Changes To The Environment Protection Act 1993
Contaminated sites provisions of the Environment Protection Act 1993 (SA) (EP Act) were passed by parliament in late 2007. The majority of these provisions became operational on 1 July 2009.
This is the first time South Australia has had a specific regime for the regulation of historically contaminated sites: that is, sites that have long-standing contamination due to the nature of activities undertaken on those sites over time. This includes tanning, battery manufacture, land fill, chemical manufacture and petrol retailing.
For pollution 'incidents', the current machinery of environmental protection orders, cleanup orders and reporting requirements under the EP Act remain. However, in the case of historical site contamination, the South Australian Environment Protection Authority (EPA) is now able to issue to 'appropriate persons' (in order, polluters and owners) site contamination assessment orders (SCAOs) and site remediation orders (SROs).
The new provisions also permit persons with contaminated sites to enter into a voluntary arrangement for investigation and cleanup that will not involve the issuing of an SCAO or SRO by the EPA.
The EP Act also allows owners of land to transfer liability for assessment and remediation by way of sale, provided that the transaction is bona fide and not made for the purposes of avoiding responsibilities under the EP Act. The EPA must be notified.
The new provisions establish a site contamination auditor accreditation scheme whereby only accredited auditors (or those under the direct supervision of an accredited auditor) may lawfully undertake a site contamination audit.
Contaminated Sites And The Land Use Planning Regime
Planning SA is currently reviewing the Development Act 1993 (SA) to identify appropriate amendments to reflect the new site contamination regime under the EPA.
For the time being, the land use planning system in South Australia will address the development of contaminated sites through Advisory Notice on Planning No 20 – Contaminated Sites. The Advisory notice provides relevant planning authorities with guidance on how to incorporate into the rezoning and development approval process, the assessment and remediation of contaminated land proposed for 'sensitive' uses.
National Polutant Inventory Reporting
Changes to National Pollutant Inventory (NPI) reporting requirements have been adopted through amendment to the South Australian Environment Protection (National Pollutant Inventory) Policy 2008 (NPI EPP).
In addition, penalties can now be applied in South Australia if a NPI report is not submitted, submitted late or does not contain the required information. The first report due under the new changes will be required for the financial year 2008-2009.
A New Irrigation Act
The South Australian Parliament has passed a new Irrigation Act 2009 (SA). It came into effect on 23 April 2009 and replaces the Irrigation Act 1994 (SA).
The new Act follows a review of the Irrigation Act and the Renmark Irrigation Trust Act 1936 (SA). Another Bill will be introduced repealing the latter Act.
In addition to addressing a number of governance issues identified in the review process, the new Act aims to ensure State compliance with several national water and environmental initiatives and is intended to achieve consistency with the Commonwealth Water Act 2007 (Cth).
Water trading in and between irrigation districts as envisaged by the Commonwealth Water Act is facilitated under the new Act and irrigation trusts are prohibited from unreasonably restricting the efficiency and scope of water trade.
Individual trust members will be able to transform their irrigation right into a water licence held under the Natural Resources Management Act 2004 (SA) which was consequentially amended under the new Act.
Padthaway Water Allocation Plan
The 2009 Water Allocation Plan for the Padthaway Prescribed Wells Area was adopted by the Minister for Environment and Conservation on 26 April 2009. Licensees will have received their new volumetric licence from the Department of Water, Land and Biodiversity Conservation before 30 of June 2009. As a result, licensees will have to ensure their water use is within the volume shown on their licence for the 2009-2010 water use year.
Licensees will have the right to pump an additional 10% of water for the first two years. This volume will appear as a Bridging Volume on the licence, and is intended to provide licensees with time to adjust to their new allocation.
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