Annual Compliance Plan

Transcription

1 Annual Compliance Plan

2 Prepared by: Department of Environment and Heritage Protection State of Queensland, The Queensland Government supports and encourages the dissemination and exchange of its information. The copyright in this publication is licensed under a Creative Commons Attribution 3.0 Australia (CC BY) licence. Under this licence you are free, without having to seek our permission, to use this publication in accordance with the licence terms. You must keep intact the copyright notice and attribute the State of Queensland as the source of the publication. For more information on this licence, visit Disclaimer This document has been prepared with all due diligence and care, based on the best available information at the time of publication. The department holds no responsibility for any errors or omissions within this document. Any decisions made by other parties based on this document are solely the responsibility of those parties. Information contained in this document is from a number of sources and, as such, does not necessarily represent government or departmental policy. If you need to access this document in a language other than English, please call the Translating and Interpreting Service (TIS National) on and ask them to telephone Library Services on This publication can be made available in an alternative format (e.g. large print or audiotape) on request for people with vision impairment; phone or <library@ehp.qld.gov.au>. July 2013

3 Contents Introduction... 1 Our regulatory responsibilities... 1 Our customers... 2 Our challenges... 2 Compliance Program... 3 Compliance model... 3 Regulatory response to non-compliance... 4 Determining compliance priorities... 4 Outcomes of the Annual Compliance Plan... 5 Key compliance focus for Summary of compliance program for Compliance program action plans Heritage places Waste movement Industrial areas Conventional oil and gas CSG/LNG industry Macropod management Flying-foxes Domestic trade in wildlife Domestic trade in turtle and dugong meat Contaminated Land Heavy industry Gladstone Air quality regulation and reporting High risk environmentally relevant activities Composting Water management at mining sites, landfills and quarries Unlined landfills Commercial whale watching in state waters Further Information iii

4 Introduction The annual compliance plan outlines the key compliance activities to be undertaken by the Department of Environment and Heritage Protection during It serves to inform customers and members of the public about the current key risks to Queensland s environment and places of significant heritage value and advises them of the proactive strategies the department has employed to minimise or eliminate these risks. This plan reflects the recent change in the department s regulatory approach. The department has reduced the regulatory burden placed on customers by streamlining the application process. In doing so, its compliance effort has been strengthened to ensure that customers are meeting their regulatory requirements. The compliance programs published in this plan were determined through a transparent and risk-based process that identifies activities where a high-level of non-compliance has been detected or an activity poses a significant risk to the environment. This allows the department to align valuable resources with those areas of significant risk to ensure Queensland s key environmental assets and heritage places are protected. During the risk assessment process, the department also sought to understand why non-compliance occurred. When it was identified that it was potentially due to a lack of knowledge on behalf of our customers, compliance strategies have been developed to increase customers knowledge of their obligations or remove ambiguity from the department's guidelines and policies. Finally, the plan includes additional compliance strategies that increase the department's understanding of the issues surrounding identified risks. It is envisioned that the information gleaned from these activities will direct future compliance activities. In addition to the annual compliance plan, the department is undertaking a number of other initiatives to increase its compliance capability. These include: updating the department's training program to enhance officers compliance skills to identify and mitigate environmental risks constantly re-evaluating compliance methodologies to ensure the department is using the most up-to-date technology to identify non-compliance and high risk areas working with industry to develop procedures that ensure a consistent response to incidents relative to the level of risk increasing compliance efforts and ensuring actions are targeted, outcomes focused and are determined based on risk increasing transparency by making compliance information more accessible to the Queensland community. It is not the intention of the compliance plan to detail all activities that will be undertaken. The department receives a large amount of information from industry and the public. In some instances, it may be necessary to undertake compliance activities based on this reported information. New risks may also emerge during the year which need the immediate attention of the department. Compliance activities are also carried out at the regional level to target localised risks. The purpose of this plan is to outline to the community and industry the key compliance priorities to the department for the coming financial year. Our regulatory responsibilities The department is responsible for administering and ensuring compliance with a number of Acts and statutory instruments that aim to conserve, protect and manage Queensland s natural environment and heritage places for today and into the future. The department regulates environmentally relevant activities carried out by the resources industry and the industrial sector. It also looks to conserve and protect wildlife and flora, and Queensland s built heritage. The department s main areas of regulatory responsibility include: industrial, mining and resource activities that have an impact on the natural environment the management of native wildlife and flora the protection of Queensland s heritage places activities that take place in the state s coastal zone 1

