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October 2008


Legislation
Upcoming changes


Publications

News
Fines/prosecutions
Other news

Case briefs

 
Archive

 
 

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 changes

QLD – Minor offences – Streamlined enforcement provisions proposed
Under proposed legislation, the current offence provisions relating to environmental nuisance, water pollution, air pollution and fuel quality standards will be relocated from the Regulation and Policies to the Environmental Protection Act. A new direction notice will be established to manage environmental nuisance and minor water pollution issues. View bill.

TAS – Climate changeClimate Change (State Action) Bill 2008 introduced
The Tasmanian government has introduced the Climate Change (State Action) Bill 2008.  The proposed Act will help Tasmania respond to the challenges of climate change by, among other things, setting a state target for reducing greenhouse gas emissions. More.

VIC – Energy efficiency – Draft VEET Regulations and RIS released – Open for comment until 3 Oct 
The Department of Primary Industries has released an exposure draft of the proposed Victorian Energy Efficiency Target (VEET) Regulations and associated Regulatory Impact Statement (RIS).  The Regulations affect energy retailers, households, and businesses which choose to create tradeable energy efficiency certificates under the VEET scheme. More.

VIC – Greenhouse gasGreenhouse Gas Geological Sequestration Bill introduced
The Victorian government has introduced the Greenhouse Gas Geological Sequestration Bill 2008.  The proposed Act will facilitate and regulate the injection of greenhouse gases into underground geological formations for permanent storage. View bill - Click here and go to Greenhouse Gas Geological Sequestration Bill 2008.

NZ – Western Bay of Plenty DC – District Plan review – Closed for comment
Western Bay of Plenty District Council has prepared a District Plan review.  Comments have closed.  More.

 
Legislation - Upcoming changes (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 – Energy - Consultation paper on renewable energy target released – Closed for comment 
See Aug 2008 bulletin.

Australia – Energy – Green Paper on Carbon Pollution Reduction Scheme released - Closed for comment 
See Aug 2008 bulletin.

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

Australia – National Pollutant Inventory (NPI) – Draft NPI NEPM variation released – Closed for comment 
See Aug 2008 bulletin.

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

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 – Electricity consumption - Energy Efficiency Trading Scheme proposed
See Aug 2008 bulletin.

NSW – Forestry - Forest assessments, agreements and approvals under review

See Aug 2008 bulletin.

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

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

SA - Waste – Plastic shopping bags to be banned 
See Aug 2008 bulletin.

TAS – Agriculture/Chemicals - Consultation Paper and draft regulations on agricultural spraying released – Closed for comment 

See Jun 2008 bulletin.

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

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

TAS – Land – Final report of the Review of the Tasmanian Natural Resource Management (NRM) Framework and Legislation released
See Aug 2008 bulletin.

TAS –
 Land – Contaminated sites audit system proposed 
See Apr 2008 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 – Petrol - Underground petroleum tank Issues and Options Paper released – Closed for comment

See Jun 2008 bulletin.

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

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

TAS - Waste – Draft Report on Controlled Waste Management Strategy released – Open for comment (no dates specified)
See Aug 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 – Noise – Environment Protection (Residential Noise)
 Regulations 2008 proposed - Closed for comment 
See Aug 2008 bulletin.

VIC – Resources - Environmental offsets discussion paper released – Closed for comment
 
See Jun 2008 bulletin.

VIC – Waste – Prescribed waste legislation to be reviewed; Discussion paper released - Closed for comment 
See Aug 2008 bulletin.

WA – Vegetation – Clearing of native vegetation under review
See Aug 2008 bulletin.

NZ – Air – Climate Change (Emissions Trading and Renewable Preference) Bill introduced
The Climate Change (Emissions Trading and Renewable Preference) Bill has been divided into two bills, namely, the Climate Change Response (Emissions Trading) Amendment Bill and the Electricity (Renewable Preference) Bill. Both bills have passed their third reading. See Apr 2008 bulletin.

NZ – Review of Council bylaws underway
The review is continuing.  See Jun 2008 bulletin and August EnviroLaw Updates page for further details. 

