This environmental bulletin provides information about Australian national and state legislation, and New Zealand national 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 – Chemicals – Tighter controls on 1080 poison proposed
The Australian Pesticides and Veterinary Medicines Authority (APVMA) has released its review of 1080 poison (sodium fluoroacetate). It proposes strengthening controls to help reduce poisoning of native wildlife. More.

ACT – Planning – New planning laws to commence 31 Mar
The Planning and Development Act 2007 and Planning and Development Regulation 2008 will commence on 31 March 2008. More: Click here and go to The New Planning System.

NSW – Mining – Bill proposed to improve management of environmental impacts
The NSW government is proposing a Mining Amendment Bill 2008 to improve management of environmental impacts associated with mining. Key changes include incorporating principles of ecologically sustainable development and including potential environmental impacts. More.

QLD – Mining - Older mining environmental laws to be eliminated
The Queensland government is moving to repeal the special status granted to some mining companies which made them exempt from environmental protection legislation. More.

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 March 2008. More: Click here and go to page 2. View strategy.

TAS – Land - Contaminated sites assessment trigger defined
The draft Planning Schedule has been amended and now details the requirements to trigger site contamination assessments during land use changes.  A number of councils have already amended their planning schemes accordingly.  Implementation will initially occur through provision of advice to Councils that are amending their schemes.  More: Click here and go to page 5.

TAS – Land – Contaminated sites audit system proposed
A proposed contaminated sites audit system is under discussion with a stakeholder working group and progress has been made on refining practical options.  A national working group is discussing options for a national auditors’ accreditation system.  Regulations will be drafted in the first half of 2008.  More: Click here and go to page 5.

TAS – Waste - Controlled waste tracking system and regulations progressing
Draft regulations to track the movements of controlled waste in Tasmania have been finalised.  The Controlled Waste Tracking Regulations are scheduled for gazettal when the online controlled waste tracking system has been deployed.  Controlled waste transport will then be managed through an online system which will track movements of controlled waste from the point of production to the point of disposal.  More: 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 and September 2007.  Councils have been asked to work cooperatively to develop regional waste management strategies.  More: Click here and go to page 4.

NZ – Air – Climate Change (Emissions Trading and Renewable Preference) Bill introduced
The Bill above has been introduced to Parliament.  It amends the Climate Change Response Act 2002 to introduce a greenhouse gas emissions trading scheme, covering all sections and gases.  It also amends the Electricity Act to create a preference for renewable electricity generation.  View Bill.

Legislation - Upcoming (from previous bulletins)

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

NSW – BioBanking – Draft documents released – Closed for comment
See Feb 2008 bulletin.

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

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

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

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

NZ – Canterbury RC – Variations to Proposed Natural Resources Regional Plan prepared – Closed for comment
See Feb 2008 bulletin.

NZ – Manawatu-Wanganui RC – Decisions on One Plan prepared – Closed for comment
See Feb 2008 bulletin.

NZ – Motiti Island – Decisions on proposed District Plan released
See Feb 2008 bulletin.

NZ – Rodney DC – Variation regarding noise rules in rural zones in the Proposed District Plan prepared – Closed for Comment
See Feb 2008 bulletin.

NZ – Franklin – New trade waste bylaw charging regime proposed – Closed for comment
See Nov 2007 bulletin.

NZ – Wellington RC – Regional Pest Management Strategy prepared
See Nov 2007 bulletin.

 

Legislation - Under review

QLD – RIS on Environmental Protection Regulation published - Closed for comment
The EPA has published a Regulatory Impact Statement setting out proposed changes to the Environmental Protection Regulation 1998. Changes include a review of the schedule of environmentally relevant activities (see November 2007 bulletin) and changes to the management of environmental nuisance. Comments have closed. More.

QLD – Waste - Waste strategy consultation summary published
The EPA has published a report summarising public submissions and stakeholder forums on its draft waste strategy. More. (Also see November 2007 bulletin).

TAS – Land - Amendments to Land Use Planning and Approvals Act 1993 proposed
A 2005 report recommended changes to the Land Use Planning and Approvals Act 1993 to aid amendment of permit conditions.  Councils, the Local Government Association of Tasmania and relevant stakeholders will be consulted during the development of these amendments.  It is intended that these amendments will be progressed under the Better Planning Outcomes Program during 2008. More: Click here and go to page 6.

TAS – Land – Management system for underground petroleum storage under review
An Issues and Options Paper is being developed to consider management systems for underground petroleum storage systems.  The Paper will be released in early 2008 for public comment.  More: Click here and go to page 5.

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 is likely to commence in early 2008.  More: Click here and go to page 3.

TAS – Noise - Draft Environment Protection Policy (Noise)
The Environment Protection Policy Review Panel has reviewed submissions on the Draft Policy and provided a report on its findings to the Minister.  The report includes a modified draft Policy and a number of other recommendations.  More: Click here and go to page 3. View draft policy.

TAS – Water - Water policy to be reviewed
The first major review of the State Policy on Water Quality Management 1997 will start in early 2008.  The Review is expected to take approximately twelve months, with the Preferred Options Paper to be released around September 2008. More: Click here and go to page 2.

VIC – Noise – Review process for Environment Protection (Residential Noise) Regulations 1997 detailed
These Regulations, which deal with noise from residential premises (including those under construction), are due to be remade by October 2008.   Draft Regulations and a Regulatory Impact Statement (RIS) are expected to be released for public comment in June 2008. More.

