Greentape Reform

Greentape Reduction Reform

On 6 December 2013 amendments were made to the Environmental Protection Regulation 2008 as part of so-called Greentape Reduction reforms. Amendments include standard conditions for different prescribed environmentally relevant activities (ERAs) and prescribing conditions for small scale mining activities.

Standard Conditions

The Environmental Protection Regulation 2008 has made eligibility criteria and standard conditions for the following eligible ERAs.

·         ERA 2(1)(a) - Intensive animal feedlotting >150 to 1000 standard cattle units

·         ERA 2(2)(a) - Intensive animal feedlotting >1000 to 10,000 standard sheep units

·         ERA 3(1) - Keeping >400 to 3500 standard pig units

·         ERA 4(1) - Poultry farming >1000 to 200,000 birds

·         ERA 7(1) - Chemical manufacturing >200 cubic metres of water based paint in a year

·         ERA 7(3)(a) - Chemical manufacturing >200 tonnes of soap, surfactants or cleaning or toiletry products in a year

·         ERA 13(2) - Retreading tyres

·      ERA 16(2)(a) - Extracting 5000 to 100,000 tonnes of material in a year

·      ERA 16(3)(a) - Screening 5000 to 100,000 tonnes of material in a year

·      ERA 16(3)(b) - Screening >100,000 to 1 million tonnes of material in a year

·      ERA 16(3)(c) - Screening > 1 million tonnes of material in a year

·      ERA 23 - Bottling or canning 200 tonnes or more of food in a year

·      ERA 25(1)(a) - Meat processing, not including rendering, 1000 to 5000 tonnes of meat or meat products in a year

·      ERA 25(2)(a) - Meat processing, including rendering, 1000 to 5000 tonnes of meat or meat products in a year

·      ERA 26 - Milk processing

·      ERA 29(2) - Metal foundry, producing 50 tonnes or more of non-ferrous metal castings using permanent moulds in a year

·      ERA 38(2) - Surface coating, painting or powder coating using >100 tonnes of surface coating materials in a year

·      ERA 57 (V4) - Regulated waste transport

·      ERA 59 - Tyre recycling

·      ERA 63(1)(a)(i) - Sewage treatment works with total daily peak design capacity of 21 to 100 equivalent persons if treated effluent is discharged through an irrigation scheme

·      ERA 63(3) - Sewage pump station

Operators who are able to meet the eligibility criteria can now make a standard application for an environmental authority. If an operator needs to vary one or more of the standard conditions they may do so by making a variation application. Use the online tool to identify the correct application type for your project.

Small scale mining reforms

Small scale mining activities include:

·         a mining claim for 20 hectares or less for opals, gemstones and other precious stones,

·         an exploration permit (minerals) for 4 sub-blocks or less for minerals other than coal.

These activities were deregulated by the Mining and Other Legislation Amendment Act 2013 (MOLA Act) in March 2013.

This change to Qld’s environmental regulation means that small scale mining operators no longer need to apply for an environmental authority.

To support the reforms and ensure environmental standards are maintained, prescribed conditions relating to rehabilitation and financial assurance have been included in Environmental Protection Regulation 2008. The regulation also includes a list of designated environmental areas which are derived from ‘category C environmentally sensitive areas’ and supports the definition of small scale mining activity in the dictionary of the Environmental Protection Act 1994.

Other Changes to ERA regulation

From 2 January 2014 changes to the Environmental Protection Regulation 2008 will remove the devolution of administration and enforcement responsibilities in relation to particular ERAs from the State to certain local governments. A number of local governments that administered 10 or less licenced sites in their local area following the deletion of several ERAs earlier this year elected to have the administration and enforcement of these remaining ERAs returned to the State. A total of 17 local governments listed in Schedule 8A of the regulation no longer have devolved responsibilities, with 20 licences being transferred to the State.

The regulation also prescribes a fee of $2,200 for applications for a Temporary Emissions Licence.

One Stop Shop

Qld is finalising a new agreement on environmental assessments with the Commonwealth Government.  The agreement enables the establishment of a single assessment process that incorporates state and federal requirements to ensure proponents meet the national environmental standards.

The Federal Government will retain control over decisions involving offshore Commonwealth waters, nuclear actions and projects for which state governments are “likely to have a significant conflict of interest” as the proponent. The Qld Government will be able to seek input and advice on assessments from Commonwealth organisations such as the Great Barrier Reef Marine Park Authority  or the Supervising Scientist in relation to uranium mining and exploration.

Premier’s Sustainability Awards

Nominations are open for the 2014 Premier’s Sustainability Awards which recognise the achievements of Qlders who are developing or adopting sustainable practices.

