ENVIRONMENTAL LEGAL COMPLIANCE CS-ENV-05
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![CS ENERGY PROCEDURE FOR ENVIRONMENTAL LEGAL COMPLIANCE CS-ENV-05 Responsible Officer: Manager Environment] Approved: Executive General Manager Asset Strategy DOCUMENT HISTORY Date Key Changes Author](/docs-images/78/77720823/images/1-0.jpg "Approver 27/01/1999 Original Issue 17/05/2000 Update responsibilities 03/07/2000 Expand Section 3.")
1 CS ENERGY PROCEDURE FOR ENVIRONMENTAL LEGAL COMPLIANCE CS-ENV-05 Responsible Officer: Manager Environment] Approved: Executive General Manager Asset Strategy DOCUMENT HISTORY Date Key Changes Author Approver 27/01/1999 Original Issue 17/05/2000 Update responsibilities 03/07/2000 Expand Section 3.1 other requirements 28/08/2000 Added diagram 17/11/2000 Added Review and Auditable Outputs 24/11/2000 Minor Editorial changes, Reference to CS-ENVLEGAL-1. 16/02/2001 Updated document history, ERA to maintain licence 31/10/2001 Reference documentation updated 18/11/2002 Replacement of Environmental Legislation Register with Environmental Legal Compliance Manual, reference to Legal Hotline, removal of reference to EMRO, minor editing. 25/11/2003 Minor editing 06/06/2005 Document owner; minor editing; updated Reference Documentation including reference to CPM Env Mgt Implementation Plan. 19/04/2006 Clarification and amendment of processes detailed in Sections 3.1, 3.2 and 3,3; inclusion of Early Warning Updates in Section 6; update organisational titles; minor editing. 6/07/2009 EPA replaced with DERM; references to site-specific documentation removed; Legal Officer changed to Corporate Legal Counsel ; responsibilities for Corporate Legal Counsel added to s. 4; references to licence or authority changed to approval ; update organisational titles; minor editing. 17/11/2011 Document transferred to new template, minor editing. J. Lafferty R. Hartigan Page 1
2 CONTENTS DOCUMENT HISTORY PURPOSE SCOPE ACTIONS Identification of Legal and Other Requirements Distribution and Use of Legal Information Maintenance of legal information R E S PONS IB ILITIES Manager Environment Corporate Legal Counsel Site Environmental Coordinator REVIEW AUDITABLE OUTPUTS DEFINITIONS REFERENCES... 6 Page 2
3 1 PURPOSE This procedure documents the process which ensures that staff have access to up-to-date legal information pertaining to operations. The Environmental Legal Compliance Manual (ELCM) is compiled and maintained by an external Legal Adviser. CS-EMSP-1 : Env. Issues ID What Env. Legal Information is required? REVIEW Legal Adviser Legal Information Early Warning Updates ELCM Updates Legislation (Acts, Regs.) Figure EMSP-05: Environmental Legal Information flow diagram. 2 SCOPE The Environmental Legal Compliance Manual covers all legal and related matters relevant to the activities carried out by the organisation. This procedure covers the Manual, legislation to be held on-site and suggested reference material. 3 AC TIONS 3.1 Identification of L egal and Other R equirements Legal and other environmental requirements are identified from the nature of major activities undertaken by the organisation. This information is used by the Legal Adviser to identify relevant content for the Manual and the issue of Early Warning Updates. Legal Requirements Lists of relevant legislation. Description of the relevance of the legislation to the business operations. Incorporates Early Warning Updates. Other Requirements Lists of Industry Codes of Practice. Lists of Standards. Lists of Guidelines issued by the Department of Environment and Resource Management (DERM). Lists of sampling and analysis manuals published by the DERM. Page 3
4 3.2 Dis tribution and Us e of L egal Information Any staff member must request legal advice, through the Corporate Legal Counsel, where significant legal compliance matters are identified as relevant, before any of the following events: Commencement of a new project which has been identified as having an impact on the environment; During internal reviews of procedures which influence the control of any environmental issue; and Any inquiries raised by other staff members concerning environmental issues. To assist in deciding whether any of the above may have a legal consequence, first refer to the Legal Compliance Manual. A Legal Enquiry Hotline provided by through the Corporate Legal Counsel, can also be used to screen any relevant legal issues. Environmental staff are to refer to the Legal Compliance Manual and Early Warning Updates before advising or distributing legal information relating to environmental issues. Corporate environmental staff coordinate provision of legal support and also forward legal update information via to site Environmental Coordinators. Legislation and environmental approval information is to be available on-site. Each site is to hold or have access to the following information: Latest version of Environmental Authority (licence), Development Approval or Registration Certificate. An electronic or paper copy of the Environmental Legal Compliance Manual. A copy of environmental legislation and its subordinate legislation (e.g. Qld Environmental Protection Act 1994, Environmental Protection Regulations and Environmental Protection Policies). A copy of any local authority environmental legal requirements (refer to ELCM). Subscription to appropriate journals or newsletters (refer to CS-ENV-03 Environmental Communication & Training Process). 3.3 Maintenance of legal information Legal information described by this procedure is to be maintained annually or as required by significant legal changes or initiatives to improve the usefulness of the ELCM. Details of the updating procedure are provided in Corporate Procedure CS-ENV-09 Environmental Legal Compliance Manual Update. Page 4
5 4 R E S PONS IB ILITIE S 4.1 Manager E nvironment Initiate contract for updating the Environmental Legal Compliance Manual. Ensure that updated information is transferred to the Environmental Legal Compliance Manual. Supply of additional reference material to site Environmental Coordinators. 4.2 Corporate Legal Counsel Notify Manager Environment of any significant changes in environmental legislation with potential to influence operations. Offer legal advice upon request for specific legal environmental issues. 4.3 S ite E nvironmental Coordinator Maintain current copy of environmental approval(s) on site. Maintain access to copies of legislation via the Internet. 5 REVIEW The following items are described in CS-ENV-07 Environmental Audit, Review and Performance Evaluation: EMS Audit Program encompasses the checking of this document to ensure it is appropriate and being followed correctly. The Environmental Legal Compliance Review will check the appropriateness of the Legal Compliance Manual. The Environmental Issues Review will identify if new issues or activities have arisen and therefore modifications to the Environmental Legal Compliance Manual are to be initiated. Documentation review will check that appropriate environmental approval, statutory and other legal requirements are referenced in these documents where deviation in processes can affect legal compliance. 6 AUDITABLE OUTPUTS Early Warning Updates Environmental Legal Compliance Manual Page 5
6 7 DEFINITIONS Definitions to the following are found in the EMS Manual Definitions: environmental issue. 8 REFERENCES Reference No Reference Title Author "B/D/11/31089" "B/D/11/31091" "B/D/11/31095" "B/D/11/31097" Queensland and Australian Government Websites CS-ENV-01 - EMS Procedure Environmental Issue Identification CS-ENV-03 - EMS Procedure Environmental Communication & Training Process CS-ENV-07 - EMS Procedure Environmental Audit, Review & Performance Evaluation Environmental Legal Compliance Manual CS-ENV-09 - EMS Procedure - Environmental Legal Compliance Manual Update Environmental Protection Legislation Page 6
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