Comments on NSE
            Environment Act Review
Most of the proposed changes make sense, and we will not comment on those with which we agree.
The emphasis on better enforcement is needed, as is workload reduction for overworked staff. More budget and more staff are needed for this badly under-resourced department.
Finally, we wish to point out the need to consider industrial farms and industrial aquaculture operations as undertakings automatically subject to environmental Assessments, and emphasize the need to manage rural economic development on the basis of catchment area.
Questions/
            Concerns/ Comments.
2.     
              Goal 1:  Match resources to
            level of risk to the
            environment and human health/ 
Standards or code of
          practice to replace approvals, at times, followed by audit,
          inspection,
          enforcement.
(a)  
            This is fine, provided that reliance on
          standards does not lead to NSE taking
          action only after the damage is done.
(b)  
            Are there other ways of freeing up NSE
          workers to enforce the Act?
3.
          Goal 2:  Use
          resources more efficiently
          and effectively (too much paper, more emphasis on inspection
          and response to
          complaints)
(a)  
            Proposal 2 (more
          flexibility to draw on expertise of independent
          experts and advisors; consolidate powers of Minister.) Should
          not give too much
          discretion to the Minister. 
          The
          “requirement” to engage arm's length input for certain cases
          should not be
          eliminated.  The
          problem here could be
          that political pressure can override NSE workers' advice.
(b)  
             Proposal 4   (Eliminate
timelines
          (with exceptions) and adopt service standard that provides ...
          reliable expectation of processing time.)
Could this mean that
          important, necessary or sensible
          timelines get ignored?  Is
          there much of a
          difference between a timeline and a standard? 
          
4.   
            Goal 3:  Strengthen
          protection for the Environment and Human Health. Clarify
          enforcement
 powers.
Proposal 2: Create an offence
          for failing to comply with Protected Water Areas regulations
Needed badly. 
          How does the Department currently deal with
          violations of Protected Water Areas Regulations? 
Good.  Examples of
          applications?
 
Class I
          undertakings
          include (A) various industrial facilities, (B) various types
          of mining, (C)
          certain transportation projects, (D) certain energy projects,
          (E) various waste
          management projects, (F1) An undertaking that involves
          transferring water
          between drainage basins, if the drainage area containing the
          water to be
          diverted is larger than 1 km2, and (F2) An undertaking that
          disrupts a total of
          2 ha or more of any wetland.
Our
          concern:
Industrial-level
agriculture
          and aquaculture should be explicitly listed under (A), as an
          industrial facility subject to an assessment. 
          
For the
          sake of argument,
          "Industrial agriculture" can be defined as animal rearing
          facilities
          whose rearing densities exceed those given in Table 5 of the
          N. S. Department
          of Agriculture Manure Management guidelines and if the farm and
          contiguous operations of a similarly intense nature exceed 2
          ha. in area or if
          the farm and those of a similarly
          intense nature exceed 1% of the catchment area it/they
          occupies/occupy.  "Similarly
          intense" means
          "exceeding the densities set forth in Table 5 of the Manure
          Management
          guidelines.  Two
          farms would be judged
          "contiguous" if they are separated by less than 100 m.
"Industrial
          aquaculture"
          operations could be defined as those in which the farmed
          commodity is actively fed,
            and (a) if on land, the farm and contiguous
          operations of a
          similarly intense nature exceed 2 ha. in area or if the farm and those of a similarly intense
          nature exceed 1% of
          the catchment area it/they occupies/occupy, and (b) if on water, the operation and
          contiguous ones of a
          similarly intense nature exceed 2 ha. in area or the operation and those of a similarly
          intense nature exceed 1%
          of the area of the lake or embayment they occupy.  "Similarly intense"
          means an
          aquaculture operation where the cultured commodity is actively
          fed.  Two farms on
          land would be judged "contiguous"
          if they are separated by less than 100 m. 
          Two farms in the water would be judged "contiguous" if
          they
          are separated by less than 500 m.
Our
          experiences down here
          tell us that their EA regulations need tuning, with regard to
          intensive farming
          and aquaculture, and that is not included in the discussion
          paper.