South Australian Numbered Acts

ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 38

38—Insertion of sections 54A and 54B

After section 54 insert:

54A—Conditions requiring training of employees etc

The Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to provide such information, instruction, training and supervision as is reasonably necessary to ensure that employees and agents of the holder of the authorisation and any other persons involved in carrying out the activity undertaken pursuant to the authorisation understand, and are able to comply with, any requirements imposed by or under this Act (including any conditions of the authorisation).

54B—Conditions requiring certificate of compliance

        (1)         The Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to supply to the Authority certificates of compliance that include any of the following information:

            (a)         the extent to which the conditions of the authorisation have or have not been complied with;

            (b)         particulars of any failure to comply with the conditions and the reasons for such failure;

            (c)         any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure.

        (2)         A certificate of compliance must, if required by the Authority, be certified as correct by a person approved by the Authority.

        (3)         It is not an excuse for a person to refuse or fail to provide information required to be included in a certificate of compliance on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

        (4)         If compliance by a person with a requirement to include information in a certificate of compliance might tend to incriminate the person or make the person liable to a penalty, then the information included in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).