GOVERNMENT’S PERSPECTIVE

Presentation by

Pengiran Shamhary bin Pengiran Dato Paduka Haji Mustapha

Environment Officer

Ministry of Development

(This paper reflects the view of the author. It does not necessarily represent the official policy and position of the Ministry of Development)

Introduction

Addressing the issue of contaminated land remedial is a relatively new experience for the Government, especially ones dealing with industrial and hazardous wastes. To my knowledge (which is not vast in this relatively new issue), some experience that government has in redevelopment of contaminated land is that dealing with municipal solid waste. However we are in a certain way advantaged to be able to learn from the experiences of other countries that have gone through the process of addressing the issue.

As you are all aware, Brunei Darussalam does not have a very long industrial past

except for the petroleum industry. For this reason it is no surprise that due attention is given to address remediation of Brunei Shell Petroleum’s legacy dumpsites. The initiative of Brunei Shell Petroleum and the authorities in highlighting the issue are indeed welcomed.

Concern Relating to Contaminated Land

Contaminated land remedial issue has moved up in the list of priority issue mainly because the sites which may in the past used to be isolated is now encroached by development. There are increasing/potential pressures for redevelopment of contaminated land in now strategic locations (land availability issue). This is true also for Government dumpsites.

Furthermore there is also greater appreciation of the potential environmental and health risk associated with non-addressed contaminated land (environment and health risk issue).

Then, there is the issue of liability. Taking as an example of Brunei Shell Petroleum’s legacy dumpsites that are located within the concession area, the Government would not like the burden of having to remediate contaminated sites after the land has been returned to the Government. Similar concern also holds true for private landfill on TOL land where the issue of liability of any potential risk to the environment after the land is surrendered back to the Government has not been fully addressed.

Risk Assessment

As you all know there are literally thousands of chemicals and substances that can be found associated with contaminated land. So it is important to use risk assessment to identify those that are most likely to cause future problems.

In this regard Government would be interested to learn on the toxicity to judge whether substances have the potential to cause problems with regard to contamination. For example:

· Having a significant toxicity on humans

· Having a significant toxicity on the aquatic environment

· Having a significant toxicity on the ecosystem

· Having a significant toxicity on materials and structures used on sites

· Having a significant persistence in soil or a tendency to bioaccumulate

· Being likely to occur in significant concentrations on many sites

The Government would be cautious in the use adopted defined levels of risk in view of the complications caused by differences in geology, and in-site variations. Individual site variations can affect chemical and physical propaerties, and substances themselves can interact to increase or even reduce risk.

Standards and Guidelines

At present the Government have not looked at establishing regulation relating to

contaminated land. Even in some countries that have a long Industrial past, such regulations

are relatively new and some still in the pipeline. The absence of regulation should not be an

excuse to neglect responsibility to address remediation of contaminated land in the best

possible means. (This workshop is evidence of effort being put to address on how best to

approach the challenge in remediating contaminated land.)

In guiding efforts for improvement of contaminated land the philosophy of fitness for use

would be seen as reasonable i.e. contaminated land should be restored according to

planned land use. For example, a site that will become an industrial redevelopment will have

different usage and burden of cost that a site designated for housing.

However from the interdepartmental consultations held, the feeling is that Government has

preference in the philosophy of multifunctionality i.e. improvement to a standard suitable

for any possible use. This would cater for potential changes in planned usage of land.

With this I end my presentation and look forward to the presentation of the other invited

speakers and meaningful deliberations that would benefit us all.

Thank you.