South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 109

109—Public register

        (1)         The Authority must keep a register in accordance with this section.

        (2)         The register is to be in a form determined by the Authority.

        (3)         The Authority must record in the register the following:

            (aa)         details of any exemptions granted by the Authority under section 36(2);

            (a)         such information as the Authority considers appropriate relating to each application for an environmental authorisation, each application for development authorisation referred to the Authority under the Planning, Development and Infrastructure Act 2016 and each application for approval of a transfer of an environmental authorisation;

            (b)         each determination of the Authority made in respect of an application referred to in paragraph (a);

            (c)         the name and address of each person holding an environmental authorisation and each person granted a development authorisation on an application referred to the Authority under the Planning, Development and Infrastructure Act 2016 ;

            (d)         the locations at which activities are or are proposed to be undertaken pursuant to environmental authorisations or pursuant to development authorisations referred to the Authority under the Planning, Development and Infrastructure Act 2016 ;

            (e)         the conditions of each environmental authorisation and the conditions of each development authorisation imposed at the direction of the Authority;

            (f)         details of any suspension, cancellation or surrender of an environmental authorisation or any disqualification imposed in relation to an environmental authorisation;

            (fa)         details of endorsements of licences under Part 6A as sustainability licences and applications for such endorsements;

            (g)         details of beverage container approvals and applications for beverage container approvals;

            (h)         details of serious or material environmental harm caused or threatened in the course of an activity that come to the notice of the Authority;

                  (i)         details of site contamination notified to the Authority under section 83A;

            (ia)         details of any environment protection order, clean-up order, clean-up authorisation, site contamination assessment order or site remediation order issued under this Act and of—

                  (i)         any action taken by the person to whom the order was issued or by the Authority or another administering agency in consequence of the order; and

                  (ii)         any report provided by the person to whom the order was issued in consequence of the order;

            (ib)         details of each agreement for the exclusion or limitation of liability for site contamination to which section 103E applies;

            (ic)         details of each agreement entered into with the Authority relating to—

                  (i)         an approved voluntary site contamination assessment proposal under section 103I; or

                  (ii)         an approved voluntary site remediation proposal under section 103K;

            (id)         details of the circumstances giving rise to—

                  (i)         declarations of special management areas under section 103N; or

                  (ii)         prohibitions or restrictions on taking water under section 103S;

            (ie)         details of each notification relating to the commencement or the termination before completion of a site contamination audit under section 103Z;

            (if)         each site contamination audit report submitted to the Authority under section 103Z;

            (j)         details of prosecutions and other enforcement action under this Act;

            (k)         details of civil proceedings before the Environment, Resources and Development Court under this Act;

            (ka)         the following details of the recovery by the Authority, by negotiation, of an amount as a civil penalty in respect of an alleged contravention of this Act:

                  (i)         the name of the person from whom the amount was recovered;

                  (ii)         particulars of the alleged contravention;

                  (iii)         the amount recovered;

            (l)         such other information as is prescribed.

        (3a)         If an administering agency other than the Authority takes any action the details of which are required to be recorded in the register, the administering agency must ensure that those details are provided to the Authority as soon as practicable but, in any event, within three months after taking the action.

        (4)         The Authority must ensure that information required to be recorded in the register is recorded in the register as soon as practicable, but, in any event, within three months, after the information becomes available to the Authority.

        (5)         The register must be kept available for inspection, on payment of the prescribed fee, by members of the public during ordinary office hours at the principal office of the Authority.

        (6)         A member of the public may, on payment of the prescribed fee, obtain a copy of any part of the register.

        (7)         The Governor may, by regulation, provide for the removal by the Authority of information recorded in the register under this section.