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National Environment Protection Council annual report 2007–2008

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National Environment Protection Council Annual Report 2007-2008N a t i o n a l E n v i r o n m e n t P r o t e c t i o n C o u n c i l
annua l r epor t 2 0 0 7 – 2 0 0 8
a n n u a l r e p o r t 2 0 0 7 • 2 0 0 8
Annual Report 2007–08
Australian State and Territory.
ISBN 978–1–921173–36–3
This work is copyright. It has been produced by the National Environment
Protection Council (NEPC). Apart from any use as permitted under the
Copyright Act 1968, no part may be reproduced by any process without
prior permission from the NEPC. Requests and enquiries concerning
reproduction and rights should be addressed to the Executive Officer, NEPC
Service Corporation, Level 5, 81 Flinders Street, Adelaide SA 5000.
Acknowledgement for photographs to Patrick Logistics, Tasman District
Council (NZ), Craig Arnold, Bronwyn Gobbett, David Whittenbury,
and Scott Brooks
Foreword
Australian governments share the community’s concerns about air quality, water quality
and the management of commercial and household waste. All governments are working
cooperatively through the Environment Protection and Heritage Council, which incorporates
the National Environment Protection Council, to tackle these and other key concerns about
the environment.
As the Minister for the Environment, Heritage and the Arts and Chairperson of the Council,
I fully appreciate the urgent need to address these significant issues. I am therefore pleased to be able to report
on the good progress made over the past year by the Council.
During 2007-08, Council continued its work on waste management, air and water pollution, water recycling
and the environmental management of chemicals.
Council has had a strong focus on waste management issues and advanced a number of initiatives to tackle
the growing volume of waste in Australia. Council released a public consultation package (including a draft
agreement with industry and a draft National Environment Protection Measure (NEPM)) for a co-regulatory
framework for the management of end-of-life tyres, and is working towards arrangements for end-of-life
computers and television sets. A particular priority for the year ahead will be the development of a national
waste policy to provide a coherent framework for waste management in Australia.
Packaging waste continues to be a key issue for Council and I am pleased to report an increase in the
packaging recycling rate for this year. This is due to the collaborative action of governments and industry under
the National Packaging Covenant and the underpinning legislation provided by the Used Packaging Materials
NEPM. Council also commenced an investigation of the merits of a national container deposit system.
The diversion of industrial wastes to productive uses can benefit industry and the farming community if
properly managed, and Council, together with the Primary Industries Ministerial Council is investigating
an approach to assessing contaminant types and levels in industrial residues and fertilisers. The Assessment
of Site Contamination NEPM provides a nationally harmonised approach to assessing cleanup requirements
for contaminated sites, and Council is developing a variation to this NEPM, taking account of advances in
scientif ic knowledge and technology.
The quality of the air we breathe is vital to our health. Council has advanced the review of the Ambient Air
Quality NEPM, which is the nation’s major tool for managing ambient air quality. The review is considering
the latest health evidence and international trends in air quality policy to recommend actions needed to ensure
that Australians are adequately protected from air pollution.
Meeting the air quality challenge in many of Australia’s urban areas requires an increasing focus on all key
sources of emissions. Recognising the signif icant contribution diesel vehicles make to air pollution, the
Council has taken steps to vary the Diesel Vehicle Emissions NEPM to ensure it adequately reflects changes
to Australia’s diesel fleet and the availability of new technologies. Council is also investigating management
options to reduce emissions from marine outboard and garden equipment engines, as well as from paints.
Following the introduction of the National Greenhouse and Energy Reporting Act 2007 (Commonwealth),
Council commenced work to remove overlapping provisions in the National Pollutant Inventory (NPI) NEPM.
The NPI now includes reporting of transfers of NPI substances in wastes going to f inal destinations, such
as landfills and tailings dams, and work is underway to incorporate these requirements into industry
reporting handbooks.
With water conservation and management becoming a critical issue, Council continues to work with the
Natural Resource Management Ministerial Council on water recycling and reuse without risking human health
or the environment. Council endorsed the guidelines for the Augmentation of Drinking Water Supplies, part
of the Australian Guidelines for Water Recycling, and released draft guidelines for stormwater reuse and
managed aquifer recharge for public consultation.
National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8 iii
Foreword (continued)
Managing the environmental impacts of the considerable number of chemicals in use in Australia (more than
40,000) is a signif icant challenge. Council has worked with the Productivity Commission in its enquiry into
chemicals and plastics regulation, from which is expected to emerge recommendations for an enhanced role
for Council in the management of environmental impacts of chemicals.
Following the review of the National Environment Protection Council Acts, Council published its response
to the review and is now developing amendments to the Acts designed to strengthen the NEPC system.
I would like to thank all Council members and those working with the Council for their efforts during 2007-08
in furthering the national environmental protection agenda.
Peter Garrett AM Chairman National Environment Protection Council
National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8 iv
Members of the National Environment Protection Council
2 0 0 7 – 0 8
C O M M O N W E A LT H
The Hon. Malcolm Turnbull MP
Minister for the Environment and Water Resources
Chairman
(to 3 December 2007)
C O M M O N W E A LT H
The Hon. Peter Garrett AM MP
Minister for the Environment, Heritage and the Arts
Chairman
(from 28 January 2008)
N E W S O U T H WA L E S
The Hon.
Q U E E N S L A N D
The Hon.
The Hon. Paula Wriedt MHA
Minister for Tourism, Arts
(to 9 April 2008)
N E W S O U T H WA L E S
The Hon. Verity Firth MP
Minister for Climate Change
Q U E E N S L A N D
The Hon.
The Hon.
(from 9 April 2008)
The Hon. John Thwaites MP
Minister for Environment
(to 27 July 2007)
W E S T E R N AU S T R A L I A
The Hon.
AU S T R A L I A N
C A P I TA L T E R R I TO RY
Mr Jon Stanhope MLA
Minister for the Environment,
Water and Climate Change
The Hon. Gavin Jennings MP
Minister for Environment
and Climate Change
(from 18 February 2008)
S O U T H AU S T R A L I A
The Hon. Gail Gago MLC
Minister for Environment
T E R R I TO RY
Ms Marion Scrymgour MLA
Minister for Natural Resources,
(to 12 August 2007)
National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8 v
vi
Members of the National Environment Protection Council
2 0 0 7 – 0 8 (continued)
N O R T H E R N T E R R I TO RY
The Hon. Delia Lawrie MLA
Minister for Natural Resources,
(from 12 August 2007
to 4 January 2008)
N O R T H E R N T E R R I TO RY
The Hon. Len Kiely MLA
Minister for Natural Resources,
Members of the National Environment Protection Council 2007–08 v
About NEPC 1
NEPC — Major Activities 3
NEPC Act Review 7
NEPC Service Corporation — Operations Report 9
NEPMs — Activities 14
EPHC Activities 17
Assessment of the Implementation and Effectiveness of NEPMs 21
NEPC Reports on the implementation of NEPMs Air Toxics 23 Ambient Air Quality 29 Assessment of Site Contamination 35 Diesel Vehicle Emissions 41 Movement of Controlled Waste between States and Territories 47 National Pollutant Inventory 57 Used Packaging Materials 65
Statement by Auditor 72
Financial Statements 75
Appendix 2: Project Teams and Working Groups — Membership 101
Appendix 3: Publications (since 1996) 112
Appendix 4: NEPM Development — How NEPMs Are Made 119
Appendix 5: NEPM Development Model — Flow Chart 122
Appendix 6: Implementation and Effectiveness of NEPMs 123
Air Toxics 125 Commonwealth 127 New South Wales 129 Victoria 132 Queensland 137 Western Australia 140 South Australia 143 Tasmania 146 Australian Capital Territory 148 Northern Territory 149
Ambient Air Quality 151 Commonwealth 153 New South Wales 155 Victoria 164 Queensland 171 Western Australia 177 South Australia 183 Tasmania 189 Australian Capital Territory 192 Northern Territory 194
National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8 vii
Contents (continued)
Commonwealth
Appendix 7: Glossary 330
viii National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
About NEPC
(NEPC) stems from the Special Premiers’ Conference
held in October 1990, at which the Prime Minister,
Premiers and Chief Ministers agreed to develop an
Intergovernmental Agreement on the Environment.
