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The following list of Frequently Asked Questions are based on the Queensland legislative system. This page will be regularly updated as new Frequently Asked Questions arise.
If you have any queries on any of this information, please don't hesitate to Contact Us and speak to one of our friendly staff for assistance.
Disclaimer: The following information is offered as guidance only. Whilst every care has been taken in compiling this information, no assurances are given that the content is free from error. McCollum Environmental Management Services Pty Ltd and its officers, consultants, agents and employees take no responsibility whatsoever for any loss, damage or claim arising either directly or indirectly out of the use of this material.
General Questions
A. Every now and then you will need outside and objective assistance to manage your operation. This is not a time to just go with the lowest bid: you want the best for the job. At McCollum Environmental we believe that choosing the correct environmental consultant for your needs is essential and we have developed a simple yet effective checklist to help you to choose the right consultant for your job, and your business.
By downloading the following document and working through the four basic steps for choosing and managing the right consultant, your business will benefit through the engagement of a consultant who suits your specific needs.
Download - Choosing an Environmental Consultant Checklist
McCollum Environmental can offer objective advice which is not geared toward political advancement or promotion; is a frame of reference and based on best practice through industry experience; is based on methods which gain results more quickly than internal trial and error; and provides a permanent transfer of skills to your personnel.
As a consultant to your business, we do not rely on “off-the-shelf” methods which won’t suit your specific needs; we are sensitive to your business, culture and environment; we will not threaten your employees by the mere presence of an “outsider”; and we do not provide “ideal” solutions which will not be practical for your business.
At McCollum Environmental we value our clients and base our activities on the following simple rules:
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Asking a lot of questions; |
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Being analytical, and not having "standard" answers; |
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Seeking alternative solutions; |
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Using up-to-date information and methods; |
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Admitting when we do not have an answer, and finding the correct answer; |
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Having good experience in what you want done, and the contacts to call upon other industry experts to assist us; |
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Having staff who are people orientated and who can get along with a wide variety of beliefs and methods; |
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Involving everyone who is necessary to the project; |
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Keeping you informed on the progress of the contract; |
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Having a good reputation and references to support us; |
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Being clear on how our clients are billed, and for what; |
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Being conscious with your money. |
McCollum Environmental belongs to the Mining Industry Consultants Association (MICA), the Australian Institute of Management and the Queensland Chamber of Commerce. We take our work seriously and are willing to stand up to scrutiny.
A. Mining and Petroleum Activities are Environmentally Relevant Activities (ERAs) as defined under the Environmental Protection Regulation 2008 as they have the potential to harm the environment. To undertake a mining activity, you are required to obtain an Environmental Authority (EA) under the Environmental Protection Act 1994 and hold tenure under the Mineral Resources Act 1989. To undertake a petroleum or gas production activity, you are also required to obtain an EA under the Environmental Protection Act 1994 and hold tenure under the Petroleum and Gas (Production and Safety) Act 2004. An EA provides the operator with a list of conditions on how you will conduct your operation in order to minimise potential harm from the activities to the environment. Your tenure allocation will provide you with a further set of conditions to enable you to mine the resource. You cannot operate a mining operation without having both of these permits in place.
A. Environmentally Relevant Activities (ERAs) include but are not limited to: Aquaculture and Intensive Animal Feedlotting; Chemical, Coal and Petroleum Products Activities; Energy Related Services; Extractive Activities; Fabricated Metal Product Activities; Food Processing; Metal Production and Mineral Processing Activities; Non-Metallic Mineral Product Manufacture; Sawmilling, Woodchopping and Wooden Product Manufacture; Transport and Maritime Services; Waste Management; and Water Treatment Services. A complete list of activities is available in the Environmental Protection Regulation 2008.
If you conduct environmentally relevant activities your local authority or the Department of Environment and Resource Management (formerly the Queensland Environmental Protection Agency) will require you to obtain a development approval, which lists a set of conditions on how you must carry out the operation and an operator’s registration which actually allows you to operate the activity. These conditions can include limits on the noise you can make and the hours for this noise, water management and runoff controls which must be undertaken and limits on emissions you can release to the air. You must comply with these conditions or the administering authority may take action against your operations. These actions can include ceasing your activity and/or issuing you with a monetary penalty.
