Greentape Reform

Greentape Reduction Reform

On 6 December 2013 amendments were made to the Environmental Protection Regulation 2008 as part of so-called Greentape Reduction reforms. Amendments include standard conditions for different prescribed environmentally relevant activities (ERAs) and prescribing conditions for small scale mining activities.

Standard Conditions

The Environmental Protection Regulation 2008 has made eligibility criteria and standard conditions for the following eligible ERAs.

·         ERA 2(1)(a) - Intensive animal feedlotting >150 to 1000 standard cattle units

·         ERA 2(2)(a) - Intensive animal feedlotting >1000 to 10,000 standard sheep units

·         ERA 3(1) - Keeping >400 to 3500 standard pig units

·         ERA 4(1) - Poultry farming >1000 to 200,000 birds

·         ERA 7(1) - Chemical manufacturing >200 cubic metres of water based paint in a year

·         ERA 7(3)(a) - Chemical manufacturing >200 tonnes of soap, surfactants or cleaning or toiletry products in a year

·         ERA 13(2) - Retreading tyres

·      ERA 16(2)(a) - Extracting 5000 to 100,000 tonnes of material in a year

·      ERA 16(3)(a) - Screening 5000 to 100,000 tonnes of material in a year

·      ERA 16(3)(b) - Screening >100,000 to 1 million tonnes of material in a year

·      ERA 16(3)(c) - Screening > 1 million tonnes of material in a year

·      ERA 23 - Bottling or canning 200 tonnes or more of food in a year

·      ERA 25(1)(a) - Meat processing, not including rendering, 1000 to 5000 tonnes of meat or meat products in a year

·      ERA 25(2)(a) - Meat processing, including rendering, 1000 to 5000 tonnes of meat or meat products in a year

·      ERA 26 - Milk processing

·      ERA 29(2) - Metal foundry, producing 50 tonnes or more of non-ferrous metal castings using permanent moulds in a year

·      ERA 38(2) - Surface coating, painting or powder coating using >100 tonnes of surface coating materials in a year

·      ERA 57 (V4) - Regulated waste transport

·      ERA 59 - Tyre recycling

·      ERA 63(1)(a)(i) - Sewage treatment works with total daily peak design capacity of 21 to 100 equivalent persons if treated effluent is discharged through an irrigation scheme

·      ERA 63(3) - Sewage pump station

Operators who are able to meet the eligibility criteria can now make a standard application for an environmental authority. If an operator needs to vary one or more of the standard conditions they may do so by making a variation application. Use the online tool to identify the correct application type for your project.

Small scale mining reforms

Small scale mining activities include:

·         a mining claim for 20 hectares or less for opals, gemstones and other precious stones,

·         an exploration permit (minerals) for 4 sub-blocks or less for minerals other than coal.

These activities were deregulated by the Mining and Other Legislation Amendment Act 2013 (MOLA Act) in March 2013.

This change to Qld’s environmental regulation means that small scale mining operators no longer need to apply for an environmental authority.

To support the reforms and ensure environmental standards are maintained, prescribed conditions relating to rehabilitation and financial assurance have been included in Environmental Protection Regulation 2008. The regulation also includes a list of designated environmental areas which are derived from ‘category C environmentally sensitive areas’ and supports the definition of small scale mining activity in the dictionary of the Environmental Protection Act 1994.

Other Changes to ERA regulation

From 2 January 2014 changes to the Environmental Protection Regulation 2008 will remove the devolution of administration and enforcement responsibilities in relation to particular ERAs from the State to certain local governments. A number of local governments that administered 10 or less licenced sites in their local area following the deletion of several ERAs earlier this year elected to have the administration and enforcement of these remaining ERAs returned to the State. A total of 17 local governments listed in Schedule 8A of the regulation no longer have devolved responsibilities, with 20 licences being transferred to the State.

The regulation also prescribes a fee of $2,200 for applications for a Temporary Emissions Licence.

One Stop Shop

Qld is finalising a new agreement on environmental assessments with the Commonwealth Government.  The agreement enables the establishment of a single assessment process that incorporates state and federal requirements to ensure proponents meet the national environmental standards.

The Federal Government will retain control over decisions involving offshore Commonwealth waters, nuclear actions and projects for which state governments are “likely to have a significant conflict of interest” as the proponent. The Qld Government will be able to seek input and advice on assessments from Commonwealth organisations such as the Great Barrier Reef Marine Park Authority  or the Supervising Scientist in relation to uranium mining and exploration.

Premier’s Sustainability Awards

Nominations are open for the 2014 Premier’s Sustainability Awards which recognise the achievements of Qlders who are developing or adopting sustainable practices.

