South Australia
Environment Protection (Water Quality) Amendment Policy 2018
under section 28 of the Environment Protection Act 1993

Contents
Part 1—Preliminary
1	Short title
2	Amendment provision
Part 2—Amendment of Environment Protection (Water Quality) Policy 2015
3	Insertion of clause 13A
13A	Prohibited firefighting foam and foam products

Part 1—Preliminary
1—Short title
This policy may be cited as the Environment Protection (Water Quality) Amendment Policy 2018.
2—Amendment provision
In this policy, a provision under a heading referring to the amendment of a specified policy under the Environment Protection Act 1993 amends the policy so specified.

Part 2—Amendment of Environment Protection (Water Quality) Policy 2015
3—Insertion of clause 13A
After clause 13 insert:
13A—Prohibited firefighting foam and foam products
	(1)	A person must not use, or cause or permit the use of, a prohibited firefighting foam.
Mandatory provision: Category A offence.
	(2)	A person must not fill, or cause or permit the filling of, a fire extinguisher with a prohibited firefighting foam product.
Mandatory provision: Category B offence.
	(3)	A person who refills, or causes or permits the refilling of, a fire extinguisher must ensure that, before transitioning the fire extinguisher from a prohibited firefighting foam product to a firefighting foam product that is fluorine-free—
	(a)	the fire extinguisher is thoroughly cleaned so as to remove, as far as reasonably practicable, any residual prohibited firefighting foam product or prohibited firefighting foam; and
	(b)	any prohibited firefighting foam product, prohibited firefighting foam or wastewater produced in the cleaning process is collected, securely contained and disposed of to a facility, or stored in a manner, approved by the Authority.
Mandatory provision: Category B offence.
	(4)	A person must not supply a firefighting foam product unless the producer's certification of its fluorine content is clearly displayed on a label or document provided with the product.
Mandatory provision: Category B offence.
	(5)	Subclause (1) does not apply until the relevant day in relation to the use of a prohibited firefighting foam by means of—
	(a)	a large fire extinguisher; or
	(b)	a small fire extinguisher, provided that the firefighting foam product used to produce the prohibited firefighting foam was in the fire extinguisher before the commencement of this clause.
	(6)	Subclause (2) does not apply until the relevant day in relation to the filling or refilling of a large fire extinguisher. 
	(7)	In this clause—
class A fire means a fire involving ordinary combustible material (other than liquids or gases) including wood, paper, cloth, plastics, rubber or other material comprised of organic carbon based compounds;
class B fire means a fire involving flammable or combustible liquids (and their fumes) including gasoline, petroleum, grease, oils, paints or other material with a low flashpoint;
fire extinguisher means a small fire extinguisher or large fire extinguisher;
firefighting foam means foam for preventing, controlling or extinguishing a class A or class B fire;
firefighting foam product means a concentrate or aqueous solution for use in a fire extinguisher for the production of firefighting foam;
large fire extinguisher means a fire extinguisher with a capacity of 90L or more, and includes—
	(a)	a fire extinguishing system on a fire truck; and
	(b)	an on-site fixed fire extinguishing system; and
	(c)	any pumps, pipes, hoses, nozzles, sprinklers, storage containers and any other equipment associated with such systems;
prohibited firefighting foam means firefighting foam produced from a prohibited firefighting foam product;
prohibited firefighting foam product means a firefighting foam product that contains a fluorinated organic compound or compounds, but does not include a firefighting foam product that is fluorine-free;
relevant day means the second anniversary following the day fixed by the Governor for this clause to come into operation;
small fire extinguisher means a fire extinguisher with a capacity of less than 90L, and includes a hand-held or mobile fire extinguisher.
Made by the Governor
with the advice and consent of the Executive Council
on 30 January 2018
18MSECCS003