South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 140

140—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (aa)         make provisions implementing a national environment protection measure;

            (a)         amend Schedule 1 by—

                  (i)         inserting a provision into, substituting a provision in, or deleting a provision from, the Schedule; or

                  (ii)         inserting material into, substituting material in, or deleting material from, a provision of the Schedule;

            (ab)         provide for the manner in which Acts or instruments may refer to a prescribed activity of environmental significance (eg by way of an item number or an activity (or both));

            (b)         exempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions;

            (c)         prescribe forms for the purposes of this Act;

            (d)         prescribe fees, or provide for the Authority to determine fees, to be paid in respect of any matter under this Act and provide for the recovery of those fees;

            (da)         provide for matters relating to the identification or tracking of waste or other matter or the handling, storage, treatment, transfer, transportation, receipt or disposal of waste or other matter at depots, facilities, works or any other place including—

                  (i)         the weighing, calculation and certification of mass or volume of the waste or matter; and

                  (ii)         the monitoring of the handling, storage, treatment, transfer, transportation, receipt or disposal of the waste or matter; and

                  (iii)         the installation, use or maintenance of cameras at depots, facilities or works; and

                  (iv)         the installation, use or maintenance of GPS devices in or in relation to vehicles of a prescribed class (including, but not limited to, vehicles used in the course of a prescribed activity of environmental significance); and

                  (v)         the prevention of tampering with such cameras or GPS devices; and

                  (vi)         the access, use or retention by the Authority or another administering agency of information collected by such cameras or GPS devices;

            (db)         provide for the furnishing to the Authority, another administering agency or an authorised officer, of any other reports, statements, documents or other forms of information;

            (e)         authorise the release or publication of information of a specified kind obtained in the administration of this Act;

            (f)         include evidentiary provisions to facilitate proof of contraventions of this Act for the purposes of proceedings for offences;

            (g)         prescribe fines (not exceeding $10 000) for offences against the regulations;

            (h)         prescribe expiation fees (not exceeding $1 000) for alleged offences against the regulations.

        (3)         Regulations under this Act—

            (a)         may be of general application or limited application;

            (b)         make different provision according to the matters or circumstances to which they are expressed to apply;

            (ba)         refer to, or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed person or body, as in force from time to time or as in force at a specified time; and

            (c)         provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Authority, another administering agency, an authorised officer or a prescribed person or body.

        (3a)         If the regulations refer to a code, standard or other document

            (a)         a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

            (b)         in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister or the Authority or another administering agency as a true copy of the code, standard or other document; and

            (c)         the code, standard or other document has effect as if it were a regulation made under this Act.

        (4)         A regulation under this Act may prescribe differential fees for the purposes of this Act or may provide for fees to be determined by reference to factors related to the quality and quantity of pollution caused or likely to be caused by the persons liable to pay the fees or by reference to other factors.

        (5)         A regulation under this Act may make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations or environment protection policies under this Act.

        (6)         A provision referred to in subsection (5) may, if the regulations so provide, take effect from the date of assent to this Act or a later day.

        (7)         To the extent to which a provision referred to in subsection (5) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

            (a)         to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or

            (b)         to impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication.



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