5 waste reduction impacts on underground water by the activities of petroleum tenure holders. The department is responsible for Queensland s environment and heritage protection laws and regulations and regulates activities under the: Coastal Protection and Management Act 1995 Environmental Protection Act 1994 Nature Conservation Act 1992 Queensland Heritage Act 1992 Sustainable Planning Act 2009 Waste Reduction and Recycling Act 2011 Water Act 2000 (Chapter 3). On 31 March 2013, greentape reduction amendments to the Environmental Protection Act 1994 and subsequent amendments to the Environmental Protection Regulation 2008 commenced and are now in force. These changes were made to reduce the regulatory burden placed on customers during the application process. This has changed the way applications for Environmental Authorities must be made, considered and decided. All applications made from 31 March 2013 are processed according to the level of potential environmental risk. For example, a low risk activity, such as the operation of a sewage treatment pumping station, does not require the same level of assessment as the operation of a mining activity. These changes allow the department to focus more of its effort on its compliance activities. Additional information on the Greentape Reduction Project and the new application process is available on the department s website at and the Queensland Government s Business and Industry Portal at Our customers The department's foremost customers are the people of Queensland. The department seeks to work collaboratively with organisations that have a role or interest in the environment. This includes all levels of government, conservation and special interest groups, environmental authorities, regional natural resource management groups, industry and landholders. To achieve the government s vision and objectives, the department s programs, regulations and customer service involve active engagement and collaboration and are underpinned by robust scientific evidence and thorough analysis. The department uses numerous communication channels to build and maintain its relationships with its customers and other interested parties and to receive feedback and suggestions about its activities and direction. The department is further committed to examining new and modern technologies to increase interaction between the department and the community. Opportunities to work with industry will be implemented where there are clear benefits to business, the government and the community. Other partnerships with state and local governments, conservation groups, businesses and the wider community will be progressed to deliver the Queensland Government s environment and heritage commitments. Our challenges The department faces a number of challenges in executing its regulatory responsibilities such as: a predicted increase in significant weather events such as floods, cyclones and fires which not only have the potential to cause environmental harm, but also disrupt business operations new and emerging technologies that provide opportunities for offenders to exploit regulatory systems new and emerging industries operating in remote and isolated locations making it difficult to undertake regular compliance activities 2

6 increasing population growth, particularly in regional areas, resulting in increased waste and sewage generation with the potential to exceed capacity designs of plants treating these products an uncertain fiscal environment which may increase pressure on customers to operate outside compliant boundaries. These challenges were considered by the department and have been incorporated in the plan. For example, the department has committed to ensuring high risk industrial areas have appropriate plans in place in case of a significant weather event, and that high risk mining and extractive activities have appropriate water management strategies in place prior to the wet season. The department has started exploring the use of remote sensing technology to identify risks associated with industries located in remote and isolated locations. This will enable the department to undertake more targeted inspections at these locations as risks can be pre-identified through desktop analysis. In addition, a forensic computer analytical ability is being developed which will enable the department to capture greater evidence during investigations. Finally, the department has established an intelligence function which enables it to continuously monitor new and emerging risks, issues and trends. Examples include monitoring waste movement data, and changing modus operandi used by illegal wildlife traders so that the department can employ timely and effective compliance actions. Compliance Program Compliance model The Regulatory Strategy outlines the department s long-term vision for compliance and enforcement activities. The regulatory application process will be significantly streamlined over time, while its compliance activities will be increased and its enforcement actions will become stronger and more consistent. The department s compliance program is founded on a targeted, risk-based and transparent approach to compliance, supported by a modern and strong enforcement program. This enables the department to respond to the current and emerging challenges facing us. Monitoring activities carried out by the department will include desktop audits and inspections of sites that have an approval from the department. The department will be targeted and transparent in deciding which industries or activities will be the focus of its compliance activities. It will target areas where breaches of its legislation pose the greatest risk to the environment or heritage places. Action will then be taken to reduce that risk. Compliance plans will be publicly available detailing areas the department is focusing on, and what it is doing about them, to ensure transparency. The department will monitor customer performance based on risk. Where individual customers represent a higher risk to the environment because of their poor performance, the department will assess their compliance more frequently. Coversley, the department will acknowledge customers who demonstrate good performance and manages their risk appropriately by conducting less frequent inspections. In addition, monitoring activities will be undertaken to identify and target those identified as operating unlicensed or carrying out activities illegally. 3

