Regulatory Framework

 

Best Practice Regulatory Principles

The Regulatory best practice principles guides the delivery of regulatory functions and the administration of legislation, and ensures the department regards the object and principles of the Act for which the regulatory matter relates.

• The Framework
• Risk Assessment Examples

Western Australia is undergoing significant environmental regulatory reform.

The Guidance statement: Regulatory Principles is designed to clarify how DER will carry out its regulatory functions under the Environmental Protection Act 1986. The guidance statement is supported by a series of detailed documents and process improvements for more efficient, effective, transparent, consistent and accountable environmental regulation in WA.

Draft Guidance Statement: Separation Distances

The Department of Environment Regulation (DER) published the draft Guidance Statement: Separation Distances (GS) for a public consultation period which closed in November 2015. Since then, DER has been reviewing consultation submissions, and working to finalise the draft GS. At the same time, DER has been applying its risk-based regulatory framework to pilot assessments. DER has also been briefing stakeholders in relation to its Regulatory Framework.

DER’s briefings and review of consultation submissions highlighted a high degree of confusion regarding the concept of separation distances. Stakeholders were unclear as to:

Following discussions of these issues with stakeholders, the draft GS is now withdrawn from DER’s suite of Regulatory Framework documents to avoid stakeholder confusion or misunderstanding as to its purpose or use.  The consideration of distances from sensitive receptors will still be used by DER to inform assessments and decision making.  Distances will be assessed on a case-by-case basis.

The Framework

• Guideline: Industry Regulation Guide to Licensing
  
  
• Guideline: Odour Emissions
  
  
• Guideline: Decision Making
• Guidance Statement: Risk Assessment
  • See Risk Assessment Examples
• Guidance Statement: Environmental Standards
  • Environmental Standard: Composting (in finalisation stage)
  • Environmental Standard: Metropolitan landfills (due for release 2017)
  • Rural landfills (due for release 2017)
• Guidance Statement: Land-Use Planning (rescinded)
  
  
• Guidance Statement: Setting Conditions
  
  
• Guidance Statement: Licence Duration
  • Having had regard to the Guidance Statement: Licence Duration, the Chief Executive Officer (CEO) of the Department of Environment Regulation has determined that the licence expiry dates for almost all of the licensed prescribed premises are to be amended and this amendment was given effect on 29 April 2016 by administrative notice.
    Notice of amendment and schedule of licences with amended expiry dates
    
    
• Guidance Statement: Environmental Siting
  
  
• Guidance Statement: Publication of Annual Audit Compliance Reports
• • Guideline: Annual Audit Compliance Reports
  • Annual Audit Compliance Form

Guidelines and Supporting Documentation

• Licence template, Conditions Library, Application form
  - Licences and works approvals set conditions for prescribed premises to ensure that potential impacts and risks to the environment are minimised. New documentation will ensure transparent and consistent decisions and condition setting for all works approvals and licences under Part V, Division 3 of the EP Act.

Risk Assessment Examples

DER's risk assessment process has been developed to ensure a systematic approach in assessing risk and applying regulatory controls which are proportionate to the risk.

The below licences and works approvals are examples of DER's application of risk-based assessment:

• Pilbara Ports Authority Utah Point:
  Licence L8937/2015/1
  
  
• Fremantle Ports Authority Kwinana Bulk Jetty
  Licence L4474/1976/14
  
  
• Mandoon Estate winery
  Licence L8972/2016/1
  
  
• Kojonup Saleyards
  Licence L8961/2016/1
  
  
• GD Pork Australind
  Licence L6876/1989/12
  
  
• Kimberley Meat Company
  Licence L8977/2016/1
  
  
• Tianqi Lithium
  Works approval W5977/2016/1
  
  
• Kwinana Waste to Energy
  Works approval W5911/2015/1