Cutting Red Tape for the sake of cutting Red Tape

Earlier this year the Office of Best Practice Regulation (OBPR) delivered its final report, Measuring and Reducing the Burden of Red Tape, which aimed to identify key priority areas and a structure for achieving regulatory reform in Qld.

The OBPR was set up by the Qld Government soon after the State election to drive regulatory reform.

Key functions of the OBPR are:

·       Assessing the adequacy of proposed regulation using the Regulatory Impact Statement (RIS) System.

·   Communicating with government agencies and providing advice on how to ensure that regulatory approaches minimise the burden of regulation.

·     Undertaking reviews of policies and regulations that create a burden for business, government, and the community. The first step in this process involves reporting to Government on a framework for  reducing the burden of regulation

·     Implementing a permanent mechanism for businesses and community organisations to raise issues in relation to any regulatory matters. any regulatory matters

The Qld Government's Response to the OBPR's Final Report on Measuring and Reducing the Burden of Red Tape and Regulation can be found at -http://www.qca.org.au/Obpr/rbr/

The Qld Government has supported, either in full or in part, 98% of the recommendations in the OBPR’s Final Report. The Response provided a framework for achieving the Qld Government’s arbitrary target of reducing red tape by 20%.

The Qld Government appears to be cutting Red Tape for the sake of cutting Red Tape.  In doing so, decision making is being centralised into the Department of State Development and Infrastructure Planning in a way that we have not seen since the early 1980's. 

As part of these reforms, Ministers and Directors-General have been allocated red tape reduction targets for their portfolios.

The Qld Government has begun progressing more than 400 red tape reduction initiatives.  250 of them have been completed. This ranges from major legislative reforms to specific administrative arrangements.

The Qld Government has attempted to reduce costs in domestic dwellings, by removing the requirement for rainwater tanks, six-star energy ratings and electric hot water systems on new homes.

The Qld Government claims to be streamlining the development approvals process, predominantly through changes to elements of planning legislation:

·       The Sustainable Planning and Other Legislation Amendment Act 2012 (SPOLA Act) and the State Assessment and Referral Agency (SARA)

·       A single State Planning Policy

·       Changes to the local infrastructure contributions framework.

One of the first initiatives was the removal the waste levy, in order to save businesses millions of dollars a year in reduced paperwork and compliance costs. However, removal of the waste levee, also led to the loss of the associated waste reduction programs and has led to an influx of waste from interstate.

The Qld Government claims streamlining the approvals process for all Environmentally Relevant Activities (ERA) has saved affected businesses on average $20,000 in application costs, 150 pages of paperwork and 68 days of processing time.

Standard environmental authority applications for certain lower-risk activities are subject to simpler eligibility criteria and standard conditions.  EHP has released the proposed eligibility criteria and standard conditions for 19 prescribed ERAs—including screening, small sewage treatment plants & meat processing—for public consultation.

Standard conditions include performance and outcome based criteria.  For example and put in brief these conditions include:

·     The site must have written procedure/s that:

·       Identifies potential risk during operations and emergencies

·       Establishes control measures to minimise environmental harm

·       Trains staff and reviews performance

·       The site must not cause environmental nuisance at sensitive places (e.g. complaints from neighbours on odour, dust and noise)

·       Noise control includes no auditable noise from 7 pm to 7 am except Sundays from 7 pm to 8 am on to sensitive places such as dwellings, hotels or residential places, schools, hospitals or medical centers.

·       Store all chemicals >15 L in bunds

·       Manage stormwater to prevent or minimise environmental impacts

·       Implement sediment and erosion control measures

·       Store or remove wastewater if soil conditions or wet weather prevent release

·       On site closure the site be rehabilitated and not discharge contamination to waters and the land is safe for fauna and humans

These default conditions are likely to form the basis for the site-specific application.  While simple some can be considered quite strict and should be carefully reviewed. 

Companies looking to operate in Queensland will be facing the new criteria which is generally outcome focused and less concerning on the processes used to achieve these environmental outcomes.

Refer to the Consultation information sheet for further information on preparing your submission.  Submissions close 19 August 2013.

The Government claims that vegetation management reforms give landholders more control over their land and ensure primary producers can get on with growing their businesses without being hindered by unnecessary bureaucracy. 