The Agreement came into effect on 1 May 1992.
The Agreement includes provision for the establishment
of a national body with responsibility for making
National Environment Protection Measures (NEPMs)
with the objectives of ensuring that:
• the people of Australia enjoy the benefit of
equivalent protection from air, water and soil
pollution and from noise wherever they live
• decisions by businesses are not distorted and
markets are not fragmented by variations
between jurisdictions in relation to the adoption
or implementation of major environment
protection measures.
and all state and territory governments) have
complementary legislation establishing the National
Environment Protection Council, which is a statutory
body with law-making powers.
necessarily environment ministers, appointed by the
principal ministers of participating jurisdictions.
The NEPC and the NEPC Committee are assisted and
supported by the NEPC Service Corporation, which
is managed by the NEPC Executive Officer.
The NEPC has two primary functions:
• to make National Environment Protection
Measures (NEPMs)
effectiveness in participating jurisdictions.
instruments defined in the National Environment
Protection Council Act 1994 (Cwlth). They outline
agreed national objectives for protecting or managing
particular aspects of the environment. NEPMs are
similar to Environmental Protection Policies at the
state level. NEPMs may consist of any combination
of environmental protection goals, standards,
protocols and guidelines.
environmental protection that they may address,
and the process for developing them are outlined
in Appendices 4 and 5.
Implementation of NEPMs is the responsibility of
each participating jurisdiction, and each minister
on the NEPC reports to the NEPC each year on the
implementation of each NEPM in his/her jurisdiction.
A B
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Executive Officer’s Report
The NEPC and the EPHC continued to devote signif icant resources in 2007–08 to environmental protection
issues, particularly air quality, waste management, assessment of site contamination, reporting of emissions
of substances to the environment, chemicals management, and water reuse and recycling.
The Council developed a response to the second review of the National Environment Protection Council Acts
and has commenced work on implementing outcomes—in particular, amendments to the NEPC Acts to enable
NEPC to broaden the environmental issues for which NEPMs may be developed, and reviewing its NEPM
development and implementation processes and working protocols with a view to their enhancement.
I should like to acknowledge the Commonwealth, state and territory governments, all of which are members
of NEPC and NEPC Committee, as well as the other members and observers on the Environment Protection
and Heritage Standing Committee for their cooperation in managing the national environmental protection
agenda throughout 2007–08. I should also like to thank members of the NEPC/EPHC project teams and working
groups who deliver the work program.
The staff of the NEPC Service Corporation has continued to provide highly regarded project management and
support services to the Council, NEPC Committee, EPH Standing Committee and the project teams and working
groups, as well as secretariat services to the Council and its principal committees. My staff has ensured the
eff icient organisation of meetings as well as the implementation of the Council’s work program.
I should also like to acknowledge our many stakeholders for their efforts and input into the NEPC/EPHC over
the past year.
Dr Bruce Kennedy
Executive Officer
2 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
NEPC — Major Activities
(EPHC) incorporates the National Environment
Protection Council.
is established under statute (the NEPC Acts of the
Commonwealth, states and territories) and has the
ability to make national regulatory instruments
(National Environment Protection Measures), it
retains its distinct status within EPHC. All members
of NEPC are members of EPHC.
The National Environment Protection Council met
once in 2007–08, as part of the Environment Protection
and Heritage Council. A meeting scheduled for
November 2007 did not take place because of the
Federal election held at that time.
Major activities undertaken by NEPC and EPHC
in 2007–08 are summarised below.
COUNCIL MEETING — MELBOURNE,
17 APRIL 2008
to the Review of the NEPC Acts
– requested advice from NEPC Committee and
EPH Standing Committee on amendments
to the NEPC Acts and on means by which
improvements to implementation, and reporting
on implementation, of NEPMs may be made
– requested an independent review of NEPC
protocols and process documentation
Expectation by the Council and a Statement
of Intent by the NEPC Executive Officer
• Climate change
gas reporting provisions from the National
Pollutant Inventory NEPM, following passage
of the National Greenhouse and Energy Reporting
Act 2007
• Air quality
Emissions NEPM
on performance indicators for compliance
programs for the Diesel Vehicle Emissions NEPM
• Product stewardship and waste management
– approved the release of the draft NEPM for Tyres
for public consultation as part of a package for
the management of scrap tyres (in conjunction
with EPHC)
Emissions NEPM
on performance indicators for compliance
programs for the Diesel Vehicle Emissions NEPM
• Amenity
jointly with the National Transport Commission
EPHC
consideration at its next meeting in November
2008. The plan reinforces priority areas
previously established by Council, for example:
– vehicle fuel eff iciency and travel demand
strategies
change policies
• Climate change
the face of climate change, and that the Natural
Resources Management Ministerial Council
would manage these issues
how impediments to the development of wind
power may be addressed, and invited the
participation of the Local Government and
Planning Ministers’ Council in this exercise
– requested an investigation on whether there was
a need for a national approach to the control
of emissions of landfill gas
• Product stewardship and waste management
– released a consultation package on the
management of end-of-life tyres (in conjunction
with NEPC)
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of the National Packaging Covenant
– published a report on complementary economic
mechanisms for the National Packaging
Covenant, and requested the National Packaging
Covenant Council to provide advice on those
economic mechanisms which it considered
would best support the current Covenant
– requested EPH Standing Committee to make
a submission to the upcoming review of the
Commonwealth’s Product Stewardship for
Oil Program
options to reduce the impacts of plastic bags
and a research report on the use of retail plastic
bags, and noted actions being taken by Victoria
and South Australia in relation to the management
of plastic bags
for national measures (including container
deposit legislation) to address resource
eff iciency, environmental impacts and the
reduction of litter from packaging wastes such
as beverage containers
Quality Management Strategy Australian
Augmentation of Drinking Water Supplies
as a supplement to the Phase 1 Guidelines
approved by Council in 2006–07
– released the draft documents National Water
Quality Management Strategy Australian
Managed Aquifer Recharge and Stormwater
Re-use for public consultation
not been significantly impeded by a lack
of standards for water recycling products
• Amenity
the need for a national approach to noise
labelling of portable equipment
advisory body comprising representatives from
all property-specif ic former World Heritage
Ministerial Councils (except the Great Barrier
Reef Ministerial Council) following a decision
by the Council of Australian Governments
(COAG) that EPHC would provide the umbrella
for such activities in Australia
– noted that principles for management and
funding for world heritage areas, as well
as an intergovernmental agreement for their
management, would be developed
Heritage Agenda, principles for consistent
heritage criteria across all jurisdictions
– noted issues raised by the Productivity
Commission in its Report on Historic Heritage
4 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
NEPC Committee — Major Activities
Committee (NEPC Committee) is incorporated within
the Environment Protection and Heritage Standing
Committee (EPH Standing Committee). As with the
NEPC, the NEPC Committee retains its identity and
statutory functions. All members of the NEPC Committee
are members of the EPH Standing Committee.
The NEPC Committee met four times in 2007–08
(September, December, March and June) as part of
the EPH Standing Committee. Two meetings were
face-to-face and two were by teleconference.
The activities of the NEPC Committee and the EPH
Standing Committee included the following.
NEPC Committee
of the NEPC Acts for consideration by the Council
• developed draft proposals for implementation of
the outcomes of the Review of the NEPC Acts for
consideration by the Council
consideration by the Council and provided advice
on a draft Statement of Intent by the NEPC
Executive Officer
and f ilter criteria
for the review of the Ambient Air Quality NEPM
• accepted the Annual Report of the Ambient Air
Quality NEPM Peer Review Committee, and received
reports from all jurisdictions on compliance with
the Ambient Air Quality NEPM for 2006–07
• endorsed, under delegation from the Council, the
Reports by the National Environment Protection
Council of its overall assessments of the
implementation and effectiveness of all NEPMs
for the reporting year ended 30 June 2007
• approved, under delegation from the Council, the
2006–07 NEPC Annual Report.