7 Figure 1: Monitoring Performance Regulatory response to non-compliance Whilst the vast majority of customers are responsible, and endeavour to achieve or go beyond their environmental requirements, there will be occasions where customers fail to meet their obligations. If the department finds that a customer has broken the law, is unlicensed or is carrying out activities illegally, it will take action to bring the customer back into compliance with its obligations. This may mean providing an opportunity for the customer to voluntarily fix the problem, or taking enforcement action in accordance with the department s enforcement guidelines. Enforcement action can include warnings, penalty infringement notices or prosecutions. Where necessary to stop unlawful harm to the environment or a heritage place, the department will require someone to do, or not do, certain things. These may include stopping an activity or suspending an approval until the department is satisfied that the activity will be properly managed. The department will provide information to industry and the community on its compliance and enforcement actions through compliance alerts and prosecution bulletins, as well as publishing industry performance on the department s website. The Enforcement Guidelines and Regulatory Strategy are available at Determining compliance priorities The compliance priorities identified for targeting were identified through a risk-based process incorporating data collection, PESTLE analysis and extensive consultation with key business areas within the department. Collection and analysis of information and data allowed the department to identify particular issues that it is responding to at a given point in time. The PESTLE analysis model was incorporated to identify emerging and future risks. This model is a well-known tool used to examine the political, economic, sociological, technological, legal and environmental factors that may impact on the department s regulatory framework now and in the future. To validate findings from the analysis, key business areas within the department were consulted. This ensured that findings were corroborated by people who work in the field and have expert knowledge. Once this process was completed, risks were identified and compliance projects were developed to target them. The compliance projects were broken into three primary projects with either strategic, monitoring or capacity building objectives. 4

8 Strategic projects These projects target a particular business or community sector or area with a high potential to impact on the environment or the safety of people. They focus on issues such as establishing baseline compliance performance, the effectiveness of current regulatory frameworks, strategies to improve compliance performance and identifying best practice. These projects drive improved regulatory systems and tools, and compliance outcomes. Monitoring activities These projects involve continuous collection, monitoring and analysis of data and intelligence to identify instances of non-compliance. Non-compliances could trigger additional compliance activity such as site inspections and/or investigations. These projects drive compliance outcomes and remedial action. Capacity building projects These projects provide customers with training, resources and opportunities to increase their skills and the capacity to meet their regulated obligations, as well as improving the way they operate so that they can move beyond compliance to best-practice approaches to environmental and heritage management. They also provide an opportunity for the department to enhance its understanding of a particular issue. Outcomes of the Annual Compliance Plan As part of the annual compliance plan, a range of strategic, monitoring and capacity building projects were undertaken to target identified risks. At the time of compiling this plan, a number of positive outcomes have been identified including: gathering valuable intelligence through a joint agency operation targeting illicit trade in dugongs and turtles. This information is necessary to ascertain the extent of illegal activities and any persons involved in illegal trade undertaking pre-wet season preparedness inspections at very high risk mining sites which resulted in an increased understanding of water management constraints for various types of mining operations and the different approaches mining operations undertake to deal with mine water storage, treatment and discharge. These inspections also resulted in significant water management improvements across a number of sites as non-compliances were identified and addressed. Having appropriate water management strategies in place also meant industry spent less time offline during significant weather events the identifiication of a number of non-compliant harvesters through the macropod compliance project. One case resulted in a successful prosecution by the department with the offender fined $5000 for a number of offences under the Nature Conservation Act 1992 a noticeable improvement in the management of CSG activities at a number of sites. The CSG industry has demonstrated a willingness to work with EHP on compliance issues. In addition to EHP inspections, the industry undertakes its own stringent internal audits. A more detailed analysis of the outcomes of proactive compliance activities targeting risk areas during will be completed and published on the department s website. Key compliance focus for The diagram overleaf outlines the key compliance projects that will be undertaken by the department during The strategies, target levels and desired outcomes are summarised on pages 7 to 12. The background behind these projects is detailed from page 13. 5

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10 Summary of compliance program for Strategic Compliance Projects Activity Projects Compliance Strategy Target Level Outcomes Heritage Heritage places Undertake desktop audits and site inspections based on a risk-based analysis of heritage sites Waste Movement of waste Review and redesign waste classification and codes Targeted compliance activities undertaken as identified through intelligence and risk-assessment processes Updated waste classification code and associated documents High risk places identified and targeted based on compliance priorities Heritage value of vulnerable heritage places preserved Increased understanding by generators of waste management obligations Educate customers on appropriate waste classifications through a targeted mail out and industry alert Undertake targeted vehicle interceptions Industry activity monitored to identify unlicensed waste activity Targeted mail out of industry alert Three static interceptions state-wide Investigation of unlicensed activity when identified Reduced risk of environmental harm as waste is appropriately handled and treated Timely identification and management of unlicensed activity reducing risk of environmental harm from unregulated activities Risks identified and mitigated through effective targeting Concentration of high impact industry Industrial estates Inspections of sites in targeted industrial estates with focus on emergency management and wet weather preparedness Three industrial areas identified as very high risk Ensure robust strategies in place to mitigate impacts on environment and human health from emergency and extreme weather events in industrial estates Strengthened partnerships with other agencies and delivery of whole of government response 7

