Greentape Reduction project—frequently asked questions
- General
- Initiative 1—Proportional licensing
- Initiative 2—Provide flexible operational approvals
- Initiative 3—Streamlining mining approvals
- Initiative 4—Streamline and clarify information requirements
General
How can I find out more about the Greentape Reduction project?
The best place to find more detailed information is by reading the document Greentape Reduction—Reforming licensing under the Environmental Protection Act 1994—Discussion Paper and Regulatory Assessment Statement (PDF, 228K)*.
Overview (PDF, 80K)*, industry (PDF, 82K)* and local government (PDF, 82K)* information sheets are also available.
To request a copy, please email epact.policy@derm.qld.gov.au or call (07) 3330 5899.
If I have suggestions or concerns regarding the project, how can I ensure my voice is heard?
After reading the discussion paper and regulatory assessment statement, and all the other relevant information materials, we encourage you to make a submission to the project. Written submissions are open until 1 July 2011.
Submissions can be made via email epact.policy@derm.qld.gov.au or mail:
Project Manager
Greentape Reduction Project
Environmental Policy and Legislation
Department of Environment and Resource Management
GPO Box 2454
Brisbane QLD 4001
Will the Greentape Reduction project lead to lower regulatory standards and worse environmental outcomes?
No. The key aim of the project is to ensure environmental standards are maintained while reducing unnecessary costs of regulation to industry and government.
Freeing up government and industry resources by reducing unnecessary costs of regulation will allow a more focused and proportionate response to activities that present higher environmental risks.
Importantly, all current penalties for non-compliance will be maintained, with new measures such as show cause notices introduced to ensure compliance.
Initiative 1—Proportional licensing
What types of activities would be affected?
Initiative 1 only affects those environmentally relevant activities which are currently licensed through the Sustainable Planning Act 2009 (that is, the activities which are listed in schedule 2 of the Environmental Protection Regulation 2008). These are more commonly known as Chapter 4 activities.
Examples of Chapter 4 environmentally relevant activities include chemical manufacturing, motor vehicle workshops and sewage treatment plants.
This initiative does not affect resource activities (mining, petroleum, greenhouse gas storage or geothermal activity) because they are already subject to a proportionate licensing system. Streamlining for resource approvals is dealt with under ‘Initiative 3’.
What are the proposed assessment tracks?
There are four proposed assessment tracks under the Greentape Reduction project. These are (in increasing order of environmental risk)—statutory rules; standard approvals; site specific assessments and environmental impact statements. More information on each of these tracks can be found in the discussion paper.
What is the rationale for the assessment tracks?
The rational for the development of the proposed assessment tracks is to better reflect the principle of proportionality in the licensing framework.
Put simply, this means that the proposed tracks more closely align the environmental risk of the activity with the administrative effort and assessment burden.
Will the fees be the same under the new assessment tracks?
No. Approvals for activities which fall under the statutory rules track will attract no fees, and will not require the preparation of an application or the submission of an annual report.
How will the environmentally relevant activities be organised into different assessment tracks?
The environmentally relevant activities will be allocated to assessment tracks through the assistance of an expert panel process. Two panels will be formed—one for environmentally relevant activities administered by local government, and one for those administered by the Department of Environment and Resource Management (DERM). Specifically, the panels will be responsible for providing advice about the most appropriate assessment track to manage the environmental risk of each type of activity.
To ensure stakeholder needs are considered, each panel will have: representatives from business and industry; scientific or technical experts; and (depending on the panel) local government and/or DERM representatives.
I have a current approval. Will the proposed changes require me to apply for a new approval?
No. Use rights under existing approvals will not be affected. A new application will not be required.
If I have an existing development approval, could I transition to the statutory rules or standard approval?
Yes. You may choose to transition to the new ‘statutory rule’ or ‘standard approval’. This would not require the whole development approval to be reassessed.
Initiative 2—Provide flexible operational approvals
Initiative 2 is primarily aimed at environmentally relevant activities that are approved under the Sustainable Planning Act 2009. However, some aspects of this initiative (bubble licences and corporate licences) can also be used for environmentally relevant activities that are resource activities.
Why the need for change?
Currently in Queensland (unlike other mainland Australian states) the operational conditions for an activity approved under the Sustainable Planning Act 2009 are included with the same permit for the land use approval. This limits the opportunity to easily amend operational conditions without having to also reconsider the whole land use approval, even where the land use aspect of the development remains unaffected.
In relation to activities approved under the Sustainable Planning Act 2009 and resource activities, the following problems also exist:
- There is limited capacity for consolidating operational conditions for different environmentally relevant activities on a single premise.
- The current land use approval system does not facilitate corporate approvals where a single company operates multiple sites.
