This bulletin provides information about legislation that is upcoming and under review.  It also offers information on draft publications and a selection of recent fines and prosecutions. 

This bulletin has been collated by Environment Essentials from selected Australian and New Zealand government and other websites. The bulletin is published every two months.  Exclusions.

Legislation - Upcoming

NSW – Biodiversity – Threatened Species Conservation Act to include ‘Biobanking’
The Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 seeks to resolve the conflicting pressures to develop NSW coastal areas and to conserve biodiversity.  It would allow some development which damages onsite biodiversity if offsite biodiversity of equal or better values is conserved. A joint parliamentary committee is currently considering implementation guidelines and options. More.

QLD – Land - Amendments proposed to aid land management
The Land and Other Legislation Amendment Bill 2007 has been drafted. It includes changes to the Vegetation Management Act 1999 and the Integrated Planning Act 1997 to make it simpler for property owners to voluntarily nominate their own property as an area of high conservation value or vulnerable to land degradation. More.

SA – Climate Change and Greenhouse Emissions Reduction Bill 2006 introduced
The above Bill is before Parliament. It provides for measures to address climate change and includes:

• setting targets to reduce greenhouse gas emissions
• promoting the use of renewable energy
• promoting understanding of climate change
• facilitating the early development of climate change policies and programs.  View the Bill.

SA – Chemicals - Dangerous Substances and Major Hazard Facilities Bill 2006 introduced
The above Bill has been introduced to Parliament. It:

• provides for matters relating to dangerous substances and major hazard facilities
• repeals the Explosives Act 1936
• amends the Dangerous Substances Act 1979, the Environment Protection Act 1993 and the Road Traffic Act 1961. More.

TAS - Litter Bill before parliament
New legislation for the control and prevention of litter is currently before Parliament.  The Litter Bill will replace the Litter Act 1973 and contains more contemporary approaches to preventing, controlling and cleaning up litter. View the Bill.

VIC – Environment and Resource Efficiency Plans to be developed
During 2007, the EPA will develop regulations to put Environment and Resource Efficiency Plans into effect.  These regulations will set thresholds for site energy and water consumption that will trigger the need to prepare an Environment and Resource Efficiency Plan.  More.

WA – Chemicals - Dangerous Goods Safety Act 2004 to be proclaimed 1 July
The Dangerous Goods Safety Act 2004 is expected to be proclaimed on 1 July 2007. The proposed regulations will be published in May 2007. Public comment has led to numerous changes to the act, regulations, codes and related codes of practice. View a summary of the current reforms.

 

Legislation - Under review

Australia - Product Stewardship NEPM in process
Development of a National Environment Protection Measure (NEPM) for product stewardship was initiated in 2005. The NEPM will guide the development of product stewardship agreements for particular sectors. It will also include schedules for sector-specific product stewardship agreements which may include, but may not be limited to, televisions and tyres. More. 

Australia - Review of Ambient Air Quality NEPM
A full review of the Ambient Air Quality National Environment Protection Measure (NEPM) was due to commence in 2005.  The review aims to evaluate the performance of the current NEPM in achieving the desired environmental outcomes and to recommend any changes required to reflect changes in science or policy. View the issues paper.

The full range of issues related to the air quality standards for ozone was to be considered in the Ambient Air Quality NEPM review, including the maximum levels that should be set for ozone in outdoor air. More.

Australia – Review of Diesel NEPM  - Closed for comment
In June 2006, the National Environment Protection Council (NEPC) initiated a review of the Diesel National Environment Protection Measure (NEPM).  The discussion paper was released on 20 October 2006 for stakeholder comment.  Comments closed on 15 December 2006. More.

Australia – Review of NPI NEPM - Closed for comment
A draft National Pollutant Inventory (NPI) Variation was released last year for public consultation.  Major changes proposed include:

• a name change
• inclusion of transfers
• inclusion of greenhouse gas emissions
• substance and threshold changes
• removing the exemption for aquaculture reporting
• changes to publication requirements.

Comments closed in September 2006. More.

Australia - Review of the Assessment of Site Contamination NEPM - Closed for comment
A NEPM variation, based on recommendations in the National Environment Protection (Assessment of Site Contamination) Measure Review Report, was proposed in 2006. The changes will incorporate the latest methodologies for assessing contaminated sites and updating guidance on site assessment methods in line with technological changes. More.

TAS – New contaminated sites laws – Open for comment until 11 May
An amendment to the Environmental Management and Pollution Control Act 1994 has been drafted to include a new Part dedicated to contaminated sites.

The changes include new notices and conditions for serving notices, which will be guided by the “polluter pays” principle. The new legislation will be supported by a Regulation and a Planning Schedule. Comments close 11 May 2007. More.

