[email protected] training for environmental assessment guideline no. 17
TRANSCRIPT
Program
• The essence of EAG 17• Case studies• Q & A– The butcher’s paper– Other
Package
• Today’s training• Detailed notes• Q & A document
First – who are the audiences?
• Regulators• Concern and informed public
What is the essence of EAG 17?
• Focused and precise EMPs – EPA objectives– precision, relevance, robust, readable and accountable
• Legality - relevant Ministerial Statement conditions– Condition EMP
• Prefer demonstrating measurable environmental outcomes – where an environmental outcome or impact can be
precise - outcome based Condition EMP– Unclear outcome “minimise impacts as far as
practicable ” - management action focused
What is the essence of EAG 17?
• CEMPs effectiveness measures – compliance– outcome based Condition EMPs – achievement of
outcomes – management action based Condition EMPs –
implementation of stated management actions • Outcome based Condition EMPs –
environmental criteria– robust, credible, easily monitored, and easily
interpretable
What is the essence of EAG 17?
• Management action based Condition EMPs need to specify actions
• Follow mitigation hierarchy– avoid, minimise, rehabilitate, offset
• Monitoring• Reporting– Annual– Exceedance reporting– Any threshold contingency actions or revised
management actions
What is the essence of EAG 17?
• Adaptive management and continual improvement
• Transparency– Involving and reporting to community
Environmental criteria
• Two types – Triggers– Thresholds - not to be exceeded – non-compliance
• Traffic lights
Below trigger -
Trigger exceeded -
Threshold exceeded -
Adaptive management
• Changing (adapting) mitigation measures• When things don’t go as expected– Criteria exceeded– Criteria management implemented– Environment doesn’t respond as expected
• Importance of monitoring • Learning• More than ‘suck it an see’ - systematic
Case studies
• Blue text is used where the case study is being referred to.
• Black text is used to provide guidance and explanation
• NOTE – case studies are case studies
EAG 11 and types of conditions
• Outcome based conditions• Management based conditions• Prescriptive conditions
Comparison of Condition types
Outcome based• Measurable
outcome
Management based
• Measurable outcome not possible
Prescriptive
• Measurable outcome not possible
Comparison of Condition typesOutcome based Management based Prescriptive
• Measurable outcome • Measurable outcome not possible
• Measurable outcome not possible
• Objective: Minimise direct and indirect impacts to the regionally significant XY vegetation community as far as reasonably practicable
• Objective: to maintain the diversity, geographic distribution and viability of fauna at the species and population levels – (Common Bottlenose dolphin)
• Objective: To maintain the hydrological regimes of groundwater and surface water so that existing and potential uses, including ecosystem maintenance, are protected.
• Condition EMP required – triggers and thresholds
• Condition EMP required – management actions specified & measureable management targets
• Prescription – “The proponent shall not carry out any dredge activities between 1 November and 31 March in any year”
Meeting the EPA’s objective
Environmental Impact
Outcome based Management based Prescriptive
Proponent project management
Trigger level management actions implemented
Non-compliance
Threshold actions implementedLevel of
environmental acceptability
EPA’s Environmental objective met
EPA’s Environmental NOT objective met
Proponent project management
Management actions in Condition EMP
Review & revise management actions
Proponent project management
Management prescribed by Condition EMP
Trigger criterion/a
Management targets
Case study 1 - outcome-based condition and Condition EMP - Groundwater impacts of below
watertable mining
Proposal
• Mining up to 30 metres below the water table. • Critical groundwater-dependent ecosystem is 4km
from the site.• EPA concluded that its Environmental Objective will
be met subject to the preparation and implementation of a Condition EMP
• Objective – “The groundwater regime of the area is maintained such that the diversity and ecological function of groundwater-dependent ecosystem at location XX is maintained.”
