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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 – Biodiversity – Review of EPBC Act presented
The final report for the independent review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been presented to the Minister for the Environment, Heritage and the Arts, following a 12 month consultation process. The Minister must table the report in Parliament within 15 sitting days of receipt. More.
Australia – Climate change – Draft Carbon Pollution Reduction Scheme Regulations released – Closed for comment
The draft Carbon Pollution Reduction Scheme Regulations have been released. They build on parts of the Carbon Pollution Reduction Scheme Bill relating to the transfer of emissions units and the operation of the Australian National Registry of Emissions Units. More.
Australia – Product stewardship – Decision RIS on TV’s and computers released
The Decision Regulatory Impact Statement on Televisions and Computers sets out a recommended approach to address end-of-life televisions and computers. Under the proposed product stewardship scheme, manufacturers and importers will be responsible for recycling all products they sell in Australia. Public consultation will be held during 2010. More.
Australia – Waste – Review of Controlled Waste NEPM underway – Closed for comment
The Movement of Controlled Waste National Environment Protection Measure (NEPM) is currently under review. The review will consider the:
- effectiveness of the NEPM in achieving the national environment protection goal
- resources available for implementing the NEPM
- need, if any, for amending the NEPM.
A Discussion Paper has been developed to assist identification and discussion of key issues. Following analysis of comments received, recommendations will be made to the National Environment Protection Council in April 2010. More.
Australia – Waste – National Waste Policy finalised
The National Waste Policy has been finalised, following the release of a discussion paper and a subsequent consultation program earlier in 2009. The policy sets a clear direction for Australia for the next 10 years and will update and integrate Australia’s policy and regulatory framework. The Environment Protection and Heritage Council endorsed the policy on 5 November 2009. More.
Australia – Wind farms – Best practice guide for wind farms released for comment – Open for comment until 16 Dec
The draft National Wind Farm Development Guidelines have been released for public consultation. The guidelines were developed in response to the Report on Environmentally and Socially Responsible Wind Farm Development, which identified the need for a national framework to provide consistency and transparency in wind farm developments. These guidelines are intended to:
- complement existing regulatory arrangements
- improve consistency and transparency in wind farm planning, assessment and approval
- assist communities, developers and governments in promoting community consultation.
The final draft of the guidelines will be considered by the Environment Protection and Heritage Standing Committee in April 2010 and then by the Environment Protection and Heritage Council. Comments close 16 December 2009. More.
QLD – Environmental approvals – Offset conditions to be introduced
The Queensland Government has proposed changes to the Environmental Protection Act 1994, Fisheries Act 1994, Nature Conservation Act 1992 and Sustainable Planning Act 2009. The changes allow for environmental offset conditions to be included in environmental approvals if the administering authority is satisfied that all cost-effective on-site mitigation measures have been, or will be, undertaken. View Environmental Protection and Other Acts Amendment Bill 2009.
SA – Licensing – Licence fee structure being reviewed – Open for comment until 15 Dec
The SA EPA is inviting industry to complete an online survey of the new Licence Fee Structure (LFS). The objectives of the survey are to:
- enable stakeholders to provide feedback about the LFS
- determine possible refinements to the LFS while maintaining the user pays and polluter pays principles.
Comments close 15 December 2009. More.
TAS – Fauna permits – Comments invited on taking of wildlife – Closing date depends on species
The public has been invited to make comments on all new applications to take wildlife for scientific purposes. Current research applications involve birds, skinks and invertebrates. Comments on the relevance of the research, ecological sustainability and research methods are welcome. More.
NZ – Fumigants - Recommendations on methyl bromide reassessment published - Open for comment until 26 Feb
ERMA has completed its reassessment of the fumigant methyl bromide and has published preliminary recommendations. Comments are now invited. A final decision will be made in mid-late 2010. Comments close 26 February 2010. More.
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Bills before Parliament
The Bills (draft Acts) listed below are being considered by Parliament. Only major environmental Bills are listed.
QLD
Environmental Protection and Other Acts Amendment Bill 2009
TAS
Living Marine Resources Management Amendment Bill 2008
WA
Bush Fires Amendment Bill 2009
Waste Avoidance and Resource Recovery Amendment Bill 2009
NZ
Biosecurity and Hazardous Substances and New Organisms Legislation Amendment Bill 2008
Climate Change Response (Emissions Trading Forestry Sector) Amendment Bill 2009
Energy Efficiency and Conservation Amendment Bill 2008
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Publications - Draft
NSW – Flood and coastal hazard assessment - Draft Guidelines now include sea level rise – Open for comment until 11 Dec
The Department of Environment, Climate Change and Water has released draft guidelines on incorporating sea level rise into flood risk and coastal hazard assessment, for consultation. Comments close 11 December 2009. More.
