environmental ohs legal obligations
   

Oct 2009

 
Legislation
Upcoming changes

Bills
Publications
News
Fines/prosecutions
 Other news

Case briefs

 
Archive

 
 

This environmental bulletin provides information about selected 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. It is published every two months - it is therefore recommended that you do not rely solely on it for upcoming information.  Exclusions.

Legislation - Upcoming changes

Australia – Greenhouse reporting – Draft amendment regulations and audit determination released – Closed for comment
The draft National Greenhouse and Energy Reporting Amendment Regulations 2009 and the draft National Greenhouse and Energy Reporting (Audit) Determination 2009 have been released for public comment.

The draft Amendment Regulations outline the requirements to be a registered greenhouse and energy auditor, and make minor changes to reflect the recently updated National Greenhouse and Energy Reporting (Measurement) Determination 2008.

The draft Audit Determination covers auditor obligations when conducting and reporting on greenhouse and energy audits. More.

Australia – Indigenous heritage – Submissions invited on changes to indigenous heritage protection laws – Open for comment until 6 Nov
The Minister for the Environment, Heritage and the Arts has invited written submissions on proposed changes to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. The government aims to improve Indigenous heritage protection laws nationally.  A discussion paper has been released. More.

Australia – Radioactive waste – Draft recommendations for classifying radioactive waste released – Closed for comment
ARPANSA is inviting submissions on the Draft Recommendations for Classification of Radioactive Waste. The purpose of these Recommendations is to set out a general scheme for classifying radioactive waste, based mainly on long term safety and disposal of the waste. More.

NT – Bushfires – New bushfire offence proposed
The NT government is proposing to amend the Criminal Code to create a new bushfires offence. The maximum penalty will reflect the seriousness of creating a bushfire risk, which may lead to catastrophic damage to life, property, or the environment. View bill.

QLD – Water - Regulations proposed to improve Great Barrier Reef water quality
The Queensland government has proposed regulations to improve the quality of water entering the Great Barrier Reef. The Great Barrier Reef Amendment Bill 2009 targets sugarcane growing and cattle grazing properties in the Burdekin Dry Tropics, Wet Tropics and Mackay Whitsundays catchments in north Queensland. More.

SA – Waste - Draft Guideline for Solid Waste 2009 released – Open for comment until 29 Oct
The Draft Guideline for Solid Waste: Criteria for assessment, classification and disposal of waste has been released. It clarifies the requirements for assessment, clarification and disposal of solid waste to landfill in South Australia. It also provides guidance on waste testing and treatment.  The guideline aims to inform industry and the broader community of their requirements and responsibilities for ensuring that disposal of waste to landfill is done in an appropriate manner, in accordance with the level of risk posed to the environment. More.

TAS – Biosecurity – Draft Import Requirement released – Open for comment until 19 Oct
A draft Import Requirement (IR 37) has been prepared, which relates to the existing conditions and restriction on importing seeds for sowing.  The draft is open for comment until 19 October 2009.  More.

TAS – Underground petroleum storage systems – Proposed Regulations released – Closed for comment
The Proposed Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2009 and Regulatory Impact Statement are now available for public comment. This follows industry consultation and the release of an Issues and Options Paper in May.  The regulations and statement address the management of environmental impacts of underground petroleum storage systems.  Comments have closed.  More.

VIC – Greenhouse gas storage– Draft Regulations released – Open for comment until 2 Oct
Comments on the draft Greenhouse Gas Geological Sequestration Regulations 2009 can now be made. The regulations:

  • address key elements of the Greenhouse Gas Geological Sequestration Act 2008
  • aim to provide commercial certainty and a workable framework to facilitate large-scale, commercial exploration and development of greenhouse gas sequestration operations in Victoria
  • aim to help eliminate or minimise the environmental, health and safety hazards and risks associated with greenhouse gas sequestration operations
  • prescribe various matters authorised by the Act. More. 

VIC – Public health – Draft Public Health and Wellbeing Regulations 2009 released – Open for comment until 16 Oct
The Public Health and Wellbeing Act 2008 takes effect on 1 January 2010.  The new Act is a key piece of legislation designed to protect the health of the population and will replace the previous Health Act 1958. Comments and submissions are now invited on the proposed Public Health and Wellbeing Regulations 2009.  The draft regulations are proposed to replace ten sets of regulations and support the new Act. More. 

NZ – Hazardous materials – Methyl Bromide to be reassessed – Open for submissions in late 2009
ERMA will be reassessing the fumigant methyl bromide, to determine if its use can be continued in New Zealand, and if so, the conditions of its use. Submissions on the process are expected to be invited in late 2009.  More.

NZ – West Coast Regional Council – Proposed variation to Land and Riverbed Management Plan released – Closed for comment
West Coast Regional Council has prepared a variation to the Land and Riverbed Management Plan, which will add four new significant wetland areas to the region.   Comments have closed.  More.

