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 – Energy - National mandatory renewable energy target to be set
The Council of Australian Governments (COAG) intends to combine the existing Commonwealth Mandatory Renewable Energy Target (MRET) and the various state-based targets into a single, expanded national MRET scheme by early 2009. The final design will be considered by COAG at its September 2008 meeting. More.  

Australia – Plastic bag Regulatory Impact Statement decision released
The Environment Protection and Heritage Council has published a decision on the plastic bag Regulatory Impact Statement.  More.

Australia – Tyres - Consultation package on tyres released – Open for comment until 11 Jul
A consultation package on tyres has been released for public comment.  The package outlines a joint industry/government approach to whole-of-life tyre management.  Comments close 11 July. More.

Australia – Water - Draft guidelines released on stormwater capture and aquifer recharge – Open for comment until 1 Jul
Draft guidelines for stormwater harvesting and reuse, and managing aquifer recharge, have been released. Comments close 1 July.  More.

NSW – Biodiversity - Biobanking planned for 2008
The NSW government intends to introduce regulations to implement biobanking in 2008. More.

NSW – Water - Water industry competition regulations drafted
Regulations have been drafted so that licensed private companies will be able to supply metropolitan water and sewerage services. More.

QLD – Energy consumption – Boost for clean and efficient energy use, improved mine safety
Under a new Act, businesses using between 10 and 500 terajoules of energy per year will need to be registered, do energy audits and submit an Energy Savings Plan. Parts of the Act are also aimed at improving mine safety. The Clean Energy Act 2008 has been passed by parliament but has not yet commenced. View Act.  

QLD – Mining - Environmental regulation of certain mines changing
From 21 May 2008, the environmental regulation of certain mines by special agreement Acts will be transitioned to regulation by the Environmental Protection Act.  View Act.

QLD – Water – New legislation for drinking water and recycled water passed
New legislation for drinking water and recycled water, including purified recycled water, has been passed by parliament, aiming to improve the safety and reliability of Queensland’s water supplies. Under the Water Supply (Safety and Reliability) Act 2008, providers of recycled water and drinking water will be required to have approved water quality management plans. Queensland Health will set water quality standards, and the Office of the Water Supply Regulator will regulate compliance. The Act has mostly not yet commenced. More. View Act.

TAS – Petrol - Underground petroleum tank Issues and Options Paper released – Closed for comment
An Issues and Options Paper on underground petroleum tanks has been released for public comment, with a view to improving environmental management. Comments have closed.  More.

NZ - Masterton, Carterton and South Wairarapa – Decisions on Wairarapa Combined District Plan published
Masterton, Carterton and South Wairarapa District Councils have prepared a Combined District Plan, and have made decisions on it. More.

NZ - Stratford DC - Proposed Stratford District Plan prepared - Closed for comment
The Stratford District Council has prepared the Proposed Stratford District Plan. Comments have closed. More.

Legislation - Upcoming (from previous bulletins)

Australia – Chemicals – Tighter controls on 1080 poison proposed
See Apr 2008 bulletin.

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

NSW – Mining – Bill proposed to improve management of environmental impacts
See April 2008 bulletin.

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

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.

TAS – Air - Air Quality Strategy released
See Apr 2008 bulletin.

TAS – Land – Contaminated sites audit system proposed
See Apr 2008 bulletin.

TAS – Waste - Controlled waste tracking system and regulations progressing
See Apr 2008 bulletin.

TAS – Waste – State Waste Management Strategy being developed
See Apr 2008 bulletin.

NZ – Air – Climate Change (Emissions Trading and Renewable Preference) Bill introduced
See Apr 2008 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 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

TAS – Agriculture/Chemicals - Consultation Paper and draft regulations on agricultural spraying released – Open for comment until 28 Jul
A Consultation Paper and draft regulations have been produced as part of the review of aerial and ground spraying of agricultural chemicals. The comment period has been extended and comments now close 28 July. More.

TAS – Planning – Review of planning system in progress – Open for comment until 16 Jun
The Department of Justice is seeking submissions on the Tasmanian planning system, as part of a review.  More.

