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

ACT – New planning and development law passed
The Planning and Development Bill 2006 has been passed and awaits notification (as at 23 August 2007). The ACT Planning and Land Authority website indicates it is due to commence in 2008. More.

NSW – Vapour recovery proposed for service stations – Open for comment until 14 Sep
The NSW government is proposing a phased introduction of vapour recovery technology at service station bowsers between Newcastle and Wollongong. Submissions are invited and close 14 September 2007. More.

NSW – Water - Draft regulations expected for metropolitan water service provision
Draft regulations to implement the Water Industry Competition Act 2006 (uncommenced) are expected to be released for comment in September. The legislation relates to licensing water infrastructure suppliers and operators, providing competitive access to water infrastructure in certain circumstances, and operating a water retail market.  More.

QLD – Littering - Amendments proposed to the Environmental Protection Act 1994
See July 2007 bulletin.

QLD – Environmental management - Amendments proposed to Environmental Protection Act 1994
The Environmental Protection and Other Legislation Amendment Bill 2007 has been introduced to Parliament. Among other things, it changes the name from “environmental management program” to “transitional environmental program”, permits the amendment of a development condition by consent of the holder, and makes minor changes to streamline administration. More.

QLD – Heritage - Amendments proposed to Queensland Heritage Act 1992
The Queensland Heritage and Other Legislation Amendment Bill 2007 has been introduced to Parliament. Among other things, it changes the administration of the Queensland Heritage Register and proposes improved protection for local heritage places. More.

TAS – Land – Contaminated sites audit system proposed
A proposed contaminated sites audit system is under discussion with a stakeholder working group.  Drafting of regulations under the Environmental Management and Pollution Control Act to manage the system will occur in the second half of 2007. For more details, click here and go to page 5.

TAS – Land - Planning Schedule for contaminated sites drafted
A planning reference group is considering a draft Planning Schedule and explanatory document on the triggering of site contamination assessments during changes in land use.  A number of councils have already amended their planning schemes to incorporate the essence of the schedule.  For more details, click here and go to page 5.

TAS – Air - Air Quality Strategy released
The Tasmanian Air Quality Strategy and its accompanying Explanatory Document have been published. A steering committee to oversee the implementation phase was to be constituted in July 2007. For more details, click here and go to page 2. View strategy.

TAS – Air - Distributed Atmospheric Emissions Regulations finalised
New regulations under the Environmental Management and Pollution Control Act 1994 are being developed on solid fuel burning appliances (primarily wood heaters) and backyard burning.  Various changes have been made in response to consultation and the regulations have now been finalised.  It was anticipated that the regulations would be gazetted in mid 2007.  For more details, click here and go to page 3.

TAS – Waste - Controlled Waste Strategy proposed
The Department of Tourism, Arts and the Environment (DTAE) and the Department of Economic Development have launched a joint project to develop a Controlled Waste Strategy for Tasmania.  An industry workshop has been held and a consultant has been appointed to assess the infrastructure required. For more details, click here and go to page 4.

TAS – Waste - State Waste Management Strategy being developed
The State Government is developing a State Waste Management Strategy.  The Strategy will provide a platform for developing future waste management initiatives.  Open forums were conducted in May 2007.  Councils have been asked to work cooperatively to develop regional waste management strategies by July 2007.  For more details, click here and go to page 4.

TAS – Waste - Litter Bill before parliament
New legislation for the control and prevention of litter passed through the House of Assembly in early June 2007 but has not yet been considered by the Legislative Council.  The Litter Bill will replace the Litter Act 1973. It contains more contemporary approaches to preventing, controlling and cleaning up litter. View Bill.

WA – Chemicals - Amended draft dangerous goods regulations published
See July 2007 bulletin.

NZ - Chemicals - Tighter controls on 1080 announced
The Environmental Risk Management Authority has announced tighter controls over the use of the poison 1080 (sodium fluoroacetate), from 1 January 2008. This follows a five year review. More.

NZ – Dunedin - Submissions on rezoning of Dunedin International Airport published
Dunedin City Council has prepared a summary of submissions it received relating to the rezoning of Dunedin International Airport. More.
  
NZ – Southland - Decisions made on Southland RC Pest Management Strategy
Southland Regional Council has made decisions based on submissions to the Proposed Regional Pest Management Strategy to the Regional Plan. More.