NZ – Far North District Council – Proposed District Plan Change 1 released – Closed for comment
Far North District Council has prepared a change to its District Plan, which will provide policy and regulation on renewable energy and energy efficiency.  Comments have closed. More.

NZ – Whangarei District Council – Proposed District Plan Change 77 released – Closed for comment
Whangarei District Council has prepared a change to its District Plan, to reflect a change to the definition of factory farming. Comments have closed.  More.

 

Bills before Parliament

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

VIC
Victorian Renewable Energy Amendment Bill 2009

Publications - Draft

ACT – Land contamination - Draft Contaminated Sites Environment Protection Policy released - Open for comment until 9 Oct
The ACT government has released the Draft Contaminated Sites Environment Protection Policy. Comments close 9 October 2009. View policy.

QLD – Land – Draft Queensland Coastal Plan released - Open for comment until 31 Oct 
The Queensland government has released a Consultation Draft of the Queensland Coastal Plan. The plan includes strategies to address coastal hazards such as erosion and sea-level rise, and manage population and development pressures. Comments close 31 October 2009. More.

WA – Water – Draft Arrowsmith groundwater area allocation plan released – Open for comment until 30 Oct
The Department of Water has released a draft groundwater allocation plan for Arrowsmith. Comments close 30 October 2009. More.

Pub_Draft

News

Fines and prosecutions

 

SA – Company fined for habitat clearance
A company has been fined $220,000 under the Environment Protection and Biodiversity Conservation Act 1999, with an additional $22,500 in costs, for clearing trees at a South Australian property. They were likely nesting habitat for the endangered south-eastern red-tailed black cockatoo. More.

TAS - $7,500 fine for oil pollution
A shipping firm has been fined $7,500 for discharging an oily mixture into the Port of Burnie. More.

VIC – Rail company to pay $190K for habitat clearance
A state rail corporation will pay more than $188,000 towards training and environmental projects under an enforceable undertaking. It cleared vegetation that affected the population of a listed critically endangered species (spiny rice-flower plants) near Mitiamo. More.

VIC – Abattoir director fined for potential creek pollution
A former company director of a Brooklyn abattoir and meat processing company has been fined $20,000 and ordered to pay EPA Victoria’s costs of $60,000 for leaving waste water containing animal effluent where it could have drained into, and polluted, Stony Creek.  The company previously pleaded guilty to the same charge plus two other charges, and was ordered to pay for environmental projects worth $200,000 and EPA costs of $30,000. More.

VIC – Stockfeed company fined for stormwater pollution
A Colbinabbin stockfeed company has been fined $5,671 after EPA officers found a waste watery molasses mix in a stormwater drain in Trafalgar. More.

VIC – Noisy dogs leads to kennel fine
A Warragul boarding kennel has been fined $5,671 for failing to address the issue of noisy dogs. More.

VIC – Concrete company fined for stormwater pollution
A Ballarat concrete company has been fined $5,671 for allowing washwaters to enter the stormwater system.   The company has also been required to do a site environmental audit. More.

Other news

Australia - Renewable energy - Ratification of IRENA proposed - Open for comment until 13 Oct
The Commonwealth government wishes to ratify the International Renewable Energy Agency Treaty (IRENA).  Comments are invited and close on 13 October 2009.  More.

NSW – Land - Review of Native Vegetation Act 2003 underway
The Native Vegetation Act 2003, which regulates land clearing in non-urban areas, is under review. More.

NSW – Land and wildlife - Amendments to National Parks and Wildlife Act proposed
The Department of Environment, Climate Change and Water is proposing changes to the National Parks and Wildlife Act. More.

TAS – Environmental policy update released
The Environment Division has published a newsletter summarising activities relating to policy development and implementation. It includes water quality, air, noise, waste and contaminated sites policies, national environmental policy initiatives and EMPCA amendments. More.

TAS – General – Planning Commission now in place
From September 1 2009, the Tasmanian Planning Commission assumed the functions of the former Resource Planning and Development Commission and the Land Use Planning Branch of the Department of Justice. This was declared in the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009.  The Commission is now responsible for the planning system, state of the environment reporting, assessment of public land use issues and projects of State significance. It also reviews water management plans.  More.

WA – Water – Water sprinkler ban to become permanent
The Water Corporation has announced that the trial ban on water sprinklers will become permanent as of winter 2010. More.

Case briefs

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

NSW – Air - Video evidence of vehicle smoke sufficient for prosecutions
The EPA has successfully used video footage of smoky vehicles to prosecute a company operating a fleet of old prime movers.  They are thought to be the first prosecutions in the court under the EPA’s M5E video monitoring regime. Vehicle owners commit an offence if they allow vehicles to emit smoke for more than 10 seconds. View judgement.

 
   

 
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.