What you should know about Environmental Laws in South Australia
There are a number of laws, regulations, policies and guidelines which prohibit the pollution of the stormwater system , provide guidance to industry and help protect the environment more generally.. The following table provides an overview of the key legislative requirements relating to stormwater pollution. All business should be aware of their legal requirements.
| Legislation |
Section |
Offence |
Penalty |
| Environment Protection Act 1993 |
25
|
General Environmental Duty to prevent pollution of the environment |
Emergency Protection Order, orClean-up Order |
| 79 (1) |
Causing serious environmental harm intentionally or recklessly |
Body Corporate
- $2,000,000
Natural Person
- $500,000 &/or 4 yrs imprisonment |
| 79 (2) |
Causing serious environmental harm |
Body Corporate
- $500,000
Natural Person
- $250,000 |
| 80 (1) |
Causing material environmental harm intentionally or recklessly |
Body Corporate - - $500,000
Natural Person $250 000 &/or 2 yrs imprisonment (Div 5) |
| 80 (2) |
Causing material environmental harm |
Body Corporate - $250,000
Natural Person $150 000 |
| 82 (1) |
Causing environmental nuisance intentionally or recklessly |
Body Corporate - Division 1 fine ($60,000)
Natural Person - Division 3 fine ($30,000) |
| 82 (2) |
Causing environmental nuisance |
Body Corporate - Division 4 fine ($15,000)
Natural Person - Division 6 fine ($4,000) |
| 83 |
Notification of serious or material environmental harm or threat |
Body Corporate - $250,000
Natural Person - $150,000 |
| Environment Protection (Water Quality) Policy 2003 |
17
|
Obligation not to discharge or deposit listed pollutants into water’s or onto certain land |
Mandatory provision: Category B offence: Intentional or reckless contravention - $30,000 &/or 7yrs imprisonment (Div 3) Contravention - $4,000 &/or 1yr imprisonment or $300 on the spot fine(Div 6) |
| Public & Environmental Health Act 1987 |
18
|
Discharge of waste in a public place |
$30,000 (Div 3 fine) |
Environment Protection Act 1993
The Environment Protection Act 1993 (the Act) is the primary pollution control and prevention legislation in South Australia. It promotes the principles of ecologically sustainable development. The Act provides for the following standards of care, which apply to industry and the community, to safeguard the State's air, water, land and ecosystems:
- the general environmental duty of care
- offences under the Act
- environment protection policies and regulations.
Under the Environment Protection Act 1993 and Local Government Act 1999 you can be issued an on the spot fine of $315 if you allow anything other than clean water to go down a stormwater drain.
Environmental Protection (Water Quality) Policy
The Environmental Protection (Water Quality) Policy provides a consistent State-wide approach to the protection of water quality for all water bodies and to ensure that all industries under uniform conditions regarding water quality. The Water Quality policy can be viewed at
http://www.epa.sa.gov.au/pdfs/epwq_report.pdf
Codes of Practice
The Environment Protection Authority (EPA) has produced several codes of practice to assist business and industry to comply with the requirements of the Environment Protection Act 1993. The Codes of Practice are linked to the Environment Protection (Water Quality) Policy . Failure to comply with specific requirements in a code of practice or guideline linked to the Water Quality Policy is not an offence, but may result in the issuing of an Environmental Protection Order.
The following codes of practice are recommended by the EPA for use by business and industry:
- Stormwater Pollution Prevention-Code of Practice for the Building and Construction Industry – available at http://www.epa.sa.gov.au/pdfs/bccop1.pdf
- Stormwater Pollution Prevention-Code of Practice for Industrial, Retail and Commercial (draft).
The codes of practice contain the following guidelines:
- Floor drainage must be isolated from the stormwater system. Use dry absorbents and dry sweeping to clean floors.
- There must be no discharges to the stormwater system from industrial premises, other than clean rainwater from roofs.
- Employees must be trained to reduce pollution risks.
- Wastewater and washwater must be pretreated or directed to sewer with approval from SA Water or stored in tanks and collected by a licensed liquid waste contractor. The collection and pretreatment system must be regularly maintained. This includes washwater generated by cleaners or cleaning operations, cooling system and evaporative air conditioning wastewater and activities on commercial building sites.
- All existing and new waste storage areas must be roofed to prevent stormwater discharges.
- Oils, lubricants and coolants must not be discharged directly or indirectly to the stormwater system. Spilt material that may pollute stormwater must not be left unattended.
- There must be an emergency spill response plan to deal with hazardous material on all premises that prevents discharge to the stormwater system, and employees should be adequately trained in spill response procedures.
- Vehicle maintenance must take place in designated areas that prevent stormwater discharge. This includes all activities of mobile service contractors.
- Spills must be cleaned up with reference to the Material Safety Data Sheets (MSDS) and should be isolated and contained to prevent entry into the stormwater system.
- All putrescible (putrefying) waste must be either composted or sealed before disposal in an industrial bin.
- Dedicated rubbish skips must be provided for collection of all solid waste.
- Loss of sediment from building or construction sites must be prevented.
- Buildings should be designed to contain spillages that may occur unexpectedly or as part of normal operational procedures.
- Devices capable of removing litter, oil and sediment must be fitted to stormwater drains in parking areas.
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