Showing posts with label environmental law. Show all posts
Showing posts with label environmental law. Show all posts

18 July, 2013

EHP's Performance Assessment

EHP’s Performance Assessment

The June 2013 Public Performance Report is available and provides an overall overview of Department of Environment and Heritage Protection’s self assessment of performance.

Information on the department’s assessment of its current and trending levels of performance in assessing and approving resource and development projects will be regularly published on the EHP website.

Last month, the Qld Government released the 2013–14 State Budget.

The Department of Environment and Heritage Protection’s $171.1m operating budget allocation and $30.1m capital budget includes a number of funding commitments including:

·       $11.7m to continue to increase koala habitat,
·       $10.7m for the protected land acquisitions program.
·       $4m for funding to community groups,
·       $3.7m for the regulation of the coal seam gas industry.
·       $2.5m, as part of a two year $4m commitment, to the Gladstone Healthy Harbour Partnership.
·       $2m as part of a four year $8m commitment, for the SEQ Healthy Waterways program.

The stated objectives for EHP in 2013–14 include:
·       continued measures to cut red tape,
·       implementation of practical programs that uphold environmental standards,
·       funding for grassroots environmental projects across the state.

Further to reforms to the current planning and development, the Qld State Government believes it has made further significant cuts to red tape. The Newman Government’s Resources Cabinet Committee has made it even easier to gain approvals for resources projects.
The Changes aim to streamline the environmental impact statement (EIS) process, which all large resource projects need to complete.

As part of the changes, the Coordinator-General and Department of Environment and Heritage Protection formulated new risk-based, generic terms of reference for EIS processes conducted under the State Development and Public Works Organisation Act 1971.

In practice, the EIS process should identify the same environmental values and propose the same environmental protection commitments that would be found in the Environmental Management plan, but an EIS typically goes into greater detail. The EIS is used by the proponent to develop an EM plan.

At an early stage, terms of reference are developed that provide the minimum expectations for the scope of the EIS. EHP publishes generic terms of reference to assist the development of project-specific draft terms of reference. The draft terms of reference are made available for a minimum period of 30 business days so that stakeholders and any member of the public can review the document and comment on what values, impacts and commitments should be considered in the EIS.

When the proponent has produced the EIS, it too is made available for a minimum period of 30 business days for stakeholders and the public to review the document, and to submit comments on the quality of the proponent’s assessment and commitments.

The aim of the process is to identify all significant impacts and propose all reasonable and practicable measures to protect the environment, before EHP develops the draft environmental authority.  A framework titled Managing the Impacts of Major Projects in Resource Communities, outlines a package of initiatives to assist local government, communities and industry work together to manage the impacts of resource development on regional communities.
A new suite of guidance and support material for applicants developed by EHP aims to help clients complete their application and avoid further information requests from the department. Fully completed applications allow EHP to complete the assessment process more quickly.

The reforms also include a government case management role with industry, state and local government and Local Area Infrastructure Programs (LAIPs) to prioritise community infrastructure investment.

EHP is still involved with the assessment and approval of resource and development projects under the Environmental Protection Act 1994.

During 2012–13 EHP completed environmental impact assessments on projects that, if they progress, will contribute $5 billion in capital expenditure.

In addition, EHP is also conducting assessments for more than 30 major resource project proposals, which will contribute up to $18 billion in capital expenditure.

Enhancements to EHP’s environmental assessment system in 2013 have also resulted in a significant reduction in assessment and approval times for environmental authorities.

In 2012–13 the average assessment timeframe for petroleum, geothermal and greenhouse gas activities was 28 business days, down from 56 business days in the previous financial year.


Waste Management Review

The Environmental Protection (Waste Management) Regulation 2000 expires on 1 September 2013. A review of the regulation has been undertaken and a discussion paper outlining several options is now available for comment.


Submissions close on 22 July 2013. You can email submissions to: Epact.Policy@ehp.qld.gov.au




16 May, 2013

Vegetation Management Amendment




The Vegetation Management Framework Amendment Bill 2013 was referred to the Qld State Development, Infrastructure and Industry Committee for consideration.  The committee was headed up by the Honourable David Gibson.  

A report was tabled to the House on Tuesday 14 May 2013, recommending the Bill be passed.

The Bill proposes to remove regulations regarding regrowth control on freehold and indigenous land, these regulations will still apply to leasehold land and in reef watercourses.

While it seems inevitable that this legislation will be passed by the Qld LNP Majority Government any day now, it would be nice to have some sensible discussion of the issues.

At one end of the spectrum, the World Wide Fund for Nature are running television and radio advertisements, which they say aims to prevent one of the largest environmental rollbacks in Australia’s history.

At the other end: AgForce's reinstated the AgForce Vegetation Management Committee have been gathering information on their perceived limitations of the current Vegetation Management Act 1999. AgForce are seeking public support for farmers in their bid to sustainably produce food. AgForce are painting Vegetation Management legislation as an unworkable administrative burden.








01 May, 2013

Environmental Legislation in QLD







I am putting together a program for a half day Environmental Legislative Update Seminar on the 18 June 2013, on behalf of the Australian Sustainable Business Group.

There is a lot to try to cram into a half day seminar.

A lot has changed with the introduction of "light handed" regulation, Green tape reduction and the fragmentation of the former Department of Environment and Resource Management.

The might be a discussion on source control of liquid trade waste.

Vegetation Management will be topical.

I am also looking at including something on the Economic Development Act and the State Planning Policy.

