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ZERO WASTE SA BILL
The Hon. J.D. HILL (Minister for Environment and Conservation) obtained leave and introduced a bill for an act to establish a statutory corporation, Zero Waste SA, with the function of reforming waste management in the state; to amend the Environment Protection Act 1993; and for other purposes. Read a first time.
The Hon. J.D. HILL: I move:
That this bill be now read a second time.
I seek leave to have the second reading explanation inserted in Hansard without my reading it.
zero waste South Australia bill 2003 On 22 January 2003 the Government announced its intention of forming a new waste management body, Zero Waste SA. This Bill is to establish that entity. It is a vital part of implementing the Government's election policy on waste management, which promised to establish a new legislative framework to:
(a)supervise a comprehensive statewide waste reduction and re-use strategy
(c)deliver a coordinated and mandated approach to waste management and recycling
(d)encourage the application of the latest waste management technologies
(e)better inform consumers and producers
(f)encourage industry to use recycled and renewable products
(g)work with KESAB and producers to reduce litter
(h)promote private sector on site treatment and recycling of waste
(i)increase recycling by government departments
(j)increase the re-use and recycling of construction and demolition waste
(k)develop a "Green Waste Action Plan" to divert garden food and wood waste from landfills
(l)support tough national packaging covenants to reduce unnecessary packaging.
This will be the purpose of Zero Waste SA. It will be an independent statutory body with a board made up of people with skills and experience in local government, environmental sustainability, industry, regional affairs and management. Its chief objectives will be to eliminate waste or its consignment to landfill and advance the development of resource recovery and recycling industries.
The Government has noted the comments of the Economic Development Board in its Draft Economic Plan on the need for waste management infrastructure and is investigating the feasibility of an eco-industrial precinct at Gillman. We need appropriate sites and infrastructure suitable for the recycling and resource recovery industries if we are to turn waste to resources and encourage a more sustainable lifestyle. Zero Waste SA will play a key role in identifying the need for waste management infrastructure and supporting its development.
Zero Waste SA will be funded by an increase in the levy collected on waste going to landfill, collected under the Environment Protection Act. The levy has increased to $10.10 in the city and $5.10 in the country, with 50 per cent of the levy, or such greater amount as may be prescribed, going to the Waste to Resources Fund.
The Local Government Association of South Australia offered its support when the creation of Zero Waste SA was announced, even though it would mean increased costs for councils. This support demonstrates the commitment of the local government sector to the implementation of the best possible waste management practices. This Government is aware that the Local Government Association would like to see even more of the waste levy used for Zero Waste SA. However, some of this revenue will be required for other agencies in the Environment and Conservation portfolio which play a vital role in regulating waste and developing better options for its use particularly the Environment Protection Authority which has the task of regulating, licensing and monitoring waste activities. As the Bill requires, Zero Waste SA and the Environment Protection Authority will co-ordinate their activities for the development of waste strategies.
Zero Waste SA will be supported by a small office. It has commenced work on a draft Business Plan ready for the consideration of the board as soon as it is appointed by the Governor under this legislation. This Government has established a short term Ministerial Advisory Committee to guide and inform the activities of the office. It is this Government's hope that some members of the Advisory Committee will eventually be appointed to the board. One of the first key activities of the board and office of Zero Waste SA will be the development of a comprehensive State Waste Strategy.
The Government is moving quickly to implement its policy to reduce the amount of waste going to landfill and improve the recovery of resources from waste. This Bill is a vital plank in that policy. I commend the Bill to the House.
Explanation of Clauses
Clause 1: Short title
Clause 2: Commencement
These clauses are formal.
Clause 3: Interpretation
This clause contains definitions of words and expressions used in the Act.
Part 2Zero Waste SA
Clause 4: Establishment of Zero Waste SA
This clause establishes Zero Waste SA as a body corporate and sets out its powers as such a body and its status in relation to the Crown and the Minister.
Clause 5: Primary objective and guiding principles
Subclause (1) sets out the primary objective of Zero Waste SA, namely the promoting of waste management practices that, as far as possible eliminate waste or its consignment to land fill and advance resource recovery and recycling. Subclause (2) provides that Zero Waste SA is to be guided by the waste management hierarchy, the principles of ecologically sustainable development, best practice methods and standards and principles of openness in communication with local government, industry and the community.
Clause 6: Functions of Zero Waste SA
This clause sets out the functions of Zero Waste SA. The functions principally relate to the development of waste policies and the waste strategy, also Zero Waste SA's role in the development of waste systems, regional waste management, research and other matters.
Clause 7: Powers of Zero Waste SA
This clause enables Zero Waste SA to exercise any powers necessary to perform its functions, including obtaining expert or technical advice and making use of the services of the administrative unit's employees and facilities under certain conditions.
Clause 8: Chief Executive
This clause establishes the office of Chief Executive of Zero Waste SA and provides that the CE is subject to the control and direction of the Board. The clause further provides for matters relating to the appointment of the CE and the appointment of an acting CE.