Nominations close on Friday 14 March 2014. Finalists and winners of the 2014 Premier’s Sustainability Awards will be announced at a presentation dinner at the Brisbane Convention and Exhibition Centre on Friday 30 May 2014.  More information about the awards and an online application form can be found at www.ehp.qld.gov.au/premiersawards

Sympathy for Greg Hunt

I am starting to feel sorry for the Honourable Greg Hunt.

Kathleen Noonan wrote an article in the Courier Mail on the weekend about Bimblebox Nature Reserve and Waratah Coal’s China First mine.  

The Galilee Coal project has already been approved by the Qld State Government's Coordinator General, subject to a review by the Federal Government to consider "matters of national environment significance" and perhaps some impacts on water. Ms Noonan encourages those who are a little uncomfortable with any of that 'due process'', to email greg.hunt.mp@environment.gov.au.  

The former Labor Government introduced the water trigger, an amendment to the EPBC Act - the EPBC Amendment Bill 2013 – passed the Parliament on 19 June 2013. The water trigger allows the impacts of proposed large coal mining developments on water resources to be comprehensively assessed at a national level.

Previous Environment Ministers have actively administered the Federal Government's responsibilities to consider matters of national environment significance but it appears Greg Hunt will soon hand those responsibilities back to State Governments.

I also note there are 1 million women putting pressure on Greg Hunt to attend the United Nations Climate Summit in Warsaw this week.

Greg may be a little busy with the Australian Government's new Cleaner Environment Plan.

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

The Hon Greg Hunt
Minister for the Environment

Dear Mr Hunt,

Congratulations on your re-election to the House of Representatives and your appointment as Minister for the Environment.  It is also great to have someone with your background responsible for the climate portfolio.

It must be disappointing for you, that you are not representing the Australian people at the United Nations Climate negotiations in Warsaw, Poland this week.

It must also be frustrating to be in the spotlight for the Qld Government's approval of the Galilee Coal project. I realise that you now have limited responsibilities for administration of matters of National environmental significance.  I understand the State Governments want to be "one stop shops" for Environmental approvals.

I am grateful that the impacts of the Galilee Coal development on water resources is to be comprehensively assessed at a national level.

I wish you all the best with the implementation of the Cleaner Environment Plan.

Your's sincerely,

Rowan Barber

Great Barrier Reef & the Ports Plan

Draft Ports Plan

Many of Qld’s major trading ports are near or adjacent to important environmental values including the Great Barrier Reef.

The Qld Government is attempting to address the United Nations’ Educational, Scientific and Cultural Organisation’s (UNESCO) concerns.

UNESCO raised concerns about the level of development along the Qld coast and its impact on the World Heritage site, including water quality and the loss of coral.

UNESCO recommends that the Australian and Qld Governments restrict port development outside the long-established major port areas within or adjoining the Great Barrier Reef World Heritage Area.

Qld Government’s response includes:

• Establishing a scientific panel to monitor Gladstone Harbour as part of a $4m Gladstone Healthy Harbour Partnership,
• Committing $35m each year for reef protection and improved water quality,
• Releasing a draft Queensland Ports Strategy that clearly states their intention to limit port development to existing areas.

The aim of the draft Qld Ports Strategy is managing and improving the efficiency and environmental management of the state’s port network over the next decade.

The strategic objectives of the draft Qld Ports Strategy include:

•     providing certainty and direction for future port planning,
•     supporting environmental protection, in particular for the Great Barrier Reef,
•     supporting improvements in the management and productivity of ports and the ports network,
•     enhancing supply chain connections,

facilitating the strategic use of ports.

The key actions are:

• ·     establishment of Priority Port Development Areas (PPDAs),
• ·     prohibition of capital dredging for the development of deep water port facilities outside of PPDAs (for ten years),
• ·     guidance for leading practice master planning for Qld ports.

Along Qld’s 6,973 km coastline, there are 20 ports including 15 trading ports, two community ports, and three gazetted non-trading ports. The PPDAs are proposed for the ports of Brisbane, Mackay/Hay Point (two separate zones), Gladstone, Townsville and Abbot Point.

The Qld Government proposes legislation to be in place by next year to deliver on these commitments. Ports would have to prepare master plans and outline how they will meet Qld and federal environment assessment standards.

The Qld Ports Strategy attempts to align with the National Ports Strategy and relevant international, national, state and local legislation and policy for the responsible and efficient operation of ports. Alignment with the National Ports Strategy is of particular importance as it is designed to improve port and freight infrastructure productivity and attract greater private sector investment. The National Ports Strategy calls for integrated plans across ports.

The Federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) used to provide an overarching mechanism for protecting the World Heritage values from inappropriate development, including actions taken inside or outside which could impact on its heritage values.  The Federal Government is in the process of handing over these responsibilities to the State Governments.

Development proposals were required to undergo rigorous environmental impact assessment processes, often including public consultation, after which the Federal Minister may decide, to approve, reject or approve under conditions designed to mitigate any significant impacts.  This may be replaced by a one-stop-shop for Environmental approvals at State level.

A recent amendment to the EPBC Act did make the GBR Marine Park an additional 'trigger' for a matter of National Environmental Significance which provided additional protection for the values within the GBR.

Coal is still the predominant commodity export representing 63 per cent of volumes followed by bauxite at 15 per cent and petroleum products 6 per cent.

The remaining 16 per cent is shared by metals and minerals, general cargo, agriculture and other products.

The draft Qld Ports Strategy has been informed by the results of consultation on the draft Great Barrier Reef Ports Strategy

The main themes of public consultation on the Great Barrier Reef Ports Strategy included:

• ·       support for the concentration of development to within existing port limits
• ·       recognition of the important role of ports in facilitating the growth of economies
• ·       concern for the Great Barrier Reef and threatened species
• ·       support for improving port planning and master planning
• ·       support for strengthening protection of land and corridors near ports
• ·       support for improving environmental management consistently across ports
• ·       support for strategic alignment in planning activities across jurisdictions, particularly with the National    Ports Strategy.

These key themes and issues raised during the consultation process on the draft Great Barrier Reef Ports Strategy are outlined in the Great Barrier Reef Ports Strategy - Summary of Consultation Responses Report.

The draft Qld Ports Strategy will be open for public comment until 13 December 2013. For more information and to complete an online survey to have your say visit: www.dsdip.qld.gov.au/qps

Great Barrier Reef

The 37th session of the World Heritage Committee is sitting in the Kingdom of Cambodia, in Phnom Penh and Siem Reap-Angkor, from 16th to 27th June 2013.

 

The 37th session is organized by UNESCO and the National Commission of Cambodia with the support of the Presidency of the Council of Ministers.

Last week the World Heritage Committee has delayed its decision on whether to list the Great Barrier Reef as ‘in danger’.

The Federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides an overarching mechanism for protecting the World Heritage values from inappropriate development, including actions taken inside or outside which could impact on its heritage values. This requires any development proposals to undergo rigorous environmental impact assessment processes, often including public consultation, after which the Federal Minister may decide, to approve, reject or approve under conditions designed to mitigate any significant impacts.

A recent amendment to the EPBC Act makes the GBR Marine Park an additional 'trigger' for a matter of National Environmental Significance which provides additional protection for the values within the GBR.

The Qld Government has welcomed the opportunity to continue our initiatives while further considerations are made over the next year.

The 2009 Outlook Report identified the long-term challenges facing the GBR; these are dominated by climate change over the next few decades.

The extent and persistence of damage to the GBR ecosystem will depend to a large degree on the amount of change in the world’s climate and on the resilience of the GBR ecosystem to such change. This report also identified continued declining water quality from land-based sources, loss of coastal habitats from coastal development, and some impacts from fishing, illegal fishing and poaching as the other priority issues requiring management attention for the long-term protection of the GBR.

Emerging issues since the 2009 Outlook Report include proposed port expansions, increases in shipping activity, coastal development and intensification and changes in land use within the GBR catchment; population growth; the impacts from marine debris; illegal activities; and extreme weather events including floods and cyclones.

Further building the resilience of the GBR by improving water quality, reducing the loss of coastal habitats and increasing knowledge about fishing and its effects and encouraging modified practices, will give the GBR its best chance of adapting to and recovering from the threats ahead, including the impacts of a changing climate.

The Qld Government is attempting to address UNESCO’s concerns and deliver on their recommendations.

They include:

·       Establishing a scientific panel to monitor Gladstone Harbour as part of a $4 million Gladstone Healthy Harbour Partnership,

·       Committing $35 million each year for reef protection and improved water quality,

·       Releasing a draft Ports Strategy that clearly states our intention to limit port development to existing areas.

The Qld Government has implemented a best management practice programs with the agricultural industry to reduce nutrient run off and improve water quality.

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. 

EPBC Act approval responsibilities

This week a senate committee confirmed the Federal Department of Environment was backing away from handing over responsibilities for biodiversity approvals to the Sates.

However, the committee did not support a Greens bill to prevent national environment laws from being handed over to the states.

