south australia’s environment protection authority environment protection (water quality) policy...
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South Australia’s Environment Protection Authority
Environment Protection (Water Quality) Policy 2015
Pre-commencement Information: key clauses
Clive Jenkins and Steven Mudge
For enquiries, please contact Clive Jenkins [email protected]
For reference, the Policy can de downloaded here
Please note: The information provided should be treated as a guide only, and is not a substitute for independent legal and financial advice in relation to all of the information contained herein.
Policy clauses that need most explanation
• Clause 9 (general environmental duty), linking to- clause 4 (waste management hierarchy)- clause 5 (environmental harm)- clause 6 (environmental values)
• Clause 12 (discharge limits)
• Apply the Waste Management Hierarchy
• Follow EPA Guidelines and Codes
• Protect environmental values by reference to National Water Quality Guidelines
Ecosystems and primary Industry(Avoid trigger values in a discharge)
Recreation
Drinking water
• Promote and encourage changes which achieve improved environmental outcomes.• Risk-based regulatory decision making to investigate environmental harm and/or seek compliance
by issuing an Environment Protection Order or by application of other regulation options and tools.
• Failure to comply with the duty indicates that environmental harm may be occurring (clause 5 in the WQEPP 2015)
• Failure to comply with the duty does not constitute an offence (Section 25(4) of the Act), although…
Your responsibilities
EPA responsibilities
Implications if you fail to comply
Clause 9: General Environmental Duty
Clause 9: General Environmental Duty
Is there actual or potential for environmental harm? Refer to clause 5
Yes…• The EPA may apply its system for managing
non-compliance and consider regulation options and tools.
• The EPA may require those responsible for environmental harm to identify and implement additional measures to prevent/minimise harm.
No…Maintain surveillance
Risk-based regulatory approach
Back
Clause 12: Discharge Limits
• Specific activities within specific geographic boundaries
• Thresholds that must not be exceeded
• Provide regulatory certainty within reasonable and practicable limitations
• They need to be:
(i) Specific, measureable, achievable, relevant and time-bound
(ii) A challenge, stretch, reach, not easy
(iii) Consulted and negotiated - clause 22
• Subject to regular review to achieve improvements over time if there is environmental harm
• Discharge limits can also be developed as licence conditions. They would operate in much the same way (but site specific and subject to normal licence condition arrangements)
• The EPA is currently exploring the procedures that would allow discharge limits to be set and operate
• On the EPA website (coming soon):
- FAQ
- General environmental duty (information sheet)
- General environmental duty (detailed guideline)
• Targeted group information sessions can be arranged
• 2003 policy exemptions: some will be cancelled, others will be retained. Exemption holders will be notified soon.
• For enquiries, please contact Clive Jenkins [email protected]
Further information