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BROKEN HILL PROPRIETARY COMPANY'S STEEL WORKS INDENTURE (ENVIRONMENTAL AUTHORISATION) AMENDMENT ACT 2005 (NO 48 OF 2005) - SECT 6

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 .



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