Professional Documents
Culture Documents
Table of Contents
Introduction .............................................................................................................................. 2 Purpose and objectives............................................................................................................ 2 Legislation................................................................................................................................ 3 Role of the Environmental Protection Agency.......................................................................... 3 Role of the Department of Natural Resources and Mines........................................................ 4 Environmental authorities ........................................................................................................ 4 Level 2 environmental authorities ......................................................................................... 4 Level 2 Code Compliant Authorities................................................................................... 4 Level 2 non-code compliant authorities.............................................................................. 5 Level 1 environmental authorities ......................................................................................... 6 Project authorities ................................................................................................................. 6 Environmental impact assessment for petroleum activities...................................................... 7 Environmental values............................................................................................................ 7 EIS under the Environmental Protection Act 1994 ................................................................ 8 EIS under State Development and Public Works Organisation Act 1971 ............................. 8 EIS under Environment Protection and Biodiversity Conservation Act 1999 ........................ 8 Application of the Integrated Planning Act 1997 ................................................................... 8 Environmental management documents.................................................................................. 8 Role of the Land and Resources Tribunal................................................................................ 9 Financial assurance ................................................................................................................. 9 Amendments.......................................................................................................................... 10 Transfers................................................................................................................................ 11 Surrenders ............................................................................................................................. 11 Transitional provisions ........................................................................................................... 13 Enforcement .......................................................................................................................... 13 Related guidelines ................................................................................................................. 13 Glossary................................................................................................................................. 14 References ............................................................................................................................ 16 Approved By .......................................................................................................................... 16
Page 1 of 16 050314 Environmental Protection Agency www.epa.qld.gov.au ABN 87 221 158 786
Guideline
Related guidelines Guideline Guideline Guideline Introduction to policies and guidelines for impact assessment Principles and objectives of impact assessment Environmental impact assessment process for petroleum projects
Introduction
On 1 January 2005, a new legislative framework for the regulation of upstream petroleum and pipeline industries commenced. The Petroleum and Gas (Production and Safety) Act 2004 (P&G Act) combined the previous regulation of petroleum industry under the Petroleum Act 1923 and the Gas Act 1965 into a single piece of legislation. The Petroleum Act 1923 has been retained to regulate some petroleum tenures granted prior to 1993 because of native title implications. Prior to 1 January 2005, environmental regulation of the upstream petroleum industry was administered under the Environmental Protection Act 1994 (EP Act) and the former Department of Mines and Energy policy framework Environmental Management Policy for Activities under Petroleum Tenures. The policy relied upon a code of practice for managing environmental impacts for the majority of activities and Environmental Management Plan (EM Plan) for projects that had more significant potential environmental impacts. Both the code and the EM Plan were enforced through the Petroleum Act 1923. The introduction of the P&G Act necessitated significant amendments to the EP Act. The Environmental Protection and Other Legislation Amendment Act 2004 (EPOLA 2004) amended the EP Act to provide for the regulation of petroleum activities. These amendments created a head of power for the administering authority to regulate environmental matters associated with petroleum activities. The EP Act will retain most of the existing provisions. Some new provisions are necessary given the separation of tenure matters under the P&G Act and environmental management matters under the EP Act. Under the new arrangements, the Environmental Protection Agency (EPA) will have responsibility for environmental impact assessment, administration of environmental authorities, as well as compliance, auditing and monitoring of environmental management of petroleum activities. The introduction of the new legislation will result in the majority of petroleum activities being regulated by codes of environmental compliance. Adoption of these codes is expected to provide certainty and consistency in relation to the administration of environmental regulation of the upstream petroleum and pipeline industries.
Page 2 of 16 050314
Guideline
g) required under a condition of an environmental authority (petroleum activities) that has ended or ceased to have effect, if the condition: i. ii. continues to apply after the authority has ended or ceased to have effect; and has not been complied with.
Page 3 of 16 050314
Guideline
Environmental authorities
Under the Environmental Protection Regulation 1998 (EP Regulation), a petroleum activity is either a level 1 or a level 2 environmentally relevant activity and therefore requires an environmental authority under the EP Act. The holder of a petroleum authority cannot carry out petroleum activities unless the environmental harm for those activities are authorised by an environmental authority for the related petroleum authority. Therefore, the applicant for a petroleum authority must also apply for an environmental authority (petroleum activities). All applications for new petroleum projects must be made on the approved application form and lodged with the administering authority.
Page 4 of 16 050314
Guideline
If the administering authority decides to grant the application it will issue a level 2 non-code compliant environmental authority (petroleum activities). In determining the conditions of the environmental authority the administering authority must include any condition required under an EPP. In addition, the administering authority may impose conditions on the environmental authority it considers necessary or desirable. Further information on level 2 petroleum projects is contained in the guideline Environmental impact assessment process for petroleum projects.
