Fees, Green Tape and Water Restrictions

Fees

Queensland’s Environment and Heritage Protection department now charges a fee for a number of activities associated with transitional environmental programs, including assessing a draft program, assessing an annual return, monitoring compliance and amending an approved program. Information about the fees is on the department’s website

Green Tape Feedback

The Department of Environment and Heritage Protection is seeking feedback on proposed amendments to the Environmental Protection Regulation 2008 to remove a number of environmentally relevant activities and amend certain fees.

The draft regulatory assessment statement is supported by the Assigning Environmentally Relevant Activities to Assessment Tracks report.

For more information about the implementation of the Greentape Reduction project, visit the department of Environment and Heritage Protection’s website.  Feedback on the draft regulatory assessment statement can be provided until 5.00 pm on 26 October 2012. ASBG will be putting together a submission. Please send your submission in writing to: epact.policy@ehp.qld.gov.au

Lifting Water Restrictions

Water Minister Mark McArdle has distanced himself from a report the Queensland Government has a plan to ease water restrictions to raise revenue and said it was not the government's responsibility anyway.

There has been speculation in that permanent water restrictions were "under review, with regard to water availability, climatic trends and future demands''.

Water Efficiency Management Plans (WEMP) for non-residential customers over 10megalitres will be retained under the Water Act 2000.

It is alleged the LNP Government are counting on increased water use to help pay for the debt on the SEQ water grid.

The Minister has acknowledged that he has sought advice on the future of the $2.5 billion recycled water plant at Bundamba and $2 billion desalination plant at Tugan on the Gold Coast.

South-East Queensland councils and businesses will be given a reprieve on water usage following changes to water restrictions by the Queensland Water Commission (QWC).

Many restrictions will be lifted following a QWC review of Permanent Water Conservation Measures currently in place. The review was undertaken as an action under the South-East Queensland Water Strategy.

Water Minister Mark McArdle brought in the initial changes in April 2012, to cut  red tape for businesses and councils, allowing more flexible water use. The Queensland Water Commission, is being abolished on 1 January 2012, was taken back into Minister McArdle's department in July.

A spokesman for Mr McArdle said that the Water Commission's powers to decide water restrictions would be transferred to the new merged bulk water entity at the end of the year.

QWC restrictions will not continue beyond this date unless statutory amendments are made to continue these functions.  The plan would reverse years of the previous government initiatives aimed at limiting water use.

Relaxation of water restrictions is likely to face strong resistance from consumers who have learned to make do with less after years of drought. Despite the planned cutbacks and revenue-raising, the QLD Government faces a struggle to honour election pledges to reduce water bills to ease cost-of-living pressures.

In the short term, the QLD Government is eyeing some creative accounting to allow the newly merged super water supplier to start debt free with enough capital to allow water prices to fall.

Treasury officials are understood to be looking at shuffling some $3 billion of debt off the existing water utilities and on to the Government's books.

The new water super supplier, to be set up in January and running by July, would then be debt free.  Without debt to service, it would have enough capital to allow water prices to drop and encourage increased consumer use of water.

A spokesman for Treasurer Tim Nicholls said the Government was "yet to decide on a change to the capital structure of the new entity". He insisted the merger would bring "greater efficiencies in terms of water distribution and reduce water bills for residents of southeast Queensland".

The Government inherited a $7 billion water infrastructure debt burden from prior incumbert that is costing it more than $400 million a year in interest.

The previous Government’s legacy also included a sophisticated water grid and dams with enough water in them for at least 10 years of supply at current low rates of usage. The  opposition, did not directly criticise the move to sell more water, but a spokesman said it was something that would be determined by the market.

The Queensland Water Commission said in its annual report this month: "Even if SEQ was to experience a drought as serious as 2001-2009, the region would not expect to enter restrictions for five years."

Additional revenue of about $66 million would be generated in 2012/13 if residential consumption of water was 200 litres a day rather than the frugal current level of 170 litres per person a day, Government insiders say.

Have your say on Green Tape and groundwater

Feedback on Greentape Reduction

 

Queensland’s Environment and Heritage Protection Minister Andrew Powell has announced that the need to have ERAs will be removed from many business types (but not all businesses).

Some ASBG members have reported  their businesses did not make the list. 

Minister for Environment and Heritage Protection, Andrew Powell, today announced the Qld Government’s plan (adopted from the previous Government) to cut green tape.

These changes to legislation will offer three ways to apply for approval of environmentally relevant activities (ERAs) – including an automatic approval process - depending on the size and environmental risk posed by business activities.

Assessment timeframes will be reduced by around three months.  It is estimated that following full implementation in March 2013, around half of all ERAs (around 410 applications a year) will be able to go through the standard (automatic) application process, saving each applicant an average of $20,000 in application preparation costs, 68 days in processing time and 150 pages in avoided application materials.

The Department of Environment Heritage Protection (EHP) is seeking feedback on the proposed initiatives by public consultation on the Review of Environmentally Relevant Activities - Draft Regulatory Assessment Statement.