Clause 9: Board of Zero Waste SA
This clause establishes the Board of Zero Waste SA and sets out criteria for membership of the Board.
Clause 10: Terms and conditions of office
This clause establishes the duration of appointments of Board members and the entitlement of members to remuneration. The clause provides for the removal of members from the Board in certain circumstances. The clause further sets out when an office of a member becomes vacant and how such a vacancy is to be filled.
Clause 11: Proceedings of Board
This clause sets out the proceedings of the Board, including the appointment of a presiding member, the quorum, that a decision of the majority is a decision of the Board, and that the presiding member has the casting vote in the event of equal votes. Further, provision is made for Board meetings by telephone or video conference, and the validation of decisions made otherwise than at meetings in certain circumstances. The clause requires minutes to be kept, provides that persons other than members may, with the Board's consent, be present at meetings and that the Board may determine its own procedures.
Clause 12: Committees and subcommittees of Board
This clause enables the Board to establish committees and subcommittees and provides for the procedures of such committees.
Clause 13: Business plan
This clause requires Zero Waste SA to submit for approval to the Minister an annual business plan setting out its major projects, goals and priorities for the next 3 years, the budget for the next year and any other matters required by the Minister. The plan is subject to any modifications required by the Minister and must be made available for public inspection on a website and at Zero Waste SA's principal place of business.
Clause 14: Annual report
This clause requires Zero Waste SA to present to the Minister before 30 September in each year its annual report containing details of income and expenditure, directions given by the Minister to Zero Waste SA, the adequacy of the waste strategy and its implementation. The report must be tabled in Parliament.
Clause 15: Use and protection of name
This clause gives Zero Waste SA ownership of the names "Zero Waste" and "Zero Waste SA" as well as any other name prescribed by regulation. Use by persons of these names without the consent of Zero Waste SA is an offence attracting a maximum penalty of $20 000. The forms of redress available to Zero Waste SA in the event of unauthorised use of these names are injunction and compensation, as well as other civil remedies.
Part 3Waste to Resources Fund
Clause 16: Waste to Resources Fund
This clause establishes the Waste to Resources Fund and sets out the various sources from which the funds are to come. The clause sets out that the Fund may be applied in accordance with the business plan or any other manner authorised by the Minister for the purposes of implementing the objects of the Act. The clause also enables Zero Waste SA to invest the money in a manner approved by the Treasurer.
Part 4Waste strategy
Clause 17: Development of waste strategy
This clause provides for the development by Zero Waste SA of a waste strategy. The clause sets out what is to be included in the strategy, namely
×objectives, principles and priorities,
×an analysis of waste generation levels and waste management practices,
×targets or goals for waste reduction, diversion of waste from landfill, waste management services, public and industry awareness and education, and research
×measures to implement the targets,
×criteria for assessing the adequacy of the strategy and its implementation.
The clause provides that the strategy does not take effect until adopted by Zero Waste SA, and further provides for the consultative arrangements that are required before adoption of the strategy. The first waste strategy is to be adopted within 12 months after the establishment of Zero Waste SA or at such other time as directed by the Minister. Subsequent waste strategies must be developed at intervals of not more than 5 years or at a time directed by the Minister. The clause also provides that the strategy must be made available for public inspection on a website and at Zero Waste SA's principal place of business.
Clause 18: Zero Waste SA and Environment Protection Authority to co-ordinate activities
This clause provides that Zero Waste SA and the EPA must co-ordinate their activities for the development and implementation of waste strategies.
Clause 19: Immunity of persons engaged in administration of Act
This clause provides for immunity of persons engaged in the administration of the Act for acts or omissions done in good faith, and that liability for such acts or omissions lies against the Crown.
Clause 20: Regulations
This clause sets out the regulation making power, allowing any regulations contemplated or necessary or expedient for the purposes of the Act to be made.
ScheduleRelated amendments and transitional provision
Clause 1: Amendment provisions
This clause is formal.
Part 2Amendment of Environment Protection Act 1993
Clause 2: Amendment of section 47Criteria for grant and conditions of environmental authorisations
Clause 3: Amendment of section 57Criteria for decisions of Authority in relation to the development authorisations
These clauses make consequential amendments to the Environment Protection Act, requiring regard to be had to the waste strategy in environmental authorisations and development authorisations granted under the Environment Protection Act 1993.
Part 3Transitional provision
Clause 4: Payment by EPA to Waste Resources Fund of percentage of waste depot levy paid since 1 July 2003
This clause requires the EPA to pay to the Treasurer for the credit of the Waste to Resources Fund 47.5 per cent of the waste depot levy paid under section 113 of the Environment Protection Act 1993 between 1 July 2003 and the date of commencement of the Act in respect of solid waste received at the depots.
The Hon. I.F. EVANS secured the adjournment of the debate.