Environmental Duty of Care

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1 Process Procedure No Issue 1 Engineering Process Procedure ()

2 Process Procedure No DOCUMENT CONTROL 1 Document Status Record Status Date Prepared Reviewed Endorsed Approved Issue1 Revision0 10 Feb 04 Engineering Services Asset Managers GM E&I Executive Committee 2 Document Distribution List Copy No. Position Organisation 1 Chief Executive Officer ARTC 2 General Manager Engineering & ARTC Infrastructure 3 General Manager Operations and Customer ARTC Services 4 General Manager Finance and ARTC Administration 5 General Manager Risk and Safety ARTC

3 Process Procedure No PROCESS PROCEDURE ENVIRONMENTAL DUTY OF CARE 1. Purpose The purpose of this procedure is to minimize the environmental liability of ARTC by ensuring the engagement of infrastructure Maintenance and Construction contractor(s) with competence in the prevention or minimization of environmental impacts associated with their activities and by monitoring their performance. 2 Scope This procedure covers the pre-contract assessment, contract preparation and ongoing assessment of infrastructure Maintenance Contractor(s) with respect to their competence in environmental management. 3 Reference Documents 3.1 Australian Environmental Protection Law SA Environmental Protection Act, 1993 SA Dangerous Substances Act, 1979 WA Environmental Protection Act, 1987 WA Explosives and Dangerous Goods Act, 1961 NT Dangerous Goods Act, 1981 NT Water Supply and Sewage Act, 1993 NT Water Act, 1992 NT Environmental Assessment Act, 1982 VIC Environmental Protection Act, 1970 NSW Protection of the Environmental Administration Act, 1991

4 Process Procedure No 4 Responsibility 4.1 ARTC The ARTC Contracts and Supply Manager is responsible for ensuring that the Environmental Regulatory Compliance requirements and the requirements of this procedure are included in all ARTC Tender Documents The ARTC Asset Managers are responsible for ensuring that the requirements of this procedure are implemented by ARTC engineering contractors The ARTC Track and Signals Auditors are responsible for the verification of the Contractors site Environmental compliance with this procedure 4.2 Contractors Construction and Maintenance Organisations working on or about the Track are required to prepare site specific Environmental Protection Plans and to nominate an officer independent of physical work as their Environmental Officer to work in conjunction with the ARTC Auditors and the Environmental Officers of other Construction and Maintenance Organisations. 5 Requirements 5.1 Pre contract Assessment Asset Managers shall require potential infrastructure maintenance and construction contractors to submit evidence at the assessment phase of the following: Environmental Policy Environmental Awareness skills of managers, supervisors and employees Procedures for controlling environmental impacts arising from the following activities where applicable: management of petroleum based waste products general waste management disposal of batteries storage and handling of petroleum products vehicle and equipment cleaning storage of hazardous chemicals emergency response for railway accidents involving environmentally hazardous goods. ballast cleaning, reclamation transport and disposal pest and weed control noise Training of managers, supervisors and employees in these procedures Audits and other records of on-going assessment of compliance with the procedures Environmental incident reporting procedures (including complaint handling) and statistics.

5 Process Procedure No Any environmental notices or prosecutions from regulatory authorities. The General Manager Engineering and Infrastructure shall consider the above factors in making overall evaluation of the potential infrastructure maintenance and construction contractors. 5.2 Contractors Responsibilities Infrastructure Maintenance and Construction contractors 1 shall at all times: Comply with the ARTC Environmental Policy and the requirements of the Environmental Management System Comply with all applicable environmental legislation and standards Be duly diligent in environmental management of all activities Maintain and adhere to environmental control procedures for workers which may have environmental consequences including and not restricted to: - management of petroleum based waste products - general waste management - disposal of batteries - storage and handling of petroleum products - vehicle and equipment cleaning - storage of hazardous chemicals - emergency response for railway accidents involving environmentally hazardous goods. - ballast cleaning, reclamation transport and disposal - pest and weed control - noise Ensure that all of their managers, supervisors and employees have appropriate environmental awareness training and training in environmental control procedures relevant to their activities Ensure that all managers, supervisors and employees involved with the ARTC maintenance and construction contracts have been provided with a copy of their Environmental Policy and received an induction in the requirements of the policy and specific requirements to adequately undertake the work Carry out internal audits at least once every two years of their activities with respect to environmental performance and take immediate corrective actions to remedy any non conformance with environmental legislation standards and their environmental control procedures Provide a copy of the environmental audit report and corrective actions to the ARTC Asset Managers.

6 Process Procedure No Immediately notify ARTC of any environmental incident, accident or complaint or circumstances likely to lead to environmental damage. Infrastructure maintenance and construction contractors shall at all times exercise due diligence to inform themselves of any such circumstances which would require such notification Take all necessary steps to remedy any environmental condition arising from their activities in order to prevent, mitigate or remediate any environmental damage at the contractor's cost Comply with all reasonable instructions from ARTC Asset Managers regarding environmental matters.

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