- There is limited scope for updating approvals/conditions to reflect evolving business and environmental management standards.
- The permits regulate activities on individual sites and there is no capacity for multiple approvals to be managed under one permit
What are the advantages of the proposed operational approval?
Developing a separate operational approval will mean that it will be much simpler to transfer and amend conditions that relate to the ongoing and post-construction operation of an activity. This will be able to occur without having to reopen the development approval under the Sustainable Planning Act 2009.
The flexibility of the operational approval is also more compatible with the demands of modern business. Specifically, it will allow a company or individual to have one approval for multiple environmentally relevant activities on different sites which operate together. This will also include the provision for ‘bubble licenses’ whereby emissions can be traded between different sites, and ‘corporate licenses’ whereby a single document contains all of the relevant conditions for different sites, with alignment and streamlining of the general conditions (for example, monitoring and reporting) that apply to all of the sites.
Will I need to apply separately for my development approval and the operational approval?
No. While there will be two separate approvals—one land use and one ongoing operational —you will only need to make one application. The application will continue to be made by the assessment manager for the integrated development assessment scheme. From there, the application will be referred to the administering authority, which will provide you with a concurrence response (for the development application) and an operator licence.
If the holder of a corporate licence wishes to change the conditions relating to one activity, will this open up all conditions of the approval?
No. Only those conditions that are relevant to the change requested will be subject to review.
Does a corporate licence holder get an unfair advantage, for example in relation to fees paid, over small businesses?
No. While there will be significant benefit for businesses that sign up for corporate licenses due to fewer administrative obligations and simpler compliance, the fees will still be site-based. Therefore, a corporation with several sites but one corporate licence will still pay for each site.
Will the change increase the time required for an application to be approved?
No. The assessment of applications will follow the current timeframes in the legislation.
Will an operator still be required to get a registration certificate, as well an operator licence?
No. Holding an operator licence will remove the need to hold a registration certificate.
How will mobile and temporary activities be approved?
Mobile and temporary activities do not involve a change to the use of land and therefore do not require a development permit. The operator will need to obtain an operator licence to undertake the activity.
I have a current approval. Will the proposed changes affect me?
No. Existing approvals will be considered to be an operational approval for an environmentally relevant activity. However, where you wish to consolidate approvals, separate the operational and land use aspects of an existing approval, or gain any other advantages offered by the operational approval, a request can be made of the administering authority. This would not require that existing approvals be assessed again.
Initiative 3—Streamlining mining approvals
What types of activities are affected?
Initiative 3 is aimed at resource activities (mining, petroleum, greenhouse gas storage or geothermal activity), for those environmentally relevant activities which are associated with a form of tenure under the Mineral Resources Act 1989, Greenhouse Gas Storage Act 2009, Geothermal Act 2010, Petroleum Act 1923, Petroleum (Submerged Lands) Act 1982 or Petroleum and Gas (Production and Safety) Act 2004.
What changes are being made?
The main change is to the structure of the legislation, not to the process of applying for an environmental authority. The legislation is being restructured to align with the stages of the assessment process (that is, application stage, information stage, public notice stage, Land Court stage, decision stage, and post-decision dealings). This will make the process clearer and simpler for operators and decision makers, reduce delay times and improve consistency of outcomes.
It is important to note that not all authorities are required to go through these steps—the steps will vary according to the scale of the project.
What are the specific changes?
In addition to these structural changes, the assessment process is being streamlined and clarified to become clearer and more transparent for industry, government and the community. These streamlining measures include:
- a formal information stage, so the type of information requested and the timeframes for when it can be requested are clear
- removing the need to provide an additional environmental management plan
- streamlining plans of operations
- attaching the environmental approval to the tenure so that the holder does not need to go through two transfer processes when ownership changes.
Will the information stage add to timeframes?
No. The department is currently seeking further information on some applications for an environmental authority, but this process is unclear and varies across the regions. The information stage will set out clearly what information can be sought and when.
Why remove the environmental management plan requirement?
Over the years, the purpose of environmental management plan (EMP) has changed, and it is now used primarily as an application document. The aspects of the EMP which are still needed to assess the environmental authority application will be rolled into the application document and the surplus aspects will be removed.
How are plans of operations being changed?
A plan of operations is required for all environmental authorities associated with a mining lease. This requirement is not being changed, but adjusted to more closely match the level of environmental risk associated with the activity—that is, less stringent requirements for level two environmental authorities, with greater information required for level one environmental authorities.
Why is the environmental approval being attached to the tenure?
At the moment, the holder/s of the environmental authority must be the same as the holder/s of the tenure. However, because there are two documents under two different Acts, this requires two transfer processes. By attaching the environmental authority to the tenure, the environmental authority will no longer need to be transferred, but will automatically be ’owned’ by the holder/s of the tenure. This means that the holder/s will only need to apply to transfer the ’ownership’ through one process, instead of two.