Nominations close on Friday 14 March 2014. Finalists and winners of the 2014 Premier’s Sustainability Awards will be announced at a presentation dinner at the Brisbane Convention and Exhibition Centre on Friday 30 May 2014.  More information about the awards and an online application form can be found at www.ehp.qld.gov.au/premiersawards

Cutting Red Tape for the sake of cutting Red Tape

Earlier this year the Office of Best Practice Regulation (OBPR) delivered its final report, Measuring and Reducing the Burden of Red Tape, which aimed to identify key priority areas and a structure for achieving regulatory reform in Qld.

The OBPR was set up by the Qld Government soon after the State election to drive regulatory reform.

Key functions of the OBPR are:

·       Assessing the adequacy of proposed regulation using the Regulatory Impact Statement (RIS) System.

·   Communicating with government agencies and providing advice on how to ensure that regulatory approaches minimise the burden of regulation.

·     Undertaking reviews of policies and regulations that create a burden for business, government, and the community. The first step in this process involves reporting to Government on a framework for  reducing the burden of regulation

·     Implementing a permanent mechanism for businesses and community organisations to raise issues in relation to any regulatory matters. any regulatory matters

The Qld Government's Response to the OBPR's Final Report on Measuring and Reducing the Burden of Red Tape and Regulation can be found at -http://www.qca.org.au/Obpr/rbr/

The Qld Government has supported, either in full or in part, 98% of the recommendations in the OBPR’s Final Report. The Response provided a framework for achieving the Qld Government’s arbitrary target of reducing red tape by 20%.

The Qld Government appears to be cutting Red Tape for the sake of cutting Red Tape.  In doing so, decision making is being centralised into the Department of State Development and Infrastructure Planning in a way that we have not seen since the early 1980's. 

As part of these reforms, Ministers and Directors-General have been allocated red tape reduction targets for their portfolios.

The Qld Government has begun progressing more than 400 red tape reduction initiatives.  250 of them have been completed. This ranges from major legislative reforms to specific administrative arrangements.

The Qld Government has attempted to reduce costs in domestic dwellings, by removing the requirement for rainwater tanks, six-star energy ratings and electric hot water systems on new homes.

The Qld Government claims to be streamlining the development approvals process, predominantly through changes to elements of planning legislation:

·       The Sustainable Planning and Other Legislation Amendment Act 2012 (SPOLA Act) and the State Assessment and Referral Agency (SARA)

·       A single State Planning Policy

·       Changes to the local infrastructure contributions framework.

One of the first initiatives was the removal the waste levy, in order to save businesses millions of dollars a year in reduced paperwork and compliance costs. However, removal of the waste levee, also led to the loss of the associated waste reduction programs and has led to an influx of waste from interstate.

The Qld Government claims streamlining the approvals process for all Environmentally Relevant Activities (ERA) has saved affected businesses on average $20,000 in application costs, 150 pages of paperwork and 68 days of processing time.

Standard environmental authority applications for certain lower-risk activities are subject to simpler eligibility criteria and standard conditions.  EHP has released the proposed eligibility criteria and standard conditions for 19 prescribed ERAs—including screening, small sewage treatment plants & meat processing—for public consultation.

Standard conditions include performance and outcome based criteria.  For example and put in brief these conditions include:

·     The site must have written procedure/s that:

·       Identifies potential risk during operations and emergencies

·       Establishes control measures to minimise environmental harm

·       Trains staff and reviews performance

·       The site must not cause environmental nuisance at sensitive places (e.g. complaints from neighbours on odour, dust and noise)

·       Noise control includes no auditable noise from 7 pm to 7 am except Sundays from 7 pm to 8 am on to sensitive places such as dwellings, hotels or residential places, schools, hospitals or medical centers.

·       Store all chemicals >15 L in bunds

·       Manage stormwater to prevent or minimise environmental impacts

·       Implement sediment and erosion control measures

·       Store or remove wastewater if soil conditions or wet weather prevent release

·       On site closure the site be rehabilitated and not discharge contamination to waters and the land is safe for fauna and humans

These default conditions are likely to form the basis for the site-specific application.  While simple some can be considered quite strict and should be carefully reviewed. 

Companies looking to operate in Queensland will be facing the new criteria which is generally outcome focused and less concerning on the processes used to achieve these environmental outcomes.

Refer to the Consultation information sheet for further information on preparing your submission.  Submissions close 19 August 2013.

The Government claims that vegetation management reforms give landholders more control over their land and ensure primary producers can get on with growing their businesses without being hindered by unnecessary bureaucracy. 