In 2006, clearing of remnant vegetation to create pastures for agriculture was the principal activity that was stopped and which previously accounted for the vast majority of land clearing.

The high rates of land clearing and habitat fragmentation prior to 2006 in Australia, particularly in Qld, have been identified in State of the Environment reports as the single most significant threat to terrestrial biodiversity in Australia and Qld. For example, the State of the Environment Queensland 1999 reported:

The factor contributing most to the loss of biodiversity in Queensland has been and continues to be the destruction of native habitat by broadscale land clearing. Immediate effects on biodiversity include the removal or killing of species, the most obvious being plants, and the rapid reduction in habitat for other species. Habitat loss is a major factor in loss of woodland bird diversity in Australia: it has been estimated that 1000–2000 birds die for every 100 ha of native bushland cleared

Broadscale land clearing not only reduces the extent and diversity of natural ecosystems but also fragments them into remnant patches that, in many cases, are too small and too isolated to maintain viable populations of species.

Fundamentally, the objective is to change the culture of Government to one that actively reduces red tape, as well as addressing the systemic causes of over-regulation.  It remains to be seen if the pendulum swings too far towards politicized processes or an over-reliance on self regulation

State Planning Policy: Coastal Protection

State Planning Policy: Coastal Protection

Last week’s blog post examined the Newman Government’s legislative amendments to the Sustainable Planning Act 2009 (SPA).

The Qld Government has demonstrated commitment to “fast tracking” the processing of development applications.

State planning policies were planning instruments; under the previous Government that former Minister Stirling Hinchliffe (or any minister in conjunction with the planning minister) would make to protect things that are of interest to the State.

When local councils were developing their local planning scheme, they were required to ensure that the planning scheme reflects the elements outlined in a state planning policy. If there was a discrepancy between a local planning scheme and a state planning policy, then what was outlined in the state planning policy overrode the planning scheme.

The Newman Government is now establishing a new approach to state planning policies. The new approach means that one single state planning policy will be developed to replace the various current state planning policies in existence.

One of these policies being replaced is the State Planning Policy 3/11: Coastal Protection (the SPP), which was one of the last initiatives of the previous Bligh Government, prior to the State Election in March 2012.  It was the intention of the previous Government to establish a Qld Coastal Plan as part of the the state’s policies in relation to matters of state interest relating to coastal protection.

The Newman Government believes that the applications of the SPP policies are in conflict with the Qld Government’s agenda to fast track development (and to grow the four pillars of Queensland’s economy). 

Deputy Premier Jeff Seeney said that the World Wildlife Fund and the Wilderness Society were being deliberately alarmist in their claims about changes to the Qld Coastal Plan. 

A draft State Planning Regulatory Provision (SPRP) was introduced by the Newman Government in October 2012.

The Department of State Development and Infrastructure Planning is working with the Department of Environment and Heritage Protection and various stakeholders to review the Queensland Coastal Plan. Mr Seeney said the draft SPRP would be in effect for 12 months while a new Single State Planning Policy was prepared. 

“We gave a clear commitment in our Property and Construction Strategy during the election campaign that we would revisit the Bligh Government’s last minute changes to the coastal plan and that we would reform the entire planning regime in Queensland,” Mr Seeney said.  He went on to say that:  “Claims that the draft SPRP lowers environmental protections are nothing more than the usual baseless, sensational rantings of radical green groups which will do or say anything to further their aims.” 

The current situation for applications is as follows:

The State Planning Regulatory Provision (SPRP)  will apply to the assessment of development applications and master plan applications that are properly made when this Coastal Protection Draft State Planning Regulatory Provision (the Draft SPRP) commences.  The provisions set out in this draft SPRP are based on the state coastal management plan policies that were in place before the introduction of the State Planning Policy 3/11: Coastal Protection (the SPP),. This draft SPRP will apply while the full review of the Queensland Coastal Plan is undertaken.

The final State Planning Policy will set out policies about matters of state interest that are to be dealt with through the planning and development assessment system.

The Department of State Development and Infrastructure Planning are seeking feedback in respect of the document entitled 'Draft Proposed State Interests – Part 1 of the State Planning Policy' which is currently released for consultation during November 2012.

The consultation document is Part 1 in the development of the State Planning Policy.

