South Australian Numbered Acts

ENVIRONMENT PROTECTION (WASTE REFORM) AMENDMENT ACT 2017 (NO 45 OF 2017) - SECT 28

28—Amendment of section 93—Environment protection orders

Section 93—after subsection (8) insert:

        (8aa)         If—

            (a)         in the case of an offence under subsection (8) of failing to comply with an environment protection order imposing a requirement for the purpose of securing compliance with a condition of an environmental authorisation—the alleged offender has expiated the offence; and

            (b)         the act or omission the subject of the requirement continues after that expiation,

a continuing default penalty is payable by the person for each day on which the act or omission continues of an amount equal to one-fifth of the expiation fee applying in respect of the offence.

        (8ab)         For the purposes of the continuing default penalty under subsection (8aa)

, an obligation to do something is to be regarded as continuing regardless of the fact that any period within which, or time before which, the act is required to be done has expired or passed.

        (8ac)         A continuing default penalty under this section is recoverable by the Authority as a debt due to the Authority.