South Australian Numbered Acts

ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 46

46—Amendment of section 93—Environment protection orders

        (1)         Section 93(1)—after "Authority" insert:

or another administering agency

        (2)         Section 93(2)(c)(i)—after "Authority" insert:

or other administering agency

        (3)         Section 93(2)(c)(iii)—after "period" insert:

or at specified times or in specified circumstances

        (4)         Section 93(2)(c)—after subparagraph (iii) insert:

                  (iv)         a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the Authority or other administering agency, a plan of action to prevent, minimise or control pollution or waste;

                  (v)         a requirement that the person comply with such a plan of action to the satisfaction of the Authority or other administering agency;

                  (vi)         a requirement that the person undertake specified tests or environmental monitoring;

                  (vii)         a requirement that the person furnish to the Authority or other administering agency specified test, monitoring or compliance reports;

                  (viii)         a requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or undertake tests or monitoring required by the order;

        (5)         Section 93—after subsection (2) insert:

        (2aa)         Despite any other provisions of this section, an environment protection policy may make provision as to the circumstances in which an environment protection order may be issued or as to the requirements or contents of an order.

        (6)         Section 93(2a)—after "Authority" insert:

or other administering agency

        (7)         Section 93(5)—after "Authority" insert:

or another administering agency

        (8)         Section 93(6)—after "Authority" insert:

 , another administering agency

        (9)         Section 93(6)—delete "criminal liability" and substitute:

liability to a penalty

        (10)         Section 93(7)—delete subsection (7) and substitute:

        (7)         Where an environment protection order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order.

        (11)         Section 93(8), penalty provision—delete the penalty provision and substitute:

Penalty:

            (a)         If the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and a penalty is fixed by this Act for contravention of that requirement—that penalty;

            (b)         If the order was issued in relation to a domestic activity for the purpose of securing compliance with the general environmental duty—Division 9 fine;

            (c)         If the order was issued in relation to a domestic activity in circumstances specified in an environment protection policy or for the purpose of giving effect to an environment protection policy—Division 9 fine;

            (d)         In any other case—Division 6 fine.

Expiation fee:

            (a)         If the order was issued for the purpose of securing compliance with a requirement imposed by or under this Act and an expiation fee is fixed by this Act for contravention of that requirement—that expiation fee;

            (b)         If the order was issued in relation to a domestic activity for the purpose of securing compliance with the general environmental duty—Division 9 fee;

            (c)         If the order was issued in relation to a domestic activity in circumstances specified in an environment protection policy or for the purpose of giving effect to an environment protection policy—Division 9 fee;

            (d)         In any other case—Division 6 fee.

        (12)         Section 93—after subsection (8) insert:

        (8a)         It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by an environment protection order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

        (8b)         If compliance by a prescribed person with a requirement to provide information imposed by an environment protection order might tend to incriminate the person or make the person liable to a penalty, then the information provided 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).