Proposed approach We propose phasing out SEPPs and WMPs, and splitting the component parts into separate fit-for-purpose instruments: A new instrument called environment protection standards will define environmental quality standards and national standards Regulations will set out specific compliance obligations Statutory codes of practice will set out practical guidance on how to comply with the general duty Non-statutory implementation plans and compliance strategies will contain attainment or implementation programs (actions required to meet the environmental quality standards). Our proposed approach is consistent with the 2013 review findings and recommendations, but takes them further by recommending legislative changes. By deconstructing SEPPs and WMPs, the EPA will be able to review and update the different components more readily to maintain scientific currency. This approach also better separates the technical and regulatory elements from high level policy settings, clarifying the EPA’s responsibilities in line with the approach to policy discussed in chapter 5. The lead agency for the proposed new environment protection standards will depend on the proposed content of the standard and the requirement for technical expertise. Table 15.1 sets out our proposed new approach for standard setting, noting the roles expected of the EPA and DELWP. TABLE 15.1 PROPOSED NEW APPROACH FOR STANDARD SETTING Components Current tools Proposed tools Future statutory Proposed Lead agency Environment policy settings Policy statements No change No DELWP Environment protection standards: ‘the goal posts’ State environment protection polices Waste management policies Environment protection standards (new instrument), including national standards Yes DELWP or EPA Compliance obligations Regulations State environment protection polices Waste management policies Incorporated documents (for example, best practice environmental measures) Regulations – set specific requirements that must be complied with Codes of practice – provide practical guidance on how to meet the general duty Yes EPA Guidance Other types of guidance (for example, guidelines, information bulletins) Consolidated forms of guidance No EPA Attainment or implementation programs State environment protection polices Waste management policies Non-statutory implementation and compliance strategies No EPA
Influencing behaviour through education and information An important element of a regulator’s toolkit is educating, informing, training and partnering with regulated entities to change behaviour and support compliance. Many inquiry participants argued the EPA should take an active role in informing and educating the community and industry: The availability of information and education are essential for businesses to have a clear understanding of environmental compliance requirements. Making this information transparent and accessible particularly for those living in remote areas is crucial. (Victorian Farmers’ Federation submission, p. 7) Targeted information to business sectors contributes greatly to compliance. (Minerals Council of Australia – Victoria submission, p. 6) EPA to support and work collaboratively with companies on their specific issues. Codifying good practice will be helpful if it is illustrative, educational and current, rather than narrowly prescriptive and allowed to become dated. In addition an important opportunity exists for EPA to work in partnership with Ai Group to support industry. (Australian Industry Group submission, p. 6) Since 2011, the EPA has adopted a regulatory model that includes ‘inform and educate’ and ‘support to comply’ as important elements. However, public feedback suggests the EPA does not give sufficient attention to these. Further, compliance support will be a critical task of the EPA when it implements the general duty. The EPA and its must be able to switch between supportive and regulatory enforcement roles as the situation requires. Providing advice to duty holders on how to comply with their obligations is a core task of regulators.27 Importantly, the EPA’s information activities should focus on changing behaviour, not only providing information. Behavioural economics and psychology offer opportunities to influence behaviour and achieve desired outcomes, often at less cost than information or education campaigns or direct regulation (box 16.5). This approach gained prominence through nudge theory, which seeks to ‘…steer people towards better decisions by presenting choices in different ways’.28 The Victorian Government’s newly established Behavioural Insights Unit in the Department of Premier and Cabinet will support innovation in this area, including through ‘flagship’ projects aimed at driving awareness, demonstrating best practice approaches and delivering tangible improvements. We consider that this provides an opportunity for the EPA to build its capability and leverage support for innovation. In particular, the EPA should explore whether implementing the general duty could be a flagship project. We note that the Behavioural Insights Unit of the NSW Department of Premier and Cabinet has started work on its first project with the NSW EPA to test the application of behavioural insights to its regulatory activity.
The effects of mine fires can be severe. Smoke and ash released from open cut mine fires can have an immediate and widespread impact on air quality, affecting local residents and particularly the most vulnerable people in the community. Poor air quality can aggravate respiratory diseases such as asthma and bronchitis and increase the risk of respiratory problems.5 Short term symptoms can include itchy eyes, sore throat, runny nose and coughing.6 Long term effects can include increased levels of cardiovascular problems and elevated levels of cancer.7 Groundwater contamination In Victoria, the proximity of underground and open cut mines to local communities can create risks in relation to the quality of groundwater and surface water. Old goldmines under towns can also leave a legacy, especially their ongoing impact on the local watertable which must be monitored continually (box 17.2).
Generally, there are four main mining activity impacts on water quality:10 Acid mine drainage exposes sulphides in rocks to air and water, creating sulphuric acid. Leached sulphides can be carried through the watertable or by rainwater surface run off, severely affecting local waterways and aquatic ecosystems. Heavy metal contamination and leaching can occur when mined metals come into contact with water and move into waterways and watertables, affecting drinking water supplies and aquatic ecosystems. Processing chemicals such as cyanide and sulphuric acid can be used in extractive mining activities to separate minerals from the parent rock. If not contained in tailings dams, these chemicals can have significant impacts on humans and wildlife if they enter the local groundwater and waterways. Erosion and sedimentation must be actively managed by mine operators throughout the mine’s life and after rehabilitation to reduce any offsite impacts, especially in heavy rainfall events or if tailings dams burst. Tailings storage facilities Tailings storage facilities (TSFs), also called tailings dams, are impoundment structures for disposing of the fine grained slurry waste stream that is left over from mining, and crushing and processing activities. The design and siting of TSFs is highly specific to a mine and will depend on the mine’s scale, nature and local geography. Serious environmental incidents around the world and in Australia highlight the potential immediate and long term risks of TSFs, particularly relating to their structural integrity and stability (box 17.3). TSFs need to be managed safely and in an environmentally responsible manner during operation. They also need to have appropriate plans for their closure and rehabilitation when operations cease. The case for change Throughout our consultations, stakeholders raised concerns about the current regulatory arrangements for the mining industry in Victoria. They were particularly concerned about the potential conflict of interest in having the primary mining regulator – ERR – reside in the Department of Economic Development, Jobs, Transport and Resources, which seeks to foster and develop the mining industry.