OHSE Bulletin

Legislation - Upcoming changes

Australia – Air – Variation of diesel NEPM proposed – Closed for comment
The National Environment Protection Council (NEPC) intends to vary the Diesel Vehicle Emissions Measure. The proposed minor variation will update the schedules to the National Environment Protection Measure (NEPM) to:

incorporate reference to new technology
reflect knowledge gained through experience in implementing the NEPM and its guidelines
improve the effectiveness of the NEPM. More.

Australia – Biodiversity – Review of the EPBC Act commissioned; Discussion paper released - Open for comment until 19 Dec
An independent review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been commissioned by the Commonwealth government. The review will assess the operation of the EPBC Act and the extent to which its objectives have been achieved. Public consultation sessions will also be held. The review's final report will be provided to the Minister by the end of October 2009. A discussion paper has been released. The first stage of the public input process has commenced and written submissions close on 19 December 2008. More.

NSW – Planning - Legislative Council inquiry into planning framework underway – Open for comment until 13 Feb
An inquiry into the NSW planning framework is underway. The Upper House is considering the implications of the COAG reform agenda for planning in NSW, climate change and natural resource issues in planning and development controls, and the duplication of processes under relevant Commonwealth and NSW legislation. Submissions close 13 February 2009. More.

QLD – Minor offences – Streamlined enforcement provisions approved
Amendments to the Environmental Protection Act 1994 providing for environmental nuisance offences relating to water pollution, air pollution and noise have been passed by the Parliament but have not yet commenced. View Explanatory Notes.

QLD – New Environmental Protection Regulation 2008 to start in Jan 2009
The new regulation will commence on 1 January 2009. It includes considerable changes to the existing regulatory regime, including a number of new environmentally relevant activities and changing the thresholds for some existing ones. View Explanatory Notes.

QLD – Fines - Increased penalties to start from Jan 2009
The Queensland government will increase fines for all offences (including environmental offences) by a third from January 1 2009. The value of a penalty unit will change from $75 to $100. More.

SA – Waste – Draft Environment Protection (Waste to Resources) Policy released – Open for comment until 20 Feb
The EPA has released the draft Environment Protection (Waste to Resources) Policy for comment. The draft policy will provide regulatory underpinning for South Australia’s Waste Strategy 2005-2010. Comments close 20 February 2009. More.

TAS – Air – Air quality strategy steering committee to be established
A steering committee to oversee implementation of this strategy was to be established in October 2008. More: click here, and go to p. 1, ‘2. Air Policy’.

TAS – Fees – Fees to change under EMPCA
Following changes to the Environmental Management and Pollution Control Act, changes to the fee regulations will be made. They are close to being finalised and should be operational by the end of the year. More: click here, go to p. 4,’EMPCA (General Fees) Amendments Regulations 2008’.

TAS – Noise – Draft noise policy nearly complete
A modified Draft Environment Protection Policy on Noise will soon be submitted to cabinet for approval. More: click here and go to p. 1, ‘3. Noise Policy’.

TAS – Noise – Changes to noise regulations proposed
Amendments to the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 have been proposed. Public consultation on the draft amendments and impact statements is likely to commence later this year. More: click here and go to p. 2, ‘Noise Regulations – amendments’.

TAS – Site contamination – Audit system proposed
A contaminated sites audit system has been proposed. Regulations to manage the audit system are to be drafted in the second half of 2008. More: click here and go to p. 3, ‘5. Contaminated Sites Policy’.

TAS – Site contamination – Management system for underground petroleum storage systems advances further
A regulatory impact statement for proposed regulations for underground petroleum storage systems will be developed after further review. The project should be completed by late 2009. More: click here and go to p. 3, Management System for Underground Petroleum Storage Systems’.

TAS – Site contamination – Draft planning schedule for site assessments trigger amended
A draft planning schedule detailing requirements to trigger site contamination assessments has been amended. Further review is to follow. More: Click here and go to p. 3, Site Assessments Trigger.

TAS – Waste – Container deposit feasibility study proposed
A study into the feasibility of a container deposit system for Tasmania was expected to commence in September 2008. More: click here and go to p. 2, ‘Container Deposit System – Feasibility Study’.

TAS – Waste – Controlled waste strategy to be developed
The draft strategy was released for comment in April 2008. More: click here and go to p. 2, ‘Controlled Waste Strategy’.

TAS – Waste – Controlled Waste Tracking Regulations drafted
The Controlled Waste Tracking Regulations will come into effect when the online tracking system has been deployed. More: click here and go to p. 3, ‘Controlled Waste Tracking Regulations’.

TAS – Waste – Litter Act amendments proposed
Consultations about a number of proposed amendments to the Litter Act 2007 will take place later in the year. An enforcement policy for the Act is under development. More: click here and go to p. 2, ‘Litter Act’.

TAS – Waste – Draft waste and resource management strategy released – Open for comment until 22 Dec
The Draft Tasmanian Waste and Resource Management Strategy, which aims to reduce the impact of waste disposed to landfill and to increase resource recovery, has been released for public comment.
Comments close 22 December 2008. More.

TAS – Water – Water policy being reviewed
A review of the State Water Policy commenced early in 2008. A discussion paper is being produced and will be followed by a preferred options paper around December 2008. More: click here and go to p. 1, ‘Review of the State Water Policy’.