EPH Standing Committee
consideration by the Council
in the context of national policy development, in
particular the role of the Office of Best Practice
Regulation in relation to environmental policy
– agreed to develop an implementation plan for a
coordinated Australian Environmental Reporting
Resources Management Standing Committee
Landscape Connectivity project and issues
associated with the management of protected
areas (subsequently referred to the Natural
Resources Management Ministerial Council)
project teams and working groups
• Climate change
Efficiency and the Travel Demand Management
Strategy Working Groups
own activities
the planning of further research into disposal
and recycling options for end-of-life compact
fluorescent lamps
a national wind farm code
• Air quality
volumes of paints sold in Australia, and approved
a review of national policy options for managing
emissions from paints containing volatile
organic compounds
a cost–benefit analysis for regulatory and
non-regulatory approaches to the management
of emissions from small engines (including
garden equipment and marine outboards)
– recognised the need for a nationally consistent
approach to the management of emissions from
wood heaters
– provided continued f inancial support to the
National Packaging Covenant
S
5National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
N E
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National Packaging Covenant
recovery and recycling of batteries by the industry-
based Australian Battery Recycling Initiative
– noted a proposal by the electronics and electrical
industry to develop a voluntary industry-led
Restriction of Hazardous Substances Code of
Practice for Australia, in order to harmonise with
the European Union Restriction of Hazardous
Substances directive
of plastic bags
Environmental Management Framework to the
Productivity Commission for its study into
Chemicals and Plastics Regulation
f inalising the report on World Heritage and
Climate Change, and provided advice on the
development of the world heritage tentative list
– noted the continuing development of the
Comprehensive National Heritage Inventory
National Heritage Agenda
involvement in heritage matters
Convention on the Protection of the Underwater
Cultural Heritage.
6 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
NEPC Act Review
The second review of the NEPC Acts was initiated by
NEPC to give effect to the requirement under section
64 of the National Environment Protection Council
Act 1994 (Cwlth) (mirrored in the NEPC Acts of all
states and territories) for f ive-yearly reviews of the
operation of the Acts and the extent to which the
Acts’ objectives have been achieved. Since the f irst
review of the NEPC Acts in 2001, NEPC has become
incorporated in the Environment Protection and
Heritage Council (EPHC)—a national environment
and heritage policy making body.
The Ramsay Report recognised the benefits and costs
of jurisdictional participation in NEPC activities
and concluded that the core aspects of the NEPC
system are sound. It found that NEPMs are a useful,
streamlined, reasonably cost-effective mechanism to
achieve nationally consistent environmental regulation.
The review made recommendations for enhancing
an already robust national system.
The review was tabled in the parliaments of all
participating jurisdictions during June–August 2007.
NEPC endorsed and published a Response to the
Review at its f irst subsequent meeting in April 2008.
As a result, NEPC Committee and EPH Standing
Committee commenced the development of
proposals for:
made on any environmental protection matter
• further streamlining of the process for developing
minor variations to NEPMs
indicators for inclusion in NEPMs, in order to
facilitate better identif ication of the national
outcomes produced by NEPMs
documentation.
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a senior level, an observer from the Australian Health
Ministers’ Advisory Council attends EPH Standing
Committee meetings.
(including joint work on the (air quality) Standards
Setting Working Group).
NATIONAL TRANSPORT COMMISSION
Memorandum of Understanding, which establishes
the Land Transport Environment Committee (LTEC).
Following f inalisation of a proposal by LTEC on
managing engine brake noise, the proposal was
endorsed by the Australian Transport Council and
the NEPC.
STANDARDS AUSTRALIA
Protection Authority is the EPHC representative on
the Standards Sector Board for Environment Safety
and Materials. The NEPC and EPHC continued to
liaise with Standards Australia on matters such as
degradable plastic bags.
Materials Accreditation Advisory Committee of the
National Association of Testing Authorities.
OTHER AGENCIES
(CRC CARE) provides signif icant opportunities for
research that may assist in providing information
useful for the development of future policy for site
contamination assessment and remediation. CRC
CARE has undertaken several projects which will
directly provide information for the variation to the
Assessment of Site Contamination NEPM. The
Executive Officer chairs the CRC CARE Policy
Advisory Committee, which links regulators,
industry and research providers.
under a three-way Memorandum of Understanding
between the Service Corporation, the Commonwealth
Department of the Environment, Water, Heritage and
the Arts, and the Bureau of Meteorology. The Service
Corporation oversees the interests of jurisdictions
regarding publications that may arise from use of
the database.
the Office of Best Practice Regulation over the
interpretation of the COAG requirements for Impact
Statements and Regulatory Impact Statements, amid
concerns that the requirements engender unwarranted
expense and time in developing national policy
proposals. The Council has initiated an investigation
into ‘choice modelling’, as a possible means of
quantifying environmental benefits.
Primary Industries Standing Committee in managing
a consultancy for scientif ic research on contaminants
in fertilisers and industrial residues, which may be
applied to agricultural land, in order to underpin the
development of assessment methods and guidelines.
The cooperative development (with the Natural
Resource Management Ministerial Council) of water
recycling guidelines has been especially useful.
8 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
NEPC Service Corporation — Operations Report
MAJOR ACTIVITIES
management and support services to the EPHC and
the EPH Standing Committee in which are incorporated
the NEPC and the NEPC Committee respectively.
The NEPC Service Corporation depends on the
quality and stability of its team of professional and
administrative people and its funding resources to
ensure that effective and efficient project management
and business services add value to the joint work
program of the NEPC and EPHC.
The following activities were carried out in 2007–08:
• provision of executive and business services
to NEPC, NEPC Committee, EPHC and EPH
Standing Committee
Standing Committee, as well as to working
groups/project teams
– Ambient Air Quality NEPM Peer Review
Committee
• liaison with
– enHealth
Annual Report
of expenditure and revenue for 2008–09
• management of the EPHC website at
<www.ephc.gov.au>
All emissions are offset—some jurisdictions have
an offset policy covering all of their agencies and,
for others, individual agencies offset their own
emissions. Several meetings of EPH Standing
Committee were held by teleconference, thereby
constraining emissions.
FINANCIAL ISSUES
Budget issues
30 June 2008 had an operating surplus of $67 721.14.
This surplus is predominantly due to increased
income from higher investment interest rates and
some savings in operational expenditures.
Policies and procedures
by the Business Manager.
OPERATIONAL ACTIVITIES
provide advice to the Executive Officer on matters
related to prudential management, governance and
risk management.
comprises:
Ms Anthea Tinney—Commonwealth
Tasmania
Support for the Audit Committee is provided by the
NEPC Service Corporation.
Risk Management Plan
annually by the Business Manager in liaison with
Service Corporation staff. The Plan clearly identif ies,
assesses and responds to potential risk faced by the
NEPC Service Corporation.
Risk Management Plan at the October 2007 NEPC
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has now adopted and implemented its updated strategy.
Audit report
unqualif ied audit report from the Australian National
Audit Office (ANAO) for the 2007–08 f inancial year.
The audit highlighted only one management issue
requiring attention—the creation of a more detailed
Asset Register which identif ies all of the Service
Corporation’s assets with an individual asset number.
A more comprehensive Asset Register has now
been created.
(breaches of duties of skill or care and
statutory duties)
(the policy covers the NEPC Executive Officer and
Service Corporation staff, NEPC Committee members
(who are also covered by their own governments) and
the members of committees established by NEPC
(including Section 33 committees).
f inancial year.
Corporation are appropriately insured for destruction
and loss or damage (e.g. f ire, theft).
There were no claims during the 2007–08
f inancial year.
to Suncorp Metway Ltd (Suncorp). The decision
to change was based on sound business principles
(e.g. a lower fee structure, superior internet banking
arrangements, better-quality customer service and
easier day-to-day accessibility to the bank than
previously provided).
meeting the requirements of the Service Corporation.
Information technology—Spam filtering
potential spam and other ‘offensive’ material before
it is delivered to the NEPC Service Corporation
servers. Statistics show that this service has reduced
spam e-mails through NEPC Service Corporation
servers by over 99%.
All occupational health, safety and welfare
(OHS&W) policies were reviewed and updated
as a part of the review of the NEPC Service
Corporation Best Practice Manual.
OHS&W is a standing item at all monthly staff meetings
and regular OHS&W inspections are undertaken.