Contact Us if you have any doubts about the lawfulness of the activities you are conducting.
Tenure Management
A. The Queensland mining lease application process has statutory timeframes, some of which cannot be shortened, even by the administering authorities. The mining lease application process consists of two parts – the tenure application process and the environmental approval process. Even though these two processes mostly run concurrently, due to the statutory timeframes a mining lease application process usually takes at least 12 to 18 months. These timeframes also depend on the size of your project and whether it requires an Environmental Management Plan or a full Environmental Impact Statement. Stakeholder relationships can also affect the timeframe for your project.
A. Formal objections received during the notification period will be handled via a formal process through the Queensland Land Court. The Land Court deals with issues in dispute regarding but not limited to: applications for mining; to determine compensation for landowners affected by mining applications; to hear objections to draft environmental authorities (mining activities); and to review certain administrative decisions relating to mining made by the Department of Environment and Resource Management. During this process, the progress of your project will be frozen until all disputes are resolved.
In order to avoid objections to your application, it is suggested that a thorough and effective community consultation program be implemented early in the process, and preferably prior to lodging your application with the Administering Authority.
A. Coal Seam Gas (CSG) and Underground Coal Gasification (UCG) are two natural resource industries which are developing within Queensland and due to the nature of their operations, they have the potential to impact upon each other when tenures overlap. Due to this potential conflict between the two industries over land and resource rights, the Queensland Government, on the 18th of February, announced its Underground Coal Gasification Policy which aims at clarifying tenure rights between UCG and CSG. The policy outlines three UCG pilot projects that are taking place to assess the viability of the technology. With regard to tenure rights the Policy states that:
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For proponents holding an exploration tenure for coal (EPC or MDL) that wish to undertake UCG activities on land that is subject to an overlapping petroleum exploration tenure (ATP), the Minister will always give preference to the petroleum tenure as to allow the CSG project to reach the production stage. |
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For proponents holding an exploration tenure for coal (EPC or MDL) that wish to undertake UCG activities on land that is not subject to an overlapping petroleum exploration tenure (ATP), you may nominate your interest in future UCG activity by applying for a ‘specified mineral exploration permit’ (EPS). This must be done within 12 months of the Policy’s start date and the mineral ‘f’ is to be added to the EPS. This will serve to safeguard the tenement and allow potential future UCG activity in case of future petroleum exploration tenure applications over the area. |
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Depending on the outcomes of the three pilot projects, EPS holders may then be able to apply for a MDL allowing for UCG activities within four years of the policy’s start date.
The fate of UCG in Queensland is in the hands of the pilot projects and their outcomes. An Industry Consultative Committee has been created to consider the development of future tenure arrangements and if it is found that UCG is a viable, efficient, environmentally responsible process then it is foreseen that exploration permits dedicated to UCG will be introduced. For now however the Policy has provided some clarification and certainty for both UCG and CSG stakeholders.
For more information on the Underground Coal Gasification Policy or for general tenure management advice regarding UCG or CSG please contact our friendly staff on Contact Us |
Cultural Heritage Management
A. The purpose of a Cultural Heritage survey is to identify and record any Aboriginal Cultural Heritage that may be located within a project area. Under the Aboriginal Cultural Heritage Act 2003, any activities which have the potential to harm Aboriginal Cultural Heritage must consider the Duty of Care guidelines administered by the Department of Environment and Resource Management (formerly the Department of Natural Resources and Water). These guidelines ensure that activities are managed to avoid or minimise harm to Aboriginal Cultural Heritage.
Activities which involve clearing and land disturbance, such as clearing drill pads and access tracks for exploration activities, should be inspected by the appropriate Aboriginal Party(s) prior to work commencing. Cultural Heritage monitoring and clearance activities must also be conducted even after a full cultural heritage survey has been completed over a prescribed project area, unless otherwise authorised by the designated Aboriginal Party(s).
