environmental nuisance) that is of a high impact or on a wide scale; or (ii) it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $50 000. (4) For the purposes of subsection (3), loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent or mitigate the environmental harm and to make good resulting environmental damage. (5) For the purposes of this Act, environmental harm is caused by pollution— (a) whether the harm is a direct or indirect result of the pollution; and (b) whether the harm results from the pollution alone or from the combined effects of the pollution and other factors. 5B—Site contamination (1) For the purposes of this Act, site contamination exists at a site if— (a) chemical substances are present on or below the surface of the site in concentrations above the background concentrations (if any); and (b) the chemical substances have, at least in part, come to be present there as a result of an activity at the site or elsewhere; and (c) the presence of the chemical substances in those concentrations has resulted in— (i) actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; or (ii) actual or potential harm to water that is not trivial; or (iii) other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses. (2) For the purposes of this Act, environmental harm is caused by the presence of chemical substances— (a) whether the harm is a direct or indirect result of the presence of the chemical substances; and (b) whether the harm results from the presence of the chemical substances alone or the combined effects of the presence of the chemical substances and other factors. (3) For the purposes of this Act, site contamination does not exist at a site if circumstances of a kind prescribed by regulation apply to the site. 5C—Responsibility for pollution For the purposes of this Act, the occupier or person in charge of a place or vehicle at or from which a pollutant escapes or is discharged, emitted, deposited or disposed of will be taken to have polluted the environment with the pollutant (but without affecting the liability of any other person in respect of the escape, discharge, emission, depositing or disposal of the pollutant). 5D—Liability for certain offences from vehicles (1) If— (a) an activity is carried on— (i) in, at or from a vehicle; or (ii) in connection with the use of a vehicle; and (b) the activity results in a principal offence, the owner of the vehicle is guilty of an offence against this section and is liable to the same penalty as is prescribed for the principal offence and the expiation fee (if any) that is fixed for the principal offence also applies in relation to the offence against this section. (2) However, the owner of a vehicle and the person who committed the principal offence (the alleged principal offender) are not both liable through the operation of this section to be found guilty of, or to expiate, an offence arising out of the same circumstances, and consequently a finding of guilt in relation to, or expiation by, the owner exonerates the alleged principal offender and conversely a finding of guilt in relation to, or expiation by, the alleged principal offender exonerates the owner. (3) An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the alleged principal offender, to provide the issuing authority specified in the notice, within the period specified in the notice, with a statutory declaration— (a) setting out the name and address of the person who the owner believes to have been the alleged principal offender; or (b) if he or she had transferred ownership of the vehicle to another prior to the time of the alleged principal offence and has complied with the Motor Vehicles Act 1959 or the Harbors and Navigation Act 1993 (as the case may require) in respect of the transfer—setting out details of the transfer (including the name and address of the transferee). (4) If the vehicle is owned by 2 or more persons— (a) a prosecution for an offence against this section may be brought against 1 of the owners or against some or all of the owners jointly as co-defendants; and (b) if the case for the prosecution is proved and a defence is not established, the defendant or each of the defendants who does not establish a defence is liable to be found guilty of an offence against this section. (5) Before proceedings are commenced against the owner of a vehicle for an offence against this section, the informant must send the owner a notice— (a) setting out particulars of the alleged principal offence; and (b) inviting the owner, if he or she was not the alleged principal offender or the owner of the vehicle at the time of the alleged principal offence, to provide the informant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (3)(a) and (b). (6) Subsection (5) does not apply to— (a) proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or (b) proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the alleged principal offender. (7) Subject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove— (a) that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of commission of the alleged principal offence; or (b) that the owner provided the informant with a statutory declaration in accordance with an invitation under this section. (8) The defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular. (9) If— (a) an expiation notice is given to a person named as the alleged principal offender in a statutory declaration under this section; or (b) proceedings are commenced against such a person, the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged principal offender. (10) The particulars of the statutory declaration provided to the alleged principal offender must not include the address of the person who provided the statutory declaration. (11) In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was