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Round-table 2002

Conference Report

c h a l l e n g e s a n d o p p o r t u n i t i e s f o r a m o r e e f f e c t i v e E PA

Government of South Australia

Round-table 2002

ëchallenges and opportunities for

a more effective EPA

January 2003

Round-table 2002ëchallenges and opportunities for a more effective EPA

Author: Rachel Bishop

For further information please contact: Information Officer

Environment Protection Authority

GPO Box 2607Adelaide SA 5001

Telephone: (08) 8204 2004

Facsimile: (08) 8204 9393

Free call (country): 1800 623 445

ISSN 1328 5343

January 2003

¢ Environment Protection Authority

This document may be reproduced in whole or part for the purpose of study or training, subject to the inclusion of an acknowledgment of the source and to its not being used for commercial purposes or sale. Reproduction for purposes other than those given above requires the prior written permission of the Environment Protection Authority.

Printed on recycled paper

TABLE OF CONTENTS

FOREWORD ........................................................................................................... V

1 INTRODUCTION................................................................................................ 1

Purpose ...........................................................................................................1

Participants......................................................................................................1

The Round-table process.....................................................................................1

Process used to address areas of concern ..............................................................1

List of sessions .................................................................................................2

2 EPA ACHIEVEMENTS JULY 2001êJUNE 2002 ....................................................... 5

3 ADDRESSING THE CONCERNS: INITIATIVES FROM THE 2002 ROUND-TABLE .............. 6

Compliance and complaint management................................................................6

Education and communication.............................................................................7

Policy and planning...........................................................................................7

Waste management and resource use ....................................................................8

4 CONCERNS IN DETAIL....................................................................................... 9

Air and noise emissions......................................................................................9

Compliance and complaint management.............................................................. 11

Education ...................................................................................................... 15

Governance .................................................................................................... 19

Management systems ....................................................................................... 19

Partnerships with local government.................................................................... 21

Planning, major assessments............................................................................. 23

Policy and guideline development ...................................................................... 26

Radioactive wastes and uranium mining.............................................................. 30

Solid waste, recycling, resource recovery............................................................. 31

Water pollution, aquifer storage and recovery, stormwater reuse ............................. 36

ABBREVIATIONS .................................................................................................. 40

APPENDIX Aë2002 ROUND-TABLE LIST OF INVITEES ............................................... 41

APPENDIX BëROUND-TABLE FEEDBACK STATISTICS ................................................. 49

APPENDIX CëEPA PUBLICATION LIST, JUNE 2002................................................... 51

APPENDIX DëCOMMITTEES AND BOARDS IN WHICH EPA OFFICERS PARTICIPATE ......... 58

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FOREWORD

I have pleasure in presenting the EPAçs response to the ideas and comments made during this yearçs annual Round-table. This was the EPAçs sixth Round-table and it provided a valuable opportunity for interested members of the community to express their views on environment protection as well as relaying current information to the EPA on ways to improve the way we do our work.

This environment protection forum is unique to South Australia. No other Australian EPA allows for this type of annual consultative public forum. The EPA has used a wide range of methods and techniques for Round-tables and this yearçs method, open space technology, successfully provided all participants with the opportunity to express their key issues and ideas and to explore them with other participants.

Our theme for this yearçs Round-table, åchallenges and opportunities for a more effective EPAç, allowed participants to consider their experience of working with the EPA and offer advice on our future directions. It also incorporated the new Governmentçs intentions for establishing a more independent EPA. Many initiatives to further the independence and effectiveness of the EPA were recently passed by Parliament and should come into effect in early 2003. Further legislative reform is planned for 2003.

Shortly after the Round-table conference, the Government created a new administrative body called the Environment Protection Authority with its own Chief Executive. This new arrangement provides greater independence to the EPA for the programs and activities that it is responsible for delivering on behalf of the EPA Board.

The EPA has come a long way since its inception in 1995. We have steadily built our organisation, and introduced systems to ensure proper administration of the of the Environment Protection Act 1993. We are one of the youngest EPAs in the country but I believe that we are also one of the most progressive and committed.

The information gathered at this yearçs Round-table is an exceptionally important part of this building and planning process. This information has been considered by key experts and managers in the EPA to help them develop initiatives and programs for environmental protection into the future.

This response document provides some key areas and initiatives emanating from the Round-table as well as providing information on EPA programs and activities already under way that respond to issues raised.

Thank you to all those who participated in the 2002 Round-table; the EPA looks forward to further effective consultation in the future.

Stephen Walsh QC Chair Environment Protection Authority

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INTRODUCTION

Purpose The Environment Protection Authority (EPA) Round-table conference is one of the EPAçs main consultation tools. The EPA has held Round-tables each year since 1997 to provide an open forum for the community to exchange ideas, raise concerns and receive information on environmental protection as conducted by the South Australian EPA. The Round-table conference is open to all and in recent years has attracted over 300 participants.

The Round-table consultation process is a legislative responsibility of the EPA. Section 19 of the Environment Protection Act 1993 (the Act) states that the purpose of the Round-table is to assist the Authority and the Minister to assess the views of interested bodies and persons on such matters related to the operation of the Act or the protection, restoration, or enhancement of the environment within the scope of the Act, as the Authority may determine.

Participants Anyone can attend the EPA Round-table. Representatives from industry, business, government agencies, local government, catchment water management boards, community groups and individuals attend and contribute to the Round-tables.

The representation of participants for 2002 was as follows:

· community groups 20%

· industry 34%

· waste management 14%

· professional groups 12%

· local and State government 20%

A list of invitees is included in Appendix A.

The Round-table process In 2002 the EPA used a new and dynamic method for facilitating and organising the Round-table. This was to ensure that participants had an unrestrained opportunity to raise issues of concern to them, and that the EPA received the widest and most extensive feedback possible.

The åopen space technologyç (OST) format has no agendas pre-set for the day, so every participant had the opportunity and responsibility to put forward their issues. It also allowed other participants to choose issues of greatest interest which they could discuss and consider.

This format allowed for a variety of issues to be raised and discussed. In total, 56 discussion sessions were held over the day.

Feedback from participants on the day suggested they were satisfied that this method worked for the Round-table. The majority of respondents also believed that the OST format should be considered for future Round-table events.

Participant evaluation of the 2002 Round-table is given in Appendix B.

Process used to address areas of concern The 56 topic sessions of the Round-table canvassed many issues and identified a wide variety of suggestions and concerns.

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Following the day, the EPA reviewed each session, found common areas of concern, grouped them into subject areas to be addressed and conducted interview sessions with relevant EPA senior staff and managers.

New initiatives determined by the EPA resulting from these reviews were ultimately grouped into four main themes (see Section 3). Information on existing EPA programs relevant to the issues raised is also provided (see Section 4).

New initiatives have been assigned to the relevant EPA branch areas for development and implementation.

List of sessions The following topics were considered during the 2002 Round-table. A full, unedited transcription of proceedings is available from the EPA or from the EPA web site.

Topics raised and explored 1. developing environmental management systems 2. ultra low sulphur diesel 3. leaching of chemicals into waterways from cigarette butts 4. improved access/communication for industry and public to discuss situations with

EPA officers without delay 5. improving the water quality of the River Murrayíhow? 6. lack of collection facilities for recycling plastic 7. management and operation of waste landfill sites 8. educating the community on recycling waste and water 9. weed invasion in South Australia 10. no control over buffer zones 11. improving coordination between EPA and other agencies relating to aquifer storage

and recovery schemes 12. EIS statements under the Development Actíhow do we make them true and

believable? 13. inappropriate siting of landfills 14. environmental sustainability of some recycling practices 15. duplicated with No 13 16. pushing and pulling the EPA

16a Pulling and pushingíalong with regulation EPA must educate 17. water, water 18. conserving and improving native fauna and flora, conservation and biodiversity for

the future 19. greater effort and encouragement for the reduction of containers and packaging

finding their way into landfill sites 20. assisting rural local government areas to meet EPA aims where costs are incompatible

with council income 21. (and 21a) sustainable developmentícleaner production, alternative resources, linking

the EP Act and Development Act 22. the social impact on residential areas by industry 23. review of in-situ leach uranium mining and EPA management of uranium mine

wastes

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24. a better way to dispose of scrap tyres 25. addressing development approval hurdles for developing new environmental

technologies 26. appointments to the EP Authority (now Board?) 27. and 27a environment impact assessment and the Development Assessment

Commission 28. and 28a local/State government interactions 29. winery residue/effluent solutions 30. recycling domestic hard refuse 31. radioactive waste management 32. and 32a better integration of occupational health and safety and environmental

systems; and better solutions for resident/industry problems 33. zero landfill 34. the storage, collection and correct use of our stormwater 35. cooperation and understanding between industry and neighbours 36. involvement in ODS and global warming substances 37. understanding the ongoing indigenous management of our environment 38. and 38a level playing fieldíit costs more to be green 39. electromagnetic fields and energy transmission 40. advance sustainable farming systems that are environmentally friendly 41. consistency in all planning with environmental, social and economic issues for

sustainability for all 42. air qualityíEPA should have the capacity to assess the air quality impacts of transport

and planning proposals 43. preventing TVs going to landfill 44. and 44a ensuring active involvement of future generations in environmental decision

making 45. best practice wastewater management and reuse 46. levy on landfills 47. environment and the economyímust work together 48. managing change 49. foundry noise and pollution 50. dealing with environment pollution in an integrated way 51. relationships between EPA and waste industry 52. holistic environmental management that involves every stakeholder group 53. indoor air quality 54. more customer orientated guidelines including publications to address key

environmental issues 55. technical bulletin and managing change 56. and 56a decisions about environmental management should be based upon real

information and knowledge not supposition and guessworkíthis requires investment

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Topics raised but not explored The following issues were raised on the day but were not subsequently considered by discussion

groups.

· powers of the EPA to monitor aquaculture licences and take action for breaches of the Act

· proper weight be given to long and short term economic, environmental, social and equity considerations in deciding all matters related to environment protection, restoration and enhancement

· ongoing commitment and integration of environmental and OHS issues at workplace and how to resolve conflict between elderly, polluting industry and housing in inner suburbs and give residents strategies for action

· the creation of collection facilities for plastics suitable for re-manufacture

· access to EPA to address noise and siting issues of air conditioners and reasonable access to the courts to obtain fair and reasonable redress to complaints

· value adding and changing/providing effective solutions and use of residues from winemaking and ensuring we share responsibility with industry

· water is the basis of all our world therefore improvement is a necessity

· controlled development is a two way street

· educating the community on recyclingíwasteíwater and tapping into natural resources

· the re-use/recycling of winery effluent

· more customer orientated guidelines including publications to address key environmental issues

· regulatory creep on industry through the issue of technical bulletins by EPA.

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EPA ACHIEVEMENTS JULY 2001êJUNE 2002

Over the last year the EPA:

· established a dedicated team of professional staff to coordinate more effective and timely responses to developments referred to the EPA under the Development Act 1993

· continued to undertake additional regional consultation in both outer metropolitan and rural areas (this is a key activity to ensure greater access to the EPA as well as providing it with relevant local information and opportunities)

· improved our regional presence by opening up a second regional office at Murray Bridge ideally located to respond to the ever-increasing challenges facing the River Murray

· made allocations to strengthen and expand the EPAçs Investigation Unit (since it was established three years ago the unitçs capacity to successfully prosecute major breaches of the Act has dramatically improved)

· successfully prosecuted eight companies and issued over 60 Environment Protection Orders (EPOs)

· established the Waste to Resources Committee to respond to the challenges facing the community in waste management and resource recovery

· established a sub-committee and working groups for developing the 2003 State of the Environment Report to be completed in 2003

· introduced key monitoring information for our communities accessible through the EPA web siteíthe Adelaide Air Quality Index and the Adelaide Bathing Waters Quality index

· initiated three major environmental audits during the last 12 monthsíall licensed wineries across the State, regional solid waste landfills and key industries in the Port Adelaide Precinct

· developed and introduced new Environment Protection Policies (EPPs) for motor vehicle fuel quality and on controlling used packaging wastes.

For a list of EPA publications see Appendix C, or see our web site (www.epa.sa.gov.au/pub.html).

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ADDRESSING THE CONCERNS: INITIATIVES FROM THE 2002 ROUND-TABLE

There were useful and innovative suggestions from participants at the Round-table.

Many of the issues and concerns raised are currently the subject of EPA work, which may indicate

that information on our work is not being communicated well. Some of the issues raised fall

outside the responsibility of the EPA and, for these, we have tried to provide information on the

issue or the appropriate web addresses or contact details for interested people to follow up.

General areas of concern fall within the four major areas of work for the EPA:

· compliance and complaint management

· education and communication

· waste management and resource use

· policy and planning.

Under each of the four headings is further information regarding how the EPA is addressing the

issues as well as the new initiatives resulting from the 2002 Round-table.

Compliance and complaint management

The concerns A number of concerns were raised regarding the issue of compliance management. Some concerns pertained to the way the EPA managed the monitoring of licensed premises. Discussions were also held about the application of licences for all businesses, regardless of their size.

Concern was expressed that the EPA needed to focus its resources on areas of greater environmental concern.

Participants were also calling for a greater level of access to EPA staff, as well as suggesting that EPA staff need customer service training.

How the EPA is dealing with this issue · The EPA is introducing a new system of licence management. Known as load-based licensing,

this system will become a significant component of the EPA licensing system, with fees based on the amount of pollution or waste generated rather than the scale of operation as currently applies.

This application of the åpolluter paysç principle under the Act has two components: the level of fees, and the way fees are charged. The effective combination of both of these components aims to provide the incentive to improve environmental performance and reduce discharges of pollutants.

· The EPA is also introducing a new way of assessing and managing staff performance. The åCapability Profileç system will provide all staff in the EPA with information and benchmarks on the areas of skills, abilities and knowledge required to perform their roles. All staff will be audited against the set benchmarks for their work areas.

This information will determine training and development needs for individual staff, and enable the EPA to determine the type of training to provide to staff. It is anticipated that if customer service is identified as an area needing development then that training will be provided through this process.

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Education and communication

The concerns The role of education and communication within the EPA flowed through many topic areas. There were calls for greater levels of education initiatives on the standards and rules the EPA applies.

There were also high levels of concern that the EPA is concentrating too heavily on compliance without due regard to education.

Round-table participants saw education and communication as crucial components of the delivery of effective administration under the Act.

How the EPA is dealing with this issue · Many of the concerns raised regarding education and communication across the EPA will be

addressed through the Marketing Strategy currently being developed. This strategy aims to more effectively communicate the EPAçs role, function and information to our customers and stakeholders.

The strategy will be informed by substantial market research from stakeholders, industry, business, other government and non-government agencies, and the general community so that the needs of these groups are appropriately addressed.

· The EPA has recently been given the task of managing the åWaterCareç program. This and other education/communication programs such as Waterwatch, AirWatch, Frog Census, Eco-efficiency courses, and a new education strategy on waste to resource management, all combine to provide a comprehensive education approach and awareness-raising focus for the EPA.

· The EPA Green Events grants scheme is an new initiative with which industry and community can apply for money to help manage the cost associated with best practice waste management for public events.

· The EPA is seeking to expand the role of its communications unit to improve its provision of information and advice to business and industry. We have also invested in improving our web site, which makes most of our publications and guidelines available. An index of available publications is provided in Appendix C of this report.

Policy and planning

The concerns A number of sessions during the Round-table dealt with issues relating to a perceived lack of integration across government with planning decisions, and confusion over who has responsibility for ensuring environmental outcomes within the planning system.

Concerns were also raised about devolving environmental responsibility to local government and managing costs associated with this greater role for councils.

The role of indigenous management of our environment was also raised.

How the EPA is dealing with this issue · The report The EPA/Local Government Partnership Demonstration SchemeíSharing Environment

Protection Responsibilities recommends that the Local Government Association (LGA)/EPA working group further investigate future resourcing options to sustain sharing of environmental protection responsibilities. A discussion paper prepared by the LGA/EPA working group identified ågrants to councilsç as one of a number of possible funding options that could be assessed by both local and State government.

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Currently the EPA offers reimbursement of fees for the Environment Protection Enforcement Certificate Course if councils authorise their officers to exercise powers under the Act.

The EPA will be considering this further when it reviews the EPA/Local Government Partnership Demonstration Scheme report. Legislative amendments are being considered, including the ability for any regulatory authority, either the EPA or councils, to charge administration fees for administering the Act.

· The EPA will seek advice from the Department of State Aboriginal Affairs on how it can better respond to the matter of indigenous management of our environment.

Waste management and resource use

The concerns Many participants at the 2002 Round-table expressed concerns over waste management. A common issue was the amount of recyclable material going to landfill.

Participants raised a range of options including: a greater emphasis on educational support for industry and the general community; the development of a database of best practice methods from around the world; and a clearer mandate from Government on its target for waste to landfill.

How the EPA is dealing with this issue · Waste management is seen as a critical environmental outcome for the State. The Waste to

Resources Committee, a sub-committee of the EPA, has been set up to drive waste management and one of its key objectives is to achieve zero waste to landfill sites.

In recognition of the importance and effectiveness of education as a tool for environmental change, the Waste to Resources Committee has commissioned the development of a community education and awareness strategy. The objectives of the education strategy are to advocate, inform and reinforce in a clear, concise and effective way that recycling, resource recovery and waste minimisation are worthwhile practices with considerable benefits.

· The EPA has investigated waste management in landfill sites, both metropolitan and regional, through its audit program. These audits have been designed to identify the quantity, source and composition of wastes and to evaluate the accuracy of EPA data on these sites. The outcomes of the audits, recently published and placed on its web site, can now be used to develop regional waste management strategies in conjunction with regional authorities.

· The EPA is also developing an Environment Protection (Waste to Resources) Policy that will, among other things, look at banning all electrical waste from landfills, encompass extended producer responsibility, and look at mandating the level of collection and recycling by setting a minimum standard across metropolitan Adelaide. The Waste to Resources EPP will work towards an objective of zero waste to landfill.

This policy is due to be released for consultation in 2003.

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CONCERNS IN DETAIL

Air and noise emissions

Ultra low sulphur fuels Q. Incentives for use of low emission vehicles (fiscal incentives).

The National Road Transport Commission and the National Environment Protection Council (NEPC), both statutory bodies at the Federal level, are responsible for this area.

The Commonwealth is driving the use of financial incentives with good outcomes to encourage early compliance with standards that will be in place over the next 5ë10 years. The SA EPA has had substantial input into this process.

Q. Educational information on alternative fuels.

Environment Australia (www.ea.gov.au), Australian Greenhouse Office (www.greenhouse.gov.au),Transport SA (www.transport.sa.gov.au), Energy SA (www.energy.sa.gov.au) and the EPA (www.epa.sa.gov.au) all have education information available on this issue.

Foundry noise and pollution Q. EPA requires industry to provide more disclosure of chemicals used in processes and more information about pollution potential.

The National Pollutant Inventory (NPI) is available on the EPA web site (www.epa.sa.gov.au) andprovides information on polluting chemicals.

The EPA has also completed specific åhot spotç air monitoring reports on two foundries (Hensley and Castalloy). All finalised reports are available on the EPA web site.

Q. When making policy regarding noise, there needs to be other ways of setting noise criteria other than setting decibel numbers.

The SA EPA is preparing a new policy for environmental noise that includes decibel levels as well as history, duration and frequency of noise, and the formally designated land use of the area. The decibel level is used as a trigger, then other factors are considered to assess impact.

It is intended that public consultation on the draft policy will occur in mid-2003.

Indoor air quality Q. The issue: people spend ~90% of their time indoors so air quality is an important issue and needs to be dealt with by someone.

This is an issue for the Department of Human Services, the Builders Association and WorkCover. Indoor air pollutants sometimes have their origin from within the residence. The EPA focuses its effort on external sources of air pollution, although it also contributes to national policy development on indoor air pollutants and their sources, including product standards for appliances and building materials.

Involvement in ozone depleting substances (ODS) and global warming substances Q. Environmental issues where there is no breach of law (Forestry åscrapç burningíPeopleçs EPA).

The EPA runs several education programs to encourage environmental behaviour that goes beyond compliance with the Act but if there is no breach of the Act the EPA is very limited in the actions it can take.

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In regard to forestry scrap burning, the EPA receives advice from Forestry SA on what they are doing about environmentally impacting issues. EPA has investigated alternatives to further reduce on-site burning with a view to their adoption where practicable. The EPA will continue to monitor these activities to ensure that environmental management continues to be a Forestry SA priority in accordance with its ISO 14000 Environment Management System.

Q. For any ongoing issues there should be dedicated people to handle the issues/s.

Agreed. Most ongoing issues are complex and require application of expertise from a variety of scientific disciplines. The EPA has designated licence coordinators for premises that are licensed and is developing specific issues teams when possibleífor example, the new aquaculture group. It also establishes specific audit teams for environmental auditsífor example, the Winery Audit, Port River Industries Audit and Spencer Gulf Industries Audit. It forms high level expert teams when assessing major developments.

Q. The EPA should be able to direct/advise åoffendersç to use or develop cleaner alternatives even when their actions are within the Act.

The EPA can recommend and suggest but may not direct if industries are in compliance. Industries may choose to use voluntary Environment Improvement Programs (EIPs) if they wish to go beyond compliance requirements. The best way to achieve outcomes beyond compliance is to facilitate and encourage industry but ultimately it must be left to the discretion of the industry.

Air quality Q. The EPA should have the capacity to assess the air quality impacts of transport and planning proposals.

The EPA has a close working relationship with Transport SA, which has prime responsibility for managing all elements of the transport system and conducts impact studies on smaller scale transport developments for comparison with criteria set by the EPA. Larger scale transport proposals are subject to other more detailed impact assessment, with input from the EPA. The EPA offers its expertise to Transport SA and provides advice on transport proposals in the early stages of planning. For particular types of individual industrial and commercial development, defined in the Development Act, the EPA assesses the likely impact and advises the planning authorities.

Q. The EPA should have airshed modelling capabilities to identify appropriate or inappropriate locations for land uses based on air quality considerations in a region, well in advance of a zoning decision.

The EPA has modelling capability up to a certain scale and is developing airshed modelling capabilities on a regional scale to account for effects of developments on photochemical smog formation. Its hotspot air quality monitoring activities throughout the State will assist that capability. However, planning decisions ultimately reside with Planning SA.

Q. The EPAçs air monitoring role should be expanded and given some emphasis beyond verifying compliance with national or State ambient air quality standards or guidelines. The emphasis should include community education and information, and should relate to land use and transport activities.

