The Environment Protection Act 1993 is the main State legislation covering pollution and waste. The Act creates an Environment Protection Authority (EPA) - a statutory authority responsible for all aspects of pollution and waste. The EPA is run by a Board appointed by the State Government. The Act was passed in 1993, and came into operation in May 1995.

The Act sets out a framework for policy development as well as providing for a licensing regime for polluting or potentially polluting activities. Much of the detailed law setting out standards for pollution and waste are contained in Environment Protection Policies (EPPs) made under the Act. These EPPs have a similar status to Regulations and set out maximum pollution levels as well as other environmental standards. There is also provision for National Environment Protection Measures (NEPMs) to be incorporated into South Australian law as EPPs.

The objects of the Environment Protection Act 1993 include promoting ecologically sustainable development and ensuring that all reasonable and practicable measures are taken to protect, restore and enhance the quality of the environment. (s.10) Another objective is the integration of pollution and waste regulation with development control under the Development Act 1993. This is achieved through a system of referrals between development authorities (usually local councils) and the EPA. The Act also provides for a "one-stop-shop" where businesses can obtain most of the environmental approvals required for their operations.

The Environment Protection Act 1993 provides that a person must not undertake "a prescribed activity of environmental significance" without an environmental authorisation in the form of a licence under the Act. [s.36] Prescribed activities of environmental significance are listed in Schedule 1 of the Act and include many forms of manufacturing, primary production and waste generation. Under the Act, three kinds of environmental authorisations are created. These are works approval, licences and exemptions, however licences are by far the most common. A works approval is required for the construction or alteration of a building to be used for a 'prescribed activity of environmental significance' or the installation or alteration of equipment for such an activity. Approval will usually also be required under the Development Act 1993

An important regulatory mechanism under the Environment Protection Act 1993 is the creation of Environment Protection Policies (EPPs). These policies may be on any subject directed towards securing the objects of the Act. A number of EPPs were proclaimed shortly after the introduction of the legislation. These largely reflect earlier policies and regulations that existed prior to 1993. A number of new Policies have also been produced. The current Policies are set out below.

The particular forms of pollution and waste regulated by these Policies are discussed in more detail in the following sections.

Under the Environment Protection Act 1993 the definition of "pollution" includes noise pollution. This means that a person producing excessive noise could be in breach of the general environment duty under s.25. This could result in the issue of an Environment Protection Order or civil enforcement proceedings against the person responsible for the noise emissions.

Noise pollution may also cause environmental harm in which case the criminal offence provisions could be applicable. The Environment Protection (Noise) Policy 2007 provides more detail as to types and levels of noise that are acceptable under the Act. This policy has revoked the two existing noise policies: the Environment Protection (Industrial Noise) Policy 1994 and the Environment Protection (Machine Noise) Policy 1994. For further information on noise relating to domestic premises see Nuisance - Noise.

Air quality standards are incorporated into the Environment Protection (Air Quality) Policy 1994 and the Environment Protection (Burning) Policy 1994. Both Policies are under review and may be replaced with a new general “Air Quality” Policy.

Air pollution from “industrial” (non-residential) sources is regulated under the Environment Protection (Air Quality) Policy 1994 through the setting of maximum pollution levels for various types of air pollutants including particulate matter, heavy metals, oxides of nitrogen and sulphur and carbon monoxide. Any occupier of non-domestic premises (eg. factories) emitting levels greater than those set out in the policy is guilty of an offence.

Air pollution from domestic premises is covered by the Environment Protection (Burning) Policy 1994. Under this policy, various activities are prohibited including backyard incinerators in all metropolitan council areas and burning leaves in the street. The policy provides for a range of exemptions including cooking and campfires.

Pollution in the form of smoke can be measured in terms of its degree of darkness. The Environment Protection (Air Quality) Policy 1994 sets out the test for smoke based on the "Ringelmann Chart or the Miniature Smoke Chart" In relation to smells, it is an environmental nuisance offence for an occupier of premises to cause or to permit unreasonable odour to be emitted from the premises. Because odour is such a subjective matter, the law provides that odour is an environmental nuisance if an authorised officer gives evidence that the odour was emitted from a place occupied by the defendant and that the level, nature or extent of the odour was such that, in the officer's opinion, it caused an unreasonable interference with the complainants' enjoyment of their premises. The opinion of the officer can be controverted only by positive proof to the contrary. It is a defence to a charge to show that the odour could not have been prevented by any reasonable means.

Air Pollution from motor vehicles is a significant source of air pollution. New private motor vehicles have to comply with exhaust emissions standards established by a joint State and Federal body called the Australian Transport Council. The standards are called Australian Design Rules and are set out in the Road Traffic (Vehicle Standards) Rules 1999.

