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The Environmental Impact Policy of the New South Wales Government and Its Effect at Local Government

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The Environmental Impact Policy of the New South Wales Government and Its Effect at Local Government THE ENVIRONMENTAL IMPACT POLICY OF THE NEW SOUTH WALES GOVERNMENT AND ITS EFFECT AT LOCAL GOVERNMENT MICHAEL F. WATERHOUSE BE MEngSc NSW, MIEAust. This thesis is,submitted to the University of New South Wales to coq>lete the requirements of the course in Master of Applied Science. DECEMBER. 1973. The contents of this thesis are submitted to the University of New South Wales for the award of Master of Applied Science and have neither been submitted. nor is intended to be submitted, to any other University or Institution for an award or degree. TABLE OF CONTENTS ACKNOWLEDGEMENTS SYNOPSIS FOREWORD THE ENVIRONMENTAL IMPACT POLICY OF THE NEW SOUTH WALES GOVERNMENT AND ITS EFFECT AT LOCAL GOVERNMENT 1. ENVIRONMENTAL IMPACT POLICY 1. 01 · How it all Began in New South Wales 1.02 Statement of Principles 1.03 The American Environmental System 1.04 Discussions Comparing New South Wales and American Environmental Systems 2. THE ENVIRONMENTAL IMPACT 2.01 The Environmental Impact in New South Wales 2.02 American Environmental Impact Statements 2.03 Discussions of Environmental Impact Statements 3. SOME FEATURES OF LOCAL GOVERNMENT r3.Ql Uniq'ue Features and Environmental Consequences 3.02 Required Personnel and Finances 3.03 Clarification of Procedures 4. CONSIDERATIONS AND RECOMMENDATIONS FOR IMPLIMENTATION OF .. ENVIRONMENTAL IMPACT IN NEW SOUTH WALES . 4 .01 Should Environmental Impact Policy Continue? 4.02 An Envjronmental Objectives Act 4.03 Existing Environment Data Collection Method 4.04 Justification of a Change.of Existing Uses 4.05 Comments from Outside Bodies 4.06 Onus no Longer on the Decision-Making Authority 4.07 Ensuring Decision is Carried Out 4.08 Appeals 4.09 Leg~lity 5. ADDENDUM/NEW GUIDELINES 5.01 Onus Change 5.02 Not all Elements Considered 5.03 Discussion of Outside Comments 5.04 Declaration of Environmental Factors 5.05 Is the Government Serious About the Environment? 5.06 Background 5.07 State Pollution Control Conmission Restricted 5.08 Pollution Control or Environmental Quality Control? APPENDICES 6. ENVIRONMENTAL IMPACT POLICY STATEMENT OF PRINCIPLES 7. STATUTORY AUTHORITIES OF NEW SOUTH WALES 7.01 Process of Government 7.02 Complexity 7.03 Statutory Corporations 7.04 Financial Control 7.05 Administrative Tribunals 7.06 The Frank's Co1T111ittee 7.07 Procedure After Hearing 7.08 To Conclude 8, ALPHABETICAL LIST OF STATUTORY BODIES OF NEW SOUTH WALES AT SEPTEMBER 1972 . 9. LOCAL GOVERNMENT - A STATUTORY AUTHORITY 9. 01 Management 9.02 Elections and Council Structures 9.03 Power 9.04 Appeal 9.05 Health 9.06 Public Works 10, STATE POLLUTION CONTROL COMMISSION ACT 10. 01 Origin and Administration 10.02 State Pollution Control Commission Act, No.95, 1970. 10.03 Environmental Impact Policy and State Pollution Control Commi s sion Act 11. ADMINISTRATIVE AUTHORITIES FOR THE ENVIRONMENTAL LEGISLATION OF NEW SOUTH WALES 11 .01 Pollution Control Measures in General 11.02 Air Pollution 11.03 Water Pollution 11.04 Waste Disposal 11.05 Noise Pollution 11.06 Noxious Trades 11.07 Pollution By Radioactivity 11.08 Agriculture 11.09 Conservation of Nature 11.10 Pollution of Soil 11.11 Visual Pollution 11. 12 Others BIBLIOGRAPHY ACKNOWLEDGEMENTS I wish to acknowledge ff\Y appreciation for the assistance given by the following persons: PROFESSOR J. S. RATCLIFFE, PROFESSOR CHEMICAL ENGINEERING - SUPERVISOR: His guidance on studies and issues of Environmental Impact has asfisted R\Y comprehension of the Policy and the complex government machinery requi°red for its impl imentation. MR. J. F. POLLARD, LLM Syd. and MR. A. G. WILLIAMS - ENVIRONMENTAL IMPACT REPORTS PTY. LTD. : The assistance given by the personnel of this Company contributed to the depth of this. study. The full under­ standing of the Environmental Impact Policy and its ~amifications along with a thorough comprehension of· Local Government and Environmental Law by these people contributed to 11\Y better understanding of these areas in a short time as well as providing practical examples where problems have already arisen. MRS. M. WATERHOUSE and M/s L. & E. CARTER - MANUSCRIPT TYPISTS: Appreciation is expressed to 11\Y mother for her efforts in typing several drafts and to Shane and Betty Carter for their efforts in producing such a presentable manuscript. LOCAL GOVERNMENT PERSONNEL: The Local Government Personnel of various areas have been generous with both time and information in providing back­ ground for 11\Y understanding of the ~nvolvements of Local Government. Particular mention is made of the following councils for their assistance in January 1973 during my tour throughout South Western and Western New South Wales - DUBBO CITY COUNCIL, DUBBO. PARKES MUNICIPAL COUNCIL, PARKES. BATHURST CITY COUNCIL, BATHURST. ALBURY CITY COUNCIL, ALBURY . BROKEN HILL CITY COUNCIL, BROKEN HILL. CENTRAL DARLING SHIRE, WILCANNIA. COBAR SHIRE COUNCIL, COBAR. SYNOPSIS Environmental Impact Policy of the New South Wales