Future Proofing Environmental Management Plans
At the conclusion of site characterisation programs or remedial effort, a legacy remains, which is the residual contamination left in the ground in most cases due to costs and/or practicalities. It has long been accepted that, if the risk of contamination is acceptable, the contamination can remain in situ, so long as there is an Environmental Management Plan (EMP). The lynchpin of the EMP regime is that there will be compliance with the EMP, essentially forever. As such, EMPs need to be future proof, technically robust and defensible, but also written in plain English so that they can be readily understood by the public, adaptable and legally enforceable. Is it possible for EMPs to be all of these things, or are we just setting ourselves up for failure? Because of the inherent difficulties associated with EMPs, they continue to be topical and present issues for consultants, auditors and regulators each and every day.
In this presentation, the combined legal and consultant team will:
- Compare and contrast the existing legislative regimes in relation to EMPs, including by identifying those which work best, both in theory and in practice;
- Identify the key sources of disputes and liability, including for consultants and auditors, in relation to EMPs;
- Discuss some war stories and “EMP fails”, and the lessons to be learnt from those cautionary tails;
- Practical tips for ensuring that your EMP is functional and adhered to, both now and into the future.
Sarah Mansfield is a Special Counsel at Norton Rose Fulbright and has worked for more than 11 years in environment and planning law. She has particular expertise in contaminated land, pollution, waste and planning and environmental approvals.
Peter Zafiropoulos is a Technical Director for GHD and an EIANZ certified Contaminated Sites Practitioner with over 17 years’ professional experience in contaminated site assessment, acid sulphate soils (ASS) assessment and management, contaminated site audit and remediation. Peter's interests are legacy contaminated site management, and the interplay between contaminated sites assessment, remediation, management and the legacy of mine closure.
Katherine Stockwell is a graduate environmental scientist, having recently completed her Honours thesis combining abiotic and microbial amendments to accelerate bioremediation of bauxite residue. Katherine is growing her experience in all stages of the contaminated sites assessment process, from preliminary site investigation to endpoint programs which include environmental management plans.