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 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
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
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
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
Hierarchy of responsibility
• CS Act s 24, “polluter pays principle”
Environmental incident
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
DWER statistics for site classifications under CS Act as of 30th June 2019
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 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
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
Petroleum hydrocarbons
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
- 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
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
• 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
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
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
INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
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INTERNATIONAL CLEANUP CONFERENCE ADELAIDE 2019
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