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 – Biodiversity - Environment Protection and Biodiversity Conservation (EPBC) Act review released
The review of the EPBC Act – “The Australian Environment Act: Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999” – was presented to Parliament on December 20 2009.

The report proposes an integrated reform plan revolving around a number of elements which include:

• streamlining approvals through:

  • earlier engagement in planning processes
  • more use of strategic assessments, bioregional planning and approvals bilateral agreements


• creating a new matter of national environmental significance for ‘ecosystems of national importance’ and introducing an interim greenhouse trigger.

The report includes 71 recommendations to help implement the reform plan. The Commonwealth government is now considering its response.  More.

Australia – Greenhouse - Draft Carbon Pollution Reduction Scheme (CPRS) Regulations released – Closed for comment
Revised regulations to establish the emissions-intensive trade-exposed (EITE) assistance program, under the Carbon Pollution Reduction Scheme Bill 2009, have been released for public consultation.  Comments have closed.  More.

Australia – Renewable energy - Draft Renewable Energy Target (RET) Exemptions Regulations released – Closed for comment
The Commonwealth government has released draft regulations to deliver partial exemptions from liability under the RET for activities that would qualify for assistance under the Carbon Pollution Reduction Scheme (CPRS) emissions-intensive trade-exposed (EITE) assistance program.  Comments have closed.  More.

Australia – Renewable energy - Renewable Energy Target (RET) issues papers released – Closed for comment
As part of negotiations on the Carbon Pollution Reduction Scheme, the Commonwealth government has released two issues papers for public consultation:

• Discussion Paper 4 – the treatment of new waste coal mine gas power generation in the RET

• Discussion Paper 5 – the treatment of ‘Solar Credits’ Renewable Energy Certificates under the RET.

Comments have closed.    More.

NSW – Water – Water management inquiry underway – Open for comment until 19 Feb
The Legislative Assembly is investigating the likely impact of climate change on the availability of water resources under different climatic scenarios. The investigation includes approaches to managing water resources by all water users, including provision for environmental flows and best practice in water conservation and management. Comments close 19 February 2010. More.

QLD – Radiological materials – Increased security requirements proposed
The Queensland government has introduced a Bill to give effect to the recommendations of the Review of Radiological Materials by adoption of the National Security Code. This will require a range of physical and procedural security measures to be implemented, as well as requiring people dealing with high risk radioactive materials to undergo a security background check. View Radiation Safety Amendment Bill 2009.

VIC – Biosecurity - Plant Biosecurity Bill Exposure Draft released – Open for comment until 26 Feb
The Plant Biosecurity Bill Exposure Draft will replace the Plant Health and Plant Products Act 1995. The objectives of the Bill are to prevent plant pests and diseases from entering and spreading within Victoria, and to improve market access for Victorian plants and plant products.  Key pests that will be managed under this Bill include fruit flies, potato cyst nematode and grape phylloxera.  Comments close 26 February 2010.  More.

VIC – Environment effects- Environment effects process inquiry underway – Open for comment until 31 Mar
The Parliamentary Environment and Natural Resources Committee is conducting an inquiry into Victoria’s environmental effects statement process, including the operation of the Environment Effects Act 1978. The inquiry will investigate:

• any weaknesses in the current system, including poor environmental outcomes, excessive costs and unnecessary delays

• community and industry consultation

• the independence of environmental effects examination when government is the proponent

• how better environmental outcomes can be achieved more quickly and predictably and with fewer unnecessary costs.

Submissions close 31 March 2010.  More.

VIC – Land – Changes to Planning and Environment Amendment Act proposed – Open for comment until 12 Feb
The draft Planning and Environment Amendment (General) Bill, which sets out to amend the Planning and Environment Act 1987, has been released for comment.

The key reforms incorporated into the draft Bill include:

• updating Victoria’s planning objectives

• improving the amendment and permit processes

• a new process for projects declared as State significant development.

Comments close 12 February 2010.  More.

WA – GM crops – Review of GM-Free Areas Act completed
The review of the Genetically Modified Crops Free Areas Act 2003 has been completed. A report was tabled on 26 November 2009. More.