environmental ohs legal obligations
   

December 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 – Product stewardship – National product stewardship consultation paper released – Open for comment until 10 Dec
The Product Stewardship Legislation Consultation Paper has been released for comment.  The purpose of the paper is to provide information on the design of the National Product Stewardship Legislation as the basis for consultation with stakeholders. Comments close 10 December 2010. More.

Australia – Renewable energy – Draft Renewable Energy Target Regulations released – Closed for comment
Legislation has been passed  to separate the Renewable Energy Target (RET) into the Large-scale Renewable Energy Target and the Small-scale Renewable Energy Scheme.  The Government has released draft regulations that needed to be made as a consequence of the amendments, as well as a commentary paper to explain the technical detail of the draft regulations.  Comments have closed.  More.

Australia – Site contamination – Draft National Environment Protection Measure released – Closed for comment
The Assessment of Site Contamination National Environment Protection Measure has been re-drafted and released for public comment.

 The major changes include:

  • new and improved methodologies for deriving Ecological Investigation Levels and Health Investigation Levels
  • incorporation of Health Screening Levels and Ecological Screening Levels for petroleum hydrocarbons
  • incorporation of guidance for assessing asbestos impacts
  • incorporation of guidance on stockpile sampling, contaminant leachability and bioavailability
  • incorporation of guidance for assessment of volatile substances.

Comments have closed. More.

ACT – Environment protection authorisations – Yearly review to be replaced by less frequent, risk based-review periods
The Government is proposing to amend section 57 of the Environment Protection Act 1997 by substituting annual reviews of environmental authorisations with a more flexible, risk-based period for review, of up five years. More

ACT – Planning – Changes to thresholds triggering EISs proposed

The Government is proposing changes to the Planning and Development Act. Changes will apply to the activities and thresholds that require an environmental impact statement for applications for planning approval. More.

NSW – Biodiversity - Threatened species legislation under review
The Threatened Species Conservation Act 1995 is being reviewed, as required by the legislation. More.

NSW – Buildings - Funding mechanism for building energy efficiency upgrades proposed
The Government has introduced a Bill that will help urban councils secure more attractive finance terms for environmental retrofits. Councils with large stocks of commercial or multi-unit residential buildings will be able to enter into agreements with property owners and lenders. View Bill.

NSW  – Environmental monitoring – New laws pass Parliament
The Parliament has passed reforms relating to environmental monitoring where a cluster of industries are causing cumulative impacts. The Protection of the Environment (Environmental Monitoring) Amendment Act 2010 includes giving the EPA (DECCW) the power to levy the holders of environment protection licences. The EPA (DECCW) has not yet published information about the amendment, but the second reading speech provides background information. View second reading.

NSW – Mining – New mining legislation commences
Changes to the Mining Amendment Act 2008 are being progressively commenced. Those relating to title holdings and exploration reporting commenced on 15 November 2010. The Mining Regulation 2010 also commenced on that date.  Other provisions of the Act, including in relation to environmental management, are expected to commence in 2011. View provisions that commenced 15 November 2010. View general reforms.

NSW  – Radiation – Parliament passes laws for tighter security of radioactive sources
The Radiation Control Amendment Act 2010, which aims to strengthen security of radioactive sources, has passed Parliament. Most of its provisions have yet to commence.  The EPA (DEECW) has not yet published information about the amendment, but the second reading speech provides background information. View second reading.

NSW – Water – Changes to governance and water trading proposed
The Government has introduced the Water Management Amendment Bill 2010 to Parliament. The Bill includes changes to governance structures and additional provisions in relation to water trading.  View second reading.

VIC  – Petroleum – Regulatory Impact Statement for new regulations prepared – Closed for comment

The Petroleum Regulations 2011 are to be made under the Petroleum Act 1998. The primary objectives of the proposed Regulations are to eliminate and minimise, as far as practicable, risks to the environment, public health and safety associated with petroleum operations.  Comments have closed.  More – click here and go to page 2293 of this gazette .

