Peel Inlet and Harvey Estuary System Management Strategy ...

EPA Report on the Peel-Harvey Progress and Compliance Report, 2003
In previous reviews, the EPA has put more emphasis on the “Progress” aspect of the
process, than on the “Compliance” aspect and has focused more on the actions of the
proponent than assessing the appropriateness of its own environmental objectives.
Ideally a compliance review as required by the Condition should be a positive experience
for proponents with the emphasis being on achieving improvements in environmental
performance into the future. However, when PCR documents are prepared in isolation
from the EPA the opportunity for a beneficial experience by the proponent can be
compromised and can lead to a more oppositional process.
A summary of the verification of compliance and advice on Environmental Conditions is
provided in Table 1, with additional information being set out in Table 14 of the ERC
report and (more fully) in Table A5 in Appendix 5 of the ERC report.
Although the Conditions may be regarded as not having been written strictly in a manner
that could be legally enforceable, it is apparent that even the intent of some of the more
important Conditions has not been followed by the proponents. The intent behind the
Conditions is clear from the assessment report. The key elements of effective regulation
(including of Environmental Conditions) based on current “state of the art” is covered in
Section 13.2 of the ERC report.
Although the PCR recommends in many instances that the Environmental Conditions be
incorporated into a 5 year review process for the Peel-Harvey Estuarine Management
Strategy as part of the EPP, the ERC is of the view that it would be better to retain the
Conditions, rather than try and add them into the scope of the EPP (see Table A5 in
Appendix 5 of the ERC Report). However, it would be appropriate to amend the
wording of several of the Conditions as well as add some new ones to the Minister’s
statement (see section 11 of this EPA report).
Table 1 - EPA Advice on Compliance with the Environmental Conditions
Condition No Date Condition
set
EPA Statement on Compliance
M1
In original Partially met (see 1A and 1B below).
(see also 1A Statement signed 3 Original M1 reworded into new M1A and 1B.
and 1B below) Jan 1989
M1A 16 April 1993 Partially met.
M1B 16 April 1993 Not met. Compliance not demonstrated.
M2
M3
In original
Statement signed 3
Jan 1989
In original
Statement signed 3
Jan 1989
Not met. Compliance not demonstrated.
Partially met. An EPP was developed but not
until 1992 (Condition required it by 31
December 1989).
14