Ella Bay and Planning Legislation

Ella Bay and Planning Legislation

The Qld Government is committed to “fast tracking” the processing of development applications.

Qld’s biggest-ever tourism development - a $1.4 billion integrated tourism and residential community at Ella Bay, near Innisfail in far north Queensland - has recently been approved by the Qld Government.

The approval of this project was made possible through changes which will be implemented through legislative amendments to the Sustainable Planning Act 2009 (SPA).

The EIS process for Ella Bay began in 2005. The current Coordinator-General brought it to a conclusion over the last seven months. The Sustainable Planning and Other Legislation Amendment Bill 2012 was passed by Parliament on 13 November 2012.

The Bill enables the Qld Government to fast track development by:

§ improving the coordination and responsiveness of state government in dealing with particular development applications (proposing development within or partially within state jurisdiction);

§ removing master planning and structure planning arrangements;

§ reducing regulatory 'red tape' for development applications involving a state resource;

§ allowing a development application where not all the mandatory supporting information has been provided;

§ providing that certain provisions within the Qld Planning Provisions also apply to local government planning schemes made under the Integrated Planning Act 1997 (repealed)

§ enabling the Planning and Environment Court to order costs in certain circumstances;

§ introducing an alternative dispute resolution process in the Planning and Environment Court for minor disputes which will enable these disputes to be resolved more quickly.

The Coordinator General has granted approval for the Ella Bay project and sent his report to the Federal Minister for Environment Tony Burke for his consideration. Federal Environment Minister Tony Burke said his assessment would be thorough in the 30 business days in which he had to make a decision.

The project proposes the creation of three resort precincts, four residential precincts, a retail village, an 18-hole golf course and a cassowary research and education centre on the site of a 450 hectare cattle property.

The tourist development would comprise 860 units and villas and the residential component 540 permanent residences. The developer has also proposed sustainability measures which include the project being totally water self-sufficient through rainwater capture and recycling, the use of renewable energy resources, with all power to be generated on-site, a number of environmental protection and management programs, and ‘green’ transport options on-site.

The Coordinator-General’s approval is subject to 38 conditions and Satori gaining all statutory State approvals, Commonwealth approval and meeting its commitments listed in the report.  The Coordinator-General’s assessment was based on the proponent’s Environmental Impact Statement (EIS) addressing key issues relating to the cassowary population, water quality and road access, including a 4 kilometre upgrade of the existing Ella Bay Road and a new 880 metre road that will bypass Flying Fish Point. The Coordinator-General’s report can be viewed at: http://www.dsdip.qld.gov.au

State Development Minister Jeff Seeney said he believed environmental concerns, particularly for cassowaries, had been taken into account.

"There is fencing to stop them crossing the road indiscriminately in areas where they might be endangered and then there will be tunnels for them so they can cross under the road in a safe manner," Mr Seeney said.

However, the developer's own report into other cassowary crossings in the region found they were not well used.

removing "ecologically sustainable" from ESD

The Queensland Government is committed to more effective and efficient processing of development applications. 

These changes will be implemented through legislative amendments to the Sustainable Planning Act 2009 (SPA).

Read more about the Sustainable Planning Act 2009

The Sustainable Planning and Other Legislation Amendment Bill 2012

The Sustainable Planning and Other Legislation Amendment Bill 2012 was passed by Parliament on 13 November 2012.

At planning reform forums in May to July 2012, local governments, the development industry and environmental sector representatives identified that a number of concepts and processes within Queensland's planning and development system could be improved. This information is being used to identify priorities for change over the next 6 to 24 months.

The Bill seeks to achieve planning reform by:

• improving the coordination and responsiveness of state government in dealing with particular development applications (proposing development within or partially within state jurisdiction)
• removing ineffective master planning and structure planning arrangements
• reducing regulatory 'red tape' for development applications involving a state resource
• providing some flexibility to accept a development application where not all the mandatory supporting information has been provided
• providing that certain provisions within the Queensland Planning Provisions also apply to local government planning schemes made under the Integrated Planning Act 1997 (repealed)
• enabling the Planning and Environment Court to order costs in certain circumstances
• introducing an alternative dispute resolution process in the Planning and Environment Court for minor disputes which will enable these disputes to be resolved more quickly.

State planning policies

The Queensland Government is establishing a new approach to state planning policies that simplifies and clarifies the state's interests. The new approach means that one single state planning policy will be developed to replace the various current state planning policies in existence.

National Sustainability Council Australia

The National Sustainability Council Australia

 

Tony Burke, Minister for the Environment, has announced the establishment of a National Sustainability Council for Australia.

Mr Burke said the council would provide independent advice to the government on sustainability issues and produce public reports against a set of sustainability indicators.

This program will allow for the collection of data guided by a set of sustainability indicators that will measure the Government’s progress while delivering capacity for better planning and decision making.

