AGY-1145 | State Pollution Control Commission

Full description

The State Pollution Control Commission was established by the State Pollution Control Commission Act, 1970 (Act No.95 1970) which received assent on 9 December 1970 and came into operation on 16 June 1971.

The State Pollution Control Commission consisted of twelve members, nine of whom were appointed by the Governor and three were ex-officio members. The Crown appointments included a Chairman, Deputy Chairman and Director, and one representative each from the Local Government Association of New South Wales and the Shires Association of New South Wales. Commissioners were appointed to represent the following interests - primary industry, secondary industry; commerce; conservation and recreational activities.

The three ex-officio members were the Under Secretary of the Department of Local Government, the Under Secretary of the Department of Health, and the President of the Metropolitan Water, Sewerage and Drainage Board.

The initial work of the Commission involved the provision of guidance to public authorities in matters concerning the pollution of the environment. A Technical Advisory Committee was established to conduct inquiries while guidelines were produced for Environmental Impact Statements and the construction and operation of land fill waste depots. In September 1971 the Commission undertook the first survey of Air and Water Pollution. The environment was to be protected from "defacement, defilement or deterioration". The first public Inquiry under the Control Commission's Act was an investigation into pollution from Kooragang Island in June 1972. (1)

The State Pollution Control Commission had no direct regulatory powers until May 1974 when it absorbed the staffs of the Department of Environment and the Air Pollution and Water Pollution Control Branches of the Health Commission. The State Pollution Control Commission then took responsibility for the Clean Air Act, 1961 (Act No.69 1961) and Clean Waters Act, 1970 (Act No.78, 1970). In November 1974 the Department of Environment was abolished and the administration of clean air and water legislation was formally transferred to the State Pollution Control Commission. (2)

During 1974 the concept of clean air had been expanded to include odours, emissions of smoke, hydrocarbons and carbon monoxide from motor vehicles. In 1975 the Commission was charged with the administration of the Noise Control Act, 1975 (Act No.35, 1975).

The responsibilities of the State Pollution Control Commission now included:
a) Ensuring all measures were taken to control pollution and protect the environment from harm
b) Setting environmental standards and supervising their implementation
c) Formulating pollution control programs
d) Carrying out, commissions of inquiry, surveys, investigations and research into the environment
e) Administering the Government's Environmental Research Grants Scheme
f) Providing specialist guidance, technical advisory, and educational services for public agencies, industry and the public
g) Conducting formal inquiries and environmental investigations, and resolving environmental issues that are of special significance, highly controversial, or are the subject of a dispute between public authorities
h) Hearing and determine appeals under the Waste Disposal Act
i) Administration of the principles and procedures for environmental impact statements
j) Co-ordination of the State's involvement in all environmental studies carried out jointly by the State and the Commonwealth
k) Reviewing environmental impact statements for proposed projects in which there is joint Commonwealth/State involvement. (3)

In 1976 the State Pollution Control Commission was one of four NSW Government agencies represented on the Major Airport Needs Sydney (MANS) Committee.  The MANS study was a joint Commonwealth-State Committee announced by the Prime Minister of Australia and the Premier of New South Wales on 20 October, 1976. The Study consisted of eight representatives - four nominated by the Commonwealth Government and four by the State. The Commonwealth nominated representatives of the Departments of Finance, House and Construction, Science and the Environment and Transport. The State representatives were from the Planning and Environment Commission; Premier's Department; State Pollution Control Commission and the Traffic Authority. The Chairman (K.J. Cosgrove) was from the Commonwealth Department of Transport. The Committee was initially requested to report by December 1977 but the date was later extended until December 1979. (4) The State Pollution Control Commission served on the Commonwealth-State Committee, the Evaluation, Urbanization and Environmental Consultative Groups. (5)

During the decade of the 1980s the statutory responsibilities of the State Pollution Control Commission increased. Some of the new responsibilities included regulating off road vehicles and land use for such vehicles under the Recreation Vehicles Act, 1983 (Act No.136, 1983); protecting the environment against harm from chemicals and chemical waste, and restoring sites which have become contaminated under the Environmentally Hazardous Chemicals Act, 1985 (Act No.14, 1985) and gross environmental offences relating to the release or spillage of substances and the dumping of wastes under the Environmental Offences and Penalties Act, 1989 (Act No.150 1989)

The Unhealthy Building Land Act, 1990 (Act No.122, 1990) authorised the Commission to test sites where land quality may be prejudicial to health and to disallow building plans and subdivisions.

The State Pollution Control Commission was abolished by the Protection of the Environment Administration Act, 1991 (Act No.60, 1991) and the Environment Protection Authority was established from 1 March 1992 (6) to carry on an enlarged role in relation to the environment.

Endnotes
(1) Annual Report of the State Pollution Control Commission for the year ended 30 June 1972 in the Joint Volumes of Papers presented to the Legislative Council and Legislative Assembly 1972-73 Vol. 4, pp.133-137.
(2) Annual Report of the State Pollution Control Commission for the year ended 30 June 1975 in the Joint Volumes of Papers presented to the Legislative Council and Legislative Assembly 1975-76 Vol. 6, pp.483.
(3) Ibid., pp.484-485.
(4) NRS 159/1/30.
(5) Report of the State Pollution Control Commission for the year ended 30 June, 1977 section 4.18 pp.54-55 In NSW Parliamentary papers 1976-77-78 Vol. 11, pp.696-697.
(6) Annual Report of the Environment Protection Agency for the year ended 30 June 1992, p.8.