During the current consultation phase one is invited to comment on the state interests presented in the document and repeated in the feedback form.

The draft State Planning Policy and associated supporting material needed to implement the state interests will then be available for formal public consultation starting in early 2013.

All feedback received will be reviewed and directly inform the drafting of the new State Planning Policy.

For written and email submissions, please use the contact details and form listed on the DSDIP website.
      

 Feedback form
Use this form to send your response to DSDIP in the post or via email.

·         Draft Proposed State Interests – Part 1 of the State Planning Policy

·          

EPBC

By agreement through COAG, the Australian Federal Government will hand back its powers to approve mining projects and developments that affect matters of national environmental significance to state and territory governments by March next year. These matters include threatened species and World Heritage.

The Federal Government's plans have created so much alarm that last week Sir David Attenborough and Dr Bob Brown joined 31 other prominent naturalists in urging the Prime Minister not to undermine environment protection in Australia and delegate  our responsibilities for the environment to the states.

removing "ecologically sustainable" from ESD

The Queensland Government is committed to more effective and efficient processing of development applications. 

These changes will be implemented through legislative amendments to the Sustainable Planning Act 2009 (SPA).

Read more about the Sustainable Planning Act 2009

The Sustainable Planning and Other Legislation Amendment Bill 2012

The Sustainable Planning and Other Legislation Amendment Bill 2012 was passed by Parliament on 13 November 2012.

At planning reform forums in May to July 2012, local governments, the development industry and environmental sector representatives identified that a number of concepts and processes within Queensland's planning and development system could be improved. This information is being used to identify priorities for change over the next 6 to 24 months.

The Bill seeks to achieve planning reform by:

• improving the coordination and responsiveness of state government in dealing with particular development applications (proposing development within or partially within state jurisdiction)
• removing ineffective master planning and structure planning arrangements
• reducing regulatory 'red tape' for development applications involving a state resource
• providing some flexibility to accept a development application where not all the mandatory supporting information has been provided
• providing that certain provisions within the Queensland Planning Provisions also apply to local government planning schemes made under the Integrated Planning Act 1997 (repealed)
• enabling the Planning and Environment Court to order costs in certain circumstances
• introducing an alternative dispute resolution process in the Planning and Environment Court for minor disputes which will enable these disputes to be resolved more quickly.

State planning policies

The Queensland Government is establishing a new approach to state planning policies that simplifies and clarifies the state's interests. The new approach means that one single state planning policy will be developed to replace the various current state planning policies in existence.

Water, Waste, Mine Fine

 Long Term Water Planning

 

The Qld Government is committed to releasing a discussion paper for a 30 year plan for Queensland’s water sector over the next six months.

The Newman Government has announced that a 30-year vision for affordable, secure, sustainable and high quality water, sewerage and sewage treatment services is being developed as part of the Six Month Action Plan.

Energy and Water Supply Minister: Mark McArdle said planning for Queensland’s future water sector was critical to delivering a reliable and cost effective water and sewerage service and to maintaining business growth and lifestyle choices.

A long-term water plan to harness the benefits and reduce the risks associated with Qld’s naturally-occurring climate (drought and flood), is an integral part of the Qld Government’s plan for growth.

The Newman Government is highly critical of the former Government’s SEQ Water plan. $7 billion was spent on the Western Corridor Water recycling scheme, a desalination plant on the Gold Coast and a (so-called) water grid.

It is easy to be critical in retrospect (following the floods in 2011) but the reality of the situation in 2009 was 7 years of consecutive drought.

Now the Department of Energy and Water Supply is working with other state departments and agencies to prepare a ‘whole-of-government’ discussion paper on the challenges and opportunities facing Qld’s water, sewerage and sewage treatment system.

One challenge to realising a clear 30-year water supply plan for Queensland is navigating the complex institutional arrangements (referred to by the Minister as a legislative, bureaucratic and jurisdictional maze).

The Queensland Water Sector Discussion Paper, to be released in December 2012.

The discussion paper will consider water security and reliability, public health and safety, environmental outcomes, liveability (integrated water and land-use planning), industry resilience (including industry skills), water for Queensland industries (including agriculture and mining), partnerships and engagement, and affordability.

Local Government Association of Queensland President Paul Bell said the Government had promised to work with local councils in establishing a 30 year vision for the state’s water and sewerage services.