Condition
• 10.1 Prior to the commencement of ground disturbing activities within the Mine Development Envelope, the proponent shall prepare and submit a Condition Environmental Management Plan (Condition EMP) to the satisfaction of the CEO*. The Condition Environmental Management Plan shall demonstrate that Condition 10.2 has been met.
Condition• 10.2 The implementation of the Condition EMP must ensure the
environmental outcome that the groundwater regime of the area is maintained such that the diversity and ecological function of groundwater-dependent ecosystem at location XX is maintained.
• The Condition will require the preparation of a Condition EMP that include:– trigger criteria and threshold criteria to inform whether the condition environmental
outcome is being met;– trigger level actions and threshold contingency actions to implement when relevant
criteria are exceeded;– monitoring to assess whether trigger criteria and threshold criteria have been exceeded;
and– reporting requirements, including annual reporting procedures, the format and timing
for the reporting of monitoring data against trigger criteria and threshold criteria to demonstrate that condition 10.2 has been met, and any non-compliance with the threshold criteria.
• *Chief Executive Officer of the Office of the Environmental Protection Authority
Table of Contents of Condition EMP
1. Summary2. Context and scope
a. The Proposalb. Environmental factor(s) & objective(s)c. Conditions and sections covered in documentd. Rationale & approach of condition EMP
i. Results of baseline studies/modelling etcii. Key assumptions/uncertaintiesiii. Overall management approachiv. Rationale for env criteriav. Rationale for choice of actions
Table of Contents of Condition EMP
3. Implementation of EMP1. Introduction – key issues considered in meeting
Environmental Objective 1. Results of baseline studies/modelling etc2. Key assumptions/uncertainties3. Overall management approach
2. Environmental criteria3. Monitoring
1. Implementation of Trigger Level Management Actions2. Implementation of Contingency Actions3. Monitoring Data and Review of the EMP
Table of Contents of Condition EMP
3. Condition EMP provisionsa. Condition outcomeb. Environmental criteria – triggers & thresholdsc. Monitoringd. Implementation of Trigger Level Management
Actionse. Implementation of Contingency Actionsf. Reporting - Monitoring Data and exceedances
Table of Contents of Condition EMP
4. Adaptive management5. Stakeholder consultation6. Supporting Technical Information
Case study Condition EMP
• 1. Summary• This Condition Environmental Management Plan
is submitted in accordance with Ministerial Statement No.X Conditions 10.1 and 10.2 for ____ Project by Company ___ Ltd.
• The table below presents the environmental criteria to measure achievement of the condition environmental outcome that must be met through implementation of this Condition EMP.
Trigger criteria
• Trigger criterion 1:• The groundwater drawdown footprint,
measured as the area contained within the two metre drawdown contour, does not exceed 20 km2.
Threshold criterion
• Threshold criterion 1:• The groundwater drawdown footprint,
measured as the area contained within the two metre drawdown contour, does not exceed 32 km2.
2. Context and scope
• 2.1 – What is the proposal– summary from the Ministerial Statement
• 2.2 Environmental Factors addressed in the EMP– “This CEMP addresses the potential impacts on
groundwater-dependent ecosystem at location XX some 4km away from the mine site. The proposal involves mining up to 30 metres below the water table, and significant dewatering will be required, and the anticipated area of influence because of the the drawdown to the groundwater is no more than 32 km2”
2. Context and scope
• 2.2 (Cont) - Relevant EPA Environmental Objective– The environmental objective set for this factor is that The
groundwater regime is maintained such the diversity and ecological function of groundwater-dependent ecosystem at location XX is maintained
• 2.3 – Conditions and EMP sections – Specifically, this CEMP is submitted in accordance with
Ministerial Statement [xyz], Conditions 10.1 and 10.2 for the [______] Project:[¬____]-. The requirements of these conditions are addressed in the following sections of the CEMP:
2. Context and scope
• 2.4 Rationale and approach in meeting the Environmental Outcome– 2.4.1 - Results of modelling (and/or baseline
surveys and studies)• Summary only – e.g. • Modelling of the groundwater was based on X bores
monitored over Y months. The computer model used was ___ and the results peer reviewed by ___.
