6—Insertion of sections 14 to 19
After section 13 insert:
14—Interpretation
In this section and any of the following sections—
"development" has the same meaning as in the Development Act 1993 ;
"draft environment protection policy" has the same meaning as in Part 5
Division 1 of the Environment Protection Act 1993 ;
"environmental authorisation" means a document consisting of 1
or more of the following ("forms of authorisation"):
(a) a
licence within the meaning of the Environment Protection Act 1993 ;
(b) a
works approval within the meaning of the Environment Protection Act 1993
;
(c) an
exemption within the meaning of the Environment Protection Act 1993 ;
"environmental exemption" means an exemption within the meaning of the
Environment Protection Act 1993 ;
"relevant Company development" means a development of the Company at, or
associated with, relevant Company works or facilities;
"relevant Company operations" means operations of the Company at, or
associated with, relevant Company works or facilities;
"relevant Company works or facilities" means—
(a) the
Company's steel works at Whyalla, including its associated rolling
mills and other works at Whyalla (the "steel works"); or
(b) the
Company's mining works that produce materials for use in the steel
works and for export (the "mining works"); or
(c) the
Company's transport, storage or trans-shipping facilities associated with the
Company's operations at the steel works or mining works.
15—Company granted environmental authorisation under
Environment Protection Act 1993
(1) For the purposes
of any Act or law, the document set out in Schedule 3 (and if it is varied
under this section, the document as so varied) will be taken to be an
environmental authorisation granted to the Company under Part 6 of the
Environment Protection Act 1993 .
(2) The Minister may
vary the environmental authorisation, by written notice to the Company,
including (without limitation)—
(a) by
adding a further form of authorisation;
(b) by
extending the operations or places to which the environmental authorisation
relates.
(3) A variation of the
environmental authorisation—
(a) must
relate to relevant Company operations or developments, or proposed relevant
Company operations or developments; and
(b) may
only be made after consultation between the Minister and the Company.
(4) The Environment
Protection Authority may not vary the environmental authorisation.
(5) If the
environmental authorisation is varied, the Minister must cause a copy of the
variation and the environmental authorisation as varied to be laid before both
Houses of Parliament.
(6) The following
provisions of the Environment Protection Act 1993 do not apply to the
environmental authorisation:
section 43
section 45(1) to (4) (inclusive)
section 49
section 55
section 106(1)(a) and (c).
(7) The environmental
authorisation expires on the 10th anniversary of the date of commencement of
this section.
(8) It is the
intention of Parliament that the State will not initiate any legislative
amendment of the environmental authorisation without first engaging in
consultations with the Company.
(9) In any
proceedings, an apparently genuine document purporting to set out the contents
of the environmental authorisation as in force between specified dates, and to
be certified as such by the Minister, will be accepted as proof of the
contents of the environmental authorisation as in force between those dates,
in the absence of proof to the contrary.
16—Revocation of other environmental authorisations
(1) The Minister may,
by written notice to the Environment Protection Authority and the Company,
revoke an environmental authorisation that—
(a) has
been granted to the Company by the Environment Protection Authority; and
(b)
relates to relevant Company operations or developments, or proposed relevant
Company operations or developments.
(2) An environmental
authorisation may only be revoked by the Minister under this section after
consultation between the Minister and the Company.
17—Period of operation of environmental exemptions
(1) Despite the
provisions of the Environment Protection Act 1993 , an environmental
exemption may be granted or renewed by the Environment Protection Authority in
relation to relevant Company operations or developments, or proposed relevant
Company operations or developments, for such period as the Authority thinks
fit.
(2) Despite the
provisions of the Environment Protection Act 1993 , an environmental
exemption that forms part of the environmental authorisation as in force from
time to time under section 15 may operate for such period as is specified
in the environmental authorisation.
18—Minister to perform functions under Development Act 1993
(1) In the application
of the Development Act 1993 to a proposed relevant Company development, a
reference in the Development Act 1993 to the Environment Protection
Authority is to be read as a reference to the Minister.
(2) In the performance
of a function that the Minister has under the Development Act 1993 by
virtue of the operation of this section, the Minister must—
(a)
consult with the Company; and
(b) take
into account section 15 and the purpose and effect of the environmental
authorisation, as in force from time to time, under that section; and
(c) not
derogate from the environmental authorisation.
(3) The Minister may
delegate a function that the Minister has under the Development Act 1993
by virtue of the operation of this section to another Minister.
(4) A delegation under
this section—
(a) may
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the Minister to act in any matter; and
(d) is
revocable at will.
19—Making of environment protection policies that affect Company
operations or developments
(1) This section
applies to a draft environment protection policy that would, if approved by
the Minister under section 28(11) of the Environment Protection Act 1993
, affect relevant Company operations or developments, or proposed relevant
Company operations or developments.
(2) In the exercise of
the Minister's discretion under section 28(11) of the
Environment Protection Act 1993 in relation to a draft environment
protection policy to which this section applies, the Minister must—
(a)
consult with the Company; and
(b) take
into account section 15 and the purpose and effect of the environmental
authorisation, as in force from time to time, under that section; and
(c) not
derogate from the environmental authorisation.
(3) In this
section—
"the Minister" means the Minister having the administration of the
Environment Protection Act 1993 .