South Australia’s Environment Protection Authority

Environment Protection (Water Quality) Policy 2015

Pre-commencement Information: key clauses

Clive Jenkins and Steven Mudge

For enquiries, please contact Clive Jenkins clive.jenkins@sa.gov.au

For reference, the Policy can de downloaded here

Please note: The information provided should be treated as a guide only, and is not a substitute for independent legal and financial advice in relation to all of the information contained herein.

Policy clauses that need most explanation

• Clause 9 (general environmental duty), linking to- clause 4 (waste management hierarchy)- clause 5 (environmental harm)- clause 6 (environmental values)

• Clause 12 (discharge limits)

• Apply the Waste Management Hierarchy

• Follow EPA Guidelines and Codes

• Protect environmental values by reference to National Water Quality Guidelines

Ecosystems and primary Industry(Avoid trigger values in a discharge)

Recreation

Drinking water

• Promote and encourage changes which achieve improved environmental outcomes.• Risk-based regulatory decision making to investigate environmental harm and/or seek compliance

by issuing an Environment Protection Order or by application of other regulation options and tools.

• Failure to comply with the duty indicates that environmental harm may be occurring (clause 5 in the WQEPP 2015)

• Failure to comply with the duty does not constitute an offence (Section 25(4) of the Act), although…

Your responsibilities

EPA responsibilities

Implications if you fail to comply

Clause 9: General Environmental Duty

Clause 9: General Environmental Duty

Is there actual or potential for environmental harm? Refer to clause 5

Yes…• The EPA may apply its system for managing

non-compliance and consider regulation options and tools.

• The EPA may require those responsible for environmental harm to identify and implement additional measures to prevent/minimise harm.

No…Maintain surveillance

Risk-based regulatory approach

Back

Clause 12: Discharge Limits

• Specific activities within specific geographic boundaries

• Thresholds that must not be exceeded

• Provide regulatory certainty within reasonable and practicable limitations

• They need to be:

(i) Specific, measureable, achievable, relevant and time-bound

(ii) A challenge, stretch, reach, not easy

(iii) Consulted and negotiated - clause 22

• Subject to regular review to achieve improvements over time if there is environmental harm

• Discharge limits can also be developed as licence conditions. They would operate in much the same way (but site specific and subject to normal licence condition arrangements)

• The EPA is currently exploring the procedures that would allow discharge limits to be set and operate

• On the EPA website (coming soon):

- FAQ

- General environmental duty (information sheet)

- General environmental duty (detailed guideline)

• Targeted group information sessions can be arranged

• 2003 policy exemptions: some will be cancelled, others will be retained. Exemption holders will be notified soon.

• For enquiries, please contact Clive Jenkins clive.jenkins@sa.gov.au

Further information