South Australian Numbered Regulations South Australian Numbered Regulations6—Insertion of regulations 11A to 11D
After regulation 11 insert:
11A—Accredited licences
(1) A licensee may
apply to the Authority to be accredited as an accredited licensee in respect
of a particular prescribed activity of environmental significance carried on
at premises occupied by the licensee.
(2) An application for
accreditation must be made in a manner and form approved by the Authority and
accompanied by any information required by the Authority.
(3) Subject to this
regulation, the Authority may grant accreditation if satisfied that—
(a) the
activity is being carried on at the premises to a high level of environmental
performance; and
(b) that
performance can be maintained for the duration of the licence period.
(4) In determining the
level of environmental performance for the purposes of subregulation (3), the
Authority may take into consideration the following:
(a) the
licensee's record of compliance with the Act and statutory instruments under
the Act;
(b)
whether the licensee has an environment improvement program in place in
respect of the activity;
(c) any
other matter it considers relevant.
(5) The Authority must
not grant accreditation unless satisfied that the licensee has in place in
respect of the activity the following:
(a) an
environment management system approved by the Authority;
(b) an
environmental audit and compliance program approved by the Authority.
(6) The Authority
must, within 14 days of granting an application for accreditation, publish a
notice in the Gazette specifying the name of the accredited licensee, the
premises at which the accredited activity is carried on and the nature of that
activity.
(7) An accreditation
may, with the approval of the Authority, be transferred simultaneously with
the transfer of a licence under section 49 of the Act.
11B—Performance reports
(1) An accredited
licensee must submit a performance report to the Authority within 60 days
after the end of each financial year or such further period as the Authority
may approve containing details of environmental performance at the premises at
which the accredited activity is carried on during the financial year.
(2) A performance
report must—
(a) be
prepared in a form approved by the Authority; and
(b)
contain information or details required by the Authority; and
(c) be
authorised by the licensee.
11C—Benefits of accreditation
An accredited licensee is entitled to—
(a) a 50
per cent reduction in the licence fee otherwise payable under Schedule 3 in
relation to the accredited activity (however, an accredited licensee may not
simultaneously claim a discount under regulation 11 in respect of the same
activity); and
(b) any
other variations to the licence conditions favourable to the licensee
considered appropriate by the Authority.
11D—Review of accreditation
(1) The Authority may,
at any time, review the accreditation of an accredited licensee.
(2) The Authority must
give the licensee notice of its intention to conduct a review under this
regulation.
(3) The Authority may
cancel an accreditation if of the opinion that—
(a) the
accredited activity is no longer being carried on at the premises to a high
level of environmental performance; or
(b) the
licensee has contravened the Act or a statutory instrument under the Act; or
(c) the
licensee no longer has in place or is implementing in respect of the
accredited activity—
(i)
an environment management system approved by the
Authority; or
(ii)
an environment improvement program approved by the
Authority;
(iii)
an environmental audit and compliance program approved by
the Authority.
(4) If a licensee's
accreditation is cancelled, the licensee must pay to the Authority an amount
equal to the licence fee reduction resulting from the accreditation multiplied
by the proportion that the number of days in the remainder of the current
licence period bears to the number of days in the licence period.