During 2007–08, the NEPC Service Corporation
continued its record of never having an OHS&W claim.
Environment management system
environmental sustainability of its operations.
Human resource issues
Human Resource Management Framework, including
Performance Management and Feedback, Induction,
Diversity and Code of Conduct provisions.
All staff actively participate in formal performance
management sessions.
Industrial relations
Recruitment and retention
on 1 April 2008. He was replaced by Mr David
Whittenbury on 7 April 2008.
In order to minimise the risk of lost corporate
knowledge through staff turnover, all policies are
documented and reviewed annually.
10 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
Annual leave strategy
Conditions of Employment for 2007–09 requires that
staff members strive to take their annual leave in the
year in which it is accrued, and to the extent that this
is not possible, that the approval of the Executive
Officer be sought for any carry-forward. This matter
is also addressed as part of the annual performance
management and feedback review process. Mutually
agreed leave management plans for all staff have
resulted in considerable reductions in contingent
liabilities for annual leave.
The Executive Officer approved the carry-over of
29.1 days of annual leave as at 30 June 2008 (32 days
as at 30 June 2007).
Sick leave
The annual entitlement to paid sick leave for full time
staff is 15 working days per annum. During 2007–08,
sick leave taken per FTE was 6.4 days (5.5 days in
2006–07). Sick leave levels are not considered to be
an issue for the NEPC Service Corporation.
Staff training and development
organisation, and recruits applicants who already
possess the training, skills and abilities to do the
tasks required of them. Nevertheless, specialist
training is undertaken by staff when appropriate.
In 2007–08, training focused primarily on increasing
skill levels in the use of the MYOB Accounting system
for the Accounting and Finance Officer. In addition,
a Project Manager attended a three-day National
Water Recycling and Re-use Technology Conference
as part of staff development.
Misconduct
2007–08 f inancial year.
FUNDING
operations of the NEPC Service Corporation
according to the agreed funding formula (50% from
the Commonwealth and 50% from states and territories
based on population).
of the NEPC Service Corporation in 2007–08
(excluding Priority Projects and Peer Review
Committee) was $911 900.
f inancial year were prepaid in 2007–08. These
prepayments are reflected in the Financial Statements
but not in Table 1.
Figure 1 and Table 1 illustrate the allocation of funding
by jurisdictions for the operations of the NEPC
Service Corporation.
Service Corporation operations 2007–08
Jurisdiction $
Victoria 112 683
Queensland 89 704
Northern Territory 4 578
Tas WA NT 1.186%4.977% 0.502%Qld SA
ACT 9.837% 3.773% 0.798%
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C O
R P
O R
A T
IO N
The 2007–08 budget allocated for NEPC and EPHC
related activities and projects was $623 361. The funds
were distributed between major projects ($606 281),
EPHC Priority Projects ($15 080), and Peer Review
Committee ($2000).
activities is provided by jurisdictions according to the
NEPC funding formula.
to project teams are adjusted to allow for the in-kind
contributions made by those jurisdictions.
Table 2 and Figure 2 illustrate the distribution
of funding (including in-kind contributions) by
jurisdictions for NEPC and EPHC related activities.
Table 2: Funding by jurisdiction for NEPC
and EPHC related activities 2007–08
Jurisdiction $
Victoria 55 046
Queensland 39 467
Northern Territory 3 133
Tas Qld 0.748%
59.253%
information relating to both NEPC and EPHC.
The EPHC website is currently being redeveloped.
The new site will use innovative software that enables
all PDFs within the site to be searched. This enhanced
search function will provide a much more user
friendly and powerful tool than that available on the
current website.
standards
hyper text mark-up language (html) which are
compliant with the Dublin Core specif ications.
Almost 5.3 million hits were recorded for the
2007–08 f inancial year; a 15% increase over the
previous year.
ORGANISATIONAL STRUCTURE
AND STAFFING
CONFERENCES
Ecoforum: Residual Risk Stream conference held
on the Gold Coast.
conferences:
Sydney
• CRC CARE Communicate08 Conference, Adelaide.
12 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
6 000 000
Year
Figure 4: NEPC Service Corporation organisation chart as at 30 June 2008
Project Officer
Haemish Middleton
Project Officer
Monina Gilbey
Admin Officer
Susan Whitehead
Admin Officer
Andrea Gill
Project Manager
Ian Newbery
Project Manager
Kerry Scott
Executive Officer
Bruce Kennedy
Business Manager
David Whittenbury
Admin Officer
Bronwyn Gobbett
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P E
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13National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
N E
P M
The Ambient Air Quality NEPM sets national standards
and goals for air quality and provides a nationally
consistent framework for the monitoring and reporting
of six criteria pollutants—nitrogen dioxide (NO2),
ozone (O3), carbon monoxide (CO), sulfur dioxide
(SO2), particles (as PM10) and lead (Pb). Criteria air
pollutants are widely distributed in ambient air in
Australian cities. They are also associated with
photochemical smog and secondary particle haze
formation, and with adverse health effects.
In June 2007, NEPC released a Discussion Paper
on the policy framework, monitoring and reporting
aspects of the NEPM.
standards, is being developed for public release early
in 2009. This Discussion Paper will review the basis
of deriving standards, the form of the standards, the
selection of health outcomes on which the standards
are focused and how Australian air quality standards
f it in relation to trends and practices overseas.
Ambient Air Quality NEPM—Peer Review Committee
The Peer Review Committee was established to assist
in the development and assessment of jurisdictional
monitoring plans for the Ambient Air Quality NEPM.
The Peer Review Committee comprises two nominees
from industry, two from the environment movement,
and one from each jurisdiction. Dr Mike Manton of
Monash University chairs the committee. Executive
support is provided by the NEPC Service Corporation.
The Peer Review Committee has an important role in
quality assurance for monitoring and other methods
used to assess air quality and on the national consistency
of technical reporting under the NEPM, as well as
any proposed variations to monitoring plans. These
activities will help to deliver a scientif ically robust,
consistent national database of ambient air quality
performance for the Australian community.
The Peer Review Committee met once during 2007–08.
Activities undertaken included:
national consistency of technical reporting under
the NEPM
Quality NEPM.
Committee are available on the EPHC website.
Diesel Vehicle Emissions NEPM—Variation
During 2007–08, NEPC initiated a variation to the
National Environment Protection (Diesel Vehicle
Emissions) Measure. The variation is considered to
be a Minor Variation under section 22A of the NEPC
Act as there are no major policy implications or
signif icant associated costs.
The proposed variation will:
Programs to include additional guidance and
information
Emission Testing and Repair Programs by
simplifying reference to the in-service emissions
standards and tests
Programs to include additional information
and guidance
Rebuild Programs.
will make recommendations relating to
implementation that include developing:
on compliance programs
• evaluation techniques that jurisdictions could
incorporate into the delivery of information and
training programs
and tests.
the proposed variation and recommendations related
to implementation at its f irst meeting in 2009.
PM2.5 Equivalence Program
was made in 2003 to incorporate advisory reporting
standards for PM2.5, provision was made for a
program to determine whether gravimetric methods
of monitoring PM2.5 (the reference method) and
14 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
continuous methods (such as the Tapered Element
Oscillating Microbalance (TEOM)) can be considered
equivalent.
review current Australian and international evaluations
of appropriate monitoring mechanisms for PM2.5.
The f indings of this review will be considered in
conjunction with collocation studies being undertaken
by jurisdictions to determine the appropriate methods
for PM2.5 monitoring under the NEPM.
WASTE MANAGEMENT
In 2005, NEPC initiated the development of a generic
Product Stewardship NEPM. In June 2007, NEPC
resolved to narrow the scope of the NEPM to a stand­
alone NEPM in relation to end-of-life tyres.
In April 2008, EPHC and NEPC released a consultation
package on end-of-life tyres for public comment.
This package consisted of the following documents:
• the draft Tyres Product Stewardship Agreement
• a brochure outlining an innovative proposal by the
Australian Tyre Industry Council for addressing
the issue of end-of-life tyres
• a Consultation Regulatory Impact Statement for
End-of-Life Tyres Management
• Tyres NEPM Threshold Study.
Product Stewardship Agreement is the primary
instrument for bringing about improved performance
in the management of end-of-life tyres. The Agreement
provides for the establishment of at least one product
stewardship scheme. The tyre industry proposes to
introduce a scheme that focuses on stimulating demand
for tyre derived products via the application of an
advanced recycling fee/benefit payment arrangement
as a market-pull initiative. The Agreement also
includes performance targets, establishes governance
arrangements and provides for the collection and
reporting of data. The Tyres NEPM will guide
jurisdictions in the creation of a nationally consistent
regulatory safety net affecting tyre producers who are
not part of any scheme/s approved under the Agreement.
Public forums were held in all capital cities
throughout June 2008. The forums were attended by
a total of 175 people, representing tyre producers, tyre
recyclers, industry groups, community organisations
and governments. Thirty-eight written submissions
were received.
light of submissions, and documents amended if
warranted. It is anticipated that EPHC will consider
endorsing the Agreement and NEPC consider making
the NEPM at the f irst Council meeting in 2009.
SITE CONTAMINATION
The Assessment of Site Contamination NEPM was
made in 1999 and is the premier guidance document
in Australia for the assessment of land contamination.
It addresses a complex area that is particularly
subject to new developments in scientif ic knowledge
and new technologies.
A review of the NEPM was f inalised in October
2006. It was clear from the review report that the
NEPM delivered benefits to its users. However,
the review demonstrated that NEPM had potential
to meet these needs better and to deliver greater
benefits to jurisdictions and their stakeholders. For
example, it was evident that there were concerns
about inappropriate use of investigation levels as
clean-up criteria. Misuse of these levels result in
unwarranted cost in site remediation and insufficient
guidance regarding asbestos matters.
NEPM and its schedules, which addresses the 27
recommendations made in the review report.
Development of the variation is due for completion
in early 2010. The variation process includes a revision
of the methods for Deriving Health Investigation
Levels and Ecological Investigation Levels, as
well as improved guidance on the assessment and
management of asbestos products contamination and
clearer guidance on a range of investigation and
assessment procedures.
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15National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
N E
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The National Pollutant Inventory (NPI) NEPM
has been in place for ten years and the Australian
community is increasingly aware of its ability to
provide information on emissions of substances
to air, land and water.
NEPC varied the NPI NEPM in 2007 to enhance the
NEPM as a major tool for environmental management
and cleaner production. One such change was the
inclusion of greenhouse gas emissions reporting as
an interim measure, pending the establishment of a
new national purpose-built greenhouse gas reporting
mechanism.
process for the NPI NEPM to remove the greenhouse
gas and energy reporting provisions in the NEPM, in
order to minimise any confusion faced by industries
in reporting to the NPI following the introduction of
the Commonwealth National Greenhouse and Energy
Reporting Act 2007. A draft NEPM variation and
explanatory statement were released for public
consultation in June 2008.
have no practical impact on the existing NPI program.
The minor variation is an administrative action, the
effect of which will be to provide NPI stakeholders
with an unambiguous version of the NEPM. NEPC
is expected to consider making the NEPM variation
at its meeting in November 2008.
16 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
EPHC Activities
AIR QUALITY
Standing Committee. Its role is to advise EPH Standing
Committee on projects related to the following:
• strategic and emerging air quality issues
• national and joint Australian–New Zealand air
quality research priorities
as the development of inventories, modelling,
monitoring techniques, approaches to monitoring
infrastructure/equipment and options for addressing
emission risks
agencies with an interest in air quality issues,
including those responsible for health, transport,
land use planning and greenhouse policy.
High priority project areas facilitated by the Air
Quality Working Group during 2007–08 include:
• developing an Australian approach to air quality
standard setting
• national air quality database.
Air quality standard setting
used a variety of frameworks and methods, each one
with its own merits and disadvantages. The non­
existence of an overall agreed methodology was
reflected in the considerable debate across the health
and environment sectors about standard setting.
EPHC established the standard setting working group
to develop an agreed approach to setting Australian
air quality standards. The working group comprises
equal representation of health and environment sectors
and is jointly chaired by a representative from the
Environment Protection and Heritage Council and from
the Australian Health Ministers Advisory Council.
A draft framework has been developed that builds
on the Risk Assessment Task Force Report but
extends beyond risk assessment to take into account
health, social, economic and environmental impacts
and exposure assessment, together with a review
of international approaches to standard setting. A
workshop involving health and environment experts
from around Australia and overseas was held in July
2006 to f inalise an agreed approach to health risk
assessment.
exposure assessment component of the risk assessment
framework and it is anticipated that the recommended
approach will be presented to EPHC for release for
public consultation in early 2009.
Air quality database
establish a national air quality database, to be housed
and implemented by the Bureau of Meteorology with
the Commonwealth providing funding support and
jurisdictions supplying their monitoring data collected
under the National Environment Protection (Ambient
Air Quality) Measure and the National Environment
Protection (Air Toxics) Measure.
and upload. During 2007–08, a key focus has been
on obtaining and uploading historical (i.e. 2002–06)
monitoring data collected by each jurisdiction under
the Ambient Air Quality NEPM.
A Memorandum of Understanding (MOU) between
the then Commonwealth Department of Environment
and Heritage, the Bureau of Meteorology and the
NEPC Service Corporation was signed in 2006. The
MOU sets out arrangements for the development and
maintenance of the national database.
Children’s Health and Air Pollution Study
EPHC, in collaboration with the University of
Queensland and the Woolcock Institute of Medical
Research, is undertaking a three-year study to determine
whether current air quality standards adequately
protect the health of Australian schoolchildren.
Current Australian air quality standards have been
based on overseas data. Such studies have demonstrated
adverse health effects, but effects may be different
in Australian populations.
quantitative effect estimates for the association
between air pollutants and adverse health outcomes,
such as increases in respiratory symptoms and
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across Australia. The pollutants of concern are those
for which standards are set in the Ambient Air
Quality NEPM. The study outcomes will inform the
review of the NEPM.
South Australia, Western Australia and New South
Wales. Sites were chosen for range and variability
in air pollution levels and for proximity to long-term
monitoring stations.
The data are currently being analysed and the report
on the study f indings will be presented to EPHC in
mid 2009.
As reported last year, positive responses to the study
report have been received from international peer
reviewers, with the main focus of comment being
on interpretation and presentation of results. The
researchers have addressed the comments made by
the peer reviewers in f inalising the report. The report
will be presented to EPHC in early 2009.
WASTE MANAGEMENT
Plastic bags
retailers and the Council was developed to achieve a
reduction in plastic bag use in Australia in the period
2003–05. The Code of Practice committed major
retailer signatories to achieving a 50% reduction in
plastic bag use by 2005. Major retailers reduced bag
use by 44% and, nationally, Australians reduced bag
use overall by 34%. In June 2006, given the limited
potential for subsequent voluntary initiatives to
signif icantly reduce plastic bag use, Council resolved
to consider regulatory options to phase out plastic
bags by the end of 2008.
A consultation regulatory impact statement (RIS)
was released for public consultation in January 2007.
The consultation RIS found that regulatory options
for a phase out had economic costs that signif icantly
outweighed the environmental benefits. Notwithstanding
this, however, Council reaff irmed its phase out
objective in June 2007.
management, mandatory retailer charge at point
of sale, a government levy and a ban—was considered
by Council in April 2008. After considering all
options, Council did not endorse uniform national
regulatory action to ban or place a charge on plastic
bags at that time.
End-of-life televisions and computers
Product Stewardship NEPM. At that time, it was
envisaged the generic NEPM would include a schedule
addressing the management of end-of-life televisions.
In June 2007, NEPC resolved to narrow the scope
of the NEPM to a stand-alone NEPM in relation to
end-of-life tyres.
nature and scale of the problems associated with
putting end-of-life televisions and computers into
landfill and the benefits of recycling them. Options
for tackling the environmental problems created by
disposal of televisions and computers have been
identif ied and an analysis of the costs and benefits
of each possible solution commenced. A key aim
of this work is to establish whether the problems
caused by end-of-life televisions and computers
are signif icant enough to justify government
intervention in the market.
on regulatory impact statements now require more
quantitative evidence of impacts and benefits to
determine if government intervention would result
in a net benefit to the community. Research into
valuation methods that have not been previously
used for waste issues has been completed, and it is
envisaged that Council will utilise this research to
gather primary data to facilitate a robust cost benefit
analysis of regulatory options.
a provision that the NPC Council report to EPHC
on the f indings of a comprehensive, independent
evaluation of the progress of the Covenant against
its targets by 31 December 2008.
