How often do you get a say in the environmental impact of major power stations?
In a surprising step, the NSW EPA decided to open up a major mandatory review of environment protection licences (EPL) to the public. The open call for feedback marks a potential shift in regulatory practice, underlining the increased value placed on public opinion in shaping environmental policies. The stakes for maintaining a positive social licence to operate have never been higher.
What is happening?
The EPA is conducting a five-yearly review of EPLs for coal fired power stations. The 5-year reviews are mandatory under s 78 of the Protection of the Environment Operations Act 1997. For those not familiar with environmental licensing, the EPA regulates emissions, noise, water management, land contamination, and waste through EPLs. The EPA is required to conduct EPL reviews at least once every five years.
The interesting feature of this review is that the EPA opened a public consultation process, inviting community input on the operation of these power stations, including aspects such as monitoring and reporting. The public were able to access and participate in the consultation through the EPA’s ‘Have Your Say’ platform and could review the relevant power station licences and pollution monitoring results on the EPA’s Public Register.
The consultation period closed on 27 November 2023, and the results will be made public, including how the submissions influenced the EPA’s review.
Are we seeing a new regulatory direction?
The EPA’s decision to open a public consultation process suggests that the EPA may be embarking on a new direction when conducting its five-year EPL reviews. While it is too soon to say whether the regulator will apply the same broad sweeping public consultative approach to other industries or major players, the approach taken towards coal fired power stations is one that should be noted.
Regardless of whether the EPA continues to carry out EPL reviews in this way, we encourage EPL holders to review their licensing conditions carefully and suggest any changes they would like made to their EPL during their turn in the review process.
