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February 2008


Legislation
Upcoming
Under review

Publications

News
Fines/prosecutions
Other news

Case briefs

 
Archive

 
 

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 – Planning - Draft Planning and Development Regulations 2008 published – Open for comment until 8 Feb
Draft Planning and Development Regulations have been released and are open for comment. Comments close 8 February 2008. More: Click here and go to New Planning and Development Regulations.

NSW – BioBanking – Draft documents released - Open for comment until 1 Feb
The Department of Environment and Climate Change (DECC) has released several components of the BioBanking Scheme for comment. They include a Regulatory Impact Statement, draft assessment methodology and a draft Compliance Assurance Strategy. Comments close 1 February 2008. More.

WA – Chemicals – New dangerous goods regulations to start in March
The Dangerous Goods (General) Regulations 2007 have been gazetted.  They are expected to take effect from 1 March 2008. More. View regulations.

WA – Renewable energy – Geothermal legislation passed
New legislation that will allow geothermal exploration and production has been passed. The legislation is an amendment of the Petroleum Act 1967 and was expected to be proclaimed in late December 2007. More.

NZ – Canterbury RC – Variations to Proposed Natural Resources Regional Plan prepared – Closed for comment
Canterbury Regional Council has prepared variations to the Proposed Canterbury Natural Resources Regional Plan regarding discharge to air in Rangiora and Kaiapoi. Comments have closed. More.

NZ – Manawatu-Wanganui RC – Decisions on One Plan prepared – Closed for comment
Manawatu-Wanganui Regional Council has prepared a summary of decisions regarding the Combined Regional Policy Statement and Regional Plan, namely the One Plan.  Comments have closed. More.

NZ – Motiti Island – Decisions on proposed District Plan
The Minister for Local Government has made decisions on submissions to the proposed Motiti District Plan.  Please contact Environment Essentials if you think this plan would be relevant to your operations. More.

NZ – Rodney DC – Variation regarding noise rules in rural zones in the Proposed District Plan prepared – Closed for Comment
Rodney District Council has prepared a variation to the proposed District Plan regarding noise rules in the rural zones.  Comments have closed. More.

Legislation - Upcoming (from previous bulletins)

Australia – Greenhouse and energy reporting - Discussion paper released – Closed for comment
See November 2007 bulletin.

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

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

NSW – Petroleum - Vapour recovery proposed for service stations – Closed for comment
See September 2007 bulletin. Read newspaper article.

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

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

QLD – Heritage - Queensland Heritage and Other Legislation Amendment Act 2007 passed
This Act is awaiting commencement. See November 2007 bulletin.

QLD – Littering - Amendments made to Environmental Protection Act 1994
This Act is awaiting commencement. 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.

 

Legislation - Under review

WA – Mining - Mines Safety and Inspection Act 1994 under review – Open for comment until 31 Jan
The DOCEP is reviewing the operation and effectiveness of the Mines Safety and Inspection Act 1994. The review will include areas of the legislation that could be improved. Public comment has been extended until 31 Jan 2008. More.

NZ – Nelson CC – Summary of submissions regarding Port Noise variation – Closed for comment
Nelson City Council has prepared a summary of submissions on a variation to the Resource Management Plan, regarding Port Noise. Comments have closed. More.

NZ – Waipa DC – Decisions on submissions regarding the rezoning of land from rural to residential
Waipa District Council has made decisions on submissions regarding a variation to the District Plan.  The variation regards the rezoning of land next to the current urban boundary from rural to residential or deferred residential. 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 the Assessment of Site Contamination NEPM underway
See September 2007 bulletin.

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

ACT – Water – Water and wastewater pricing under review
See November 2007 bulletin.

QLD – Remake of Environmental Protection Policies for Air, Noise and Water proposed – Closed for comment
See November 2007 bulletin.

QLD – Schedule 1 of Environmental Protection Regulation 1998 to be reviewed
See November 2007 bulletin.

QLD – Waste - Waste strategy discussion paper published – Closed for comment
See November 2007 bulletin.

SA – Chemicals - Dangerous Substances and Major Hazard Facilities Bill 2006 introduced
See May 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 – Land – Review of Natural Resource Management Framework and Legislation – Closed for comment.
See November 2007 bulletin.

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

TAS – Land - Amendments to Land Use Planning and Approvals Act 1993 proposed
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 – New regulations on infringement notices in process
See May 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.

WA – Environmental Protection (Ozone Protection) Policy review postponed
See November 2007 bulletin.

Publications - Drafts

Australia – Biodiversity - Draft policy statement on environmental offsets released - Closed for comment
See November 2007 bulletin.

Australia – Chemicals - Environmental Risk Assessment Guidance Manuals released - Closed for comment
See September 2007 bulletin.

Australia – Greenhouse and energy reporting – Technical Guidelines Discussion Paper published – Open for comment until 13 Feb
The Department of Climate Change has released a discussion paper on the Technical Guidelines for the Estimation of Greenhouse Emissions. Stakeholders are invited to comment on the proposed estimation methodologies. Comments close 13 February 2008. More.

QLD – Environmental offsets discussion paper published - Closed for comment
See November 2007 bulletin.

TAS – Land - Quarry Code of Practice 1999 under review
See September 2007 bulletin.

TAS – Waste - Approved Management Method for Clinical and Related Waste to be released
See September 2007 bulletin.

TAS – Water - Draft Guidelines for Boat Repair and Maintenance Facilities under review
See September 2007 bulletin.