WA - Waste - New obligations and powers for waste dumping commence
Changes to the Environmental Protection Act 1986 will prevent people from dumping waste. Inspectors can now stop and search vehicles. Changes commenced 26 Nov 2010 and will be included in the November EnviroLaw update. View Bill.

 

Bills before Parliament

The Bills (draft Acts) listed below are being considered by Parliament. Only major environmental Bills are listed.
ACT
Planning and Development (Environmental Impact Statements) Amendment Bill 2010

NSW

Local Government Amendment (Environmental Upgrade Agreements) Bill 2010
Water Management Amendment Bill 2010

QLD
Natural Resources and Other Legislation Bill  

NZ
Environmental Protection Authority Bill 246-1 (2010)

Publications - Draft

NSW – Biodiversity – Draft strategy released – Open for comment until 21 Jan 2011
A draft Biodiversity Strategy for 2010 - 2015 has been released. The draft strategy aims to coordinate and guide biodiversity conservation work for the next five years. It identifies state-scale investment priorities for 15 broad terrestrial and aquatic ecosystems.  Comments close 21 January 2011. More.

VIC  – Trade waste – Draft trade waste customer service code released – Closed for comment

The Essential Services Commission has released a scoping paper titled Developing a trade waste customer service code.  The Code aims to provide consistent, transparent and timely decision making on trade waste management matters.  Comments have closed. More.

WA – Water – Draft Murray Drainage and Water Management Plan released – Closed for comment

The Department of Water has released the draft Murray Drainage and Water Management Plan to develop total water-cycle management principles and best management practices. Comments have closed. More.

WA – Water – Draft Lower Canning River Surface Allocation Water Plan released – Open for comment until 3 Dec

The Department of Water has released the draft Lower Canning River Surface Allocation Water Plan for comment. Comments close 3 December 2010. More.

WA – Marine dredging – Draft environmental assessment guideline released – Open for comment until 13 Dec

The EPA has released the draft Environmental Assessment Guideline for Marine Dredging Proposal The aim of the guideline is to improve the assessment and management of marine dredging. Comments close 13 December 2010. More.

WA – Marine park – Management plan for first marine park released – Open for comment until 1 Feb 2011

The DEC has released its draft management plan for the proposed Camden Sound marine park for comment. Comments close 1 February 2011. More.

Pub_Draft

News

Fines and prosecutions

Australia – Plastic bags – Packaging company misleads on plastic bags
An Adelaide packaging company has been declared to have engaged in misleading and deceptive conduct after making false representations about certain plastic bags.

The company claimed a particular plastic bag was biodegradable and compostable in accordance with Australian Standard AS4736-2006 for Biodegradable plastics suitable for composting and other Microbial Treatment and that they could be legally supplied in South Australia, when this was not the case.

The company undertook to stop claiming the bags are biodegradable or compostable in accordance with the Standard, without first obtaining scientific evidence of this. The company was ordered to:

  • publish corrective notices on its website and in the Adelaide Advertiser
  • send a letter to each customer supplied with the bags informing them of the Court orders and the company's undertakings
  • implement a Trade Practices Compliance and Education Program, and
  • contribute $10,000 to the Australian Competition and Consumer Commission's costs of the proceedings. More.

Australia – Renewable energy – Green power company breaches undertaking
A renewable energy company has breached a court enforceable undertaking given in response to Australian Competition and Consumer Commission (ACCC) concerns.  The company had been given the undertaking after accepting payments to buy Renewable Energy Certificates (RECs), which it did not then purchase .  As part of the undertaking, the company was required to buy the outstanding RECs by March 2009, but it did not.  The company now has to buy the outstanding RECS by 30 November 2010 and pay the ACCC's legal costs. More.

QLD – Biodiversity – $110,000 fine for clearing endangered remnant vegetation

A Central Queensland grazier has pleaded guilty to clearing 200 ha of vegetation on his property and has been fined $110,000. Vegetation classed as 'endangered remnannt vegetation' made up 226ha of the land cleared; 3ha was 'of concern regional ecosystem' vegetation.   More.