2. Context and scope
• 2.4 Rationale and approach in meeting the Environmental Outcome (Cont)– 2.4.2 - Key assumptions/uncertainties– 2.4.3 - Overall management approach
• Not the details.
– 2.4.4 - Rationale for choice of environmental criteria• Measurable parameters, location of monitoring sites, frequency of
monitoring, scientific basis for approach.
– 2.4.5 Rationale for choice of trigger level actions and threshold contingency actions• Expected outcomes of the actions and the evidence in support of this. • What, if any additional monitoring will be required.
3. Condition EMP provisions
• 3.1 Condition outcome– The environmental objective set for this factor is that The groundwater
regime is maintained such the diversity and ecological function of groundwater-dependent ecosystem at location XX is maintained
• 3.2 Environmental criteria– Two levels of criteria were considered to measure during development
of this CEMP. They are trigger criteria and threshold criteria, which will vary in function. The trigger criteria were set at a conservative level to ensure trigger level actions are implemented well in advance of the environmental outcome being compromised. The threshold criteria were framed to measure achievement of the environmental outcome. A failure to meet threshold criteria signals the environmental outcome is not being met and implies non-compliance.
3. Condition EMP provisions
• 3.3 Monitoring – The purpose of monitoring is to inform, through the
environmental criteria, if the condition environmental outcome is being achieved and when trigger level actions or threshold contingency actions will be implemented. This section describes how [Company name]___ will undertake monitoring to determine the performance against the environmental criteria.• Location of monitoring sites;• Frequency of monitoring;• Etc
– Use a table format for this.– Monitoring should also be used to test the modelling.
3. Condition EMP provisions
• 3.4 Implementation of Trigger Level Actions– [Company name]___ has developed trigger level
actions that would be implemented if the associated trigger criterion signals the need for increased mitigation or protection (Table X). These trigger level actions will be implemented by [Company name] to mitigate and manage impacts so they once again will meet trigger criteria and safeguard threshold criteria.
3. Condition EMP provisions
• 3.5 Implementation of Threshold Contingency Actions– [Company name] has developed a number of threshold
contingency actions that would be implemented if the associated threshold criterion signals that the environmental outcome is exceeded (Table Y). The threshold contingency actions will be implemented to manage aspects of the proposal and achieve the condition environmental outcome and manage the impact to below threshold and trigger criteria again and hence bring [Company name] back into compliance.
3. Condition EMP provisions
• 3.6 Reporting provisions– Annual reporting– The environmental outcome will be reported against trigger and
threshold criteria (Table A) for dd/mm/yyy to dd/mm/yyyy by dd/mm/yyy in an annual report. In the event that trigger criteria or trigger and threshold criteria were exceeded during the reporting period, the annual report will include a description of the effectiveness of trigger level actions, and threshold contingency actions (if required) that have been implemented to manage the impact, as well as an analysis of trends.
– Reporting on exceedance of trigger criteria and threshold criteria– In the event of exceedance of any trigger or threshold criteria,
Company XY will notify the CEO of the OEPA in writing within 21 days.
4. Adaptive management and review of CEMP
• [Company name] will also implement adaptive management to learn from the implementation of mitigation measures, monitoring and evaluation against trigger and threshold criteria, to more effectively meet the condition environmental outcome. The following approach will be followed:
4. Adaptive management and review of CEMP
• Its all about learning – list the items the company will review that could require changes to EMP - eg– evaluation of monitoring eg against predicted impacts from
modelling;– Revise monitoring as necessary because of learning– How assumptions tested and uncertainties reduced;– Success of any trigger and threshold actions;– Revise any triggers but NOT threshold– Revise any trigger and threshold actions– Impact of unanticipated changes– Whether EMP needs to be reviewed.
