EHP's Regulation Strategy

EHP’s Regulation Strategy

Back in February 2013, the Department of Environment and Heritage Protection announced fundamental changes to the way it manages and regulates the risks to Qld’s environment and heritage places.

I believe it is prudent to understand how the current regulatory strategy has changed from past practices of the former Department of Environment and Resource Management (DERM).

From the Budget Papers released in June 2013 it would appear that EHP now has less financial and human resources for regulation management than DERM did (apart from an injection of funds for Coal Seam Gas regulation).

Part of the rationale for the change in strategy includes:

·       speed up the time it takes for clients to get an approval,

·       increase the number of inspections of high-risk activities, and

·       make sure EHP are taking strong enforcement action where needed.

I have noticed a trend towards a lot less regulation and so-called “light handed regulation”, however what regulation remains is being enforced with vigour.

A selection of the department’s enforcement actions are summarised in prosecution bulletins outlining the facts and outcomes of finalised prosecutions.

The department’s annual compliance plan informs the Qld community of EHP’s planned compliance activities for the coming year.

The department monitors and reports on EHP’s compliance activities as part of its annual compliance plan program through a mid-year report and an end-of year report. The mid-year report  provides an update on the progress achieved in meeting the targets outlined in the annual compliance plan during the first and second quarters of the reporting period (July to December).

I have yet to see he end-of-year report which details all activities undertaken during the reporting period (July to June) and the outcomes of the compliance projects undertaken.

The reports provide information on the number of incidents and complaints the department has responded to as well as the enforcement actions taken during the reporting period.

EHP has also put together a short presentation about the changes to the way it manages and regulates environmental risks and how they will affect you as their client.

Since February 2013 there has been a new focus on the environmental outcomes a client must achieve.

For example, if one is required to ensure that no pollutants are released into the air, or that wastewater released to a river must meet certain quality standards, EHP will no longer assess whether a client can meet those outcomes, or how they propose to achieve them.  The responsibility now sits with you as EHP’s client.

This will now be the responsibility of the client and not the role of the department.

EHP still provide some guidance and examples on acceptable ways of managing environmental risks, but the decision on how those risks will be managed will sit with the client.

So when EHP grant a licence, the department will impose conditions that set out outcomes that the client must achieve.

EHP no longer impose conditions that tell the client how to achieve those outcomes.

For example, the department may impose a condition that contaminated stormwater must not leave a site, but it will not impose conditions that set out the design of the stormwater system needed to achieve this. The responsibility now sits with you as EHP’s client.

If you as an EHP client cannot meet the outcomes set by the department, one may face enforcement action.

Another major change, one may have noticed is be more frequent site inspections to ensure clients are complying with your licence conditions.

If one can demonstrate that one is consistently meeting the department’s requirements, EHP will inspect them less often.

I recommend one preempt EHP inspections and conduct in-house “pre-audit” inspections and provide EHP with a report.  If one is not meeting licence conditions, EHP is much more likely to carry out more frequent inspections until one lifts one’s performance to a better level.

EHP’s Clients who fail to comply with their licence, may face strong action to ensure the problem is fixed quickly.

EHP has already started making these changes to how we work to better regulate business and industry. Since February 2013 one may have noticed faster turnaround times for licences, fewer conditions, more site inspections, and tougher enforcement action.

For more information on these changes, please read the department’s regulatory strategy now available on the EHP website.

Wandoan Coal

Glencore Xstrata has officially shelved the $7b Wandoan thermal coal project in Qld amid a slump in the coal price, over-supply “and other challenges in the global coal market”.

Back in August 2011, the Mining giant was taken to the Land Court by the community based activist organisation – Friends of the Earth.  Glencore Xstrata was asked to defend the greenhouse impacts of its proposed Wandoan coal mine.  A variety of experts gave evidence concerning the impacts of Wandoan Coal mine on Qld's environment & the global climate. 

