South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 47

47—Criteria for grant and conditions of environmental authorisations

        (1)         In determining—

            (a)         whether to grant or refuse an environmental authorisation; or

            (b)         what should be the term or conditions of an environmental authorisation,

the Authority must—

            (c)         have regard to, and seek to further, the objects of this Act; and

            (d)         have regard to the general environmental duty; and

            (e)         have regard to any relevant environment protection policy, and, in relation to an application for exemption from mandatory provisions of an environment protection policy, give effect to any provisions of the policy governing the granting of such exemptions; and

            (ea)         have regard to the waste strategy for the State adopted under the Green Industries SA Act 2004 (if relevant); and

            (f)         have regard to any relevant reports, assessments, environmental impact statement, Assessment Report, development authorisation or other document or requirement under the Planning, Development and Infrastructure Act 2016 ; and

            (g)         have regard to any relevant environment improvement programme or environment performance agreement or any such proposed programme or agreement; and

            (h)         have regard to any written submissions (and any responses to such submissions) made to the Authority under this Part that are relevant to the matters to be determined; and

                  (i)         in relation to any proposed variation of the conditions of an environmental authorisation, have regard to any submissions made by the holder of the authorisation to the Authority under this Part; and

            (j)         where an authority under the Landscape South Australia Act 2019 has made submissions to the Authority in response to an invitation under section 39(1a) or 46(1a), have regard to those submissions.

        (2)         Despite subsection (1) but subject to subsections (2b), (3) and (4), where a person—

            (a)         has been granted—

                  (i)         a works approval authorising works for the purposes of a prescribed activity of environmental significance; or

                  (ii)         a development authorisation under Part 7 or 8 of the Planning, Development and Infrastructure Act 2016 —

                        (A)         authorising a development for the purposes of a prescribed activity of environmental significance on each application in respect of that development referred to the Authority in accordance with that Part; or

                        (B)         authorising a development or project for the purposes of a prescribed activity of environmental significance; and

            (b)         has complied with the conditions (if any) of the works approval or development authorisation imposed by or at the direction of the Authority,

the Authority may not, on due application for such a licence, refuse to grant a licence authorising the person to undertake that prescribed activity of environmental significance.

        (2a)         If an application for an environmental authorisation involves an activity that requires a related approval under the Planning, Development and Infrastructure Act 2016 , the Authority must defer its determination of the application under this Act until a relevant development authorisation is obtained under the Planning, Development and Infrastructure Act 2016 and the Authority receives notification of that development authorisation (and any conditions) from the applicant (and if an application for a development authorisation is refused under that Act then, subject to the regulations, the Authority must refuse the application for environmental authorisation under this Act).

        (2b)         If an application for an environmental authorisation involves an activity for which a financial assurance under section 51 is required, the following provisions apply:

            (a)         the Authority must defer its determination of the application under this Act until the applicant provides the Authority with the prescribed details in relation to the financial assurance; and

            (b)         if those details are not provided to the Authority as required, the Authority must, subject to the regulations, refuse the application for environmental authorisation under this Act.

        (3)         The Authority may refuse an environmental authorisation if the Authority is not satisfied that the applicant is a suitable person to be granted the authorisation.

        (4)         In particular, without limiting the effect of subsection (3), the Authority may refuse an environmental authorisation—

            (a)         if the applicant has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or

            (b)         if the applicant is a body corporate and a director of the body corporate—

                  (i)         has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or

                  (ii)         is or has been the director of another body corporate that has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or

            (c)         on any ground prescribed by regulation.

        (5)         For the purposes of subsection (4), any Act including an Act that has been repealed or an Act of a place other than this State may be declared by regulation to be a prescribed Act.