For further advice on when you might need to undertake a Cultural Heritage survey, please Contact Us.
A. When having Cultural Heritage surveys conducted over an area, it is important that you engage the correct Aboriginal Parties for that area. To correctly identify these Aboriginal Parties, the following activities should be undertaken as a minimum:
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Determine if the area is Freehold or Leasehold land; |
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Complete a Department of Environment and Resource Management search of the Cultural Heritage Register and the Cultural Heritage Database; |
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Check for any existing Native Title Agreements over the area; and |
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Map the project area to see if and where there are any overlapping Claimant Boundaries. |
When engaging the Aboriginal Party(s) for the area, it is important that all parties have a clear understanding of each other’s requirements. If this is the first time that both parties have worked together, it is advisable that an initial meeting takes place for both parties to meet and outline how they would like to progress. This is good practice for building future relationships between the company and the Aboriginal Party(s). Cultural Heritage agreements, such as a Memorandum of Understanding (MOU) and Terms of Reference (ToR), Cultural Heritage Management Agreement (CHMA) or Cultural Heritage Management Plan (CHMP), may need to be implemented prior to the commencement of any ground work. These Cultural Heritage agreements should outline how future surveys will be undertaken by both parties and the associated costs.
If you require assistance with your Cultural Heritage requirements, please refer to our services for Cultural Heritage.
Environmental Management
A. If your exploration tenure has a Level 2 Environmental Authority (EA) (exploration), you are required to conduct activities in accordance with the Code of Environmental Compliance for Exploration Permits (the Code). Under the Code this means that you can not conduct exploration activities involving machinery in or within 500 metres of an Endangered Regional Ecosystem (ERE).
If you currently operate under a Level 2 EA (exploration) and would like to undertake exploration activities in or within an ERE, you can make an application to the Department of Environment and Resource Management (formerly the Environmental Protection Agency) to amend your current EA. This is a relatively simple process which involves completing an Application for amendment of Environmental Authority (mining activities) form and an Environmental Management Plan outlining how you will manage your environmental impacts in or within 500 metres of the ERE. The degree of disturbance that your proposed exploration program will have on an ERE will determine whether your current EA is amended to a Level 2 non-code compliant EA (exploration) or a Level 1 EA (exploration).
If you currently operate under a Level 2 non-code compliant EA (exploration) or a Level 1 EA (exploration), you may be permitted to conduct some exploration activities in or within 500 metres of an ERE but it is suggested that you thoroughly check your current EA conditions and if you are unsure, seek expert advice prior to undertaking any works.
Our dedicated team of staff are experienced in providing advice on managing exploration activities within Endangered Regional Ecosystems so please don’t hesitate to Contact Us for assistance.
A. It is important that you begin planning early for your mining project. During the exploration phase you should start to consider environmental factors which may affect your project and conduct some baseline monitoring and research. When you apply for a mining lease you will require background information on many environmental factors including surface and groundwater, spoil/waste rock characteristics, noise, air, flora, fauna, cultural heritage and land resources. It is best that you commence gathering this information as soon as you can so that your monitoring accounts for seasonal variations.
You should also consider establishing positive relationships with landowners and other stakeholders, including regulatory agencies and the community.
Early planning for your project can also assist in mine planning matters and the early identification of environmental, social and economic factors which may adversely affect your project and influence your mine planning.
To commence the early planning for your project, please Contact Us and speak to one of our friendly staff.
A. Under the Environmental Protection Act 1994, there are certain project triggers which will determine whether you need to undertake an EIS for a mine development. However, it should be noted that even though there are predetermined triggers, the Department of Environment and Resource Management (DERM) can at any time determine if your project requires a full EIS rather than an EM Plan.
An EIS requires significant background research and public consultation and input which can take considerable time. You will be required to prepare a Terms of Reference (TOR) for the EIS which is released for public comment. Once the TOR has been finalised, the EIS is prepared and again released for public comment. An EIS also contains a lot more detailed information and does include an EM Plan as part of the document.
