Draft State Planning Policy

Draft State Planning Policy

A reminder: a new draft State Planning Policy has been released for consultation until 12 June 2013.

The Qld Government is committed to establishing a new approach to state planning policies that simplifies and clarifies state interests.

This new approach means that a single state planning policy has been developed to replace the multiple policies in existence.

If you would like to view the draft SPP, please visit the Department of State Development, Infrastructure and Planning website.

oil and gas Safety and Health Fee

I note a trend in State Governments where administrative costs are extracted from the industry sectors they oversee.

I am interested in your views on the changes in the oil and gas industry with the new fee structure.  What are the implications for your industry?

Will the proposed changes make environmental compliance simpler? Will fees provide a stable funding base to deliver critical safety and health functions?

The Petroleum and Gas Safety and Health Fee was introduced on 1 July 2010.

The fee system was designed to cover the cost of the State Government’s activities carried out for the purpose of safety and health for petroleum and gas operations in Qld.

There was a revision of the way the Petroleum and Gas Inspectorate was funded.

Since then, there has been a restructure the State Government departments.  Depending on where one is operating and what one is doing, Petroleum and Gas operators will also be subject to laws for:

·        environmental protection,

·        land protection,

·        native title,

·        strategic cropping land.

A discussion paper was circulated to stakeholders in early 2012 to allow industry to provide comment on whether there were any unintended overlaps in the fees, whether the fee system covered all industry sectors effectively and whether the fees could be more efficiently applied or administered. As a result of that consultation it is proposed to further amend the fee system.

The unprecedented growth in the size and complexity of Qld's onshore petroleum industry required the regulator to extend its regulatory operation to keep pace.

Now, Industry is encouraged to provide comment on a discussion paper, ‘Petroleum and Gas Safety and Health Fee - Post Implementation Review and Regulatory Impact Statement.’

The consultation process is being used to assess the impacts of recommended amendments to regulations for the Petroleum and Gas Safety and Health Fee.  The adjustments to the Petroleum and Gas Safety and Health Fee were designed to better reflect the range and level of compliance checks required for various industry activities.

The Department of Natural Resources and Mines inspectorate carries out audits, inspections and investigations of petroleum exploration and production, pipelines, automotive LPG, gas users, and licensing for the installation and servicing of domestic, commercial and industrial gas devices. The following permits are governed by the Petroleum and Gas (Production and Safety) Act 2004 and Petroleum and Gas (Production and Safety) Regulation 2004:

·        authority to prospect,

·     petroleum lease (this lease is also governed by the Petroleum Act 1923 and Petroleum Regulation 2004),

·        petroleum potential commercial area,

·        petroleum survey licence,

·        petroleum pipeline licence,

·        petroleum facility licence,

·        data acquisition authority,

·        water monitoring authority.

So why has such new fees been introduced?  In brief: to cover revenue and allocation shortfalls.  The downside in this approach is if that industry sector shrinks, will the scale of the administration also shrink too?

The Petroleum and Gas Safety and Health Fee is expected to raise about $7.1 million next financial year.

The Qld Government’s proposed fee restructure aims to recover costs in proportion to the supervision & intervention required by the inspectorate in areas such as exploration, production and distribution. 

The fee restructure also aims to assist the industry to cover the full cost of running the specialist inspectorate as the Qld Government attempts to reduce the industry’s compliance costs.

The fee goes towards the employment of additional inspectors, continuous staff training and administration of the compliance services.

Inspectors conducted almost 3,500 audits and inspections last financial year.  Petroleum and gas inspectors investigated almost 530 accidents and incidents in 2011-12, involving more than 50 injuries but no fatalities.

Proposed measures include annual returns instead of quarterly reports and a better explanation of the 15 fee categories used to determine companies’ fees.

These changes are based on feedback to the Qld Government through consultation with industry operators.

For more information visit the Department of Natural Resources and Mines website

Vegetation Management Amendment

The Vegetation Management Framework Amendment Bill 2013 was referred to the Qld State Development, Infrastructure and Industry Committee for consideration.  The committee was headed up by the Honourable David Gibson.  

