South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Interpretation

In this Schedule—

Minister means the Minister responsible for the administration of the principal Act;

principal Act means the Environment Protection Act 1993 .

2—Environment, Resources and Development Committee to conduct inquiry into administering agencies

The Environment, Resources and Development Committee of the Parliament must, not less than 2 years after the commencement of section 17, inquire into, consider and report on the role and functions of administering agencies (other than the Environment Protection Authority) under the principal Act as amended by this Act.

3—Amendment of environment protection policies by notice

        (1)         The Minister may, by notice in the Gazette, amend an environment protection policy—

            (a)         to substitute, for references in the policy to a "Category C offence", references to a "Category D offence"; or

            (b)         to add to the policy references to another "administering agency" so that they appear in the alternative to references to the "Authority".

        (2)         An amendment under subclause (1) comes into operation on the day fixed in the notice of the amendment.

4—Environment protection policies in force under section 28A

The following provisions apply in relation to an environment protection policy in operation immediately before the commencement of section 22 by virtue of section 28A(1) of the principal Act:

            (a)         on the commencement of section 22, the environment protection policy continues in operation as an environment protection policy made under the principal Act;

            (b)         after the commencement of section 22, the normal procedure for making environment protection policies does not apply in relation to a draft environment protection policy—

                  (i)         that revokes and replaces the environment protection policy if the Minister is satisfied that—

                        (A)         the draft environment protection policy covers the same subject matter as the policy it is revoking; and

                        (B)         the only substantive changes relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary or appropriate for the application of the policy in this jurisdiction; or

                  (ii)         that revokes the environment protection policy if the Minister is satisfied that an environment protection policy is not required for the implementation of the relevant national environment protection measure;

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



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback