South Australia’s Environment Protection Authority Review of the Environment Protection (Water Quality) Policy 2003
Format of today’s meeting • General introduction to the process of amending the Environment Protection (Water Quality) Policy 2003 • Presentation of the key changes to the policy and drivers for change • Presentation on the proposed use of national water quality guidelines within the revised policy • Clause by clause summary and Q&A with participants • General Q&A with participants • Close of formal presentation and move to opportunity for one on one discussions and questions with EPA staff
Required process for change – Section 28 of the EP Act • consult with the Minister general purpose and effect of the proposed policy; and • advertise giving notice of intention to prepare the draft Policy and describing its general purpose • prepare a draft policy and a report explaining the purpose & effect of the changes & background issues & reasoning why the changes are proposed • send report & draft changes to prescribed bodies and other relevant public authorities and then …
Required process for change – Section 28 of the EP Act (cont…) • advertise generally indicating where the report and draft changes are available & invite submissions (at least 2 months) • hold at least one public information session • prepare a response to the submissions (all are public) • report to the Minister • the Minister may approve the changes & then policy is gazetted by the Governor
Major changes to the Policy – Protective water quality criteria and a general duty The current EPP • Mandatory criteria with no consideration of risk. • Due to mandatory nature current criteria generally reflect a ‘lowest common denominator’ approach and are not always protective of the environment. • Exemptions are issued: – where exceedences do not cause harm (eg naturally high background levels); or – where an activity is already occurring and general defence provisions under Part 15 of the EP Act are being met (where a person or body corporate has taken all reasonable and practicable measures to prevent the contravention).
Major changes to the Policy – Protective water quality criteria and a general duty (cont…) The draft revised EPP • Criteria tightened to be protective of the environment and transparently linked to national guidelines. – Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000 – Guidelines for Managing Risks in Recreational Water 2008 – Australian Drinking Water Guidelines 2004 • Applied as a general duty aligned to section 25 (General duty) and consistent with section 124 (General defence) of the EP Act. • Enforceable via an Environment Protection Order or through licence management (for licensed sites). • Aligns with other States of Australia in accordance with COAG’s National Partnership Agreement to Deliver a Seamless National Economy.
Major changes to the Policy – Protective water quality criteria and a general duty (cont…) Assessment of ambient monitoring Assessment of ambient monitoring data against national guidelines data against national guidelines (Clause 5 and Clause 9) (Clause 5 and Clause 9) • Risk-based approach to compliance with strict water quality criteria Low Low Yes Yes Criteria met Criteria met • Supported by other mechanisms in risk risk the Act that operate in addition to No No clause (eg Licensing requirements, Environmental Nuisance, Pot ential risk to t he Pot ential risk to t he Environmental Harm etc.). ecosystem ecosystem • This is not a stand alone measure. Risk-Based Investigation Risk-Based Investigation Decision Making and Decision Making and Risk Management Risk Management (Reasonable and Practicable) (Reasonable and Practicable) Adapted from Victorian EPA Adapted from Victorian EPA
Major changes to the Policy – Salt Interception Schemes (SIS) • Exclusion of SIS water within a pipe but will continue to apply the policy to its final discharge into an evaporation basin. • SA Water manage all SIS schemes in South Australia. • Reasoning behind this amendment is to accommodate use of this water by aquaculture businesses. • Businesses may then seek to dispose of water back into SIS pipe with some amount of nutrients incorporated. • Management of end of pipe concentrations will be a consideration of SA Water when contemplating sale of SIS water.
Major changes to the Policy – Catchment Management Infrastructure. • Broaden definition of “public stormwater system” to ensure catchment management infrastructure is incorporated • This includes detention basins and artificial wetlands • Amendment will ensure that discharges from public catchment management infrastructure are excluded from the policy • Enables further clarification of what is considered a discharge to waters under the policy
Major changes to the Policy – Repeal of Clauses 14 and 15 • Clauses 14 and 15 become largely unnecessary with the move from mandatory water quality criteria to a general duty to meet water quality criteria • Mixing zones and attenuation zones may still be a relevant licence condition or a requirement of an Environment Protection Order. • The difference is that the specific parameters for such a zone can be determined on a case by case basis, again with a focus on preventing harm rather than achieving prescribed criteria.
Major changes to the Policy – Wastewater storage lagoons • Broadening the term to include sedimentation basins, managed wetlands and tailings dams • Removal of most mandatory elements, replaced by reference to a code of practice to be enforced by Environment Protection Orders or within licence conditions. • Linking to harm rather than inflexible standard requirements • Mandatory provision remains regarding prevention of overflows
Major changes to the Policy – Anti-foulants • Clause amended to prohibit the use of Tributyltin (TBT) on the hulls of vessels or other surfaces and applies a Category A offence. • Brings State legislation in line with current National legislation • Proposal to exclude anti-foulant use by the holder of an aquaculture licence holder in compliance with the Aquaculture regulations.
Major changes to the Policy – Scheduled Pollutants • Pollutants listed under Part 1 and 2 of Schedule 4, now referred to as Class 1 and 2 pollutants • More specific referencing of wastes by listing specific types of waste • Additional pollutants added to the list • Clarifications to the existing list • Clauses 9 and 10 of revised policy that refer to these pollutants, operate in the same way as the current policy (Clauses 17 & 19)
Major changes to the Policy – Other amendments • Revision of the structure has taken place to improve ease of use and interpretation – 44 to 22 clauses but provides the same coverage • Changes to various definitions • Additions of relevant definitions
Review of the Environment Protection (Water Quality) Policy 2003 Clause by clause Q & A Please refer to the draft policy attached to the explanatory report
Review of the Environment Protection (Water Quality) Policy 2003 General Q & A on the review of the Policy
Review of the Environment Protection (Water Quality) Policy 2003 Close to formal proceedings – Thank you for your attendance EPA staff now available for one on one discussion or questions For further copies of the consultation documents visit www.epa.sa.gov.au Or call 8204 2071
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