NZ – Franklin - Franklin DC to create Fernleigh Business Park - Closed for comment
In response to pressure for more business land, Franklin District Council is proposing to rezone rural land in Waiuku to create a business park. Comments have closed. More.
  
NZ – Waikato - Waikato RC’s Regional Pest Management Strategy decisions published
Waikato Regional Council has published its decisions on the review of the Waikato Regional Pest Management Strategy. More.
  
NZ – Auckland - Decisions on Auckland Pest Management Strategy published
Auckland Regional Council has notified its decisions on submissions to the Proposed Auckland Regional Pest Management Strategy 2007 - 2012. More.

NZ – Whangarei - Environmental engineering standards to be included in District Plan – Closed for comment
Whangarei District Council has proposed incorporating environmental engineering standards into its District Plan. Submissions closed on 24 August 2007. More.

 

Legislation - Under review

Australia – National Pollutant Inventory NEPM variation proposed
In June 2007, the National Environment Protection Council voted on the variation to the National Pollutant Inventory NEPM.   It voted to include substance transfers in the National Pollutant Inventory (NPI). It also voted to include greenhouse gas emissions (GHG) reporting in the NPI as an interim measure, if the Commonwealth Government has not implemented unitary GHG emissions reporting legislation by 1 July 2008.  More.

Australia - Air – Discussion paper on Ambient Air Quality NEPM published – Closed for comment
Comments on a discussion paper on the Ambient Air Quality NEPM Review closed on 27 July 2007.  The discussion paper addresses issues raised with the current NEPM and proposes a number of options for varying the NEPM.  A separate paper will be released later this year addressing air quality standards.  View discussion paper.

Australia – Air - Review of Diesel NEPM accepted
The National Environment Protection Council (NEPC) has accepted the Report on the Review of the National Environment Protection (Diesel Vehicle Emissions) Measure and its recommendations.  The NEPC has requested that a proposal for varying the NEPM be prepared for its meeting in late 2007.  If the NEPC adopts the proposal, the formal process for varying a NEPM will begin. Consultation on the draft variation will occur.  More.

Australia – Land - Variation to the Assessment of Site Contamination NEPM underway
On 2 June 2007, the National Environment Protection Council (NEPC) agreed to initiate a process to vary the Assessment of Site Contamination NEPM, based on recommendations made in the NEPM review.  The changes will incorporate the latest methodologies for assessing contaminated sites and will update guidance on site assessment methods in line with technological changes. More.

TAS – Land - Underground petroleum storage systems under review
An Issues and Options Paper is being developed to consider management systems for underground petroleum storage systems, and issues, options and preferred options for regulations.  The project is currently on hold until September 2007.  For more details, click here and go to page 5.

TAS – Land - EMPCA amendments for contaminated sites drafted – Closed for comment
Amendments to the Environmental Management and Pollution Control Act are being drafted to improve management of contaminated sites. The draft Amendment Bill has been sent to stakeholders and comments are now being considered.  It is anticipated that the Amendment Bill will be tabled in Parliament in September 2007.  For more details, click here and go to page 6.

TAS – Land - Amendments to Land Use Planning and Approvals Act 1993 proposed
A 2005 report recommended amendments to the Land Use Planning and Approvals Act 1993 to aid amendment of permit conditions. It is intended that these amendments will be progressed once the current EMPC Amendment Bill has been approved by Parliament. Stakeholders will be consulted. For more details, click here and go to page 6.

TAS – Water - Water policy to be reviewed
The review of the State Policy on Water Quality Management 1997 was expected to start in the second half of 2007.  For more details, click here and go to page 2.

TAS – Water - Marine pollution regulations under review
The Pollution of Waters by Oil and Noxious Substances (Oil and Noxious Liquid Substances in Bulk) Regulations 1989 are being reviewed.  It was expected that new Regulations would be in place by mid-2007. For more details, click here and go to page 2.

TAS – Noise - Draft Environment Protection Policy on Noise released - Closed for comment
Submissions received on the Draft Environment Protection Policy (Noise) and Impact Statement are now being reviewed.  For more details, click here and go to page 3.

TAS – Noise - 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 on the draft amendments and impact statement was to commence in August 2007.  For more details, click here and go to page 4.

