Standards & laws
Air quality
State legislation
National legislation
Noise
- Local Nuisance & Litter Control Act 2016
- Development Act 1993
- Environment Protection Act 1993
- Environment Protection (Noise) Policy 2007
- Australian Standard AS 1055−1997 Acoustics – Description and measurement of environmental noise
- AS IEC 61672−2004 Electroacoustics – Sound level meters – Parts 1 and 2
Radiation
Radiation legislation administered by the EPA includes:
- Radiation Protection and Control Act 1982
- Radiation Protection and Control (Ionising Radiation) Regulations 2015
- Radiation Protection and Control (Transport of Radioactive Substances) Regulations 2003
- Radiation Protection and Control (Non-ionising Radiation) Regulations 2013
The Radiation Protection and Control Act 1982 is currently under review.
Site contamination
The Environment Protection Act 1993 was amended in 2007 in relation to site contamination to include provisions which assign responsibility for site contamination, establish a statutory audit system for South Australia and give the EPA powers to deal with site contamination.
This legislation forms part of a set of measures to ensure that site contamination is adequately managed in South Australia. These measures comprise:
- the Environment Protection Act 1993
- the Environment Protection Regulations 2009
- a series of supporting publications including codes of practice, guidelines and information sheets
- amendment to regulations under the Land and Business (Sale and Conveyancing) Act 1994.
Regulations
Regulations pertaining to site contamination are covered in Part 5 of the Environment Protection Regulations 2009. These regulations support the Environment Protection Act 1993 with provisions for the site contamination audit system and the listing of potentially contaminating activities.
The schedules to the regulations also provide the templates for use by auditors, such as notifications by auditors to the EPA when commencing or terminating an audit.
Waste & resource recovery
The EPA regulates the waste and resource recovery industry through the provisions of the Environment Protection Act 1993 (the Act). In addition, the EPA has specific powers in relation to conditions of approval for activities that require approval under the Development Act 1993.
Some important sections of the Act for the waste to resource recovery sector include:
- Section 10 – Objects of the Act
The objects include the requirement to prevent, minimise or eliminate harm to the environment as far as possible.
The EPA does this by regulating activities, products, substances and services that may cause environmental harm from pollution or production of waste.
The objects also include ecologically sustainable development and a precautionary approach to the assessment of environmental harm. - Section 25 – general environmental duty
This section outlines the responsibilities of a person, whether or not licensed, when undertaking an activity that may pollute the environment, to take all reasonable and practicable measures to prevent or minimise environmental harm. - Section 36 – requirement for licence
This section outlines the requirement for a person undertaking a prescribed activity of environmental significance to have an environmental authorisation. - Sections 40 and 48 – grant of licence and annual fee
These sections outline the requirement for the holder of an environmental authorisation to pay an authorisation fee. Further information on fees is provided in Environment Protection Regulations 2009. - Section 113 – waste depot levy
This section defines who needs to pay the waste depot levy and is linked to the Environment Protection Regulations 2009 which contains additional information on who must pay the levy and how much to pay. - Schedule 1
This lists the activities of environmental significance for which a licence from the EPA to operate is required. The majority of waste related activities are listed under Activity 3, Waste Treatment and Disposal.
Schedule 1 is currently under review with particular focus on the waste activities.
Other relevant legislation includes:
- Local Nuisance & Litter Control Act 2016
- Environment Protection (Wastes to Resources) Policy 2010
- National Environment Protection (Movement of Controlled Waste Between States and Territories) Measure
Provides a national framework for the management of the movement of controlled wastes between States and Territories, including ensuring that the controlled wastes are properly identified, transported and handled in ways that are consistent with environmentally sound practices. - National Environment Protection (Used Packaging Materials) Measure
Reduce the environmental degradation arising from the disposal of used packaging and conserve virgin materials through the encouragement of waste avoidance and the reuse and recycling of used packaging materials by supporting and complementing the voluntary strategies in the Australian Packaging Covenant.
The EPA also honours national and international environmental agreements including:
- Agenda 21 - adopted at the 1992 United Nations Conference on Environment and Development (popularly known as the Earth Summit). As a signatory, Australia is committed to preventing environmental degradation and establishing a basis for a sustainable future.
- The Basel Convention - as a signatory, Australia is committed to the safe and appropriate disposal of hazardous wastes.
- The Stockholm Convention on protecting human health and the environment from the effects of Persistent Organic Pollutants (POPs). Australia is implementing our responsibilities through a national strategy that includes the development of scheduled waste management plans.
- The Rotterdam Convention - on the promotion of shared responsibilities in relation to importation of hazardous chemicals.
- National Environment Protection Measures (NEPMs). Documenting agreed national objectives for protecting or managing particular aspects of the environment.
Water quality
One of the EPA's roles is to work towards protecting SA's waters while allowing for economic and social development. The tools used to achieve this include the Environment Protection Act 1993, the Environment Protection (Water Quality) Policy 2015 and other legislation.
Related legislation
- Adelaide Dolphin Sanctuary Act 2005
- Coast Protection Act 1972
- Development Act 1993
- Groundwater (Border Agreement) Act 1985
- National Environment Protection Council (SA) Act 1995
- Natural Resources Management Act 2004 (replaces the repealed Water Resources Act 1997)
- Nuclear Waste Storage Facility (Prohibition) Act 2000
- Plastic Shopping Bag (Waste Avoidance) Act 2008
- Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987
- River Murray Act 2003
- South Australian legislation
- Wingfield Waste Depot Closure Act 1999
- Whyalla Steel Works Act 1958
- Zero Waste SA Act 2004
Environment Protection Policies under Environment Protection Act 1993
- Environment Protection (Air Quality) Policy 2016
- Environment Protection (Water Quality) Policy 2015
- Environment Protection (Movement of Controlled Waste) Policy 2014
- Environment Protection (Used Packaging Materials) Policy 2012
- Environment Protection (Waste to Resources) Policy 2010
- Environment Protection (National Pollutant Inventory) Policy 2008
- Environment Protection (Noise) Policy 2007
Important to note:
The following regulations have been updated:
- Environment Protection (Fees and Levy) Regulations 1994
- Environment Protection (General) Regulations 1994
- Environment Protection (Exempt Classes of Persons and Activities) Regulations 2001
- Environment Protection (Site Contamination) Regulations 2008
- Environment Protection (Beverage Container) Regulations 2008
These have been replaced by the Environment Protection Regulations 2009 from 1 September 2009.
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