QLD – Coastal – Draft Queensland Coastal Plan released – Comment extended until 30 Nov
Consultation on the Draft Queensland Coastal Plan, which addresses the management and protection of Queensland’s coastline, has been extended. The Plan aims to give greater certainty about dealing with coastal hazards, such as erosion and sea-level rise, and managing the pressures of population and development. Comments close 30 November 2009. More.
QLD – Conservation – Marine mammal conservation plans under review - Closed for comment
Queensland’s Whale and Dolphin Conservation Plan and Dugong Conservation Plan are being reviewed. A key part of the review is to obtain ideas on how to better protect and conserve our marine mammals. A discussion paper has been released. Comments have closed. More.
QLD – Heritage – Recommendations from review of indigenous cultural heritage acts released – Open for comment until 30 Nov
Recommendations from a DERM review of the performance of the Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural Heritage Act 2003 (Qld) have been released for public comment. Recommendations address issues raised in submissions. Comments close 30 November 2009. More.
QLD – Urban stormwater – Best practice guidelines released – Open for comment until 30 Nov
Feedback is invited on the Draft Urban Stormwater - Queensland Best Practice Environmental Management (BPEM) Guidelines 2009. The guidelines will help developers, catchment managers and government decision makers to better manage urban stormwater and protect waterways. Comments close 30 November 2009. More.
QLD – Water – Draft State Planning Policy for Healthy Waters released – Open for comment until 30 Nov
Submissions are invited on the draft State Planning Policy for Healthy Waters. The Policy is designed to ensure that development for urban purposes, including community infrastructure, is planned, designed, constructed, and operated to manage stormwater and waste water in ways that protect the environmental values prescribed in the Environmental Protection (Water) Policy 2009. More.
WA – Water – Managed aquifer recharge draft policy released – Open for comment until 11 Dec
The Department of Water has released the draft strategic policy for Managed Aquifer Recharge in Western Australia. Comments close 11 December 2009. More.
WA – Water – Draft Jurien groundwater area allocation plan released - Open for comment until 18 Dec
The Department of Water has released the Draft Jurien Groundwater Allocation Plan. Comments close 18 December 2009. More.
WA – Water – Draft Gingin surface water allocation plan released - Open for comment until 22 Dec
The Department of Water has released the Draft Gingin Surface Water Allocation Plan. Comments close 22 December 2009. More.
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News
Fines and prosecutions
NSW – Ignorance no excuse for illegal removal of native vegetation
A contractor has been fined $135,000 plus costs, and ordered to undertake 200 hours of community service, after he removed more than 1,000 trees from threatened species. The owner of a large residential development engaged the contractor to poison camphor laurel and privet. Instead, the contractor removed 1,279 trees as part of land clearing intended to make the land better suited for cattle grazing. The community service requirement includes doing restoration works on community land. More.
VIC – Transporter fined for tyre stockpile
A director of a Melton transport company has been convicted and fined $5,500, plus court costs of nearly $10,000, after causing an environmental and extreme fire hazard and breaching a pollution abatement notice. Half a million tyres were stockpiled at a Brooklyn site. More.
VIC – Dangerous goods company to pay $160K for fire
A dangerous goods warehouse and distribution company has been convicted for polluting the atmosphere, and ordered to pay $160,000 towards environmental projects, after a chemical fire in Footscray. The fire caused a major pollution incident, releasing significant quantities of chlorine gas into the atmosphere and threatening the health and wellbeing of local residents. More.
VIC – Tallow and fruit processing companies fined for odours
A Brooklyn tallow company has been fined $5,841 for discharging offensive odours beyond its boundaries. More. A Kyabram fruit processing factory has also been fined $5,841 for discharging offensive odours from its effluent treatment pond. More.
VIC – $690,000 costs to council for clearing habitat
A Victorian Council must pay $250,000 for conservation and recovery of affected species to the Victorian Department of Sustainability and Environment, as part of an enforceable undertaking made under the Environment Protection and Biodiversity Conservation Act 1999. The council cleared important habitat during roadworks near Cressy, with no federal government approval. The clearing affected more than four hectares of important habitat for the critically endangered spiny rice flower and vulnerable striped legless lizard. The enforceable undertaking also requires the council to remediate the affected area at a cost of $180,000 and carry out training and awareness about nationally threatened species, costed at $260,000. More.
NZ – Company and Director fined for illegal timber milling
A company and its Director have been fined $12,000, under the Forests Act 1949 and the Forestry (Indigenous Timber Milling) Regulations 1993, for illegally milling native timber. The timber was not harvested in accordance with an approved Annual Logging Plan. More.
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Other news
WA – EPA – EPA given more control over its functions
The EPA is being given more resources and responsibility for its own resources. This includes the creation of the Office of Environmental Protection, by December 2009. The Office will be responsible for parts of the Environment Protection Act. More.
NZ – Endosulfan disposal deadline looming
Approval for endosulfan was revoked on 16 January 2009. All stocks of the insecticide must be safely disposed of by 17 January 2010. More.
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Case
briefs
This section includes a link to case briefs, from time to time.
No case briefs this bulletin.
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