VIC – Biodiversity - Biodiversity Green Paper released – Open for comment until 30 Jun
The Victorian government has published a biodiversity Green Paper. Land and Biodiversity at a Time of Climate Change outlines the ongoing decline in land health and biodiversity and discusses suggested approaches for tackling the problems.  The White Paper is due for release in early 2009.  Comments close 30 June. More.

VIC – Resources - Environmental offsets discussion paper released – Open for comment until 4 Jul
The EPA has released the above discussion paper. It describes how environmental offset approaches can be used to benefit Victoria’s economy and environment.  In particular, the EPA is seeking feedback on the definition of environmental offsets, the principles for environmental offsets decision making and the proposed process for considering environmental offsets.  More.

NZ – Review of Council bylaws underway – Open for comment until 1 Jul
All bylaws that existed on 1 July 2003 are to be reviewed by 1 July 2008, and Councils are seeking submissions. Check your local council website to see if your Council is doing a review. More.

NZ – Ashburton DC – District Plan under review
Ashburton District Council is reviewing its District Plan. More.

NZ – Invercargill CC – Rezoning of land from rural sub-area to industrial A sub-area proposed – Closed for comment
Invercargill City Council has prepared a variation to the District Plan, proposing rezoning of land from Rural Sub-Area to Industrial A Sub-Area.  Comments have closed. More.

NZ – Tauranga CC – District Plan under review
Tauranga City Council is reviewing its District Plan. 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 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 - Amendments to Land Use Planning and Approvals Act 1993 proposed
See Apr 2008 bulletin.

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

TAS – Noise - Amendments to Noise Regulations proposed
See Apr 2008 bulletin.

TAS – Noise - Draft Environment Protection Policy (Noise) report issued
See Apr 2008 bulletin.

TAS – Water - Water policy to be reviewed
See Apr 2008 bulletin.

VIC – Noise – Review process for Environment Protection (Residential Noise) Regulations 1997 detailed
See Apr 2008 bulletin.

NZ – Canterbury RC – Decisions on Proposed Natural Resources Regional Plan prepared – Closed for comment
See Apr 2008 bulletin.

NZ – Gore DC – Proposed Trade Waste Bylaw 2008 published – Closed for comment
See Apr 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 rezoning of land from rural to residential released
See Feb 2008 bulletin.

Publications - Drafts

SA - Landfills – Draft guidelines for groundwater investigation and monitoring at landfills released – Open for comment until 25 Jul
The EPA has released the above guidelines, which detail methods for stakeholders to use when monitoring groundwater at landfill sites. Comments close 25 July. View guideline.

QLD – Water – Draft South East Queensland water strategy released – Open for comment until 31 Jul
The Queensland Water Commission has released a draft South East Queensland Water Strategy, ‘Water for today, water for tomorrow’. The strategy outlines a plan for the next 50 years’ water supply through ‘demand management measures and being ready to take proactive action to invest in new infrastructure in a timely way. Comments close 31 July. More.

WA – Air – Guideline for dust management published – Open for comment until 30 Jun
The DEC has released a draft guideline for managing and monitoring dust from activities like mining, quarrying and land clearing. Comments close 30 June. View guideline.

WA – Land – Shark Bay Terrestrial Reserves Draft Management Plan released – Open for comment until 7 Jul
The DEC has released a draft management plan for the Shark Bay Terrestrial Reserves and Proposed Reserve Additions. Comments close 7 July. More.

WA – Water – Bolganup drinking water protection plan released – Open for comment until 27 Jun
The Department of Water has released the Draft Bolganup Creek Catchment Area Drinking Water Source Protection Plan. It guides the protection of non potable water for the Porongurup area. Comments close 27 Jun. More.

WA – Water – Nabawa’s water source protection plan released – Closed for comment
The Department of Water has released the Nabawa Water Reserve Draft Drinking Water Source Protection Plan, as part of increased protection of WA’s water sources. Comments close 9 June. More.

NZ – Wellington RC – Draft Regional Policy Statement prepared – Closed for comment
Wellington Regional Council has prepared a draft Regional Policy Statement.  Comments have closed. More

Australia – Chemicals and plastics – Draft research report into plastics and chemicals published – Closed for comment
See Apr 2008 bulletin.

Australia – Radioactive waste - Draft Safety Guide for the Predisposal of Radioactive Waste published – Closed for comment
See Apr 2008 bulletin.

TAS – Land - Quarry Code of Practice 1999 under review
See Apr 2008 bulletin.

