Review of the Environment Protection (Water Quality) Policy 2003 - - PowerPoint PPT Presentation

South Australia’s Environment Protection Authority

Review of the Environment Protection (Water Quality) Policy 2003

Format of today’s meeting

• General introduction to the process of amending the

Environment Protection (Water Quality) Policy 2003

• Presentation of the key changes to the policy and drivers for

change

• Presentation on the proposed use of national water quality

guidelines within the revised policy

• Clause by clause summary and Q&A with participants
• General Q&A with participants
• Close of formal presentation and move to opportunity for one on
• ne discussions and questions with EPA staff

Required process for change – Section 28 of the EP Act

• consult with the Minister general purpose and effect of the

proposed policy; and

• advertise giving notice of intention to prepare the draft Policy

and describing its general purpose

• prepare a draft policy and a report explaining the purpose &

effect of the changes & background issues & reasoning why the changes are proposed

• send report & draft changes to prescribed bodies and other

relevant public authorities and then …

Required process for change – Section 28 of the EP Act (cont…)

• advertise generally indicating where the report and draft

changes are available & invite submissions (at least 2 months)

• hold at least one public information session
• prepare a response to the submissions (all are public)
• report to the Minister
• the Minister may approve the changes & then policy is gazetted

by the Governor

Major changes to the Policy – Protective water quality criteria and a general duty

The current EPP

• Mandatory criteria with no consideration of risk.
• Due to mandatory nature current criteria generally reflect a

‘lowest common denominator’ approach and are not always protective of the environment.

• Exemptions are issued:

– where exceedences do not cause harm (eg naturally high background levels); or – where an activity is already occurring and general defence provisions under Part 15 of the EP Act are being met (where a person or body corporate has taken all reasonable and practicable measures to prevent the contravention).

Major changes to the Policy – Protective water quality criteria and a general duty (cont…)

The draft revised EPP

• Criteria tightened to be protective of the environment and

transparently linked to national guidelines.

– Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000 – Guidelines for Managing Risks in Recreational Water 2008 – Australian Drinking Water Guidelines 2004

• Applied as a general duty aligned to section 25 (General duty)

and consistent with section 124 (General defence) of the EP Act.

• Enforceable via an Environment Protection Order or through

licence management (for licensed sites).

• Aligns with other States of Australia in accordance with COAG’s

National Partnership Agreement to Deliver a Seamless National Economy.

Major changes to the Policy – Protective water quality criteria and a general duty (cont…)

• Risk-based approach to compliance

with strict water quality criteria

• Supported by other mechanisms in

the Act that operate in addition to clause (eg Licensing requirements, Environmental Nuisance, Environmental Harm etc.).

• This is not a stand alone measure.

Assessment of ambient monitoring data against national guidelines (Clause 5 and Clause 9)

Criteria met Yes Low risk No Pot ential risk to t he ecosystem

Risk-Based Investigation Decision Making and Risk Management

(Reasonable and Practicable) Adapted from Victorian EPA

Assessment of ambient monitoring data against national guidelines (Clause 5 and Clause 9)

Criteria met Yes Low risk No Pot ential risk to t he ecosystem

Risk-Based Investigation Decision Making and Risk Management

(Reasonable and Practicable) Adapted from Victorian EPA

Major changes to the Policy – Salt Interception Schemes (SIS)

• Exclusion of SIS water within a pipe but will continue to apply the

policy to its final discharge into an evaporation basin.

• SA Water manage all SIS schemes in South Australia.
• Reasoning behind this amendment is to accommodate use of

this water by aquaculture businesses.

• Businesses may then seek to dispose of water back into SIS

pipe with some amount of nutrients incorporated.

• Management of end of pipe concentrations will be a

consideration of SA Water when contemplating sale of SIS water.

Major changes to the Policy – Catchment Management Infrastructure.

• Broaden definition of “public stormwater system” to ensure

catchment management infrastructure is incorporated

• This includes detention basins and artificial wetlands
• Amendment will ensure that discharges from public catchment

management infrastructure are excluded from the policy

• Enables further clarification of what is considered a discharge to

waters under the policy

Major changes to the Policy – Repeal of Clauses 14 and 15

• Clauses 14 and 15 become largely unnecessary with the move

from mandatory water quality criteria to a general duty to meet water quality criteria

• Mixing zones and attenuation zones may still be a relevant

licence condition or a requirement of an Environment Protection Order.

• The difference is that the specific parameters for such a zone

can be determined on a case by case basis, again with a focus

• n preventing harm rather than achieving prescribed criteria.

Major changes to the Policy – Wastewater storage lagoons

• Broadening the term to include sedimentation basins, managed

wetlands and tailings dams

• Removal of most mandatory elements, replaced by reference to

a code of practice to be enforced by Environment Protection Orders or within licence conditions.

• Linking to harm rather than inflexible standard requirements
• Mandatory provision remains regarding prevention of overflows

Major changes to the Policy – Anti-foulants

• Clause amended to prohibit the use of Tributyltin (TBT) on the

hulls of vessels or other surfaces and applies a Category A

• ffence.
• Brings State legislation in line with current National legislation
• Proposal to exclude anti-foulant use by the holder of an

aquaculture licence holder in compliance with the Aquaculture regulations.

Major changes to the Policy – Scheduled Pollutants

• Pollutants listed under Part 1 and 2 of Schedule 4, now referred

to as Class 1 and 2 pollutants

• More specific referencing of wastes by listing specific types of

waste

• Additional pollutants added to the list
• Clarifications to the existing list
• Clauses 9 and 10 of revised policy that refer to these pollutants,
• perate in the same way as the current policy (Clauses 17 & 19)

Major changes to the Policy – Other amendments

• Revision of the structure has taken place to improve ease of use

and interpretation – 44 to 22 clauses but provides the same coverage

• Changes to various definitions
• Additions of relevant definitions

Review of the Environment Protection (Water Quality) Policy 2003

Clause by clause Q & A

Please refer to the draft policy attached to the explanatory report

Review of the Environment Protection (Water Quality) Policy 2003 General Q & A on the review of the Policy

Review of the Environment Protection (Water Quality) Policy 2003

Close to formal proceedings – Thank you for your attendance EPA staff now available for one on one discussion or questions For further copies of the consultation documents visit www.epa.sa.gov.au Or call 8204 2071