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

NZ - Bay of Plenty RC – Variation to Proposed Regional Water and Land Plan prepared – Closed for comment
A summary of submissions has now been prepared. Comments have closed. See Aug 2008 bulletin. More.

NZ – Canterbury RC – Decisions on Proposed Natural Resources Regional Plan prepared – Closed for comment
Hearings are now being conducted. See Apr 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 - Stratford DC - Proposed Stratford District Plan prepared - Closed for comment
See Aug 2008 bulletin.

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

NZ – Manawatu-Wanganui RC – Hearings regarding One Plan underway – Closed for comment
See Feb 2008 bulletin.

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

NZ - Papakura DC – Changes to rural zone proposed – Closed for comment
See Aug 2008 bulletin.

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

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

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

NZ – Wellington RC – Summary of submissions regarding Regional Pest Management Strategy prepared
See Nov 2007 bulletin. More.

NZ – Wellington CC – Changes to earthworks provisions proposed – Closed for comment
See Aug 2008 bulletin.

NZ – Wellington CC – Summary of submissions regarding changes to Kiwi Point quarry provisions prepared – Closed for comment
A summary of submissions has now been prepared. Comments have closed. See Aug 2008 bulletin. More.

Publications - Drafts

Australia – Dredging – Revised National Ocean Disposal Guidelines for Dredged Material released – Closed for comment
The Commonwealth government has released revised National Ocean Disposal Guidelines for Dredged Material. The guidelines are used to assess applications for the disposal of dredged material under the Environment Protection (Sea Dumping) Act 1981, the Environment Protection and Biodiversity Conservation Act 1999 and the Great Barrier Reef Marine Park Act 1975. Comments have closed.  More.

ACT – Draft Natural Resource Management Plan released – Open for comment until 10 Oct
The draft Natural Resource Management Plan relates to various environmental indicators. Comments close 10 October 2008. More.

NSW – Noise – Draft Construction Noise Guideline released – Closed for comment
The DECC has released the Draft Construction Noise Guideline. It is intended that it will replace the Noise Control Guideline: Construction Site Noise. Once finalised, the guidelines will indicate the likely controls on noise from construction sites that may be required under planning approvals, under environmental protection licence conditions, or required by council or EPA officers where noise problems occur. Comments have closed. More.

SA - Waste – Draft Guidelines for Stockpile Management released – Closed for comment
The SA EPA has released draft Guidelines for stockpile management.  The guidelines outline the EPA requirements for appropriate management of stockpiled and stored wastes and waste-derived products. More.

SA - Biosecurity – Draft SA Biosecurity Strategy released – Closed for comment
The SA government has drafted a revised biosecurity strategy.  The strategy covers threats in all biosecurity sectors, including animal health, aquatic animal health, aquatic pests, plant health, public health, social amenity pests and diseases, terrestrial vertebrate pests, weeds, wildlife health and other terrestrial environmental pests and diseases.  Comments have closed. More.

VICEnergy efficiency – Draft VEET Scheme Guidelines released – Closed for comment
The Essential Services Commission (ESC) has released draft guidelines on the Victorian Energy Efficiency Target (VEET) scheme, which is due to commence on 1 January 2009.  The scheme sets a target for energy savings to be achieved through the uptake of energy efficient technology.  Energy retailers are required to meet these targets by purchasing energy efficiency certificates which can be created by providing energy saving products and services to households.  A draft decision paper and draft Guidelines have been released. More.

VIC - Enforcement – Draft Enforceable Undertakings Guidelines and Discussion Paper released – Closed for comment
The EPA has issued draft guidelines on enforceable undertakings, a new enforcement tool under the Environment Protection Act 1970.  Enforceable undertakings are promises in which an alleged offender voluntarily undertakes to perform various tasks in settlement for contravention of the Act.  When finalised, Enforceable Undertakings Guidelines will form part of the Enforcement Policy. A discussion paper is available. More.

WA – Port of Esperance - Lead and nickel documents released – Closed for comment
The Department of Environment and Conservation (DEC) has released the Esperance Port Draft Environmental Assessment Report, prescribed premises licence renewal, and the Esperance Port Authority’s lead removal plan. Comments have closed. More.