11 Strategic Compliance Projects Activity Projects Compliance Strategy Target Level Outcomes Improved response to and resolution of emergency events. Petroleum oil and gas Conventional oil and gas Utilise remote sensing technology and known environmental issues to identify risk areas Targeted site inspections based on analysis of remote sensing information High risk places identified and compliance priorities determined Ensure compliance with conditions CSG/LNG industry Implement a proactive compliance plan that targets current and emerging risks associated with CSG/LNG industry As per CSG/LNG annual compliance plan for available at: Impacts to the environmental and natural resources resulting from CSG to LNG activities are appropriately and effectively managed Macropod management Commercial harvesting of macropods Risk based site inspections and compliance activities on commercial harvesting operations at dealer and processing sites Inspect 100% operating high risk sites Inspect 100% operating processors Inspect medium risk sites biennially Sustainability of macropod population maintained Industry voluntarily complies with regulations View 1% total harvest Strengthened engagement with industry Detail inspection 0.1% harvest Wildlife management Flying-foxes Targeted compliance of lethal permit holders and investigation of illegal take of flying-foxes Inspections of 50% of lethal permit holders annually Investigation of incidences of illegal take of flying-fox as identified Mitigate the impact of take on the flying-fox population Population sustained Illegal wildlife trade Domestic trade in Improvement in tracking of wildlife Feasibility report of using electronic Prevention of illegal wildlife trade through 8

12 Strategic Compliance Projects Activity Projects Compliance Strategy Target Level Outcomes protected wildlife movements and intelligence analysis to identify illegal wildlife trade lodgement and tracking of all wildlife movement records enhanced compliance of wildlife movements Enable analysis of wildlife movements to identify and disrupt illegal wildlife trade Reduce administrative workload in processing paper wildlife movements Strong enforcement actions resulting from intelligence and investigative strategies monitoring and identifying illegal trade Compliance activities to be undertaken as identified through intelligence and risk-assessment processes Disruption of illegal wildlife operations Wildlife protected Domestic trade in turtle and dugong meat Compliance activities through targeted vehicle inspections, observations of suspect packages at airports, vessel patrols in Torres Strait and intelligence gathering Targeted compliance activities undertaken as identified through intelligence and risk-assessment processes Disruption of illegal activity Further information and intelligence gathered 9

13 Monitoring Projects Activity Program Compliance Strategy Target Level Outcomes Contaminated land Suitably qualified persons Undertake desktop audit of suitably qualified persons Ongoing audit of suitably qualified persons Ensure persons providing the department with information are suitably qualified Heavy industry Gladstone Proactive compliance risk-based inspection program Inspections at all very high risk sites Risk of environmental harm resulting from poor performance is reduced Industry compliant Air Air quality regulation and reporting Undertake joint-agency inspections with DSITIA targeting sites identified as very high risk Six inspections undertaken with DSITIA Increased compliance with NPI air reporting requirements Identification of potential need to review conditions on EAs in relation to air emissions. Reduced risk to human health and environmental harm ERA maintenance High/Very high risk ERAs Undertake risk assessments and inspect high and very high risk ERAs 100% of high risk sites 90% of very high risk sites Very high and high risk sites monitored Risk of environmental harm resulting from poor performance is reduced Customers are compliant Illegal wildlife trade Domestic trade in protected wildlife Proactive monitoring of internet advertisements related to protected wildlife. and engagement with website operators to place education alert style pop-ups on their sites 12 proactive monitoring sessions to be undertaken of known websites Enhanced monitoring of internet sites to identify illegal wildlife trade Disruption of illegal wildlife trade online 10

