South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 29

29—Simplified procedure for making certain policies

        (1)         Where the Minister is satisfied that a draft environment protection policy refers to or incorporates without substantial modification the whole or part of a standard or other document prepared by a body prescribed for the purposes of this section—

            (a)         the normal procedure for making environment protection policies does not apply in relation to the draft policy; and

            (b)         the Minister may refer the draft policy directly to the Governor.

        (1a)         Where a national environment protection measure has been made, amended or revoked or has expired—

            (a)         the normal procedure for making environment protection policies under this Division does not apply in relation to—

                  (i)         a draft environment protection policy to implement the national environment protection measure or the amendment, revocation or expiry; or

                  (ii)         a draft environment protection policy that amends or revokes another environment protection policy as the Minister considers necessary or desirable in consequence of implementation of the national environment protection measure or the amendment, revocation or expiry; and

            (b)         the Minister may refer a draft policy referred to in paragraph (a) directly to the Governor.

        (1b)         For the purposes of subsection (1a), a draft environment protection policy will be taken to implement a national environment protection measure despite the fact that it includes provisions that are not included in or required by the measure if the Minister is satisfied that the provisions relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary for the application of the policy in this jurisdiction.

        (2)         The Governor may, on reference of a draft policy under this section, by notice in the Gazette—

            (a)         declare the draft to be an authorised environment protection policy under this Act; and

            (b)         fix a day on which it will come into operation.



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