QLD – Water pollution – Mining company fined $135,000 for pollution
 A mining company has been fined $135,000 after contaminated stormwater escaped to Coppermine Creek, causing unlawful serious environmental harm.  Around 2 km of the creek was affected, including fish and other aquatic life. More.

VIC – Waste – Concrete company guilty of waste dumping; costs nearly $150K
A concrete manufacturer has been ordered to pay $124,800 to fund two local environmental projects, as well as EPA’s costs of $20,000. The company was found guilty of dumping industrial waste (concrete waste and solidified concrete slurry) at a Yea quarry. More

VIC - Landfill – Operator fined for licence breaches 
A Clayton South landfill operator has been fined more than $11,500 following licence compliance checks.  More.

VIC – Numerous companies fined for environmental breaches
A number of Victorian companies have been fined nearly $6,000 for environmental breaches. These include:
- a Dandenong glass recycling business, for breaching a notice requirement to manage odour from its site. More
- a major oil and gas company, for breaching its EPA licence. A number of large containers of drilling mud waste were stored in an unbunded area, posing a risk to the Corner Inlet Marine National Park. More
- a Melbourne water authority, after spilling about 36,000 litres of purple-coloured trade waste into Edgars Creek at Coburg North. More
- a Bayswater chemical company, after a surfactant leak caused a foamy discharge into Dandenong Creek.  The cleanup also cost the company $24,000. More.
- a Moe abattoir, for unlawfully discharging waste water into a paddock at Tanjil South. More.  
- a Hampton Park landfill operator, after landfill gas odours were detected in parts of the Lynbrook residential estate. More.
- a Beechworth concrete company, for discharging wastewater and sludge to a stormwater drain. The stormwater pit wasn’t adequately maintained. More
- a Stawell landfill operator, after breaching a licence condition requiring waste to be covered with a minimum of 300 millimetres of soil at the end of each day. More.
- an Echuca rendering company for operating without a licence. More
- an East Gippsland council for litter issues at its Lakes Entrance landfill. More.

WA – Waste – Man fined for dumping industrial waste
A Beckenham man has been fined $3,200 and $10,788 in clean up costs for illegally dumping industrial wastes at 11 locations throughout the Perth metropolitan area. More.

WA – Works stopped at licensed incinerator
A Port Hedland waste incinerator has been issued with an Environmental Protection Notice and ordered to stop incinerating until required conditions are met. The licensed site incinerates industrial waste, including chemicals, oil, grease, drilling mud and oil-contaminated soil. More.  

Other news

NSW – Biodiversity – Forestry agreements and approvals under review - Closed for comment
The Government is reviewing forestry agreements and integrated forestry operation approvals for the north-east, Eden and southern regions. Comments have closed. More.

NSW – Renewable energy - Solar Bonus Scheme cut
Following rapid residential uptake of small-scale photovoltaic systems, the NSW Government is now offering only 20c/kw generated from new photovoltaic installations, down from 60c/kw. More.

WA – Biodiversity – Biodiversity strategy for the Great Western Woodlands released

The Minister for Environment has released the Biodiversity and Cultural Strategy for the Great Western Woodlands, which will provide a framework for the protection of the woodlands’ natural and cultural values. More.

NZ – Hydroelectricity – Comments sought on proposed Lake Matiri power scheme – Open for comment until 31 Jan 2011

The Department of Conservation is inviting comment on the proposed hydroelectric scheme in the Lake Matiri Conservation Area. Comments close 31 January 2011. More.

NZ – Fumigants – Strict controls on methyl bromide fumigants announced

ERMA has announced strict new rules on methyl bromide fumigations. All methyl bromide fumigations must be recaptured within 10 years. Other changes include strengthening of exposure limits, introduction of buffer zones, air quality monitoring requirements as well as notification and annual reports. More research into alternatives and recapture has been recommended. More.

NZ – Land – ERMA to review use of fungicide quintozene

ERMA has announced its plans to review the use of the fungicide quintozene on bulbs and turfs. This follows the raising of health concerns in Australia about workers exposed to the products. 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.