South Australian Numbered Regulations

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ENVIRONMENT PROTECTION REGULATIONS 2023 (NO 109 OF 2023) - REG 81

81—Verification of returns by stocktake

        (1)         The holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2)

must, if the licence holder is not required to undertake a survey under regulation 80

in a given financial year, cause a stocktake of waste and other matter at the depot to be carried out and the results provided to the Authority within the prescribed period for the licence that falls in the next financial year.

Maximum penalty: $4 000.

Expiation fee: $300.

        (2)         The Authority may, at any time in a financial year, by notice in writing to the holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2)

, require that the licence holder cause a stocktake of waste and other matter at the depot to be carried out, and the results provided to the Authority, at such intervals (which may not be less than on a monthly basis), or within the period or periods, specified by the notice.

        (3)         To avoid doubt, a stocktake (or stocktakes) carried out in accordance with subregulation (2)

may be in addition to a stocktake required under subregulation (1)

and may, if so specified in the notice, be required on an ongoing basis.

        (4)         The holder of a waste depot licence must comply with a notice under subregulation (2)

.

Maximum penalty: $4 000.

Expiation fee: $300.

        (5)         A stocktake under this regulation must—

            (a)         in relation to the month in which the stocktake is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the stocktake is conducted; and

            (b)         subject to this regulation, in the case of a stocktake under subregulation (1)

—be carried out in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard ; and

            (c)         subject to this regulation, in the case of a stocktake under subregulation (2)

—be carried out in accordance with any other requirements of, and contain any other information specified in, the notice (and if the notice so specifies, in accordance with the Waste Reporting, Record Keeping and Measurement Standard ); and

            (d)         be carried out by a person who holds the qualifications, or otherwise meets the requirements, specified in the Waste Reporting, Record Keeping and Measurement Standard .

        (6)         The holder of a waste depot licence must—

            (a)         ensure that the results of a stocktake under this regulation are kept for at least 5 years after the stocktake was carried out; and

            (b)         make the results available for inspection and copying by an authorised officer on request.

Maximum penalty: $4 000.

Expiation fee: $300.

        (7)         The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation.

        (8)         An exemption issued by the Authority under this regulation—

            (a)         must be by notice in writing; and

            (b)         may be subject to conditions; and

            (c)         may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions).

        (9)         In this regulation—

"prescribed period", in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence.



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