Procedures under Environment Effects Act 1978 Fingerboards Mineral - - PowerPoint PPT Presentation

Procedures under Environment Effects Act 1978 Fingerboards Mineral Sands Project EES Community Consultation Meeting 14 June 2017

Margo Kozicki, DELWP

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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

Objectives and Principles

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• 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

FMS project assessment and approval pathway

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• 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.

FMS project assessment and approval pathway

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EES process

• Minister’s decision – EES process requirements set
• Draft scoping requirements for public comment
• Final scoping requirements (studies & documentation)
• EES Consultation by proponent
• EES studies
• EES Quality assurance
• Exhibition of EES for public comment
• Inquiry established
• Submissions considered
• Preparation of Inquiry report
• Final Assessment and advice to decision-makers
• 2. Scoping of EES
• 3. Preparing an EES
• 4. Public Review
• 5. Making an

Assessment

• 1. Referral/Determining

the need for an EES

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• Projects can be referred by proponents, statutory decision makers
• r 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

Step 1: Referral/Determination

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4. 5.

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• 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

• f 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

• peration.

EES decision for Fingerboards Mineral Sands Project

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• 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

Commonwealth assessment and approval

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• 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

Step 2: Scoping

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• 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

Step 3: Preparing the EES

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4. 5.

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• 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

Step 3: Preparing the EES - Consultation

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• 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 –

• pportunity 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

Step 4: Public Review

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• 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

Step 5: Making an Assessment

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4. 5.

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• 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

EES process – roles and responsibilities

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Thank you