Message from the Chair

Welcome to the Environment Protection Authority’s (EPA) first newsletter for 2012.

In this newsletter, we highlight the recent work of the EPA and our efforts to ensure that the people responsible for looking after the environment are doing their job. Since our last update, we have one new inquiry, Berrimah Business Park, and two new watching briefs, Edith River Train derailment and resultant copper concentrate spill and Mount Todd mine site uncontrolled release of water. The conclusion of the Darwin Port Corporation prosecution has also allowed us to commence the second part of the East Arm Wharf Copper Concentrate Spill Incident Inquiry. 

The Minister for Natural Resources, Environment and Heritage has asked us to provide more information on how our advice on ecologically sustainable development might translate into action on the ground. We have commenced additional research with a view to developing a series of pragmatic suggestions. 

The EPA has another busy and productive year ahead and we will provide further updates as the year progresses.

Professor Grahame Webb

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Watching Briefs

Edith River train derailment and resultant copper concentrate spill Watching Brief

On 27 December 2011 a northbound freight train derailed at flood waters at the Edith River. The train was carrying copper concentrate from the Oz Minerals Prominent Hill mine in South Australia. The cause of the derailment is being investigated by the Australian Transport Safety Bureau. NT WorkSafe is conducting investigations into aspects of the transport arrangements in relation to the Transport of Dangerous Goods by Road and Rail Act, The Department of Natural Resources, Environment, The Arts & Sport (NRETAS) is carrying out water and sediment sampling to determine whether the copper concentrate, many tonnes of which spilled into the Edith River, has had or may have any adverse environmental impact. The EPA determined to conduct a watching brief into the incident in order to satisfy itself that:

1. The approval process for the AustralAsia Railway, including infrastructure standards and environmental controls, put adequate measures in place to protect the environment.
2. The regulator (currently the Transport Group of the Department of Lands & Planning) ensured the rail owner Genesee and Wyoming was responsive to identified vulnerabilities of the track and had established procedures for taking proactive measures in extreme weather events.
3. The exemption given to Oz Minerals by NT WorkSafe under the Transport of Dangerous Goods Act that permitted Oz Minerals to transport a dangerous good in the manner it did, was the result of a robust approval process within the framework of current knowledge at the time it was made.
4. The response by various regulators was timely, effective and proportionate.

The EPA’s initial concern was to satisfy itself that any immediate threat to the environment was being adequately addressed. The NRETAS water and sediment sampling results, which have been made public as they become available, provide a level of reassurance in this respect. The EPA is now seeking information about the scope of the investigations being conducted by the various agencies to ascertain the extent to which the EPA’s objectives are being addressed by the current investigations.

Mount Todd mine site uncontrolled release of water Watching Brief

During the night of 26/27 December 2011 rain in the Edith River catchment resulted in an uncontrolled release of water from a retention pond in the Mount Todd mine site. Vista Gold Australia Pty Ltd has exploration leases over the mine site and has a licence to release water from the retention pond when the Edith River reaches 0.8 metres. The water release on 26/27 December 2011 was the result of water overflowing the spillway. Preliminary enquiries made by the EPA following the incident identified that the uncontrolled release of water from the retention pond is not the only cause for concern regarding the potential for the mine site to have an adverse impact on water quality in the Edith River and further downstream. The situation is complicated by the fact that Vista Gold does not have environmental responsibility for the mine site as this is not a requirement under the exploration leases held by it. The mine is under the management of the Northern Territory Government’s Department of Resources, which has been carrying out remediation work over the last few years to protect water quality in the area. This work has recently included establishing diversion trenches to divert rainwater from the retention pond and tailings dam. Work is not yet completed and some of these trenches were damaged on the night of 26/27 December.

The EPA’s objectives in establishing its watching brief are to satisfy itself that:

1. The environmental management standards of the Department of Resources, while the mine has been under its control, met the standards established by it.
2. The regulator acted to ensure effective preparation by the responsible parties for extreme weather events, whether that is Vista Gold, the Department of Resources, or both, to the extent considered reasonable.
3. The response by the various regulators was timely, effective and proportionate.

The EPA is currently seeking information from the regulatory authorities to enable full consideration of these matters.

E. coli outbreaks at Darwin Harbour beaches

The EPA continues its watching brief on the E. coli outbreaks in Darwin Harbour, which commenced following beach closures in 2010 due to levels of E. coli elevated above recreational water quality guidelines. The primary objective of this watching brief is to ascertain the level of cooperation between the various agencies involved in responding to this public and environmental health concern.

