environmental ohs legal obligations
   

February 2009
Legislation
Upcoming changes

Publications
Bills
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

Australia – Carbon pollution reduction scheme – White Paper released
The Commonwealth government released the White Paper of the Carbon Pollution Reduction Scheme on 15 December 2008. The paper outlines the final design of the scheme and the medium-term target range for reducing carbon pollution.  This paper follows from the Green Paper, released in July 2008, which canvassed options on the scheme’s design. It takes into account the outcomes of broad consultation and input from more than 1,000 submissions.  More.

Australia – Carbon offsets – National Carbon Offset Standard discussion paper released - Open for comment until 27 Feb
The Commonwealth government has committed to develop a national carbon offset standard to give consumers confidence in the integrity of carbon offset products they purchase.  The standard will:

  • provide guidance on what constitutes a genuine, additional voluntary offset credit
  • set requirements for the verification and retirement of such credits
  • provide principles for calculating the emissions of an organisation, product or service which could be offset. 

The Department of Climate Change is particularly interested in any comments on the design of the standard in the context of introducing the Carbon Pollution Reduction Scheme.  Information sessions are being held in early February in most State capital cities.  Comments close 27 February 2009. More.

Australia – Energy efficiency – Consultation documents on commercial office building energy efficiency released - Open for comment until 27 Feb
The Commonwealth government is developing a new nationally consistent mandatory disclosure scheme for commercial office building energy efficiency.  The scheme will require the energy efficiency of commercial office buildings to be disclosed at the point of sale or lease so that potential buyers and tenants can compare the energy efficiency of buildings on a 'like for like' basis.  Comments close 27 February 2009. More.

Australia – Greenhouse & energy reporting – Draft changes to NGER Regulations released - Closed for comment
Amendments to the National Greenhouse and Energy Reporting Regulations 2008 are required as a result of the passage of the National Greenhouse and Energy Reporting Amendment Act 2008, and also to make a number of minor edits and clarifications.

The proposed amendments will:

  • simplify requirements for registration applications
  • establish requirements for identity cards for government authorised officers
  • clarify information to be provided by corporations for identification purposes
  • address a number of inconsistencies in reporting requirements
  • correct formatting errors. 

Comments have closed.  More. 

Australia – Renewable energy – Exposure draft legislation released - Open for comment until 13 Feb
The Department of Climate Change has released exposure draft legislation on the design of the expanded national Renewable Energy Target scheme.  Legislation to implement the expanded national Renewable Energy Target scheme will be in place by mid 2009.  Comments close 13 February 2009. More.

NSW – Contaminated land – Amendments to reporting to commence June 2009
Changes to the obligation of landowners or polluters to report significant contamination, and the notice powers of the EPA under the Contaminated Land Amendment Act 2008, are expected to commence on 1 June 2009. They have been incorporated into EnviroLaw NSW. More.

NSW – Dangerous goods - Dangerous goods legislation replaced
The Dangerous Goods (Road and Rail Transport) Act 2008, uncommenced as at 31 December 2008, will repeal and replace the Road and Rail Transport (Dangerous Goods) Act 1997, and give effect to the 7th edition of the Australian Dangerous Goods Code. Regulations to support the 2008 Act are being prepared. More.

NSW – Radiation - Review of Radiation Control Act 1990 underway – Open for comment until 27 Feb
The Department of Environment and Climate Change (DECC) and the Radiation Advisory Council are reviewing radiation legislation. The review considers the implications of common radiation control legislation across Australia, and proposals for a system of registration with DECC/EPA of radiation apparatus, sealed source devices and premises where unsealed radioactive sources are kept or used. Comments close 27 February 2009. More.

NSW – Sun-tanning units – Changes to regulations proposed - Open for comment until 6 Feb
The Department of Climate Change is reviewing legislation for sun-tanning units. The draft Radiation Control Amendment (Sun-tanning Units) Regulation 2008 responds to increasing public concerns about the health risks associated with exposure to ultraviolet radiation from sun-tanning units. Comments close 6 February 2009. More.

NSW – Underground Petroleum Storage Systems (UPSSs) – Draft guidelines for development control plans released - Open for comment until 27 Feb
The Department of Climate Change is inviting stakeholder comment on draft Guidelines for Development Control Plans Which Include Underground Petroleum Storage Systems. Comments close 27 February 2009. More (RHS of page).

SA – Water Policy– Review discussion paper released - Open for comment until 27 Feb
The EPA has released a discussion paper which canvases possible changes to the Environment Protection (Water Quality) Policy 2003. Comments are invited on four principal questions set out in the paper.  Comments close 27 February 2009.  View discussion paper.

TAS – Dangerous substances – Draft handling regulations released - Open for comment until 28 Feb
The Dangerous Substances (Safe Handling) Regulations 2008 have been drafted to enable the commencement of the Dangerous Substances (Safe Handling) Act 2005. The draft Regulations include information on:

  • how to identify whether a facility is a dangerous substances location or a major hazard facility
  • new requirements for notification of facilities that handle dangerous substances
  • how to minimise risk associated with handling dangerous substances.

Comments close 28 February 2009.  More.

WA – Water – Draft policy on South West Agricultural Zone Wetland released - Open for comment until 27 Mar
The EPA has released a draft of the Environmental Protection (South West Agricultural Zone Wetland) Policy. Comments close 27 March 2009.  View policy.

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

Bills before Parliament

The Bills (draft Acts) listed below are being considered by Parliament. Only major environmental Bills are listed.
ACT
Dangerous Substances and Litter (Dumping) Legislation Amendment Bill 2008

NT
Geothermal Energy Bill 2008

VIC
Resource Industries Legislation Amendment Bill 2008 

Publications - Draft

Australia – CO2 capture & storage – Draft Environmental Guidelines for Carbon Dioxide Capture and Geological Storage released - Open for comment until 13 Feb
The Commonwealth government has released draft Environmental Guidelines for Carbon Dioxide Capture and Geological Storage for comment.  These Guidelines seek to provide national level consistency and certainty for stakeholders in relation to environmental assessment, monitoring and site closure of carbon capture and storage projects, and coordination of environmental regulation by jurisdictions.  Comments close 13 February 2009.  More.

NSW – Biodiversity – Discussion paper on biodiversity strategy released – Open for comment until 13 Feb
The Department of Environment and Climate Change (DECC) and the Department of Primary Industries (DPI) have released a discussion paper on a new Biodiversity Strategy. Comments close 13 February 2009. More.

QLD – Biodiversity offsets – Consultation draft policy released – Open for comment until 13 Mar
The EPA has released a draft policy on biodiversity offsets. The aim of the policy is to provide a consistent and transparent approach to the use of environmental offsets for impacts on biodiversity. Comments close 13 March 2009. More.

VIC – Biosolids – Draft GEM: Use of Biosolids as Geotechnical Fill released – Open for comment until 13 Feb
The EPA has released the draft Guideline for Environmental Management: Use of Biosolids as Geotechnical Fill.  The guidelines provide specific guidance for managing biosolids that can be reused as geotechnical fill material.  They are intended to provide an alternative option for biosolids reuse when land application is not practical.  Comments close 13 February 2009.  More.

VIC – Biosolids – Draft Industrial Water Reuse Guidelines released – Open for comment until 13 Feb
The EPA has released the draft Industrial Water Reuse Guidelines for comment.  This publication provides guidance on how to assess and manage the health and environmental risks associated with reusing industrial water.  Comments close 13 February 2009.  More.

WA – Waste – Draft guidelines for construction and demolition waste recycling facilities released – Open for comment until 18 Feb
The DEC has released draft guidelines for construction and demolition waste recycling facilities. Comments close 18 February 2009. More.

WA – Waste – Draft guidelines for organic waste recycling facilities released – Open for comment until 18 Feb
The DEC has released a draft guideline for organic waste recycling facilities. Comments close 18 February 2009. More.

Pub_Draft

News

Fines and prosecutions

 

Australia – Green marketing – Court declares biodegradability claims false
The Federal Court of Australia has declared that claims that an Australian-developed nappy was ‘100% biodegradable’ were false and misleading, after Australian Competition and Consumer Commission (ACCC) legal action.  The Federal Court declared that the biodegradability claims were false and misleading because the product contained plastic components that can not be broken down by living organisms. 

The Court:

  • imposed injunctions preventing the company from engaging in similar conduct in the future
  • ordered that the company publish a corrective advertisement on its website
  • ordered the company to establish a trade practices compliance program
  • ordered that the company pay the ACCC's costs.