TAS - New air quality regulations proposed - Closed for comment
Draft regulations and a regulatory impact statement on domestic solid fuel burning appliances (mainly wood heaters) and backyard burning have been prepared. Public comment closed in 2006. For more details, click here and go to page 3.

TAS - Draft noise management policy released - Closed for comment
A draft framework to manage noise issues, known as the Draft Environment Protection Policy (Noise), has been released. Public comment closed in February. More. 

TAS – New regulations proposed for tracking controlled waste - Closed for comment
New regulations requiring handlers of controlled waste to track its movement will be introduced in 2007. An Internet based tracking system will be available to help manage records. Public comment has closed. More.

TAS – Changes to annual permit and rate assessment fees underway
New regulations will change the structure of annual permit fees and the way hourly rate assessment fees are charged. They will be known as the Environmental Management and Pollution Control (General Fees) Regulations 2006 and will replace the Environmental Management and Pollution Control (General Fees) Regulations 1995 and the Environmental Management and Pollution Control (Environmental Improvement Programme Fees) Regulations 1994.  A Regulatory Impact Statement will detail the changes. For more details, click here and go to page 7.

TAS – New regulations on infringement notices in process
The Environmental Management and Pollution Control (Infringement Notices) Regulations 1996 were due to expire on 5 June 2006 and were extended until 1 January 2007.  A process for developing new regulations has started. For more details, click here and go to page 7.

TAS - Water policy under review
The State Policy on Water Quality Management 1997 is to be reviewed and will include public consultation. It is proposed that a discussion paper will be released for public comment. For more details, click here and go to page 2.

TAS - Marine pollution regulations under review
The Pollution of Waters by Oil and Noxious Substances (Oil and Noxious Liquid Substances in Bulk) Regulations 1989 were to be reviewed during 2006.  Drafting instructions have been forwarded to the Office of the Parliamentary Counsel. For more details, click here and go to page 2.

TAS – Amendments to Noise Regulations proposed
Amendments to the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 have been proposed. The amendments aim to improve administration and expand the scope to include controls on noise sources such as security alarms and amplified music.  Public consultation will occur. For more details, click here and go to page 4.

VIC – Prescribed waste - Regulations to be amended
Minor amendments to the Environment Protection (Prescribed Waste) Regulations 1998 are proposed. Categories of prescribed industrial wastes will be defined, based on their level of hazard, allowing different levies to be applied.  Changes are proposed to commence on 1 July 2007. More.

VIC – Scheduled premises - Draft amended regulations for scheduled premises – Open for comment until 17 May
The Environment Protection (Scheduled Premises and Exemptions) Regulations 1996 are due to expire on 15 July 2007.  The Draft Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 and Regulatory Impact Statement for the Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 are now available for comment. Comments close 17 May 2007. More.

NZ - Kapiti Coast District Council – Noise – Changes to noise boundaries and standards at Paraparaumu Airport - Open for comment until 18 May
A plan to change noise boundaries and standards at Paraparaumu Airport has been prepared.  Plan Change 73 to the District Plan will:

• alter the zone of Paraparaumu Airport
• amend the airport noise boundaries and associated standards over nearby zones
• provide for aviation, commercial and open space activities. 

Submissions close 18 May 2007.  More.

NZ - Bay of Plenty Regional Council – Discharges – Variations on nitrogen and phosphorus discharges in the Rotorua Lakes Catchments summarised - Closed for comment
Draft Variations 5 and 6 to the Proposed Regional Water and Land Plan have been released. The variations include new rules to set boundaries and limits for nutrient loss from land use activities in the Rotorua Lakes Catchments.  Comments have closed. More.

NZ - Tasman District Council – Air quality – Decisions on PM10 discharges summarised – Closed for comment
A summary of decisions on Variation 51 to the Proposed Tasman Resource Management Plan has been prepared.  Variation 51 relates to new rules designed to manage air quality, specifically PM10 discharges. Comments closed on 7 May 2007.  More.

NZ - Tasman District Council – Water – Decisions on management of water in the Waimea Plains summarised – Closed for comment
A summary of decisions on Variation 52 to the Proposed Tasman Resource Management Plan has been prepared.  Variation 52 relates to the management of water in the Waimea Plains.  Comments closed on 7 May 2007.  More.

NZ - Waikato Regional Council – Water – Summary of submissions on management of freshwater use prepared – Closed for comment
A summary of submissions to Variation 6 to the Proposed Regional Plan, relating to water allocations, has been prepared. The variation aims to manage the allocation and use of fresh water throughout the Waikato region.  Comments have closed.  More.

Publications - Drafts

Australia – RIS on environmental impact of plastic bags released - Closed for comment
The Consultation Regulatory Impact Statement - Investigation of Options to Reduce the Environmental Impact of Plastic Bags, January 2007 has been released. Comments closed in February 2007. More.