present in or at the vehicle at the time at which the alleged principal offence was committed. (12) In proceedings against the owner of a vehicle or the alleged principal offender for an offence against this Act, an allegation in the information that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged. (13) For the purposes of this section, an activity consisting of the disposal of waste or other matter to the environment will be presumed, in the absence of proof to the contrary, to have been carried on in connection with the use of a vehicle if the waste or matter has been disposed of to the environment and the vehicle was seen arriving at the place of disposal before the disposal or leaving that place after the disposal. (14) This section does not apply in relation to the disposal of waste or other matter by a passenger of a taxi or a train, tram, bus, ferry, passenger ship, or other public transport vehicle, that was being used for a public purpose at the time. (15) In this section— owner of a vehicle— (a) in the case of a vessel within the meaning of the Harbors and Navigation Act 1993, has the same meaning as in section 4(1) of that Act, and includes the operator of the vessel within the meaning of that Act; (b) in the case of a vehicle within the meaning of the Road Traffic Act 1961, has the same meaning as in section 5(1) of that Act, and includes the operator of the vehicle within the meaning of that Act; principal offence means— (a) an offence against section 34 (contravening a mandatory provision of an environment protection policy); or (b) an offence against— (i) Part 8 Division 2; or (ii) Part 9; or (c) an offence prescribed by regulation. 6—Act binds Crown (1) This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities. (2) No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act. 7—Interaction with other Acts (1) Subject to this section, this Act is in addition to and does not limit or derogate from the provisions of any other Act. (2) This Act does not apply to circumstances to which the Environment Protection (Sea Dumping) Act 1984 applies. (3) This Act is subject to— (a1) the Electricity Corporations (Restructuring and Disposal) Act 1999; and (a) the Pulp and Paper Mills Agreement Act 1958; and (b) the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) Act 1964; and (c) the Roxby Downs (Indenture Ratification) Act 1982. (4) This Act does not apply in relation to— (a) petroleum exploration activity undertaken under the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982; or (b) wastes produced in the course of an activity (not being a prescribed activity of environmental significance) authorised by a lease or licence under the Mining Act 1971, the Petroleum Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982 when produced and disposed of to land and contained within the area of the lease or licence; or (c) wastes produced in the course of an activity (not being a prescribed activity of environmental significance) authorised by a lease under the Mining Act 1971 when disposed of to land and contained within the area of a miscellaneous purposes licence under that Act adjacent to the area of the lease. 8—Civil remedies not affected The provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied. 9—Territorial and extra-territorial application of Act (1) This Act extends in application to the coastal waters of the State and the air above and land beneath those waters. (2) Where— (a) a person causes a pollutant to come within the State or causes environmental harm within the State, by conduct engaged in outside the State; and (b) the conduct would, if engaged in within the State, constitute a contravention of this Act, the person is liable to a penalty in respect of the contravention as if the conduct were engaged in by the person within the State. (3) For the purposes of subsection (2)— (a) a reference to the State includes a reference to the coastal waters of the State and the air above and land beneath those waters; and (b) a reference to engaging in conduct includes a reference to failure to act. Part 2—Objects of Act 10—Objects of Act (1) The objects of this Act are— (a) to promote the following principles (principles of ecologically sustainable development): (i) that the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being and for their health and safety while— (A) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and (B) safeguarding the life-supporting capacity of air, water, land and ecosystems; and (C) avoiding, remedying or mitigating any adverse effects of activities on the environment; (ii) that proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement; and (ab) to ensure that all reasonable and practicable measures are taken to protect, restore and enhance the quality of the environment having regard to the principles of ecologically sustainable development and the need for climate change adaptation and climate change mitigation; and (b) in particular, to ensure that, as far as is reasonably practicable, the following measures are taken: (i) to prevent, reduce, minimise and, where practicable, eliminate harm to the environment— (A) by programs to encourage and assist action by industry, public authorities and the community aimed at pollution prevention, clean production and technologies, climate change adaptation, climate change mitigation and resource recovery; and (AB) by programs to encourage and assist industry, public authorities and the community to apply the waste management hierarchy; and (B) by regulating, in an integrated, systematic and cost-effective manner— • activities, products, substances and services that, through pollution or production of waste, cause environmental harm; and • the generation, storage, handling, treatment, transfer, transportation, receipt