The Environment Protection Act 1993 (SA) requires EPA licencing for waste depots, rubbish tips, recycling operations and waste transporters. As well as those actively engaged in the waste management business, EPA licences are also required by those operations which generate certain types of waste - (i.e. listed waste).
A list of the types of waste the generation of which require a licence is found in part B of schedule 1 of the Act and includes most chemicals and compounds likely to cause harm to the environment if not disposed of correctly. Listed waste produced from domestic premises and certain types of business (mainly small business) are not covered by these licensing requirements, however all waste must be disposed of so as not to cause environmental harm.
Domestic rubbish collection is the responsibility of local councils (in urban areas) or individual householders (in country areas). Any rubbish put out on the street for collection (including hard rubbish) becomes the property of the council under the Local Government Act 1999 (SA).
The Environment Protection Act 1993 (SA) also contains the laws relating to South Australia's beverage container deposit system. This is the system whereby deposits of five, ten or twenty cents are payable (and redeemable) on certain types of drink containers. Under the Act, it is an offence to sell a beverage in a container that is not marked in a manner approved by the Minister. It must clearly show the refund amount applicable. A retailer who sells beverages in glass containers of a particular description (that is, with a brand name or other product identification) is required to accept delivery of any containers of that particular description and pay the appropriate refund to the person delivering the container, unless the container is unclean.
For information about offences and penalties regarding litter control under the Local Nuisance and Litter Control Act 2016 (SA) see Litter Control.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.