environmental ohs legal obligations
   

June 2009
Legislation
Upcoming changes

Bills
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

Australia – Carbon Pollution Reduction Scheme (CPRS) – Legislative package introduced
In May, the Commonwealth Government introduced the following Bills to Parliament:

  • Carbon Pollution Reduction Scheme Bill 2009 

  • Australian Climate Change Regulatory Authority Bill 2009 

  • Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 

  • Carbon Pollution Reduction Scheme (Charges — General) Bill 

  • Carbon Pollution Reduction Scheme (Charges — Excise) Bill 

  • Carbon Pollution Reduction Scheme (Charges — Customs) Bill 

  • Customs Tariff Amendment (Carbon Pollution Reduction Scheme) Bill 2009

  • Excise Tariff Amendment (Carbon Pollution Reduction Scheme) Bill 2009

  • Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2009

  • Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009

The introduction of these Bills follows the release of a Green Paper in July 2008, a White Paper in December 2008, and the exposure draft legislation in March 2009. 

New measures for the CPRS announced in May 2009 include:

  • a July 2011 start date for the CPRS

  • a fixed price for carbon permits for the first year

  • a target of 25 per cent reduction of 2000 levels by 2020 if the world agrees to stabilise levels of CO2-equivalent in the atmosphere at 450 ppm or less by 2050.  More.

Australia – Greenhouse and energy reporting – National Greenhouse and Energy Reporting (Measurement) Determination 2008 under review – Closed for comment
The National Greenhouse and Energy Reporting (Measurement) Determination 2008 is being reviewed with the intention of elaborating and refining the instrument.  Amendments to the Determination have been drafted to:

  • update particular elements

  • elaborate the methods specified for the solid waste emission source

  • respond to feedback

  • include experience gained in the first year of implementation.

The amendments will be applicable for the 2009-10 reporting year.  Comments have closed.  More.

ACT – Hot water systems - Energy-efficient hot water systems legislation to start
It is proposed that, from 1 July 2009, domestic hot water systems installed in new ACT houses and townhouses must be energy efficient.  The legislation will apply to replacement hot water systems in existing houses and townhouses from 1 January 2010. More.

NSW - Heritage - Changes to Heritage Act proposed
The NSW Government has proposed changes to the Heritage Act 1977.  The changes would require local councils to consult with owners before listing heritage items, introduce a right to request review by an independent panel in the event of disagreement about listing, and allow for non-heritage issues to be considered when deciding on a listing or de-listing.  Other changes are also proposed.  More.  

NSW – Marine parks – Regulations being revised
The Marine Parks Regulation 1999 is being remade. It will include zoning provisions. More.

TAS – Noise - Noise regulations under review – Closed for comment
The Tasmanian Government is proposing to update and improve regulations covering chainsaw use, noise measurement and hours of use of certain items.  New regulations are also proposed for vehicle security and intruder alarm systems. More.

NZ - Gisborne DC - Regional Pest Management Strategy released - Closed for comment
Gisborne District Council has prepared a Regional Pest Management Strategy for public comment.  Comments closed 3 June 2009.  More.  

 

Bills before Parliament

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

Australia
Carbon Pollution Reduction Scheme Bill 2009
Environment Protection (Beverage Container Deposit and Recovery Scheme) Bill 2009
National Greenhouse and Energy Reporting Amendment Bill 2009
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

ACT
Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009

NSW
Heritage Amendment Bill 2009

Publications - Draft

Australia – Waste – National Waste Policy consultation paper released – Closed for comment
The Department of the Environment, Water, Heritage and the Arts has released a consultation paper on waste, A National Waste Policy: Managing Waste to 2020. Stakeholders were invited to contribute their ideas, insights, views and knowledge to help shape the development of a national waste policy.  Comments have closed.  More.

NSW – Contaminated land – Draft guidelines on reporting obligations released - Closed for comment
The Department of Environment and Climate Change (DECC) has published draft guidelines on who must report land contamination to the DECC/EPA, and in what circumstances.  Comments have closed.  More.