In October 2011 the Northern Territory Government established a multi-agency Darwin Harbour Beach Water Quality Taskforce with an independent Chair to investigate the sources and pathways of bacteria affecting water quality at Darwin beaches and waterways. The Taskforce released its initial report in December 2011, in which it stated that the water quality monitoring undertaken has met best practice. The Taskforce initial findings are that there would appear to be multiple sources of bacterial contamination of Darwin beaches and waterways. The Minister for Natural Resources, Environment and Heritage has announced the Northern Territory Government’s intention to implement the Taskforce’s recommendations, which include the finalisation of a stormwater strategy, which has been on hold for the last few years.

The Taskforce is preparing a final report in which it will make detailed recommendations on a range of measures to address sources of bacteria in Darwin Harbour beaches and outline long-term monitoring options for providing an early warning system for any future risks to public health from bacteria on beaches. It will also contribute to a proposed education program to increase community awareness about the sources of pollution and the actions each individual can undertake to keep the harbour healthy. 

Land use planning and ecologically sustainable development in Alice Springs

Aspects of planning in Central Australia were of interest to the EPA to determine the extent to which ecologically sustainable principles were being put into practice in the planning for the new suburb of Kilgariff and the Alice Springs Urban Revitalisation Project.

This watching brief has now been closed and an informal report is being prepared for the Minister. A summary of the EPA’s conclusions will be publicly available on the EPA Website once this report is completed.

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Inquiries

Berrimah Business Park Stormwater Drainage Inquiry

In October 2011 the EPA received a public referral regarding concerns about potential environmental impacts resulting from stormwater discharge from the Berrimah Business Park subdivision on the downstream watercourse, which runs into Ironstone and Knuckey lagoons. The Berrimah Business Park is located on the Stuart Highway just west of the intersection with Vanderlin Drive. Development consent was obtained in 2009 to create a range of commercial and retail outlets on the site.

The EPA has determined to conduct an inquiry to ascertain whether existing planning approval systems and processes ensured adequate assessment of the potential environmental impacts of this development. The specific terms of reference of the inquiry are:

1. Whether the evaluation of potential environmental impacts in the assessment and approval of the Berrimah Business Park development was adequate.
2. Whether existing systems and processes ensure adequate assessment of the potential environmental impacts of the development.
3. Whether the public can be reassured that the current assessment, approval and monitoring processes ensure the protection of the downstream urban wetland area.

The EPA is currently obtaining information to address these matters. Once the inquiry is complete, formal advice will be provided to the Minister for Natural Resources, Environment and Heritage. The report will also be made publicly available on the EPA Website.

East Arm Wharf Copper Concentrate Spill Incidents Inquiry, Part 2

The EPA continues its inquiry into the copper concentrate incidents at East Arm Wharf. Following the conclusion of investigation by the Department of Natural Resources, Environment, The Arts and Sport, the Darwin Port Corporation was charged and found guilty in September 2011 of environmental nuisance under the Waste Management and Pollution Control Act. It was fined $19,000 and ordered to pay the Department’s legal costs of $50,000. The completion of the Department’s investigation and the conclusion of prosecution proceedings permitted the EPA to complete its inquiry, which seeks to determine the adequacy of the regulator’s response to the incidents. Part 2 of the inquiry will be completed in the first half of 2012.

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Submissions

EPBC Act Environmental Offsets Policy Consultation Draft

In October 2011 the EPA provided comment on reforms related to the review of Australia’s national environment law, the Environment Protection and Biodiversity Conservation Act (EPBC Act). The EPA prepared a submission on the draft EPBC Act Environmental Offsets Policy, emphasising that offsets should not be seen as an alternative to high standards of development assessment and environmental management. Offsets should only be used after the necessary obligations have been met to avoid, minimise and mitigate negative impacts. The submission recommended the development of transparent offset accreditation arrangements that allow state and territory offset programs to deal with matters of national environmental significance - rather than independent Commonwealth, state and territory programs that are likely to cause confusion for both developers and offset providers. The EPA highlighted the largely intact nature of Northern Territory landscapes, which nonetheless face considerable threat from pervasive processes such as fires, feral animals and weeds. These processes present serious management challenges for our region and its small, geographically dispersed population, and mean that indirect offsets are likely to be as important as direct offsets in some Northern Territory contexts.