18 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
Council endorsed the scope of this mid-term review, • Augmentation of Drinking Water Supplies
which will involve independent consultants undertaking • Managed Aquifer Recharge various components of the work. The scope of the • Stormwater Harvesting and Reuse. review includes:
• quantitative results against the three overarching
targets and 2003 baseline
other key performance indicators
• quantity and quality of action plans and annual
reports and the contribution signatories are making
to the Covenant
to NPC targets and goals
• stakeholder views about the Covenant’s effectiveness
• evaluation of the Covenant in the current
economic/social/political environment
number and sector
Materials NEPM.
report of the mid-term review at its meeting in
November 2008.
complementary economic mechanisms, which
to the objectives of the Covenant. The instruments
identif ied are to be available for consideration should
the mid-term review show that the Covenant is unlikely
to deliver satisfactory outcomes, and could potentially
be considered in the design of future covenants.
WATER QUALITY
During 2007–08, EPHC in cooperation with the
Natural Resource Management Ministerial Council
and the National Health and Medical Research Council,
made considerable progress on the development of
Phase 2 of Australian Guidelines for Water Recycling.
Phase 2 builds on the risk management approach
outlined in Phase 1 of the guidelines (released in
November 2006) by providing specif ic advice on:
A draft Augmentation of Drinking Water Supplies
module was released for public comment in July
2007. Consultation meetings were held in each state
and territory capital in August and September 2007
with 30 written submissions received on the draft
module. The EPHC approved the f inal version of the
module at its meeting in April 2008.
Draft modules on Managed Aquifer Recharge and
Stormwater Harvesting and Reuse were released for
public comment in April 2008 with consultation
meetings held in each state and territory capital in
May and June 2008. It is expected that EPHC will
consider the f inal versions of the modules at its f irst
meeting in 2009.
Water Recycling are available on the EPHC website.
COOPERATIVE NATIONAL HERITAGE
and the Cooperative National Heritage Agenda in
2007–08.
provide the umbrella for world heritage management
in Australia, Council created a new national advisory
body comprising representatives from all property-
specif ic former World Heritage Ministerial Councils
(except the Great Barrier Reef Ministerial Council).
Principles for the management and funding for world
heritage areas, as well as an intergovernmental
agreement for their management, are being developed.
The Australian Government is f inalising a report on
World Heritage and Climate Change, and provided
advice on the development of the world heritage
tentative list.
consistent heritage criteria across all jurisdictions
as part of the Cooperative National Heritage Agenda.
The comprehensive National Heritage Inventory and
Information Portal is under continuing development.
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19National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
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addressed, including the possibility of establishing
a national code for wind farms. Addressing
impediments to the uptake of wind energy is vital to
building community acceptance of a technology that
has the potential to deliver a considerable part of
Australia’s future electricity needs and greenhouse
gas abatement.
group to investigate the issues and consult with a
stakeholder reference group. The working group met
in June 2008 to finalise membership of the stakeholder
reference group and begin drafting a report on the
issues for EPHC.
All publications produced up to 30 June 2008 are
listed in Appendix 3.
20 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
Assessment of the Implementation
and Effectiveness of NEPMs
Protection Council Act 1994 (section 24) to report on
the overall assessment of the implementation and
effectiveness of NEPMs and to have regard to reports
on NEPM implementation from the Commonwealth,
states and territories.
and effectiveness for the following NEPMs are
provided below:
• Air Toxics
and Territories
S
21National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
22
N E P C R e p o r t o n t h e i m p l e m e n t a t i o n o f t h e
Air Toxics NEPM
2 0 0 7 – 2 0 0 8
‘Based on monitoring data submitted by jurisdictions, air toxics levels in Australia are low compared to levels internationally.’
NEPC Report on the implementation of the
Air Toxics NEPM
Commencement Date: 20 December 2004
(advertised in Commonwealth of Australia Special
Gazette No. S 52904, 20 December 2004)
NEPM goal (or purpose)
The goal of the National Environment Protection
(Air Toxics) Measure is set out in clause 5 of the
Measure as follows:
of this Measure is to improve the information
base regarding ambient air toxics within the
Australian environment in order to facilitate
the development of standards following a
Review of the Measure within eight years
of its making.
Desired environmental outcomes
out in clause 6 of the Measure as follows:
6. Desired environmental outcome
Measure is to facilitate management of air
toxics in ambient air that will allow for the
equivalent protection of human health and well
being, by –
signif icantly elevated concentrations of one
or more of these air toxics are likely to occur
(‘Stage 1 sites’) and where the potential for
significant population exposure to air toxics
exists (‘Stage 2 sites’).
identif ication of such sites for use by
jurisdictions.
(‘monitoring investigation levels’) for use
by jurisdictions in assessing the likely
significance of levels of air toxics measured
at Stage 2 sites.
to monitoring air toxics at a range of
locations (eg. near major industrial sites,
major roads, areas affected by wood smoke).
Evaluation criteria
Environment Protection (Air Toxics) Measure is
based on the following criteria:
General criteria (specified in the NEPC
Implementation Reporting Protocol)
• compliance by parties bound by the NEPM
with NEPM protocols and/or other NEPM
reporting requirements
the desired environmental outcomes and any
NEPM standards
simplicity of NEPM administration.
24 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
PART 2 — IMPLEMENTATION OF THE NEPM, AND ANY SIGNIFICANT ISSUES
This part provides a summary of jurisdictional reports on implementation and the Council’s overall assessment
of the implementation of the NEPM.
Legislative, regulatory and administrative framework
Table 1: Summary of implementation frameworks
Jurisdiction Summary of implementation frameworks
Commonwealth • The NEPM is implemented administratively under the National
Environment Protection Measures (Implementation) Act 1998.
New South Wales • The NEPM is implemented by the Protection of the Environment
Operations (Clean Air) Regulation 2002 and Protection of the Environment
Operations (General) Regulation 1998 under the Protection of the
Environment Operations Act 1997.
Victoria • The key legislative instrument is the State Environment Protection Policy
(Air Quality Management).
Queensland • The NEPM is implemented under the Environmental Protection Act 1994,
Environmental Protection (Air) Policy 1997 and programs under the South
East Queensland Regional Plan 2005–2026.
Western Australia • The NEPM is implemented under the National Environment Protection
Council (Western Australia) Act 1996 and by programs in the Perth Air
Quality Management Plan.
• The Environmental Protection Authority has f inalised a draft State
Environmental (Ambient Air) Policy.
South Australia • The transitional provisions in the Environment Protection (Miscellaneous)
Amendment Act 2005, enable the NEPM to continue to operate as an
Environment Protection Policy.
Tasmania • The NEPM is a state policy under the State Policies and Projects Act 1993
and is given effect under the Environment Management and Pollution
Control Act 1994. The management of air toxics is included in the
Tasmanian Air Quality Strategy 2006.
Australian Capital Territory • The NEPM is implemented under the Environment Protection Act 1997.
Northern Territory • The key legislative instruments are the Waste Management and Pollution
Control Act 1998 and the National Environment Protection Council
(Northern Territory) Act 2004.
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25National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
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Jurisdiction Summary of implementation activities
Commonwealth • To assist targeting future management strategies, the Commonwealth
commissioned the following studies:
– particles, ozone and air toxics in rural communities during prescribed
burning seasons
identif ies priority pollutants to be managed on Defence sites.
New South Wales • New South Wales undertook preparatory work to enable commencement
of new air toxics monitoring in 2008-09.
Victoria • Victoria focused on:
– monitoring all f ive air toxics at a number of sites including a regional
site; monitoring commenced at an additional site.
– obtaining NATA accreditation for the analysis methods for benzene,
toluene and xylenes.