Environmental Workshop in Brisbane

Brought to you by Australian Sustainable Business Group sponsored by Sinclair Knight Mertz This intensive one day course provides the tools necessary to identify and understandenvironmental laws, liabilities and issues and apply practical solutions for managing them and putting them into practice in your business.  It also will bring you up to date on current environmental issues affecting Queensland, such as the recent actions by the new Government. This course has been especially designed for environmental, OH&S and site managerstaking on new environmental management responsibilities as well as for site managers needing to understand their corporate and personnel liabilities. Current regulatory issues with EHP (formerly DERM) - Green tape review Environmental law covering Queensland pollution and environmental laws, Federal environmental laws, climate change, greenhouse and energy legislation and much more. Covers the new environmental reporting and website monitoring posting requirements Introduction to waste, hazardous waste, air and water control issues. Environmental Protection Licences - do you need one, how to manage them, how to vary them. ISO 14001 Environmental Management System

Date:     18 April 2012 Venue:   SKM Offices, 32 Cordelia                Street, SOUTH BRISBANE Price:             Workshop   ASBG, SBA Members SKM clients  $395  non-members                            $480

Register NOW!  On-line registration click here http://communications.environmentbusiness.com.au/link/id/zzzz4f6973455c651427P13821444c9858bd27360/page.html?evuid=zzzz4f69734559894861 Click here to view the workshop overview and flyer  http://www.asbg.net.au/index.php?option=com_content&view=article&id=223:equip-environment-management-worshop-queensland-18-april-2012&catid=22:queensland-joint-events&Itemid=54

Green tape recycling

Recycling Legislation

Amongst the specific tasks relevant to the Environment and Heritage Protection portfolio, Premier Campbell Newman has asked Minister Andrew Powell to implement the LNP’s election commitment to reduce red tape (or in this case cut Greentape).

Minister Powell’s plan is based on the previous Government’s plan to cut Greentape.

Under the existing legislation most Environmental Approvals must go through a site assessment.  The LNP has adopted the previous Government’s proposed changes to legislation to 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.

The Environmental Protection (Greentape Reduction) and Other Legislation Amendment Bill 2011 was first introduced into parliament in October 2011. The Bill lapsed when the Queensland state election was called. 

On 29 May 2012 the Qld Government introduced a recycled version: Environmental Protection (Greentape Reduction) and Other Legislation Amendment Bill 2012 into the 54th parliament.

The new bill apparently has some minor corrections and clarifications which came to light during the development of materials for implementation of the Greentape Reduction project. These amendments do not change the intent or objectives of the Labor’s original Greentape Reduction Bill or project.

The changes in the LNP’s Bill include:

·      introduction of the term ‘eligible environmentally relevant activity (ERA)’ referring to activities which have set eligibility criteria and are able to comply with the criteria. These activities will be eligible to make a standard application;

·      removal of the requirement to provide statutory declarations in standard applications to allow for applicants to complete their applications online;

·      correction of responsibility to manage the suitable operator register to ensure it is centrally maintained by the department.

Following machinery-of-government changes and the disassembly of the Department of Environment and Resource Management (DERM), the Greentape Reduction project will now be managed and delivered by the Department of Environment and Heritage Protection (EHP).

While the bill has been referred to the Agriculture, Resources and Environment Committee, a Greentape Reduction Team will be working on the implementation phase of the project.

The Greentape reduction team  has 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.

Amendments to the approval process will see the timing of public notification changed so that it occurs earlier in the assessment process.  This will reduce assessment timeframes by around three months.

Around 2400 small mining operators will no longer have to complete a 15 page administrative requirement with the removal of the need for an environmental management plan for resource activities.

Overall, the Greentape reduction is estimated to save Qld businesses $11.7m per annum.

Mr Powell said he had consulted with industry, community and environmental groups and taken their views on board in drafting the Bill.

However, the Qld Conservation Council (QCC) is gravely concerned about moves to wind back environmental laws, in the name of reducing Greentape at a State and Federal Level.  QCC are alarmed at the lack of consultation with environment organisations or the broader community.

On 13 April the Council of Australian Governments (COAG) released a communiqué announcing its intention to implement changes to environmental laws across Australia. The changes are directed at both Federal and State laws with an emphasis on streamlining environmental assessment.

