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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Environment Protection (Access to Information) Amendment
Bill 2011
A BILL FOR
An Act to amend the Environment
Protection Act 1993.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Environment
Protection Act 1993
4Amendment of section
109—Public register
5Amendment of section
140—Regulations
6Insertion of Schedule 2
Schedule 2—Matters to be recorded in
public register
1Matters to
be recorded in public register
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Environment Protection (Access to
Information) Amendment Bill 2011.
This Act will come into operation on a day to be fixed by
proclamation.
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 109—Public register
(1) Section 109(3)—delete the subsection and substitute:
(3) The Authority must record in the register the matters specified in
Schedule 2.
(2) Section 109(3a)—delete "three months" and substitute:
7 days
(3) Section 109(4)—delete "three months" and substitute:
7 days
(4) Section 109(5)—delete "kept available for inspection, on payment
of the prescribed fee" and insert:
published on the Internet and be kept available for inspection, free of
charge
(5) Section 109(7)—delete the subsection
5—Amendment
of section 140—Regulations
Section 140(2)—after paragraph (a) insert:
(ab) include provisions in Schedule 2;
After Schedule 1 insert:
Schedule 2—Matters to be recorded in public
register
1—Matters to be recorded in public
register
(1) The following matters must be recorded in the public
register:
(a) details of any exemptions granted by the Authority under section 36(2)
of this Act;
(b) subject to this
clause, such information as the Authority considers appropriate relating to each
application for an environmental authorisation, each application for development
authorisation referred to the Authority under the Development
Act 1993 and each application for approval of a transfer of an
environmental authorisation;
(c) each determination of the Authority made in respect of an application
referred to in
paragraph (b);
(d) the name and address of each person holding an environmental
authorisation and each person granted a development authorisation on an
application referred to the Authority under the Development
Act 1993;
(e) the locations at which activities are or are proposed to be undertaken
pursuant to environmental authorisations or pursuant to development
authorisations referred to the Authority under the Development
Act 1993;
(f) the conditions of each environmental authorisation and the conditions
of each development authorisation imposed at the direction of the
Authority;
(g) details of each written submission by the Authority relating to
applications for development authorisation referred to the Authority under the
Development
Act 1993 to which the relevant authority under that Act must have
regard;
(h) details of any suspension, cancellation or surrender of an
environmental authorisation or any disqualification imposed in relation to an
environmental authorisation;
(i) if an environmental authorisation is subject to a condition requiring
compliance with an environment improvement programme under section 44 of this
Act—details of the environment improvement programme;
(j) such information as the Authority considers appropriate as to the
results of tests or monitoring or evaluation undertaken in compliance with
conditions of an environmental authorisation under section 52 of this
Act;
(k) such information as the Authority considers appropriate relating to
any determination of the Authority under section 58 of this Act;
(l) details of each environment performance agreement entered into under
section 59 of this Act;
(m) details of beverage container approvals and applications for beverage
container approvals;
(n) details of serious or material environmental harm caused or threatened
in the course of an activity that come to the notice of the Authority;
(o) details of site contamination notified to the Authority under section
83A of this Act;
(p) details of any environment protection order, clean-up order, clean-up
authorisation, site contamination assessment order or site remediation order
issued under this Act and of—
(i) any action taken by the person to whom the order was issued or by the
Authority or another administering agency in consequence of the order;
and
(ii) any report provided by the person to whom the order was issued in
consequence of the order;
(q) details of each agreement for the exclusion or limitation of liability
for site contamination to which section 103E of this Act applies;
(r) details of each agreement entered into with the Authority relating
to—
(i) an approved voluntary site contamination assessment proposal under
section 103I of this Act; or
(ii) an approved voluntary site remediation proposal under section 103K of
this Act;
(s) details of each report of an environmental assessment carried out in
relation to land for the purposes of—
(i) an approved voluntary site contamination assessment proposal under
section 103I of this Act; or
(ii) an approved voluntary site remediation proposal under section 103K of
this Act;
(t) details of each
report of an environmental assessment carried out, for any other purpose and at
any time in relation to land, by or on behalf of the Authority;
(u) details of the circumstances giving rise to—
(i) declarations of special management areas under section 103N of this
Act; or
(ii) prohibitions or restrictions on taking water under section 103S of
this Act;
(v) details of each pre-1 July 2009 site audit report carried out in
relation to land;
(w) details of each notification relating to the commencement or the
termination before completion of a site contamination audit under section 103Z
of this Act;
(x) details of each site contamination audit report submitted to the
Authority under section 103Z of this Act;
(y) details of each report known as a "Health Commission Report" prepared
on behalf of the South Australian Health Commission (under the repealed South
Australian Health Commission Act 1976) in relation to pollution of
land or contamination of land by chemical substances;
(z) details of licences to operate a waste depot issued under the repealed
South
Australian Waste Management Commission Act 1979 or the repealed
Waste
Management Act 1987;
(za) details of licences issued under the repealed South
Australian Waste Management Commission Act 1979 to produce waste of
a prescribed kind (within the meaning of that Act);
(zb) details of licences issued under the repealed Waste
Management Act 1987 to produce prescribed waste (within the meaning
of that Act);
(zc) details of any records that the former South Australian Waste
Management Commission held under the repealed Waste
Management Act 1987 of waste (within the meaning of that Act) being
deposited on land between 1 January 1983 and
30 April 1995;
(zd) details of each written report or submission made by the Authority in
response to a referral to it under the Development
Act 1993 for comment of—
(i) a proposal to create or amend the Planning Strategy or a Development
Plan; or
(ii) an EIS, PER or DR,
(within the meaning of those terms under that Act);
(ze) copies of each written warning issued by the Authority in relation to
an alleged contravention of this Act;
(zf) details of prosecutions and other enforcement action under this
Act;
(zg) details of civil proceedings before the Environment, Resources and
Development Court under this Act;
(zh) the following details of the recovery by the Authority, by
negotiation, of an amount as a civil penalty in respect of an alleged
contravention of this Act:
(i) the name of the person from whom the amount was recovered;
(ii) particulars of the alleged contravention;
(iii) the amount recovered.
(2) In this Schedule—
environmental assessment, in relation to land, means an
assessment of the existence or nature or extent of—
(a) site contamination (as defined in section 5B of this Act) at the land;
or
(b) any other contamination of the land by chemical substances,
and includes such an assessment in relation to water on or below the
surface of the land;
pre-1 July 2009 site audit, in relation to land, means a
review (carried out by a person recognised by the Authority as an environmental
auditor) that examines environmental assessments or remediation of the land for
the purposes of determining—
(a) the nature and extent of contamination of the land by chemical
substances present or remaining on or below the surface of the land;
and
(b) the suitability of the land for a particular use; and
(c) what remediation is or remains necessary for a particular
use,
but does not include a site contamination audit (as defined in section 3(1)
of this Act) completed on or after 1 July 2009;
pre-1 July 2009 site audit report means a detailed written
report that sets out the findings of a pre-1 July 2009 site
audit.