environmental ohs legal obligations
   

April 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 – Exposure draft legislation released - Open for comment until 14 Apr
The exposure draft of the Carbon Pollution Reduction Scheme legislation was released on 10 March 2009. The draft legislation follows on from the July 2008 Green Paper which canvassed options for the design of the Scheme, and the December 2008 White Paper, which outlined the Government’s policy position on the Scheme's design.  Comments close 14 April 2009.  More.

NSW – Chemicals - Pesticides Regulation being remade
The Pesticides Regulation 1995 is being replaced. No substantive changes are proposed. The regulations impose training and record keeping requirements for the use of pesticides other than in the home. More

VIC – Waste – Draft prescribed waste regulations released - Open for comment until 3 Apr
The draft Environment Protection (Industrial Waste Resource) Regulations 2009 and accompanying Regulatory Impact Statement have been released for review and public comment.  These Regulations aim to provide practical assistance to industry in avoiding waste generation and maximising rates of waste reuse and recycling. These Regulations will also form the basis of hazardous waste management in Victoria.

When the new Regulations are finalised, they will take effect from July 2009, replacing the existing Environment Protection (Prescribed Waste) Regulations 1998, and the Industrial Waste Management Policy (Prescribed Industrial Waste) 2000.  Comments close 3 April 2009. More.

NZ – Explosives – Review of explosives possession underway – Closed for comment
The Environmental Risk Management Authority (ERMA) is proposing that persons who handle and possess explosives will require a controlled substances licence. Submissions closed on 17 March 2009. More.

NZ – Hazardous materials – Use of methylarsinic acid herbicide and azinphos methyl insecticide under review – Open for comment until 15 May
ERMA is seeking submissions on the use of methylarsinic acid herbicide and azinphos methyl insecticide, as part of the five year review on hazardous substances. Submissions close 15 May 2009. More.

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

NZ – Auckland RC – Regional Parks Management Plan under review – Open for comment 13 April
The Auckland Regional council is reviewing the Regional Parks Management Plan and is requesting submissions. Comments close 13 April 2009. More.

NZ – Taranaki RC – Proposed Regional Air Quality Plan released – Open for comment until 8 May
The Taranaki Regional Council has released its Proposed Regional Air Quality Plan for public comment. Comments close 8 May 2009. More.

 

Bills before Parliament

The Bills (draft Acts) listed below are being considered by Parliament. Only major environmental Bills are listed.

Australia
National Greenhouse and Energy Reporting Amendment Bill 2009

VIC
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009

WA
Natural Gas Access Bill 2009

NZ
Resource Management (Simplifying and Streamlining) Amendment Bill

Publications - Draft

NSW – Sea level rise - Policy statement released – Open for comment until 3 Apr
A draft Policy Statement on planning for sea level rises has been released.  It includes sea level planning benchmarks to aid land-use planning and coastal investment decision making. The adopted benchmarks are for a rise relative to 1990 mean sea levels of 40 cm by 2050 and 90 cm by 2100.  Comments close on 3 April 2009.  More.

WA – Mining – Draft Pilbara water guidelines released – Open for comment until 29 May
The Department of Water has released a draft guideline for mining operators in the Pilbara region to help them meet regulatory requirements. Comments close 29 May 2009. More

WA – Water – Draft water quality plan for Vasse Wonerup Wetlands and Geographe Bay – Open for comment until 3 April
The Department of Water has released a draft water quality improvement plan for Vasse Wonerup Wetlands and Geographe Bay. Comments close 3 April 2009. More.

WA – Water – Draft policy on South West Agricultural Zone Wetland released - Closed for comment

The EPA has released a draft of the Environmental Protection (South West Agricultural Zone Wetland) Policy. Comments closed 27 March 2009.  View policy.

NZ – Water – National policy statement released – Open for comment until 10 April

The Ministry for the Environment has invited further submissions to the Board of Inquiry regarding the National Policy Statement for Freshwater Management. Comments close 10 April 2009. More.

Pub_Draft

News

Fines and prosecutions

 

NSW - EMSs need more than alarms and monitors
Two recent NSW prosecutions have highlighted the need for common sense pollution prevention measures, regardless of the presence or reliability of alarms and monitors. 

In one case, oil used for heat transfer escaped through an oil trap pit and into the stormwater system.  The pit needed water in it to work, but it was dry when an incident occurred. An alarm alerted the company to a problem, but the cause of the alarm was misunderstood, and the company restarted the system. The company was ordered to pay a fine and costs exceeding $70,000. More.

The other case concerned the failure of a monitor, leading to pollution of stormwater . While the failure of the monitor was not readily foreseeable, it was foreseeable (even though the company had not identified the risk) that overflows could occur in a system based on periodic feeding of a batching tank from a storage tank, where bunding was inadequate.  The company was ordered to pay a fine and costs exceeding $80,000. More.

TAS – Dairy company fined for effluent leak
A dairy company has been convicted and fined $7,000 plus court costs and $1,042 in EPA costs after allowing dairy effluent from a farm to pollute a Smithton waterway. More.

VIC – Oil company nearly $130,000 poorer after petrol leak

A Newport oil storage terminal has been convicted of permitting an environmental hazard, after 2,000 L of petrol entered the Yarra River via a stormwater system.  The company was fined $20,000, ordered to pay $80,000 to fund an energy efficiency project, and also ordered to pay the EPA’s costs of $27,580. More.

 

Other news

NSW – Solar electricity – Feed-in Tariffs proposed
The NSW government is proposing a Feed-in Tariff (FiT) scheme for small scale, grid connected, solar photovoltaic (PV) panels.  It would provide payments for electricity produced by small scale distributed sources like rooftop PV panels. More.

Such a scheme already exists in ACT, for domestic and commercial PV panels up to 30kW capacity. More.

NZ – Water – Contestable planning fund applications invited – Open until 24 Apr

The contestable aquaculture planning fund is now open to regional and unitary authorities to assist sustainable aquaculture in the region.  Applications close 24 April 2009. More.

NZ – Taranaki RC – Draft 10 year regional transport programme released – Open for comment until 17 Apr
The Taranaki Regional Council has released the 10 year Draft Regional Land Transport Programme 2009/2019 for public comment. Comments close 17 April 2009. More.

NZ – Taranaki RC – Draft long term council community plan released – Open for comment until 17 Apr
The Taranaki Regional Council has released the Draft Long-Term Council Community Plan 2009/2019 for public comment. Comments close 17 April 2009. More.

NZ – West Coast RC – Draft land transport programme under review – Open for comment until 14 Apr

The West Coast Regional Council has released the draft Regional Land Transport Programme 2009/12 (RLTP) for public comment. Comments close 14 April 2009. 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. (No new case studies have been published since the February bulletin was issued).

 

   

 


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.