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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 – Energy efficiency – Building Energy Efficiency Framework consultation commenced – Closed for comment
Australian governments have committed to developing a framework so that buildings are assessed and rated consistently for energy efficiency, with the intention of increasing minimum performance standards over time. The framework is expected to be finalised by the end of 2010. A discussion paper has been released. Comments have closed. More.
Australia – Greenhouse and energy reporting – Draft changes to National Greenhouse and Energy Reporting (Measurement) Determination released – Closed for comment
The National Greenhouse and Energy Reporting (Measurement) Determination 2008 is being reviewed. A revised Determination has been drafted and aims to:
- provide for carbon capture for permanent storage in regulated underground geological formations
- respond to feedback received following the first year of reporting
- update particular elements of the Determination with new information
- elaborate the methods specified for certain sectors.
Comments have closed. More.
Australia – Packaging – National Packaging Covenant to be replaced; draft Used Packaging NEPM variation released – Closed for comment
The Australian Packaging Covenant is expected to replace the National Packaging Covenant on 1 July 2010, or soon after. A Regulatory Impact Statement addressing the effectiveness of the current Covenant / Used Packaging Materials National Environment Protection Measure arrangements will be required.
Three publications related to Used Packaging Materials (UPM) have been released. They include a draft National Environment Protection Measure (NEPM) variation, explanatory statement and a copy of the NEPM as it will appear if varied. The UPM NEPM is a regulatory safety net underpinning the National Packaging Covenant (NPC), both of which expire on 30 June 2010. It is intended that the NPC/NEPM arrangement will continue. In November 2009, the National Environment Protection Council agreed to either:
- extend the duration of the current NEPM for twelve months until 30 June 2011, to allow time for finalising the new Australian Packaging Covenant, or
- align the NEPM with the APC, if the APC is ready for endorsement by 1 July 2010.
Comments have closed. More.
Australia – Renewable energy – Renewable Energy Target discussion paper released – Closed for comment
A discussion paper on enhancing the Renewable Energy Target has been released for public comment. The Government intends to separate the existing scheme into two parts – the Small-scale Renewable Energy Scheme (SRES) and the Large-scale Renewable Energy Target (LRET). The new arrangements are due to commence on 1 January 2011. Comments have closed. More.
NSW – Animal research – Regulations under review - Open for comment until 17 Jun
The Animal Research Regulation 2005 is under review. Proposed changes include increases in accreditation and licence fees and changes to reporting of notifiable details. A Regulatory Impact Statement has been published. Comments close 17 June 2010. More.
NSW – Farming – Changes to stock medicines, food and chemical residues proposed – Open for comment until 11 Jun
Minor changes to regulations for stock medicine, food and chemical residues have been proposed. Regulatory Impact Statements are available. Comments close 11 June 2010. More - Stock Medicines Regulation 2010. Stock Foods Regulation 2010. Stock (Chemical Residues) Regulation 2010.
NSW – Mining – Draft regulations and code released for comment – Open for comment until 18 Jun
Mining regulations are under review, with proposed new regulations including obligations to protect the environment. A Regulatory Impact Statement is available. More.
Industry and Investment NSW is also seeking comment on a proposed new Code. The Code will exempt routine exploration activities that have low environmental impact from environmental impact assessments, provided they comply with Part 5 of the Environmental Planning and Assessment Act 1979. More.
Comments on both close 18 June 2010.
QLD – Wetlands – New framework for Great Barrier Reef wetlands proposed – Open for comment until 30 Jun
The Queensland Government is implementing a new regulatory framework to protect significant wetlands within Great Barrier Reef catchments. A Regulatory Impact Statement, which explains the need for the changes and includes a cost-benefit analysis, is available for comment. Comments close 30 June 2010. More.
WA – Asbestos – Regulations under review – Open for comment until 30 Jun
The Department of Health has released draft policy amendments to the Health (Asbestos) Regulations 1992. Comments close 30 June 2010. More.
NZ – Climate change – ETS to begin on 1 Jul
The emissions trading scheme (ETS) for the transport, energy and industrial sectors will commence on 1 July 2010. The scheme for the agriculture sector will start on 1 January 2015. More.
NZ – Hazardous substances – Discussion paper on changes to personnel qualifications released – Closed for comment
ERMA has released a discussion paper of proposed amendments to the Hazardous Substances and New Organisms Regulations, with respect to personnel qualifications. The amendments aim to address ambiguities, inconsistencies and provisions that are impractical, unnecessary or unduly restrictive. Comments have closed. More.
NZ - Hazardous substances – Draft guidelines for conditional location test certificates released – Closed for comment
ERMA has released a draft guideline explaining the circumstances where a test certifier can issue a conditional location test certificate for classes 2 to 5 substances. Comments have closed. More.
NZ – Water – Regulation on water takes to be drafted
The Department of Environment has announced that regulations will be drafted for the measuring and reporting of water takes on a national, regional and catchment level. 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.
Commonwealth
Building Energy Efficiency Disclosure Bill 2010
Environment Protection and Biodiversity Conservation Amendment (Public Health and Safety) Bill 2010
Renewable Energy (Electricity) Amendment Bill 2010
ACT
Litter (Shopping Trolleys) Amendment Bill 2010
NSW
Coastal Protection and other Legislation Amendment Bill 2010
Environmental Planning and Assessment Amendment (Development Consents) Bill 2010
National Parks and Wildlife Amendment Bill 2010
VIC
Environment Protection Amendment (Landfill Levies) Bill 2010
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Publications - Draft
SA – Wastewater – Draft wastewater lagoon publication released – Closed for comment
The EPA has released a draft version of Wastewater and Evaporation Lagoon Construction for public consultation. The document covers wastewater treatment and storage and evaporation lagoons used in various industries. The intended users of the guideline are project proponents, consultants, engineers, construction companies and others associated with the design and construction of wastewater lagoons. Comments have closed. More.