The National Sustainability Council will report against the sustainability indicators every two years, highlighting key trends and emerging issues for policy and decision makers and communities around Australia.

The definition of "sustainability" appears to have diverged from "ecologically sustainable development"....

The indicators will provide information about our economic, natural, social and human capital. They will cover a broad range of issues including housing supply, broadband internet connections, water consumption, recycling rates, ecosystem protection, educational attainment, feelings of safety, under- and unemployment and mental health.

More information on the National Sustainability Council and the sustainability indicators is at www.environment.gov.au/sustainability/measuring.

 

National Sustainability Council

Chair

Professor John Thwaites, Chair of the Monash Sustainability Institute and ClimateWorks Australia

Members

Mr Rod Glover, public policy and innovation expert, and former Deputy Secretary with the Victorian Department of Premier and Cabinet

Dr Tom Hatton PSM, Group Executive, Energy, CSIRO and Chair of the 2011 State of the Environment Committee

Professor Graeme Hugo AO, Director of the Australian Population and Migration Research Centre and Australian Research Council Professorial Fellow at the University of Adelaide

Mr Mark Joiner, Executive Director Finance, National Australia Bank

Ms Romilly Madew, Chief Executive of the Green Building Council of Australia

Ms Sam Mostyn, company director and corporate sustainability advisor

Professor Sue Richardson AM, Principal Research Fellow, National Institute of Labour Studies, Flinders University

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.

SSEE Sustainability Assessment Training

Sustainability Assessment Training

The Society of Sustainability and Environmental Engineering are running a Two Day Course on the 29 - 30 August 2012.

Sustainability assessment is an emerging tool to direct decision making towards sustainability and deliver better outcomes for business and the community as a whole. In this course you will learn about the use of sustainability assessment as both a regulatory tool that goes beyond traditional impact assessment and an internal planning tool to transform organisational decision making and subsequent operations.

The aim of the training is to introduce participants to current thinking and understanding of sustainability assessment concepts, procedures and techniques. This includes:

·       Sustainability assessment principles, processes and issues

·       Sustainability as a tool for approval of new development proposals

·       Sustainability assessment to inform planning and discussion making within an organisation

·       A generic 7 step process framework for sustainability assessment of any proposals ranging from physical projects to plans and policy change

·       Various tools and techniques that can be usefully applied in sustainability assessments.

·       How to develop a sustainability decision-making protocol appropriate to a particular context, by drawing on relevant strategies and standards. To register please go to the event listing on the SSEE website.

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:                           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 Click Here To View More Information and The Conference Overview and Flyer link or link:  http://www.asbg.net.au/index.php?option=com_content&view=article&id=276:qld-contaminated-land-conference-30-may-2013&catid=6:nsw-seminars&Itemid=10 Click Here To Register Link: http://www.asbg.net.au/index.php?option=com_content&view=article&id=63&Itemid=13 _

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

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, ASBG- Overview 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 Wild, Partner, 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 Date:      18 July 2012      Time: 9 am – 4:40pm Venue:   Henry Davis York’s Rooms                L19, 324 Queen Street, BRISBANE Price: ASBG, SBA, , ALGA, ACLCA QLD, Members / Clients                     - $395 Non-members                            - $480 Click Here To View More Information and The Conference Overview and Flyer link or link:  http://www.asbg.net.au/index.php?option=com_content&view=article&id=240:qld-contaminated-land-laws-and-policy-conference-18-june&catid=7:qld-seminars&Itemid=11 Click Here To Register Link:  http://www.asbg.net.au/index.php?option=com_content&view=article&id=63&Itemid=13l __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Enquiries: phone 0407 238 258 or email: rowan@asbg.net.au

rio plus 20

In the opening lines of Paul Hawken's Blessed Unrest, he writes:

"...people are curious to know what is happening in their world, but no speaker wants to leave an auditorium depressed, however dark and frightening a tomorrow is predicted by the science that studies the rate of environmental loss. To be sanguine about the future, however, requires a plausible basis for constructive action: you cannot describe possibilities for that future unless the present problem is accurately defined  ....."

This week will see more than 100 Heads of State gather in Rio de Janeiro for the third World Summit on Sustainable Development: "Rio Plus 20".  I won't be there in person but I have Peter Allen playing in my head and my two year old has loaned me her maracas.  My beloved wife and my two daughters keep smiling at me.....

When my Baby, When my baby smiles at me I go to Rio De Janeiro 
My-oh me-oh 
I go wild then I have to do the samba, then la Bamba 
Now I'm not the kind of person with a passionate persuasion for dancin' or romancin' 
But I give in to the rhythm and my feet follow the beat of my heart 

When my baby, when my baby smiles at me 
I go to Rio, De Janeiro 
Me salsa fellow 
When my baby smiles at me 
She shines the lanterns of my life 
And I am free at last what a blast! 
Whoa 

When my baby, when my baby smiles at me 

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.