At a Federal Level, Australian Sustainable Business Group will provide an overview of:
* New carbon laws;
* Other related greenhouse: NGER, EEO, RET, Building Energy Efficiency, Off-set Standard
* EPHC: Air, Used Packaging, National Waste Policy, Product Stewardship, Contaminated Sites.


16 April, 2013

Contaminated Land






NEPM Amendment

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



ASBG is holding a series of conferences on the latest regulatory and policy perspective on contaminated land.

·       16 May 2013 in Sydney
·       23 May 2013 in Melbourne
·       30 May 2013 in Brisbane

The conference has been prepared for landowners and practitioners. It will focus on the amendment to the Assessment of Contaminated Site NEPM, other current regulatory changes and technical aspects of contaminated land management.

The NEPM establishes a nationally-consistent approach to the assessment of site contamination to ensure sound environmental management practices by the community which includes regulators, site assessors, contaminated land auditors, land owners, developers and industry.

The NEPM contains two schedules:
·       Schedule A, which is included in the NEPM, identifies the recommended process for the Assessment of Site Contamination.
·       Schedule B of the NEPM comprises 10 general guidelines for the Assessment of Site Contamination. (Schedules B(1) – (10) can be downloaded from the Environment Protection and Heritage Council.) 

A review of the NEPM commenced in 2004. In June 2007, NEPC agreed to initiate a process to vary the NEPM based on recommendations made in the NEPM review.  The amendment was finally approved by the Standing Council on Environment and Water on 11 April 2013.

The variation will ensure that the NEPM remains the premier document for the assessment of site contamination in Australia by drawing on the latest methodologies for assessing human and ecological risk from site contamination and updating guidance on site assessment methods in line with technological changes in Australia and overseas.

The recent 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.

State Ministers have recognised the contributions from all stakeholders, including the National Health and Medical Research Council, in the development of the updated measure.

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.


15 December, 2012

Changes to Environmental Regulation in Qld




An Overview of Changes to Environmental Regulation in Qld

 

In the space of eight months, the Qld Government has reformed Environmental regulation and the machinery of Government.

The newly elected Qld Government adopted the former Government’s Greentape Reduction Act (2012).

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.

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 54th parliament on 29 May 2012.  The legislation was adopted by the Newman Government and is intended to streamline environmental regulation to allow development to move through bureaucratic approval processes. The bill was passed on 31 July 2012, but will not take effect until March, 2013.

Other reforms have simply removed environmental protections, clearing the way for increased development of the state.

One of Newman’s first acts as Premier was to push the Commonwealth to cede power to the states for environmental approvals and management.  On 13 April 2012, 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. Presently, the Federal Government has to sign off on development in areas designated as having “national environmental significance”.

Supported by some within the private sector, the Qld Premier and Premiers from Western Australia, New South Wales and Victoria want the Federal Government to hand over control of the Environment Protection and Biodiversity Conservation (EPBC) Act. The Federal Government has since backed away from the changes and will retain oversight powers.

The Qld Premier has lobbied for development in the fragile Great Barrier Reef area, for which there are about 45 development proposals in the pipeline.

Dredging work in the Gladstone area, which has already led to changes in environmental standards, is supported by the Qld State Government.

“We are in the coal business,” the Premier told reporters. “If you want decent hospitals, schools, and police on the beat, we all need to understand that.”

The Qld Government is committed to the “four pillar” economy. The four pillars are tourism, agriculture, resources and construction and LNP policy specifically advocates for a removal of impediments to this economy.

Since March 2012, the Qld Government has:
- Removed the Waste Levy;
- Retracted State Government support from the $1.2 billion Solar Dawn solar research and power plant;
- Eliminated more than 1,400 jobs across government departments dealing with environmental concerns;
- Announced that it would roll back the Wild Rivers legislation;  
- Flagged changes to the enforcement of the Vegetation Management Act;
- Lifted the ban on shooting flying foxes,
- Proposed changes to the management of national parks;
- Announced plans to remove the SEQ urban footprint;
- Prioritised development in the Great Barrier Reef area;

The previous Government had amalgamated a number of Departments into the Department of Environment and Resource Management (DERM).  The current Government has dismantled DERM.

Now, Qld has departments of:
-     Environmental Protection and Heritage, 
-    Resource Management and Mines,
-     Energy and Water Supply,
-     Agriculture, Fisheries and Forestry
-     National Parks, Recreation, Sport and Racing. and
-     State Development, Infrastructure and Planning.
-     The Office of Climate Change was disbanded in May, 2012.

In a press conference after his election, Newman said the changes would “create a department with a stronger focus on environment” and that he wanted to be able to speed up mining and development approvals.

In November 2012, National Parks, Recreation, Sport and Racing minister Steven Dickson announced legislative changes to boost tourism in national parks. The Newman’s Government wants Tourism and National parks together.

The Qld State Government has also made redundant 30 inspectors, whose role was to carry out compliance checks on resource and development projects with environmental conditions attached.

The Queensland ombudsman, Phil Clarke, released a report on 26 September 2012 that found streamlined government processes designed to ensure consistent, expert advice when making environmental assessments were no longer working properly.

In August 2012, the temporary state planning policy ‘Planning for Prosperity’ was released. The Qld coastal-protection plan which regulated development was suspended in October 2012 because it “is not sufficiently supportive of the Government’s commitment to grow the four pillars of Qld’s economy”, according to the draft plan that replaces it.

19 June, 2012

Environmental Workshop in Brisbane





EMP banner
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 

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