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

Australia – Greenhouse and energy reporting - Discussion paper released – Open for comment until 16 Nov
The Australian Greenhouse Office has released a discussion paper on how a national greenhouse and energy reporting system may be implemented. It includes matters to be dealt with by the regulations, including definitions of greenhouse gas emissions and facilities, registration requirements, reporting obligations and external audit requirements.  More.

ACT – Water – Water and wastewater pricing under review
The Independent Competition and Regulatory Commission is reviewing water and wastewater pricing. The results will set a price path when the current determination expires on 30 June 2008. A series of discussion papers has been released. The commission’s draft decision will be released in November and the final decision by 1 March 2008. More.

QLD – Environmental management - Amendments proposed to Environmental Protection Act 1994
The Environmental Protection and Other Legislation Amendment Bill 2007 has been passed by Parliament and is awaiting assent. 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 enacted but not yet commenced. Among other things, it changes the administration of the Queensland Heritage Register and proposes improved protection for local heritage places. View bill.

TAS – Waste - Litter Act 2007 passed, but not yet commenced
The Litter Act 2007 will replace the Litter Act 1973 and contains more contemporary approaches to preventing, controlling and cleaning up litter. More.

VIC – Environmental Resource Efficiency Plans – Draft regulations published – Closed for comment
The Environment and Resource Efficiency Plans (EREP) program is a new regulatory scheme that will apply to Victoria’s largest industrial and commercial users of energy and water. Sites will be required to assess their environmental resource use and waste generation, develop an action plan and report on implementation.  Draft regulations, an impact statement and guidelines have been released. Comments have closed. More. View draft regulations, RIS and Guidelines.

VIC – Mining - Regulatory Impact Statement released for proposed regulations – Closed for comment
A Regulatory Impact Statement has been prepared for the proposed Mineral Resources Development (Amendment) Regulations 2007.  The objectives of the proposed regulations are to amend the 2002 regulations to prescribe what is to be included in community engagement plans, amongst other things. Comments have closed. More.

NZ – Canterbury RC – Decisions on submissions to proposed Natural Resources Regional Plan published
Canterbury Regional Council has made decisions on submissions and further submissions to the Proposed Canterbury Natural Resources Regional Plan. More.

NZ – Franklin – New trade waste bylaw charging regime proposed – Closed for comment
Franklin Council is proposing a new charging regime for businesses that discharge into the Council wastewater system. Comments have closed. More.

NZ – Wellington RC – Regional Pest Management Strategy prepared
Wellington Regional Council has prepared a Regional Pest Management Strategy – Operational Plan 2007-2008 for the Regional Plan. More.

Legislation - Upcoming (from previous bulletins)

ACT – New planning and development law passed
Awaiting commencement. See September 2007 bulletin.

NSW – Vapour recovery proposed for service stations – Closed for comment
See September 2007 bulletin.

NSW – Biodiversity – Threatened Species Conservation Act to include ‘Biobanking’
See May 2007 bulletin.

NSW - Energy – Mandatory renewable energy target to be set
See July 2007 bulletin.

NSW – Water - Draft regulations expected for metropolitan water service provision
See September 2007 bulletin.

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

SA – Chemicals - Dangerous Substances and Major Hazard Facilities Bill 2006 introduced
See May 2007 bulletin.

SA – Environment Protection (Site Contamination) Amendment Bill 2007 introduced
See July 2007 bulletin.

TAS – Air - Air Quality Strategy released
See September 2007 bulletin.

TAS – Land – Contaminated sites audit system proposed
See September 2007 bulletin.

TAS – Land - Planning Schedule for contaminated sites drafted
See September 2007 bulletin.

TAS – Waste - New regulations proposed for tracking controlled waste - Closed for comment
See May 2007 bulletin.

TAS – Waste - Controlled Waste Strategy proposed
See September 2007 bulletin.

TAS – Waste - Waste Management Strategy being developed
See September 2007 bulletin.

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

 

Legislation - Under review

QLD – Schedule 1 of Environmental Protection Regulation 1998 to be reviewed
Schedule 1 of the above Regulation is to be reviewed to look at definitions of environmentally relevant activities. It will include thresholds and will determine which activities are suitable for codes of environmental compliance. More.

QLD – Remake of Environmental Protection Policies for Air, Noise and Water proposed – Closed for comment
A State Planning Policy (SPP) on air, noise and water has been proposed. It will integrate revised Environmental Protection Policies for air, noise and water with land use planning and development assessment and will apply throughout Queensland. Comments have closed. More. 

QLD – Waste strategy discussion paper published - Open for comment until 21 Dec
The EPA is inviting submissions on a new direction for waste management. Comments close on 21 December 2007. View discussion paper.

TAS – Land – Review of Natural Resource Management Framework and Legislation – Closed for comment
Tasmania's natural resource management arrangements, established under the Natural Resource Management Act 2002, are being reviewed.  Comments have closed. More.