WA – Water – Draft Jandakot drainage and water management plan released – Closed for comment
The Department of Water has released the draft Jandakot drainage and water management plan. Comments have closed. More.

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

Pub_Draft

Publications - Drafts (from previous bulletins)

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

NSW – Water - Draft Floodplain Harvesting Policy released
See Aug 2008 bulletin.

SA - Landfills – Draft guidelines for groundwater investigation and monitoring at landfills released – Closed for comment 
See Jun 2008 bulletin.

SA - Noise – Draft guidelines for use of Environment Protection (Noise) Policy 2007 released – Closed for comment
See Aug 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 – Water – Draft Whicher surface management plan released – Closed for comment
See Aug 2008 bulletin.

WA – Water – Draft South West regional water plan released - Closed for comment
See Aug 2008 bulletin.

News

Fines and prosecutions

Australia – Landowner penalised for developing habitat
A landowner near Cressy, Victoria, will pay $20,000 for conservation programs after he developed land that was habitat for the threatened Striped Legless Lizard. The payment is part of an enforceable undertaking accepted under the Environment Protection and Biodiversity Conservation Act 1999. More.

NSW – Director personally liable for seagrass dredging offence
A company’s sole director has been fined $6,000, with an estimated $30,000 in legal costs, after a pipeline caused damage to seagrass. A licence required the pipeline to be removed on completion of dredging, but it was not done for four months. Tidal movement of the pipeline caused damage to seagrass. View court report.

QLD – Company fined $100,000, and employee $20,000, for toxic waste burial

A company has been fined $100,000, and an employee convicted and fined $20,000, for allowing the burial of toxic waste (copper chrome arsenate sludge) at a sawmill in central Queensland. It is estimated that cleanup costs, to be paid by the company, will exceed $1 million. More.

VIC – Individual and companies fined for environmental breaches
 
The EPA has fined a number of companies and individuals for environmental breaches:
- a West Melbourne transport company was fined $5,506 for discharging oil into a stormwater outlet that flowed into the Maribyrnong River. More.
- a Kingower man was convicted  and fined $1,500 for illegally dumping tens of thousands of used tyres on his property and for breaching an EPA clean up notice.  He was also ordered to correctly dispose of the tyres. More.
 - a St Albans resident was fined $2,500 and ordered to pay EPA costs of more than $2,000 for aggravated littering, after he dumped rubbish in Altona North. More.
- a demolition company and a gravel pit operator have been ordered to pay $40,000 and $5,000 respectively towards environmental projects, after they deposited and burnt industrial waste at an unlicensed Carrajung South site.  They were also ordered to pay EPA costs of nearly $6,000. More.

Other news

NSW – Air - Cleaner Vehicles and Fuels Strategy 2008 released
The DECC has released the Cleaner Vehicles and Fuels Strategy 2008. Proposals include vapour recovery at service stations, summer time low-volatility petrol, diesel retrofitting, the environmental rating of heavy vehicles and benchmarking of vehicle fleets. More.

WA – EPA – EPA to use bulletins to announce news
The EPA will now be announcing its position on environmental issues and addressing policies needing urgent attention through Environmental Protection Bulletins (EPBs). The first bulletin on biodiversity was released on 8 September 2008. More – Click here and go to Environmental Protection Bulletins. View biodiversity bulletin.

WA – Mining – New assessment system for mine closure and rehabilitation

The Department of Industry and Resources (DOIR) has released a new assessment system for mine closure and rehabilitation. The new system will bring WA into line with other states, and takes into account changed community expectations and mine rehabilitation standards. It will begin by July 2009. More.

NZ – Chemicals - Three hazardous chemicals to be re-assessed
The Environmental Risk Management Authority has approved a risk/benefit re-assessment of three more hazardous chemicals, as part of a programme that aims to reduce risk to people and the environment. The chemicals are trichlorfon, dichlorvos and methylarsinic acid. 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.

View Freehills' publications.

 

   

 


The Bulletin is not intended to and does not provide professional legal advice. It is a general guide to the main obligations under occupational health and safety, environmental and related legislation. 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.