The department is seeking comments on:

·       The environmentally relevant activities and environmentally relevant activity thresholds proposed to be deleted

·       The environmentally relevant activities and environmentally relevant activity thresholds proposed to be allocated to the standard application assessment track

·       Issues regarding halving sewage treatment plant annual fees

·       Issues regarding new application fees.

The Greentape Reduction project seeks to ensure Queensland’s regulatory framework is proportional to the environmental risks posed by environmentally relevant activities. The EHP has identified options to amend the Environmental Protection Regulation 2008 to reduce the environmental regulatory burden for small to medium-sized businesses. These initiatives have the potential to save businesses $6.77 million in annual fees, plus savings in ongoing administration costs.

Initiatives include:

·       Deleting up to 29 environmentally relevant activities and environmentally relevant activity thresholds from Schedule 2 of the Environmental Protection Regulation

·       Halving small sewage treatment plant annual fees

·       Introducing new application fees to reflect processes introduced by the Greentape Reduction Act.

The regulatory assessment statement is supported by the Assigning Environmentally Relevant Activities to Assessment Tracks report. This report summarises the findings of the assessment process conducted by the department to recommend environmentally relevant activities and environmentally relevant activity thresholds for standard or site-specific assessment, or for deletion.

ASBG will be putting together a submission. All submissions must be received by EHP by 5.00pm on 26 October 2012. Please send your submission in writing to: epact.policy@ehp.qld.gov.au

Water Sensitive Cities

On Tuesday, 25 September CRC for Water Sensitive Cities hosted the Launch of the South East Queensland (SEQ) Hub. 

The Brisbane Launch was officially conducted by Jon Black, Director-General of the Department of Energy and Water Supply (DEWS). Jon was keen for his department to work collaboratively with the CRC and the Queensland participants.

Draft Bore Assessment Guideline

The Water Act 2000 sets out the framework for managing impacts on underground water as a result of the exercise of underground water rights by petroleum tenure holders. This includes requirements for petroleum tenure holders to carry out bore assessments for private bore owners.

Bore assessments must be carried out where:

·       An underground water impact report (UWIR) or an amendment of a report has water bores located in an ‘immediately affected area’; or

·       A final report (when the tenure is about to cease) or an amendment of a report takes effect, for any water bores in a ‘long term affected area’; or

·       Where the chief executive of the EHP believes that a water bore can no longer supply a reasonable quantity or quality of water for its authorised use or purpose.

·        

Under section 413 of the Water Act, the chief executive can make guidelines about the minimum requirements for undertaking a bore assessment. To provide a level of consistency and transparency about how bore assessments are to be undertaken, EHP has prepared a draft guideline for the purpose of consultation.

Your comments on this draft guideline are sought by C.O.B Friday 19 October.  Please provide any comments to: shirley.simpson@ehp.qld.gov.au.

EPOLA

EPOLA

 

In recent SBW’s ASBG has been focusing on the details of amendments to the Environmental Protection Act 1994 (Qld) (EP Act) through passing the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act (EPOLA).

This week is back to an overview of Green Tape Reduction to tie things all together. The EPOLA is scheduled to commence in March 2013.   Applications received after 31 March 2013 will be processed and assessed under the new, streamlined approval process. Applications received prior to 31 March 2013 will be processed under the current provisions

The EPOLA seeks to simplify and streamline regulatory requirements with a view to ensuring that Queensland's regulatory framework reduces costs to industry and government while maintaining environmental standards. In particular, it creates a single approval process for environmentally relevant activities (ERAs) and develops a licensing model that is proportionate to the risk the activity poses to the environment, providing flexible operational approvals for ERAs under the EP Act.

The EPOLA introduces a new licensing framework with a streamlined approval process for environmental authorities for all environmentally relevant activities, including resource activities.

If one holds a registration certificate before 31 March 2013 you will be automatically added to the suitable operator register. On 31 March 2013, the conditions in your development approval imposed by the administrative authority under the Environmental Protection Act 1994, along with your registration certificate, will effectively become your environmental authority.

Part of the parliamentary process was the review of the Greentape Reduction Bill by parliament’s Agriculture, Resource and Environment Committee.

The committee’s recommendations have led to the following amendments to the Greentape Reduction Bill:

• Suitable operators will be removed from the register if they have not held an environmental authority for five years.
• The notification period of 20 business days will exclude the dates between 20 December and 5 January of the following year (avoiding the Christmas/New Year period) to ensure individuals and community groups are afforded reasonable opportunities to respond to applications for environmental authorities for resource activities.

In addition to amendments to the Greentape Reduction Bill, the Department of Environment and Heritage Protection in partnership with the Department of Natural Resources and Mines, will develop a guideline to extend the submission period to 30 business days for large-scale mining or petroleum operations which have not already undergone an environmental impact statement.

The Newman Government claims the changes will bring about significant savings for both government and industry, with small-to-medium-sized businesses expected to benefit the most.

The environmental approvals system in Queensland has not been reformed in 15 years, and has grown to be a complex and difficult system. The purpose of the EPOLA is to make it easier and less costly for businesses to obtain environmental approvals, while the Government continues to uphold the environmental standards expected by the community.

The Newman Government also states that the environment will not suffer at the expense of industry as a consequence of the new assessment and approval process.