WA – Environmental Protection (Ozone Protection) Policy review postponed
The EPA has deferred the review of the Environmental Protection (Ozone Protection) Policy 2000 until 6 March 2009. More.

Legislation - Under review (from previous bulletins)

Australia - Air – Discussion paper on Ambient Air Quality NEPM published – Closed for comment
See September 2007 bulletin.

Australia – Air - Review of Diesel NEPM accepted
See September 2007 bulletin.

Australia – Land - Variation to Assessment of Site Contamination NEPM underway
See September 2007 bulletin.

Australia - Product Stewardship NEPM in process
See May 2007 bulletin.

NSW – Waste - Waste Avoidance and Resource Recovery Act under review
See July 2007 bulletin.

TAS – Changes to annual permit and rate assessment fees underway
See May 2007 bulletin.

TAS – Draft EMPCA (General Fees) Regulations 2007 published - Closed for comment
See September 2007 bulletin.

TAS – EMPCA general amendments drafted
See September 2007 bulletin.

TAS – Gene Technology Act 2001 being reviewed - Closed for comment
See July 2007 bulletin.

TAS – New regulations on infringement notices in process
See May 2007 bulletin.

TAS – Land - Amendments to Land Use Planning and Approvals Act 1993 proposed
See September 2007 bulletin.

TAS – Land - EMPCA amendments for contaminated sites drafted – Closed for comment
See September 2007 bulletin.

TAS – Land - Underground petroleum storage systems under review
See September 2007 bulletin.

TAS – Noise - Amendments to Noise Regulations proposed
See September 2007 bulletin.

TAS – Noise - Draft Environment Protection Policy on Noise released - Closed for comment
See September 2007 bulletin.

TAS – Water - Water policy to be reviewed
See September 2007 bulletin.

Publications - Drafts

Australia – Biodiversity - Draft policy statement on environmental offsets released – Open for comment until 30 Nov
The federal government has released a draft policy statement on the use of environmental offsets under the Environment Protection and Biodiversity Conservation Act 1999. Comments close 30 Nov 2007.  More.

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 – Chemicals - Environmental Risk Assessment Guidance Manuals released – Open for comment until 23 Nov
See September 2007 bulletin.

QLD – Environmental offsets discussion paper published – Open for comment until 30 Nov
 A proposed framework for environmental offsets in Queensland has been published. It consists of an Environmental Offsets Policy and Green Invest, a mechanism to facilitate offset exchange. Comments close on 30 November 2007. View discussion paper.

VIC - Draft Carbon Management Principles published – Closed for comment
The EPA has developed a discussion paper detailing its Carbon Management Principles.  The paper aims to help businesses prioritise decisions on reducing energy use and greenhouse gas emissions. Comments have closed. The EPA will be working with companies through its Carbon Innovators Network and other forums to develop further guidance and tools to help businesses implement the Principles. More.

VIC – Biodiversity - Biodiversity White Paper submissions available
See September 2007 bulletin.

VIC – Mining – Draft Code of Practice for exploration published – Closed for comment
The Department of Primary Industries has published a Draft Code of Practice for Mineral Exploration. The Code includes standards, procedures and practical guidance for mineral exploration under the Mineral Resources (Sustainable Development) Act 1990. Comments have closed. More.

VIC – Mining and petroleum - Native Vegetation Management Framework discussion paper released - Open for comment until 16 Nov
A discussion paper on the Earth Resource Industries (ERI) and the Native Vegetation Management Framework has been released. Feedback received will be used to develop Native Vegetation Management Guidelines for the ERI. Comments close 16 Nov 2007. More.

WA – Peel-Harvey water quality improvement plan published – Open for comment until 10 Dec
The EPA has prepared a water quality improvement plan for the Peel-Harvey Coastal Catchment, recommending a number of management measures to reduce pollution and phosphorus loss. Comments close 10 December 2007. More.

WA - Biodiversity – Sampling methods of subterranean fauna published – Open for comment until Aug 2008
See September 2007 bulletin.

NZ - Canterbury RC – Variations on Natural Resources Regional Plan published
Canterbury Regional Council has prepared variations 8, 9 and 10 to their Natural Resources Regional Plan, which amend the minimum flows of various rivers and tributaries in the region. More.

NZ – Gore DC – Summary of submissions to rezoning of McNab Area published – Closed for Comment
Gore District Council has prepared a summary of submissions to Plan Change 3, regarding the rezoning of the McNab Industrial Area from Rural to Industrial. Comments have closed. More.

NZ – Invercargill CC – Decisions on submissions regarding North Rd sewerage reticulation area
Invercargill City Council has made submissions on Plan Change 5, regarding the North Rd sewerage reticulation area. More.

Publications - Drafts (from previous bulletins)

Previous bulletin items - Publications

News

Fines and prosecutions

Australia – Petroleum - $150,000 fine for breaching fuel standards
A petroleum distributor has been fined $150,000 for breaching Australian fuel standards.
The company supplied diesel that did not meet the requirements for sulphur, distillation temperature and viscosity. More.