TAS – EMPCA general amendments drafted
A 2005 report recommended amendments to the Environmental Management and Pollution Control Act and associated subordinate legislation.  A draft Amendment Bill is now being developed.  Local governments and other stakeholders are being consulted before it is finalised.  It is expected that the Bill will be introduced to Parliament in Spring 2007. More.

TAS – Draft EMPCA (General Fees) Regulations 2007 published - Closed for comment
Consultation on the Environmental Management and Pollution Control (General Fees) Regulations 2007 and the accompanying Regulatory Impact Statement and draft annual fee remission guidelines has closed. The new regulations will change the structure of annual permit fees and the charging of hourly rate assessment fees.  For more details, click here and go to pages 6 and 7.

Publications - Drafts

Australia – Chemicals - Environmental Risk Assessment Guidance Manuals released – Open for comment until 23 Nov
Public comment is invited on Environmental Risk Assessment Guidance Manuals for both industrial and agricultural/veterinarian chemicals. Comments close on 23 November 2007. More.

Australia – Water – Draft guidelines for augmenting drinking water released – Open for comment until 21 Sep
The Environment Protection and Heritage Council and the National Resource Management Ministerial Council have released draft Australian Guidelines for Water Recycling: Managing Health and Environmental Risks (Phase 2): Augmentation of Drinking Water Supplies. The guidelines aim to ensure that recycled water for drinking is safe.  Comments close 21 September 2007. More.

TAS – Water - Draft Guidelines for Boat Repair and Maintenance Facilities under review
The draft Guidelines for Boat Repair and Maintenance Facilities are being reviewed.  It was anticipated that the revised draft Guidelines would be released for comment in mid 2007.  For more details, click here and go to page 2.

TAS – Waste - Approved Management Method for Clinical and Related Waste to be released
The Approved Management Method for Clinical and Related Wastes (AMM) was gazetted in April 2007.  An electronic version of the AMM and explanatory notes are being developed for the Environment Division website. It was expected that both documents would be publicly released in July 2007.  For more details, click here and go to page 3.

TAS – Land - Quarry Code of Practice 1999 under review
The Quarry Code of Practice 1999 is being reviewed to ensure it is consistent with contemporary environmental practices.  Consultation has begun and the review is expected to continue into 2008.  For more details, click here and go to page 5.

VIC – Biodiversity - Biodiversity White Paper submissions available – Closed for comment
Submissions have closed for the State Government’s consultation paper ‘Land and biodiversity at a time of climate change’. A draft Green Paper is expected to be available for comment in January 2008 and the final White Paper published near the end of 2008. View submissions.

WA - Biodiversity - Sampling methods for subterranean fauna published - Open for comment until August 2008
The draft EPA guidance document, Sampling Methods and Survey Considerations for Subterranean Fauna in Western Australia, is open for public comment. The document gives guidance to people undertaking surveys and sampling for subterranean fauna. Comments close August 2008. More.

News

Fines and prosecutions

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

• a ship owner convicted and ordered to pay more than $160,000 for a pollution incident that closed three Phillip Island beaches. More.

• a waste contractor fined nearly $11,000 and ordered to clean up its property near Warrnambool. More.

• a Yackandandah butcher ordered to donate $2,000 to local community groups and pay the EPA’s costs of $3,500 for dumping industrial waste (animal remains). More.

• an asbestos removal and waste transport company fined $5,372 for dumping demolition and asbestos waste. More.

• a Brooklyn abattoir fined $5,372 after their waste water treatment plant overflowed and led to offensive odours. More.

• an Echuca abattoir fined $5,372 for offensive odours. More.

• a dairy farm operator fined $5,375 for allowing effluent to flow into a waterway. More.

Other news

TAS - Environment Protection Authority to be established - Closed for comment
Consultation on a position paper entitled 'Establishing an Environment Protection Authority for Tasmania' has closed.  Submissions are being considered in the development of legislation to establish the new EPA.  For more details, click here and go to page 6.

WA – 2007 State of the Environment published
The EPA has published the State of the Environment Report for 2007. The report details the state’s major environmental issues and identifies the actions needed to improve the environment.  More.

WA - EIAs - Referral of proposals, scoping documents and environmental review document information
The EPA has published a number of documents to help proponents and decision making authorities comply with the requirements of Environmental Impact Assessment (Part IV Division 1) Administrative Procedures 2002. More

Case briefs

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Australia - View Freehills' publications.