Green Industries SA Act 2004

This Act may be cited as the Green Industries SA Act 2004.

In this Act—

appointed member of the Board means a member of the Board appointed by the Governor;

Board means the Board of Green Industries SA—see section 9;

business includes a business not carried on for profit or gain;

Green Industries SA—see Part 2;

green industry—see section 3B;

Green Industry Fund—see Part 3;

resource recovery, in relation to waste, means—

reusing the waste; or

recycling the waste; or

recovering energy or other resources from the waste;

waste has the same meaning as in the Environment Protection Act 1993;

waste strategy—see Part 4.

The following are the guiding principles for the purposes of this Act:

the principles of the circular economy;

the waste management hierarchy;

the principles of ecologically sustainable development;

that best practice methods and standards should be pursued in—

waste management; and

the efficient use of resources.

In this section—

a reference to the principles of the circular economy is a reference to an economic model that contemplates the production of goods and services—

by a reduced reliance on virgin materials; and

on the basis of continuously functioning utility and an extended lifecycle; and

in a manner that eliminates, as far as is reasonably practicable, waste or pollution, or harm to the environment;

a reference to the waste management hierarchy is a reference to an order of priority for the management of waste in which—

avoidance of the production of waste; and

minimisation of the production of waste; and

reuse of waste; and

recycling of waste; and

recovery of energy and other resources from waste; and

treatment of waste to reduce potentially degrading impacts; and

disposal of waste in an environmentally sound manner, are pursued in order with, first, avoidance of the production of waste, and second, to the extent that avoidance is not reasonably practicable, minimisation of the production of waste, and third, to the extent that minimisation is not reasonably practicable, reuse of waste, and so on;

a reference to the principles of ecologically sustainable development is a reference to principles that maintain—

that the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical wellbeing and for their health and safety while—

sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

safeguarding the life-supporting capacity of air, water, land and ecosystems; and

avoiding, remedying or mitigating any adverse effects of activities on the environment; and

that proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement.

In this Act, a reference to green industry is a reference to—

any business activity for the production of goods or services that demonstrates, as far as is reasonably practicable, the application of the guiding principles set out in section 3A in the manner of production and the goods or services themselves; or

any business activity carried on in support of, or in connection with, an activity referred to in paragraph (a), including research and development, education and marketing.

Zero Waste SA continues as Green Industries SA.

Green Industries SA—

is a body corporate with perpetual succession and a common seal; and

is capable of suing and being sued in its corporate name; and

is capable of acquiring, holding, dealing with or disposing of real or personal property in its corporate name; and

has the functions and powers assigned or conferred by or under this Act.

Green Industries SA is an instrumentality of the Crown and holds its property on behalf of the Crown.

In the exercise of its powers, functions or duties, Green Industries SA is subject to the direction of the Minister except in relation to the making of a recommendation or report to the Minister.

Any direction given to Green Industries SA by the Minister must be in writing.

In this section—

personal property includes intellectual property.

The primary objectives of Green Industries SA are—

to promote waste management practices that, as far as possible, eliminate waste or its consignment to landfill; and

to promote innovation and business activity in the waste management, resource recovery and green industry sectors, recognising that these areas present a valuable opportunity to contribute to the State's economic growth.

Green Industries SA should, in furthering its objectives and in the exercise of its functions, have regard to—

the guiding principles set out in section 3A; and

the principle that government policies relating to waste management, resource recovery and green industry should be developed through a process of open dialogue with local government, industry and the community in which local government, industry and the community are encouraged to contribute to decision making.

