South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 27

27—Nature and contents of environment protection policies

        (1)         Environment protection policies may be made as contemplated by this Act or for any purpose directed towards securing the objects of this Act.

        (2)         An environment protection policy may do one or more of the following according to its terms:

            (a)         set out matters to be taken into account by the Authority—

                  (i)         in determining matters required to be determined by the Authority under Part 6 in relation to environmental authorisations or applications for environmental authorisations;

                  (ii)         in determining matters required to be determined by the Authority under Part 6 in relation to applications for development authorisations referred to the Authority under the Planning, Development and Infrastructure Act 2016 ;

            (b)         set out matters to be taken into account by the Authority or another administering agency in determining any specified matters required to be determined by the Authority or another administering agency for the purposes of this Act;

            (c)         set out requirements, standards, goals and guidelines;

            (d)         specify that certain requirements or standards ("mandatory provisions ) are to be enforceable under Division 2.

        (3)         Where an environment protection policy contains a mandatory provision, the policy—

            (a)         must declare whether contravention of the mandatory provision will be a category A, B, C, D or E offence for the purposes of Division 2; and

            (b)         may contain provisions that—

                  (i)         prevent the granting of an exemption under Part 6 from compliance with the mandatory provision; or

                  (ii)         specify the circumstances in which such an exemption may be granted or the conditions that must be attached to it, or both.

        (4)         The provisions of an environment protection policy may—

            (a)         be of general application or limited application;

            (b)         make different provisions according to the matters or circumstances to which they are expressed to apply;

            (c)         refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a body specified in the policy, as in force from time to time or as in force at a specified time;

            (d)         provide that a matter or thing is to be determined according to the discretion of the Authority, another administering agency, an authorised officer or a prescribed person or body.

        (5)         If an environment protection policy refers to a code, standard or other document, the code, standard or other document has effect as if it formed part of the policy.

        (6)         Copies of each environment protection policy and of each code, standard or other document referred to in an environment protection policy must be kept available for inspection by the public, without charge and during ordinary office hours, at an office or offices specified in the regulations.

        (7)         In any legal proceedings, evidence of the contents of an environment protection policy or of a code, standard or other document referred to in an environment protection policy may be given by production of a document certified by the Authority as a true copy of the policy, code, standard or other document.