environmental ohs legal obligations
   

April 2010


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 – Renewable energy – Renewable Energy Target (RET) to be modified
From 1 January 2011, the Federal Government’s RET scheme will include two parts - the Small-scale Renewable Energy Scheme (SRES) and the Large-scale Renewable Energy Target (LRET). The LRET, covering large-scale renewable energy projects like wind farms, commercial solar and geothermal, will deliver most of the 2020 target.  The SRES will cover small-scale technologies such as solar panels and solar hot water systems and will deliver the remainder of the target.  It will provide a fixed price of $40 per megawatt hour of electricity produced. The Government will release an industry consultation paper and intends to introduce the changes in the Winter Sittings of Parliament. More.

NZ – Hazardous substances – Tank wagons and transportable container laws under review – Open for comment until 20 Apr
The Government is reviewing the Hazardous Substance (Tank Wagons and Transportable Containers) Regulations 2004. Proposed amendments include removing technical errors and adding currently-excluded tank wagons. Comments close 20 April 2010. More.

NZ – Hazardous substances – Compressed gas laws under review – Open for comment until 21 Apr
The Hazardous Substance (Compressed Gases) Regulation 2004 is open for comments on proposed amendments, which include reducing its complexity, correcting technical errors and removing impractical obligations. Comments close 21 April 2010. 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 2010
Protection of the Sea Legislation Amendment Bill 2010

ACT
Litter (Shopping Trolleys) Amendment Bill 2010

NSW
National Parks and Wildlife Amendment Bill 2010
Waste Recycling and Processing Corporation (Authorised Transaction) Bill 2010

Waste Recycling and Processing Corporation (Authorised Transaction) Bill 2010 (No 2)

Publications - Draft

Australia – Vegetation – Draft Native Vegetation Framework released - Open for comment until 31 Mar
The Natural Resource Management Ministerial Council is inviting feedback on Australia's Native Vegetation Framework consultation draft. This draft is a strategic national policy framework, aimed at guiding management decisions that affect native vegetation across Australia.  Comments close 31 March 2010. More.

NSW – Public lighting – Code to be reviewed – Closed for comment
The Public Lighting Code is under review. The Code governs the provision of public lighting in NSW, including the relationship between the public lighting service providers and public lighting customers. A discussion paper and copies of submissions made are available. A position paper is being developed. The Government does not propose to change public lighting governance before 2014. Comments have closed. More.

VIC – EPA licensing – Draft licensing reform guidelines released – Open for comment until 1 Apr
The EPA has released the following draft guidelines as part of its licensing reform program:

  • Licence management guidelines

  • Licence assessment guidelines

  • Annual performance statement guidelines

  • Landfill licensing guidelines.

The aim of the guidelines is to help licence holders understand their obligations.  Comments close 1 April 2010. More.

Pub_Draft

News

Fines and prosecutions

 

Australia – Carbon credits – Carbon credit company misleads consumers
The Federal Court of Australia has declared that an Australian company made false or misleading claims when marketing carbon credits, after Australian Competition and Consumer Commission (ACCC) action taken against the company and its director.

The court made orders:

  • restraining the company and its director from engaging in such conduct
  • requiring the director to undertake compliance training
  • requiring the company and its director to publicise the court's orders through letters to customers and its website
  • requiring the company to pay the ACCC's costs. More.

Australia – Fuel – Dirty diesel supplier stopped
The Federal Court has ordered a New South Wales company to stop supplying diesel fuel that does not meet standards for sulphur levels and distillation temperature stipulated in the Fuel Quality Standards Act 2000. Costs were also awarded against the company. Jail terms may apply if the company breaches the injunction. More - click here and go to ‘Company stopped from supplying dirty diesel fuel’.

Australia – Heritage – Damage to rock art leads to $280K fine
A WA company which damaged protected rock art on the Burrup Peninsula must pay at least $280,000 and enter into financial agreements with local Indigenous groups.  Work at the company's quarry damaged an area protected as a National Heritage place. More.

