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