14 Capacity Building Activity Program Compliance Strategy Target Level Outcomes Composting Waste acceptance practices Desktop audit of all environmental approvals for ERA 53 to determine what regulated wastes can be accepted including drilling muds and if ERA 55 or BUA is required Update and publish a guideline on compositing including waste acceptance criteria to educate operators as to best practice Desktop audit of ERA 53 sites Publishing and implementation of internal policy guidelines Reduced incidence of environmental harm from leachate and land contamination from harmful wastes Reduced nuisance reporting and burden on resources responding to odour complaints Increased departmental understanding of key issues and risks associated with disposal of drilling mud Intelligence assessment on waste activities associated with drilling muds to determine nature and scope of non- compliance Assessment produced detailing issues and targets for compliance activity Mines, landfills, quarries Water management Conduct pre-wet season preparedness inspections at very high risk mining, landfill and quarry sites Development and publishing guidelines for ERA storm water management Inspections conducted at all sites identified as having very high water management risk Publishing and implementation of guidelines Improved preparedness for anticipated heavy rainfall events Reduced risk of environmental harm from contaminated water release Reduces impact to customers business operations from wet weather impact due to wet weather preparedness Unlined landfills Environmental management of impacts of unlined landfills Pilot program within specific local government areas incorporating desktop audits of unlined landfills generating leachate and subsequent environmental monitoring to determine associated adverse environmental impacts on adjacent sensitive receivers Three targeted pilot programs statewide Increased knowledge regarding the environmental and human health effects of poor leachate management Program will provide direction for future compliance planning to address identified issues 11

15 Capacity Building Activity Program Compliance Strategy Target Level Outcomes Wildlife management Commercial whale watching in state waters Education of operators and the community of their obligations and compliance activities undertaken to identify any legislative breaches Information posted on department website and brochures provided for distribution at suitable locations Provide increased awareness, understanding and compliance of new legal framework Promote self-regulation of vessel operators 12

16 Compliance program action plans Heritage places The Queensland Government is committed to protecting places of heritage significance. The Queensland Heritage Register contains more than 1,700 places of State heritage significance. There are many more local heritage places that have been recognised by local governments. Heritage places trace the history of Queensland's growth and help us revive important stories about the state s development. These places signify some of the most important steps, lives and experiences of the Queenslanders who came before us now conserved by heritage legislation for generations to come. The Queensland Heritage Act 1992 provides for the conservation of Queensland s cultural heritage for the benefit of the community and future generations. Administered by the department, the Act sets out a framework for identifying and protecting heritage places. The economy, natural disasters and population growth have had various impacts on the condition and sustainability of Queensland s heritage places. This has reinforced the important role the department plays in protecting these unique and non-renewable resources. A robust compliance plan is essential in order to protect and conserve heritage from the risk of damage, degradation and destruction. Ensure heritage places of highest of risk are protected from deterioration and damage. Through a risk-based process, identify heritage sites that are at significant risk of deterioration and/or damage. Undertake desktop audits and site inspections of the sites identified as being at significant risk. High risk places identified and compliance priorities determined. Increased capability to target high risk places. Heritage value of vulnerable heritage places preserved. 13

17 Waste movement Safe and effective management of waste in order to prevent environmental harm continues to represent a challenge to the department. Population growth, an increase in major infrastructure projects and recent natural disasters are significant contributing factors to the increase in the volume and movement of waste state-wide. The waste industry has also undergone rapid expansion in recent times and significant involvement in research and development has resulted in new processes to treat and recycle waste. Therefore the department s responsibility to educate and ensure compliance with correct waste acceptance and industry best practice for handling and disposal of regulated waste is increasingly important. The waste industry is subject to a regulatory framework to manage the movement of waste from commercial and industrial activities, and specific types of domestic waste. This incorporates each step in waste handling, from the initial source of generation to the end point where waste is disposed, treated or recycled. Each waste handler generator, transporter and receiver has statutory obligations to ensure effective waste management is achieved. The department is committed to working with industry and the community to develop a waste management strategy that achieves continuous improvement in waste management and resource recovery practices. A review of waste classification and coding is being undertaken to remove ambiguity and improve understanding by customers. Opportunities to educate and improve awareness of waste handlers will be undertaken and bolstered by ongoing engagement and consultation with industry members. In addition, ongoing analysis to identify high risk waste operations and customer performance will support robust compliance projects targeting breaches of legislation that pose the greatest risk to the environment. Ensure correct classification and reporting of waste movement by all waste handlers. Waste receivers are accepting waste in accordance with permit conditions. Correct use and maintenance of regulated waste transport vehicles. Transport and disposal practices of handlers of asbestos and sewage/septic waste. Unlicensed operators. Review waste classification and codes to remove ambiguity and improve understanding by customers. Educate waste handlers and industry through a targeted mail-out and industry alert. Identify high risk waste management activities for targeted compliance activities. Conduct targeted inspections of regulated waste vehicles at static interception sites. Monitor and analyse waste tracking data to identify potential instances of unlicensed operators. Increased understanding by generators of waste management obligations. Reduced number of incidents of waste being released to the environment and the use of vehicles not fit-forpurpose with poor maintenance. Increased detection of non-compliant activity. Timely identification and management of unlicensed activity so action can be taken to bring handlers into compliance. Reduced risk of environmental harm as waste is appropriately handled and treated and unregulated activities are identified. 14

