South Australian Numbered Acts South Australian Numbered Acts77—Substitution of section 135
Section 135—delete the section and substitute:
135—Recovery of administrative and technical costs associated with
contraventions
(1) Where a person has
contravened this Act and the Authority or another administering agency—
(a) has
taken action to—
(i)
investigate the contravention; or
(ii)
issue an order under Part 10 in respect of the
contravention; or
(iii)
ensure that the person has complied with requirements
imposed in relation to the contravention by an order under Part 10 or by an
order of a court under this Act; or
(b) has,
in taking such action, incurred costs and expenses in taking samples or in
conducting tests, examinations or analyses,
the Authority or other administering agency may, by notice in writing served
on the person, require the person to pay to the Authority or other
administering agency—
(c) in
respect of action to investigate the contravention or to issue an order under
Part 10 in respect of the contravention—a fee fixed by, or calculated in
accordance with, the regulations; or
(d) in
respect of action to ensure that the person has complied with requirements
imposed in relation to the contravention by an order under Part 10 or by an
order of a court under this Act—the reasonable costs and expenses
incurred by the Authority or other administering agency in taking that action;
or
(e) in
respect of costs and expenses incurred in taking samples or in conducting
tests, examinations or analyses—the reasonable costs and expenses so
incurred by the Authority or other administering agency.
(2) Subject to
subsection (3), an amount payable to the Authority or another
administering agency in accordance with a notice under this section must be
paid within the period specified in the notice.
(3) On application by
a person who has been served a notice under this section, the Authority or
other administering agency that served the notice may, by notice in
writing—
(a)
extend the time for payment of an amount payable in accordance with the
notice; or
(b)
waive payment of such an amount or reduce the amount payable.
(4) A person who fails
to pay an amount payable to the Authority or another administering agency in
accordance with this section is guilty of an offence.
Maximum penalty: Division 8 fine.
Expiation fee: $500.
(5) If a notice is
issued under this section in respect of a contravention and—
(a) the
contravention is the subject of an appeal; or
(b) the
notice requires payment of an amount in respect of the issue of an order under
Part 10 and the order is the subject of an appeal,
the notice is suspended until the appeal has been determined (but if the
court, on appeal, finds that the contravention was committed or that the order
was properly issued, as the case may be, the notice will have effect as if the
period for payment specified in the notice commenced on the day on which the
appeal was determined).
(6) A notice served on
the holder of an environmental authorisation under this section in respect of
a contravention of a condition of the authorisation—
(a) must
not require the payment of a fee in respect of action taken, or costs and
expenses incurred, in investigating the contravention unless the contravention
has been established, or is taken to have been established, against the holder
of the authorisation; but
(b) may
require—
(i)
the payment of a fee in respect of the issue of an order
under Part 10 in respect of the contravention; or
(ii)
the payment of reasonable costs and expenses
incurred—
(A) in taking action to ensure compliance
with requirements imposed in relation to the contravention by an order under
Part 10 or by an order of a court under this Act; or
(B) in taking samples or in conducting
tests, examinations or analyses in the course of taking such action,
whether or not the contravention has been established, or is taken to have
been established, against the holder of the authorisation.
(7) For the purposes
of subsection (6), a contravention of a condition of an environmental
authorisation has been established, or is taken to have been established,
against the holder of the authorisation if—
(a) a
court, in criminal proceedings or in proceedings under section 104A, has found
that the holder of the authorisation committed the contravention; or
(b) the
holder of the authorisation, by negotiation with the Authority under section
104A, has agreed to pay a civil penalty in respect of the contravention.
(8) If an amount
payable to the Authority or another administering agency is not paid in
accordance with this section, the amount may be recovered as a debt by
the Authority or other administering agency.