South Australian Current Regulations

ENERGY RESOURCES REGULATIONS 2013 - REG 32

32—Incident reports

        (1)         For the purposes of section 85 of the Act, the following are classified as reportable incidents:

            (a)         an escape of a regulated substance, a processed substance, a chemical or a fuel that affects an area that has not been specifically designed to contain such an escape;

            (b)         an incident identified as a reportable incident under the relevant statement of environmental objectives.

        (2)         An immediately reportable incident must be reported to the Minister—

            (a)         initially—

                  (i)         by telephone (using a number determined by the Minister for the purposes of this regulation); or

                  (ii)         by email (using an email address determined by the Minister for the purposes of this regulation); and

            (b)         by providing a written report on the incident within 3 months after the occurrence of the incident.

        (3)         The initial report of an immediately reportable incident must include the following information:

            (a)         the name and business address of the licensee;

            (b)         the name and telephone number of a person who can be contacted about the matter;

            (c)         the time and date of the occurrence of the incident;

            (d)         the place where the incident occurred (using GDA 2020 coordinates or distances from significant topographical features);

            (e)         in a case involving a spillage—the approximate quantity of the spillage;

            (f)         the approximate size of any area affected by the incident (if relevant);

            (g)         the nature and extent of any injury to a person and, if death has occurred, the cause and place of death;

            (h)         the steps that have been taken to control, minimise or address any damage to any area affected by the incident.

        (4)         A comprehensive report of an immediately reportable incident must be made in a manner and form determined by the Minister and include the following information:

            (a)         the results of any assessment or investigation of the conditions or circumstances that caused or contributed to the occurrence of the incident, including an assessment of the effectiveness of the design, procedures and management systems that were in place to prevent the incident occurring;

            (b)         the nature and extent of any damage to the environment that occurred as a result of the incident;

            (c)         the steps that have been taken, or are proposed to be taken, to clean up and rehabilitate any area affected by the incident;

            (d)         the steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.

        (5)         Reportable incidents are to be reported on a quarterly basis within 1 month after the end of each quarter.

        (6)         A report on reportable incidents must be made in a manner and form determined by the Minister and include the following information in relation to each incident to which the report relates:

            (a)         the time and date of the occurrence of the incident and the time and date of detection;

            (b)         the place where the incident occurred (using appropriate co-ordinates or distances from significant topographical features);

            (c)         in the case of a spillage—the approximate quantity of the spillage;

            (d)         the approximate size of any area affected by the incident (if relevant);

            (e)         the cause of the incident, including an assessment of the effectiveness of the design, procedures and management systems that were in place to prevent the incident occurring;

            (f)         the steps that have been taken, or are proposed to be taken, to clean up and rehabilitate any area affected by the incident;

            (g)         the steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.

        (7)         A report under subregulation (4) or (6) must be signed by a person (being either the licensee or a person authorised by the licensee) who has taken reasonable steps to review the report to ensure the accuracy of the information contained in the report.

        (8)         Subject to subregulation (9), a copy of the report under subregulation (4) or (6) may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this regulation).

        (9)         The Minister may, before giving an approval under subregulation (8), take steps to ensure that commercially sensitive information is not publicly disclosed.

        (10)         An appropriate note relating to the availability of a report under subregulation (8) must be included in the environmental register.