TAS – Water – Water quality management review released – Open for comment until 15 Dec
Public submissions are being sought for a review of the State Policy on Water Quality Management. The Policy is the main statutory instrument for managing environmental water quality in Tasmania and sets a framework for improving how water quality is monitored, measured and reported. A discussion paper is being released for public comment, providing background information and elaborating the key issues identified during the policy's operation since 1997 and options for the policy's future. Comments close 15 December 2008. More.

NZ – Clutha DC – District Plan under review – Open for comment until 12 Dec
Clutha District Council is reviewing its District Plan. Comments close 12 December. More.

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

Publications - Draft

Australia – Vehicle fuel efficiency – Discussion paper on encouraging uptake released - Closed for comment
The Australian Transport Council and the Environment Protection and Heritage Council Vehicle Fuel Efficiency Working Group have released a public discussion paper, Vehicle Fuel Efficiency: Potential measures to encourage the uptake of more fuel efficient, low carbon emission vehicles. This discussion paper examines eight potential measures to encourage the uptake of more fuel efficient, low carbon emission vehicles. Comments have closed. More.

Australia – Wind energy – Wind farm industry policy statement released – Open for comment until 8 Dec
The draft wind farm industry policy statement has been released. It is designed to assist operators in the wind farm industry to decide whether or not proposed actions require assessment and approval under the Environment Protection and Biodiversity Conservation Act 1999. Comments close 8 December 2008. More.

NSW – Biodiversity – Revised Biodiversity Strategy released – Open for comment until 13 Feb
A new biodiversity strategy for NSW is being developed. The DECC has published a discussion paper, ‘A new Biodiversity Strategy for New South Wales - Discussion Paper’ and invites submissions. Comments close 13 February 2009. More.

SA – Noise – Draft wind farm noise guidelines released - Closed for comment
The Draft Wind Farm Environmental Noise Guidelines 2008 have been produced. They give explanation and guidance to developers, planning and enforcement authorities and the broader community assessing environmental noise impact from wind farms. Comments have closed. More.

SA – Waste reuse – Draft Protocol for Refuse-Derived Fuel released - Closed for comment
Specific guidelines are being developed on reuse options for waste-derived products. The Draft Protocol for Refuse Derived Fuel and supporting documentation have been released. Comments have closed. More.

TAS – Quarrying – Quarry code review put on hold
The review of the Quarry Code of Practice has been put on hold and was expected to recommence in late 2008. More: Click here and go to page 3, ‘6. Review of Quarry Practice’.

TAS – Water – Changes to guidelines for boat repair and in-water maintenance to be recommended
The revised Draft Environmental Best Practice Guidelines for Boat Repair and In-Water Vessel Maintenance was released for comment in March 2008. A report on submissions is being produced and will include recommendations on any amendments. More: Click here and go to p. 1, ‘Management of Boat Maintenance and Repair Facilities in Tasmania’.

WA – Groundwater – Draft policy for managing unlicensed groundwater use published - Open for comment
The Department of Water has released for comment its draft statewide policy on Managing Unlicensed Groundwater Use, for preventing misuse of groundwater. No closing date is mentioned. More.

WA – Groundwater – Management plan for La Grange groundwater sub area allocation published – Open for comment until 12 Dec
The Department of Water has released a draft water allocation management plan for the La Grange Groundwater Subareas. It aims to protect water use in the Canning Basin aquifer. Comments close 12 December 2008. More.

News

Fines and prosecutions

Australia – Car company found guilty of ‘greenwashing’
The Federal Court has declared that a major car manufacturer contravened the Trade Practices Act 1974 by engaging in misleading conduct in its campaign which promoted the environmentally friendly nature of its vehicles. In the advertisements, the company represented that it had taken measures so that the carbon dioxide emissions from its vehicles would be neutral over the vehicle’s life. These claims were misleading.
The court ordered the company to pay the Australian Competition and Consumer Corporation's (ACCC) costs and accepted court enforceable undertakings from the company to:

refrain from republishing the advertisements

retrain all its marketing staff in relation to misleading and deceptive conduct in the context of 'green' marketing claims, and

have the training reviewed by an independent third party and have the reviewer provide a report to the ACCC about the training. More.

NSW – Water pollution costs manufacturer nearly $440,000
A building products manufacturer has been fined more than $438,000 after polluting the Parramatta River. It allowed a return line containing a flammable tile-coating liquid to drain temporarily to an unbunded tank, resulting in pollution of the river. The case illustrates the importance of bunds, ceasing operations when environmental safety cannot be assured, spill warning alarms, and for staff to know who to contact within and outside the company if an incident occurs. More.

VIC – Animal cremation company fined for dumping bodies
EPA has fined an animal cremation company $5,671 for abandoning industrial waste, after euthanised pet carcasses were found on a road reserve at Rushworth. More.

WA – Air emissions – Karratha facility ordered to clean up waste
The DEC has issued a prevention notice to a Karratha facility, after receiving numerous complaints about the release of visible abrasive waste. More.

Case briefs

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December 2008

Legislation - Upcoming changes

Bills before Parliament

Publications - Draft

News

Fines and prosecutions

Other news

Case briefs