In 2006, clearing of remnant vegetation to create pastures for agriculture was the principal activity that was stopped and which previously accounted for the vast majority of land clearing.

The high rates of land clearing and habitat fragmentation prior to 2006 in Australia, particularly in Qld, have been identified in State of the Environment reports as the single most significant threat to terrestrial biodiversity in Australia and Qld. For example, the State of the Environment Queensland 1999 reported:

The factor contributing most to the loss of biodiversity in Queensland has been and continues to be the destruction of native habitat by broadscale land clearing. Immediate effects on biodiversity include the removal or killing of species, the most obvious being plants, and the rapid reduction in habitat for other species. Habitat loss is a major factor in loss of woodland bird diversity in Australia: it has been estimated that 1000–2000 birds die for every 100 ha of native bushland cleared

Broadscale land clearing not only reduces the extent and diversity of natural ecosystems but also fragments them into remnant patches that, in many cases, are too small and too isolated to maintain viable populations of species.

Fundamentally, the objective is to change the culture of Government to one that actively reduces red tape, as well as addressing the systemic causes of over-regulation.  It remains to be seen if the pendulum swings too far towards politicized processes or an over-reliance on self regulation

Contaminated Land Auditors, Green Tape, ERAs and Waste

Contaminated Land Auditors

The Department of Environment and Heritage Protection has established the framework for assessing and approving auditor applications. Individuals applying to be a contaminated land auditor can refer to the draft prescribed guideline and draft prescribed code of conduct when completing and submitting the application form.  There are concerns this will make for a lower standard for contaminated site auditors who will find it easier to get their Qld certification.  Due to interstate licensing recognition requirements Qld qualified auditors will be permitted to operated in all other Australian states.

Green Tape Reduction

The Forms and fees finder: environmental authorities is an interactive web tool developed by the Department of Environment and Heritage Protection to help business and industry understand the requirement for applying for a new environmental authority and managing their existing environmental authorities (for example, amending, amalgamating, transferring and surrendering their environmental authority).

This tool translates the licensing framework for both prescribed environmentally relevant activities (ERAs) and resource activities in the Environmental Protection Act 1994 to a question and answer format.

The tool prompts users to select all their ERAs and identifies their application requirements, from the correct application form and annual fee to which environmental considerations should be covered in an application.

Draft eligibility criteria and standard conditions

The Environmental Protection 1994 allows for standard applications for an environmental authority to be made for certain lower-risk activities. A standard application is one where the activity is subject to eligibility criteria and standard conditions. The Department of Environment and Heritage Protection has prepared 19 sets of draft eligibility criteria and standard conditions for activities such as screening, small sewage treatment plants and meat processing.

The proposed eligibility criteria and standard conditions for the 19 prescribed ERAs have been released for public consultation.

One can use the template and the Consultation information sheet – Draft eligibility criteria and standard conditions for ERAs – Supporting information and making submissions when preparing your submission. Submissions close on 19 August 2013 and can be sent to: Epact.Policy@ehp.qld.gov.au

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

Greentape & lighthanded regulation

Greentape and “Lighthanded” regulation

The Greentape Reduction legislation introduced by the former Qld Government, prior to the last election is now coming into force on 31 March 2013.

The Qld Government is highlighting two important initiatives from this legislation:

·       the deletion of 20 environmentally relevant activity (ERA) thresholds from the Environmental Protection Regulation and

·       the implementation of a new Regulatory Strategy.

EHP's new Regulatory Strategy is a fundamental shift in the way environmental and regulatory activities will be undertaken, an increase its compliance activities and its enforcement actions will become stronger and more consistent.

One of the department’s first “light handed” actions was to relax processes to provide local governments with flexibility to manage their environmental relevant activities during natural disasters.

The release of the EHP Environment Recovery Plan sets out three key stages in the environmental recovery timeline:

·       Immediate or short term recovery—which aims to meet the immediate needs of affected communities. This includes restoring critical water supply and sewage treatment services.

·       Medium term recovery—which aims to address less urgent, high priority environmental issues and includes activities to manage waste and debris.

·       Long term recovery—which aims to restore the environment to near pre-disaster levels and includes such things as permanent repairs to water/sewerage infrastructure, and restoration of natural areas.

EHP has been working with local governments and industry as it addresses the requirements under the immediate and medium term recovery activities and has established a Local Government Recovery Coordinator to assist local councils with their immediate recovery and reconstruction work.

Gladstone Harbour

Gladstone Harbour is a test case for the Qld State Government’s approach to Environmental regulation in Qld.

Deputy Premier Jeff Seeney has expressed his desire to annex Gladstone Harbour from the Great Barrier Reef marine Park.