NSW – UPSS – Draft guidelines for local councils released - Closed for comment
The Department of Environment and Climate Change (DECC) has published draft guidelines to help local councils comply with the new underground petroleum storage systems (UPSS) regulations.  The guidelines apply to development control plans that include UPSS provisions.  Comments have closed.  More.


SA - Biosolids - Draft guidelines for safe handling and reuse of biosolids released - Open for comment until 18 Jun
The EPA has reviewed and updated the South Australian Biosolids Guidelines for the Safe Handling and Reuse of Biosolids.  The draft document is now open for comment. Comments close 18 June 2009.  More.

SA - Waste – Draft Protocol for Waste Derived Soil Enhancer released – Open for comment until 11 Jun
The EPA is developing guidelines on waste reuse options that include information on the:

  • minimum standards for the waste-derived product to be suitable for reuse in each area
  • criteria guiding the EPA’s consideration of the appropriateness and approval requirements in each area.

Consultation on the Protocol for Waste Derived Soil Enhancer is currently underway. Comments close 11 June 2009.  More.

WA – Cane toads – Draft Cane Toad Strategy released – Open for comment until 25 Jun
The DEC has released its draft 10 year strategy for managing cane toads. Comments close 25 June 2009. More.

WA – Conservation – Kimberley Science and Conservation Strategy in development – Closed for comment
The DEC is developing a Science and Conservation Strategy for the Kimberley. The aim of the strategy is to protect the region's natural and cultural heritage, while allowing economic development. Submissions have closed. More.

WA – Waste – Draft position statement for recycling organics released – Open for comment until 30 Jun
The Waste Authority has released a draft position statement for the recycling of organic matter. Comments close 30 June 2009. More.

WA – Water – Draft drinking water protection plans released – Open for comment until early Jun
The Department of Water has released a number of drinking water source protection plans. A number of these plans are open for public comment until early June. More.

Pub_Draft

News

Fines and prosecutions

 

NSW – Summary of "polluter pays" principle published
The Chief Justice of the Land and Environment Court has published a paper which summarises evolving attitudes to implementing the “polluter pays” principle. It includes reference to sentencing, penalties and orders from recent court cases involving environmental breaches.  View paper. 

VIC – Marine terminal operator fined after chemical discharge
A Port of Melbourne marine terminal operator has been convicted for polluting the atmosphere. Approximately 1080 kg of ethyl acrylate was discharged onto the ground while a container ship was being unloaded.  The odours from the spill affected dock workers, emergency response officers and members of the public.  The company was ordered to pay $80,000 towards the construction of a community garden at Docklands, and EPA’s costs of $10,000. More.

VIC – Earth moving company fined for dumping acid sulfate soil
A large earth moving company has been fined $5,671 for dumping almost 1500 cubic metres of acid sulfate soil at a “clean fill” site in St Albans. More.

Other news

NSW – UPSS – Guidelines on Underground Petroleum Storage Systems regulations released
The Department of Environment and Climate Change (DECC) has published a guide to the UPSS regulations introduced in 2008.  A leak notification form is also available.  More.

QLD – Biodiversity - Moratorium on clearing of high-value regrowth announced
On 7 April 2009, the Queensland Government announced a three-month moratorium on clearing high-value regrowth vegetation. During the moratorium, the Government will consult with stakeholders with a view to improving clearing laws to protect this vegetation. More.

NZ - Greater Wellington RC - Pest Management Strategy adopted
A Pest Management Strategy has been adopted for the Regional Plan. More.

NZ - Palmerston North CC - Plan Change 44 (Rezoning of Land) now operative
Plan Change 44 (Rezoning of Land) to the District Plan became operative on 24 April. More.

NZ - South Waikato DC - Plan Change 18 (Rural Residential Zone) now operative
Plan Change 18 (Rural Residential Zone) to the District Plan became operative on 30 April. More.

Case briefs

This section includes a link to case briefs, from time to time.

No case briefs this issue.

 
   

 
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.