5. Stakeholder consultation
• Consistent with the EPA’s expectations for this CEMP to align with the principles of EIA, [Company name] consulted with stakeholders while developing this CEMP. This section provides a summary of consultation that occurred. The comments raised during consultations with stakeholders were considered in the development of the CEMP. The following sections present stakeholders’ comments and [Example Company’s] responses to those comments.
Case study 2: Environmental management-based – impact on
regional significant vegetation
Proposal
• Export Infrastructure Project comprising a bulk materials off-loading facility, stockyard and an infrastructure corridor to transport iron ore
• Infrastructure has been designed and located so as to avoid regionally significant XY vegetation community.
• The EPA’s environmental management objective - ‘the proposal is carried out in a manner that minimises impacts to the regionally significant XY vegetation community as far as practicable.’
• The EPA concluded a Condition EMP required
CEMP ToC
1. Summary2. Context and scope
a. The Proposalb. Environmental factor(s) & objective(s)c. Conditions and sections covered in documentd. Rationale & approach of condition EMP
i. Results of baseline studies/modelling etcii. Key assumptions/uncertaintiesiii. Overall management approachiv. Rationale for management actionsv. Rationale for management targets
Table of Contents of CEMP
3. Condition EMP provisionsa. Condition objectiveb. Risk based management actions to be
implementedc. Management targetsd. Monitoringe. Review and revision of management actions f. Reporting provisions - Monitoring Data and
Review of the EMP
Table of Contents of CEMP
4. Adaptive management5. Stakeholder consultation6. Supporting Technical Information
NOTE: only the key information is provided rather than the full CEMP
Management actions to be implemented
• Risk based management actions– Identify risks to EPA’s objective– Mitigate the higher risks through management
actions
1. Summary
• This Condition Environmental Management Plan (CEMP) is submitted in accordance with Ministerial Statement No.X Conditions 10.1 and 10.2 for ____ Project by Company ___ Ltd.
• The table below presents the environmental criteria to measure achievement of the condition environmental outcome that must be met through implementation of this Condition EMP.
3.2 Management Actions to be Implemented
• Proposal activities/aspects which may cause environmental impact to XY vegetation community have been evaluated through a risk analysis. Risk-based management actions with a priority of ‘very high’ and ‘high’ are set out in Table X.
3.3 Environmental criteria – management targets
• A management target will be employed to measure the efficacy of the management actions and report on relative to the condition environmental objective.
• [Figure x.x – Final lay-out of road and rail infrastructure relative to XY vegetation community.]
• The management target in Table Y will measure the efficacy of the management actions implemented relative to the condition environmental objective.
2.4 Monitoring• The purpose of monitoring is to inform, through the management target, if
management actions are effective relative to the condition environmental objective. This section describes how Company AB Ltd will undertake monitoring to determine whether the management target and the condition environmental objective are achieved (Table Z).
• Data collected on all parameters through monitoring as indicated in Table Z, will be recorded in the Export Infrastructure Proposal - Environmental Management Database. Data will be retained in this database for the life of the proposal and at least seven years following implementation of the Mine Closure Plan.
• Data will be analysed to produce monthly management reports that will include an analysis of trends over the life-of-project, graphs and a section on exceedances/non-compliances. All monthly management reports will be available on request for verification of implementation. Monitoring data and monthly management reports will be employed to report against the management target (Table Y).