VIC – Climate change – Draft carbon capture and storage discussion paper published – Open for comment until 29 Feb

The Department of Primary Industries is developing a legal framework to enable carbon capture and geological storage (CCS), to help reduce greenhouse gas emissions. A discussion paper has been released and comments are invited. The discussion paper describes current arrangements for the regulation of CCS in other jurisdictions and presents options for a Victorian regulatory framework. Comments close 29 February 2008. More.

VIC – Land and water - Draft Victorian Coastal Strategy released – Open for comment until 31 Jan
The Victorian Coastal Council is seeking views on Victoria’s key coastal policy, the draft Victorian Coastal Strategy (2007). Protection of the ecological, social and economic values of Victoria’s marine and coastal environments is a focus. Comments close 31 January 2008. More.

VIC – Mining – Draft guidelines on community consultation published – Closed for comment
As part of new laws, mining companies are now required to communicate with communities affected by their operations. The Department of Primary Industries has released draft guidelines for community engagement. Comments have closed. More.

VIC – Mining and petroleum - Native Vegetation Management Framework discussion paper released - Closed for comment
See November 2007 bulletin.

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

WA – Peel-Harvey Water Quality Improvement Plan published - Closed for comment
See November 2007 bulletin.

Publications - Drafts (from previous bulletins)

Previous bulletin items - Publications

Pub_Draft

News

Fines and prosecutions

NSW – Failure to close valves costs over $110,000
A chemical manufacturer who pumped ethylene glycol from a tanker into a bulk storage without checking that the shut-off valves were closed is more than $110,000 out of pocket. 9,000 L spilt into the stormwater, leading to cleanup costs, legal costs and a fine. The company was also ordered to publicise the conviction in newspapers. More.

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

  • two Geelong companies fined more than $10,000 after primer and bitumen from road sealing activities washed into Spring Creek in Drysdale. More.
  • a major waste company fined $5,500 after a grease trap spill in Melbourne. More.
  • a metal recycling company found guilty of permitting industrial waste to be dumped, with fines and costs of more than $100,000. The director of an earthworks company was found guilty of the same charges and ordered to pay $7,500 to the court fund and costs of nearly $9,200.  More.
  • an Altona plastics company fined nearly $5,400 for breaching its licence by allowing waste high-density polyethylene powder to discharge into a drain.  More.
  • an Alphington paper manufacturing company found guilty of water pollution after contractors pumped an oily water mix into an unmarked drain on the site, which led to a stormwater drain then the Yarra River. The company was ordered to pay a total of $80,000 to community groups for drain labelling, stormwater education in schools and revegetation. The company was also ordered to pay more than $14,000 for clean up costs, and $10,000 in EPA costs. More.
  • a Silvan fruit and garlic processing company fined more than $5,000 for dumping industrial waste into Olinda Creek. More.
  • a Port Campbell gas plant fined $5,500 after liquid amine was discharged, leading to trees and grass being burnt.  More.
  • a Heidelberg West printing company fined more than $5,000 for discharging liquid wastewater to stormwater.  More.

Other news

NSW – Energy - Renewable energy funding applications invited – Open until 13 Feb
The NSW Government is calling for funding applications from the Renewable Energy Development Program. Any renewable energy project which will generate electricity or displace grid electricity in NSW for stationary energy purposes is eligible. Applications close 13 February. More.

NSW - Public facilities – Energy and water saving funding applications open – Open until 13 Feb
Operators of public facilities are invited to apply for funds for energy and water saving initiatives. Projects in facilities which are used by the public, such as sporting facilities and schools, are eligible. Applications close 13 February. More.

WA – Export of lead concentrate from Fremantle Port deemed acceptable
The EPA has concluded that the export of containerised lead concentrate through Fremantle Port is unlikely to cause environmental problems. More.

WA – Gnangara Mound Acidity Study
The DEC has begun a study to determine the extent of soil and groundwater acidity within Perth’s largest water source. The Gnangara Mound groundwater system provides 60 per cent of Perth’s scheme water. More.

WA – Noise – Variation to Noise Regulations 17 for Kalgoorlie Consolidated Mines deemed acceptable
The EPA has recommended approval to grant a variation to noise regulations for Kalgoorlie Consolidated Mines’ operations.  More.

NZ – Agriculture – Lay summary of AgResearch Amendment published
The Environmental Risk Management Authority (ERMA) has published a lay summary of the AgResearch Amendment that allows the outdoor development of genetically modified cattle. To view summary, click here and go to AgResearch Amendment Approved.

NZ – Agriculture – 1080 Watch List coordinator appointed
The Environmental Risk Management Authority (ERMA) has appointed a coordinator to manage the 1080 watch list and the implementation of recommendations of the reassessment decision. The 1080 watchlist, which commenced on 1 January 2008, requires users of 1080 to produce detailed reports for the Authority on each aerial drop. More.

NZ – Gisborne DC – Regional Air Quality Management Plan now operative
The Regional Air Quality Management Plan for the Gisborne Region was made operative on 14 January. View plan.

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.

 

   

 


The Bulletin is not intended to and does not provide professional legal advice. It contains information related to obligations under occupational health and safety, environmental and related legislation. It may not summarise all current issues. No person should act solely on the basis of the information contained in or omitted from this Bulletin without obtaining appropriate professional legal advice about the obligations in the specific circumstances. Environment Essentials and its employees disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered through relying solely on any information contained in or omitted from this Bulletin. ©Environment Essentials 2007.