Related proceedings against the former director of the company, for allegedly being knowingly concerned in or party to the contravening conduct, are continuing.  More.

NSW – Storage of acid in unbunded tank leads to $128,000 in costs
A company has been fined $100,000 plus $28,000 costs for polluting a stormwater easement - sulphuric acid was stored in an unbunded tank.  More.

VIC – $510,000 costs for oil company convicted of environmental hazard
An oil refining company has been found guilty of causing an environmental hazard after a leak of unleaded petrol from an underground pipeline in Newport.  The company was ordered to pay $350,000 to fund environmental projects and $160,000 in EPA costs. More.

VIC – Waste company found guilty of EPA licence breach; $125,000 costs
A Tullamarine landfill operator has been convicted for breaching its EPA landfill licence.  The breach related to stockpiled waste located above the pre-settlement final contour plan for the premises. The company was ordered to pay $75,000 to a community environmental project and nearly $51,000 in EPA costs. More.

VIC – Meat processing company found guilty of pollution; director charged
A Brooklyn meat processing company has been found guilty of:

  • polluting Stony Creek with animal effluent via discharges into a stormwater drain
  • failing to comply with two EPA directions to prevent such discharges
  • placing waste where it could gain access to waters. 

The company was ordered to pay $200,000 to fund three community environmental projects  and $30,000 in EPA costs.  A company director has also been charged in relation to the same incidents.  More.

VIC – Waste company fined for industrial waste discharge
The EPA has fined a Dandenong South waste company $11,012 after 45,000 litres of industrial wastewater was discharged into a stormwater drain. More.

VIC – EPA fines many companies for environmental breaches
The EPA has issued fines of $5,671 to the following for environmental breaches:

  • a Benambra logging company for burying oil on the company’s property. More.
  • a Maryborough company for dumping waste from their blood processing plant on a farm outside Maryborough.  More.
  • a road construction company for discharging turbid water from the Calder Freeway construction site at Harcourt.  More.
  • a rural water authority for discharging activated carbon and sediment into Wodonga’s Jack in the Box and Wodonga Creeks.  More.
  • a Campbellfield door manufacturer for discharging wastewater containing PVA glue into a stormwater drain which feeds into Merri Creek.  More.
  • a Brunswick dairy foods company for a dairy cream leak of approximately 500 litres from a delivery vehicle into a stormwater drain which entered the Merri Creek.  More.
  • a Numurkah-based oilseed producer for offensive odours from its vegetable oil production facility which affected the local community.  More.

VIC – Oil manufacturer fined for oil spill
The EPA has fined a Bayswater oil manufacturer $5,630 after a 4,000 litre spill of lubrication oil at its facility impacted an adjacent property and the nearby Old Joe’s Creek.  More.

Other news

Australia – Dangerous goods – New ADG Code now in force
The 7th edition of the Australian Dangerous Goods Code now applies. Uniform provisions apply to road and rail transport. Consignors are responsible for preventing the transport of goods too dangerous to be transported. Changes have been made to certain placard load and licensing provisions. Compliance with the 6th edition of the Code will be sufficient during 2009. More. 

WA – Mining and petroleum – Department of Mines and Petroleum now operating
The Department of Mines and Petroleum began operating on January 1 2009. The department is a combination of the previous Department of Industry & Resources and DOCEP’s Resource Safety. Go to website.

WA – Natural resources – Review of natural resources management underway – Open for comment until 6 Feb
The WA government has announced a review of the delivery of the Natural Resources Management program, Caring for our Country. Comments close 6 February 2009. More.

NZ – Endosulfan approvals revoked
The Environmental Risk Management Authority has revoked the approvals for the insecticide endosulfan and prohibited its importation, manufacture and use in New Zealand. The Authority's decision will come into effect on 16 January 2009. The Authority has also specified requirements for safe disposal of the chemical within 12 months. More.

NZ – Bay of Plenty RC – Regional Policy Statement under review - Closed for comment
The Bay of Plenty Regional Council has invited input into the next Regional Policy Statement.  Comments have closed.  More.

NZ – Comments invited on regulations that should be scrapped or modified
The Minister for Regulatory Reform, Rodney Hide, is appealing for ideas from the public on regulations that should be scrapped or modified. 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' case studies - click here, go to Insights/Updates, then to Environmental case briefs.

 
 

 
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.