Proposed approach We propose phasing out SEPPs and WMPs, and splitting the component parts into separate fit-for-purpose instruments: A new instrument called environment protection standards will define environmental quality standards and national standards Regulations will set out specific compliance obligations Statutory codes of practice will set out practical guidance on how to comply with the general duty Non-statutory implementation plans and compliance strategies will contain attainment or implementation programs (actions required to meet the environmental quality standards). Our proposed approach is consistent with the 2013 review findings and recommendations, but takes them further by recommending legislative changes. By deconstructing SEPPs and WMPs, the EPA will be able to review and update the different components more readily to maintain scientific currency. This approach also better separates the technical and regulatory elements from high level policy settings, clarifying the EPA’s responsibilities in line with the approach to policy discussed in chapter 5. The lead agency for the proposed new environment protection standards will depend on the proposed content of the standard and the requirement for technical expertise. Table 15.1 sets out our proposed new approach for standard setting, noting the roles expected of the EPA and DELWP. TABLE 15.1 PROPOSED NEW APPROACH FOR STANDARD SETTING Future Proposed statutory Lead Components Current tools Proposed tools agency Environment Policy statements No change No DELWP policy settings Environment State environment protection Environment protection Yes DELWP protection polices standards (new instrument), or EPA standards: including national standards ‘the Waste management policies goal posts’ Compliance Regulations Regulations set specific Yes EPA – obligations requirements that must be State environment complied with protection polices Codes of practice provide – Waste management policies practical guidance on how to meet the general duty Incorporated documents (for example, best practice environmental measures) Guidance Other types of guidance Consolidated forms of No EPA (for example, guidelines, guidance information bulletins) Attainment or State environment Non-statutory implementation No EPA implementation protection polices and compliance strategies programs Waste management policies
Proposed approach We propose phasing out SEPPs and WMPs, and splitting the component parts into separate fit-for-purpose instruments: A new instrument called environment protection standards will define environmental quality standards and national standards Regulations will set out specific compliance obligations Statutory codes of practice will set out practical guidance on how to comply with the general duty Non-statutory implementation plans and compliance strategies will contain attainment or implementation programs (actions required to meet the environmental quality standards). Our proposed approach is consistent with the 2013 review findings and recommendations, but takes them further by recommending legislative changes. By deconstructing SEPPs and WMPs, the EPA will be able to review and update the different components more readily to maintain scientific currency. This approach also better separates the technical and regulatory elements from high level policy settings, clarifying the EPA’s responsibilities in line with the approach to policy discussed in chapter 5. The lead agency for the proposed new environment protection standards will depend on the proposed content of the standard and the requirement for technical expertise. Table 15.1 sets out our proposed new approach for standard setting, noting the roles expected of the EPA and DELWP. TABLE 15.1 PROPOSED NEW APPROACH FOR STANDARD SETTING Components Current tools Proposed tools Future statutory Proposed Lead agency Environment policy settings Policy statements No change No DELWP Environment protection standards: ‘the goal posts’ State environment protection polices Waste management policies Environment protection standards (new instrument), including national standards Yes DELWP or EPA Compliance obligations Regulations State environment protection polices Waste management policies Incorporated documents (for example, best practice environmental measures) Regulations – set specific requirements that must be complied with Codes of practice – provide practical guidance on how to meet the general duty Yes EPA Guidance Other types of guidance (for example, guidelines, information bulletins) Consolidated forms of guidance No EPA Attainment or implementation programs State environment protection polices Waste management policies Non-statutory implementation and compliance strategies No EPA
11370-DELWP-InquiryReport_Word-Version_PART-C.docx