South Australian Numbered Acts

ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 23

23—Amendment of section 29—Simplified procedure for making certain policies

Section 29(1a) and (1b)—delete subsections (1a) and (1b) and substitute:

        (1a)         Where a national environment protection measure has been made, amended or revoked or has expired—

            (a)         the normal procedure for making environment protection policies under this Division does not apply in relation to—

                  (i)         a draft environment protection policy to implement the national environment protection measure or the amendment, revocation or expiry; or

                  (ii)         a draft environment protection policy that amends or revokes another environment protection policy as the Minister considers necessary or desirable in consequence of implementation of the national environment protection measure or the amendment, revocation or expiry; and

            (b)         the Minister may refer a draft policy referred to in paragraph (a) directly to the Governor.

        (1b)         For the purposes of subsection (1a), a draft environment protection policy will be taken to implement a national environment protection measure despite the fact that it includes provisions that are not included in or required by the measure if the Minister is satisfied that the provisions relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary for the application of the policy in this jurisdiction.