South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 3—Interpretation
(1)
Section 3(1)—after the definition of "appointed member insert:
"appropriate person", in relation to the issuing of a site contamination
assessment order or site remediation order, means the person who is the
appropriate person under Part 10A to be issued with the order;
(2)
Section 3(1)—after the definition of "the Authority" insert:
"background concentrations", in relation to chemical substances on a site or
below its surface, means results obtained from carrying out assessments of the
presence of the substances in the vicinity of the site in accordance with
guidelines from time to time issued by the Authority;
(3)
Section 3(1)—after the definition of "business" insert:
"cause" site contamination—see section 103D ;
"chemical substance" means any organic or inorganic substance, whether a
solid, liquid or gas (or combination thereof), and includes waste;
(4)
Section 3(1)—after the definition of "the general environmental duty
insert:
"holding company" has the same meaning as in the Corporations Act 2001 of
the Commonwealth;
(5)
Section 3(1)—after the definition of "land" insert:
"liability" for site contamination means—
(a)
liability to be issued with an order under Part 10A in respect of the site
contamination; or
(b)
liability to pay an amount ordered by the Court under Part 11 in respect of
the site contamination;
(6)
Section 3(1)—after the definition of "related body corporate insert:
"remediate" a site means treat, contain, remove or manage chemical substances
on or below the surface of the site so as to—
(a)
eliminate or prevent actual or potential harm to the health or safety of human
beings that is not trivial, taking into account current or proposed land uses;
and
(b)
eliminate or prevent, as far as reasonably practicable—
(i)
actual or potential harm to water that is not trivial;
and
(ii)
any other actual or potential environmental harm that is
not trivial, taking into account current or proposed land uses,
and "remediation" has a corresponding meaning;
(7)
Section 3(1)—after the definition of "sell" insert:
"sensitive use" means—
(a) use
for residential purposes; or
(b) use
for a pre-school within the meaning of the Development Regulations 1993
; or
(c) use
for a primary school; or
(d) use
of a kind prescribed by regulation;
(8)
Section 3(1)—after the definition of "serious environmental harm insert:
"site" means an area of land (whether or not in the same ownership or
occupation);
"site contamination"—see section 5B;
"site contamination assessment order" means a site contamination assessment
order under Part 10A;
"site contamination audit" means a review carried out by a person that—
(a)
examines assessments or remediation carried out by another person in respect
of known or suspected site contamination on or below the surface of a site;
and
(b) is
for the purpose of determining any 1 or more of the following matters:
(i)
the nature and extent of any site contamination present
or remaining on or below the surface of the site;
(ii)
the suitability of the site for a sensitive use or
another use or range of uses;
(iii)
what remediation is or remains necessary for a specified
use or range of uses;
"site contamination auditor" means a person accredited under Division 4
of Part 10A as a site contamination auditor;
"site contamination audit report", in relation to a site contamination audit,
means a detailed written report that—
(a) sets
out the findings of the audit and complies with the guidelines from time to
time issued by the Authority; and
(b)
includes a summary of the findings of the audit certified, in the prescribed
form, by the site contamination auditor who personally carried out or directly
supervised the audit;
"site contamination audit statement", in relation to a site contamination
audit, means a copy (that must comply with the regulations) of the summary of
the findings of the audit certified, in the prescribed form, by the site
contamination auditor who personally carried out or directly supervised the
audit;
"site contamination consultant" means a person other than a site contamination
auditor who, for fee or reward, assesses the existence or nature or extent of
site contamination;
"site remediation order" means a site remediation order under Part 10A;
(9) Section 3(1),
definition of "water"—delete the definition and substitute:
"water" means—
(a)
water occurring naturally above or under the ground; or
(b)
water introduced to an aquifer or other area under the ground; or
(c) an
artificially created body of water or stream that is for public use or
enjoyment;