View the full submission

EPBC Act Cost Recovery for Environmental Approvals

The EPA provided a response to the Commonwealth Government’s proposal for cost recovery to assist with delivery of EPBC Act reforms. The EPA recommended that any environmental assessment charges imposed on proponents be based on the size and complexity of a project, the scope of management measures, and the associated risks to matters of national environmental significance. The response highlighted a number of considerations that need to be given to imposing new or increased charges on wildlife-based enterprises, including the potential for cost recovery to stifle innovative and scientifically-sound wildlife enterprise development, particularly in remote communities. The EPA further identified that Australia, as a party to Convention on International Trade in Endangered Species (CITES), could play a bigger role in reducing unnecessary and resource-wasteful permitting requirements and costs, which unduly burden those who trade in species that are not directly under threat, and which fail to produce any real benefits for species conservation.

View the full submission

Future COAG Regulatory Reform Agenda Stakeholder Consultation Paper

In October 2011, the EPA provided comment on the Council of Australian Governments (COAG) Future COAG Regulatory Reform Agenda Stakeholder Consultation Paper. Feedback was sought by COAG on the agenda for national reform across a range of areas including environmental regulation. The key areas identified by COAG for environmental regulatory reform include:

• Development of national standards for environmental assessment and approval processes
• Greater use of regional planning and strategic assessment approaches
• Establishment of a national threatened species list
• Development of national standards for environmental offsets and biodiversity banking

The EPA strongly supports these priorities for reform, which have the potential to deliver improved environmental protection outcomes. The EPA’s comment presents a range of issues for consideration as a part of future reform and highlights the importance of ensuring the active involvement of the states and territories in this process.

View the full submission:

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EPA Board Member Profile

Cris Cureton
LLB (UNIVERSITY OF ADELAIDE)
BA  (UNIVERSITY OF ADELAIDE)

Cris Cureton was appointed as an EPA Board Member in May 2011.

Cris is the foundation partner of Minter Ellison's Darwin office. He has substantial experience in resources and major project procurement and delivery through his involvement in key Northern Territory projects over the past two decades - including the Alice Springs to Darwin railway and the Bonaparte Gas Pipeline.

Cris was named in Best Lawyers Australia 2010 and 2011 as one of Australia's leading lawyers.

Cris has significant environmental experience which includes advising government agencies and large companies on how to meet their environmental obligations in the Northern Territory.

Cris was involved in the Northern Territory Economic Future forums and assisted with the drafting of legislation and reforms for the construction industry in the Northern Territory.

Partly educated at Parap Primary School in Darwin before Cyclone Tracy, Cris completed his university degrees in Adelaide and has been back in the Territory since 1987.

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Publications

Annual Report 2010-11

In September last year, the EPA released its fourth Annual Report in accordance with legislative requirements.

The Report provides an account of the EPA’s functions and activities for the 2010-11 financial year and outlines future priorities.

View the Annual Report 2010-11

EnviroCare Directory

The EPA has produced an EnviroCare Directory to assist to direct public enquiries on environmental matters to the responsible regulatory agency, authority or organisation.

One of the functions of the EPA is to respond to public concerns about environmental issues and incidents which are not being effectively addressed by the appropriate authority. The EPA does not deal with initial reports or respond where the responsible authority has not been given a chance to respond first.

In most cases, the authority will deal with the matter once it has been brought to their attention.

View and download the EnviroCare Directory

If the regulatory authority or responsible organisation have been contacted and informed of a matter regarding an environmental concern but do not appear to be responding adequately, see the EPA Website for information on reporting an environment incident or issue.

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Events

Sustainability Training for Business

The EPA have partnered with Group Training NT (GTNT) to deliver Sustainability Training for Business in Darwin and Alice Springs. The training aims to promote and provide the knowledge and incentive to implement green policies and sustainability within businesses. It provides business related information to allow businesses to operate more sustainably, while reducing costs and increasing profits.

The next course will be held in Darwin on 15 March. For more information contact GTNT on (08) 8941 2112.

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Pollution Enquiries

Pollution incidents are those incidents which cause or have the potential to cause material or serious harm to the environment. 

Pollution Incidents requiring urgent attention should be reported via the 24 hour free call Pollution Hotline 1800 064 567. Calls are directed immediately to a 24 hour on-call authorised officer of the Waste Management and Pollution Control Act via a call centre.

The Pollution Hotline is a one-stop shop for public reporting of pollution incidents requiring urgent attention. It is administered by the Department of Natural Resources, Environment, The Arts & Sport (NRETAS).

For further information, go to the NRETAS website.

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