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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Sewerage (Water Management Measures—Use of Waste
Material) Amendment Bill 2006
A BILL FOR
An Act to amend the Sewerage Act 1929.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Sewerage
Act 1929
4 Insertion of Part 4A
Part 4A—Licences to extract waste material from
undertaking
48 Corporation to establish
scheme
48A Applications for
licences
48B Area to which licence must relate
etc
48C Grant of
licences
48D Location of
licence
48E Conditions
48F Term
and renewal of licence
48G Rights conferred by
licence
48H Extraction
fee
48I Returns
48J Transfer
of licences
48K Surrender of
licences
48L Suspension or cancellation of
licences
48M Power to require or carry out
work
48N Appeals
48O False or
misleading
information
48P Register
48Q Exclusion
from Part
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Sewerage (Water Management
Measures—Use of Waste Material) Amendment Act 2006.
(1) Subject to subsection (2), this Act will come into operation on a
day to be fixed by proclamation.
(2) If a provision of this Act has not been brought into operation sooner,
it will, by force of this subsection, come into operation 6 months after
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Sewerage
Act 1929
After Part 4 insert:
Part 4A—Licences to extract waste material from
undertaking
48—Corporation to establish
scheme
The Corporation must establish a scheme under which a person who satisfies
any prescribed qualifications or requirements may, under the authority of a
licence granted by the Corporation under this Part (a sewage mining
licence), extract waste material from the undertaking.
48A—Applications for licences
(1) An application for a sewage mining licence—
(a) must be made to the Corporation in a manner and form approved by the
Minister; and
(b) must be accompanied by a fee prescribed by the regulations.
(2) An applicant for a licence must provide the Corporation with any
information reasonably required by the Corporation in connection with the
determination of the licence, verified, if the Corporation so requires, by
statutory declaration.
48B—Area to which licence must relate
etc
(1) An application must relate to a specified part of the
undertaking.
(2) The area to which an application relates must not exceed a maximum
permissible area prescribed by the regulations (but this subsection does not
prevent a person holding separate sewage mining licences relating to 2 or more
areas, including contiguous areas).
(3) An application must not relate to any part of the undertaking that is
already covered by a sewage mining licence.
48C—Grant of licences
(1) The Corporation may grant a sewage mining licence on application under
this Part if satisfied—
(a) that the applicant satisfies any prescribed qualifications;
and
(b) that the applicant will be able to comply with any relevant
requirement imposed by or under this Part, or with any conditions imposed with
respect to the licence.
(2) The Corporation may also, in considering whether to grant an
application, take into account such other factors as the Corporation thinks
fit.
48D—Location of licence
(1) A sewage mining licence will apply with respect to a part of the
undertaking specified by the Corporation in the licence.
(2) If the Corporation proposes to specify a part of the undertaking that
is different to the part to which the application related, the Corporation must,
before finalising its decision, allow the applicant a reasonable opportunity to
make submissions in relation to the matter.
48E—Conditions
(1) A sewage mining licence will be subject to—
(a) any conditions prescribed by the regulations; and
(b) any conditions imposed by the Corporation with respect to the
licence.
(2) The conditions may, for example, make provision for or with respect
of—
(a) the points or places at which or from which waste material may be
extracted;
(b) the method of extraction, and the use of any fittings or equipment for
the purposes of making or undertaking any extraction;
(c) the quantity of waste material that may be extracted over any
specified period, or the rate of extraction over any specified period or at any
specified time;
(d) the management, treatment or use of any waste material that is
extracted;
(e) the procedures and processes to be followed to protect public health
and safety, and to ensure that the undertaking is not damaged or adversely
affected.
(3) The Corporation may, if it considers it appropriate to do so, (and
whether on application or on its own initiative) by notice in writing to the
holder of the licence, vary a condition to which the licence is
subject.
(4) The conditions of a licence may be varied by the addition,
substitution or deletion of 1 or more conditions.
(5) A person must not contravene or fail to comply with a condition of a
licence.
Maximum penalty: $5 000.
48F—Term and renewal of
licence
(1) A sewage mining licence is granted for a term of 5 years or a lesser
period specified in the licence, and is renewable for successive terms on
application under this section.
(2) An application for the renewal of a licence—
(a) must be made to the Corporation in the manner and form approved by the
Minister; and
(b) must be accompanied by a fee prescribed by the regulations.
(3) This section has effect subject to the power of the Corporation to
suspend or cancel a licence.
48G—Rights conferred by
licence
(1) A sewage mining licence—
(a) confers a right on the holder of the licence to extract waste material
from the undertaking subject to any requirements prescribed by the regulations
and the terms and conditions of the licence; and
(b) authorises the holder of the licence to treat, use, sell, or otherwise
deal with or dispose of, any waste material, or any material or product derived
from waste material, extracted in pursuance of the licence.
(2) Without limiting any other control or requirement that may be imposed
by or under this Part, subsection (1) operates subject to any direction
that the Corporation may give from time to time with respect to the proper
management or operation of the undertaking, or with respect to the proper
management of waste material in the undertaking.