The EPA has established a network of monitoring instruments. Some of these are already used to measure ånon-legislatedç pollutants, not for compliance purposes but to investigate possible new issues.

The EPA is developing an odour and stack emission testing capability to further complement the åhot spotç testing and the ambient air monitoring. Transport SA is responsible for transport issues and is developing a modelling capability to estimate traffic impacts. Roadside monitoring will be used to validate the model.

The EPA recognises that it has a role in communicating this information, much of which is related to transport, as indicated by the NPI figures for Adelaide. To this extent it has recently established the AirWatch program through its Community Education and Monitoring Unit. AirWatch is an

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established national schools program that raises awareness of air quality issues through monitoring local environments. In June 2002, 17 schools had registered in the program and a further 50 were considering joining.

Compliance and complaint management

Level playing fieldsíit costs more to be green The Eco-efficiency course has shown that it actually costs less to be green in many cases. The Cleaner Industries Demonstration Scheme has shown that efficiencies gained from a $1 investment equal $30 in improvement saving.

Q. Dairy industry exampleíindustry association, dairy farmers and EPA developed guidelines for that industry that everyone then has to comply with.

The EPA is developing guidelines with industry on a priority system, and is currently working with piggeries, foundries and dairies. See the EPA web site (www.epa.sa.gov.au) for guidelines.

The EPA also develops, reviews and comments on industry codes of practice.

Q. The EPA being more proactive in knowing industry members and being in contact with them.

The EPA has representatives on many industry groups and forums which have requested EPA participation (currently involved in over 140 such groups, see Appendix D). The EPA is happy to become involved in any such group where a mutual benefit can be demonstrated.

Q. Industry members ådob inç to the EPA others who arençt complying (the EPA needs to ensure those details arençt passed on since they are on the EPA form).

Anonymous complaints are accepted within the current incident reporting systems but they may not be followed up. All complaints received by the EPA are treated on a confidential basis.

Q. License small companies as well as larger operators.

Schedule 1 of the Act determines the activities that the EPA licensesíthose capable of significant environmental impacts (regardless of size). The SA EPA licenses more companies per capita than most other jurisdictions throughout Australia.

Q. If you cançt license them all, then provide best practice guidelines and advise small companies that they can be audited when companies first register their business.

Guidelines are available on specific industries and other general guidelines have been developed that apply across a wide range of industries (see the EPA web site www.epa.sa.gov.au).

Guidelines are developed with industries on a priority basis. The EPA uses them to assist in its interpretation of the environmental standards required by the general environmental duty under the EP Act.

Q. Have the EPA assign more of its resources to areas of greater environmental harmíin their contacts with companies.

The EPA uses a prioritised system for its compliance activities that is designed to maximise environmental benefits to the whole South Australian community rather than any single local area. Of highest priority are matters relating to holders of environmental authorisations under the Act, including activities licensed by the EPA, and any matters in sensitive areas which cause or have the potential to cause serious or material environmental harm. Management of these issues is essential to achieving the objectives of the EPA. Other matters, undertaken if and when resources are available, relate to lower priority environmental issues such as local nuisance complaints (e.g. noise, odour, dust) associated with non-licensed or domestic premises.

The EPA continues to work with other bodies, such as local government, the Office of the Liquor and Gambling Commissioner and SA Police, to manage lower priority compliance activities.

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This approach makes best use of the EPAçs significant technical and scientific expertise in the high-risk areas of pollution impact and control and is consistent with the approach used by EPAs in all other states.

Q. Industry associations have a role to play in getting improvement across the industry.

The EPA agrees with this and appreciates the efforts made by industry associations and other key industry stakeholders. The EPA Strategic Plan recognises that it requires commitment and involvement from all sections of the community to protect and enhance our environment.

Q. EPA thresholdsíchange from volumes/scale of operations to specific activities that are licensed (point sources now contribute less to pollution and diverse sources are more important).

A range of new EPA initiatives are aimed at managing diffuse source pollution, including:

· programs managed by the EPAçs Watershed Protection Office

· programs managed by the EPAçs Murray Bridge Office

· the Water Quality EPP

The EPA is aiming to educate and change peopleçs attitudes to pollution and their impacts on the environment through a variety of programs and tools under the Act. It also supports the catchment water management boards and council stormwater pollution prevention officers.

The EPA has also embarked upon an expansion of its pollution load-based licensing system, in which licensed activities will be charged fees in accordance with the amount of pollution they discharge to the environment. This system operates in other jurisdictions to provide economic incentives for industries to reduce their pollution and wastes, rather than to focus on their volume or scale of operation.

Q. EPAs nationally could set specific standards for specific industries.

The NEPC, through the development of National Environment Protection Measures (NEPM), sets consistent environmental standards, guidelines or protocols across Australia. NEPMs on ambient air emissions, waste management and vehicle emissions are currently in force. For further information see the EPAçs Annual Report or the NEPC web site (www.ephc.gov.au).

Q. Create greater public awareness that some companies are licensed, doing the right thing and it can cost them more than their competitors.

The EPA has run programs in the past and is looking at this approach again for further use in modelling good behaviour. An example is the recent audits in the winery industry. The EPA is nevertheless careful not to unfairly promote the operations of a specific industry; rather it focuses in identifying industry-specific best practice. Other areas of Government and Business SA also have a role to promote industry.

Q. Provide tax credits and incentives for businesses that go beyond compliance.

This is a Commonwealth issue but financial incentives are being considered by the EPA as part of its program to expand the load-based licensing system.

Q. EPA officers could be more consistent with different industry members e.g. one winery required to have a NATA level lab while larger competitor wasnçt.

The EPA is striving for consistency by:

· continually improving its licensing system to ensure that licence conditions are consistent

wherever appropriate

· conducting industry based audits, e.g. winery audits (see also the latest EPA Annual Report)

· reviewing environmental monitoring requirements of licences.

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Q. Better communication by EPAíe.g. sometimes they wonçt confirm their advice in writing and sometimes when things go wrong they close down and wonçt talk to you for months.

Every staff member of the EPA will shortly undergo extensive capability assessments of the skills required to do their work. Most EPA staff will be assessed on stakeholder and client service. It is anticipated that these assessments will lead to training on a range of issues, including customer service. The EPA is committed to continual improvement in this area.

Q. EPA to have better processes for dealing with companies proposing technical solutions in areas where the EPA doesnçt yet have guidelinesíe.g. composting, wineries.

Agreed. EPA is developing guidelines in a prioritised way as quickly possible. The smaller or unique issues are dealt with on a case by case basis.

Q. Greater use of EIPs for licences and authorisations.

Most EIPs are currently developed and implemented through conditions of licence to provide for longer-term environmental improvement at these licensed sites.

EIPs require substantial time and effort to develop, both by industry and the EPAíthey are used only when the need exists.

Information on the content and development process for EIPs can be found on the EPA web site under Information SheetsíNo. 6 Environment Improvement Programs.

Q. EPA licence coordinators should assist more in research methodologies to enable licensees to meet their environmental requirements.

The EPA is not a research organisation and, although it does provide information on options where possible, the responsibility ultimately rests with the licence holder. The promotion of environmental industry is a function of the Office of Sustainability and other groups such as the Office of Economic Development and Business SA.

Improved access/communication for industry and public to EPA officers Q. Talking to machine (poor response and limited after hours access).

and

Q. Phone records of complaints are not always kept.

and

Q. Need to review contracted call service (interstate based rather than local) Link access deal with problems according to severity, questions asked need to be reviewed and information recorded as given.

and

Q. Public complaints (difficult to get the complaint through so that it is recorded and dealt with by an EPA officer).

The EPA has a contract with Link Communications Pty Ltd, which provides a first-line telephone contact with the community. This service (which answers about 12,000 telephone calls each year) provides answers to frequently asked questions, allows access to EPA information sheets, and enables fast and efficient reporting of complaints as well as direct communication to the emergency services and the EPAçs emergency response team.