In upcoming ASBG workshops and subsequent issues of the Sustainable Business Weekly, ASBG Qld will focus on specific issues arising from the proposed Qld Greentape reduction legislation such as:

· Licence / Authorities changes;

· Waste (financial assurances);

· Contaminated land;

· Air and water pollution;

· EIS changes.

Green Tape Reduction Surgery

The Queensland Government is undergoing Green Tape reduction surgery.

Just how small is Campbell Newman's Green Tape?

As you may recall, the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Bill 2011 was introduced into parliament in October 2011. The Bill lapsed when the Queensland state election was called.

On 13 April the Council of Australian Governments (COAG) released a communiqué announcing its intention to implement changes to environmental laws across Australia. The changes are directed at both Federal and State laws with an emphasis on ‘streamlining’ environmental assessment processes.

The new LNP Queensland Government is also committed to reducing regulation and red tape by 20% and has adopted most of the initiatives that were proposed by the previous Labor Government.

While there is a strong case for reducing duplication and unnecessary paper work, many folks from the conservation and/or environment movement have grave concerns about the compromising on Environmental Protection and fast-tracking development.

The Newman Government's commitment includes the introduction of the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Bill 2012 into the 54^th parliament on 29 May 2012.

As well as contributing toward cutting red tape and regulation by 20%, the Government are claiming that the Greentape Reduction Bill will result in savings of $12.5 million per year, of which $11.7 million will be saved by business and industry.

Alleged benefits of the Bill include:

• an integrated approval process for all environmental authorities;
• a more proportionate licensing framework, including standard applications for alleged low environmental risk activities;
• a simpler and quicker process for amending and transferring licenses;
• corporate licences that allow an operator to have one approval for multiple activities across multiple sites;
• removal of the need for an environmental management plan for resource activities.

The introduction of standard applications alone has the potential to save each applicant an average of $20 000 in application preparation costs, 150 pages in application materials and 68 days in processing time. This will cut Queensland's green tape burden by approximately 62 000 pages per year.
Further information about the Greentape Reduction Bill, including updated frequently asked questions, can be found on the Greentape Reduction website.

Following machinery-of-government changes (chopping up of the Department of Environment & Resource Management), the Greentape Reduction project will now be managed and delivered by the Department of Environment and Heritage Protection.

As the Greentape Reduction Bill is debated in parliament, the Green Tape Reduction Team will be working on the implementation phase of the Greentape Reduction project.

The three key components of the threatened wind back of Federal regulations are anticipated amendments to the Federal Environment Protection and Biodiversity Conservation Act (possibly scheduled during the winter session of Federal Parliament this year), subsequent negotiations of bilateral arrangements between the Commonwealth and State Governments and thirdly changes to State and Territory laws.

This could all occur in the next 12 months.

To put it mildly, environment groups are alarmed at this attack on environmental protection laws. These laws protect our way of life.

Interstate Waste, DERM, Vegetation (VMA), Water

What a Waste!

ASBG in its submission notes that when the Queensland Government repeals the $35/t waste levy, it will make it economic sense for NSW businesses to avoid Sydney landfill levies by sending their waste north over the state border. This will occur for back filled loads this year and for one-way trips probably next year. The question is does Qld want NSW’s wastes under it competitive approach between states?

ASBG is calling for collaboration between jurisdictions on waste levies across State borders. It also recommends support for steel and paper recycling.

DERM is Dead

On 30 March 2012 the Queensland Government announced machinery-of-government changes for departments. The functions of the former Department of Environment and Resource Management will now be delivered by the following departments:

Department of Environment and Heritage Protection
Minister: Andrew Powell
Director-General: Andrew Chesterman

Department of Natural Resources and Mines
Minister: Andrew Cripps, Assistant Minister: Lisa France
Acting Director-General: Dan Hunt

Department of National Parks, Recreation, Sport and Racing
Minister: Steve Dickson
Acting Director-General: John Glaister

Department of Energy and Water Supply
Minister: Mark McArdle
Acting Director-General: Tim Spencer


Vegetation Clearing

Those of you with responsibilities for vegetation management should note that the new Queensland Government is reviewing current investigation & enforcement processes for alleged illegal vegetation clearing.
The Qld Government is undertaking a thorough review of the way that the penalty provisions of the Vegetation Management Act 1999 (VMA) have been applied to alleged breaches of the Act.

