LIFE AFTER LANDFILL – THE TRANSITION FROM LANDFILLS TO RESOURCE RECOVERY AND TRANSFER
STATION27 September 2007
"Planning – Guidance on Planning Issues and Timing for Decisions"
Alex Eadie, Principal Environmental Officer
Environmental Impact Assessment (EIA) Unit
Assessment Branch
Planning SA
PROCESSES FOR DECISION ON WASTE PROJECTS
• Development Assessment Commission Process
• Major Developments Process
DEVELOPMENT ASSESSMENT COMMISSION PROCESS
• Application to Council
• DAC is authority for waste applications
• Schedule 8 of Development Regulations
- Activity of environmental significance (refers to schedule 21)
- Activity of Major Environmental significance (refers to schedule 22)
• Schedule 21
- 5(3) composting, organic fertiliser and soil conditioner works >20 tonnes/year
• Schedule 22
- 3(3) Waste or recycling depot
- 6(3) Composting works > 200 tonnes/year
• Requires referral to EPA
SCHEDULE 5 OF DEVELOPMENT ACT REGULATIONS REQUIREMENTS FOR PLANS AND SPECIFICATIONS
• Site plans – location of proposed development, position and dimensions of proposed and existing structures, topographical features, levels and slope of land, drainage, effluent disposal, internal layout
• Plan or description of – location relative to adjacent land, distance to nearest building, location of water bodies
• Detailed description of activities – methods to minimise impacts (noise, odour, fumes, dust, and other emissions), arrangement for storage, disposal of waste, stormwater and sewerage, traffic movements, hours of operation, excavations required and soil erosion control
FUNDAMENTAL INFORMATION REQUIRED
• Types, quantities of materials to be received
• Groundwater level and water quality below the site and requirements for lining and leachate collection (organics recycling and processing facilities)
• Impacts on amenity – odour, noise, dust – may include need for modelling
• Landscaping and decommissioning re-vegetation
• Visual impacts
• Buffers
• Draft Environmental Management Plan
• Refer to Planning SA and EPA guidelines
SUMMARY OF MAJOR DEVELOPMENT ASSESSMENT PROCESS
SUMMARY OF MAJOR DEVELOPMENT ASSESSMENT PROCESS
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE (cont)
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE (cont)AUTHORITYAUTHORITY
(Cont)DEVELOPMEN
T ASSESSMENT COMMISSION
(Cont)DEVELOPMEN
T ASSESSMENT COMMISSION
Decision on Appropriate Level of Assessment (e.g. EIS, PER, RD)
Decision on Appropriate Level of Assessment (e.g. EIS, PER, RD)
Preparation of GuidelinesPreparation of Guidelines
MINISTERMINISTER Declaration as a Major DevelopmentDeclaration as a Major Development
SUMMARY OF MAJOR DEVELOPMENT ASSESSMENT PROCESS
SUMMARY OF MAJOR DEVELOPMENT ASSESSMENT PROCESS
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE (cont)
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE (cont)AUTHORITYAUTHORITY
MINISTER(Consultation
and Assessment)
MINISTER(Consultation
and Assessment)
EIS, PER, RD Prepared by proponentEIS, PER, RD Prepared by proponent
Document released for public comment
Document released for public comment
Comments provided to proponentComments provided to proponent
SUMMARY OF MAJOR DEVELOPMENT ASSESSMENT PROCESS
SUMMARY OF MAJOR DEVELOPMENT ASSESSMENT PROCESS
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE (cont)
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE (cont)AUTHORITYAUTHORITY
(Cont)MINISTER
(Consultation and
Assessment)
(Cont)MINISTER
(Consultation and
Assessment)
Response prepared by proponentResponse prepared by proponent
Assessment Report prepared and released to the public by MinisterAssessment Report prepared and released to the public by Minister
GOVERNOR(Decision)
GOVERNOR(Decision) Decision made by GovernorDecision made by Governor
WHAT IS THE NATURE OF APPROVAL?
• Relates to the project and plans that were assessed and these are referenced in the decision notice
• Approval runs with the land
• Any departures from the assessed and approved development may require additional approval
• In terms of DAC process – decision can be made under delegation or may need to go to full DAC
• In terms of Major Developments process
- Governor delegates decision on minor amendments to DAC
- if amendments affect the substance of development, may need Amended EIS, PER , RD and decision by Governor
PROCESS TAKES TIME• Has to fit in with DAC fortnightly meetings – 3 months statutory, but
typically 6-9 months
• Referral to EPA mandatory – 6 weeks for comment, may stop clock if insufficient information and EPA can direct refusal or direct conditions for activity of major environmental significance
• If Major Development, number of steps - Declaration - Issues Paper - Guidelines - Proponent prepares documentation - Consultation and public meeting - Response document - Assessment report - Decision by Governor and Gazettal
PROBLEMS ENCOUNTERED
• Unrealistic expectations on time for decision
• Insufficient or incorrect technical information
• Inconsistent information provided in application, appendices and management plans
• Lack of early consultation with government
• Design not in accordance with accepted best practice and guidelines
HOW DO WE IMPROVE PROCESS?
For Planning Authority
• Explain process and make sure timelines and requirements of other agencies are well understood (particularly for Major Developments)
• Be more specific on information required (i.e. site specific boreholes to define groundwater conditions, odour modelling, noise assessment)
• Be aware of budgetary issues facing regional local government
• Consult more with proponent throughout the assessment process
• Following approval make sure proponent is aware of the conditions and what has to be done before construction or commencement of operations
HOW DO WE IMPROVE PROCESS?
For Councils and Industry
• Plan well ahead of need for development or expansion
• Accept there is core information that is required with application – delays may occur if insufficient
• Significant amendment to accepted practice requires careful investigation and design and takes time to accumulate
• There is a process that is driven by legislation and it takes time
• Comply with conditions of approval and stick to commitments made in application
• Operate for reasonable period of time before seeking amendments – demonstrate you are a good operator
Photo courtesy WMAA
Photo courtesy WMAA
THANK YOU&
QUESTIONS