CONFLICTING REGULATORY FRAMEWORKS ON...

INTERNATIONAL CLEANUP CONFERENCE REMEDIATING THE PLANET Dylan Pritchard

10 September 2019, Adelaide, Australia INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019

CONFLICTING REGULATORY FRAMEWORKS ON CONTAMINATED SITES INVESTIGATION – A CASE STUDY

INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019

Introduction

• Conflicts in regulatory frameworks, expectations and site information for regulatory bodies often occur within contaminated land investigation and remediation


Regulatory background

• The Department of Water and Environmental Regulation (DWER) regulates contaminated sites through the: − Contaminated Sites Act 2003 WA (CS Act) − Contaminated Sites Regulations 2006 WA (CS Regulations) − Environmental Protection Act 1986 WA (EP Act) − Ministerial statements allocating responsibilities through the EP

Act

• Mine sites are included within the framework of contaminated sites management through the Mining Act 1978 [amended 2015].

The person who caused or contributed to the contamination

Polluter

Who has proposed a change in the use of

the land

Owner / occupier

Of the site of the source of

contamination

Owner

Final (not common)

State Government


Hierarchy of responsibility

• CS Act s 24, “polluter pays principle”

Environmental incident


DWER statistics for site classifications under CS Act as of 30th June 2019


Timeline

CS Act 2003 (WA)

Introduction

Initial leaseholder

site operations (1950s – 1990s)

EPA agreement and ministerial statements with

new leaseholder

(2006)

CS Regulations 2006 (WA) Introduction

Current leaseholder

site operations (2006-current)

Mining Act 1978

[amended 2015] (WA) Introduction

WA DoH 2009 Guidelines for Management of Asbestos

Current regulatory

notices regarding all

contamination on site

Legislation Site specific details

Three key contamination issues

Fuel storage tanks Petroleum hydrocarbons

Support buildings prior to 2000’s Asbestos

Domestic and industrial Landfills


Petroleum hydrocarbons


- Degradation of hydrocarbons

- Physical removal

- Movement of waste rock

- High depth to GW

- Limitation of movement

- Education

should = changes in interpretation of classification under CS Act

Source Pathway Receptor

in comparison to the real life situation

Asbestos


• Asbestos use across Australia has been banned since December 2003 − Current site infrastructure would

therefore not contain asbestos

• As the site occupier legally could be liable under the CS Act and DoH guidelines

• Contradicts agreement with EPA and ministerial statements

Conflict of responsibilities


Responsibilities under the Mining

Act (and deferring to CS

Act and CS Regulations)

Responsibilities according to

EPA and ministerial

agreements + changes in site configuration

Actual remediation

to be required

prior to mine closure

Conclusions


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