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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Environment Protection (Disposal of PFAS Contaminated
Substances) Amendment Bill 2020
A BILL FOR
An Act to amend the
Environment
Protection Act 1993
.
Contents
Part 2—Amendment of Environment
Protection Act 1993
4Amendment of section 47—Criteria for grant
and conditions of environmental authorisations
5Insertion of Part 8 Division 3
Division 3—Restriction on authorisation
for disposal of PFAS contaminated substances
74Restriction on
authorisation for disposal of PFAS contaminated substances
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Environment Protection (Disposal of PFAS
Contaminated Substances) Amendment Act 2020.
This Act comes into operation 4 months after the day on which it is
assented to by the Governor.
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 Environment Protection
Act 1993
4—Amendment
of section 47—Criteria for grant and conditions of environmental
authorisations
Section 47(2)—after "(3) and (4)" insert:
and section 74
5—Insertion
of Part 8 Division 3
After section 73 insert:
Division 3—Restriction on authorisation for
disposal of PFAS contaminated substances
74—Restriction on authorisation for disposal of
PFAS contaminated substances
(1) Despite Part 6 or
any other provision of this Act, the Authority must not, on or after the
commencement of this section—
(a) grant a licence, or grant a licence subject to conditions;
or
(b) impose conditions on, or vary or revoke the conditions of, a licence;
or
(c) grant any other authorisation or approval,
that authorises, or has the effect of authorising, a landfill depot to
receive a PFAS contaminated substance for disposal at the depot if the landfill
depot is located (or is proposed to be located)—
(d) in whole or in part in the Greater Adelaide planning region within the
meaning of the
Planning,
Development and Infrastructure Act 2016
; or
(e) within 50 km of land used for the business of primary production;
or
(f) within a township or 5 km from the boundaries of a
township.
(2)
Subsection (1)
does not apply to the renewal by the Authority of—
(a) a licence, or a licence subject to conditions; or
(b) any other authorisation or approval,
in force immediately before the commencement of this section if the
licence, authorisation or approval authorised, or had the effect of authorising,
a landfill depot to receive a PFAS contaminated substance for disposal at the
depot before that commencement.
(3) In this section—
business of primary production means the business of
agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming,
dairy farming, forestry or any other business consisting of the cultivation of
soils, the gathering in of crops, the rearing of livestock or the propagation or
harvesting of fish or other aquatic organisms or other activity prescribed by
regulation;
landfill depot means a depot, facility or works for the
disposal of waste to land;
PFAS means per- and poly-fluoroalkyl substances;
PFAS contaminated substance means a substance that contains
PFAS in a concentration that exceeds the concentration prescribed by regulation
(which may vary in relation to different substances) for the purposes of this
definition (to be calculated in a manner determined by the Authority).