PODCAST: Dave west - It's the Law, a look at regulatory enforcement surrounding the management of waste.
Guest clip by Heidi Taylor: Tangaroa Blue - on Operation Clean Sweep
Its the Law!!!
Dave West 10/11/’16
This week our blog is focussed on regulatory enforcement, or rather lack of regulatory enforcement. By our analysis, and excluding littering, between 13-20% of all marine plastic pollution could be eliminated tomorrow simply by irresponsible corporates meeting their legal duties to ensure the waste they generate remains within their control and not polluting the environment
Residual plastic bags being blown from landfills and waste facilities causes as many as 80million bags to be released into our environment each year and polystyrene beads are often seen washing under facility’s fences and into the stormwater drains. Both sources can be readily eliminated through simple management regimes.
At many plastic recycling facilities recovered plastics are sorted and shredded outdoors creating a production line of microplastic pollution, with residual plastic films, fibres and dusts then becoming airborne and escaping the premises. Industrial waste composting facilities too often have inadequate sorting facilities and the compost they make is often riddled with tiny plastic pieces.
Combined, these two sources represent some 8-10% of all MPP found in Australia’s oceans and on shorelines. It is 100% avoidable and the polluters are already legally responsible for ensuring their waste can’t escape their premises.
In NSW, the provisions most likely applicable to the release of plastic nurdles in waterways are:
i. the general offence provision against disposing waste in a manner that harms the environment (POEO Act s 115);
ii. the more specific offence provision prohibiting the pollution of water (POEO Act s 120); or
iii. breach of an environment protection licence (EPL) (POEO Act s 64).
In Queensland, potentially applicable provisions of the EPQ Act include general environmental offences and specific water contamination offences. Namely:
i. causing serious or material environmental harm (ss 437-438);
ii. causing an environmental nuisance, including by contamination (s 440);
iii. depositing prescribed water contaminants (plastics) in waters (s 440ZG);
iv. carrying out an activity without or in breach of an environmental authority (ss 426 and 430 respectively).
It’s clear that in each instance these are illegal acts, so you’d think our environmental regulators whose primary duty is environmental protection would be swarming over these guys, but there not.
In fact a review of the prosecutions and penalties on the public registers we could access didn’t show a single prosecution and penalty – ironic considering my colleague Anthony Lazzaro and I did a quick tour of industrial facilities around Botany earlier this year and identified 9 operations ignoring their responsibilities. Why isn’t it enforced? Disgracefully our regulators don’t seem to think it’s a priority and the only way anything will change is if we pressure our Environment Ministers and get the EPA’s off their butts to enforce the law!
 Based on analysis of plastic bags studies undertaken for the Environment Protection and Heritage Council between 2002 and 2009