A report was tabled to the House on Tuesday 14 May 2013, recommending the Bill be passed.

The Bill proposes to remove regulations regarding regrowth control on freehold and indigenous land, these regulations will still apply to leasehold land and in reef watercourses.

While it seems inevitable that this legislation will be passed by the Qld LNP Majority Government any day now, it would be nice to have some sensible discussion of the issues.

At one end of the spectrum, the World Wide Fund for Nature are running television and radio advertisements, which they say aims to prevent one of the largest environmental rollbacks in Australia’s history.

At the other end: AgForce's reinstated the AgForce Vegetation Management Committee have been gathering information on their perceived limitations of the current Vegetation Management Act 1999. AgForce are seeking public support for farmers in their bid to sustainably produce food. AgForce are painting Vegetation Management legislation as an unworkable administrative burden.

Budget, Clean Tech, Carbon, EPBC

Federal Clean Technology Investment Program

In March 2013, Climate Change functions of the former Department of Climate Change and Energy Efficiency (DCCEE) were transferred to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE).

One outcome in the Portfolio Budget Statements is continued support of the 2013-14 Budget under the Industry, Innovation, Climate Change, Science, Research and Tertiary Education portfolio  was the decision to retain funding for the Clean Technology Investment Program.

Funding for the program will actually increase from $167m in 2013/14 to $376m in 214/15.  This is one of few winners in the carbon reduction grant programs.

Carbon Price

The Federal Government has significantly reduced its forecasts for the carbon price.  The budget is based onarbon trading commencing in July 2015.  The forecasts for the carbon price have been reduced from $29 in 2015/16 to $12.10.

The fall in revenues from the carbon tax have led to reductions or deferrals:

·       $225.4m will be deferred and $32.3m redirected from the Biodiversity fund

·       $370m will be deferred from the Australian Renewable Energy Agency (ARENA),

·       $58 million in funding for the Clean Technology Program moved to 2017-18.

·       Carbon capture and storage will be wound up and

·       Coal industry assistance programs have been shelved.

Note that the personal income tax cuts which were to begin in July 2015 to help with the flow on of costs of the carbon to consumers, have been deferred until carbon price estimates reach $25.40. The new estimate for 2015-16 is just $12.10.

ASBG also notes the Coalition has also flagged that its Direct Action Policy requiring $3.5 b is also under threat due to the short fall in tax revenue.  It appears that many of the government funded carbon based programs are in for a tough time, regardless of whoever wins the next election.

EPBC

One of the key strategic priorities for Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC) is: ensuring efficient and effective environmental regulation in cooperation with stakeholders, especially in relation to protecting matters of national environmental significance and improving the delivery of regulatory services under the EPBC Act.

It would appear that DSEWPaC will continue to administer the EPBC Act in 2013–14, rather than devolve all these responsibilities to State Governments.

DSEWPaC recently announced  proposed amendments to the EPBC Act undertake environmental assessment and approval for coal seam gas and large coal mining developments that are likely to have a significant impact on water resources.

The Budget provides $38 million to implement environmental law reforms: streamlining legislation and leading to better environmental outcomes and stakeholder cooperation.  This appears to follow on with the COAG agreements to reduce overlap between Federal and State Governments. 

A letter to the Natural Resources Minister on Land Clearing

The Honourable Andrew Cripps

Minister for Natural Resource Management

cc: The Premier and the Member for Brisbane Central and VM Enquiries

Dear Minister Cripps,

Twenty-seven academics from universities across Queensland with expertise in biodiversity conservation and sustainable development are urging Premier Campbell Newman to reconsider proposed changes to the Vegetation Management Act.

The scientists are expressing grave concerns about the future impacts of proposed changes to Queensland’s Vegetation Management Act and theWater Act. There are warnings of devastating habitat and species loss if changes to the state’s land clearing laws go ahead.