18 Industrial areas The department is concerned about high impact industrial activities, such as manufacturing, processing or recycling, that have the potential to significantly impact the environment through offsite releases. High impact industry development is present in a number of areas throughout the state and, with continuing population growth and urbanisation, these activities pose a potential risk to the environment, particularly during emergency incidents. Extreme weather events, including bushfires, heavy rainfall and flooding, as well as emergency incidents such as fires and chemical spills, have the potential to increase the risk of harm to the environment. Planning and implementation of strategies to mitigate these impacts by industry is essential to ensure the protection of the environment and the safety of the public. The department will proactively inspect those sites identified during this process as high risk, to ensure they have appropriate emergency management and wet weather preparedness plans and controls in place. The cumulative risk and potential impacts on the environment from high impact industry operations in close proximity to residential areas will also be examined. Where necessary, other regulatory agencies will be engaged to work in partnership with the department to provide education and assistance to support sound environmental and workplace practices within high impact industry. Emergency and wet weather plans at high impact industry locations in close proximity to residential areas and sensitive environmental receptors. Review and assess the potential risks to the environment from concentrations of high impact industry throughout the state. Conduct inspections at locations considered to be high risk targeting emergency and wet weather plans. Improved understanding of the risk and potential impacts to the environment during emergency incidents. Robust strategies are in place to mitigate impacts on environment and public safety during extreme weather events and emergency incidents within industrial estates. 15

19 Conventional oil and gas In recent years, Queensland s demand for natural gas has increased. This demand is currently being met through extracting gas from coal seam gas (CSG) reserves and conventional gas reserves. While the focus has been on the emerging CSG to liquefied natural gas industry, conventional gas, which has a history dating back to the early 1970s in Queensland, continues to be extracted on a smaller scale. Conventional gas is regulated by EHP under the Environmental Protection Act 1994, however it poses significant challenges to the department due to the location and isolation of its activities and the age of the infrastructure involved. To monitor compliance of the conventional oil and gas industry, the department is committed to employing contemporary compliance monitoring methodologies, such as remote sensing analysis, to understand the current risks and develop strategies to mitigate these risks. Remote sensing technology has previously been used to successfully monitor changes in vegetation cover. It is currently being trialled within the CSG industry to monitor compliance of activities that are located in remote and isolated locations. Ensure compliance with conditions at conventional oil and gas sites and increase the department s understanding of risk areas within the conventional oil and gas industry. Utilise remote sensing technology and known environmental issues to identify risk areas for proactive targeting. High risk places identified and compliance priorities determined. Conventional oil and gas operators complying with conditions. 16

20 CSG/LNG industry The coal seam gas (CSG) to liquefied natural gas (LNG) industry in Queensland continues to rapidly expand. During the last 12 months in particular, the industry has undertaken significant activity with the construction of export pipelines and associated works across The Narrows in Gladstone. Given the level of risk associated with this industry, and to ensure the environmental impacts of this industry are appropriately monitored and effectively managed, the department implements an annual CSG/LNG compliance plan. This plan outlines how the government will manage the risks and potential environmental impacts associated with the CSG to LNG industry. There are a number of ongoing risks associated with the CSG to LNG industry which require continued monitoring by the department. These risks include those associated with: hydraulic fracturing activities groundwater extraction management of dams and water quality at discharge points construction activities within the gas fields. These activities will be continuously monitored by the department throughout the life of the CSG to LNG industry. As the industry progresses, new and emerging issues are identified and need to be addressed through proactive strategic compliance projects. These risks are identified through intelligence gleaned from industry developments, public and industry reported information and information gathered during compliance activities. For , the areas identified for focused attention are: camps and management of sewage treatment plants and offsite transport of effluent the management of CSG generated waste pipeline construction activities, including activities associated with pipeline construction across The Narrows rehabilitation, coastal works and erosion and sediment controls at the LNG sites. In addition, the department has started using remote sensing technology to examine levels of compliance in relation to vegetation clearing and construction of infrastructure in close proximity to environmentally sensitive areas. This technology allows the department to monitor activities in remote and isolated locations as well as activities that extend over vast spaces of land. Hydraulic fracturing activities. Groundwater extraction. Management of dams and water quality at discharge points. Construction activities within the gas fields. Camps and management of sewage treatment plants and offsite transport of effluent. Management of CSG generated waste. Pipeline construction activities, including activities associated with pipeline construction across The Narrows. Rehabilitation, coastal works and erosion and sediment controls at the LNG sites. Implement a CSG/LNG compliance plan that clearly outlines the department s proposed strategies to manage current and emerging risks within the CSG to LNG industry. Environmental and natural resource impacts of the CSG to LNG industry are appropriately and effectively managed. 17

