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 - Energy – Mandatory renewable energy target to be set
The NSW government proposes to set an end-use renewable energy target of 10% by 2010 and 15% by 2020. This is as a result of the Commonwealth government not increasing the mandatory renewable energy target (see EnviroLaw - Air – Electricity: Generation, Transmission & Supply – MRET). Legislation is expected to be passed during Parliament’s current budget session, with the first targets to be met in 2008. More.

QLD – Littering - Amendments proposed to the Environmental Protection Act 1994
The Environmental Protection Amendment Bill 2007 has been introduced to Parliament. It aims to provide safer and easier enforcement of littering offences involving a vehicle. It will encourage a reduction in the unlawful depositing of litter and will provide for a power to direct cleanup when more than 20 litres of litter is deposited. More.

SA – Environment Protection (Site Contamination) Amendment Bill 2007 introduced
The above Bill is before Parliament. It provides for processes for doing assessments and, if required, remediating known or suspected contaminated sites. It amends the Environment Protection Act 1993. View Bill.

VIC – Prescribed waste - Environment Protection (Prescribed Waste) Regulations 1998 amendments start 1 Jul 2007
Amendments to the above regulations commence on 1 July 2007. See May 2007 bulletin in Archive section (left hand menu) for details.

VIC – Scheduled premises – Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 start 1 Jul 2007
The above regulations commence on 1 July 2007. See May 2007 bulletin in Archive section (left hand menu) for details.

VIC – Water – Water (Resource Management) Regulations 2007 start 1 Jul 2007
The above regulations commence on 1 July 2007. See May 2007 bulletin in Archive section (left hand menu) for details.

WA – Chemicals - Amended draft Dangerous Goods regulations published
The Dangerous Goods Safety Act 2004 is expected to be proclaimed on 1 July 2007. Following the public consultation period and response to public comments, draft regulations have been amended. They include regulations for:

- Storing and handling non-explosives
- Major hazard facilities
- Security risk substances
- Explosives.

The regulations will be further amended before proclamation. More. View draft regulations.

NZ – Water – Proposed National Environmental Standard for Sources of Human Drinking Water approved
The Government has approved a National Environmental Standard for human drinking water. It is now being drafted. The standard will require regional councils to consider effects on drinking water sources when deciding on resource consents and regional plans. It will come into force in the second half of 2007. More.

NZ – Water – Submissions on proposed National Environmental Standard for Water Measuring Devices published
Submissions on the proposed National Environmental Standard for Water Measuring Devices are currently being considered. Recommendations will be made, then a report will be put before the Government and published at the end of 2007. More.

 

Legislation - Under review

Australia - Ambient Air Quality NEPM under review - Open for comment until 27 Jul 2007
In June 2007, the National Environment Protection Council (NEPC) endorsed the release of a discussion paper for the Ambient Air Quality National Environment Protection Measure (NEPM). Submissions on the Discussion Paper may be made until 27 July 2007. View Discussion Paper and associated documents.

NSW – Waste - Waste Avoidance and Resource Recovery Act under review
The above legislation is under review.  The legislation includes provisions to implement extended producer responsibility schemes, however none have been made so far. More. 

TAS – Gene Technology Act 2001 being reviewed - Closed for comment
The Tasmanian Gene Technology Act 2001, and the Gene Technology Regulations 2003, required review and amendment due to recent changes in Commonwealth legislation.  Comments closed on 18 June 2007. The Consultation Paper details the Terms of Reference and other background information. View consultation paper.

Publications - Drafts

WA -  Environmental offsets guidance document published - Open for comment until 6 Aug 2007
The EPA has published a guidance document that addresses environmental offsets for development and planning projects. Guidance for the Assessment of Environmental Factors - Environmental Offsets provides more specific advice than the Position Statement on how to address and present proposed offsets when offsets are appropriate. Submissions are invited until 6 August 2007. More

WA – Noise guidance document published
The EPA guidance document, Guidance for the Assessment of Environmental Factors – Environment Noise, is open for public comment. The document gives guidance to people submitting proposals for environmental impact assessment. Comments close 2 July 2007. More.

WA - Fertiliser action plan published - Open for comment until 31 Jul 2007
An action plan to phase out some types of fertilisers has been published. The plan applies to highly water soluble phosphorous fertilisers in environmentally sensitive areas of south-west WA. Comments close 31 July 2007. More.

News

Fines and prosecutions

NSW  – Water pollution from abattoir costs company $100,000
Pollution escaping from an abattoir’s cracked wastewater pipe cost a company over $100,000. More.

SA – Company fined nearly $20,000 for operating unlicensed waste depot
The EPA has fined a waste company $19,200 plus $2,000 for costs for operating an unlicensed waste depot. More.

VIC – Fines and prosecutions
The EPA has fined a number of companies, and individuals, for environmental breaches. These include:

• a Bundoora man convicted and fined $45,000 for operating an illegal landfill in Thomastown. More.

• a North Coburg food manufacturer fined more than $5,000 for breaching a Pollution Abatement Notice (PAN). EPA staff observed washwaters from the company running into the stormwater system.  More.

• a water authority fined more than $5,000 for causing an environmental hazard, after a sewage spill flowed into the Barwon River. More.

• a West Footscray manufacturer ordered to pay $41,000 for three local environmental projects, and $11,000 in costs, after a liquid latex discharge entered Stony Creek in Yarraville. More.

• a Tullamarine landfill operator fined more than $5,000 for starting works without the appropriate EPA approval. More.

• a cruise company ordered to pay costs of $10,000 after its handling of hydrocarbon material in bilges caused an environmental hazard. More.

• an Altona transport company issued a penalty infringement notice after a liquid waste spill in Campbellfield. More.

Other news

ACT - Departmental restructure leads to change in websites
Following a departmental merger in 2006, Environment ACT’s website has been incorporated into the website of the Department of Territory and Municipal Services (ACT). Links in ACT EnviroLaw to environmental policies and documents are being updated.

WA - Wagerup Air Quality Monitoring Program - Winter 2006 preliminary results published
The 2006 preliminary results of the Wagerup Air Quality Monitoring Program have been published. The Department of Environment and Conservation will continue monitoring in 2007, focusing on six main components. View results. More.

Case briefs

This section includes a link to case briefs. We are not endorsing companies' services, but have found these case briefs to be informative. If you know of other companies publishing case studies, please email details to admin@enviroessentials.com.au.

NSW - Waste –  ‘Clean fill’ prosecutions
Case 1: A transporter of mixed demolition waste deposited its contents onto undeveloped land. Although the landowner had consented to receiving the material, the necessary development consent had not been obtained. The transporter was required to pay $20,000 and publish a notification in a local newspaper of the conviction. More.

Case 2: A landowner who accepted large quantities of so-called ‘clean fill’ was convicted for using the land as a waste facility without permission. As well as restoring the land, he was fined $117,000 plus costs. More.

The relevant obligations related to these cases are in EnviroLaw - Waste - Waste Transport and Waste Facilities.

Australia - View Freehills' publications.