Page 5 of 16 050314
Guideline
After receipt of the application, the administering authority may decide an EIS is required. However, despite any decision of the administering authority the Minister for Environment may, at any time before a decision is made on the application, decide an EIS is required for the application. Applications for level 1 petroleum activities must be publicly notified within two business days of making the application. An interested person may make a written submission to the administering authority about the application for the environmental authority. Any properly made submission during the submission period must be considered when the administering authority decides the application. In deciding whether to grant or refuse the application, the administering authority must comply with any EPP requirement. In assessing these requirements the administering authority must also consider: a) the standard criteria; b) any additional information for the application; c) suitability report obtained for the application; d) properly made submission for the application; e) views expressed at a conference held in relation to the application; f) the EM Plan for the application;
g) the status of the application under the petroleum legislation; and h) EIS (if applicable). If the administering authority decides to grant the application it will issue a level 1 environmental authority (petroleum activities). In determining the conditions of the environmental authority the administering authority must include any condition required under an EPP. In addition, the administering authority may impose conditions on the environmental authority it considers necessary or desirable.
Project authorities
A petroleum project is all activities carried out, or proposed to be carried out, under one or more of the following in any combination as a single integrated operation: a) a 1923 Act petroleum tenure granted under the Petroleum Act 1923;
Page 6 of 16 050314 Environmental Protection Agency
Guideline
Environmental values
One of the main aims of an EIS and environmental management plan (EM Plan) is to identify the relevant environmental values likely to be affected by the proposed activities and state the environmental protection
Page 7 of 16 050314
Guideline
EIS under State Development and Public Works Organisation Act 1971
The EIS process under the State Development and Public Works Organisation Act 1971 (SDPWO Act) may be used for petroleum projects in cases where the Coordinator-General declares the project to be a significant project after considering the criteria in s29C of the SDPWO Act.
Page 8 of 16 050314
Guideline
The members of the Tribunal (the president and deputy presidents) hold judicial-equivalent positions. The nonpresiding members must have extensive administrative experience in cultural heritage, indigenous issues, mining and petroleum activities, mediation, native title, land or other relevant issues.
Financial assurance
Under the EP Act, the administering authority may require a financial assurance to be lodged as a condition of an environmental authority (petroleum activities). Financial assurance is held as a security for: 1. complying with an environmental authority (petroleum activities), environmental management program (EMP) or site management plan (SMP) and any conditions of the authority (e.g. land rehabilitation conditions), program or plan; and 2. costs or expenses, or likely costs or expenses if the administering authority takes action to: a. prevent or minimise environmental harm or rehabilitate or restore the environment in relation to carrying out of an activity under an environmental authority or an EMP for which financial assurance has been given. b. carry out work to remediate land managed under a SMP for approval for which financial assurance has been given; or c. to ensure compliance with an environmental authority, EMP or SMP or any conditions of the authority, program or plan, for which financial assurance has been given.
Financial assurance may be required before an environmental authority (petroleum activities) is either issued or transferred. The administering authority will decide, in accordance with the guideline Financial assurance for petroleum activities, what form of financial assurance is considered appropriate. For example, a financial assurance may be lodged in the form of cash or bank guarantee. The financial assurance must be calculated using third party costs.
Page 9 of 16 050314
Guideline
Amendments
The holder of an environmental authority (petroleum activities) may, at any time, apply to the administering authority to amend the environmental authority. Examples of when a holder may wish to make an amendment application are: to change a relevant petroleum activity from a level 1 petroleum activity to a level 2 petroleum activity; the addition of a petroleum tenure, or the addition of a petroleum activity, to an existing environmental authority (petroleum activities); to complement an application under the P&G Act, to amend a relevant pipeline licence; or if a relevant petroleum authority is an authority to prospect and the holder has, under the P&G Act, chapter 2, part 2, division 2, made an ATP-related application for a petroleum lease.
The application must be made to the administering authority: a) in the approved form; b) be supported by enough information to allow the administering authority to decide the application (e.g. description of the proposed project and the likely environmental impacts); and c) be accompanied by the prescribed application fee. After receipt of the application, the administering authority must decide whether an EIS is required. However, despite any decision of the administering authority, the Minister for Environment may, at any time before a decision is made on the application, decide that an EIS is required for the application.
Page 10 of 16 050314
Guideline
Transfers
An application to transfer an environmental authority (petroleum activities) is required when the related petroleum authority is to be assigned to a person who is not a holder of the environmental authority for the petroleum authority. The application must be made to the administering authority: a) in the approved form; b) made by each of the following: i. ii. the holder of the environmental authority (petroleum activities); the proposed transferee;
c) be supported by enough information to allow the administering authority to decide the application; and d) be accompanied by the prescribed application fee. Applications for code compliant activities must be accompanied by a certification that the transferee can comply with the relevant code of environmental compliance. The applicants, together with the transfer application, may also make an amendment application for the environmental authority (petroleum activities). However, the amendment application must not be granted before the transfer application is granted or if the transfer application is refused. The administering authority may also require the applicant to submit an audit statement for the environmental authority. The audit statement must be made by or for the environmental authority holder and state the extent to which activities carried out under each relevant petroleum authority have complied with the conditions of the environmental authority.