The EM Plan process is simpler in that it does not require the preparation of TOR, although there are specific guidelines on what must be included in the EM Plan. An EM Plan process is often quicker than the EIS process and generally does not require as much public consultation. Regardless, the EM Plan process should include some public consultation.
Please don’t hesitate to Contact Us for further advice on whether your project will require the EIS or EM Plan process.
A. Following the approval of your mining lease and your Environmental Authority (EA), a Plan of Operations (PoO’s) must be submitted to the Department of Environment and Resource Management. This Plan must be prepared and submitted at least 28 days prior to operations commencing on site.
Your PoO’s will reflect the contents of your Environmental Management Plan (EM Plan) or your Environmental Impact Statement (EIS) and your EA. It will be your operational document which describes in detail how you will achieve your EA conditions and the commitments in your EM Plan or EIS. A PoO’s has a maximum life of five years and can be submitted annually if you anticipate your operations to vary in the initial few years.
If you need assistance with writing your Plan of Operations, don’t hesitate to Contact Us.
A. Environmental management on an operating mine should begin as soon as any activity on site commences. The Plan of Operations (PoO’s) for your project takes effect immediately upon commencement of your operation. Under the PoO’s, you will have certain environmental management requirements and it is important that these are addressed and kept up to date rather than left to the last minute or picked up through a non-compliance or a Department of Environment and Resource Management audit.
For assistance with your site environmental management, refer to our Site Services page.
A. Your Plan of Operations (PoO’s) will outline the basic requirements to keep your operation in compliance. You will be required to undertake certain management activities relating to surface and ground water, sewage treatment, drainage, erosion and sediment control, notifiable activities, waste, weeds, topsoil, clearing, landform stability, disturbance areas, rehabilitation, monitoring, pollution control, record keeping, emergency spills, incident reporting, noise, dust, vibration, etc.
Your PoO’s will also require updating to ensure that your Plan reflects the works undertaken on site. This could involve a simple amendment application to the Department of Environment and Resource Management (DERM) or the submission of a fully revised PoO’s.
In addition to the management requirements in your PoO’s, there are other State and Federal evaluation and mandatory reporting such as the DERM Annual Returns, Regulated Waste Tracking, Energy Efficiency Opportunities and National Pollutant Inventory requirements.
McCollum Environmental has developed a simple system whereby all site environmental management activities can be scheduled and tracked for a particular project to ensure that all operations remain lawful and legal and all reporting to Administering Authorities is submitted on time. This system sets up a workgroup which links field personnel with our Mackay/Brisbane office personnel and all activities can be tracked to ensure site environmental management activities are kept up to date.
A. There are many schemes and programs designed to monitor and reduce greenhouse gas emissions and energy use. Currently there are programs administered by both the Federal and State governments. Most of these programs have a trigger criterion whereby if emissions or energy use exceed a predetermined level for a given period, your operation may be captured by the program and compulsory reporting will be required. Others are voluntary and can be used to increase energy efficiency, demonstrate your company’s commitment to greenhouse gas reduction, reduce costs and promote your business by displaying accredited logos. Some of the current and proposed schemes and programs include:
The National Greenhouse and Energy Reporting System (NGERS)
NGERS is a federal initiative, administered by the Department of Climate Change, which commenced on the 1st of July 2008. The NGER system is enforced by the National Greenhouse and Energy Reporting Act 2007 and aims to establish a national framework for large corporations to report greenhouse gas emissions, energy consumption and energy production. Currently, corporations must report their greenhouse emissions if:
- A facility in their control emits 25 kilotonnes or more of greenhouse gas or consumes/produces 100 terajoules or more of energy: or
- Their corporate group emits 125 kilotonnes or more of greenhouse gas or consumes/produces 500 terajoules or more of energy. These thresholds will be lowered annually until 2011-12.
The NGER System is intrinsically tied with Australia’s proposed carbon emissions trading program the ‘Carbon Pollution Reduction Scheme’ (CPRS), providing emissions measurement methodology and raw data.
