Section 4 Environmental Impact Assessment Framework

Transcription

1 Section 4 Environmental Impact Assessment Framework

2 4. ENVIRONMENTAL IMPACT ASSESSMENT FRAMEWORK 4.1 Environmental Impact Assessment in Western Australia The overall framework for EIA in WA is described in the EPA (2015a) Environmental Assessment Guideline for Application of a significance framework in the environmental impact assessment process Focussing on the key environmental factors. The EPA determines the form, content, timing and procedure for the environmental review of a proposal. For proposals assessed at the level of PER, such as this Proposal, the EPA undertakes this task through the endorsement of an ESD. The outcome of EIA is a decision by the EPA on the likely significance of impacts of a proposal, using a risk based approach. The steps through which this outcome is reached and the relationship between the EIA process and relevant guidance material is shown in Figure 4-1 (the current step in the process is highlighted). FIGURE 4-1: RELATIONSHIP BETWEEN EIA PROCESS AND GUIDANCE The EPA publishes specific guidance at various levels of detail in relation to environmental factors. This guidance generally takes the form of: Position Statements (e.g. PS 2 Environmental Protection of Native Vegetation in WA). Environmental Protection Bulletins (e.g. EPB 23 Landforms). Guidance Statements (e.g. GS 56 Terrestrial Fauna Surveys for EIA in WA). Environmental Assessment Guidelines (e.g. EAG 13 Consideration of Environmental Impacts from Noise). Relevant specific guidance is addressed in the assessment chapters of the PER for the preliminary key environmental factors. Issue Date: 31/08/2016 MRL-ENV-TS-RP-0047-Rev2 Page 4-1

3 4.1.1 Environmental factors An environmental factor is a part of the environment that may be impacted by an aspect of a proposal (Environmental Protection Authority, 2015a). At the scoping and environmental review stages of the EIA process the key environmental factors are described as preliminary key environmental factors. These are the environmental factors initially identified based on referral information and subsequent consultation with DMAs and the proponent (Environmental Protection Authority, 2015b). The scoping stage is the point in the process when the preliminary key factors are finalised and it is these factors that must be addressed in the environmental review documentation. The preliminary key environmental factors for the Proposal, as set out in the ESD, are: Flora and Vegetation Landforms Amenity Subterranean Fauna Terrestrial Fauna Hydrological Processes and Inland Waters Environmental Quality Amenity Heritage Offsets (Integrating Factor) Rehabilitation and decommissioning (Integrating Factor). Key environmental factors are those factors where the EPA s objectives may be met but where there is a (current) lack of confidence, signifying the need for more information or conditions related to implementation (including, if necessary, offsets). For the EPA to recommend that the Proposal be implemented, it needs to be confident that all key environmental factors can be managed to meet the associated environmental objectives. It should be noted that not all preliminary key environmental factors transition to key environmental factors. Some factors may be removed from further assessment where the EPA considers that information provided through the assessment process is sufficient to demonstrate that the proposal is no longer likely to have a significant effect on that factor EPA significance test The EPA applies a Significance Framework to make decisions through the EIA process, based on the concept of significance established under the EP Act. The basic form of the significance framework is shown in Figure 4-2. The basis for the EPA s determination of the likely significance (i.e. the significance test) and acceptability of a proposal is whether or not it is consistent with the framework of environmental principles and policies, environmental factors and associated objectives and relevant guidance material. With regard to environmental objectives, the axis on the left of Figure 4-2 shows increasing likely significance and there are two threshold levels with respect to the EPA s objectives: The level at which there is likely to be a significant effect on the environment as referred to in the EP Act. The level at which there is likely to be an unacceptable effect on the environment. Issue Date: 31/08/2016 MRL-ENV-TS-RP-0047-Rev2 Page 4-2

4 FIGURE 4-2: EPA SIGNIFICANCE FRAMEWORK (EPA, 2015A) In the event that a Proposal is likely to have an unacceptable or significant effect on the environment, a hierarchy of actions is applied to mitigate such effects: Avoid measures taken to avoid the impact altogether. Minimise measures taken to reduce the duration, intensity or extent of impact. Rehabilitate measures taken to repair, rehabilitate or restore disturbed areas. Offset measures taken to counter-balance/compensate for significant residual impacts. Relevant matters for consideration as part of the significance test are set out in the Environmental Impact Assessment Administrative Procedures 2012 and include: values, sensitivity and quality of the environment that is likely to be impacted extent (intensity, duration, magnitude and geographic disturbance area) of the likely impacts consequence of the likely impacts (or change) resilience of the environment to cope with the impacts or change cumulative impact with other projects level of confidence in the prediction of impacts and the success of proposed mitigation objectives of the EP Act, policies, guidelines, procedures and standards against which a proposal can be assessed presence of a strategic planning policy framework presence of other statutory decision-making processes that regulate the mitigation of the potential effects on the environment to meet the EPA s objectives and principles for EIA public concern about the likely effect of the proposal, if implemented, on the environment. Issue Date: 31/08/2016 MRL-ENV-TS-RP-0047-Rev2 Page 4-3

