III. ANALYSIS OF THE TYPES OF MEASURES BEING USED AT THE SECTOR LEVEL INTEGRATE ENVIRONMENTAL CONSIDERATIONS INTO THE DECISION-MAKING PROCESSES

[ A | B | C | D | E ]

D. Proposed environmental regulation framework and underlying principles

[ D | D-1 | D-2 | D-3 | D-4 | D-5 ]

2. Proposed framework

The environmental regulation framework will involve those environmental decisions for which the Department of Environment and Conservation currently has responsibility. For example, the function of allocating water rights will continue to be administered by the Bureau of Water Resources under the Water Resources Act, but water discharge permits will be incorporated in the current proposals.

Components of the regulatory framework are likely to include:

• Environmental standards for discharges and other environmental practices for particular industries;
• A site-specific environmental approvals system providing for the environmental management and monitoring programmes to be negotiated with developers;
• EIAs for the major projects;
• Negotiated environmental improvement plans which set the framework for incremental improvements in environmental outcomes;
• Regulations defining those development activities which require site-specific environmental approval;
• Guidelines for conducting EIAs;
• Procedures for the ongoing management and enforcement of the environmental approval conditions.

The regulatory framework will be based on three different streams of regulations: standards, codes and regulations; environmental approvals; and EIA.

(a) Standards, codes and regulations

A series of standards, regulations and codes will form the basis of the regulatory framework. They will cover maximum discharge levels and ambient quality standards for the receiving environment, as well as specifying requirements for the activities of some specific industries. Standards will also be set for handling wastes and hazardous substances. Such standards and regulations will provide a safety net in that they will set a minimum level of environmental protection applying to all activities, whether or not they are regulated by the Department of Environment and Conservation in any other way.

(b) Environmental approvals

The environmental approvals system will be defined to allow site-specific environmental conditions to be set for activities with more significant potential impacts. The system will incorporate the existing Bureau of Water Resources water discharge permits, the contaminants under ECA, and the environmental plan approvals issued under EPA.

(c) Environmental impact assessmen

In the case of major projects with the potential for major environmental impact, an EIA process will provide the mechanism for thoroughly examining the environmental effects of those projects. EIAs will form the basis for determining the approval conditions for the projects.

Figure III shows how the three streams will be regulated. Stream 3 projects will be classified as those with major environmental and social implications. Stream 2 projects will be those with no far-reaching implications, while stream 1 projects will be those with relatively minor impacts. The decisions concerning the approval of stream 3 projects will be directly accountable to Parliament. Accordingly, the responsibility for approval will rest directly with the minister responsible for the Department of Environment and Conservation. Prior to approval, it is proposed to forward a preliminary decision on the approval to an Environmental

Protection Board for advertisement and public comment before being recommended to the minister. The minister may then accept or reject the recommendation.

Source: Department of Environment and Conservation, 1996.

Figure III. Proposed environmental regulation framework

Approval for stream 2 projects will be given by the head of the Department of Environment and Conservation. Stream 1 projects will not require site-specific approval by the Department of Environment and Conservation, although they may require the approval of another national, provincial or local-level government agency.

The proposed Environmental Protection Board will provide technical advice on conditions attached to licences for major developments. The Board will take on the roles of existing Boards, including the Environmental Contaminants Advisory Board established under ECA, and some of the functions currently exercised by the Water Resources Board under the Water Resources Act. However, the functions related to water abstraction licences will remain with the Water Resources Board. The Environmental Protection Board will have a membership of approximately six, with members coming from the technical disciplines which are relevant to environmental decision-making (e.g., water and air quality, and social impact issues). The functions of the Board will be to:

• Review the proposed conditions for the approval of major developments;
• Recommend the standards to the minister, and recommend guidelines and procedures made by the department head;
• Review the standard conditions for environmental approvals;
• Review the technical merits of decisions by departmental head in relation to stream 2 activities, and recommend any change to the decision;
• Recommend to the minister that NEC convene a Board of Review in relation to a decision by the minister on a stream 3 project, in instances where a party requests a review on technical merits.

An important feature of the environmental regulation framework is the provision to enable provincial governments to exercise powers over appropriate aspects of the regulatory process. Under the proposals, provincial governments and local authorities will be primarily responsible for compliance monitoring of stream 1 projects. They may also require additional approvals for those activities, where necessary, and they will be required to assist the Department of Environment and Conservation to oversee stream 2 projects in accordance with the department guidelines.

The proposed framework will also make provision for other agencies to exercise responsibility for regulating those activities which are most appropriately regulated at the local, regional or provincial level, while also providing for cooperation, consultation and involvement in the national government decision-making processes. Under the current national government reform programme, government policy has been to decentralize the extension aspects of public administration in all sectors, including the environment. The Department of Environment and Conservation plans to continue supporting the extension work that is an essential element of effective implementation of the regulatory framework as well as the involvement of the local communities in the decision-making.

Table 6 summarizes the proposed decision-making structures as they relate to each of the three streams.

Table 6. Proposed decision-making structures

Source: Department of Environment and Conservation, 1996.

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