or disposal of waste and other pollutants; (iaa) to promote the circulation of materials through the waste management process and to support a strong market for recovered resources— (A) by programs to encourage and assist industry, public authorities and the community to engage in resource recovery; and (B) by regulating resource recovery; and (C) by regulating the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter; and (D) by preventing the unauthorised stockpiling of waste or other matter; (ia) to establish processes for carrying out assessments of known or suspected site contamination and, if appropriate, remediation of the sites; (ii) to co-ordinate activities, policies and programmes necessary to prevent, reduce, minimise or eliminate environmental harm, address climate change adaptation and climate change mitigation and ensure effective environmental protection, restoration and enhancement; (iii) to facilitate the adoption and implementation of environment protection measures agreed on by the State under intergovernmental arrangements for greater uniformity and effectiveness in environment protection; (iv) to apply a precautionary approach to the assessment of risk of environmental harm and climate change and ensure that all aspects of environmental quality affected by pollution and waste (including ecosystem sustainability and valued environmental attributes) are considered in decisions relating to the environment; (v) to require persons engaged in polluting activities to progressively make environmental improvements (including reduction of pollution and waste at source) as such improvements become practicable through technological and economic developments; (va) to require persons engaged in polluting activities to ensure their facilities and premises are designed or progressively improved so as to limit the risk of environmental harm from those activities in relation to the impacts of a changing climate; (vi) to allocate the costs of environment protection and restoration equitably and in a manner that encourages responsible use of, and reduced harm to, the environment with polluters bearing an appropriate share of the costs that arise from their activities, products, substances and services; (vii) to provide for monitoring and reporting on environmental quality on a regular basis to ensure compliance with statutory requirements and the maintenance of a record of trends in environmental quality; (viii) to provide for reporting on the state of the environment on a periodic basis; (ix) to promote— (A) industry and community education and involvement in decisions about the protection, restoration and enhancement of the environment; and (B) disclosure of, and public access to, information about significant environmental incidents and hazards. (2) The Minister, the Authority and all other administering agencies and persons involved in the administration of this Act must have regard to, and seek to further, the objects of this Act. 10A—Matters to be taken into account in relation to specially protected areas The Minister, the Authority and all other bodies and persons involved in the administration of this Act must, if taking any action under this Act within or in relation to— (a) any part of the Adelaide Dolphin Sanctuary within the meaning of the Adelaide Dolphin Sanctuary Act 2005— (i) seek to further the objects and objectives of that Act; and (ii) take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under that Act; or (b) any part of a marine park within the meaning of the Marine Parks Act 2007— (i) seek to further the objects of that Act; and (ii) take into account the provisions of the management plan for the marine park under that Act; or (c) any part of the Murray‑Darling Basin within the meaning of the Murray-Darling Basin Act 1993— (i) seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act (insofar as they may be relevant); and (ii) take into account the provisions of the River Murray Implementation Strategy under that Act. Part 3—Administering agencies, conferences and the Fund Division 1—Environment Protection Authority 11—Establishment of Authority (1) The Environment Protection Authority is established. (2) The Authority— (a) is a body corporate with perpetual succession and a common seal; and (b) is capable of suing and being sued in its corporate name; and (c) is capable of acquiring, holding or dealing with real or personal property in its corporate name; and (d) has the functions and powers assigned or conferred under this Act. (3) The Authority is an instrumentality of the Crown and holds its property on behalf of the Crown. (4) In the exercise of its powers, functions or duties, the Authority is subject to the direction of the Minister except in relation to— (a) the making of a recommendation or report to the Minister; or (b) the performance of its functions under Part 6 or Part 6A; or (c) the enforcement of this Act. (5) Any direction given to the Authority by the Minister must be in writing. 