South Australian Numbered Acts South Australian Numbered ActsAfter Part 6 insert:
Part 6A—Sustainability licence endorsements
57A—Requirement for endorsement of licence
A person must not represent that a licence is a sustainability licence, or permit another person to do so, unless the licence is endorsed under this Part as a sustainability licence.
Maximum penalty: Division 2 fine.
57B—Applications for endorsements
(1) An application for an endorsement of a licence as a sustainability licence must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed application fee.
(2) An application for an endorsement may be combined with an application for a licence or renewal of a licence.
(3) If the Authority requires further information to determine the application, the Authority may, by written notice served on the applicant no later than 2 months after the application is made, require the applicant to furnish further specified information in writing.
(4) If further information is required in respect of an application, the application is to be taken not to have been duly made until the information is furnished as required by the Authority.
(5) If the Authority refuses an application for an endorsement, it must give the applicant written notice of the refusal and the reasons for the refusal.
57C—Endorsement of licences
(1) The Authority may endorse a licence as a sustainability licence if—
(a) the holder of the licence has made due application for the endorsement; and
(b) the holder of the licence has undertaken—
(i) to implement, within a period agreed with the Authority, specific and substantial measures agreed with the Authority designed, in connection with the activities authorised by the licence—
(A) to protect, restore or enhance the environment beyond standards required by or under this Act; and
(B) to facilitate consultation with the community and deal with complaints; and
(ii) to facilitate auditing of the implementation of the measures in accordance with an auditing programme agreed with the Authority; and
(iii) to review and renegotiate the measures and auditing programme in good faith from time to time in accordance with a review programme agreed with the Authority; and
(iv) to implement the measures, and facilitate auditing of implementation of the measures, as renegotiated following review; and
(c) the holder of the licence has paid the sustainability endorsement fee prescribed or determined under the regulations; and
(d) any other requirements prescribed by the regulations have been complied with.
(2) The Authority may, in conjunction with endorsing a licence as a sustainability licence, undertake to provide support to the holder of the licence to facilitate implementation, and auditing of implementation, of the measures forming the basis of the endorsement.
(3) An undertaking made under this section is not enforceable.
57D—Term and renewal of endorsements
(1) Subject to this Act, the term of an endorsement of a licence as a sustainability licence is co-extensive with the term of the licence, and the endorsement is renewed for a further term on each renewal of the licence.
(2) An application for the renewal of a licence endorsed as a sustainability licence must include information relating to the measures implemented for the purposes of the endorsement as required by the Authority by written notice to the applicant.
(3) If the holder of a licence fails to include the required information in an application for renewal of the licence, the application will be taken not to have been duly made until the information is furnished as required by the Authority.
57E—Annual fees and returns
(1) If an annual authorisation fee is payable in respect of a licence endorsed as a sustainability licence, the amount prescribed or determined under the regulations as the annual sustainability endorsement fee is to be added to the annual authorisation fee and, for the purposes of this Act, the amount will be taken to form part of the annual authorisation fee payable by the licensee.
(2) An annual return lodged in respect of a licence endorsed as a sustainability licence must include information relating to the measures implemented for the purposes of the endorsement as required by the Authority by written notice to the holder of the licence.
(3) If the holder of a licence fails to include the required information in an annual return, the Authority may, by written notice, require the holder to make good the default.
(4) If the holder of a licence fails to make good the default within the period allowed by the Authority (being not less than 14 days after the day on which the notice is given to the holder), the Authority may, by written notice, revoke the endorsement of the licence as a sustainability licence.
(5) In this section, a reference to an endorsement of a licence as a sustainability licence includes a reference to such an endorsement that has been suspended by reason of the licence being suspended.
57F—Transfer of endorsements
(1) An endorsement may, with the approval of the Authority, be transferred simultaneously with the transfer of a licence.
(2) The Authority must decide whether or not to grant approval for the transfer of an endorsement on the same basis as would apply if the transferee were an applicant for an endorsement.
57G—Suspension or revocation of endorsements
(1) The Authority may, by written notice to the holder of a licence endorsed as a sustainability licence, revoke the endorsement—
(a) if the holder of the licence acts contrary to an undertaking forming the basis of the endorsement; or
(b) if the Authority is unable to reach agreement with the holder on the renegotiation of the measures or auditing programme; or
(c) on other grounds prescribed by the regulations.
(2) Before the Authority revokes an endorsement under subsection (1), the Authority must—
(a) give the holder of the licence written notice of its proposed action specifying reasons for the proposed action; and
(b) allow the holder of the licence at least 14 days within which to make submissions to the Authority in relation to the proposed action.
(3) The Authority must revoke an endorsement of a licence as a sustainability licence at the written request of the holder of the licence.
(4) If a licence endorsed as a sustainability licence is suspended, the endorsement is suspended for the period of the suspension of the licence.
(5) If a licence endorsed as a sustainability licence is cancelled or surrendered, the endorsement is revoked.