The South Australian parliament passed the Environment Protection (Site Contamination) Amendment Bill in 2007. This legislation adds provisions to the Environment Protection Act 1993 in relation to site contamination, 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.
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:
Click through for more detailed information on the amendments to the Environment Protection Act 1993 and other legislation.
On 20 November 2008 the Governor proclaimed the Environment Protection (Site Contamination) Regulations.
The purpose of these regulations is to support the Environment Protection (Site Contamination) Amendment Act 2007. The main objectives of the regulations are to support the site contamination audit system and list 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.
Commencement of the legislation
Selected definitions and the requirements for truth in reporting in the Environment Protection Act came into effect on 10 December 2007.
Provisions enabling the accrediting of site contamination auditors in the Environment Protection Act commenced on 20 November 2008. It is anticipated that the remaining amendments to the Environment Protection Act will come into effect in mid 2009.
All regulations, except for Part 2 Schedule 1, commenced on 20 November 2008 which is expected to commence in mid 2009.
Consultation
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 fully 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.