There will be a comprehensive review of the application of the provisions of the VMA to alleged breaches over the next six to eight weeks. The review will initially be undertaken independently of the Department by Crown Law, to determine whether or not a wider external review is required.

Approximately 100 cases of unlawful clearing have been prosecuted in Queensland since the commencement of the VMA in 1999.

A review of Water Licensing

The Acting Director-General of the Department of Natural Resources and Mines: Dan Hunt, has referred to the Crime and Misconduct Commission findings by the Land Court on inconsistencies in the way water licences have been awarded by the department formerly known as the Department of Environment & Resource Management (DERM).

The new Minister for Natural Resources and Mines: Andrew Cripps wants to ensure the new department uses robust, peer-reviewed science and that it follows proper process. Minister Crisp has instructed the new department to commission an investigation into the integrity of the implementation of water resource plans, which oversee water licensing to ensure there is transparency and accountability in the process.


The Case for Water Efficiency

One can be proud of the fact that we (as a society) made some wholesale behavioural changes and achieved a permanent reduction in water consumption (and wastewater generation). The Qld Government is reviewing red tape and promising to reduce the cost of water for consumers.

Within the next 76 days the LNP Government proposes to appoint the Gasfields land and water Commissioner to better oversee the relationship between rural landholders and the CSG industry. At the same time, the Qld Government shall start processes to amalgamate bulk water entities as part of their Four point plan to reduce water prices.

The future of the Queensland Water Commission (QWC) is under a shadow. The regulation and legislation for home and business water efficiency may be revoked by the new Qld Government in an attempt to be seen to be cutting Red Tape. The QWC is an independent, statutory authority established by the previous Qld Government. The QWC is (or was) responsible for achieving safe, secure and sustainable water supplies in South East Queensland and other designated regions.

The draft Position Paper – The Case for Water Efficiency - has been developed by members of the Australian Water Association (AWA) Water Efficiency Specialist Network Committee to advocate for the continued role of water efficient policies and practices in Australia’s future urban water supply and demand management.

The Position Paper makes the argument that water efficiency is a necessary and effective way of maintaining a secure water supply into the future and should be a high priority in a suite of measures to achieve water security.

The case for water efficiency, will be presented and discussed at the AWA’s Ozwater'12 Water Efficiency workshop The Future Role of Water Efficiency in Australia: Developing and Promoting a Common Approach.

The Qld Government is making plans to write down or write off (so-called) non-performing water grid assets. There does not appear to be any appetite in the Qld for commissioning the Western Corridor water purification scheme for the purpose it was designed and constructed.

DERM is dead

On 30 March 2012 the Queensland Government announced machinery-of-government changes for departments. The functions of the former Department of Environment and Resource Management will now be delivered by the following departments:

Department of Environment and Heritage Protection
Minister: Andrew Powell
Director-General: Andrew Chesterman

Department of Natural Resources and Mines
Minister: Andrew Cripps, Assistant Minister: Lisa France
Acting Director-General: Dan Hunt

Department of National Parks, Recreation, Sport and Racing
Minister: Steve Dickson
Acting Director-General: John Glaister

Department of Energy and Water Supply
Minister: Mark McArdle
Acting Director-General: Tim Spencer

A number of reviews are underway including:
* a review to change the way water licences are issued and enforced;
* an investigation and enforcement processes for alleged illegal vegetation clearing is underway.

Sustainable Business Weekly QLD Edition [supply chains, DERM, water, election]]

Sustainable Procurement

The Australian Sustainable Business Group in Queensland is looking for expressions of interests from individuals and organisations to submit abstracts and proposals for a Sustainable Supply Chain Conference in Brisbane on Tuesday 5 June 2012.