The committee notes the Commonwealth acknowledged that 'significant challenges emerged in developing approval bilateral agreements that provide consistency for business and assurance to the community that high standards will be made and maintained' and said it 'will introduce legislative reforms to progress its response to the Hawke review of the Environment Protection and Biodiversity Conservation Act 1999 to further streamline and strengthen environmental regulation'.  

The opposition still supports delegation of environmental powers to the States.

The committee report, the Coalition’s additional comments and the Greens dissenting report are available here.

Sustainable & Resilient Water & Sewerage Infrasturcture

EPBC

A Senate inquiry is underway into a Bill that amends the Environment Protection and Biodiversity Conservation Act 1999 to prevent the Commonwealth from handing responsibility for approving proposed actions that significantly impact matters protected under the EPBC Act to a State or Territory.

Sustainable & Resilient Water & Sewerage Infrastructure

Engineering Consultants: Arup have provided some interesting commentary on properly understanding resilience following on from natural disasters.   The rationale: knowing if replacement infrastructure will be any more resilient than that which it replaces.

David Singleton has been asking on twitter: "what do you think are the key planks of #resilientleadership?"

If water and sewerage infrastructure is to be truly sustainable, one needs a way to understand what resilient infrastructure looks like.  One also needs a way to compare infrastructure designs and systems to achieve the most resilient outcome. Sustainability ratings tools have the potential to do this.

It is no longer enough to merely say that one is ‘building green’.  Australian consumer law is clear on the obligations regarding environmental claims under the Competition and Consumer Act 2010.  Manufacturers, suppliers, advertisers and others are required to assess the strength of any environmental claims.  Claims have to be demonstrated and certified.  Methods of measuring sustainability are vital.  There is also a renaissance in driving sustainability up and down one’s supply chain.

The Green Building Council of Australia’s Green Star environmental rating system for buildings and communities and the Australian Green Infrastructure Council’s IS rating scheme for infrastructure setting benchmarks.  Ratings tools allow one to assess and certify best practice.  

These ratings credentials will demonstrate that one can create better water and sewerage infrastructure for communities and cities in Australia. 

There are also opportunities to export these skills.  Sustainability ratings tools will be vital if Australians are to realise the opportunities from the current scale and pace of urbanisation in Asia.

The Australian Government’s recently-released ‘Australia in the Asian Century’ white paper points to the fact that Asia will soon be home to the majority of the world’s middle class, all of whom need water and sewage networks, treatment infrastructure and utilities.  In the wake of recent natural disasters like Hurricane Sandy and the Queensland floods, major infrastructure programmes are planned or are underway in several countries.

The Great Stink in the summer of 1858, the city of London (an overwhelming stench from the River Thames, that shut down Parliament) led to the construction of sewer in London.  Infrastructure investment decisions have long-term consequences, as the assets can shape development for decades – often beyond their lifetime.  So decisions on infrastructure should anticipate the long-term environment, needs and constraints under which it will function.

However, our ability to predict the future has been shown to be limited.  Climate change is introducing deep uncertainty that makes this even more difficult. The environmental conditions under which infrastructure performs are likely to change radically and its design needs to take this into account.

Sustainability thinking is crucial for making clear the connections between the infrastructure project and the local and wider society, economy, environment and businesses. It is also vital to spotting where these connections could cause serious vulnerabilities that put the entire system at risk. Ensuring that these connections are elastic, adaptable and resilient will benefit society, the economy and the environment.

Rating tools not only provide a way to determine an infrastructure asset's sustainability, they also enable comparison of the sustainability of different assets, or of different design solutions for a single asset. While the principal use for these tools is to determine the asset's rating, they can also be used – informally – in 'design' mode.

Using ratings tools to understand resilience is an important area for the development of infrastructure sustainability tools. Significant progress will be made in this direction over the next years, as ratings organisations and universities (University of Leeds Institute for Resilient Infrastructure for example) develop the means to measure water and sewerage infrastructure resilience.

30 Year Water Strategy Policy Reference Group

How can Australians lead by example to ensure affordable, secure, sustainable water and sewerage services in our own communities and developing communities?

On Tuesday 5^th March 2013 from 12 noon until 2pm ASBG are organising a policy reference group for ASBG members to discuss the discussion paper, hosted by Aurecon.

The Department of Energy and Water Supply has launched a discussion paper to guide the development of a 30 Year Water Sector Strategy to ensure affordable, secure, sustainable and high quality water and sewerage services across Queensland. Submissions close Friday 29 March 2013.

The Queensland Water Sector Discussion Paper is designed to facilitate active discussion and participation in creating a new path for Queensland’s water future in urban, rural, regional and remote communities.

If you wish to attend the forum at Aurecon, please RSVP to rowan@asbg.net.au