The Qld Government has appointed Dr Ian Poiner as the chair of the Gladstone Healthy Harbour Science Panel for the Gladstone Healthy Harbour Partnership.

Dr Ian Poiner who will be joined by a further seven scientists specialising in hydrodynamic, biogeochemistry, marine biodiversity, water quality, marine toxicology, ecosystem health and decision support and modelling.

ERA Thresholds Deleted

I note a the Qld State Government is making a wholesale move towards “A light-handed regulatory model”.  I shall be analyzing and unpacking the implications of this in future editions of this blog.

ERA Thresholds Deleted

The Queensland Government has approved amendments to the Environmental Protection Regulation 2008, including the deletion of 20 environmentally relevant activity thresholds. This will reduce the environmental regulatory burden for 9400 small to medium-sized businesses throughout Queensland. It is estimated that industry will save $6.18 million in annual fees.

The amendments to the Environmental Protection Regulation will take effect on 31 March 2013 to align with the changes to the Environmental Protection Act 1994 resulting from the Environmental Protection (Greentape Reduction) and other Legislation Amendment Act 2012.

Vested interests - Economic Development in Qld

Changes to Queensland’s development system under the Economic Development Bill 2012

Before the last Qld State election, the LNP promised to review the Urban Land Development Authority and return planning powers to local governments. 

Since being elected in March 2012, the Qld Government has not had a great record on acting in the 'public interest'.  However, the LNP also promised to "fast track" economic development of the State.  At the same time, the LNP Government is cutting red tape and green tape.

The Deputy Premier and Minister for State Development, Infrastructure and Planning, Jeff Seeney, on the 30 October 2012, has said:

“The essential reforms to existing planning and development legislation contained in this Bill will put the government in a position to facilitate economic development and development for community purposes and to deliver our election commitments, particularly where there are identified and persistent market gaps. Our government has committed to building a four-pillar economy for Queensland. Enacting the Economic Development Bill will equip us with the legislative tools necessary to identify and drive development projects that contribute to a strong and sustainable State economy by combining the powers of the former ULDA and the former Minister for Industrial Development.”

The repeal of the Urban Land Development Authority Act 2007

The Economic Development Bill 2012:

• repeals the Urban Land Development Authority Act 2007;

• creates a new Minister for Economic Development Queensland (MEDQ);

• provides for the optional establishment of local representative committees;

• allows the functions of the MEDQ to be delegated to other entities; and 

• introduces changes to the State Development and Public Works Organisation Act 1971.

The Economic Development (ED) Bill essentially replicates all of the provisions of the ULDA Act, but the powers and functions of the Authority will reside within the machinery of the State government rather than in an independent statutory corporation. As a result, the ED Bill maintains Queensland’s bifurcated planning system, allowing for impact assessment through the Integrated Development Assessment System (IDAS) to be by-passed where it is considered that there are particular economic and community benefits to be gained from development in the area, and there would be unacceptable impacts on delivery of the development were the Sustainable Planning Act 2009 (SPA) to apply.

The ED Bill provides for local government engagement in the process for making development schemes. The consultation and submission provisions relating to proposed development schemes are similar to those in effect under the ULDA Act. The most significant difference can be seen by comparing section 97(3) of the ULDA Act with section 13(3) of the ED Bill. While the ULDA is free to act alone in performing its functions, the MEDQ “…in planning for, or developing land in, priority development areas… must consult with each relevant local government”. This consultation is mandatory.

The ED Bill amends a number of Acts including the State Development and Public Works Organisation Act 1971 (State Development Act). ‘Significant projects’ become ‘coordinated projects’ under the amendments. This is said to ensure that there is no implication that such projects have some form of State support. The criteria for determining an application for a declaration of a project as a coordinated project have been broadened and made more discretionary.

The ED Bill seeks to achieve similar outcomes as the ULDA Act, while engaging with local governments in the plan making processes for PDAs, and potentially bringing them within the decision-making framework relating to development in PDAs. The legal mechanism to achieve this involves the appointment of local government members or officers to local representative committees and delegation to those committees, their members, or to local governments

of the MEDQ’s powers and functions. The concept is obviously worthwhile, but its implementation may prove difficult unless there is a clear demarcation of lines of responsibility and separation of the laws, powers and duties under which the delegate is acting.

The amendments to the State Development Act will improve the State’s capacity to fast track projects that are economically important. However, the ability of the Coordinator-General to cancel a declaration of a coordinated project on ‘public interest’ grounds is concerning, because it is only through what are essentially public interest grounds that a project is declared in the first place.