ASBG (QLD) would welcome abstracts for presentations &/or workshops that address the following themes:

· Bring down costs whilst delivering sustainability;

· Develop an effective sustainable procurement strategy aligned to organisational goals;

· Align your procurement processes to ensure engagement from suppliers;

· Effectively monitor the sustainability progress and competence of supply chains;

· Understand how much one can expect from suppliers and ensure it works for them too;

· Create a team of sustainability champions from one’s procurement team;

· Understanding how BS8903 and a range of other tools can help one overcome these challenges.

30 April 2012 – Abstract/proposals Submission deadline

DERM

The State Opposition have been critical of the Qld Labor Government’s environment credentials indicating that the Department of Environment and Resource Management (DERM)’s poor management was responsible for its ineffectiveness in administering and enforcing legislation.

An LNP Government would repeal the Waste Reduction & Recycling Act & would probably disassemble DERM. Shadow Minister for the Environment Andrew Powell said there’s no proper rigour & reporting in the management of waste in Qld.

Andrew Powell cites Auditor-General reports accusing DERM of focusing on outputs then outcomes when it came to mitigating risks to the environment.

Mr Powell was also quoted as saying: "Regional Queensland was subjected to inconsistent monitoring and compliance from the department and there was appalling and limited oversight to assist regions plan effectively."

This week the LNP Candidate for the seat of Ashgrove: Campbell Newman: pledged to split DERM into a mining and energy department, a resources department, and environmental regulation department.

The Qld Water Commission (QWC) which is currently supposed to be overlooking water issues in the Coal Seam Gas Development sector. Mr Newman proposed to scrap the QWC.

Water blame game

The institutional arrangements for the delivery of water & sewage treatment services are in a state of great flux.

It remains to be seen if either the Labor Party or the LNP (or any of the minor parties) can offer some rational solutions for restructuring the water sector in South East Queensland.

As a part of a first world country, SEQ has more complicated arrangements than most developing communities but our State & Local Authorities still can't get our proverbial together.

As a society, we flush and forget. The only reminder we get is the water utilities bills (which are now capped at CPI).

Our Municipal authorities have fragmented service delivery & are still dumping (treated) sewage effluent into Moreton Bay, while the infrastructure for water recycling (at Bundamba) is running on idle.

The retiring Energy and Water Utilities Minister: The Honourable Stephen Robertson said the time had come for LNP Leader Campbell Newman to come clean on whether or not he expects Logan and Redlands ratepayers to share the cost of disestablishing Allconnex.

Mr Robertson also called on Mr Newman to reveal how he plans to pay for his as yet un-costed four point water plan. The South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Bill was debated in Parliament this week in the last sitting before the election. While the LNP were critical of the Government, they did not oppose the legislation.

Qld State Election 24 March 2012

The Queensland Conservation Council has prepared a list of their environmental priorities for the next election. The priorities cover protected areas, special places, marine, sustainability, fossil fuels and mining and legal reform. http://www.qccqld.org.au/index.php?option=com_content&task=view&id=524&Itemid=2

AgForce Queensland (AgForce) considers itself as the peak body representing thousands of Queensland primary producers. AgForce has been in regular communication with politicians from both Labor and the LNP

to shape their policy platforms in the lead up to the 2012 election.

AgForce’s efforts are directed in five major policy areas: Land management, Rural and regional economic development, Transport and infrastructure, Biosecurity & Industry image.http://www.agforceqld.org.au/file.php?id=1285&open=yes

Closer to the election, the Australian Sustainable Business Group will also publish a key list of issues, based upon dialogues with all the major (and minor) parties. Please contact Rowan@asbg.net.au if you have particular concerns.

the Death of DERM

The following Ministerial Media Statement from The Honourable Vicky Darling indicates the imminent death of the Department of Environment and Resource Management if Campbell Newman has his way......

Thursday, February 16, 2012

LNP fails the environment again

The LNP has today mounted a shameless crusade to strip protections for Queensland and allow mining to proceed without environmental regulation, spelling disaster for the state.

Environment Minister Vicky Darling was appalled by Mr Newman’s admission today that he would pull apart the Department of Environment and Resource Management, proving an LNP government will be at the beck and call of big miners and big developers.