While Environmental Minister Andrew Powell has explained that the changes simplify the process and in no way lower environmental standards, the EPOLA has been criticised for not providing adequate notification periods, and thereby reducing the opportunity for affected stakeholders to express their concerns about the activity.

Further information about the transition into and operation under the new system is included in the updated frequently asked questions on the Department of Environment and Heritage Protection (EHP) website.

Waste Water Discharge Policy

One of the Greentape Reduction initiatives is to improve the quality of information available. In the process of revising existing policies, EHP has drafted a technical guideline to replace the operational policy titled 'Waste water discharge to Queensland waters'.

This guideline will provide technical information for the assessment of proposals to discharge waste water to waters based on the provisions of the Environmental Protection Act 1994.

Environmental Protection Regulation amendment project

As part of the Greentape Reduction reforms, the department is preparing amendments to the Environmental Protection Regulation 2008. The regulation will include provisions that support the changes to the Environmental Protection Act 1994 made by the Greentape Reduction Act.

Further Greentape Reduction initiatives are being investigated and an impact assessment will be released for public consultation if required.

There is more information, on the Greentape Reduction pages on the Department of Environment and Heritage Protection (EHP) website.

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.

Sustainable Business Weekly QLD Edition [Environmental Policies, Floods Inquiry]

LNP Environment Policies

If one believes the polls, it seems almost inevitable now that the Liberal National Party will win the Qld State Election next week.

ASBG have been examining the LNP’s policies, to gauge the impact on the Environment & Environment Practitioners.

There are at last count 93 policies on the LNP website.

They all seem to follow a similar proforma as follows:

A CanDo LNP will act to [insert aspirational objective] by [insert knee jerk response with an arbitrary budget or little or no social or environmental impact assessment].

An LNP Government will invest [insert an arbitrary sum of money] into a package which will [reiterate impossible objective in different words].

The LNP will grow a four pillar economy across our industry, and understands the importance [reiterate aspirational objective again].

The tired 20 year Labor Government has ignored the needs [list some vested interests].

[Insert an oversimplification of problems being experienced].

The LNP is committed to delivering a strong, viable, healthy and sustainable [insert industry].

Under the Bligh Labor Government [insert industry] has struggled and many [insert vested interest] face an uncertain future.

The LNP is committed to the health and wellbeing of [insert industry] and will undertake a [insert shitloads of money] program in consultation with the industry.

[Promise unrelated but attractive consequences].

[Suggest some superficial changes that are easily delivered by make no significant difference, like moving responsibility to another Department and refer to cutting waste a lot.

[Suggest handing back control to a group of stakeholders who are currently already in control].

The LNP understands [Insert activity] is very much a part of life in Queensland.

It's time for a change. With your help a strong and united LNP Government will get Queensland back on track.

LNP Policy Commitments:

[insert arbitrary sum of money]

[promise extraordinary outcome]

There are a few things we can glean from the LNP’s 93 policies:

· They will unlock Queensland's natural assets & national parks. On enquiry, ASBG clarified that “unlock” or “open up” includes allowing 4WD access into National Parks. Returning Queensland's Tourism Industry to Number 1

· The LNP’s Resources and Energy Strategy includes:

· a stable, clear legislative framework for the industry;

· Improving training opportunities to help address industry skills & knowledge shortages;

· Increasing support from Government through cutting red tape, reforming relevant Departments & improving application & approval systems for resource projects. DERM will be chopped up into three or more Departments;

· Building infrastructure that is essential to the future growth of the resource & energy sector.

· Developing clean energy, alternative & renewable technologies & fuels, while protecting coal mining interests;

· Implementing a better system of regional planning;

· Demanding World's best practice in social & environmental performance.

The Scenic Rim has been under particular focus due to conflicts between land uses such as Agriculture, Coal Seam Gas etc. Protecting the Scenic Rim. The LNP’s approach to CSG differs very little from the ALP’s current approach.

Other policies of interest include:

Repealing Labor's Waste Levy

Opening up wild rivers regions of Far North Queesland to industrial development, agriculture & mining;

$10 million targeted buyback of commercial fishing licences, with a commitment to restore the health of Qld's fishery.

ASBG will follow the development of Environmental Policy, regardless of who wins the Qld State Election next week, to provide up to date information on Environmental regulation & legislation.

ALP Environment Policies

There has been no real surprise, in the Election Campaign from the incumbent Government. There has been an attempt to gain social licence for the CSG/LNG industry by investing half the proceeds into an education fund.

Labor claim a defining difference to the LNP on the environment protection including:

· Introduction of a waste levy;

· Premature closure of sand mining on Stradbroke Island;

· Wild Rivers legislation & World Heritage plans;

· introduction of laws & a high rate of compliance by farmers & industry pollutant run-off into the Great Barrier Reef;

· participating in a national response to climate change;

· 8.1m hectares of national park & approaching 3m hectares of nature refuge.

The Qld Floods Inquiry

The Queensland Floods Commission of Inquiry has now concluded.

The Commissioner Catherine Holmes presented her final report to the Qld Premier on 16 March 2012.

The report is available here. The interim report, delivered on 1 August 2011, is available here.