Changes to the EP&A Act – Planning Certificates
In November last year, the NSW Government passed legislation to update the Environmental Planning and Assessment Act 1979 (EP&A Act). The changes to the Act commenced on Thursday 1 March 2018. The Department of Planning and Environment have created a Guide to the updated Environmental Planning and Assessment Act 1979.
New Approved Contaminated Land Notification Form
The NSW EPA has recently approved an updated Contaminated Land Notification Form (‘Section 60’ form). The form now includes a link to the Duty to Report Contamination Guidelines and requests supporting sources of information. You can download the new Contaminated Land Notification Form here or from the EPA Website.
Australia’s Environment Ministers have endorsed the first PFAS National Environmental Management Plan (NEMP). The PFAS NEMP provides governments with a consistent, practical, risk-based framework for the environmental regulation of PFAS-contaminated materials and sites. The PFAS NEMP presents a how-to guide for the investigation and management of PFAS contamination and waste management, including recommended approaches, which will be called upon to inform actions by EPAs and other regulators.
SEPP 55 Revision - extension of original closing date
The NSW Department of Planning and Environment is currently revising the State Environmental Planning Policy for the Remediation of Land, SEPP 55. This is a key document in the management of contaminated land that governs the approval process for remediation work. The revision has been published for comment, along with an explanation of intended effect, available here: http://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and-Legislation/Remediation-of-Land-SEPP. Feedback on the Explanation of Intended Effect and draft Planning Guidelines can be submitted until 13 April 2018, an extension of the original closing date of 31 March 2018.
ANZECC Guideline Update – It is understood that The Australian New Zealand Guidelines for Fresh and Marine Water Quality currently undergoing revision has been approved by the Commonwealth and is currently with State jurisdictions for approval prior to finalisation. Significant changes to water and sediment ecological criteria based on developments in toxicity data and further clarity on the methodology for their derivation are expected. For further information on the protocols for deriving criteria, please refer to https://www.csiro.au/en/Research/LWF/Areas/Environmental-contaminants/Water-and-sediment-quality-guidelines.
ACLCA NSW member company, C.M. Jewell and Associates Pty Ltd, has recently been engaged by the NSW EPA to review and revise the Guidelines for the Assessment and Management of Sites Impacted by Hazardous Ground Gases, originally issued in 2012.
The review and revision have two main objectives:
• To maintain consistency with Australian and overseas publications referenced in the guidelines that have been updated since the guidelines were originally issued (for example BS 8485), incorporate new reference material where relevant, and update the data tables where necessary; and
• To incorporate practical experience gained by Australian consultants and public authorities in the five years since the original guidelines were issued.
Some housekeeping issues such as broken links will also be addressed.
Any contributions on the revision would be appreciated, particularly with regard to practical experience in the assessment and management of ground gas in NSW or Australia more generally. Any such contribution will of course be acknowledged in the revised guidelines.
Please reply directly to [email protected] with any contributions or suggestions.