Procedures under Environment Effects Act 1978 Fingerboards Mineral Sands Project EES Community Consultation Meeting 14 June 2017 Margo Kozicki, DELWP
Objectives and Principles Objectives and principles in the Ministerial Guidelines • General objective for the assessment process: “ To provide for the transparent, integrated and timely assessment of the environmental effects of projects capable of having a significant effect on the environment. • Guideline principles incorporate : – Considering implications for ecologically sustainable development – A systems-based approach to identifying/managing potential effects – A risk-based approach to the extent of assessment needed – An integrated perspective of the different effects 2
FMS project assessment and approval pathway • EES is a rigorous and integrated assessment process to provide authoritative advice to statutory decision-makers on environment effects and their acceptability • EES describes and assesses the proposed project, alternative designs and approaches to mitigation of effects • EES should enable clear understanding of how the project is proposed to be implemented and its effects • An EES documentation has three components: – EES summary brochure – EES main report – Appendices - Technical reports that inform the EES main report 3
FMS project assessment and approval pathway • Approval decisions on hold until the Minister’s Assessment made and considered by decision-makers • Key Victorian statutory decisions for FMS project: – A Work Plan and Mining Licence under the Mineral Resources (Sustainable Development) Act 1990 prior to commencement of works – An approved CHMP under the Aboriginal Heritage Act 2006 – Other approvals and consents including: a licence to extract and use groundwater and/or surface water under the Water Act 1989; authorisation to take native flora and fauna under the P&E Act/Wildlife Act 1975 and radiation management and generation licence under the Radiation Act 2005. 4
EES process 1. Referral/Determining • Minister’s decision – EES process requirements set the need for an EES • Draft scoping requirements for public comment 2. Scoping of EES • Final scoping requirements (studies & documentation) • EES Consultation by proponent • EES studies 3. Preparing an EES • EES Quality assurance • Exhibition of EES for public comment 4. Public Review • Inquiry established • Submissions considered • Preparation of Inquiry report 5. Making an • Final Assessment and advice to decision-makers Assessment 5
Step Step 1: Referral/Determination 1. 2. . 3. 4. 5. • Projects can be referred by proponents, statutory decision makers or any Minister or body responsible for public works • Referral criteria specified in guidelines include: – Individual criteria (e.g clearing 10 ha or more of native vegetation of very high conservation significance) – Combination of other criteria (eg major effects on landscape values of regional importance in combination with major effects on Aboriginal cultural heritage) • Three Ministerial responses are possible: – an EES is required – an EES is not required – an EES is not required if conditions specified by the Minister are met 6
EES decision for Fingerboards Mineral Sands Project • Minister for Planning decided on 18 December 2016 that EES is required • Particular attention to be given in EES to effects on: – Biodiversity and ecological values, including native vegetation, listed ecological communities and species of flora and fauna – Surface water environments, including downstream wetlands, and and groundwater resources (hydrology, quality, use and dependent ecosystems) – Land uses and landscape values, including implications for agricultural productivity and the Mitchell River National Park – land stability, erosion and soil productivity associated with the construction and operation of the project, including rehabilitation works – Aboriginal and non-Aboriginal cultural heritage values – Air quality and noise on nearby sensitive receptors from construction and operation – Positive and adverse socio-economic effects at local and regional scales, and – Solid and liquid waste that might be generated by the project during construction and operation. 7
Commonwealth assessment and approval • The project is likely to be a ‘controlled action’ under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that would require Cwth assessment and approval • Awaiting a decision on the EPBC Act controlling provisions that will apply to the project • EES process would apply as an accredited assessment process under the Bilateral Agreement between the State and Commonwealth governments and will examine matters of national significance (single assessment process) • Minister’s Assessment under the EE Act will be provided to the Commonwealth Minister to inform the EPBC approval decision 8
Step Step 2: Scoping 1. 2. . 3. 4. 5. • Ministerial Guidelines provide generic guidance • Proponent to provide draft study program to the Minister; Minister will consider this information with advice from agencies and authorities • Draft scoping requirements (incl. matters to be addressed under the EPBC Act) released for public comment for 15 business days • Minister to issue final scoping requirements - Scoping Requirements set out environmental effects and related matters to be investigated and documented in EES - Risk based approach so that level of investigation and effort corresponds with environmental risk 9
Step Step 3: Preparing the EES 1. 2. . 3. 4. 5. • EES to address effects on physical and ecological systems, human communities and land use as specified in scoping requirements, (including indirect and cumulative effects) • Technical Reference Group has been convened to provide advice on studies and adequacy of EES documentation • Minister may direct peer review or supplementary information 10
Step Step 3: Preparing the EES - Consultation 1. 2. . 3. 4. 5. • Proponent responsible for informing the public and consulting with stakeholders regarding EES studies • Proponent required to develop and implement EES Consultation Plan: – Plan sets outs intended approach to inform and consult different groups/ stakeholders/ community – Plan placed on DELWP website and the proponent’s project website 11
Step Step 4: Public Review 1. 2. . 3. 4. 5. • Form of inquiry to match the scope of issues - options for the form of inquiry are: – by written submissions - desktop – by submitter conference – allows clarification of written submissions and some face to face interaction – by formal hearing – allows further submissions and evidence • Usually joint exhibition of the EES (and possibly other statutory documentation) for 30 business days. • Public submissions received (anyone can make submission on the EES) • Inquiry to be appointed to consider EES, environmental effects and written submissions: – terms of reference to be issued by Minister – opportunity for submitters to speak to their submissions – Inquiry Report to Minister • Minister may call for further information following an EES or require a Supplementary Statement before an Assessment is made 12
Step Step 5: Making an Assessment 1. 2. . 3. 4. 5. • Minister’s Assessment prepared and issued to decision-makers • Minister advises decision-makers whether likely environmental effects are acceptable • Minister may recommend project modifications or environmental management measures needed to address environmental risks • Minister provides a response to inquiry recommendations 13
EES process – roles and responsibilities • Minister for Planning - Determines need for an EES - Issues final scoping requirements - Makes assessment on environmental effects of the proposed project • The proponent’s (Kalbar) - Prepare the EES, including completion of adequate technical studies - Stakeholder consultation • DELWP Manage the EE process on behalf of the Minister for Planning - - Provide advice to the proponent - Coordinate TRG function and advice • TRG - Provide authoritative advice to DELWP and the proponent on scoping requirements and adequacy of technical studies Provide advice on the proponent’s Consultation Plan - 14
Thank you 15
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