TAS – Water - Draft Guidelines for Boat Repair and Maintenance Facilities under review
See Apr 2008 bulletin.

WA – Salt field – Supplementary information on proposed Yannarie solar salt field published – Closed for comment
See Apr 2008 bulletin.

WA – Water– Draft management plan for south west groundwater published – Closed for comment
See Apr 2008 bulletin.

WA – Water - Draft Drinking Water Protection Plan for Brookton published – Closed for comment
See Apr 2008 bulletin.

WA – Water – Gnangara Draft Management Plan published – Closed for comment
See Apr 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.

News

Fines and prosecutions

NSW – Waste - Manager deemed personally liable for accepting waste without licence
A general manager has been fined $18,000 plus costs after he continued to accept excavated natural material, even though the company’s waste licence had been suspended. View court decision. View case analysis.

VIC – Fines and prosecutions
The EPA has fined a number of companies and individuals for environmental breaches. These include:
- a Campbellfield waste management company ordered to pay $50,000 to a community organisation and $10,000 costs after a chemical fire. More.
- a shipping company and its master fined $35,000 and $7,000 respectively, plus $10,000 costs, for illegally disposing of garbage into Port Phillip Bay. More.
- an Echuca abattoir operator fined $5,506 for failing to mitigate and manage odour from its site. More.
- a Bendigo East waste management company fined for storing waste outside a bunded area. Approximately five cubic metres of soil was contaminated.  More.
- a Victorian council fined $5,506 for building saleyards before getting an EPA works approval.  More.
- a Patho landfill operator fined $5,506 for doing site construction works before getting EPA approval.  More.
- a Victorian entertainment company fined $5,506 for exceeding allowable noise levels during a concert.  More.
- a wharf construction company fined $5,506 for allowing sand blasted waste to enter a waterway at Williamstown.  More.
- a Torquay service station operator fined $5,506 for allowing contaminated water to enter a stormwater gutter.  More.

Other news

Australia – Overview of 2008 budget and climate change published
The Commonwealth government has published an overview of the 2008 budget provisions relevant to climate change. More.

Australia – Review into atrazine herbicide published
The Australian Pesticides and Veterinary Medicines Authority (APVMA) has concluded its review into the herbicide atrazine. The review supports its continued registration and use, but suggests labelling changes to reduce environmental risks. More.

NSW – Environmental crimes database established
The Land and Environment Court and the Judicial Commission have established an environmental crimes database, which summarises sentencing statistics and remarks for environmental criminal offences. More.

QLD – Heritage – Changes to Queensland Heritage Act 1992 now in place
Changes to the Queensland Heritage Act 1992 commenced on 31 March. Under the Queensland Heritage and Other Legislation Amendment Act 2007, there are new offences related to archaeological artefacts and shipwrecks, including failure to give notice of finds and interfering with artefacts. Local governments are required to keep a local heritage register of places of cultural heritage significance, and may include the register in the planning scheme.  View Act.

TAS – EPA to be established
See Apr 2008 bulletin.

NZ – Central Otago DC – District Plan now operative
The Central Otago District Plan was made operative on 1 April. More.

NZ – Queenstown-Lakes DC – District Plan now operative
The Queenstown-Lakes District Plan was made operative on 14 March. More

NZ – Canterbury RC – Resource consent processing delays expected
Environment Canterbury expects delays in processing resource consents, due to a sharp rise in applications to access water and dispose of effluent. More.

NZ – Auckland CC – Local government restructure proposed
Auckland City Council intends to make a submission to the Royal Commission of Inquiry on the city's governance. It is proposing that Auckland RC and several local governments be replaced with a Greater Auckland Council. More.

NZ – Rural – Field testing of GM vegetables requested – Closed for comment
The Environmental Risk Management Authority has received an application for the field testing  of genetically-modified onions, spring onions, garlic and leeks over a 10 year period. Comments have closed. It is likely that a public hearing will be held on the application in July. 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 - Company directors and managers deemed liable for environmental offences
The NSW Land and Environment Court has handed down a decision in which it made some important observations about director and manager liability under environmental legislation. The case is relevant to due diligence responsibilities under most environmental laws throughout Australia. View case study. View court decision.

Australia - View Freehills' publications.