Energy Efficiency Opportunities (EEO)
On a federal level, the Energy Efficiency Opportunities program requires corporations that consume large amounts of energy to report to the Department of Resources, Energy and Tourism under the Energy Efficiency Opportunities Act 2006. The program operates over a five year cycle and aims to increase energy efficiency by implementing cost effective energy saving initiatives. Participation is compulsory for corporations that consume 500 terajoules or more of energy per annum with requirements including the preparation of an assessment and reporting schedule, energy use assessments and annual reports to both the public and Federal government.
Smart Energy Savings Program (SESP)
The Queensland Government’s Smart Energy Savings Program commences on the 1st of July 2009. It operates in a similar manner to the Federal Government’s Energy Efficiency Opportunities program and aims to capture medium to large energy consuming businesses. Businesses participating in the EEO program are not required to participate in the SESP. The program is administered by the Office of Clean Energy and enacted under the Clean Energy Act 2008.
For 2009-10 businesses consuming between 100-500 terajoules of energy will be required to participate. This threshold will be reduced over time to capture smaller energy consuming businesses with participants required to complete a five year cycle involving baseline data collection, a Level 2 energy audit and the production of an Energy Savings Plan. Annual public reporting for the program is also required.
ecoBiz
The Queensland Government’s ecoBiz program is run through the Department of Environment and Resource Management (formerly the Environmental Protection Agency). It is a voluntary program aimed at reducing business costs and improving environmental performance through waste minimisation and energy and water efficiency initiatives. The program involves undertaking a baseline assessment of costs and site survey, with an action plan then prepared. When developing the action plan, the “payback” period is calculated allowing business to weigh up the costs and benefits associated with improving their environmental performance. Upon completion of the cycle the business is able to display the ecoBiz partner symbol, however, a reassessment of environmental performance is required on an annual basis to retain status. As a registered ecoBiz facilitator, MEMS can guide your business through the ecoBiz program to assist in delivering cost effective environmental performance outcomes.
For assistance with keeping your company compliant with the Government’s many greenhouse gas emissions and energy use programs please don’t hesitate to contact us on Contact Us.
A. The National Pollutant Inventory (NPI) is part of the National Environmental Protection Measures (NPI NEPM) and took effect in Queensland in 1998. It is administered by the Department of Environment and Resource Management (formerly the Environmental Protection Agency) under the Environmental Protection Act 1994. NPI is different to other emissions programs such as the National Greenhouse and Energy Reporting System and Energy Efficiency Opportunities in that it requires sites to report on emissions of pollutants rather than that of greenhouse gases or energy usage. Pollutants reported through NPI are divided into six categories and comprise 93 substances, with reporting required if a threshold for a particular category is met or exceeded. Data from NPI reports is publicly available via the NPI website, with reporting completed on an annual basis.
For further advice on NPI reporting please don’t hesitate to contact MEMS on Contact Us.
A. The Federal Government has proposed the introduction of the Carbon Pollution Reduction Scheme (CPRS) to put into action Australia’s climate change strategy. Administered by the Department of Climate Change, the CPRS is Australia’s version of an Emissions Trading Scheme and will effectively place a cap on the amount of carbon pollution industry can emit. Companies will have to purchase tradeable ‘Carbon Pollution Permits’ for each tonne of CO2 (or CO2 equivalent) emitted. This will act as an incentive for companies to explore greenhouse gas abatement strategies and increase energy efficiency. The CPRS was initially earmarked to start in July 2010 however due to the global financial crisis it has been delayed to soften the impact on industry. The proposed commencement date is now the 1st of July 2011 however there is still a great deal of controversy and uncertainty surrounding the CPRS’s potential economic impacts.
Government reports estimate that the number of companies having to fulfil obligations under the CPRS would be close to 1000, signifying the emphasis is solely on large scale polluters (those that emit over 25 000 t of CO2 per year). Depending on the impact of the emissions trading scheme on these industries, downstream effects may be significant on small business and households. These effects will come about as large scale polluters pass on their increased operating costs.
For more information about the CPRS and it’s ramifications for your business please contact us on Contact Us.
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