The South Australian parliament has passed the Environment
Protection (Site Contamination) Amendment Bill 2007 and this Bill
was assented by the Governor 1 November 2007. This legislation
adds provisions to the Environment
Protection Act 1993 in relation to site contamination
and assigns responsibility for site contamination, establishes
a statutory audit system for South Australia and gives the Environment
Protection Authority (EPA) powers to deal with site contamination.
Several changes were made to the legislation as a result of the
public consultation on the Bill conducted by the EPA and the parliamentary
process. Key amendments arising from parliament included changes
to section 103C relating to identification of appropriate persons
and the addition of sections relating to honesty in reporting
and information (sections 103ZA and 103ZB). Click
through for a summary of the legislative changes.
The legislative provisions form part of a set of measures to
ensure that site contamination is adequately managed in South
Australia. These measures will comprise
- regulations under the Environment Protection Act 1993
- appropriate amendments to planning processes under the Development
Act 1993
- review and amendment, where necessary, of other state legislation
including the Land and Business (Sale and Conveyancing) Act
1994
- a series of supporting publications including codes of practice,
guidelines and information sheets.
These measures are in the process of being prepared and the EPA
will initiate consultation as part of their preparation and implementation.
Commencement of the legislation
The legislation will come into operation on a day to be fixed
by proclamation. Some selected definitions and the requirements
for truth in reporting came into effect on 10 December 2007. It
is anticipated that the remaining provisions will come into effect
in 2009. This lead time is required to allow the EPA to establish
the regulations, guidelines, systems and processes to support
the legislation.
Further Consultation
As described above, the EPA is in the process of drafting proposed
changes to the Development Act 1993 and changes to the
questions relating to environmental particulars under the regulations
under the Land and Business (Sales and Conveyancing) Act 1994.
The EPA is also in the process of developing regulations to
be prescribed under the Environment Protection Act 1993 required
to support the above amendments to the Environment Protection
Act 1993.Consultation on the draft regulations is
currently underway.
Guidelines for auditors and publications are being developed
to assist the public to understand their responsibilities under
the legislation. Appropriate targeted consultation will be conducted
on these documents as they are developed.
The EPA will be conducting workshops across the state in 2008
on the new legislation.
Please contact the site
contamination branch of the EPA for further information on
the new legislation, to organise a briefing on the requirements
of the legislation, be involved in consultation on the consequential
amendments to other legislation or register your interest for
the proposed education program.
The EPA Board has resolved that until new South Australian legislation
comes into operation, the EPA will take an advisory and guiding
role, consistent with the National Environment
Protection (Assessment of Site Contamination) Measure (NEPM) 1999,
which operates as an Environment Protection Policy under the Environment
Protection Act 1993.
This role is undertaken through an agreed strategy and administrative
procedures to assist in the management of site contamination.
The primary objective of the EPA strategy is to provide advice
and guidance aimed at ensuring site contamination is recognised,
considered and addressed for all new developments throughout South
Australia. Guidance on key site contamination issues is provided
in the following pages.
The EPA undertakes a number of activities in the management of
site contamination issues:
Memorandum of Understanding with Department
of Health
The EPA, in collaboration with the Department of Health, and
other relevant government departments, will become directly involved
where site contamination may be identified, as necessary. The
EPA and the Department of Health have signed an Interim Memorandum
of Understanding (MOU) for the Management and Health Risk Assessment
of Site Contamination in South Australia. This is a landmark agreement,
with the EPA and the Department of Health working together to
assist in the management of site contamination throughout South
Australia.