3.5 review and revision of management actions
• In the event that any one of the management targets and the environmental management objective are not achieved, Company AB Ltd will implement the following procedure:– Investigate and identify the likely cause of exceedance of the
management target or impacts on XY vegetation community;– In the event that the cause of an impact to XY vegetation
community relates to proposal activities/aspects not identified in Table X, the risk assessment will be reviewed and revised risk-based priorities and management actions will be provided (revision of Tables X and Y);
Comparing the two ToCOutcome based
1. Summary2. Context and scope
a. The Proposalb. Environmental factor(s) &
objective(s)c. Conditions and sections covered in
documentd. Rationale & approach of condition
EMPi. Results of baseline
studies/modelling etcii. Key assumptions/uncertaintiesiii. Overall management approachiv. Rationale for env criteriav. Rationale for choice of actions
Management Action
1. Summary2. Context and scope
a. The Proposalb. Environmental factor(s) &
objective(s)c. Conditions and sections covered in
documentd. Rationale & approach of condition
EMPi. Results of baseline
studies/modelling etcii. Key assumptions/uncertaintiesiii. Overall management approachiv. Rationale for management actionsv. Rationale for management targets
Comparing the two ToCOutcome based
3. Condition EMP provisionsa. Condition outcomeb. Environmental criteria –
triggers & thresholdsc. Monitoringd. Implementation of Trigger
Level Management Actionse. Implementation of
Contingency Actionsf. Reporting - Monitoring Data
and exceedances
Management Action
3. Condition EMP provisionsa. Condition objectiveb. Risk based management
actions to be implementedc. Management targetsd. Monitoringe. Review and revision of
management actions f. Reporting provisions -
Monitoring Data and Review of the EMP
Comparing the two ToCOutcome based Management Action
4. Adaptive management - process for review of the EMP
5. Stakeholder consultation
6. Supporting Technical Information
4. Adaptive management - process for review of the EMP
5. Stakeholder consultation
6. Supporting Technical Information
Proposal
• Open cut mine• Within footprint but not to be physically disturbed, a
wetland which is known habitat of vulnerable waterbird
• Little know about the wetland, the colony of waterbirds and it nesting habitat in nearby gorges.
• Potential indirect impacts from noise and vibration • 75 m non-disturbance buffer • EPA objective - To ensure that impacts on the
vulnerable waterbird are minimised
Condition 8 - Terrestrial Fauna – vulnerable waterbird
• Condition environmental objective• 8-1 The proponent shall ensure that the
proposal is implemented in a manner that maintains the wetland and colony of the vulnerable waterbird
Condition 8 - Terrestrial Fauna – vulnerable waterbird
• 8-4 Prior to ground-disturbing activities within the Mine/Plant Area Development Envelope, the proponent shall prepare and submit a vulnerable waterbird Management Plan to the requirements of the CEO, on advice from the Department of Parks and Wildlife.
• 8-5 The objectives of the vulnerable waterbird Management Plan required by condition 7-4 are to:– (1) ensure that the vulnerable waterbird colony continues to
use the important nesting locations of the nearby Gorges; and– (2) ensure that the population of the vulnerable waterbird
colony remains in the wetland.
Condition 8
• 8-6 The vulnerable Waterbird Management Plan shall include:– (1) a baseline survey to determine the population size of the
vulnerable waterbird colony within wetland– (2) determine the baseline vulnerable waterbird movement and
nesting activity between the wetland and the nearby gorges;– (3) protocols and procedures to monitor the vulnerable
waterbird movement and nesting activity between wetland and the the nearby gorges before and during the development of Pit;
– (4) protocols and procedures to monitor vulnerable waterbird behaviour as the proposal's activities move to within 250 metres of the wetland Exclusion Zone required by condition 6-1 during the development of Pit;
Condition 8
• 8-6 The vulnerable Waterbird Management Plan shall include:– (6) criteria to trigger implementation of
management or contingency measures to prevent disturbance to the vulnerable Waterbird colony within the wetland during drilling and blasting required for the development of Pit.
– (7) management and or contingency measures to be implemented in the event that the trigger criteria required by condition 8-6(6) have been reached.
Condition 8
• 8-8 In the event that monitoring carried out under the vulnerable Waterbird Management Plan required by conditions 8-4 indicates trigger criteria required by condition 8-6 have been reached the proponent shall:– (1) investigate to determine the likely cause(s) of the
criteria required by condition 8-6 being exceeded; and– (2) provide a report that describes the investigation
required by condition 8.8(1) to the CEO within 21 days of identification that criteria required by condition 8-6 has been exceeded.
