Background
The Environment Protection
(Miscellaneous) Amendment Act 2005 (217KB)
was assented to on 9 June 2005, representing a significant strengthening
of the Environment Protection Act 1993. Most of the amendments
to the Act came into operation on 1 July 2005, while implementation
of the remaining provisions were delayed until 1 July 2006.
The Amendment Act implements recommendations from reviews by
the former government and the Environment, Resources and Development
Committee of Parliament into the adequacy of environment protection
in this state. The amendments fulfill the government's election
commitment to introduce a system of civil penalties for less serious
offences under the Act. Changes also include establishing a system
to clarify local government involvement in the administration
of environment protection legislation.
The Amendment Act offers opportunities for more effective administration
of the Act and provides the EPA with a wider range of tools, which
will lead to better environment protection.
Civil penalties
The new civil penalty section of the Act, introduced on 1 July
2006, provides South Australia with an efficient system to deal
with less serious environmental offences (see new section 104A).
The changes will allow the EPA to negotiate a civil penalty,
or apply to the Environment, Resources and Development Court for
an order directing a person to pay an amount to the EPA as a civil
penalty. If the EPA seeks to apply to the Court for a civil penalty,
the person may choose to be prosecuted rather than be heard in
the civil jurisdiction of the Court.
South Australia is the first of the Australian States or Territories
to adopt the negotiated civil penalty tool for environment protection.
The EPA has developed a policy to guide penalty negotiations
entitled the civil penalty calculations
policy (1.6MB PDF). The civil penalties
calculations policy has been developed to provide a structure
for the EPA to calculate appropriate levels of monetary penalty
through the negotiation process.
Offences
Amendments to several offences under the Act were passed to strengthen
the power of the EPA, and administering agencies such as local
councils, to protect the environment.
The offence of environmental nuisance has been changed to include
a strict liability offence. This amendment, introduced on 1 July
2006, brings the level of proof required for environmental nuisance
in line with the hierarchy of more serious environmental offences
in the Act (see amendment to section 82).
The protection against self-incrimination for corporations that
operate licensed activities is limited for most purposes in the
Act. Information sought by and provided to the EPA from a licensed
corporation may be admissible in evidence during proceedings for
an offence under the Act. However, evidence obtained from an accredited
licence under the Act remains protected (see new definition of
prescribed person in section 3 and other references in the Amendment
Act to 'prescribed person').
Ceased 'activities of environmental significance'
The amendment allows the EPA to continue controlling and supervising
sites of environmental concern, even though the activities which
require a licence are no longer taking place on that site (see
amendment to section 43(6) and new section 93A).
Environment protection policies
Consistent with the recommendations from the Environment, Resources
and Development Committee Parliamentary review, changes have been
made to the process of making environment protection policies
to streamline the process. (see amendment to section 28).
Administering agencies
A new division of the Act, 1A-Part 3, clarifies the role of local
councils in administering the Act, providing better service to
the community. Local councils will be able to volunteer as 'administering
agencies' and enforce the Act for non-licensed activities (see
new sections 18A, 18B, 18C and 18D). This legislative system has
been developed as a result of an 18-month trial in 2001-2002 on
sharing of EPA environmental responsibilities with the Adelaide
City Council, Adelaide Hills Council and City of Port Adelaide
Enfield.
New cost recovery tools are included in the Act to financially
support councils who volunteer to become administering agencies
(see amendment to section 135). The EPA developed a support package
for councils who become administering agencies to provide them
with:
- technical support
- advice in using compliance and enforcement measures of the
Act
- administrative tools
- training and awareness
- information technology support and equipment.
Environmental authorisations
The Amendment Act includes a variety of changes to improve the
efficiency and administration of environmental authorisations.
The EPA is now able to issue licences for longer periods, while
still being able to annually vary licence conditions concerning
testing, monitoring and auditing (see amendment to section 45(3)).
The EPA has broader powers to specify conditions of licence relating
to the training and instruction of employees and agents, and requiring
licensees to provide certificates of compliance (see new sections
54A and 54B). This will assist industry in minimising the risk
of causing an offence under the Act.
Increased community consultation has been implemented from 1
July 2006, for the issuing of new environmental authorisations
and for the relaxation of conditions required by authorisations
(see amendment to sections 39 and 46).
The EPA is also able to require as a condition of licence that
a licensee undertake public consultation when developing an environment
improvement program (see amendment to section 54).
Miscellaneous
The Amendment Act contains a range of minor operational and technical
changes to increase the EPA Board's efficiency (see amendment
to sections 15 and 16).
For more information about the Amendment Act please e-mail the
EPA at epainfo@epa.sa.gov.au.
This page was last modified 22-01-2008
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