“The LNP have shown time and time again that have no interest in protecting the environment.

“I fail to see how protecting the world-renowned Great Barrier Reef is an action by green extremists.

“Or stopping sandmining from continuing indefinitely on North Stradbroke Island; or regulating coal seam gas activity; or protecting some of Australia’s most pristine and untouched river systems.

Ms Darling said it had been the worst kept secret that Newman plans to inflict revenge on DERM for its achievements in protecting the environment.

“They have promised to beef up the powers of the co-coordinator-general and turn the office into the facilitator-general* - and give it ‘real power’ for major developments right around the State.

Ms Darling said his plan to separate mines and energy regulation from environmental regulation is the most frightening of all.

“This is a nightmare return to the bad-old-days where the Mines department was in charge of issuing approvals for mines.

“Will mining proceed without environmental regulation? How can you separate mining approvals from environmental regulation?

“Is this Mr Newman or Mr Palmer calling the shots?

Ms Darling said that Mr Newman seems to have forgotten that DERM had led a series of landmark reforms to ensure Queensland’s environment remains protected and pristine for future generations.

“The long list of achievements includes wild rivers, coal seam gas regulation, North Stradbroke Island, reef protection, waste reform, climate adaptation, national park management, business sustainability, species protection and environmental approvals.

“Today he has committed to smashing up one of Australia’s most successful environment and resource management agencies – making a mockery of the departments huge achievements since its formation in 2009.

“To rip apart DERM is a slap in the face to the dedicated professionals working day in day out to deliver important environmental reforms.”

* See LNP resources and energy strategy p24

Media contact: 3239 0824 | 0408 732 491

DERM

Today a tweet came through my Twitter feed as follows:

sueGCB Sue Lappeman

So its "derm derm' for DERM? RT @KylieJacobson: Campbell_Newman says LNP will deal with the absurdity of DERM.

This was allegedly said at the QLD Rural Press Club Lunch

It confirms my suspicion that should @can_do_campell win #Ashgrove and a majority of seats in the Qld legislative assembly, that he will unceremoniously dismantle DERM...

I am interested to know how the alternative scenarios will pan out, if the mad Katter's tea party get any skin in the game...

DERM

The State Opposition have been critical of the Qld Labor Government’s environment credentials indicating that the Department of Environment and Resource Management (DERM)’s poor management was responsible for its ineffectiveness in administering and enforcing legislation.

A LNP Government would repeal the Waste Reduction & Recycling Act & would probably disassemble DERM. Shadow Minister for the Environment Andrew Powell said there’s no proper rigour & reporting in the management of waste in Qld. He cites Auditor-General reports accusing DERM of focusing on outputs then outcomes when it came to mitigating risks to the environment.

Mr Powell was also quoted as saying: "Regional Queensland was subjected to inconsistent monitoring and compliance from the department and there was appalling and limited oversight to assist regions plan effectively."

Please find follow some excerpts from DERM's Compliance Update which seem to contradict Mr Powell's assertions.

Prosecution Bulletin no. 1/2012 DERM has released its first prosecution bulletin for 2012. This bulletin reports the successful prosecution under the Environmental Protection Act 1994 and the Integrated Planning Act 1997 of a Queensland company in receivership for unlawfully operating a sewage treatment plan. Read more prosecution bulletins

Local Government Toolbox The Local Government Toolbox is a great source of information on environmental health issues - providing a wide range of useful tools on technical and customer-related matter managed by local government. The content provided includes: information on how to comply and how to apply for relevant permits, licenses and approvals fact sheets and guidelines checklists links to legislation. The information is provided for the benefit of business, the community and environmental health and customer service professionals both with and beyond local government. Read more about the Local Government Toolbox

Key DERM compliance documents Information about DERM's key compliance documents can be found on the compliance pages of the website. DERM's three major compliance documents are: Compliance Strategy 2010–14: conveys principles and strategies to ensure the compliance program delivers on DERM's objectives Annual Compliance Plan 2011–12: informs the community of planned compliance activities in the coming year Enforcement Guidelines: assist DERM in choosing an enforcement response and inform the community about DERM's compliance standards.