– implementing a new program, ‘Clean and Healthy Air for Gladstone’,
to help address community concerns regarding industrial emissions
– monitoring a range of air toxics at Springwood.
Western Australia • Western Australia progressed a number of initiatives to improve the
information base regarding ambient air toxics:
– the Background Air Quality (Air Toxics) Study
– the Small to Medium Enterprise (SME) Air Emissions Monitoring Project
– Kwinana Background Air Quality Study
– air toxics sampling in Collie
– the Midland Background Air Quality Study.
South Australia • South Australia focused on:
– completing the ‘Review of Air Toxics Desktop Analysis for the National
Environment Protection (Air Toxics) Measure 2008’
– modelling air toxics for the Adelaide airshed
– incorporating ‘The Air Pollution Model’ (TAPM) to allow for
meteorological and topographical influence on pollutant movements
– reviewing monitoring instrumentation permitted under the NEPM
to monitor air toxics
– conducting a study in collaboration with the National Research Centre
for Environmental Toxicology (EnTox) on polyaromatic hydrocarbon
measurements.
Tasmania • Tasmania focused on:
– improving the information base for air toxics under the ‘Tasmanian Air
Quality Strategy 2006’
an air monitoring station in George Town
– sourcing funding for air toxics monitoring programs
– undertaking preliminary monitoring to confirm Stage 2 sites in Hobart
and Launceston.
26 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
Jurisdiction Summary of implementation activities
Australian Capital Territory • Australian Capital Territory focused on completing a desktop analysis to
identify Stage 1 and Stage 2 sites. Only one Stage 1 site was identif ied,
which was not subsequently identif ied as a Stage 2 site.
Northern Territory • The Northern Territory did not undertake any further implementation
activities during the reporting period.
A IR
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A number of jurisdictions conducted air toxics
monitoring and modelling to establish baseline data
following previously undertaken desktop analyses.
Some jurisdictions have undertaken monitoring
studies of air toxics to gather further information,
such as epidemiological effects, monitoring methods
and equipment.
funding and resources available for monitoring
networks and reporting against the monitoring
investigation levels set out in the NEPM.
PART 3 — ASSESSMENT OF NEPM
EFFECTIVENESS
subsequent government programs for abatement and
management. The criteria and guidance set out in the
NEPM enable jurisdictions to assess the likelihood of
signif icant population exposure. Based on monitoring
data submitted by jurisdictions, air toxics levels in
Australia are low compared to levels internationally.
Some jurisdictions continued to identify and
prioritise Stage 1 and Stage 2 sites, with ongoing
monitoring at some of these sites.
Due to resource constraints in some jurisdictions, no
monitoring has been undertaken. The lack of national
monitoring data presents diff iculties in developing
a comprehensive national picture of the state of air
toxics. Therefore, the effectiveness of the NEPM
in protecting human health and well-being cannot
be established.
to inform the review.
THE NEPM
reporting period ended 31 December 2007, these
reports include the results of desktop analyses
identifying sites and any monitoring that had been
undertaken.
Annex 1: Commonwealth 127
Annex 3: Victoria 132
Annex 4: Queensland 137
Annex 7: Tasmania 146
Annex 9: Northern Territory. 149
27National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
28
N E P C R e p o r t o n t h e i m p l e m e n t a t i o n o f t h e
Ambient Air Quality NEPM
2 0 0 7 – 2 0 0 8
‘Monitoring results indicate that the NEPM standards are being met and that air quality in Australia is generally good by international standards.’
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Ambient Air Quality NEPM
PART 1 — GENERAL INFORMATION
Commencement Date: 8 July 1998
(advertised in Commonwealth of Australia Gazette
No. GN 27, 8 July 1998, p. 2211)
NEPM goal (or purpose)
(Ambient Air Quality) Measure is set out in clause 6
of the Measure as follows:
6. National environment protection goal
The National Environment Protection Goal
of this Measure is to achieve the National
Environment Protection Standards as assessed
in accordance with the monitoring protocol
(Part 4) within ten years from commencement
to the extent specif ied in Schedule 2 column 5.
Desired environmental outcomes
Environment Protection (Ambient Air Quality) Measure
is set out in clause 5 of the Measure as follows:
5. Desired environmental outcome
Measure is ambient air quality that allows for
the adequate protection of human health and
well–being.
Evaluation criteria
Environment Protection (Ambient Air Quality)
Measure is based on the following criteria:
General criteria (specified in the NEPC
Implementation Reporting Protocol)
• compliance by parties bound by the NEPM with
NEPM protocols and/or other NEPM reporting
requirements
the desired environmental outcomes and any
NEPM standards
simplicity of NEPM administration.
30 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
PART 2 — IMPLEMENTATION OF THE NEPM, AND ANY SIGNIFICANT ISSUES
This part provides a summary of jurisdictional reports on implementation and the Council’s overall assessment
of the implementation of the NEPM.
Legislative, regulatory and administrative framework
Table 1: Summary of implementation frameworks
Jurisdiction Summary of implementation frameworks
Commonwealth • The Commonwealth implements the NEPM administratively. However,
it is not required by the NEPM to undertake monitoring as it does not have
authority over regions with a population of 25 000 or more.
New South Wales • The NEPM is implemented under the Protection of the Environment
Operations Act 1997, Clean Air Regulation 2002, and through programs
in the NSW government’s 25–year Air Quality Management Plan, ‘Action
for Air’.
Victoria • The key legislative instruments are the State Environment Protection Policy
(Ambient Air Quality) and the State Environment Protection Policy (Air
Quality Management) made under the Environment Protection Act 1970.
Queensland • The NEPM is implemented under the Environmental Protection Act 1994,
the Environmental Protection (Air) Policy 1997 and by programs under the
South–east Queensland Regional Plan 2005–26.
Western Australia • The NEPM is implemented under the National Environment Protection
Council (Western Australia) Act 1996 and by programs under the Perth Air
Quality Management Plan.
• Fuel quality standards are set through the Environmental Protection (Diesel
and Petrol) Regulations 1999.
South Australia • The transitional provisions in the Environment Protection (Miscellaneous)
Amendment Act 2005 enable the NEPM to continue to operate as an
Environment Protection Policy.
Tasmania • The NEPM is a state policy under the State Policies and Projects Act 1993.
The NEPM standards are also incorporated under the Tasmanian Air
Quality Strategy 2006.
• The Environment Protection (Air Quality) Policy 2004 was made under the
Environmental Management and Pollution Control Act 1994.
• Control of the import, sale and installation of wood heaters is administered
through the Environmental Management and Pollution Control (Distributed
Atmospheric Emissions) Regulations 2007.
Australian Capital Territory • The NEPM is implemented by the Environment Protection Regulation 1997
under the Environment Protection Act 1997.
Northern Territory • The key legislative instruments are the Waste Management and Pollution
Control Act 1998 and the National Environment Protection Council
(Northern Territory) Act 2004.
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Jurisdiction Summary of implementation activities
Commonwealth • The Commonwealth focused on:
– implementing new vehicle emission and fuel quality standards, including
compliance and enforcement activities, to ensure that pollutant emissions
from vehicles continue to decline
– taking a lead role in efforts to reduce emissions from other priority
sources, such as non-road engines
– developing a nationally consistent approach to woodheater management,
including conducting a survey of woodheater operator behaviour
– funding a woodheater buy-back program for the Tamar Valley
– undertaking research on priority air quality issues so that pollution
management strategies can be better targeted
– developing tools, such as the national air quality database, to assist
future decisions on standard setting and management strategies.
New South Wales • New South Wales focused on:
– releasing the NSW Air Emissions Inventory which, together with
stakeholder consultation, supported the review of the ‘Action for Air’
Air Quality Management Plan
– releasing the NSW Cleaner Vehicles and Fuels Strategy, including ‘Vapour
Recovery at Service Stations’ and the ‘NSW Diesel Retrofit Program’
– implementing a woodheater strategy under the Clean Air, Healthy
Communities Program.
– continuing programs aimed at reducing the impact of domestic woodheaters
– implementing the Protocol for Environmental Management for the
mining and extractive industries
– working with other government agencies to reduce the impact of
prescribed burning
– increasing data capture through improving monitoring systems
and instruments.
including the Mt Isa smelters
– re-evaluating the need for the monitoring of nitrogen dioxide and ozone
at some sites
2008–2026 aimed at reducing transport-related emissions
– establishing a lead monitoring program at Mt Isa.