VIC – Biodiversity – Draft biodiversity strategy released – Open for comment until 4 Jun
The Victorian Government has released a draft biodiversity strategy for 2010-2015. Comments close 4 June 2010. More.
VIC – Landfills – Draft landfill guidance released - Open for comment until 6 Jun
The EPA is reviewing the guidance publication for the siting, design, operation and rehabilitation of landfills. The revised publication will reflect new technology and improved management practices. Comments close 6 June 2010. More.
WA – Water – Murray groundwater allocation plan released - Open for comment until 18 Jun
The Department of Water has released the draft Murray Groundwater Allocation Plan for public comment. Comments close 18 June 2010. More.
WA – Water – Milstream drinking water source plan released - Open for comment until 14 Jun
The Department of Water has released the draft Milstream Water Reserve Drink Water Source Protection Plan for public comment. Comments close 14 June 2010. More.
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News
Fines and prosecutions
Australia – Damage to protected grasslands leads to big bills
A Victorian council will pay $155,000 towards the future conservation of protected grasslands after doing road works that destroyed nationally-threatened grasslands. The council damaged about half a hectare of natural temperate grasslands of the Victorian Volcanic Plain along the Eurambeen Streatham Road, between the Western Highway and the Glenelg Highway. It did not have approval, despite the grasslands being protected under national environmental law. More.
In another case of damage to the same type of grasslands, an investment company will pay $62,000 towards conservation research, and will protect up to 13 hectares of threatened species habitat, after it removed boulders from native grasslands without approval. Nearly half a hectare at Altona North was damaged. More.
Australia – Paint company convicted for unregistered chemicals; costs of nearly $60K
A Gold Coast paint company has been convicted, fined $50,000 and ordered to pay reparations of nearly $8,000 after selling unregistered anti-fouling paints to boat owners. More.
NSW – Developer convicted for clearing land without consent
A large developer has been convicted for causing land clearing without obtaining consent under the Native Vegetation Act 2003. The contractor the developer engaged to do the vegetation clearing work was not targeted. More.
VIC – Director more than $330,000 poorer after waste breaches
The director of a Moorabbin chemical company has been:
- fined $25,000
- ordered to pay $265,000 towards clean up
- ordered to pay the EPA’s costs of more than $40,000
after breaching two EPA licence conditions and a clean up notice. The company was licensed by the EPA to consolidate and store a maximum of two tonnes of dry cleaning waste chemicals at a factory site. However, the Director had stockpiled about 100 tonnes of waste and subsequently abandoned the site. The case against the company will commence on 6 July 2010. More.
VIC - $70,000 in costs after creek pollution
A Castlemaine food manufacturer has been ordered to pay $60,000 to fund an environmental project, and $10,000 in EPA costs, after incorrectly discharging food waste to Barkers Creek rather than the sewer system. More.
VIC – Waste hazard leads to fine for waste treatment operator
The operator of an Eaglehawk liquid waste storage and treatment facility has been fined nearly $6,000 for causing an environmental hazard. An inspection found deficiencies, including a cracked concrete bund floor and tank subsidence. More.
VIC – Water corporations fined for sewage spills
Two Victorian water corporations have been fined nearly $6,000 each for sewage spills. In the first instance, sewage spilled into Lake Daylesford after alarm systems failed to identify a sewage overflow. More. In the second spill, 2,000 litres of raw sewage spilled into Arnolds Creek, Melton West. More.
VIC – Fine for discharge to neighbouring property
A Poowong dairy depot has been fined $5,841 for allowing waste water from its truck washing station to flow offsite via a stormwater drain onto a neighbouring property. More.
VIC – Fine for wastewater discharge into Bendigo Creek
A pottery company has been fined $5,841 for discharging wastewater to a stormwater system that drains into Bendigo Creek. More.
VIC – Illegal asbestos transport costs company $13,000
A Geelong demolition operator has been fined $5,000 for transporting asbestos waste without the correct EPA permit. He was also ordered to pay the EPA’s costs of nearly $8,000. More.
VIC – Man convicted for illegal possession of reptiles
A Bendigo man has been convicted of six wildlife offences and fined $1,000. He did not have a private wildlife licence for reptiles he kept and had also taken some from the wild, which is illegal. More.
VIC – Breach of whale exclusion zone leads to fine
A Timboon man has been fined $1,000 for being in charge of a boat that entered the Logans Beach Exclusion Zone, a recognised nursery area for Southern Right Whales, during their breeding season. More.
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Other news
Australia – Climate change – CPRS delayed
The Commonwealth Government has delayed the implementation of the Carbon Pollution Reduction Scheme (CPRS) until after the end of the Kyoto Protocol’s current commitment period, in 2012. The Government is unlikely to implement a CPRS until other major economies have indicated their intentions. More.
ACT – Land - Contaminated land guidelines updated
The Department of Environment, Climate Change, Energy and Water has updated its contaminated land guidelines. More.
NSW – Biodiversity - Biodiversity Offset Program launched
The NSW Government has launched a Biodiversity Offset Program, to protect remnant bush outside Sydney Growth Centres. Land for new reserves is being voluntarily acquired and in-perpetuity conservation agreements developed with landowners. More.
WA – Litter – Littering fines to increase
The WA Government intends to increase penalties for littering. Under the proposed legislation, fines for littering cigarette butts will increase from $75 to $200, and individuals will face maximum fines of $5,000 for littering offences, instead of the current $1,000. More.
NZ – Hazardous substances – Methyl bromide public hearings held in May
During May, ERMA held a series of hearings about the reassessment of the fumigant methyl bromide. Attendees had the opportunity to present their views on the future use of methyl bromide. 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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