Enquiries that cannot be managed by Link are passed on to EPA staff for direct communication with the caller. This system is reviewed on a regular basis to ensure best possible service to the callers.

The service is provided 24 hours a day, 7 days a week. The pollution complaints line is 8204 2004.

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Q. Proactive approach by companies to get some consultation from the EPA, these calls are often not responded to in a timely fashion by EPA staff (messages are often ignored, calls not returned, appointments not made).

See above. While the EPA will assist with providing advice when it can, it does not provide a consultancy service. Environmental consultants may be contacted through the Yellow Pages. Business SA in conjunction with the EPA has also developed a database of consultants which is available from Business SA.

Q. E-mail service. Easy access for members of public and companies.

Members of the public and companies can e-mail the EPA via the web site (www.epa.sa.gov.au). E-mails will then be registered in our database and forwarded to the appropriate officers.

Q. Phone should be transferred if EPA officer absent so that a real person answers the call.

The EPA believes that it is preferable to use voicemail (standard office practice) rather than transferring calls to officers who are not familiar with anotherçs particular work.

Q. Response from EPA within 24 hours but need a better means of recording complaint history for offending/polluting companies. Recognise that it may not be practicable to respond to each call/complaint.

EPA has a good system for recording complaints and updates it on a regular basis. Our protocols require officers to respond immediately to matters deemed to be of a critical nature (emergency response).

Officers prioritise their responses and actions according to the number and type (environmental harm or risk posed) of incidents being considered at the time.

The EPA is currently reviewing its information management system. A process re-engineering project is reviewing the management of operations information drawn from a range of sources such as licensing, development application assessment and prosecutions. Lack of coordination in the management of this information has the potential to cause duplication and gaps in our knowledge base.

The project team is currently going through each of the EPAçs operational activities and assessing its information management requirements. This will become a list of specifications for a system that will ensure the necessary information capture and integration. The team is aiming to complete this list of requirements by the end of 2002 with the specifications feeding into another project due to begin in early 2003.

Q. Licence coordinators exist in some industries in sufficient number but more staff are needed in growing industries like marine and aquaculture.

The EPA recognises this as an issue and is addressing it where possible. A separate aquaculture unit has recently been established. The EPA will respond to incidents on a priority based approach to ensure issues that cause or may cause serious or material environmental harm are appropriately dealt with. Licensed premises are high priority matters for the EPA.

Managing change Q. Increasing expectations, new licensing requirements should be coordinated with the typical business investment cycle to minimise hardship but also to promote the right considerations when making investment decisions. Business needs certainty to plan for, the EPA needs to define the end point.

Businesses can undertake a voluntary EIP at any time to match investment cycles with improvement program investment.

Relationships between EPA and waste industry Q. Visits to the site should be by appointment so the management is present to give and collate findings.

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The EPA will continue to visit sites without prior warning if it feels that this is necessary. These powers are expressly provided to the EPA under the Act. The EPA will follow all necessary occupational heath, safety and welfare directions for each site.

Holistic environmental management that involves every stakeholder group Q. Facilitated consultation and mediation between EPA and industry and community.

The EPA does not provide mediation services. It has in many cases referred these to the Neighbourhood Mediation Services section of the Legal Services Commission of SA; in other cases the parties involved in the dispute employ independent facilitators. The EPA will assist in mediations if the matter relates to an issue of high priority, that is to licensing matters or other matters which cause or may cause serious or material environmental harm.

The Act does not recognise pre-existing residential or industrial usesírather it requires a polluter to take all reasonable and practicable measures to minimise or eliminate any resulting environmental harm.

The EPA has developed consultation guidelines for the public: Industry and Community Consultation (Information Sheet No. 23) available at www.epa.sa.gov.au/pub.html.

Q. Benchmarking with other EPA interstate guidelines and regulations.

During the development or updating of any SA EPA guideline, interstate EPA guidelines are often used as a framework and are routinely checked for consistency (albeit modified to respond to specific SA requirements).

Q. Business and industry not aware of rules and conditions have EPA as info and advice role.

The EPA recognises this as an issue and is seeking to expand the role of its communications unit to address it. This is currently subject to budgetary constraints. The EPA has invested in its web site where most of its publications and guidelines are available. Appendix C provides an index of available publications.

Q. Peak body generation across industry and government sectors with EPA to set best practice for industry groups.

and

Q. Need planned approach for consultation and mediation with each industry and community with local government involvementístrategic consultation models.

The EPAçs strategic consultation process for industry can be found on its web site under Information Sheets (No. 23 Industry and Community Consultation). It also has statutory consultative requirements when assessing applications for licences or renewal of licences.

Education

Ultra low sulphur diesel Q. Educational information on alternative fuels.

Transport SA and the National Environment Protection and Heritage Council are addressing this issue. The Federal Governmentçs web site has an array of information on alternative fuels including research use and grants schemes (www.fed.gov.au).

Lack of collection facilities for recycling plastic Q. Put information about collection areas on the internet.

Web-based information is available from local council sites.

Q. Educate the public about recycling issues.

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The EPAçs Waste to Resources Committee is developing an education strategy to address this and other issues. This strategy will be implemented from the beginning of 2003.

Environmental sustainability of some recycling practices Q. Education about contamination.

The EPAçs Waste to Resources Committee is developing an education strategy to address this and other issues.

Q. CDL? Very complex.

Information on Container Deposit Legislation (CDL) is available on the EPA web site.

An expanded CDL program will come into effect on 1 January 2003.

Pulling and pushingëalong with regulation EPA must educate Q. While EPA increases regulatory powers it needs to invest in education and support.

and

Q. EPA should have an education department within it.

The EPA supports this and does use communication and education as part of its tool kit towards achieving environmental outcomes.

EPA education officers include those at the Watershed Protection Office, Eco-efficiency officers and those in the Community Monitoring and Education Unit. We are currently reviewing the way education is organised within the EPA.

Q. Issue with having separate education and regulation roles in different departments.

and

Q. Within any new legislation incentives, education and support must be integrated.

Education and regulation on environmental protection will co-exist within the EPA.

Q. EPA needs to provide consultative and education role to help industries and small business change with improvement processes.

Agreed. The EPA is doing this through its Eco-efficiency program, through the use of voluntary EIPs, the Clean Site program and through a variety of more general education and information strategies.

Water, water Q. All perennial creeks and rivers in the Adelaide Hills to be fenced against stock and vegetated with native vegetation.

and

Q. Make Adelaide Hills farmers into water farmers.

Much of this type of work is under the management of LandCare, catchment water management boards, the EPAçs Watershed Protection Office, and the Department for Water, Land and Biodiversity Conservation (DWLBC).

Q. Reduction/rebates on water rates for low water rates.

This is a policy decision for SA Water and the Government.

Sustainable developmentëcleaner production, alternative resources, linking the EP Act and Development Act Q. Best practice licences or credit licensing leading to a åclean & greenç company image.

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and

Q. Some of the largest polluters have been government-owned, e.g. utilities, should lead by good example, not bad.

and

Q. Promotion of cleaner production technologies, e.g. fish processing-dolphin friendlyímarketing advantage to companies.

The EPA continues to support cleaner demonstration schemes and a number of programs including:

· Eco-efficiency training for small businesses

· Greening the Supply Chain (promoting eco-efficient practices among company suppliers)

· Green Events program (promoting public place recycling by providing financial assistance to event organisers).