21 Macropod management The commercial harvesting of macropods (kangaroos and wallaroos) in Queensland is regulated through legislation. Compliance is required to prevent overharvesting, illegal trade and identify any animal welfare issues. Whilst macropods are classified as least concern wildlife under the Nature Conservation Act 1992, they continue to be a valuable part of Queensland s ecosystems and are a symbol of the nation s identity. Macropods have been commercially harvested in Australia for more than a century and the annual harvest usually exceeds one million. Commercially harvested macropods are used to produce high quality leather, fur and meat products. The Australian Government controls the export of wildlife products. To ensure macropods are conserved, and any commercial harvesting is ecologically sustainable, each state is required to prepare a Wildlife Trade Management Plan under the Environment Protection and Biodiversity Conservation Act 1999 before export is allowed. To facilitate this requirement, the department has prepared the Queensland Wildlife Trade Management Plan for Export Commercially Harvested Macropods ( ). This plan is current for the period 1 January 2013 and 31 December 2018 and details: how macropod harvesting and dealing will be regulated how the macropod populations will be monitored how over-harvesting and illegal harvesting will be prevented other conservation practices. Under this plan, the department will continue to undertake risk based proactive compliance activities on commercial harvesting operations at dealer and processing sites and licenced harvesters. Illegal harvesting and over-harvesting of macropod populations. Non-compliance with the Nature Conservation Act 1992 and Regulations, the Nature Conservation (Macropod) Conservation Plan 2005, and the code of practice. Risk based site inspections and compliance activities on commercial harvesting operations at dealer and processing sites. Macropod population is sustained. Humane treatment of commercially-harvested macropods. Voluntary compliance and engagement with industry. 18

22 Flying-foxes Flying-foxes are the largest flying mammals in the world, acting as long-range seed dispersers and pollinators for a large variety of native trees. As gaps between forested areas become wider, flying-foxes are being found in backyards and orchards, and even establishing new roost sites in urban areas. This can bring flying-foxes into conflict with people. The Queensland Government has developed a new policy to manage flying-fox roosts, particularly in urban areas. Currently, if flying-foxes are impacting on the health and wellbeing of the public, or causing damage in a community, landowners or councils can apply for a damage mitigation permit (DMP). Whilst the department encourages the use of flying-fox deterrents that are non-harmful, in certain circumstances the use of lethal measures (shooting) are permitted to control flying-fox damage to crops. Flying-foxes and their management have been subject to increased public interest and scrutiny due to recent incidents of persons and/or animals being infected with Hendra virus and Australian Bat Lyssavirus. At the same time flying-foxes are an integral part of Queensland s forest ecosystems through their contribution to pollination and native plant seed dispersal. To mitigate the impact of take and ensure the sustainability of the flying-fox population and protect their habitat, the department will investigate incidences of illegal take of flying fox as identified. Compliance with lethal permits. Targeted compliance of lethal permit holders and investigation of all illegal take of flying-foxes. Ecologically sustainable lethal take of flying-foxes. 19

23 Domestic trade in wildlife Illegal trade of protected wildlife can adversely impact on local wildlife populations, particularly where threatened species are involved. The department is committed to compliance activities and strong enforcement actions resulting from investigations and intelligence collection, sharing and analysis to prevent and deter illegal wildlife trade. Illegal wildlife trade in Queensland is generally committed by individuals or small groups. The modus operandi most commonly identified in Queensland involves individuals filling orders by taking species from the wild. It can also involve holders of wildlife licences, whether they are Commercial Wildlife Licences (CWL), Commercial Wildlife Harvest Licence (CWHL), Recreational Wildlife Licences (RWL), Damage Mitigation Permits (DMP) or Wildlife Demonstrator Licences (WDL), concealing illegal operations behind what appear to be legitimate activities. Queensland s nature conservation legislation, including the Nature Conservation Act 1992 and its subordinate regulations, identify this issue by providing substantial fines for administrative offences or book offences. The department will examine the feasibility of electronic lodgement and tracking of all wildlife movement records to reduce administrative workload. It will also examine the subsequent improvement of analysis in tracking wildlife movements to identify trends and gather intelligence in relation to illegal wildlife trade. Advancements in technology have also provided opportunities for persons involved in illegal wildlife trade. Trade via the internet has been identified as a key enabler for illegal wildlife trade and the low risk of identification is a potential risk area for growth in wildlife trade in Queensland. The department has also identified an increase in complaints received regarding similar activity online and will be undertaking a compliance project to proactively monitor internet advertisements to identify any illegal activity and increase the detection of illegal wildlife trade. Illegal trade in protected wildlife including online trade. Strong enforcement actions resulting from investigations and intelligence collection, sharing and analysis. Improvement in tracking of wildlife movements and intelligence analysis to identify illegal wildlife trade. Proactive monitoring of internet websites, advertisements and social media. Disruption of illegal wildlife operations. Enhanced compliance of wildlife movements. Increased analysis of wildlife movements to identify trends and gather intelligence in relation to illegal wildlife trade. Reduced administrative workload in processing paper wildlife movements. Increased detection of illegal wildlife trade occurring online. 20

