Arminda Ryan, Joanne Stuart & Naomi Lee from NSW EPA led a lively discussion on the management of old mine sites in NSW. The questions began with:
What is the NSW EPA doing with respected to abandoned mine sites in regional NSW?
- Responsibility for derelict or abandoned mines in NSW is the responsibility of the Derelict Mines Fund which is managed by the Division of Resources and Geoscience.
- Where the NSW EPA regulates a mine site, there are conditions on the environment protection licence to manage the discharges coming from mines undergoing rehabilitation.
Are Councils ready to implement the SEPP 55 changes?
- NSW EPA does not manage SEPP 55 so has focussed on supporting councils with the updated UPSS regulation.
- The proposed UPSS changes will happen before the updated SEPP 55 is released. NSW EPA anticipates that the planning industry and agencies will assist Councils through the transitions. NSW EPA are aware that another draft of SEPP 55 and associated planning guidelines will be made available in the future.
Will the EPA be auditing the self-evaluation program?
- The EPA will prioritise those sites which self-reported no loss monitoring / leak detection systems and having an ongoing regulatory role for these in the first instance. The results of the self-evaluation program will be provided to councils so they can follow up other matters with those UPSS operators who might have had other less significant non-compliances.
Other notes:
UPSS Regulation Update
- UPSS Regulation sets out minimum standards for the design, operation, maintenance and monitoring of UPSS.
- Minimises risk of contamination from UPSS.
- Intention was for the NSW EPA to be ARA for 4 years and then transition to local council. This was postponed due to compliance rates, council merges and regulatory capacity. From 01 September 2019, local councils will share the regulatory role with the NSW EPA for UPSS regulation.
- There are 3000+ operating UPSS sites in NSW.
- 128 local councils to be come the ARA for around 2,000 UPSS.
- EPA remains ARA for licensed premises, public authorities and sites under current regulatory action.
Transition Plan
- Updating guidance materials to ensure consistent with 2019 regulation.
- Self-evaluation program for service station operators.
- Developing comprehensive handover packages for council including templates for notices etc.
- The training program for council officers begins mid-August. This will involve 14 face to face workshops around the state for council operators. It will run through every aspect of how a UPSS operates and how the regulations apply. That material will turn into online modules which will be available in September for all council operators through the NSW EPA portal.
What does it mean for industry?
- Streamlined and simplified guidance.
- Rules will not change, though a few more enforcement rules will apply to assist regulatory authorities to enforce fixing leaks etc.
- Contamination still to be dealt with under CLM, POEO or SEPP 55.
- Two regulators with the same regulatory powers and roles.
- Consistency with approach is important and the NSW EPA is proactively working with councils to achieve this.
- Regulation published in NSW Government Gazette in 3rd week of August approx.
Regulatory Practice Update
- Updating guidelines for Consultants Reporting on Contaminated Sites.
- Updated Guidelines for the assessment and management of hazardous ground gases.
- Guidelines will be made available for public consultation.
Financial Assurances
- Environmental Liabilities Team developing guidance on when EPA may require a financial assurance.
- Powers under CLM under a management order allows EPA to ask for a financial assurance. An example would be the cost of monitoring and maintaining containment cells on an annual basis and mayl require a financial assurance for cost recovery in the event that the EPA needs to intervene and manage the site.
- Financial assurances can be reviewed and are often stipulated on licence conditions. An independent cost assessment may also be required to ensure that the estimated amount of the financial assurance is appropriate, therefore the process will be a two part process whereby a financial auditor has to cross check cost estimates prepared by a consultant.
- Insurance is another option for financial assurances and may be stipulated on the licence conditions. This covers issues that you cannot predict or cost. Only few policies are available, therefore the NSW EPA is proactively considering how to manage this and what financial arrangements are appropriate for unexpected environmental incidents. This will also go out for external consultation.
All updates will issued on the NSW EPA website.
Council Regional Capacity Building Program
- The EPA is running a Council Regional Capacity Building Program over a period of three years. The program aims to build capacity in the management of contaminated land in NSW by providing grants to groups of councils in regional NSW to employ an officer trained in contaminated land management. The program will ensure that participating councils have contaminated land policies which comply with legislation and procedures for managing contaminated land, as well as council staff have improved knowledge of the legal duties and technical aspects of contaminated land management. The officer will also assist with building capacity to regulate UPSS.
Presenter Name | Presenter Company |
Arminda Ryan | Director, NSW EPA Contaminated Land Management |
Joanne Stuart | Manager, Regulatory Practice and Programs, NSW EPA |
Naomi Lee | Operations Officer, NSW EPA |
7 August NSW Branch report submitted by Arminda Ryan.
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