NSW – Chemicals – Transporting incompatible dangerous goods costs company $130,000
Transporting cyanide and acid on the same pallet, and without complete shipping documentation, has cost a company $130,000, after the truck crashed and chemicals spilt. More.

NSW – Diesel – $27,000 fine for water pollution and failure to notify authorities
An oil company that allowed diesel to leak from an underground pipe and pollute waters, and didn’t notify the local council, has been convicted and fined $27,000 plus costs. It has also been ordered to publish notices of the conviction in local newspapers. More.

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

• a Melbourne water authority ordered to pay $150,000 to two community environment projects and the EPA’s court costs of $35,000, after two pollution incidents - one at Winneke Treatment Plant and the other at Cardinia Treatment Plant. More.
• a Somerton steel processing company ordered to pay $75,000 to Merri Creek Management Committee Inc. and the EPA’s legal costs of $10,000, after 3,000 litres of 30% hexavalent chromic acid spilled into a stormwater drain. More.
• a Broadmeadows waste transport company and its director fined $15,000 each plus costs of $5,000 for the unlicensed storage of waste asbestos. More.
• a sports company fined $5,372 for dumping paint waste on the banks of the Traralgon Creek. More.
• a Brooklyn oil seed processing plant fined $5,506 for breaching its EPA licence by releasing offensive odours beyond its boundary.  More.
• a compost plant fined $5,506 for breaching a requirement of a Pollution Abatement Notice (PAN) to keep proper records of site activities. More.
• an Echuca man ordered to pay $5,000 for the EPA’s legal costs and placed on a 12 month good behaviour bond after illegally discharging diesel oil into the Murray River. A condition of the bond includes providing $7,000 of labour, machinery and support to the Lake Boga LandCare Group. More.
• a rural water corporation fined $5,506 after the company breached its EPA licence by failing to maintain plant at its Nhill wastewater treatment plant. More.
• a Campbellfield waste treatment company fined $5,506 for installing waste storage and treatment tanks without the appropriate works approval. More.
• a regional water authority fined $5,372 after a spill of 1.6 million litres of untreated sewage into Andersons Creek at Yallourn North. More.
• a Korumburra dairy farmer fined $1,289 for depositing dairy effluent into a tributary of South Gippsland’s Powlett River. More.

Other news

NSW – Biodiversity – Framework to manage impact of climate change on biodiversity published
The Department of Environment and Climate Change has developed a framework to help government agencies address climate change and its impact on biodiversity. The NSW Biodiversity and Climate Change Adaptation Framework outlines six key areas for action. More. 

NSW – Waste - Waste tracking fact sheets updated
The EPA has updated its Waste Tracking Fact Sheets. These explain how to characterise waste, what waste must be tracked, and the obligations on producers, agents, transporters and receiving facilities. More.

QLD – Water - Guidelines for business use of non-potable water
Workplace Health and Safety Queensland has published Guidelines for the safe use of non-potable water by businesses. The guidelines explain how to work with and use non-potable (ie not of drinking quality) water safely and the obligations of manufacturers, suppliers and users. More.

SA – EPA’s annual report published
The EPA has published its annual report for 2006-2007. View report.

WA – Proposal to export lead through Fremantle Port – Closed for comment
A private company is proposing to export lead concentrate through Fremantle Port. Comments have closed. More.

WA - Heritage - Register of heritage places updated
The Heritage Council of WA has updated the Register of Heritage Places.  View register.

WA – Department of Environment and Conservation Annual Report released
The 2006-2007 Department of Environment and Conservation Annual Report has been released. This is the first annual report since the amalgamation of the Department of Environment and the Department of Conservation and Land Management. View report.

WA – EPA Annual Report released
The 2006-2007 Environment Protection Authority Annual Report has been released. More.

NZ – Chemicals - Clopyralid herbicide to be taken off retail market
Weedkillers containing the herbicide clopyralid will be taken off the retail market from 19 August 2008. They will still be available for agricultural weed control and commercial turf management use. View media release. View details of history and decision (Application HRE05001).

NZ – Chemicals – New management regime for 1080 poison
The Environmental Risk Management Authority (ERMA) has begun setting up a new management regime for 1080 poison, which will start by 1 January 2008. More.

NZ - Hawke's Bay RC – Campaign to improve dairy compliance with resource consents
Hawke’s Bay Regional Council will be working with dairy farmers, the Gisborne Milk Cooperative and Fonterra to improve compliance with resource consent conditions and increase the awareness of the impact of unauthorised dairy effluent discharges.  This follows infringement notices served on a farmer for uncontrolled effluent discharges. More.

NZ – Far North DC – District Plan operative
The Far North District Plan was made partially operative on 12 October. More.

NZ – Taupo DC – District Plan operative
Taupo District Council’s District Plan was made operative on 11 October. 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.

Australia - View Freehills' publications.