Government utilities are not exempt from the requirements of the Act. SA Water, for example, has spent $166 million and committed a further $104 million to improving its environmental performance through its EIP, which is a condition of its operating licence. In addition to the EIP work, SA Water spends $680,000 per year on catchment management initiatives in the Mount Lofty Ranges.

Note that the Office of Sustainability (Department for Environment and Heritage) is a key agency in the promotion of environmentally sustainable practices.

Q. EPA education programs at all levels, primary school to company employees and employers.

The EPA has a number of education and awareness programs aimed at the general community (Frogwatch, AirWatch and Waterwatch) as well as education programs delivered expressly for businesses (e.g. Eco-efficiency program). It will continue to review these programs and determine opportunities for further improvement.

Q. Environmental best practice lobbying by networking with industries and representative business organisations.

The EPA does perform this function to a certain extent but its main role is to interpret and enforce the Act. Promotion of the environment management industry is a role for agencies such as the Office of Sustainability, Office of Economic Development and Business SA.

Q. EPA to work with companies to make things happen, e.g. incentives and programs, services to industry (consultant list).

The EPAçs prime focus is to regulate but it also has an associated responsibility to educate and communicate. It will work collaboratively with licensees to achieve environmental improvements. The EPA is working to establish an expanded pollution load-based licensing system, which will provide financial incentives for licensees to minimise pollution. It has also assisted Business SA develop an environmental consultants database, available from Business SA.

Q. Company capital budgetsíEPA to get a commitment to invest in environmental improvement and waste minimisation projects etc.

The EPA uses voluntary EIPs to achieve this. For new industry ideas the Office of Sustainability (Department for Environment and Heritage) has a role in supporting new green initiatives. Other agencies such as the Office of Economic Development and Business SA should also be contacted.

Better integration of occupational health and safety and environmental systems Q. To develop a system (electronic/booklet/other means) of communicatingíçsharing environmental solutionsçíto specific problems similar to WorkCover Victoria on sharing OHS&W solutions.

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The Small Business Environmental Management Solutions Handbook was developed in conjunction with Business SA and was released at the end of 2002. The handbook, which is based on the WorkCover Safety Solutions handbook, provides small businesses with a systems approach to environmental management.

Q. To develop via EPA simple ideas to reduce environmental impactsíe.g. stormwater, noise.

and

Q. To recognise the drivers for improved environmental performance which are convincing top

management. Three real issues are:

· cost to business (of changes)

· cost of fines, etc.

· moral responsibility as a motivation.

The EPA has case studies, guidelines, codes of practice and Eco-efficiency training programs; the Small Business Environmental Management Solutions Handbook was released at the end of 2002.

Q. To use eco-efficiency type courses to educate small business in how to make changes to achieve better environmental management.

The EPA has been running Eco-Efficiency training courses since March 1996 and is currently

training 350ë400 businesses per year.

The Chemical Users Project also does this, as do a range of EPA sponsored initiatives including:

· Business SA training package

· University of South Australia environment training facility.

The EPA is prepared to promote responsible practices but does not promote individuals or

businesses.

Q. Need to systematically record, across residentsç groups, problems between residents and industry, and coordinate with EPA to ensure standard solutions to noise and other pollutants.

The EPA is involved in many cases involving residents and industry. We transfer what we learn from one case to another but must also assess each situation on its own merits and particular circumstances.

Q. Ensure education on environmental impacts (including design, equipment) before starting up a business.

It is the responsibility of business owners to seek the information they need on any new business or activity. Several agencies can and do provide information and assistance. The EPA web site (www.epa.sa.gov.au) as well as our Eco-efficiency training courses are well used for such information. The Centre for Innovation, Business and Manufacturing, Business SA, KESAB and the catchment water management boards all provide relevant information for business operators.

Q. Produce information on how residents can raise issues/complain over buffer/encroachment/pollution issues.

The EPA will look into the way we promote the pollution complaints hotline and the web site.

Q. Recognition of pre-existing residential or industrial use and consideration of potential conflict management via mediation/facilitators.

The EPA does not provide mediation services. It has referred many cases to the Neighbourhood Mediation Services section of the Legal Services Commission of SA; in other cases the parties involved in the dispute have employed independent facilitators. The EPA will assist in mediations if the matter relates to an issue of high priorityíthat is, to licensed premises under the Act or matters that cause or may cause serious or material environmental harm.

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The Act does not recognise pre-existing residential or industrial uses; rather it requires a polluter to take all reasonable and practicable measures to minimise or eliminate any resulting environmental harm.

Governance

Appointments to the new EPA Board Q. Increase size of Board from six to twelve.

Legislation recently passed by Parliament increases the number of members on the Board to a minimum of seven and maximum of nine.

Q. Increase the representation of community-based conservationists to the board.

The appointment of individuals, and therefore who is represented, to the Board is a decision for the Minister for Environment and Conservation and ultimately the Governor of South Australia. The new legislation passed by Parliament requires the new Board to collectively possess a set of skills. This moves away from the current arrangements where individuals represent areas of the community and industry.

Q. Publication of more detailed CVs of Board members, particularly in relation to prior business or commercial interests.

Abbreviated CVs of Board members are currently available on the EPA web site. This is consistent with information provided by other key Government boards. Note that all Board members have a duty to declare any relevant direct or indirect interests that they may have on any Board considerations.

A code of conduct and responsibilities for Board members is fully explained in the SA Government publication, Government Boards and CommitteesíGuidelines for Agencies and Board Directors (available at www.premcab.sa.gov.au/pdf/boards&committees.pdf).

Management systems

Developing EMS Q. EPA needs to have more operational people trained in the development of environmental management systems.

Environmental management systems (EMS) do not guarantee an environmental outcomeíthey provide for systems and assurances towards achieving a standard. The EPA does not rely on them to achieve its objectives, as it is focused on the outcome of environmental protection, rather than the means used to attain these standards. Some EPA staff are trained in EMS but it is not the role of the EPA to develop these for industry.

Q. EPA guidelines need to be published after consultation with the various industry groupsíthis is possibly an activity of the new Sustainability Branch.

The EPA guidelines assist its interpretation of the general environment duty under Act and it uses these in developing conditions of licence or and other compliance tools.

There is a high level of industry involvement in the development of the guidelines deemed necessary by the EPA, for example, the draft Audible Bird Scarers Guidelines. A full list of guidelines and codes of practice is available at www.epa.sa.gov.au/pub.html.

The Office of Sustainability does not have a role in administering the Act.

Q. Better integration of occupational health and safety and environmental systems.

and

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Q. Develop framework with WorkCover, Department for Administrative and Information Services and EPA to address practical environmental and occupational health, safety and welfare (OHS&W) issues which overlap and lead to greater ongoing improvement and commitment in small to medium sized workplaces.

The EPA has an agreement with WorkCover for environmental modules to be delivered through their training packages and vice versa.

A åsolutions handbookç was released in late 2002 on occupational health, safety and welfare and the environment.

Q. To evaluate the effectiveness of environmental management systems and OHS&W management systems in larger enterprises.

The focus of the EPA is on managing compliance with the environmental standards prescribed by the Act and Policies. The EPA maintains a watching brief on the review of EMS standards by participating on the relevant Standards Australia technical committee.

Q. To develop a system (electronic/booklet/other means) of communicatingíçsharing environmental solutionsçíto specific problems similar to WorkCover Victoria on sharing OHS&W solutions.

The solutions handbook will address some of these issues.

Q. To develop via EPA simple ideas to reduce environmental impactsíe.g. stormwater, noise.

This has been addressed and case studies can be found on the EPA web site. The Business SA handbook and the EPAçs Cleaner Industries Demonstration Scheme are examples where innovative ideas are promoted and used by industry.

