Showing posts with label Environmental Approvals. Show all posts
Showing posts with label Environmental Approvals. Show all posts

16 October, 2013

One stop shop for Environmental Approvals






Environment Ministers sign a Draft MOU

The Queensland and Federal Governments have signed a Draft memorandum of understanding (MOU) giving the state more powers to conduct environmental assessments and approvals for major projects.

In March 2013, a senate committee (under the former Labor Government) confirmed the Federal Department of Environment was backing away from handing over responsibilities for biodiversity approvals to the States.

The Draft MOU (which has not been publically released) addresses ''the key principles of maintaining environmental standards, streamlining processes, the removal of duplication and the offer of federal staff to be embedded with the state if required''.

The Draft MOU is being review by Prime Minister Tony Abbott for approval and the changes will need to be passed through Federal Parliament and the Senate. The aim is to achieve a one-stop shop to reduce red tape and provide certainty to business while maintaining the rigorous federal environmental standards.

This would include:

·           Creation of a single approvals process for environmental assessment and approvals under the Environmental Protection and Biodiversity Conservation Act via the state system, as part of long-term agreements with each state and territory.
·           Development of the ability and incentive for local government to be part of the one-stop-shop single assessment process.
·           Creation of a single lodgement and documentation process. The single documentation and assessment process could also be expanded to make a single entry point and one-stop-shop for all government approvals across portfolios.

State Environment Minister Andrew Powell says there will be less duplication and quicker decisions - but Commonwealth oversight will not disappear.

Some of the things proposed include embedding Commonwealth officers into the Qld Co-ordinator General's Department.




Approval Processes for Coal and Mineral Exploration

There have been recent changes to the approvals process for coal and mineral exploration allowing for earlier engagement and faster approvals.

Minister for Natural Resources and Mines Andrew Cripps said the new process had the potential to halve the time taken for companies to be granted exploration permits, while maintaining rigorous environmental, native title and land access assessments.

Mining companies no longer need to wait until an exploration permit is granted before engaging with landholders about their proposed exploration activities.

Exploration activities still cannot begin in an area prior to a permit being granted.

Applications to explore will still be subject to the same stringent assessment process to ensure they meet strict environmental, technical and commercial viability, community interest, native title and land access requirements.

A granted exploration permit is not a right to mine, and the Queensland Resources Council estimates that approximately only one in every 200 granted exploration permits ever goes on to become a mine.

Under the new process:
·       companies will now be formally advised within 90 days of lodgement whether their proposed exploration works program for a project has been approved or rejected.
·       For successful applications not subject to native title, once a work program has been approved and an environmental authority has been issued, a permit can be granted after annual rent has been paid.
·       For applications subject to native title, it means companies can start required native title processes and engage landholders about conduct and compensation arrangements a lot sooner.
·       These permit applications can then be finalised within 30 days of the native title process being concluded.

More information about exploration in Qld is available at www.dnrm.qld.gov.au or at www.mines.industry.qld.gov.au





Fees for Petroleum and Gas

In another example of the Qld Government’s approach to regulation and fees: The Qld Government will amend the Petroleum and Gas (Production and Safety) Regulation 2004.

Key changes include:
·       Replacement of the requirement for industry to report quarterly with a new annual reporting requirement
·       A capping mechanism for upstream operators to ensure revenue collected from some fee categories is not in excess of the calculated costs to conduct compliance activities
·       Amending the Category 10 fee to three-tiers and applied based on the size of the LPG delivery network. Small and medium sized operators will have a flat fee relative to their size and larger operators will remain at a fee per unit basis with a maximum charge retained
·       Abolition of the Category 9 fee category for the LPG delivery network
·       Removal of the fee for biogas users and exemptions for some biogas producers

13 March, 2013

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.

08 March, 2013

EHP’s New Regulatory Strategy





EHP’s New Regulatory Strategy

The Department of Environment and Heritage Protection (EHP) has released a new Regulatory Strategy. This strategy sets out how EHP will carry out its role as the state’s environment and heritage regulator.

The new strategy is a significant change to the department’s approach to regulation, and all clients and their advisors are encouraged to read it. There is also a short video to help explain the changes.

I note a wholesale move towards “A light-handed regulatory model”.  I shall be analyzing and unpacking the implications of this in future posts to this blog.


19 June, 2012

ASBG Contaminated Land Conference



ASBG is running a Contaminated Land Conference in Brisbane.

I would appreciate it if you could forward this flyer on to your personal and professional networks.