13—Functions of Authority (1) The Authority has the following functions: (a) to prepare draft environment protection policies; (b) to conduct regular reviews of environment protection policies, regulations and other measures and practices under this Act to ensure that they are adequate and effective to secure the objects of this Act; (c) to contribute to the development of national environment protection measures and ensure their effective application in this State; (d) to facilitate the pursuit of the objects of this Act by Commonwealth, State and local government bodies, the private sector and the public; (e) to authorise activities of environmental significance through an authorisation system aimed at the control and minimisation of pollution and waste; (f) to conduct investigations for the purpose of assessing compliance with this Act or conditions of licences or other authorisations under this Act; (g) to institute or supervise environmental monitoring and evaluation programmes; (h) to provide advice and assistance in relation to the development and implementation of best environmental management practices and for that purpose encourage and, where necessary, undertake or require environmental audits, emergency planning, environment improvement programmes, environment performance agreements, and similar measures; (i) to conduct and promote programmes and projects for the protection, restoration or enhancement of the environment; (j) to provide advice to the Minister in relation to the administration and enforcement of this Act and in relation to other legislation that has, or may have, an impact on the environment; (k) to administer and enforce this Act and perform any other functions assigned to the Authority by or under any other Act. (2) In performing its functions, the Authority should consult— (a) with other agencies of the State, agencies of the Commonwealth and of the other States and Territories of the Commonwealth, and intergovernmental agencies, that have functions corresponding to those of the Authority; and (b) with local government and relevant industry, environment and community organisations. 14—Powers of Authority The Authority may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions and in particular may— (a) obtain expert or technical advice from a person on such terms and conditions as the Authority thinks fit; and (b) with the approval of a Minister administering an administrative unit, make use of the services of the administrative unit's employees and of its facilities; and (c) with the approval of a council, make use of the services of officers or employees of that council. 14A—Chief Executive (1) If— (a) in accordance with section 14(b), the Authority makes use of the services of an administrative unit's employees and of its facilities; and (b) the Minister administering that administrative unit approves the application of this section to the position of chief executive of that administrative unit, the person for the time being holding or acting in the position of chief executive of that administrative unit will be taken to be the Chief Executive of the Authority for the purposes of this Act. (2) The Chief Executive is, subject to the control and direction of the Board, responsible for giving effect to the policies and decisions of the Board. 14B—Board of Authority (1) The Board of the Environment Protection Authority is established as the governing body of the Authority. (2) The Board is to consist of not less than seven and not more than nine members appointed by the Governor. (3) The Chief Executive of the Authority is a member of the Board ex officio. (3a) 1 of the appointed members of the Board will be appointed by the Governor to be the presiding member of the Board. (3b) 1 of the appointed members of the Board may be appointed by the Governor to be the deputy presiding member of the Board. (4) The Minister must consult with prescribed bodies, in accordance with the regulations, in relation to the selection of persons for appointment under this section. (5) The Board's membership must include persons who together have, in the Governor's opinion, the following attributes: (a) qualifications and experience relevant to environmental protection and management or natural resources management; (b) practical knowledge of, and experience in, industry, commerce or economic development; (c) practical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community; (ca) practical knowledge of, and experience in, climate change adaptation and climate change mitigation; (d) practical knowledge of, and experience in, the reduction, re-use, recycling and management of waste or the environmental management industry; (e) legal qualifications and experience in environmental law; (f) qualifications and experience relevant to management generally and public sector management; (g) practical knowledge of, and experience in, local government. (6) At least one member of the Board must be a woman and one a man. (8) The Governor may appoint a suitable person to be deputy of a member of the Board (other than the Chief Executive) and a person so appointed may act as a member of the Board during any period of absence of the member. 15—Terms and conditions of office (2) An appointed member of the Board is to be appointed for a term, not exceeding 3 years, specified in the instrument of appointment and is, on the expiration of a term of office, eligible for re-appointment. (3) An appointed member of the Board is entitled to such remuneration, allowances and expenses as may be determined by the Governor. (4) The Governor may remove an appointed member of the Board from office for— (a) misconduct; or (b) neglect of duty; or (c) incapacity to carry out satisfactorily the duties of his or her office; or (d) failure to carry out satisfactorily the duties of his or her office. (5) An appointed member of the Board neglects his or her duty if the member fails to attend three consecutive meetings without the leave of the Board. (6) The office of an appointed member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (d) is removed from office by the Governor under subsection (4). (7) On the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 16—Proceedings of Board (1) The Board must meet at least 11 times in each calendar year or more frequently where necessary for the performance of its functions. (2) The presiding member will preside at each meeting of the Board at which he or she is present. (2a) If the presiding member is absent from a meeting of the Board— (a) if a member appointed as deputy presiding member is present—that member