Government is studied, after an understanding of the problems of Local Government and compared with a similar procedure in the United States of America. The study brings to light many problems that need to be solved before the Policy can _be fully effective while expressing the feeling that the American procedure appears to be superior in many· ·aspects particularly in its statutory backup. Besides the Environmental Impact Policy the State Pollution Control Commission Act was also studied at some length, because of its overriding environmental jurisdiction to determine the full powers of this body and its ability to enforce the Env~ronmental Impact Policy. Many of the reconvnendations and conclusions drawn, while directly applicable to the Local Government can be.broadly applied to all government levels. c;. :. c. I:' V - • C.- FOREWORD On January 28, 1971, the New South Wales Government introduced its Environmental Impact Policy aimed to predict the environmental effect of a proposed action prior to that action's approval. These predictions were intended to be complimentary to the existing material used to decide on the application for approval of the proposed action. The meaning of the word "Environment" used in this text is defined as: ALL CONDITIONS, CIRCUMSTANCES ETC. CONCERNING AND AFFECTING THE DEVELOPMENT OF MAN. This thesis is aimed to investigate the progress of the policy from its inception paying particular attention to the Local Government area. However, being a young policy, the full effects have not developed. Consequently this study has resulted from a comprehensiGn of the Local Government situation and the application of this understanding to the application of Environmental Impact. In New South Wales there are 225 Local Government areas and ·go% of all Development Applications are handled by this group. Since the Environmental Impact Policy originated at the senior level of Government while its application is at Local Government (having had little consultation prior to the policy's announcement) many problems were expected to arise. This thesis has attempted to study, define and discuss these problems and in light of similar American experiences discuss the comparison of the two procedures. It is recognised that the legal system between these two countries is different. However, overlooking these differences, basic principles were recognised and fundamental conclusions drawn. Although it is recognised that some recommendations may be regarded as a little academic and ideal for the Policy's application in the New South Wales Government system, it is felt by the author that if the ultimate objectives are not aimed for then the full potential of the Policy will never likely be reached. If nothing more, the outcome of the study should be a fundamental aim of the Environmental Impact Policy to allow public scrutiny of most major government decisions prior to final approval • < u • < C" • C- G. •• c. e 1. ENVIRONMENTAL IMPACT POLICY 1.01 How It All Began in New South Wales On January 28, 1971, the Premier of New South Wales, 4 in his policy speech opening the election campaign for the liberal Party, made first reference to the establishment of a new Mini st.ry under the Section of Pollution. "On top of all this action we will appoint a fulltime Minister for Environmental Control. Other Ministers whose departments deal with some facet of pollution will be required to give the new Minister every co-operation. We have had such spectacular success with a full­ time Minister for decentralisation. that we believe a problem as serious as pollution needs a fulltime Minister answerable only to the Premier."· Following this statement, on May 13, 1971, the Liberal Party having been returned to government, the first Minister for Environment Control in the State of New South Wales was commissioned, and the State Pollution Control Commission Act, 1970 placed under that .Minister's administration. To assist the Minister the Government approved the establishment of the Department of Environment in addition to the State Pollution Control Commission·having personnel ·of technical expertise. The first publication~ released on May 6, 1971, by the New South Wales Department of Environment under the authority of the Minister, was a preliminary report on improvements of the environment. This surveyed the present state of the environment in New South Wales and throughout Australia. It aimed to examine the present status in New South Wales of 2. C " .• C. environmental problems, and broadly outlined the Government's involvement with the management of pollution ·in the areas of air, land, landscape, fresh water, ocean water, beaches, (" pollution by radioactive wastes, and noise. Following on from this initial publication, in September, 1971, the State Pollution Control Commission (S.P.C.C_.), using the staff and funds of the Department 7 of Environment, conducted a preliminary survey of pollution production, waste disposal and air and water pollution. Seeking information from the 225 Shire, City and Municipal Councils of New South Wales the S.P.C.C. aimed to determine priorities for action from the information received.
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