Surrenders
The holder of an environmental authority (petroleum activities) may surrender whole or part of the authority at any time. However, the holder must apply to surrender the environmental authority within the following time periods. a) 30 days after: i. ii. the petroleum authority is cancelled; or a reduction in the area of a relevant petroleum authority for the environmental authority under a requirement of non-compliance action taken under the petroleum legislation; or
Page 11 of 16 050314
Guideline
iii.
The holder of the environmental authority will not need to surrender the authority providing that, before the 90 day period ends, the petroleum authority (under the petroleum legislation) is renewed or continued in force, or a replacement environmental authority (petroleum activities) for the environmental authority is issued to the holder. The application must be made to the administering authority: a) in the approved form; b) be supported by enough information to allow the administering authority to decide the application; and c) be accompanied by: i. ii. iii. a final rehabilitation report (FRR) for the environmental authority (petroleum activities); an audit statement for the environmental authority; and the prescribed application fee.
The FRR must include enough information to allow the administering authority to decide whether the conditions of the environmental authority have been complied with, whether the land has been satisfactorily rehabilitated and describe any ongoing environmental management needs for the land. For level 1 petroleum activities, the FRR must also state the extent to which activities carried out under each petroleum authority have been consistent with the environmental protection commitments in the relevant EM Plan. The audit statement must: a) be made by or for the environmental authority holder; and b) state the extent to which activities carried out under the environmental authority have complied with its conditions and that the final rehabilitation report is accurate. The holder of the environmental authority may also be required to make an amendment application for the part of the environmental authority not sought to be surrendered. In assessing an application to surrender an environmental authority (petroleum activities), the administering authority is responsible for deciding whether or not the final rehabilitation proposed by the holder of the authority is acceptable. In deciding whether to grant or refuse the application, the administering authority must comply with any EPP requirement. In assessing these requirements the administering authority must also consider: a) the standard criteria; b) the audit statement and final rehabilitation report that accompanied the application; c) any relevant FRR assessment report; and d) any other matter described under an environmental protection policy or regulation. The administering authority may grant the application if:
Page 12 of 16 050314
Guideline
Transitional provisions
At the commencement of the amended EP Act on 1 January 2005, all existing petroleum projects with: a) level 1 licenses will be taken to be non-code compliant level 1 petroleum projects. b) level 2 approvals will be taken to be non-code compliant level 2 petroleum activities. c) integrated environmental authorities for petroleum activities may be converted by the administering authority to petroleum project authorities. The conditions of each of the constituent parts will continue to be an environmental authority of the type stated in the integrated environmental authority. This is necessary to ensure that the environmental conditions for all petroleum activities remain the same as they were under the amended petroleum legislation. Applications for environmental authorities for petroleum activities in process and not yet decided will be taken to be applications for either: a) a level 2 non-code compliant activity ; or b) a level 1 petroleum activity. Applications for amendments, surrenders or transfers will be taken to be the corresponding type of application under the new petroleum legislation.
Enforcement
The administering authority will be responsible for the enforcement of the conditions of all environmental authorities (petroleum activities). Under the EP Act, the administering authority has the ability to issue penalty infringement notices for breaches of the conditions of level 2 petroleum activities. For Level 1 authorities, the administering authority has adopted a policy of focusing on negotiation and cooperation in the first instance for such breaches. However, the administering authority is committed to responsible management of the environmental impacts of the petroleum industry and will, if required, undertake prosecution action.
Related guidelines
The EPA has developed guidelines, information sheets and application forms to assist industry, government and the community in relation to the introduction of the new legislation. The documents are available on the EPAs web site http://www.epa.qld.gov.au and can be accessed via the following link: Ecoaccess>> Petroleum.
Page 13 of 16 050314
Guideline
Guideline
Guideline
Guideline
Guideline
Guideline
Information Sheet Information Sheet Information Sheet Information Sheet Information Sheet Information Sheet Information Sheet Information Sheet
Glossary
EIA Environmental impact assessment is the process in which environmental management is integrated into proposals. The administering authority means -
Administering
Page 14 of 16 050314
Guideline
Petroleum project
Page 15 of 16 050314
Guideline
References
Environment Protection and Biodiversity Conservation Act 1999. http://www.environment.gov.au Environmental Protection Act 1994 and Environmental Protection and Other Legislation Amendment Act 2004 http://www.epa.qld.gov.au http://www.legislation.qld.gov.au
Disclaimer: While this document has been prepared with care, it contains general information and does not profess to offer legal, professional or commercial advice. The Queensland Government accepts no liability for any external decisions or actions taken on the basis of this document. Persons external to the Environmental Protection Agency should satisfy themselves independently and by consulting their own professional advisors before embarking on any proposed course of action.
Approved By
(Signed)
Signature
15 February 2005
Date
Director, Systems and Support Branch Environmental Operations Division Environmental Protection Agency
Enquiries:
Ecoaccess Customer Service Unit Ph. 1300 368 326 Fax. (07) 3115 9600
Page 16 of 16 050314