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 - Consultation paper on renewable energy target released – Closed for comment
The Council of Australian Governments (COAG) Working Group on Climate Change and Water has released a consultation paper on the design of the Renewable Energy Target (RET) scheme, Design Options for the Expanded National Renewable Energy Target Scheme. Comments have closed. More.

Australia – Energy – Green Paper on Carbon Pollution Reduction Scheme released – Open for comment until 10 Sep 
This Green Paper canvasses design options for the Carbon Pollution Reduction Scheme and presents the Commonwealth government’s dispositions and preferred positions.  Stakeholders are encouraged to provide feedback. A White Paper will follow the Green Paper and draft legislation will be developed later this year. Comments close 10 September. More.

NSW – Biodiversity - Biobanking closer to commencement
With legislation and regulations now in place, the NSW government intends to finalise the biobanking assessment methodology so that its biodiversity banking program can commence. More.

NSW – Mining – Legislation to improve management of environmental impacts to commence
The NSW Mining Amendment Act 2008 aims to improve management of environmental impacts associated with mining. Key changes include incorporating principles of ecologically sustainable development and potential environmental impacts. As at 21 July 2008, the legislation had not commenced. More.

SA - Waste – Plastic shopping bags to be banned
Under proposed legislation introduced on 18 June 2008, single-use, light weight polyethylene bags will be banned from 4 May 2009.  During the transition period which starts on 1 January 2009, any retailer who still provides single-use plastic bags must also provide alternatives for carrying goods so consumers have a choice.  Retailers will be able to charge for alternative bags that they supply.  More.

TAS - Waste – Draft Report on Controlled Waste Management Strategy released – Open for comment (no dates specified)
The Tasmanian government has released a report on the draft Controlled Waste Management Strategy, which aims to ensure that controlled waste generated in Tasmania is sustainably managed and potential risks minimised.  Industry and key stakeholders are encouraged to comment. More.

Legislation - Upcoming (from previous bulletins)

Australia – Tyres - Consultation package on tyres released – Closed for comment
See Jun 2008 bulletin.

Australia – Waste - Plastic bag Regulatory Impact Statement decision released
See Jun 2008 bulletin.

Australia – Water - Draft guidelines released on stormwater capture and aquifer recharge – Closed for comment
See Jun 2008 bulletin.

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

NSW – Water - Water industry competition regulations drafted
See Jun 2008 bulletin.

QLD – Energy consumption – Significant parts of Clean Energy Act 2008 yet to commence
See Jun 2008 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. 

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

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

TAS – Petrol - Underground petroleum tank Issues and Options Paper released – Closed for comment
See Jun 2008 bulletin.

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

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

NZ - Stratford DC - Proposed Stratford District Plan prepared - Closed for comment
A summary of submissions has been prepared.  Comments have closed.  View Proposed District Plan and Section 32 analysis. View submissions.

NZ - Masterton, Carterton and South Wairarapa – Decisions on Wairarapa Combined District Plan published
See Jun 2008 bulletin.

NZ – Manawatu-Wanganui RC – Decisions on One Plan prepared – Closed for comment
Hearings are now being conducted. See Feb 2008 bulletin.

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

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

NZ – Wellington RC – Regional Pest Management Strategy prepared
A summary of submissions has now been prepared.  See Nov 2007 bulletin. More.

 

Legislation - Under review

Australia – National Pollutant Inventory (NPI) – Draft NPI NEPM variation released – Closed for comment
The proposed variation will remove duplicate greenhouse gas and energy reporting requirements now covered by the National Greenhouse and Energy Reporting Act 2007. Comments have closed. More.

NSW – Electricity consumption - Energy Efficiency Trading Scheme discussion paper released
The NSW government proposes to extend the energy efficiency trading scheme, from 1 January 2009. It will build on existing obligations for electricity retailers and certain large users of electricity to reduce greenhouse gas emissions. More. (Also see Electricity: Greenhouse Gas Emissions in EnviroLaw).

NSW – Forestry - Forest assessments, agreements and approvals under review
A five-yearly review of NSW Forest Agreements and Integrated Forestry Operations Approvals is underway. More.

NSW – Land - Draft Contaminated Land Management Regulation 2008 released
The proposed regulation, which will replace the Contaminated Land Management Regulation 1998, is now available in draft form. More.

TAS – Land – Final report of the Review of the Tasmanian Natural Resource Management (NRM) Framework and Legislation released
This Final Report was produced following stakeholder and public consultation about the performance of the NRM Framework and legislation.  The Final Report contains 18 recommendations to improve and refine the NRM framework.  The government intends to implement all recommendations, which will require some minor amendments to the legislation and the Framework. More.