Australia – Renewable energy – Deregistered GreenPower company ordered to buy REC’s
A former “green power” company must purchase more than 4,000 renewable energy certificates which it failed to buy on behalf of customers, as part of court enforceable undertakings. The company was deregistered from the GreenPower program but continued to accept payments.  As well as purchasing the certificates, the company's directors must write to its customers explaining the situation, and must undertake training in complying with the Trade Practices Act 1974More.

Australia – Wildlife – $5,000 fine for killing seals
A Perth man has been fined $5,000 for killing 11 threatened fur seals while trawl fishing off Tasmania. The man was charged with taking an action that led to the death of a listed marine species while in Commonwealth waters, under section 254 (1) of the Environment Protection and Biodiversity Conservation Act 1999More.

NSW – Biodiversity - Tree clearing attracts big penalties 
A farmer has been convicted and fined more than $400,000 under the Native Vegetation Act 2003. He cleared 486 ha of native vegetation from a property near Moree, without a development consent or property vegetation plan. More

In a similar but less extreme case, two landowners and a contractor had to pay over $46,000 each for illegally clearing 21 ha of river red gums. Even though remediation measures were being undertaken, the clearing caused significant environmental harm. More.

VIC – Pollution – Transport company pays $130K for petrol spill
A transport company has been ordered to pay $80,000 towards two community projects, following a 7,200 litre spill of unleaded petrol at a Wantirna petrol station. The company pleaded guilty to polluting waters, making them harmful to wildlife.  The petrol entered stormwater drains on site, making its way into nearby Dandenong Creek, killing nine ducks and several fish.  The company was also ordered to pay EPA’s costs of $50,000. More.

VIC – Sewage – Construction company fined for sewage spill
A construction company has been fined $5,841 after a hose became dislodged and discharged approximately 18,500 litres of raw sewage into Toolern Creek.  A water authority had engaged the company to construct a six kilometre sewer near Melton. More.

VIC – Waste – $50K for composting odour issues
A Brooklyn composting facility has been found guilty and ordered to pay $40,000 to a local council’s environment and sustainability program for an odour incident. The company, which breached its EPA licence by allowing offensive odours to be discharged beyond its boundary, was also ordered to pay EPA’s court costs of $10,000. More.

VIC – Waste – Hotel owner $24,000 poorer after dumping waste
A Dimboola hotel owner has been put on a one year good behaviour bond and ordered to pay $10,000 for illegally dumping industrial waste. The waste was from a demolished hotel and was dumped at a nearby farm.  The owner was also ordered to pay EPA’s costs of more than $14,000. More.

VIC – Waste – Company fined for illegal waste dump
A Warracknabeal company has been convicted and ordered to pay $12,500, plus costs of nearly $3,000, for allowing industrial waste to be dumped and failing to clean it up.  The waste included domestic and demolition waste, dead animals, sixty drums of tar-like liquid waste and several thousand tyres. More.

VIC– Waste – Companies fined for waste-related offences
A number of companies have been fined $5,841 for issues related to waste management. These include:
  • a waste transfer station, for odour issues from green waste at its Cranbourne site. More.

  • the operator of a green waste facility, for allowing green waste odours to go beyond the boundaries of its Clayton South premises. More.

  • a Campbellfield beverage company, for allowing several hundred litres of waste water to be discharged onto a neighbouring property. More.

Other news

ACT – Greenhouse - Environmental incentive schemes now available
A number of rebates and programs are now available to help ACT businesses reduce their carbon footprint. These include rebates on commercial bathroom retrofits, an electricity feed-in tariff for solar panels and energy efficiency and recycling incentives for offices.  More

NSW – Renewable energy - Solar Bonus Scheme now in place
Small businesses can now receive credits for electricity generated from eligible solar photovoltaic systems or wind turbines. If their annual electricity consumption is up to 160 megawatt hours (MWh), a 'gross' feed-in tariff rate of 60 cents per kilowatt hour applies. More.

QLD � Greenhouse gases � Vehicles Offsets Contribution Scheme launched
The Queensland Government has allocated up to $4.5 million toward its new Vehicle Offsets Contribution Scheme, which enables Queensland motorists to offset their vehicle's greenhouse gas emissions. More.

Case briefs

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

No case briefs this bulletin.

 

   

 


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.