ACT – Biodiversity – Draft listing criteria – Open for comment until 21 May
Proposed amendments to the guidelines and criteria for the document Assessment of Threatened Species and Communities are open for comment. The proposed changes update the ten year old document to reflect current terminology, remove older information and improve clarity. Comments close 21 May 2007. More.

SA - Water - Draft guideline on groundwater sampling published - Closed for comment
The draft EPA Guideline: Regulatory Monitoring and Testing: Groundwater Sampling was published last year. The guideline aims to:

• improve consistency in sampling groundwater
• maintain quality and traceability in monitoring programs.

Comments closed in February 2007. View the draft.

SA - Water – Draft guideline on water and wastewater sampling published - Closed for comment
The draft EPA Guideline: Regulatory Monitoring and Testing: Water and wastewater sampling was published in December 2006. Comments closed in February 2007. The guideline sets minimum standards and gives practical guidance on water and wastewater sampling for regulatory purposes. View the draft.

TAS - Draft climate change strategy released - Closed for comment
A draft strategy on climate change has been published. Public comment has closed and comments are now being collated and reviewed. More.

TAS - Approved management method for clinical and related waste drafted - Closed for comment
A draft Approved Management Method for Clinical and Related Wastes (AMM) was released for comment in March 2005. Gazettal and release of the final AMM was expected in mid 2006. Comments have closed. More.

TAS - Approved management method for biosolids reuse in process - Closed for comment
An Approved Management Method (AMM) for Biosolids Reuse was being finalised in 2006. It allows biosolids to be applied to land, provided it complies with key sections of the Tasmanian Biosolids Reuse Guidelines 1999. For more details, click here and go to page 4.

VIC – Water - Water (Resource Management) Regulations 2007 Regulatory Impact Statement  – Open for comment until 18 May
A Regulatory Impact Statement (RIS) has been prepared in relation to the proposed Water (Resource Management) Regulations 2007.  The proposed Regulations aim to prescribe:
• fees for applications relating to water shares, water allocations and related dealings
• fees for lodging documents with the Water Registrar to make recordings in the water register
• fees for applications to amend or search the water register
• persons who may search the water register for specified information or records.
Comments close 18 May 2007. More.

VIC – Prescribed waste - EPA Publication 448 to be amended - Closed for comment
In addition to the proposed changes to the Environment Protection (Prescribed Waste) Regulations 1998 (in Legislation – Under review), the EPA has revised guidance on contaminated soils (EPA Publication 448.2 - Classification of Wastes), so that contaminated soils that will be disposed of to landfill can be classified as Category A, B or C.  Comments have now closed. More. View the draft publication.

News

Fines and prosecutions

VIC – Fines and prosecutions
EPA Victoria has fined a number of companies, and individuals, for environmental breaches. This includes:

• paper company - more than $5,000 for a spill of liquid paper pulp into the stormwater system.  More.
• Victorian council - more than $5,000 for a spill of bitumen road primer into the Richardson River in Donald. More.
• an individual – more than $1,200 for pouring 40 litres of diesel into a suburban drain, causing an environmental hazard. More.
• an individual – more than $1,200 for dumping waste concrete next to a roadside in Woodend. More.
• Victorian water authority - more than $10,000 for breaching its licence and causing an environmental hazard. More.
• mining company – more than $5,000 for a spill of untreated, contaminated groundwater into a section of Myers Creek in Bendigo. More.
• landscaping company - $5,000 for breaching a Pollution Abatement Notice (PAN). More.
• Victorian company - more than $5,000 for a spill of bitumen primer into a creek. More.
• Brooklyn company – ordered to pay $30,000 to a community organisation for environmental restoration work and public education initiatives. It was prosecuted for polluting waters following a diesel spill into Stony Creek. The company was also ordered to pay the EPA’s costs of $5,000. More.

WA – $25,000 fine for breach of licence
A Kalgoorlie mining company has been fined $25,000 for breaching its licence and exceeding sulphur dioxide emissions at Coolgardie in May 2005. More.

Other news

Australia - Chemicals – National framework proposed to manage environmental risks
The National Chemicals Working Group last year published a discussion paper about a new national framework to manage the environmental risk of chemicals – NChEM. NChEM proposes a clear and streamlined approach to manage the environmental impacts of chemical imports, manufacture, transport and storage. A cost benefit analysis has been commissioned. More.

NSW - New ministries announced
Following the recent NSW election, the NSW Government has allocated legislation to new ministries. Pollution, contaminated land, waste management and threatened species legislation are allocated to the Minister Assisting the Minister for Climate Change, Environment and Water (Environment).  Responsibility for energy, national parks, fishery and water management legislation is shared amongst various ministers. More.

Case briefs

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