VIC – Noise – Environment Protection (Residential Noise) Regulations 2008 proposed – Open for comment until 1 Aug 
The EPA has proposed new regulations for residential noise, as the 1997 regulations are due to expire in October 2008. The proposed Regulations address issues raised in consultation, including changes related to large-scale residential construction noise. Comments close 1 August. More.

VIC – Waste – Prescribed waste legislation to be reviewed; Discussion paper released – Open for comment until 29 Aug
The current Environment Protection (Prescribed Waste) Regulations 1998 and the Industrial Waste Management Policy (Prescribed Industrial Waste) are both due for review, with the Regulations expiring in July 2009.   The discussion paper gives background information and poses questions to stimulate ideas and comments on the future management of hazardous waste in Victoria. Comments close 29 August. More.

WA – Vegetation – Clearing of native vegetation under review
The WA government has announced a review of the Environment Protection (Clearing of Native Vegetation) Regulations 2004. More - Click here and go to 'Review of native vegetation clearing legislation'.

NZ - Papakura DC – Changes to rural zone proposed – Closed for comment
Papakura District Council has prepared a summary of submissions regarding a variation to the District Plan, which proposes changes to the rural zone.  Comments have closed. More.

NZ - Bay of Plenty RC – Variation to Proposed Regional Water and Land Plan prepared – Closed for comment
Bay of Plenty Regional Council has prepared a variation to the Proposed Regional Water and Land Plan, regarding groundwater bores and flooding conditions.  Comments have closed. More.

NZ – Wellington CC – Changes to Kiwi Point quarry provisions proposed – Closed for comment
Wellington City Council has prepared an amendment to the District Plan, regarding Kiwi Point quarry provisions.  Comments have closed.  More.

NZ – Wellington CC – Changes to earthworks provisions proposed – Open for comment until 25 Aug
Wellington City Council has prepared an amendment to the District Plan, regarding earthworks provisions.  Comments close 25 August.  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.

TAS – Agriculture/Chemicals - Consultation Paper and draft regulations on agricultural spraying released – Closed for comment
See Jun 2008 bulletin.

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

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

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

TAS – Planning – Review of planning system in progress – Closed for comment
See Jun 2008 bulletin.

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

VIC – Biodiversity - Biodiversity Green Paper released – Closed for comment
See Jun 2008 bulletin.

VIC – Resources - Environmental offsets discussion paper released – Open for comment until 29 Aug 
See Jun 2008 bulletin.

NZ – Review of Council bylaws underway
The review is continuing.  See Jun 2008 bulletin and July EnviroLaw Updates pages (to be published August 15) for further details. 

NZ – Ashburton DC – District Plan under review
See Jun 2008 bulletin.

NZ – Invercargill CC – Rezoning of land from rural sub-area to industrial A sub-area proposed – Closed for comment
See Jun 2008 bulletin.

NZ – Tauranga CC – District Plan under review
See Jun 2008 bulletin.

NZ – Canterbury RC – Decisions on Proposed Natural Resources Regional Plan prepared – 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

NSW – Water - Draft Floodplain Harvesting Policy released
The draft policy seeks to cap the amount of water harvested from floodplains. More.

SA - Noise – Draft guidelines for use of Environment Protection (Noise) Policy 2007 released – Open for comment until 18 Aug
These Guidelines have been produced to explain and give guidance on the use of the Environment Protection (Noise) Policy 2007. Comments close 18 August. More.

WA – Water – Draft Whicher surface management plan released – Open for comment until 19 Sep
The Department of Water has released the draft Whicher area surface water management plan. Comments close 19 September. View draft.

WA – Water – Draft South West regional water plan released - Open for comment until 10 Sep
As part of the State Water Plan, the Department of Water has released the draft South West regional water plan. Comments close 10 September. View draft.

WA – Water – Draft Swan urban growth corridor water management plan released – Closed for comment
The Department of Water has released a draft drainage and water management plan for the Swan urban growth corridor. Comments have closed. View plan.

NZ – Wellington RC – Draft Regional Policy Statement prepared – Closed for comment
See Jun 2008 bulletin.

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.

SA - Landfills – Draft guidelines for groundwater investigation and monitoring at landfills released – Closed for comment
See Jun 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 – Land – Shark Bay Terrestrial Reserves Draft Management Plan released – Closed for comment
See Jun 2008 bulletin.

