2019-02-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                 12 FEBRUARY 2019


2                        INDUSTRIAL PREMISES INSPECTION PROGRAM
DOCUMENT INFORM AT ION




Author                               Coordinator Environmental Health, Geoff Atherfold
                                     Community Services Department

Index                                ECM Licences/Permits/Registrations - Environmental

Attachment                           1.    Industrial Premises for Inspection under a Systematic Inspection
                                           Program


EXECUTIVE SUMMARY
Environmental Health Section investigations conducted in recent years have indicated a negative
environmental impact on the water quality at Eenie Creek which flows into Lake Weyba, a fish
habitat reserve. A resulting inspection of industrial premises determined that management
practices at industrial premises had deteriorated since the State Government repealed the
legislation requiring these premises to hold an Environmental Authority with conditions imposed
to prevent pollution, pay an annual fee and be subject to regular inspections.

In 2017 Council agreed to consider an inspection program for industrial premises and has been
reviewing the options available to legally implement the program and recover the costs. These
options included developing a local law requiring industrial premises to obtain an approval to
operate. The outcome of subsequent investigations concludes:
1.                       The use of a local law to implement an approval and inspection program appears to be no
                         longer legally possible, given such a requirement would conflict with existing State
                         legislation.
2.                       As a consequence, the ability to use a fee to cost recover an inspection program under
                         normal Local Government Act mechanisms, does not appear possible, as an inspection
                         program would need to be part of an approval process, which cannot be implemented.
3.                       Council has indicated it would still like to work with industry to ensure waste discharges, in
                         particular liquid waste is managed appropriately, therefore an inspection program is still
                         proposed.
4.                       The Environmental Protection Act and Local Government Act both provide powers of entry
                         to industrial premises, however there is no provision to charge a fee.
5.                       A “Systematic Inspection Program” could be implemented to ensure compliance with the
                         Environmental Protection Act.
6.                       In keeping with Council’s preference for full cost recovery of services, a cost recovery fee is
                         recommended. A Special Charge is therefore the preferred and logical option. To ensure a
                         smooth introduction of this inspection program and allow communications between Council
                         and the owners and occupiers of industrial premises, the charge is proposed to be deferred
                         until 1 July 2020.
7.                       Communication to the target area of the commercial sector occurred prior to the recent
                         inspection program, covering the reasoning behind the inspections, the preference to have
                         an annual inspection program, and the need for a cost recovery fee.
8.                       As this would be an additional charge on the rates to the property owner, a further 12
                         months lead time to allow for sufficient communication is recommended. The suggested
                         commencement date for commencing a charge is 1 July 2020.




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