Water pollution is covered by a number of Acts including the Water Resources Act 1997, the Public and Environmental Health Act 1987, the Environment Protection Act 1993 and the Natural Resources Management Act 2004. However, the Water Resources Act 1997 has been made largely redundant since the implementation of the Natural Resources Management Act 2004 and now focuses mainly on the levies associated with taking water. The Natural Resources Management Act 2004 aims to promote sustainable and integrated management of the State's natural resources and to make provision for the protection of the State's natural resources. It provides for the protection and management of catchments and the sustainable use of water resources and seeks to try and restore degraded water resources. It is now one of the key pieces of legislation with regard to water pollution, setting out general rights in relation to water and the control of activities affecting water. It also provides for enforcement, such that any person guilty of a breach of the Act can be charged and face penalties of up to $70 000 for a body corporate or $35 000 for a natural person [Natural Resources Management Act 2004 s.127]. Under the Environment Protection Act, the sections relating to the protection of the environment (such as the General Environmental Duty (s.25) or the offence provisions) apply equally to air, water, noise or other types of pollution. The Act also makes special provision for protection of water quality in water protection areas.

The Environment Protection (Water Quality) Policy 2003 aims to improve the quality of water and water usage through legislated standards, guidelines and practice codes.

The Public and Environmental Health Act 1987 contains measures mainly aimed at preventing the contamination of water that is used for human consumption.

The Environment Protection Act 1993 also covers the global environmental problem of the thinning of the ozone layer caused by the use of various human-made chemicals such as CFCs. These provisions are found in sections 74 -78 of the Act and in the Environment Protection (Ozone) Regulations, 1994. These standards reflect similar Commonwealth laws, which give effect to our international treaty obligations under the Montreal Protocol and other international agreements. Under the Act, no person may manufacture, use, store, sell or offer for sale or dispose of a prescribed substance unless they are the holder of an authorisation granted by the EPA. Prescribed substances include chlorofluorocarbons and halons as set out in Schedule 1 of the Ozone Protection Act 1989 (Cth), together with any other substance which may be prescribed by the Environment Protection (Ozone) Regulations, 1994 or the Environment Protection Act 1993. Under the Ozone Protection Act 1989 (Cth), the Commonwealth has provided for a system of licences and tradeable quotas for import and export of chlorofluorocarbons (CFCs) and halons and controls the use and manufacture of certain substances so as to limit their emission.

The Environment Protection Act 1993 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 - "listed waste".

A list of the types of waste the generation of which requires 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.

The Environment Protection Act 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.

Under the Environment Protection Act 1993, penalties for breaches of pollution and waste laws are severe. Undertaking a prescribed activity of environmental significance without a valid EPA licence or breaching a condition of a licence carries a maximum fine of $60 000 for a person or $120 000 for a body corporate [ss.35, 36].

Where a person pollutes the environment (noise, air, water, waste) the penalty will depend on a variety of factors. A person who intentionally or recklessly causes (knowing that it will or may cause) serious environmental harm, may be fined up to $500 000 or jailed for four years (or both). A body corporate may be fined up to $2 000 000. Where there is no intention or recklessness, the maximum fine for a person is $250 000 and for a body corporate, $500 000 [Environment Protection Act, 1993 s.79]. Serious environmental harm occurs if:

A person who intentionally or recklessly causes (knowing that it will or may cause) material environmental harm may be fined up to $250 000 or be jailed for two years (or both) while a body corporate may be fined up to $500 000. If material damage is caused and there was no intention, a person may be fined up to $150 000 and a body corporate $250 000 [Environment Protection Act, 1993 s.80]. Material environmental harm occurs if:

People who intentionally pollute the environment or recklessly cause an environmental nuisance may be fined up to $30 000 [Environment Protection Act, 1993 s.82]. An environmental nuisance includes:

This may include many common problems experienced by people in residential areas. Where a body corporate commits an offence, any officer of the body corporate who did not take all reasonable and practical prevention measures will be guilty of an offence and may receive the same fine as would be received by a person committing the offence, although they will not face imprisonment. The officer may be prosecuted even if the body corporate is not [Environment Protection Act, 1993 s.129].

The EPA has the power to issue an “Environment Protection Order” [EPO] where it considers it necessary to ensure compliance with the Act. The order will specify what actions need to be taken (or that need to be stopped) and a person who fails to comply with an order may be fined [Environment Protection Act, 1993 s.93]. In addition, the EPA may take whatever action is required in the order and recover the cost, from the person. Where someone causes environmental harm, in addition to any other penalty that may be imposed, the EPA may will be able to issue a Clean Up Order specifying what action needs to be taken. If the order is not complied with a person may be fined up to $60 000 while a body corporate may be fined up to $120 000. The EPA may also carry out the action specified on the order and recover the cost from the person [Environment Protection Act, 1993 ss.99-103].

A person served with an Environment Protection Order or a Clean Up Order will have fourteen days to appeal to the Environment Resources and Development Court against the order.

Either the EPA, a person affected by the actions of another or any other person (with the permission of the court) may apply to the Environment Resources and Development Court for orders. The court may order a person who has breached the Act or caused environmental damage to:

In addition to the Environment Protection Authority's power to issue an environmental protection order, officers from a local council, the Environment Protection Authority, or the police, may when urgent action is required to protect the environment, issue an emergency environmental protection order. Orders can be given orally or in writing and lapse after 72 hours, unless the Environment Protection Authority issues an environmental protection order in writing. These "emergency orders" are most commonly used by the police to shut down noisy parties.