The functions of Green Industries SA are—

to develop, co-ordinate and contribute to the implementation of government policy objectives in respect of—

waste management for regions, industry sectors and material types; and

programs for the prevention of litter and illegal dumping; and

market development (both local and overseas) for waste management, resource recovery and green industry; and

public and industry awareness and education in relation to waste management, resource recovery and green industry practices and systems; and

innovation in waste management, resource recovery and green industry; and

to develop, adopt and administer the waste strategy for the State; and

to monitor and assess the adequacy and implementation of the waste strategy; and

to commission, collaborate with, and provide assistance to, business in—

improving efficiencies in the use of resources (eg waste, energy and water) and reducing the adverse effects of waste on the environment; and

identifying business opportunities (including export opportunities) in waste management, resource recovery and green industry; and

research and development in relation to infrastructure, technologies, systems and practices for waste management, resource recovery and green industry; and

raising public and industry awareness of innovations or best practice in waste management, resource recovery and green industry; and

to develop and promote collaborative partnerships between industry, non-government organisations, the research sector, government agencies and all levels of government in connection with its other functions; and

to advise the Minister about any matter referred to it by the Minister or any matter it sees fit to advise the Minister on in connection with its responsibilities under this Act; and

such other functions as may be conferred on it by this Act or any other Act, or as may be assigned to it by the Minister.

Green Industries SA may carry out the functions referred to in subsection (1)(d) either—

directly with particular businesses that carry out the activities referred to in that provision; or

indirectly via an agent that funds, administers, represents or otherwise supports other businesses in carrying out those activities.

Green Industries SA may, in addition to any other powers conferred on it by or under this Act, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions and in particular—

may obtain expert or technical advice from a person on such terms and conditions as it thinks fit; and

may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit; and

may make use of information obtained by the Environment Protection Authority in the administration or enforcement of the Environment Protection Act 1993 (or the regulations or environment protection policies made under that Act), provided that the information is not, without the consent of a particular person or body, used in such a way as to divulge trade processes or financial information in a way that identifies, or would or might tend to identify or in any way be relatable to, that person or body.

Nothing in this Act will be taken to exclude the application of the Public Finance and Audit Act 1987 with respect to the performance or exercise of the functions or powers of Green Industries SA (including in connection with the management, investment and application of the Green Industry Fund).

The office of Chief Executive of Zero Waste SA continues as the office of the Chief Executive of Green Industries SA.

The Chief Executive is, subject to the control and direction of the Board, responsible for giving effect to the policies and decisions of the Board.

The Chief Executive will be appointed by the Governor, on conditions determined by the Governor, for a term, not exceeding 7 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for re-appointment.

The Governor may appoint a person (on terms and conditions determined by the Governor) to act in the office of Chief Executive of Green Industries SA.

A person appointed to act in the office of the Chief Executive under subsection (4)—

may act in that office during a temporary absence of the Chief Executive or while the office of the Chief Executive is temporarily vacant; and

has, while so acting, all the powers, duties and functions of the Chief Executive.

The Board of Zero Waste SA continues as the Board of Green Industries SA.

The Board is the governing body of Green Industries SA.

The Board is to consist of not less than 6 and not more than 10 members.

The Chief Executive of Green Industries SA is a member of the Board ex officio and the remaining members of the Board will be appointed by the Governor.

The Board's membership must include persons who together have, in the Governor's opinion, practical knowledge of, and experience in, the following areas (gained through involvement in business or government):

waste management, resource recovery or green industry;

ecological sustainability;

commercialisation of goods or services, entrepreneurship or other business development;

corporate governance;

community engagement;

marketing.

At least one member of the Board must be a woman and one a man.

The Governor may appoint a suitable person to be deputy of a member of the Board (other than the Chief Executive) and a person so appointed may act in the place of the member during any absence of the member.

An appointed member of the Board is to be appointed for a term, not exceeding 3 years, specified in the instrument of appointment and is, on the expiration of a term of office, eligible for re-appointment (subject to the qualification that a person cannot serve as a member for more than 9 consecutive years).

An appointed member of the Board is entitled to such remuneration, allowances and expenses as may be determined by the Governor.

The Governor may remove an appointed member of the Board from office for—

misconduct; or

neglect of duty; or

incapacity to carry out satisfactorily the duties of his or her office; or

failure to carry out satisfactorily the duties of his or her office.

An appointed member of the Board neglects his or her duty if the member fails to attend three consecutive meetings without the leave of the Board.

The office of an appointed member of the Board becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice addressed to the Minister; or

is removed from office by the Governor under subsection (3).

On the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office.