South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 135

135—Recovery of administrative and technical costs associated with contraventions

        (1)         Where a person has contravened this Act and the Authority or another administering agency—

            (a)         has taken action to—

                  (i)         investigate the contravention; or

                  (ii)         issue an order under Part 10 in respect of the contravention; or

                  (iii)         ensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act; or

            (b)         has, in taking such action, incurred costs and expenses in taking samples or in conducting tests, examinations or analyses,

the Authority or other administering agency may, by notice in writing served on the person, require the person to pay to the Authority or other administering agency—

            (c)         in respect of action to investigate the contravention or to issue an order under Part 10 in respect of the contravention—a fee fixed by, or calculated in accordance with, the regulations; or

            (d)         in respect of action to ensure that the person has complied with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act—the reasonable costs and expenses incurred by the Authority or other administering agency in taking that action; or

            (e)         in respect of costs and expenses incurred in taking samples or in conducting tests, examinations or analyses—the reasonable costs and expenses so incurred by the Authority or other administering agency.

        (2)         Subject to subsection (3), an amount payable to the Authority or another administering agency in accordance with a notice under this section must be paid within the period specified in the notice.

        (3)         On application by a person who has been served a notice under this section, the Authority or other administering agency that served the notice may, by notice in writing—

            (a)         extend the time for payment of an amount payable in accordance with the notice; or

            (b)         waive payment of such an amount or reduce the amount payable.

        (4)         A person who fails to pay an amount payable to the Authority or another administering agency in accordance with this section is guilty of an offence.

Maximum penalty: $1 000.

Expiation fee: $500.

        (5)         If a notice is issued under this section in respect of a contravention and—

            (a)         the contravention is the subject of an appeal; or

            (b)         the notice requires payment of an amount in respect of the issue of an order under Part 10 and the order is the subject of an appeal,

the notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the contravention was committed or that the order was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined).

        (6)         A notice served on the holder of an environmental authorisation under this section in respect of a contravention of a condition of the authorisation—

            (a)         must not require the payment of a fee in respect of action taken, or costs and expenses incurred, in investigating the contravention unless the contravention has been established, or is taken to have been established, against the holder of the authorisation; but

            (b)         may require—

                  (i)         the payment of a fee in respect of the issue of an order under Part 10 in respect of the contravention; or

                  (ii)         the payment of reasonable costs and expenses incurred—

                        (A)         in taking action to ensure compliance with requirements imposed in relation to the contravention by an order under Part 10 or by an order of a court under this Act; or

                        (B)         in taking samples or in conducting tests, examinations or analyses in the course of taking such action,

whether or not the contravention has been established, or is taken to have been established, against the holder of the authorisation.

        (7)         For the purposes of subsection (6), a contravention of a condition of an environmental authorisation has been established, or is taken to have been established, against the holder of the authorisation if—

            (a)         a court, in criminal proceedings or in proceedings under section 104A, has found that the holder of the authorisation committed the contravention; or

            (b)         the holder of the authorisation, by negotiation with the Authority under section 104A, has agreed to pay a civil penalty in respect of the contravention.

        (8)         If an amount payable to the Authority or another administering agency is not paid in accordance with this section, the amount may be recovered as a debt by the Authority or other administering agency.