Q. To use eco-efficiency type courses to educate small business in how to make changes to achieve better environmental management.

The EPA has been running Eco-Efficiency training courses since March 1996 and is currently training 350ë400 businesses per year. During the current financial year a range of industry specific courses relating to eco-efficiency will also be conducted.

Managing change Q. Increasing expectations, new licensing requirements should provide certainty for business and consistency between business; hardship often rewards poor performers.

While the EPA recognises a need for consistency of standards used in licences, it also needs to remain responsive to site-specific issues managed through its licensing system.

Q. Increasing expectations, new licensing requirements should be coordinated with the typical business investment cycle to minimise hardship but also to promote the right considerations when making investment decisions. Business needs certainty to plan for, the EPA needs to define the end points.

Businesses can undertake a voluntary EIP at any time so as to match investment cycles with improvement program investment. Information on EIPs can be found on our web site under Information SheetsíNo. 6 Environment Improvement Programs (www.epa.sa.go.au/pub.html).

Q. Change should be achieved through:

· educating business on economic benefits of change, and articulation solutions

· promoting responsible practice

· providing incentives and promoting benefits of ISO 14001.

The EPA supports these statements and has used these principles when designing and delivering its Eco-efficiency program. The EPA has been running Eco-efficiency training courses since March 1996 and is currently training 350ë400 businesses per year.

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Q. EPA should work with Economic Development Board and Business SA to manage change and reward change, e.g. awards, fostering access to ISO 14001.

The EPA does sponsor awards through KESAB, Business SA and catchment water management boards.

Q. Improvement programs need to incorporate unlicensed businesses.

This is not possible under the current Act. Smaller improvement programs can be incorporated, however, by issuing EPOs, which may be issued to both licensed and non-licensed activities.

Q. Access to ISO 14001 for small business needs to be improved through opportunities to share costs and develop private sector services which are lacking in SA. Examine opportunities to increase uptake through promotion of government mandate on only ISO 14001 suppliers within ####yearsç time.

ISO 14001 was intended for adoption by organisations regardless of their size or business activity. ISO 14001 is currently being reviewed internationally with a view to making the standard more meaningful for small to medium enterprises. The EPA does not support mandating ISO 14001 because, although compliance with environmental standards is a requirement of the standard, it does not guarantee best environmental outcomes.

Partnerships with local government

Assisting rural local government areas to meet EPA aims where costs are incompatible with council income Q. Need for greater EPA resources to respond to environmental concerns.

Q. Greater number of EPA enforcement officers throughout regions.

This is a decision for Government. The EPA has been given additional resources for regional areas.

Current regional initiatives include:

· regional round-table/consultation on Eyre Peninsula (August 2002)

· audit of the Spencer Gulf (late 2002/early 2003)

· new Murray Lands office opened in Murray Bridgeíearly 2002 (three staff)

· one extra staff in SE OfficeíMt Gambier (total now four staff).

Q. Prioritise responses to complaints.

The EPA uses a prioritised system for its compliance activities designed to maximise environmental benefits to the whole South Australian community rather than any single local area. Of highest priority are matters relating to holders of environmental authorisations under the Act, including activities licensed by the EPA, and any matters in sensitive areas which cause or have the potential to cause serious or material environmental harm. Management of these issues is essential to achieving the objectives of the EPA. Other matters which are undertaken if and when resources are available relate to lower priority environmental issues such as local nuisance complaints (e.g. noise, odour, dust) associated with non-licensed or domestic premises.

The EPA continues to work with other bodies, such as local government, SA Police, and the Office of the Liquor and Gambling Commissioner, to manage lower priority compliance activities.

This approach makes best use of the EPAçs significant technical and scientific expertise in the high-risk areas of pollution impacts and their control and is consistent with the approach used by EPAs in all other States.

Q. Assisting council to provide the required services, e.g. through:

· seed funding

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· grants for council officer training.

A discussion paper prepared by consultants engaged by an LGA/EPA working group identified ågrants to councilsç as one of a number of possible funding options that could be assessed by both local and State government. The report, The EPA/Local Government Partnership Demonstration SchemeíSharing Environment Protection Responsibilities, recommends that the LGA/EPA working group further investigate future resourcing options to and from local government, and their extent and type, in order to sustain sharing of environmental protection responsibilities.

Currently the EPA offers reimbursement of fees for the Environment Protection Enforcement Certificate Course if councils authorise their officers to exercise powers under the Act.

Q. Council charging EPA for providing resource (e.g. council officer) and recovering fees from either the offender or from the vexatious complainant.

The EPA will be considering this when it reviews the outcomes of the EPA/ Local Government Partnership Demonstration Scheme report. Legislative amendments being considered include the ability for any regulatory authority, either the EPA or councils, to charge administration fees for administering the Act.

Q. Mediation and dealing with offences

Q. Need for EPA to lead the way (e.g. through precedents):

· policies

· development of process

· provision of expertise.

The above points required to assist council officers.

The EPA/Local Government support team is developing these initiatives in consultation with councils.

Q. EPPs which incorporate the requirements.

There are existing EPPs that address this; however, key EPPs covering Water Quality and Environmental Noise (replacing current EPPs) will soon become available.

Local and State government interactions Q. Environment protection undertaken by local government to be funded by an environmental levy.

See answer above; an environmental levy is one of a number of resourcing options that could be considered.

Q. The LGA to work with the EPA to recommend legislative changes to the Act to make clear responsibilities of EPA/local government.

The EPA supports changes to the legislation but this is a decision for Government. Legislative amendments to achieve this are currently under preparation and will involve consultation with local government.

Q. The EPA to develop and provide training to local government officers regarding the administration of the Burning EPP.

The EPA has provided training in the past and is able to continue this service as part of its local government support activities.

Q. Range of resourcing options for local government to provide environment protection services must be developed and tabled for discussion through the LGA e.g. penalties, administration fees, inspection fees, levies, recurrent funding from State budget.

22


The EPA supports this initiative and has worked with the LGA to investigate opportunities. Legislative amendments are currently being prepared (see answers above).

Q. The LGA and EPA to develop a range of partnership models for further discussion with a view of developing a common model for the whole of the State.

The EPA has endorsed, in principle, a model for sharing environmental protection responsibilities. The EPA/Local Government Partnership Demonstration Scheme report is being assessed by an LGA/EPA working group. The implementation relies on legislative changes.

Q. Federal enquiry into responsibility shift/cost down to local government.

This is currently under way.

Q. Local government to take on the Environment Protection Act work on a fee for service basisívoluntary participation.

The EPA/Local Government Partnership Demonstration Scheme trial has highlighted the perception that environmental protection is somehow totally owned by the EPA through the Act. This perception appears to be shared by many EPA staff, councils and the community, and is reinforced through use of ownership statements like åour Actç or åyour Actç when referring to the EPA and the Act. This nexus needs to be broken if effective environmental management is going to be delivered in SA.

Fee for service is one of the cost recovery models under consideration to enable any regulatory authority that uses the Act (either the EPA or councils) to service environmental complaints based on the polluter pays principle.

Q. Smaller councils may be able to do environment protection using fee for service.

The LGA/EPA working group will assess and report on a range of options that all councils should be able to implement in providing environment protection services to their local communities.

Q. Need people trained in the Environment Protection Act funded.

The EPA currently provides this training free of charge.

Planning, major assessments

No control over buffer zones Q. Establishment and management of buffer zones Planning SA / local government / EPA roles

EPA staff use the EPA Draft Separation Distance (buffer) Guidelines for environmental assessment of development application referrals. Development Assessment staff in planning authorities use the EPA Draft Separation Distance Guidelines for relevant proposals. These are publicly available on the EPA web site (www.epa.sa.gov.au/pub.html). Separation distances are not mandatory unless they are used in licence conditions set under the Act.

