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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Coast Protection (Significant Works) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Coast
Protection Act 1972
.
Contents
Part 2—Amendment of Coast Protection
Act 1972
3Amendment of section
4—Interpretation
27Assessment of
social, economic and environmental importance of works
28AMinister may take action in
respect of works
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Coast Protection (Significant Works)
Amendment Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Coast Protection
Act 1972
3—Amendment
of section 4—Interpretation
(1) Section 4—after the definition of council
insert:
EIS—see subsection (2);
(2) Section 4—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) A reference in this Act to an EIS is a reference to an environmental
impact statement, being a document that includes a detailed description and
analysis of a wide range of issues relevant to works undertaken, or proposed to
be undertaken, by the Board and incorporates significant information to assist
in an assessment of environmental, social and economic effects associated with
the works and the means by which those effects can be managed.
After section 25 insert:
Part 5—Significant Works
26—Application of Part
This Part applies in respect of works authorised to be undertaken by the
Board under section 21(1) or 21A.
27—Assessment of social, economic and environmental
importance of works
If the Minister is of the opinion that works to which this Part applies, or
the anticipated effects of such works, are of significant social, economic or
environmental importance, the Minister must direct the Board to—
(a) prepare an EIS
in respect of the works or any specified part of the works; and
(b) cease, or refrain
from commencing, the works or any specified part of the works pending a
determination of the Minister under
section 28A
.
28—EIS process
(1) An EIS must include a statement of—
(a) the expected environmental, social and economic effects of the works
and the means by which those effects can be managed; and
(b) if the works are within or relate to a specially protected area or
resource—the extent to which the manner of undertaking the works and the
expected effects of the works are consistent with the management and
preservation of the specially protected area or resource; and
(c) the Board's commitments to meet conditions (if any) that should be
observed in order to avoid, mitigate or satisfactorily manage and control any
potentially adverse effects of the works on the environment or any matter that
may be directly relevant to a specially protected area or resource;
and
(d) any other particulars in relation to the works required by the
Minister.
(2) After the EIS has
been prepared, the Minister must refer the EIS to each of the following for
comment and report within the time specified by the Minister (the
consultation period) which must not be less than 2
weeks:
(a) each council within whose area the proposed works are
situated;
(b) any other council whose area is likely to be affected by the
works;
(c) if the works are within or relate to a specially protected area or
resource—the relevant Minister for the specially protected area or
resource;
(d) any prescribed authority or body.
(3) The Minister may
also refer the EIS to such other authorities or bodies as the Minister thinks
fit for comment and report within the consultation period.
(4) On referring an EIS
under
subsection (2)
, the Minister must—
(a) ensure that copies of the EIS are available, for the duration of the
consultation period—
(i) on a website determined by the Minister; and
(ii) for public inspection and purchase (during normal office hours);
and
(b) give public notice in a newspaper circulating generally in the State
of the availability of copies of the EIS and invite interested persons to make
written submissions to the Minister on the EIS within the consultation
period.
(5) The Minister must
give to the Board copies of all submissions made to the Minister under
subsections (2)
,
(3)
and
(4)
and give the Board opportunity to respond to the Minister about those
submissions.
28A—Minister may take action in respect of
works
The Minister may, on completion of an EIS process under
section 28
in respect of certain works and taking into account all submissions made
to the Minister under that section, direct the Board to take such action in
respect of the works as the Minister considers appropriate in the circumstances
which may, without limitation, include a direction to refrain from undertaking
the works (or part of the works), to modify the scope or manner of undertaking
the works or to take such precautionary or remedial action relating to the works
as the Minister considers appropriate.
Schedule 1—Transitional
provision
The amendments to the
Coast
Protection Act 1972
made by the
Coast
Protection (Significant Works) Amendment Act 2019
apply to works authorised under section 21(1) or 21A of the
Coast
Protection Act 1972
whether those works were commenced before or after the commencement of the
Coast
Protection (Significant Works) Amendment Act 2019
, but those amendments do not apply to works that had been, at that
commencement, completed.