Notice and submissions in respect of applications for environmental authorisations
39 Notice and submissions in respect of applications for environmental authorisations
Subject to this section, the Authority must, on receipt of an application for the grant of an environmental authorisation—
cause public notice of the application to be published inviting interested persons to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days from the date on which the notice was published); and
if the application relates to an activity that is to be undertaken on a particular piece of land—cause notice of the application to be given to the owner or occupier of each piece of adjacent land, inviting the owner or occupier to make written submissions in relation to the application within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the owner or occupier).
For the purposes of subsection (1)(a), public notice of the application may be published—
on a website determined by the Authority; or
in a newspaper circulating generally in the State, (or both).
The Authority must, on receipt of an application for an environmental authorisation that would authorise an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, give notice of the application to the authority under that Act to whom an application for a permit for that activity would otherwise have to be made inviting the authority to make written submissions in relation to the application within a period specified in the notice (being not less than
14 days after the notice is given to the authority).
Subsection (1a) does not apply in relation to an activity—
to which section 64(1a) applies; or
that is development for the purposes of the
Planning, Development and Infrastructure
Act 2016 and that is authorised by a development authorisation under that Act.
The Authority must, if it considers it appropriate in the circumstances, cause the public notice to be published, in addition, in a local newspaper circulating in the area in which activity would be undertaken pursuant to the environmental authorisation if it were granted.
Subsection (1) does not apply in relation to—
an application for an exemption from the application of a provision of an environment protection policy if the environment protection policy provides that subsection (1) does not apply in relation to such applications; or
an application for a licence to conduct a waste transport business.
Notice is not required to be given to an owner or occupier of adjacent land under subsection (1)(b) in circumstances prescribed by regulation.
Where written submissions are made in response to a notice published or given under this section, the Authority must forward a copy of the submissions to the applicant and allow the applicant an opportunity to respond, in writing, to the submissions within a period specified by the
Authority.
A notice to be given to the owner or occupier of adjacent land under subsection (1)(b) may be given by addressing it to the
"owner or occupier" and posting it to, or leaving it at, the adjacent land.
In this section—
adjacent land, in relation to other land, means land—
that abuts on the other land; or
that is no more than 60 metres from the other land and is directly separated from the other land only by—
a road, street, footpath, railway or thoroughfare; or
a watercourse; or
a reserve or other similar open space.
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