24 Domestic trade in turtle and dungong meat Dugong and turtle populations are at risk from increased poaching activities. Some of these activities are believed to be associated with inhumane slaughtering for commercial trade in meat products. Illegal hunting may be a significant threat to the recovery of dugong populations that are already under pressure from habitat loss and incidental kills. Whilst traditional owners are entitled to hunt dugong and turtles for noncommercial use under custom and tradition, commercial trade of the meat is illegal. As part of the annual compliance plan, illegal trade and dugong meat was targeted through a proactive joint-agency operation with the Queensland Police Services, the Australian Police Service and the Australian Customs and Border Protection Service. During this project one penalty infringement notice was issued and significant intelligence was gathered which will provide greater insight to illegal activity. Due to the considered risk of illegal trade in dugong and turtle meat, the department will continue this program and undertake multi-jurisdictional compliance activities throughout the year to identify, disrupt and enforce any illegal trade in turtle and dugong meat. Trade in dugong and turtle meat. Undertake compliance activities through targeted vehicle inspections, observations of suspect packages at airports and vessel patrols in Torres Strait. Disruption of any illegal activity and further information and intelligence gathered. 21

25 Contaminated Land The department recognises that contaminated land professionals have an important role in ensuring land contamination matters are appropriately assessed and managed. Under the Environmental Protection Act 1994 (EP Act), all site investigation and validation work relating to land contamination must be undertaken by a Suitably Qualified Person before being submitted to the department for a statutory decision. Under section 565 of the EP Act, landowners, occupiers and property developers must employ the services of a SQP with experience in land contamination matters, to undertake: site investigation of the land validation reporting of successful remediation drafting of site management plans for the management of contamination on the site. SQPs are persons that have the necessary qualifications and experience to perform the regulatory functions required under the EP Act. Their role is to assess the contamination and ensure that risks to human health and the environment have been appropriately managed. A SQP must: hold current membership in a professional organisation prescribed under the Environmental Protection Regulation 2008 (EP Reg) Schedule 8 possess qualifications and experience relevant to the regulatory function undertaken on a particular site. Membership of a prescribed organisation does not guarantee the person or consulting firm has the necessary skills and background to conduct contaminated land site investigations. As contaminated land can result from a range of industrial or commercial activities, the site investigation and remediation will generally be site-specific. To be a SQP, the member must also have appropriate qualifications and experience relevant to the contaminated site investigation to be undertaken. Investigating contaminated land requires technical expertise, so the process for finding an appropriate SQP for your investigation should be undertaken carefully. The process for choosing a professional and competent SQP for contaminated land work should be similar to the process for purchasing any professional service. Ensure suitably qualified persons are employed to undertake all site investigation and validation work relating to land contamination. Undertake desktop audit of suitably qualified persons. Persons providing the department with information are suitably qualified and land contamination matters are appropriately addressed and managed. 22

26 Heavy industry Gladstone Gladstone is home to the state s largest multi-commodity port and some of the oldest and largest major industry operations, as well as new resource related industries including the liquefied natural gas industry. However, these industries are within close proximity to environmentally sensitive areas such as the Calliope River, its catchment areas and the Great Barrier Reef Marine Park. As a result, the Gladstone area provides unique challenges as the management of industry activity must protect the environment whilst promoting adaptability and sustainability for the benefit of current and future generations. To monitor compliance, the department undertakes proactive compliance activities targeting high risk industrial sites in Gladstone. Positive results have been achieved during the last year specifically with improvements in the performance of industry. Nonetheless, the health of wildlife and ecosystems, air and water quality in the area remain an important priority and therefore the performance of heavy industry in Gladstone will continue to be monitored to ensure environmental compliance. Heavy industry in Gladstone is compliant with permit conditions. Proactive compliance inspection program targeting very high risk sites. Risk of environmental harm resulting from poor performance is reduced and customers bought back into compliance. 23