Planning SA has recognised separation distances as an appropriate development planning tool (see Planning SA Planning Bulletins).

Q. Buffer zones to be written in caveats on titles

This may be one way of protecting buffers from encroachment by new developmentíPlanning SA is the lead Government agency in this matter.

Environmental impact statement initiated by Office of Sustainability rather than Minister Q. Environmental impact statement (EIS) initiated by Office of Sustainability rather than Minister

This is a decision for Government, not the EPA. The Minister for Planning has responsibility for the environmental impact assessment (EIA) process.

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Q. Independent group not developer to undertake EIS (developer pays)

Refer to Planning SA

Note that it is the EPAçs role to review and set the environmental criteria for EIA.

Q. Office of Sustainability reviews and has power to reject application through the Planning Minister with no right of appeal

EPA is the coordinating body for major development referral across the Environment and Conservation Portfolio. There is no right of appeal under the existing system.

Q. Need a standard format for EIS

There is a standard guideline for EIA used by Planning SA. However, all applications are different and hence there is need for flexibility to account for these individual circumstances.

Q. Community consultation process?

Planning SA coordinates the statutory consultation process for major developments.

Q. Requirement to consult on supplementary information

EPA would support this initiative but it is the responsibility of Planning SA as the lead agency for EIA to further any proposal for statutory change.

Q. Office of Sustainability responsible for monitoring and reporting on developments where EIS undertaken and enforcement powers where EIS breached

The EPA is an independent body responsible for the regulation of environmental protection. If there are breaches of the EIA development conditions then Planning SA will respond. Any subsequent EPA licence conditions (e.g. if the proposal involved a prescribed activity of environmental significanceísee Schedule 1 of the Act) are enforceable by the EPA.

Environmental impact assessments Q. Take EIA out of Planning SA and place in the EPAíwill allow the independence of the EPA to provide ådistanceç.

It is a Government decision as to where the EIA process sits.

The EPA provides independent advice into the process. A member of the Environment Protection Board is on the Major Developments Panel which meets to determine the level of EIA, and the guidelines for preparation of the reports, required for any proposal declared a major development or project.

Q. Make EIA more transparent via the tightening of EIA guidelines that are specific enough to address all parts of an EIS.

This is not the role of the EPA. EIA is governed by statutory provisions and guidelines for the preparation of each EIA are determined through the Major Developments PanelíPlanning SA is the lead Government agency for addressing any change to the system. The EPA continues to provide independent advice to Planning SA on these types of development.

Q. Broaden the portfolio of the EPA from dealing with only prescribed activities and listed wastes to look at developments that may not come under Schedule 1 of the Act, yet still impact on the environment

The EPA supports a sharing of responsibility for environmental protection. The EPA currently focuses its effort on prescribed activities of environmental significance specified in Schedule 1 of the Act but responsibility does extend to any matter that causes, or has the potential to cause, serious or material environmental harm.

Q. EIS should concentrate on environmental assessment and not social and economic issues.

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The objects of the Act state that the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being and for their health and safety.

The Act can be found on the SA Parliamentary web site at www.parliament.sa.gov.au/dbsearch/acts-list.htm.

Q. The role of the Major Developments Panel should be expanded to give EPA representative greater impact.

This is a decision for the Minister for Planning and Environment. The EPA has one representative on the panel.

Process for managing development approvals for new environmental technologies Q. EPA vs Office of Sustainability what is the processíwill they get stuck in-between

The EPA is the coordinating body for the Environment and Conservation Portfolio, which includes the Office of Sustainability.

A recent review of how the EPA completes development applications showed an 80% completion rate in the agreed time frame. The EPA is striving to make this 100%. One of the strategies implemented is the Development Assessment Response Team, a central coordinating team specialising in the response of development applications referred to the EPA.

Q. Case management of innovative environmental technologies through the regulatory process

and

Q. Change in EPA culture re facilitating innovative technologies consistent with policy objectives

The promotion and facilitation of the environment management industry is part of the function of the new Office of Sustainability (part of the Department for Environment and Heritage). It has established a Green Business Unit to work with new industries.

Q. Timely and useful feedback to proponents.

The EPA acknowledges that this is necessary and fair and is considering how it can improve feedback. Proponents should also contact the EPA to seek such feedback.

Consistency in all planning Q. Whole of government approach is a key starting point.

All relevant Government departments contribute to the development of the State Planning Strategy, which is the Government vision for development of the State. The Strategy is required to be reflected in Development Plans, which contain the policies against which all development is considered. Planning SA is the lead agency for the process.

Q. Adopt triple bottom line test for licence/development/etc. assessment and approval.

The objectives within the Act direct the EPA to have consideration of the social, environmental and economic implications of any action/proposal.

Q. Apply top-down assessment of industry technology impacts in order to understand the down-stream implications.

The EPA is required to, and does consider, potential for off-site impacts in environmental assessment of development application referrals.

Q. Develop base-line data in order to measure and model change consequences of technology impacts, policy change, and community values. It is noted that funds need to be directed to public sector research and development to achieve this.

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The EPA does monitor environmental impacts including diffuse and point source. The EPA web site provides all monitoring information collected, so it is available to all research organisations. The EPA is not a research institution but does contribute expertise in some situationsíe.g. national research programs that result in NEPMs.

Q. Work towards achieving comparable methodologies for sampling/testing across networked agencies.

The EPA supports this initiative and has programs under way through its Monitoring and Evaluation Branch work, especially in regard to diffuse water quality. It has a number of monitoring/sampling standards already prepared in the areas of air, water and noise monitoring. Contact the EPA for further information.

Addressing development approval hurdles for developing new environmental technologies Q. Lack of feedback during the approval processíhard for proponents to plan project implementation.

and

Q. Timely and useful feedback to proponents

The EPA has to provide environmental assessment within statutory time frames. It can only put the process on hold when it requires additional information on which to base its environmental assessment. Planning SA (Development Assessment Commission) and other planning authorities manage the process and decision-making by considering all relevant planning inputs (environmental assessment is one significant input). Allowing time for feedback to proponents is not built in to the system and Planning SA is the lead Government agency to address any request for change.

Cooperation between industry and neighbours Q. Make conditions less subjective for planning approvalíe.g. noise, odour levels

The EPA strives to make all conditions objective, such as specifying maximum noise and odour levels, and hours of operation. Conditions that are subjective in nature are likely to be successfully appealed in the Environment Resources and Development Court. Examples where objective conditions have not been set should be referred to the EPA for comment.

Q. Have councils do a development plan/policy, which includes expected environmental levels and outcomes for various parts of the council.

The EPA contributes to this through development/review of EPPs. All EPPs under the Act are being developed/reviewed with consequent amendment to Development Plans across the State. The Planning Minister is responsible for making sure the amendments occur, with Planning SA facilitating the process.

Policy and guideline development

Developing EMS Q. EPA guidelines need to be published after consultation with the various industry groupsíthis is possibly an activity of the new Sustainability Branch.

EPA guidelines assist its interpretation of the general environment duty under the Act and it uses them in developing licences and other compliance tools.

There is a high level of industry involvement in developing the guidelines as deemed necessary by the EPAífor example, the recent draft Audible Bird Scarers Guidelines. A full list of guidelines and codes of practice is available at www.epa.sa.gov.au/pub.html.

The Office of Sustainability (part of the Department for Environment and Heritage) does not have a role in publishing guidelines to be used under the Act.

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http://www.epa.sa.gov.au/pub.html


The social impact on residential areas by industry Q. There was a belief by the participants that mandatory policies need to be made available and implemented through the EPA, councils and through the courts that can be used by complainan

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