How will my current approval be affected?
If you already have an approval, there will be very little change. Some changes to your approvals (for example, transfers, amendments) will be more straightforward and the legislation will be clearer and easier to navigate.
I currently have approvals for resources activities (mining, petroleum, greenhouse gas storage or geothermal activity), and activities not related to mining and petroleum. Some of these are on different sites. Can I incorporate these into the same corporate licence?
Yes. As part of the initiatives for environmentally relevant activities (not associated with mining and petroleum), the operational part of these approvals will become an environmental authority. These environmental authorities can be amalgamated, regardless of whether they are resources activities (mining, petroleum, greenhouse gas storage or geothermal) or non-resources environmentally relevant activities.
Initiative 4—Streamline and clarify information requirements
What types of activities are affected?
This initiative affects any environmentally relevant activities that currently require a form of approval (that is, the activities which are listed in schedule 2 of the Environmental Protection Regulation 2008 and the resource activities (mining, petroleum, greenhouse gas storage or geothermal) that are licensed through an environmental authority under the Environmental Protection Act 1994.
How will the compliance assessment step affect me?
The compliance assessment process is a voluntary step which allows you to obtain approval prior to preparing information on some specific technical matters. This will benefit you as you will not need to provide detailed technical information prior to approval being received. Some of this information is costly to produce, and the compliance assessment process allows the proponent to proceed with certainty when preparing this information.
Examples of activities that may fit within the compliance assessment process include technical engineering reports for liners of landfills and containment structures for regulated waste storage.
Will the proposal to include compliance assessment pose a risk that a project may be approved, but then fall at the final hurdle?
No. All approvals given will be final and not subject to further approval. The compliance step is a condition of approval for technical and non-subjective matters. An operation will not commence until these compliance steps have been achieved.
The compliance assessment process is comparable to the approval process for building a house. Initial approval will be given, conditional on the house being built to the relevant building standards. This is a requirement of certification, but does not threaten the approval for building the house.
One of the proposals aims to reduce the amount of information that must be provided for an approval to be assessed. How will the decision process be improved by a decision maker having less information upon which to make a decision?
Currently the assessment process requires an application to be reviewed against the standard criteria. This can be complicated and ambiguous, creating confusion. Applicants then submit a range of information, much of which is not necessary for the assessment.
The proposal will reduce the standard criteria, ensuring that only the information needed for assessing the application is clearly indicated.
How will third party certification work?
If the department requires a report on the nature and extent of environmental harm caused by a proposed or existing activity, a suitably qualified person may produce the report. A third party will then certify the report. The department will accept the third party report as part of the assessment process but may audit the report at a later date. This will reduce the assessment time and provide greater certainty for the proponent.
Will third party certification weaken the approvals process?
No. A third party reviewer will need to comply with stringent requirements in order to be an approved operator, and will be required to uphold a code of conduct and associated standards in order to remain certified. This will ensure that environmental standards will not be diminished.
How does someone become a suitably qualified person?
All suitably qualified persons are required to hold certain qualifications, organisational membership and have certain levels of experience. They are then required to produce reports, assessments and certifications regarding environmental activities. These reports must subsequently be assessed and approved (or refused) by the relevant government department.
The qualifications required to become a suitably qualified person will be determined through a list of requirements set out by DERM. These will be available publicly on the DERM website and/or by contacting DERM directly. The required qualifications will vary, depending on the type of application that is being processed.
For example, an activity that mainly pollutes the soil or ground will require the suitably qualified person to have certain qualifications relating to soil and/or groundwater pollution. The required qualifications will differ for activities that cause other types of environmental harm. DERM will recommend the use of suitably qualified persons for the creation of reports which are to be subsequently approved and will provide this information to applicants as required.
How does someone become a third party reviewer?
The process for becoming a third party reviewer is similar to the suitably qualified person process in that certain qualifications and organisational membership must be held and certain levels of experience obtained.
The main difference between a suitably qualified person and third party reviewer is that third party reviewers must undergo a stringent selection process implemented by DERM. A person applying to become a third party reviewer must also demonstrate that they have competency in assessment and management of the specific environmental activities they wish to be certified for—according to specific criteria set by DERM.
Additionally, they must prove that there are no mitigating circumstances that would lead to a conflict of interest with regard to their assessment of an environmental activity.
How will the conduct of third party reviewers be maintained so that environmental standards are upheld?
DERM will make third party reviewers subject to broad requirements such as a code of conduct and associated principles. This may include powers such as spot audits on auditors, review of work and other checks and balances which will ensure high standards are maintained within the auditor pool.
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Last updated 19 May 2011