32 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
Jurisdiction Summary of implementation activities
Western Australia • Western Australia focused on:
– commencing work to relocate the monitoring laboratory
– continuing to liaise with local governments and other organisations
on the location of ambient monitoring stations
– developing strategy papers and methods to assist the Peer Review
Committee to achieve nationally consistent NEPM monitoring and
reporting information
monitoring activities
– expanding ambient air monitoring networks
– improving community access to air quality monitoring data via real-time
information on the internet
South Australia • South Australia focused on:
– developing f ine scale air emissions inventories commencing with
a comprehensive motor vehicles inventory for metropolitan Adelaide
– investigating the role of biogenic emissions in the formation of
photochemical oxidants across the Adelaide airshed
– continuing to review the Environment Protection (Air Quality) Policy,
the Environment Protection (Burning) Policy and the Environment
Protection (Motor Vehicle Fuel Quality) Policy
– continuing the Port Pirie Lead Implementation Program and the
‘tenby10’ program, which aim to reduce blood lead levels in children
– continuing the ‘Smoke Watch Challenge’ program in partnership with
the Adelaide Hills Council to encourage eff icient woodheater use.
Tasmania • Tasmania focused on:
(Distributed Atmospheric Emissions) Regulations 2007
– developing air monitoring capability for PM2.5 and upgrading the
existing PM10 monitoring systems
– continuing the air quality awareness program in schools, including the
development of relevant teaching materials
– improving public access to air quality monitoring data via internet access.
Australian Capital Territory • The Australian Capital Territory focused on:
– continuing PM2.5 monitoring at Monash
– reducing woodheater emissions through public education, licensing
of f irewood merchants, and implementing a woodheater replacement
program and ongoing compliance programs.
Northern Territory • The Northern Territory focused on:
– working with other government agencies to address fire management issues
– investigating options to improve the air quality monitoring systems
in Darwin.
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In this reporting year, jurisdictions have:
• strengthened legislation and regional air
quality strategies
the community to reduce emissions
• initiated and continued a number of programs
to reduce woodsmoke emissions.
When the variation to the Ambient Air Quality NEPM
was made in 2003 to incorporate advisory reporting
standards for PM2.5, provision was made for a
program to determine whether gravimetric methods
of monitoring PM2.5 (the reference method) and
continuous methods (such as the TEOM) can be
considered equivalent.
review current Australian and international evaluations
of appropriate monitoring mechanisms for PM2.5.
The f indings of this review will be considered in
conjunction with collocation studies being undertaken
by jurisdictions to determine appropriate methods for
PM2.5 monitoring under the NEPM.
PART 3 — ASSESSMENT OF NEPM
EFFECTIVENESS
are being met and that air quality in Australia is
generally good by international standards. Some
jurisdictions have reported increases in particulate
pollution. Bushfires, controlled burning and dust are
the major causes of these standards being exceeded.
Other causes include f ireworks, increasing vehicle
use, localised industrial sources and woodheaters.
Concerns have been raised by some states about
increasing background ozone levels and possible
increased bushfire activity associated with climate
change and the drought, which will subsequently
affect monitoring standards and outcomes. Urban
expansion and the associated increase in motor
vehicle use could present challenges in future
compliance with the ozone standards.
Data collected at NEPM monitoring stations show
that the levels of nitrogen dioxide, carbon monoxide,
sulfur dioxide and lead are generally below the
NEPM standards in all jurisdictions.
A review of the Ambient Air Quality NEPM is in
progress. The review is considering climate change
impacts and the NEPM monitoring standards, among
other things.
THE NEPM
with clause 18 of the NEPM. These reports have
been prepared in accordance with the Peer Review
Committee’s Technical Paper No. 8 Annual Reports
for Ambient Air Quality NEPM.
Annual compliance reports have been reviewed for
national consistency and technical rigour by the Peer
Review Committee. The reports provided clear and
valuable information. The Peer Review Committee
reported that:
year is very high
consistency in the implementation of the NEPM
• the overall level of data availability is good.
More detailed monitoring data are available in
jurisdictional compliance reports which are available
from <www.ephc.gov.au>.
Annex 1: Commonwealth 153
Annex 3: Victoria 164
Annex 4: Queensland 171
Annex 7: Tasmania 189
Annex 9: Northern Territory. 194
34 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
Assessment of Site Contamination NEPM
2 0 0 7 – 2 0 0 8
‘The NEPM guidelines have raised public awareness of site contamination issues and improved standards for site contamination assessments.’
NEPC Report on the implementation of the
Assessment of Site Contamination NEPM
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Made by Council: 10 December 1999
Commencement Date: 22 December 1999
(advertised in Commonwealth of Australia Gazette
No GN 51, 22 December 1999, p 4246)
NEPM goal (or purpose)
out in clause 5 (1) of the Measure as follows:
5.(1) National environment protection goal
The purpose of the Measure is to establish
a nationally consistent approach to the
assessment of site contamination to ensure
sound environmental management practices
site assessors, environmental auditors,
landowners, developers and industry
Environment Protection (Assessment of Site
Contamination) Measure is set out in clause 5 (2)
of the Measure as follows:
5.(2) Desired environmental outcome
of human health and the environment, where
site contamination has occurred, through the
development of an eff icient and effective
national approach to the assessment of
site contamination.
Evaluation criteria
National Environment Protection (Assessment
following criteria:
Implementation Reporting Protocol)
• compliance by parties bound by the NEPM with
NEPM protocols and/or other NEPM reporting
requirements
the desired environmental outcomes and any
NEPM standards
simplicity of NEPM administration.
No specif ic criteria are set out in the Measure.
36 National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
PART 2 — IMPLEMENTATION OF THE NEPM, AND ANY SIGNIFICANT ISSUES
This part provides a summary of jurisdictional reports on implementation and the Council’s overall assessment
of the implementation of the NEPM.
Legislative, regulatory and administrative framework
Table 1: Summary of implementation frameworks
National Environment Protection Council annual report 2 0 0 7 – 2 0 0 8
Jurisdiction Summary of implementation frameworks
Commonwealth • The NEPM is implemented as guidelines under the National Environment
Protection Measures (Implementation) Act 1998.
New South Wales • The NEPM operates under guidelines issued under the Contaminated Land
Management Act 1997.
Storage Systems) Regulation 2008 commenced in this reporting year.
Victoria • The key legislative instruments for administering the NEPM are:
– the State Environment Protection Policy (Prevention and Management
of Contamination of Land)
– the Planning and Environment Act 1987.
• The Environmental Audit System (Contaminated Land) provides the
administrative framework for assessing site contamination.
Queensland • The Integrated Planning Act 1997 and the Environment Protection Act
1994 are the key legislative instruments.
• The NEPM is applied through the Guidelines for the Assessment and
Management of Contaminated Land in Queensland, May 1998. All site
investigations and reporting must comply with the NEPM requirements when
statutory decisions are sought from the Environmental Protection Agency.
Western Australia • The NEPM is implemented through the Contaminated Sites Act 2003 and
the Contaminated Sites Regulations 2006.
South Australia • The transitional provisions in the Environment Protection (Miscellaneous)
Amendment Act 2005 enable the NEPM to continue to operate as an
Environment Protection Policy.
is now in force.
Tasmania • The NEPM is a state policy under the State Policies and Projects Act 1993.
• Amendments were made to the Environmental Management and Pollution
Control Act 1994 to address contaminated sites issues.
Australian Capital Territory • The NEPM is implemented by the Contaminated Sites Environment
Protection Policy made under the Environment Protection Act 1997.
Northern Territory • The NEPM is implemented by audits of contaminated sites, the pollution
control provisions of the Waste Management and Pollution Control Act
1998 and, in some cases, the Planning Act 1999.
• An Environment Protection Objective has been drafted for implementation
in 2008–09.
Jurisdiction Summary of implementation activities
Commonwealth • The Commonwealth focused on:
– implementing various actions to assess contaminated sites, including
envir