The potential and reality of the environment protection licensing system in New South Wales : the case of water pollution

The legislative basis and intent for pollution licensing in New South Wales is comprehensive and provides the Environment Protection Authority (EPA), as the regulatory authority for most pollution, with the ability to consider and protect a range of environmental values through the environment protection licensing system. Despite this ability, this is not occurring in New South Wales. The current regulation of pollution is far from achieving its aims to protect and enhance the quality of the environment, to maintain ecologically sustainable development and to prevent degradation of the environment. These aims are enshrined in the objects of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act) and were widely proclaimed with the introduction of the Protection of the Environment Operations Bill in 1997. This article focuses on the current failures in the implementation of the pollution regulation framework, which have resulted in the degradation of many waterways as a direct result of industrial waste discharges, licensed under the POEO Act. It makes a number of key recommendations for reform of the pollution licensing system, including greater consideration of cumulative impacts of key pollutants, broader coverage of licences, expanded use of market-based approaches, independent monitoring and enforcement, continuous improvement and enhanced public participation. Although this article focuses on case studies involving water pollution, many points are applicable to the licensing and regulation of other types of pollution.