South Australian Numbered Acts South Australian Numbered ActsAfter section 5A insert:
5B—Site contamination
(1) For the purposes
of this Act, "site contamination" exists at a site if—
(a)
chemical substances are present on or below the surface of the site in
concentrations above the background concentrations (if any); and
(b) the
chemical substances have, at least in part, come to be present there as a
result of an activity at the site or elsewhere; and
(c) the
presence of the chemical substances in those concentrations has resulted
in—
(i)
actual or potential harm to the health or safety of human
beings that is not trivial, taking into account current or proposed land uses;
or
(ii)
actual or potential harm to water that is not trivial; or
(iii)
other actual or potential environmental harm that is not
trivial, taking into account current or proposed land uses.
(2) For the purposes
of this Act, environmental harm is caused by the presence of chemical
substances—
(a)
whether the harm is a direct or indirect result of the presence of the
chemical substances; and
(b)
whether the harm results from the presence of the chemical substances alone or
the combined effects of the presence of the chemical substances and other
factors.
(3) For the purposes
of this Act, site contamination does not exist at a site if circumstances of a
kind prescribed by regulation apply to the site.