MSAENV272B Participate in
environmentally sustainable work
practices
Neale Farmer – Coordinator Major
Environmental Initiatives – Hunter TAFE
neale.farmer1@tafe.nsw.edu.au
Session 1: Mon 24 Feb:
Session 2: Mon 5 May:
Session 3: Mon 2 June:
Introduction
Legislation
Improving
Recap on last session (24 Feb)
- Overview of unit
- What is Sustainability?
- Exercise on resources, hazards, and performance
improvements
What sustainability improvements have you made since session 1?
Description
………effectively measure current resource use and carry out improvements
………… including those reducing negative environmental impacts of work
practices.
Application (* place based) – Contextualised!!!
……… applies to operators/team members who are required to follow
procedures so as to work in an environmentally sustainable manner.
This ensures regulatory compliance and also aims at minimising
environmental risks and maximises the environmental performance of the
process and the organisation.
It includes:



Resources used
Potential environmental hazards
Improving environmental performance (within scope of competency and
authority).
Hunter TAFE Operations
Google: Hunter TAFE
http://www.hunter.tafensw.edu.au/About-Us/Pages/Community-and-Industry-Report.aspx
Preparation for Session 2
Monday 5 May - Legislation
• Visit the NSW Department of Environment
and Heritage Website for an overview of
relevant environmental legislation:
• Download the 2013 Hunter TAFE Strategic
Plan to read the Institute’s objectives and
targets related to environmental sustainability
• View the Session 2 PowerPoint Slides from the
Kurri Kurri Campus environmental training
Copy of Environmental
Compliance Training for
Kurri Campus
Thursday 17 November 2011
neale.farmer1@tafe.nsw.edu.au
karinda.stone@tafe.nsw.edu.au
Ext: 53916
Ext: 53174
Overview
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•
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What?
Why?
Who?
How?
When?
Where?
Preventing pollution, Protecting
Biodiversity, Conserving Resources.
Cooks River Fishkill,
December 2008
http://newslocal.whereiliv
e.com.au/news/story/fish
-kill-scare/
Dieback infested
Banksia woodland
Photo: Lorraine
Duffy
swccnrm.org.au
– Protection of the Environment Operations Act
1997
– Pesticides Act 1999
– National Parks and Wildlife Act 1974
– Native Vegetation Act 2003
– Threatened Species Conservation Act 1995
– Radiation Control Act 1990
– Environmental Planning and Assessment Act 1979
– Marine Parks Act 1997
– Environmentally Hazardous Chemicals Act 1985
– Contaminated Land Management Act 1997
– Water Management Act 2000
– Local Government Act 1993
– National Greenhouse and Energy Reporting Act
2007
– Environment Protection and Biodiversity
Conservation Act 1999
ACTIVITY 1 Environmental Pollution:
What is environmental pollution?
Why are we talking about it?
Who’s liable, Who’s responsible?
Protection of the Environment
Operations (POEO) Act 1997
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Air
Noise
Water
Land
Waste
Enforcement (Appropriate Regulatory
Authority)
Environment
Protection
Authority
State and local government
organisations including
contractors
+
All premises and activities listed
on Schedule 1 POEO Act
Local Council
Everyone else:
Including most smallmedium sized businesses
and residential premises
Enforcement
Environment
Protection
Authority
Licences
+
Notices
+
Fines and prosecutions
Local Council
Notices
+
Fines and prosecutions
Notices
Clean Up
Administrative fee for
issue $320
Monitoring and
enforcement costs can
be charged
Prevention
Fines for failure to
comply = $750 for
individuals, $1500 for
corporations (or
prosecution)
http://www.edo.org.au/edonsw/site/factsh/fs04_1.php
Offences
• Tier 3 (on the spot fines issues for minor Tier 2
offences)
• Tier 2 – strict liability
• Tier 1 – willful or negligent
Tier 2 Offences
Maximum penalties:
Individuals = $250,000 (plus $60,000 a
day for continuing offences)
Corporations = $1million (plus $120,000
per day for continuing offences)
Water
Land
Air
Waste
Noise
Water Pollution
120 Prohibition of pollution of waters
(1) A person who pollutes any waters is
guilty of an offence.
(2) In this section: pollute waters
includes cause or permit any waters
to be polluted.
Which is water pollution?
Water Pollution
It is not just dangerous chemicals that
cause water pollution
Even seemingly “safe” substances such
as foods, drinks, biodegradable
detergents, organic fertilisers can harm
the environment
Tier 1 Offences
• s115 – Disposal of waste to harm the
environment
• s116 – Leaks, spillages and other escapes
• s117 – Emission of ozone depleting substances
Willful
Negligent
Tier 1 Offences
Maximum penalties
Individual
Corporation
Negligent
$500,000 +/or
4 years gaol
$2 million
Wilful
$1million +/or
7 years gaol
$5 million
Tier 1 Defence
• The offence was due to causes over which the
person had no control
• The person took reasonable precautions and
exercised due diligence to prevent the
offence.
