South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 52

52—Conditions requiring tests, monitoring or audits

        (1)         Subject to this section, the Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to do either or both of the following:

            (a)         to carry out specified tests and environmental monitoring relating to the activity undertaken pursuant to the authorisation, or activities previously undertaken at the place to which the authorisation relates, and to make specified reports to the Authority on the results of such tests and monitoring;

            (b)         to comply with the requirements of an environmental audit and compliance programme to the satisfaction of the Authority.

        (2)         An environmental audit and compliance programme may contain requirements of the following kinds:

            (a)         requirements for a comprehensive evaluation of the performance of the holder of the authorisation in endeavouring to achieve compliance with this Act, including evaluation of the management practices, production processes and technical systems and equipment adopted or used by the holder of the authorisation;

            (b)         requirements as to the qualifications of the person undertaking the evaluation process;

            (c)         requirements as to reporting of the results of the evaluation process to the Authority;

            (d)         requirements as to implementation of changes to management practices, production processes, technical systems or equipment or other matters recommended by the person undertaking the evaluation process or otherwise determined by the Authority to be appropriate in light of the results of the evaluation process.

        (3)         The Authority may not impose conditions requiring the conduct of an environmental audit and compliance programme unless the Authority is satisfied—

            (a)         that the holder of the authorisation has on one or more occasions contravened this Act in relation to the activity undertaken pursuant to the authorisation; and

            (b)         that the imposition of the conditions is justified in view of the nature of the contravention, or the nature, number or frequency of the contraventions.