He said Water and Energy Supply Minister Mark McArdle understood the need for proper and inclusive planning to ensure the state’s future water supply and sewage transport and treatment systems operated efficiently and effectively.

Cr Bell said the LGAQ had long been urging successive governments to streamline regulatory and reporting arrangements covering water and it was good that Mr McArdle’s had pointed to navigating the existing bureaucratic and legislative maze as the biggest stumbling block to water reform.

Work on the plan, which the Government has said was aimed at delivering affordable, secure, sustainable and high quality water and sewage transport and treatment services, will include extensive consultation with utilities, industry experts, business and the community. 

Waste Levy Media Frenzy

One of the first tasks for the new Environment Minister – Andrew Powell was given was to repeal the former Government’s Waste Levy.

The previous Labor Government only recently introduced a Waste Tax in December 2011, with a focus on reducing waste & promoting improved resource recovery.

The Waste Reduction and Recycling Act 2011 was introduced as an industry waste levy to create a price signal to encourage waste generators to focus on waste avoidance & resource recovery & to discourage unnecessary landfill disposal.

The levy was designed to ensure a level of consistency with waste disposal costs in other states to deter unnecessary disposal of interstate waste in Queensland.

It remains to be seen if the Qld LNP Government can find alternative funding streams to deliver an industry driven waste strategy as part of the budget process.

This week, Tony Moore contacted ASBG to ask for a comment on the increase of waste being trucked into Queensland as a result of the removal of the $35/t Waste Levy.

The next day, this story appeared in the Brisbane Times.

ASBG was invited to be interviewed on ABC Local Radio Station: 612Brisbane.

This story aired on Steve Austin's Morning Program.  A little later this story appear in the Telegraph.   Gary Hargraves from 4BC chatted to ASBG briefly on his drive program.

ASBG don't fore see the Qld Government backing down on the removal of the waste levy in this term of Government.   The NSW Government is set to increase their levy.

Mine Fine

A North-West Queensland mining company was fined $500,000 and ordered to pay approximately $83,000 in investigation costs for unlawfully causing serious environmental harm as a result of uncontrolled discharges of highly contaminated water from its mine site in early 2009.

The Prosecution bulletin no. 3/2012 has been published on the EHP website. 

Mark McArdle: poo, wee and lifestyle choices

Is Mark McArdle taking an interest in Lifestyle Choices?

Minister for Energy and Water Supply
The Honourable Mark McArdle

Thursday, August 23, 2012

30-year Queensland water plan in pipeline

The Newman Government has announced a 30-year vision for affordable, secure, sustainable and high quality water and sewerage services is being developed as part of the Six Month Action Plan.

Energy and Water Supply Minister Mark McArdle said planning for Queensland’s future water sector was critical to delivering a reliable and cost effective water and sewerage service and to maintaining business growth and lifestyle choices.

“Delivering a long-term water plan to harness the benefits and reduce the risks associated with our State’s naturally-occurring climate (drought and flood), is an essential part of our plan for growth,” Mr McArdle said.

“In contrast, Labor’s failure to plan resulted in the south east Queensland water supply crisis, followed by a panicked, $7 billion investment in redundant water assets and massive price hikes.”

Mr McArdle said his department was working with other state departments and agencies to prepare a ‘whole-of-government’ discussion paper on the challenges and opportunities facing Queensland’s water and sewerage supply system.

“The biggest stumbling block to realising a clear 30-year water supply plan for Queensland is navigating the legislative, bureaucratic and jurisdictional maze,” he said.

“Water is not something that simply comes out of a household tap and goes down a drain.

“Sewerage management is a key cost to water businesses and has significant environmental impacts. We need to consider the broader water cycle and how to best implement solutions.”

Mr McArdle said he looks forward to hearing the views of the local government sector, especially water and sewerage service providers, industry experts, community and businesses.

“The success of Queensland’s water future relies on government, industry and the community considering the challenges and solutions together,” he said.

The Queensland Water Sector Discussion Paper, to be released in December 2012, will consider water security and reliability, public health and safety, environmental outcomes, liveability (integrated water and land-use planning), industry resilience (including industry skills), water for Queensland industries (including agriculture and mining), partnerships and engagement, and affordability.