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statutes amendment (light pollution and nuisance) bill 2021

South Australia

Statutes Amendment (Light Pollution and Nuisance) Bill 2021

A BILL FOR

An Act to amend the Environment Protection Act 1993


and the Local Nuisance and Litter Control Act 2016


.


Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


Part 2—Amendment of Environment Protection Act 1993


4Amendment of section 3—Interpretation


Part 3—Amendment of Local Nuisance and Litter Control Act 2016


5Amendment of section 17—Meaning of local nuisance


6Amendment of section 51—Regulations


7Amendment of Schedule 1—Meaning of local nuisance (section 17)



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Light Pollution and Nuisance) Act 2021.

2—Commencement

This Act comes into operation 3 months after the day on which it is assented to by the Governor.

3—Amendment provisions

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 3—Interpretation

(1) Section 3(1)—after the definition of licence insert:

light means light from an artificial source but does not include—

(a) public street lighting; or

(b) light from a traffic control device or navigational aid; or

(c) light from a prescribed major entertainment, sporting or other venue or facility; or

(d) light emitted in the course of a prescribed activity or event, or prescribed class of activity or event; or

(e) light of a kind declared by regulation or an environment protection policy not to be light for the purposes of this Act;

(2) Section 3(1), definition of pollutant—after paragraph (c) insert:

(ca) light; or

Part 3—Amendment of Local Nuisance and Litter Control Act 2016

5—Amendment of section 17—Meaning of local nuisance

Section 17(1)(a)(i)(A)—after "noise," insert:

artificial light,

6—Amendment of section 51—Regulations

Section 51(2)(e)(i)—delete subparagraph (i) and substitute:

(i) persons or bodies or classes of persons or bodies;

(ia) activities or events or classes of activities or events;

7—Amendment of Schedule 1—Meaning of local nuisance (section 17)

(1) Schedule 1, Part 3, clause 5(f)—after "other nuisance" insert:

(other than artificial light)

(2) Schedule 1, Part 3, clause 5—after paragraph (r) insert:

(s) light from public street lighting;

(t) light from a traffic control device or navigational aid;

(u) light from a prescribed major entertainment, sporting or other venue or facility.

 


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