Policy ENVIRONMENTAL ASSESSMENT POLICY Prepared by: Name: Georgia Derham Position: Assistant Director, DERP Date: 21 May 2012 Contact Details: Approved by: Name: Vicki Pearce Position: Program Manager Date: Document Control: Issued: Version 3.0 6 Dec 2012 1 Environmental Impact Assessment Policy For Contamination Management And Environmental Remediation Work 1. Introduction This policy is based on the requirement to: clarify the environmental assessment process for contamination projects and ensure it is consistent with Environment and Engineering (EE) Branch Policy on environmental impact assessment; ensure any risks of impacts on the environment or heritage are identified and appropriately managed. 2. Purpose There are two key aspects of environmental assessment for contamination projects: a) Risks the contamination poses to human health and the environment in its current unmanaged state; b) Potential impacts associated with undertaking contamination management activities, including stage 2 intrusive sampling and stage 3 remediation planning and design and the stage 4 environmental remediation works. The requirement under the Statement of Requirement (SOR) issued to consultants for contamination projects focuses on meeting the requirements of the National Environmental Protection (Assessment of Site Contamination) Measure 1999. There is also a requirement that potential impacts on matters identified under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) be considered. This includes considering matters of National Environmental Significance (NES) and impacts on the environment in general under sections 26 and 28 of the EPBC Act. Consideration of impacts under these sections should take into account the EPBC Act Policy Statement 1.2 Significant Impact Guidelines “Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies”. Responsibilities for the protection of heritage are described under sections 324 and 341 of the EPBC Act, particularly for buildings and indigenous cultural matters. The environmental assessment process for conducting contamination projects where the activity of intrusive sampling or decontamination works may have an impact on the environment is set out in this policy and includes the processes set out in the EE Branch’s Environmental Assessment Policy. It involves conducting Initial Environmental Reviews, developing Environmental Management Plans and preparing Environmental Assessment Reports to ensure appropriate consideration of environmental impacts where necessary. An Initial Environmental Review (IER) is a desktop study of existing environmental studies and literature and broad environmental assessment of the potential impacts associated with the action (An IER template is attached). An Environmental Management Plan (EMP) is a plan that covers management of all aspects associated with the project, including associated equipment, construction, maintenance and rehabilitation of facilities and disposal of materials. An Environmental Assessment Report (EAR) is an evaluation of the relative risks and opportunities associated with undertaking a particular project and may include recommendations for an ‘approval in principle’. Document Control: Issued: Version 3.0 6 Dec 2012 2 3. Roles and Responsibilities The roles and responsibilities for the different environmental assessment processes are listed below. Initial Environmental Review – consultant engaged to conduct the project to prepare Environmental Assessment Report – EE Branch (Defence Project Manager (PM)) Environmental Clearance Certificate – Regional Environmental Officer (REO) Environmental Impact Assessment – consultant to prepare, the Directorate of Environmental Protection and Approvals to submit to Commonwealth Environment Agency as a referral under the EPBC Act 4. Environmental Assessment Process The level of environmental assessment required for contamination projects will depend upon the stage of work being conducted, and activities being undertaken for the contaminated site. The process for the four stages of contamination work, are detailed below and represented also in flow diagram. Stage 1 Desktop Review There is no requirement for an IER or ECC for desktop reviews undertaken by consultants. The final report will consider the potential environmental issues, particularly where significant impacts might arise from the identified contaminant risks. Stage 2 Intrusive Sampling and Analysis Investigations At the same time as preparing the Sampling and Analysis Plan (SAP), an Environmental Management Plan and Workplace, Health and Safety (WHS) Plan must be prepared by the Lead Consultant for the investigations proposed. These documents must be cleared by the Defence Project Manager and REO. The additional requirement for an IER will be determined on a case by case basis by the Defence Project Manager, considering the nature of the intrusive work required to conduct the stage 2 investigations. If an IER is developed, the PM will prepare an EAR following receipt of the IER to determine if a referral under the EPBC Act is required. An Environmental Clearance Certificate must be prepared for the stage 2 intrusive works and must be completed by the REO prior to the commencement of the environmental works. The stage 2 report will consider the potential impacts associated with the contamination risks under the EPBC Act. Stage 3 Remediation Action Planning The stage 3 remediation planning works involve the following components: developing a Remediation Action Plan (RAP) and associated design documents, conducting a cost benefit Document Control: Issued: Version 3.0 6 Dec 2012 3 analysis of the works, preparing an EMP for the remediation works and preparing and IER for the proposed environmental remediation works. An IER must be prepared by the Lead Consultant to consider the potential impacts associated with the proposed environmental remediation works. This can not be finalised until the RAP and associated management documentation for the activity, including the EMP and WHS Plan, are developed and the scope of the work is known. In accordance with EE Branch’s environment assessment policy, following completion of the IER, the PM will complete an EAR that will consider the level of approval required for the proposed activity considering the IER. This will include determining whether internal approval through an ECC is sufficient, or whether further assessment of impacts through a more detailed EIA is required, before deciding whether external approval under the EPBC Act may be required. Stage 4 Environmental Remediation Works An ECC must be prepared for the works (regardless of the level of environmental assessment) and must be agreed by the REO prior to the commencement of the environmental remediation works. This will incorporate measures identified in the EMP to ensure the protection of the environment during the works. The close out report submitted by the consultant discusses the results of the stage 4 environmental works and should consider the likelihood of any residual impacts on the environment and obligations under the EPBC Act. Document Control: Issued: Version 3.0 6 Dec 2012 4