NZ – Canterbury RC – Decisions on Proposed Natural Resources Regional Plan prepared – Closed for comment
Canterbury Regional Council has prepared a summary of decisions on the Natural Resources Regional Plan, regarding discharge to air in Rangiora and Kaiapoi.  Further comments have closed.  More - Rangiora.  More - Kaiapoi.

NZ – Gore DC – Proposed Trade Waste Bylaw 2008 published – Open for comment until 13 May
Gore District Council is reviewing the existing Trade Waste Bylaw 2001 and has produced the proposed Trade Waste Bylaw 2008. Comments close 13 May 2008.  More.

Legislation - Under review (from previous bulletins)

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

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

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

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

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

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

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

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

TAS – Land – Review of Natural Resource Management Framework and Legislation – Closed for comment.
See Nov 2007 bulletin.

WA – Mining - Mines Safety and Inspection Act 1994 under review – Closed for comment
See Feb 2008 bulletin.

NZ – Nelson CC – Summary of submissions regarding Port Noise variation released – Closed for comment
See Feb 2008 bulletin.

NZ – Waipa DC – Decisions on submissions regarding the rezoning of land from rural to residential released
See Feb 2008 bulletin.

Publications - Drafts

Australia – Chemicals – Final report on spray drift risk published – Closed for comment
The Australian Pesticides and Veterinary Medicines Authority (APVMA) has released the final draft of Operating Principles in Relation to Spray Drift Risk, and its associated Preliminary Regulatory Impact Statement. Comments have closed. More – Click here and go to Spray Drift Risk.

Australia – Chemicals and plastics – Draft research report into plastics and chemicals published – Open for comment until 30 Apr
The Productivity Commission has published a draft research report into the regulation of plastics and chemicals.  The report concludes that, while current regulations are relatively effective in managing OHS risks, they are less effective in managing environmental risks. A number of recommendations are included, including a four tiered model of governance.  The final report is due in July 2008. Comments close 30 April. More about report.  Details on making a submission (see Additional Information in right hand banner).

Australia – Radioactive waste - Draft Safety Guide for the Predisposal of Radioactive Waste published – Closed for comment
The Safety Guide above has been published. It gives information on measures that will help ensure that predisposal management of radioactive waste is done safely, with no adverse effects on public health or the environment. The Guide applies to low and intermediate level radioactive waste from various operations, including medical, educational, research, industrial and commercial uses. More.

QLD – Air – Proposed Ambient Air Quality Monitoring Plan for Gladstone released – Closed for comment
The Proposed Ambient Air Quality Monitoring Plan for Gladstone has been released. Comments have closed. More.

QLD – Water – Waste water discharge and environmental offsets published – Open for comment until 28 Apr
Comment on the proposed EPA Operational Policy has been invited. Comments close 28 April. More.

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.  More: Click here and go to page 6.

TAS – Water - Draft Guidelines for Boat Repair and Maintenance Facilities under review
The Draft Guidelines for Boat Repair and Maintenance Facilities that were released for comment in 2004 have been revised to take into account developments since that time.  It is anticipated that the Revised Draft Guidelines will be released for stakeholder and community consultation early in 2008.  More: Click here and go to page 2.

WA – Salt field – Supplementary information on proposed Yannarie solar salt field published – Closed for comment
The EPA has published supplementary information for a company’s proposal to develop a large salt field in the Exmouth Gulf. Comments have closed. More.

WA – Water– Draft management plan for south west groundwater published – Open for comment until 19 May
The Department of Water has published a draft water management plan for the south west’s water resources and Yarrgadee aquifer.  This plan has been drafted in response to the removal of the Water Corporation’s application for an Integrated Water Supply Scheme. Comments close 19 May. More.

WA – Water - Draft Drinking Water Protection Plan for Brookton published - Open for comment until 15 Apr
The Department of Water has released a draft drinking water management plan for Brookton Happy Valley Water Reserve. The plan aims to guarantee good quality and safe drinking water. Comments close 15 April. More.

WA – Water – Gnangara draft management plan published - Open for comment until 30 May
The Department of Water has released a draft water management plan for the Gnangara groundwater system, the south west’s largest source of potable water. Comments close 30 May. More.

News

Fines and prosecutions

NSW – $56,000 fine for evading asbestos questions from council
The owner of a development site has been fined $56,250 plus costs for providing false or misleading information. The local council asked for information about the demolition and disposal of a house containing asbestos.  The owner did not take the questions seriously and did not provide the details of subcontractors who could have assisted with the investigation. More.

Other news

TAS – EPA to be established
The Environment Protection Authority (EPA) will commence in Tasmania on 1 July 2008.  More: Click here and go to page 6.

WA – Development – EPA advice on Keralup (Amarillo) housing development published
The EPA has provided advice to the Minister for Environment on the government’s proposal to develop a new residential development for 90,000 people near Rockingham. More.

NZ – Canterbury RC – Prohibition on outdoor fires in sensitive rural areas introduced
Environment Canterbury has placed a year-round prohibition on all outdoor fires without resource consent in sensitive rural areas.  This is the next step in implementing the region’s air plan. More.

NZ – Nelson CC – Variation regarding landfill now operative
Variations to Nelson City Council’s District Plan regarding various activities, including landfill, were made operative on 26 January. More.

Case briefs

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