WA – Water – Bolganup drinking water protection plan released – Closed for comment
See Jun 2008 bulletin.

WA – Water – Nabawa’s water source protection plan released – Closed for comment
See Jun 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.

News

Fines and prosecutions

NSW - Leak from unbunded tank costs $128,000
A chemical manufacturer has been convicted and fined $100,000 plus $28,000 costs for polluting waters. After a process failure, sulphuric acid was stored in an unbunded tank with a flange not suitable for hot acid. The tank leaked overnight, and most of its contents escaped into a stormwater easement. Convicted of the offence of polluting waters, the company was ordered to pay a $100,000 fine to the local catchment management authority for river care purposes, plus $28,000 costs. View court report.

NSW - Emptying waste into stormwater costs $150,000
A truck driver, a manager and their employer have lost a total of $150,000 for polluting waters. In the middle of the night, a garbage truck driver would empty leftover liquid food waste into a stormwater drain, using a nearby fire hose to rinse the garbage compartment. The local council videoed the practice on closed circuit TV, and prosecuted the driver, the company that owned the garbage business and its manager for polluting waters.  Each were fined $22,500 and were liable for total costs exceeding $70,000. View court report - Click here and here.

TAS – $600 fine for burning tyres
A fine of $600 has been imposed for a tyre-burning incident on the East Coast.  Tyres are a controlled waste. More.

VIC – Individuals and companies fined for environmental breaches
A Cockatoo farmer has been fined $5,000 and ordered to pay $3,000 in costs for stealing water from Cockatoo Creek.  More.

The EPA has fined a number of companies and individuals for environmental breaches. These include fines of $5,506 issued to: 
- a regional council for allowing offensive odours to be discharged beyond the boundary of its Eaglehawk landfill. More.
- a Fairfield supermarket for failing to address noise from the site.  More.
- a Geelong winery for discharging winery wastewater into a billabong of the Moorabool River.  More.
- a Geelong North malting company for discharging wastewater into Corio Bay.  More.
- a Brooklyn composting operator for odour breaches.  More.
- a logistics company for a diesel spill - a tanker driver (and company director) forgot to remove the hose connected to the tanker before driving off, spilling about 4,000 L of diesel onto the forecourt of a Brooklyn service station, about 2,000 L of which entered the stormwater system and Stony Creek, coating a number of birds and subsequently killing several ducks.  More.
- a Morwell chemical company for a spill of brine solution into an off-site stormwater system.  More.
- a South Dandenong insulation manufacturer for allowing offensive odours outside its site boundary.  More.
- a Brooklyn sheep abattoir for discharging wastewater containing sheep faeces and urine into Kororoit Creek.  More.

A major demolition company was also fined $11,000 and ordered to pay EPA costs of $5,774 for illegally dumping industrial waste.  Waste timber from a demolition job was deposited and burned at a rural property in Boolarra South, when it should have been disposed of at a licensed facility. More.

WA – $25,000 fine to Hazelmere rendering company for odours
The DEC has fined a Hazelmere rendering company $25,000 for odour breaches. More.

WA – Environmental harm to vegetation leads to $25,000 fine
The DEC has fined a Kalgoorlie mining company $25,000 for causing environmental harm to vegetation after a tailings spill. More.

Other news

Australia – Energy - Information sessions for National Greenhouse and Energy Reporting to be held in August
Information sessions on the National Greenhouse and Energy Reporting System (NGERS) are scheduled for early August. More.

TAS – Container deposit – Viability of container deposit system to be studied
The study will analyse existing beverage container recovery systems in Tasmania, as well as return-to-depot systems, transport arrangements, collection depots and reverse vending machines.  Community and stakeholder attitudes about the possible introduction of a container deposit system will also be studied.  More.

TAS – EPA commences
The Board of Tasmania's new Environment Protection Authority (EPA) met for the first time on 1 July 2008. More.

WA – Air – Review of Environmental Protection (Kwinana) (Atmospheric Wastes) Policy 1999 deferred
The EPA has deferred review of the Environmental Protection (Kwinana) (Atmospheric Wastes) Policy 1999 until 31 December 2009. More - Click here and go to 'Review of the Environmental Protection (Kwinana) (Atmospheric Wastes) Policy 1999'.

NZ - Kaikoura DC – District Plan now operative
The Kaikoura District Plan was made operative on 23 June. View plan.

NZ – Selwyn DC – District Plan now partially operative
The Selwyn District Plan was made partially operative on 10 June. 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.