South Australian Numbered Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 (NO 109 OF 2023) - REG 49

49—Causing site contamination (section 103D)

        (1)         Subject to this regulation, the commencement or revival of a particular use of a site is a prescribed change of use for the purposes of section 103D(2) of the Act if—

            (a)         the use supersedes a previous use of the site; or

            (b)         the commencement of the use or the revival of the use follows upon a period of non-use; or

            (c)         the use is additional to a previously established use of the site which continues despite the commencement of the new use.

        (2)         The revival of a use of a site after a period of discontinuance will be regarded as the continuation of an existing use unless—

            (a)         the period intervening between the discontinuance and revival of the use exceeds two years; or

            (b)         during the whole or a part of the period intervening between its discontinuance and revival, the use was superseded by some other use.