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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Port Pirie Smelting Facility (Lead-In-Air Concentrations)
Bill 2013
A BILL FOR
An Act to regulate the variation of conditions and application of laws
relating to lead emissions in respect of a smelting facility at Port Pirie; and
for other purposes.
Contents
1Short title
2Commencement
3Interpretation
4Provisions relating to
reduction of maximum lead-in-air condition by Environment Protection
Authority
5Maximum lead-in-air condition not affected by
other laws of State
6Immunity provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Port Pirie Smelting Facility (Lead-In-Air
Concentrations) Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
Company means Nyrstar Port Pirie Pty Ltd
ACN 008 046 428 and includes its successors and
assigns;
Manufacturing Minister means the Minister to whom the
administration of the
Industries
Development Act 1941 is committed;
maximum lead-in-air condition means a condition of the
relevant environmental authorisation that specifies the maximum permissible air
concentration of lead at a location or locations in Port Pirie specified in the
relevant environmental authorisation;
plant means the metals processing facility owned and operated
by the Company at Port Pirie as it is constituted from time to time, including
all ancillary and associated plant, equipment and other works;
project means the redevelopment of the plant by the Company
to transform it from a primary lead smelter to a poly-metallic processing
facility by replacing the existing sinter technology with enclosed bath smelting
processing technology and the carrying out of associated works;
project completion date—see
subsection (2)(c);
relevant environmental authorisation means any environmental
authorisation under the
Environment
Protection Act 1993 applying from time to time in relation to the
Company's operations in connection with the plant.
(2) For the
purposes of this Act—
(a) the Company must, not more than 7 days after successfully
commencing commercial operations of the enclosed bath smelting facility
installed as part of the project, give notice to the Manufacturing Minister of
the day on which those operations commenced (the project completion
notice); and
(b) the
Manufacturing Minister must, by notice published in the Gazette within
7 days of receipt of the project completion notice, give notice of that
receipt; and
(c) the
project completion date is the date on which the notice under
paragraph (b) is
published in the Gazette.
4—Provisions
relating to reduction of maximum lead-in-air condition by Environment Protection
Authority
(1) The Environment Protection Authority may not, during the period
commencing on the project completion date and ending on the commencement day,
vary a maximum lead-in-air condition in a way that would have the effect of
reducing the maximum specified in the condition unless the Environment
Protection Authority has consulted with—
(a) the Manufacturing Minister; and
(b) the Company.
(2) The Environment
Protection Authority may not, during the prescribed period, vary a maximum
lead-in-air condition in a way that would have the effect of reducing the
maximum specified in the condition.
(3)
Subsection (2) does
not apply if—
(a) the Manufacturing
Minister approves the variation; or
(b) the Company consents to the variation.
(4) Before granting an approval under
subsection (3)(a),
the Manufacturing Minister must—
(a) consult with, and
invite written submissions (to be provided within a reasonable period specified
by the Manufacturing Minister) from—
(i) the Company; and
(ii) the Minister to whom the administration of the Environment
Protection Act 1993 is committed; and
(b) take into account the following:
(i) any written submissions received under
paragraph (a);
(ii) recent medical and scientific advances relating to lead
emissions;
(iii) international standards relating to lead emissions;
(iv) the impact of the proposed variation on—
(A) the Port Pirie community; and
(B) the Company;
(v) any other matter the Manufacturing Minister thinks fit.
(5) Nothing in
subsection (2)—
(a) applies to a condition of the relevant environmental authorisation
other than a maximum lead-in-air condition; or
(b) affects any requirement for the Company to take reasonable and
practicable measures to prevent or minimise any environmental harm that may
result from its operations in connection with the plant.
(6) In this section—
commencement day means—
(a) the day that falls 6 months after the project completion date;
or
(b) if the
Environment Protection Authority varies a maximum lead-in-air condition after
the project completion date (but before the day that falls 6 months after
the project completion date)—the day on which the variation is
made,
whichever day occurs first;
prescribed period means the period that commences on the
commencement day and ends 10 years after that day.
5—Maximum
lead-in-air condition not affected by other laws of State
(1) The law of the
State is modified so that any requirement applying (whether directly or
indirectly) to the Company under—
(a) a law of the State; or
(b) a relevant authorisation,
that would have the effect of reducing the maximum permissible air
concentrations of lead at a location or locations in Port Pirie specified in a
condition of a relevant environmental authorisation (a relevant
requirement), is taken not to apply (but only to the extent that the
relevant requirement has that effect and except as provided in
subsection (3)) to
the Company during the prescribed period.
(2) The modification of the law under
subsection (1)
applies to a relevant requirement whether the relevant requirement was imposed
before or after the commencement of this Act.
(3)
Subsection (1) does
not apply to the extent that the Manufacturing Minister determines, by notice in
writing to the Company, that a particular law or authorisation specified in the
notice should not be so modified, or should only be modified as specified in the
notice.
(4) The Manufacturing Minister may only make a determination under
subsection (3)
if—
(a) the Company consents to the making of the determination; or
(b) the Manufacturing Minister—
(i) consults with, and
invites written submissions (to be provided within a reasonable period specified
by the Manufacturing Minister) from—
(A) the Company; and
(B) if the particular law or authorisation specified in the notice is an
Act, or is imposed under an Act (as the case may be), the Minister to whom the
administration of the Act is committed; and
(ii) takes into account the following:
(A) any written submissions received under
subparagraph (i);
(B) recent medical and scientific advances relating to lead
emissions;
(C) international standards relating to lead emissions;
(D) the impact of the proposed determination on—
• the Port Pirie community; and
• the Company;
(E) any other matter the Manufacturing Minister thinks fit.
(5) In this section—
prescribed period means the period starting on the
commencement of this Act and ending—
(a) if a project completion notice is given to the Manufacturing
Minister—10 years after the project completion date; or
(b) in any other case—4 years after the commencement of this
Act;
relevant authorisation means a licence, authorisation,
permit, consent or approval imposed under a law of the State, but does not
include a relevant environmental authorisation.
No act or omission undertaken or made by the Manufacturing Minister or any
other person engaged in the administration of this Act with a view to exercising
or performing a power or function under this Act gives rise to any liability
(whether based on a statutory or common law duty to take care or otherwise)
against the Manufacturing Minister or other person or the Crown.