will preside; or (b) in any other case—an appointed member of the Board chosen by the members present at the meeting will preside. (3) A quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one. (4) Subject to subsection (3), the Board may act notwithstanding vacancies in its membership or a defect in appointment of a member. (5) A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board. (6) Each appointed member present at a meeting of the Board has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (6a) The Chief Executive of the Authority is not entitled to vote at a meeting of the Board. (7) A telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present. (8) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and (b) a majority of the members express their concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission or other written communication setting out the terms of the resolution. (9) The Board must have accurate minutes kept of its proceedings and make them available to all members of the Board. (10) A person who is not a member of the Board may be present during a meeting with the consent of the Board but not otherwise. (11) Subject to this Act, the Board may determine its own procedures. 17—Board may establish committees and subcommittees (1) The Board— (a) must establish the committees or subcommittees required by the regulations; and (b) may establish such other committees or subcommittees as the Board thinks fit, to advise the Authority on any aspect of its functions, or to assist the Authority in the performance of its functions. (2) A committee or subcommittee established under subsection (1) will consist of such persons as the Board thinks fit and may, but need not, consist of, or include, members of the Board. (3) The procedures to be observed in relation to the conduct of business of a committee or a subcommittee of the Board will be— (a) as prescribed by regulation; or (b) insofar as the procedure is not prescribed by regulation—as determined by the Board; or (c) insofar as the procedure is not prescribed by regulation or determined by the Board—as determined by the relevant committee or subcommittee. (4) The Public Sector (Honesty and Accountability) Act 1995 applies to the members of a committee or subcommittee as if the committee or subcommittee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. Division 1A—Administering agencies 18A—Administering agencies (1) The following bodies are, in addition to the Authority, administering agencies for the purposes of this Act: (a) councils declared to be administering agencies by the Minister by notice in the Gazette; (b) any other public authorities prescribed by regulation as administering agencies. (2) The Minister may only declare a council to be an administering agency at the request of the council. (3) The Minister may, if the Minister thinks fit after consultation with the council, and must at the request of the council, by subsequent notice in the Gazette, declare that a council that is an administering agency will cease to be an administering agency on a day specified in the notice. 18B—Powers and functions of administering agencies (1) An administering agency that is a council has the function of administering and enforcing this Act in relation to activities in its area other than— (a) prescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance; (b) activities undertaken by the Crown, the council or another public authority or a prescribed person or body; (c) any other activities prescribed by regulation for the purposes of this subsection. (2) An administering agency, other than the Authority or a council, has the function of administering and enforcing this Act in relation to activities prescribed by regulation (subject to any conditions specified in the regulations) other than prescribed activities of environmental significance or activities undertaken at the same place as a prescribed activity of environmental significance. (3) The conferral of a function on an administering agency under subsection (1) or (2) is not to be taken to limit or affect the performance of that function by the Authority. (4) A reference in this Act to an administering agency is, in relation to an administering agency other than the Authority, a reference to the administering agency only in relation to functions conferred on the administering agency under this section. 18C—Delegation (1) An administering agency, other than the Authority, may, by instrument executed by the administering agency, delegate a function conferred on the administering agency under this Division to— (a) a committee of the administering agency; or (b) a subsidiary of the administering agency; or (c) an employee of the administering agency; or (d) the employee of the administering agency for the time being occupying a particular office or position; or (e) an authorised officer. (2) A delegation under this section may be given subject to conditions specified in the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the administering agency from acting in any matter. 18D—Reports by administering agencies An administering agency must report to the Authority, at such intervals as the Authority requires, on the performance by the administering agency of functions conferred on the administering agency under this Division. Division 2—Round-table conference 19—Round-table conference (1) The Authority must hold round‑table conferences in accordance with this section for the purpose of assisting the Authority and the Minister to assess the views of interested bodies and persons on such matters related to— (a) the operation of this Act; or (b) the protection, restoration or enhancement of the environment within the scope of this Act, as the Authority may determine. (1a) Round‑table conferences are to b