5 With regard to the latter, the key stakeholders are identified and an outline of the consultation conducted to date is provided in Section 1.6. In making decisions on significance, the EPA also considers whether a proposal is consistent with: the principles of the EP Act additional principles adopted by the EPA international, national and state policy agreements related to the environment. 4.2 Australian Government Environmental Impact Assessment Requirements Under the EPBC Act actions that have, or are likely to have, a significant impact on a matter of national environmental significance, require approval from the Australian Government Minister for the Environment and Energy. These actions are known as controlled actions. Matters of national environmental significance protected under the EPBC Act are: world heritage properties national heritage places wetlands of international importance (listed under the Ramsar Convention) listed threatened species and ecological communities migratory species (protected under international agreements) commonwealth marine areas the Great Barrier Reef Marine Park nuclear actions (including uranium mines) a water resource, in relation to coal seam gas development and large coal mining development. A significant impact is defined as an impact which is important, notable, or of consequence, having regard to its context or intensity. More specifically, the significance of an impact depends upon the sensitivity, value and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts (Department of the Environment, 2013). The significance of an impact on a matter of national environmental significance can be assessed using the significant impact criteria developed for each matter (Department of the Environment, 2013). For listed threatened species and ecological communities, the criteria vary depending on the listing category (e.g. critically endangered, endangered, vulnerable) and are provided in Table 4-1. The extent to which an action is deemed to have a significant impact on a matter of national environmental significance takes into account proposed feasible alternatives to the action, possible mitigation measures and proposed offsets to address residual significant impacts on such matters. 4.3 Assessment of environmental impact This document presents the outcomes of work undertaken in accordance with the ESD. It aims to show how the Proposal could be designed and implemented to meet the requirements of both the Australian Government Department of the Environment and Energy (DEE) and the WA EPA through application of the mitigation hierarchy. Issue Date: 31/08/2016 MRL-ENV-TS-RP-0047-Rev2 Page 4-4

6 TABLE 4-1: SIGNIFICANT IMPACT CRITERIA (EPBC ACT) Critically endangered and endangered Vulnerable An action is likely to have a significant impact if there is a real chance or possibility that it will: lead to a long-term decrease in the size of a population lead to a long-term decrease in the size of an important population of a species reduce the area of occupancy of the species reduce the area of occupancy of an important population fragment an existing population into two or more populations fragment an existing important population into two or more populations adversely affect habitat critical to the survival of a species disrupt the breeding cycle of a population disrupt the breeding cycle of an important population modify, destroy, remove, isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline result in invasive species that are harmful to a critically endangered or endangered species becoming established in the endangered or critically endangered species habitat result in invasive species that are harmful to a vulnerable species becoming established in the vulnerable species habitat introduce disease that may cause the species to decline, or interfere with the recovery of the species interfere substantially with the recovery of the species Discussion and evaluation with respect to preliminary key environmental factors and matters of national environmental significance addresses: the EPA s objective for the factor as well as Commonwealth and WA policies and guidelines that apply to the assessment of the potential impacts on the factor the existing environment and how the factor fits into the broader environmental/ ecological context the predicted extent and significance of impact on the factor/matter of national environmental significance arising from implementation of the Proposal the application of the mitigation hierarchy to reduce the significance of impacts in the context of the EPA s objective the residual significant impacts the predicted outcome, taking into account offsets, in terms of whether the Proposal is capable of meeting the EPA s objectives for each factor. The PER also evaluates the extent to which the Proposal is consistent with the principles of the EP Act. Issue Date: 31/08/2016 MRL-ENV-TS-RP-0047-Rev2 Page 4-5

7 4.3.1 Cumulative impact assessment The ESD requires consideration of impacts at a local and regional scale, including evaluation of cumulative impacts. There is no published guidance with respect to the assessment of cumulative impacts in WA for specific environmental factors. MRL has considered cumulative impacts to the extent reasonably practical to do so, and with particular reference to its Carina and J4 operations. The cumulative impact of the Proposal on flora and vegetation, for example, has been assessed with respect to populations of conservation significant taxa. It assumes that the information on remaining populations of taxa includes plants removed by previous proposals by other proponents elsewhere in the region. The assessment of cumulative impact at the vegetation community level is more difficult as community types identified by different botanical consultants are frequently not comparable, thereby limiting the extent of assessment. MRL has sought to overcome this difficulty by engaging a single botanical consultant (ecologia Environment) to identify and map vegetation communities across its tenements in the Jackson, Helena-Aurora and Finnerty Ranges. This has allowed an assessment of the distribution of, and impact upon, vegetation communities at a regional scale. Issue Date: 31/08/2016 MRL-ENV-TS-RP-0047-Rev2 Page 4-6