The Standing Council on Environment and Water has approved an amendment to the National Environment Protection (Assessment of Site Contamination) Measure.

The Measure establishes a nationally consistent approach to the assessment of site contamination to ensure sound environmental management practices by the community. The amendment ensures it will remain the premier document for the assessment of site contamination in Australia, used by regulators, site assessors, consultants, environmental auditors, landowners, developers and industry. The measure incorporates updated methodologies for assessing human and ecological risks and site assessment methods now in line with advances in Australia and overseas. Ministers recognised the contributions from all stakeholders, including the National Health and Medical Research Council, in the development of the updated measure.


Brought to you by ASBG, sponsored by Henry Davis York,
Supported by: ALGA and ACLCA QLD

Contaminated Land Conference 2013
BRISBANE    Thursday 30 May 2013

This conference will focus on the current legislative and policy issues surrounding contaminated land management.  It is aimed at land owners, environmental professionals and others dealing in contaminated land management. Additionally, the Assessment of Contaminated Sites National Environment Protection Measure (ACS NEPM) will be adopted on 11 April 2013 and will bring with it major changes to the way in which contaminated land is investigated and remediated. 
Speakers include:
  • Liz Wild, Partner, Henry Davis York
    A legal perspective on property transfer legislation involving contaminated land
  • Michael Warne, Chief Scientist, Catchment Water Science, Qld DoSITIA
    Overview of the EIL methodologies and other issues covered under draft NEPM schedules 5(a) and 5(b)
  • Damien Davidson, Caltex
    An industry perspective on managing contaminated land and dealing with the rules and regulations
  • Michael Dunbavan, Auditor Coffey, Environments
    Impacts on site auditing, monitoring and remediation costs resulting from the NEPM Changes
  • Therese Manning, EnRiskS
    Impacts on site auditing and remediation costs resulting from changes to the NEPM
  • Leona Kopittke, Lloyd Consulting
    Contaminated soil off-site management options – reuse, landfill and dealing with hazardous soils
  • Plus more speakers
Key issues addressed at the conference include:
  • Changes to the Assessment of Site Contamination NEPM’s reference
    papers and documents including:
    • Health Risk Assessment,
    • Ecological Investigation Limits
  • Estimated impact of the changes on auditing, monitoring and clean-up costs
  • Overview of the legal risks of managing contaminated land and transfer liabilities.
  • A landowners experiences with contaminated land clean up and prevention.
  • Contaminated soil management options – reuse, landfill, containment and dealing with hazardous soils.
Supported by:          Description: Description: Description: DG banner                Description: Description: Description: DG banner
Date:         30 May 2013
Time:        9 am – 4:40pm
Venue:     L19, HDY, 324 Queen Street                     BRISBANE
Price:                                                    Full Day 
Members, including ASBG, ALGA, ACLCA and HDY clients                                                                $395
non-members                                  $480
_







here is details of the 2012 conference......



DG banner
Brought to you by ASBG and SBA sponsored by HDY,
Supported by: ALGA, ACLCA QLD

18 July 2012 – BRISBANE

A special conference to assist landowners and practitioners in preparing for the new and current contaminated land liabilities, legislation, policies and obligations

The Conference will be looking at the main changes to the Assessment of Contaminated Site NEPM, which has been finalised and is waiting for acceptance by the environment Ministers.  It will also discuss other policy and legislative changes coming through for NSW such as the land-farming guidelines. The conference's agenda includes:
·         Rowan Barber, ASBGOverview of the current contaminated land legislation and impact of the green tape review in this area
·         Prashant Srivastava, CRC CARE -
CRC CARE’s role in NEPM Schedule B1 review and supporting research undertaken to generate the HSLs and other documents
  • Michael Warne, Chief Scientist, Catchment Water Science, Qld DoSITIA -
    Overview of the EIL methodologies and other issues covered under draft NEPM schedules 5(a) and 5(b)
  • Liz WildPartner, HDY -
    A legal perspective on property transfer legislation involving contaminated land   
·         Tony Scott, Coffey Environments - Managing asbestos in contaminated sites – Using the draft NEPM standard and dealing with off-site asbestos containing wastes
  • Sophie Wood, Partner, ERM - NEPM’s new schedule changes - Hydrocarbon and vapour intrusion – VI exclusion distances and emerging issues
  • John Hunt, Technical Manager, Thiess Services
    Data requirements to enable effective assessment and remediation
·          Plus others
Supported by
aclca_new_banner.jpgALGA Logo 09 RGB.jpg
Date:      18 July 2012      Time: 9 am – 4:40pm
Venue:   Henry Davis York’s Rooms
               L19, 324 Queen Street, BRISBANE
Price: ASBGSBA, , ALGA, ACLCA QLD, Members / Clients                     - $395
Non-members                            - $480
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Enquiries: phone 0407 238 258 or email: rowan@asbg.net.au