The concerned scientists believe amendments will include allowing a new category of broad scale native vegetation clearing and remove the protections which previously prevented clearing of mature regrowth of threatened plant communities and of vegetation along many watercourses.

I understand that you are assuring Queenslanders that the package of reforms will maintain key environmental protections such as buffer zones along creeks and rivers in sensitive reef areas.

My concerns about the changes to Vegetation Management include:

·       Land clearing is the greatest current threat to Australia’s biodiversity,

·       Vegetation loss is a major contributor to greenhouse gas emissions,

·       degradation and reduced water quality in waterways and estuaries,

·       dryland salinity and

·       lost ecosystems.

I realise the changes the Qld Government are proposing to make to vegetation management laws are intended to support growth in agricultural production, provide jobs and boost regional economies. However, restoration of lost ecosystems can cost more than $20,000 per hectare. Avoiding the loss of ecosystems in the first place is far more cost-effective.

The World Wide Fund have produced a report that provides the first estimates of environmental values potentially placed at-risk of renewed clearing due to the proposed changes to land clearing legislation in Queensland.

I would appreciate a response to my concerns and those of the 27 Qld academics.

your's sincerely,

Rowan Barber

Vegetation Clearing and Enviro Offsets

Vegetation Clearing Legislation

Twenty-seven academics from universities across Queensland with expertise in biodiversity conservation and sustainable development are urging Premier Campbell Newman to reconsider proposed changes to the Vegetation Management Act.

The scientists are expressing grave concerns about the future impacts of proposed changes to Queensland’s Vegetation Management Act and the Water Act. There are warnings of devastating habitat and species loss if changes to the state’s land clearing laws go ahead.

The concerned scientists believe amendments will include allowing a new category of broadscale native vegetation clearing and remove the protections which previously prevented clearing of mature regrowth of threatened plant communities and of vegetation along many watercourses.

However, Minister Cripps claims the package of reforms will maintain key environmental protections such as buffer zones along creeks and rivers in sensitive reef areas.

The concerns of the Scientists about the changes to Vegetation Management include:

·       Land clearing is the greatest current threat to Australia’s biodiversity,

·       Vegetation loss is a major contributor to greenhouse gas emissions,

·       degradation and reduced water quality in waterways and estuaries,

·       dryland salinity and

·       lost ecosystems.

The changes the Qld Government are proposing to make to vegetation management laws are intended to support growth in agricultural production, provide jobs and boost regional economies. However, restoration of lost ecosystems can cost more than $20,000 per hectare. Avoiding the loss of ecosystems in the first place is far more cost-effective.

Green groups are coming under fire from the Minister for Natural Resources and Mines for opposing these changes.

The World Wide Fund have produced a report that provides the first estimates of environmental values potentially placed at-risk of renewed clearing due to the proposed changes to land clearing legislation in Queensland

Successive Qld Governments in the 1990s to 2009 bought in laws which provided strong protection for bushland. Before the Vegetation Management Act came into effect Qld was experiencing some of the highest rates of clearing in the world – similar to Brazil’s clearing of the Amazon. Once the new laws started to take effect clearing rates declined from a massive 750,000ha a year before laws were introduced in 1999 to 77,590ha in 2009-10.

An amendment bill was introduced into parliament in March and referred to the parliamentary committee for State Development, Infrastructure and Industry, which is due to report back on this week.

Environmental Offset Policy Review

Environmental offsets were originally established to replace environmental values lost through development.  At the moment, the Qld Government has five Environmental Offset Policies:

·       Qld Government Environmental Offsets Policy (administered by Department of Environment and Heritage Protection –offsets@ehp.qld.gov.au)

·       Qld Biodiversity Offset Policy (administered by Department of Environment and Heritage Protection –offsets@ehp.qld.gov.au)

·       Offset for Net Gain of Koala Habitat in South East Qld Policy (administered by Department of Environment and Heritage Protection - seqkoala@ehp.qld.gov.au)

·       Policy for Vegetation Management Offsets (administered by Department of Natural Resources and Mines –vmenquireis@dnrm.qld.gov.au)

·       Marine Fish Habitat Offset Policy (administered by Department of Agriculture, Forestry and Fisheries)

General information about offsets and the policies can still be found on the EHP website, however there is currently a review of the department’s web material, which has resulted in some documents being unavailable at this time.