Duty to notify
Notify the appropriate regulatory
authority of any pollution incidents
causing or threatening material
harm to the environment
Duty to notify
Material harm =
1) actual or potential harm that is not trivial
OR
2) Actual or potential loss or property
damage amounting to $10,000
Including on your own premises
Duty to notify
If in doubt call the Office of
Environment and Heritage (EPA)
24 hour Pollution Line
131555
Recent Changes
• Pollution incidents to be immediately reported,
not notified ‘as soon as practicable’;
• Establishing the Environmental Protection
Authority as an independent, statutory
authority headed by a Chief Environmental
Regulator.
• Double to $2 million the maximum penalty for
failing to report an incident immediately;
• Clarify the EPA’s powers to conduct mandatory
environmental audits.
Court decisions
• the extent of the harm caused or likely to
be caused to the environment
• the practical measures that could have
been taken to prevent, control, abate or
mitigate that harm
• the extent to which the person who
committed the offence could reasonably
have foreseen the harm caused or likely to
be caused to the environment
Court decisions
• the extent to which the person who
committed the offence had control
over the causes that gave rise to the
offence
• whether, in committing the offence,
the person was complying with orders
from an employer or supervising
employee.
Demonstrate due diligence
ACTIVITY 2:
What is due diligence?
How do WE demonstrate due
diligence on this site?
How can YOU show due
diligence?
Environmental
improvement
plan
Site
audits
Waste disposal
receipts
Staff training
records
Due diligence
Records of regular
inspections and
maintenance
Environmental
Management System
Site risk
assessment
Pollution control
equipment and
structures
Environmental Legal Compliance
In NSW….
• Individuals as well as organisations at risk
• Fines are very high and gaol terms apply
• Local councils are also regulators
• Regulators have significant powers
• Compliance is outcomes based, not prescribed
• Good environmental management required to
demonstrate due diligence.
Pesticides Act 1995
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•
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...and Pesticides Regulation 2009
Requirements for record keeping
Requirements for training
Notification requirements for public
authorities
• A number of offences see EDO website
http://www.edo.org.au/edonsw/site/factsh/fs04_4.php
• Pesticide Use Notification Plan (on web)
NSW Threatened Species Laws
• The Threatened Species Conservation
Act 1995:
Definitions, listings, declarations, recovery plans, threat abatement
plans, licencing, biodiversity certification and biobanking;
• The National Parks and Wildlife Act
1974:
Additional licencing provisions, provisions for criminal offences;
• The Environmental Planning and
Assessment Act 1979
Imposes obligations on developers and consent authorities to assess
and consider the impacts of development on threatened species
All have provision for permits/licences etc.
Threatened Species
• Presumed extinct
• Not recorded in its known or expected habitat
within its lifecycle 5
• Critically endangered
• Facing an extremely high risk of extinction in NSW
in the immediate future 6
• Endangered
• Facing a very high risk of extinction in the near
future 7
• Vulnerable
• Facing a high risk of extinction in the medium-term
future 8
Species
Populations
Communities
Ecological Communities:
• Critically endangered
• Facing an extremely high risk of extinction
in the immediate future 13
• Endangered ecological community
• Facing a very high risk of extinction in the
near future, 14 or
• Vulnerable ecological community
• Facing a high risk of extinction in the
medium-term. 15
Species
Populations
Communities
Endangered Ecological Community
Kurri Sand Swamp Woodland in the Sydney Basin Bioregion
Image: Stephen Bell Source: DECCW website
Kurri Sand Swamp Woodland
Spotted Gum Ironbark Community
Threats (or risks)
The remaining KSSW remnants are threatened
by habitat degradation. Some of the main
causes of habitat degradation for KSSW
include:
• Inappropriate fire regimes, particularly
frequent fire;
• Physical damage and/or erosion from trail
bike riding, vehicles, and rubbish dumping;
• Changes to drainage conditions and
nutrient levels due to clearing of adjacent
lands, mowing, slashing and grazing; and
• Localised weed invasion.
Tools to Protect Threatened Species
and Endangered Communities
Statutory:
• Threatened Species Recovery Plans. Kurri
Sand Swamp Woodland (April 2008)
Non-Statutory:
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Kurri Environmental Management Plan
Site Planning
Policy and procedures
Training and Inductions
Induction and
training
records
Site Planning
Site
audits
Due diligence
Records of regular
inspections and
maintenance
Environmental
Management System
Site risk
assessment
Maintenance
procedures / SOP’s
?
Other Legislation?
Further Information…
• Kurri Environmental Management Plan
• NSW Environmental Defenders Office:
www.edo.org.au/edonsw
• OEH: http://www.environment.nsw.gov.au/
• neale.farmer1@tafe.nsw.edu.au Ext: 53916
• karinda.stone@tafe.nsw.edu.au Ext: 53174
Recap – Session 2
• Hunter TAFE Operations
• Regulatory Compliance – Due Diligence
• Incident Response
Resources
• http://www.environment.nsw.gov.au/legislati
on/
• http://www.edonsw.org.au/
Questions?
Next Session (Session 3 - 2 June): Making Improvements
Tasks between now and 2 June:
- Environmental Compliance
- Identify Sustainability Improvements (measure baseline, set target, measure success)