18 June, 2012

Environmental Approvals, Marine Parks, Orica, Grants, Flood Inquiry





Environmental Approval
Just a week after a dispute between Deputy Premier Jeff Seeney and Federal Environment Minister Tony Burke, over the Alpha Coal project, they have now agreed to significant changes to the existing bilateral agreement for environmental approvals for major projects.

The changes are a major step forward and introduce project management approaches to the process.
They also give greater clarity and transparency about the respective roles of the Qld and Commonwealth Governments and impose timeframes on both for consultation and responses through the approvals process.

The new bilateral includes the setting of defined milestones and timeframes for providing documents, feedback and approvals, including the signing-off on Terms of Reference and key assessment reports.
Qld’s Deputy Premier and Minister for State Development, Infrastructure and Planning Jeff Seeney said the new bilateral agreement would eliminate duplication in the environmental approval process which in the past had bogged down some projects for years.

“The changes negotiated between the State and Commonwealth will also provide certainty to project proponents around the length of time of the approval process,” Mr Seeney said.
Minister for Environment and Heritage Protection, Andrew Powell, said the signing is a positive outcome for Qld and consistent with the LNP’s election commitment to reduce greentape.
Mr Powell said the Commonwealth and Qld Governments were committed to maintaining the highest environmental standards while at the same time streamlining the environmental assessment and approval process.

The Qld Conservation Council is not convinced.





Marine Parks
The Federal Government is moving to create the world's largest network of marine parks protecting waters covering an area as big as India. The plan includes limits on oil and gas exploration and extends reef protection in the Coral Sea.

While it's being hailed as one of the biggest conservation moves in the nation's history, commercial fishermen say it'll drive them out of business and the compensation bill could run to hundreds of millions of dollars.


Orica faces prosecution
Minister for Environment and Heritage Protection (EHP) Andrew Powell has confirmed that his department has commenced a prosecution against chemical manufacturer Orica Australia Pty Ltd.
Orica has been charged with 279 offences of wilfully contravening a condition of a development approval during operation of its facility at Yarwun outside Gladstone.

On 3 May 2012, the EHP obtained a court order from the Planning and Environment Court requiring Orica to undertake an independent audit of the plant and its procedures. Last week the EHP formally commenced a prosecution in the Gladstone Magistrates Court.
Orica has been charged with contravention of section 435(1) of the Environmental Protection Act 1994. The alleged offending conduct includes:
Releasing contaminants in excess of licence limits;
Failing to notify the department upon becoming aware of contraventions; and
Failing to test for contaminants prior to releasing effluent.

Orica acknowledges that complaints have been issued by the EHP against them and the Company intends to defend the complaints. Orica believes that there has been no environmental harm or risk to human health from these alleged complaints.

ASBG will be presenting material on how to stay out of trouble with EHP in the upcoming Equip Series: Environmental Management Workshop on the19 July 2012 in Brisbane.


Environment Grants
Recently Premier Newman launched the QLD government’s $12m Everyone’s Environment grants program. Everyone’s Environment program was an election commitment and will support community groups, environment groups and larger environmental organisations who want to take action to improve their local environment.

The grants program is about investing in practical local initiatives that protect our environment for all Queenslanders to enjoy into the future. The three-year Everyone’s Environment program will provide grants ranging between $2,000 and $100,000 for a wide range of local environmental initiatives including tree-planting and land restoration, community and waterway clean-ups, run-off reduction and water quality improvement, enhancement of natural beauty of local communities, and monitoring pollutants in streams. The grants are available from 1 July, 2012.


Implementing Flood Inquiry
Recommendations
In the last sitting of Parliament the Qld Government delivered its formal response to the final report from the Qld Floods Commission of Inquiry. The Commission report was made public on 16 March 2012 and contained 177 recommendations across a broad range of areas. The State Government will fully implement everything which it is responsible for and work in co-operation with local councils to deliver improved flood outcomes across the state.
Professor Jim McGowan has labeled the inquiry as "a missed opportunity" to address an imbalance in the allocation of resources through the Natural Relief and Recovery Arrangements.