In relation to the future of Qld’s offset policies, the Qld Government committed, through the Six Month Action Plan July to December 2012, to review the overarching framework for the Biodiversity Offsets Policy. The review will create a single policy that incorporates requirements of all five existing Qld Government offset policies.

The Department of Environment and Heritage Protection is leading this review.

The single policy will address all Qld Government offset requirements and could be adopted as the foundation for local government offset policies if desired by councils.

The review seeks to reduce costs for government and industry; promote strategic biodiversity outcomes; and provide for shelf ready products that enable rapid approvals for projects.

This review is not linked to the review of assessment requirements or triggers under legislation. These are being undertaken separately to development of this policy.

However, where there is a State assessment requirement to avoid, mitigate and offset impacts – the single State Government Environmental Offset Policy will provide how this offset is to be achieved.

Until this review is completed, all current offset policies remain in effect.

100 Mums

I wonder if 100 Mums will let me join them.



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A letter to the Enviro Minister on Enviro Offsets

Hon Andrew Powell

Minister for Environment and Heritage Protection

Dear Mr Powell,

I was reading an article on Biodiversity offsets, which prompted me to have a quick look at the EHP website for the Queensland Government Environmental Offsets Policy.

I noted that a lot of the content on the website is no longer available.

Many of the triggers in legislation appear to be under review or being amended including:

·         Sustainable Planning Act 2009 (PDF)*

·         Environmental Protection Act 1994 (PDF)*

·         Nature Conservation Act 1992 (PDF)*.

I wonder if you are able to provide any insights into what the Qld Government’s current and future policy on Environmental Offsetting will be?

Regards,

Rowan Barber


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In response, an EHP representative wrote:

Good afternoon Rowan.

Thank-you for email.  Apologies for the website – there is currently a review of the department’s web material, which has resulted in some documents being unavailable at this time.

CURRENT

At the moment the Queensland Government has five offset policies:

·         Queensland Government Environmental Offsets Policy (administered by Department of Environment and Heritage Protection –offsets@ehp.qld.gov.au)

·         Queensland Biodiversity Offset Policy (administered by Department of Environment and Heritage Protection –offsets@ehp.qld.gov.au)

·         Offset for Net Gain of Koala Habitat in South East Queensland Policy (administered by Department of Environment and Heritage Protection - seqkoala@ehp.qld.gov.au)

·         Policy for Vegetation Management Offsets (administered by Department of Natural Resources and Mines –vmenquireis@dnrm.qld.gov.au)

·         Marine Fish Habitat Offset Policy (administered by Department of Agriculture, Forestry and Fisheries)

General information about offsets and the policies can be found from the below link.

http://www.ehp.qld.gov.au/management/environmental-offsets/environmental-offsets.html

FUTURE

In relation to the future of Queensland’s offset policies, the Queensland Government committed, through the Six Month Action Plan July to December 2012, to review the overarching framework for the Biodiversity Offsets Policy.  The review will create a single policy that incorporates requirements of all five existing Queensland Government offset policies.

The Department of Environment and Heritage Protection is leading this review.

The single policy will address all Queensland Government offset requirements and could be adopted as the foundation for local government offset policies if desired by councils.

The review seeks to reduce costs for government and industry; promote strategic biodiversity outcomes; and provide for shelf ready products that enable rapid approvals for projects.

This review is not linked to the review of assessment requirements or triggers under legislation.  These are being undertaken separately to development of this policy. 

However, where there is a State assessment requirement to avoid, mitigate and offset impacts – the single State Government Environmental Offset Policy will provide how this offset is to be achieved.

Until this review is completed, all current offset policies remain in effect.

Kind regards,

Jane