48H—Extraction fee
(1) The regulations may require the payment of a fee with respect to the
holding of a sewage mining licence.
(2) The regulations may provide for—
(a) the imposition of differential fees according to any factor prescribed
by the regulations; and
(b) the payment of the fee at the end of each period prescribed by the
regulations; and
(c) other matters with respect to the calculation, payment or recovery of
a fee.
(3) A regulation made for the purposes of this section must not deal with
any other matter.
48I—Returns
A person who holds a sewage mining licence must, for each period prescribed
by the regulations that the licence remains in force, not later than the
relevant day determined in accordance with the regulations, lodge with the
Corporation a return containing the prescribed information.
48J—Transfer of licences
A sewage mining licence may be transferred by the holder of the licence
with the consent of the Corporation.
48K—Surrender of licences
A sewage mining licence may be surrendered by the holder of the licence
with the consent of the Corporation.
48L—Suspension or cancellation of
licences
(1) Proper cause exists for the suspension or cancellation of a sewage
mining licence if—
(a) the holder of the licence obtained the licence improperly;
or
(b) the holder of the licence has failed to comply with—
(i) any requirement imposed by or under this Part; or
(ii) any conditions imposed with respect to the licence.
(2) If proper cause exists for the suspension or cancellation of a
licence, the Corporation may, by written notice to the holder of the
licence—
(a) suspend the licence for a specified period or until the Corporation
terminates the suspension; or
(b) cancel the licence.
(3) Before the Corporation suspends or cancels a licence the Corporation
must give the holder of the licence written notice—
(a) specifying the matters alleged to constitute proper cause for
suspension or cancellation of the licence; and
(b) stating the action that the Corporation proposes to take;
and
(c) allowing the holder of the licence a reasonable opportunity to show
cause why the proposed action should not be taken.
48M—Power to require or carry out
work
(1) If—
(a) the holder of a sewage mining licence fails to take an action required
by or under this Part, or required by a condition imposed with respect to the
licence; or
(b) on cancellation or termination of a sewage mining licence, the former
holder of the licence fails to remove any fittings or equipment installed or
used for the purposes of the licence,
the Corporation may, by written notice to the holder of the licence or the
former holder of the licence, direct the person to take the action, or to remove
the fittings or equipment (or both), and to take any other action that, in the
opinion of the Corporation, is appropriate in the circumstances.
(2) A person to whom a direction is given under subsection (1) must
comply with the direction within the time allowed in the notice.
Maximum penalty: $10 000.
(3) If a person fails to comply with a direction under subsection (1)
within the time allowed in the notice, the Corporation may cause the required
action to be taken, and may recover the cost, as a debt, from the
person.
(4) Fittings or equipment removed by action taken by the Corporation under
subsection (3) are forfeited to the Corporation and may be sold or
otherwise disposed of as the Corporation thinks fit.
48N—Appeals
(1) The following appeals may be made to the ERD Court:
(a) an applicant for a sewage mining licence may appeal against a decision
of the Corporation—
(i) that a licence will not be granted; or
(ii) that a licence be granted with respect to a part of the undertaking
that is different to the part of the undertaking to which the application
related; or
(iii) fixing the conditions of a licence;
(b) the holder of a sewage mining licence may appeal against a decision of
the Corporation—
(i) varying the conditions of the licence; or
(ii) refusing to agree to the renewal of the licence, or to the transfer
or surrender of the licence; or
(iii) suspending or cancelling the licence.
(2) Subject to this section, an appeal must be instituted within 1 month
of the making of the decision appealed against.
(3) The Corporation must, on application by a person affected by a
decision that may be the subject of an appeal under this section, state in
writing the reasons for the Corporation's decision.
(4) If the reasons of the Corporation are not given in writing at the time
of making a decision and the person affected by the decision, within 1 month of
the making of the decision, requires the Corporation to state the Corporation's
reasons in writing, the time for instituting an appeal runs from the time when
the person receives the written statement of those reasons.
(5) The ERD Court may, on hearing an appeal—
(a) confirm, vary or reverse the decision appealed against, or substitute
any decision that should have been made in the first instance;
(b) remit the subject matter of the appeal to the Corporation for further
consideration;
(c) make any consequential or ancillary order or direction, or impose any
condition, that the Court considers necessary or expedient.
(6) In this section—
ERD Court means the Environment, Resources and Development
Court established under the Environment, Resources and Development Court
Act 1993.
48O—False or misleading
information
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this Part.
Maximum penalty: $5 000.
48P—Register
(1) The Corporation must keep a register of—
(a) licences granted under this Part; and
(b) other prescribed matters,
in such form and containing such information as the Corporation thinks
fit.
(2) The Register must be made available for public inspection.
(3) The Minister may fix fees for the supply of extracts from the
register.
48Q—Exclusion from Part
(1) The Governor may, by regulation, exclude any part of the undertaking
from the operation of this Part.
(2) A regulation made for the purposes of this section must not deal with
any other matter.