February 2011

Case briefs

Australia
Environment Protection and Biodiversity Conservation (Public Health and Safety) Amendment Bill 2010 (2)

ACT
Electricity Feed-In (Renewable Energy Premium) Amendment Bill 2010
Environment Protection Amendment Bill 2010

NT
Environment Protection (Beverage Containers and Plastic Bags) Bill 2010

QLD
Environmental Protection and Other Legislation Amendment Bill 2010

WA
Heritage and Planning Legislation Amendment Bill 2010

NZ
Biosecurity Law Reform Bill
Building Amendment Bill (No 3)
Environment Protection Authority Bill

Publications - Draft

ACT – Waste - Draft waste strategy released – Open for comment until 28 Feb
The ACT Government is seeking comment on its draft Sustainable Waste Strategy 2010-2025. Comments close on 28 February 2011. More.

NSW – Coal mining – Draft benchmarking report on particulate emissions released – Open for comment until 7 Feb
DECCW has released the final draft report, NSW coal mining benchmarking study - International best practice measures to prevent and/or minimise emissions of particulate matter from coal mining. Comments are invited on the measures. Comments close 7 February 2011. More. 

NSW – Coal seam gas – Briefing paper on industry regulation released
The NSW Parliamentary Library Research Service has published a comprehensive briefing paper on current and proposed regulation of the coal seam gas industry. More.

NSW – Waste – Draft waste strategy for 2011- 2015 released - Closed for comment
DECCW has published a draft discussion paper on waste strategic directions and a 2011 – 2015 implementation plan.  It proposes strategies over the next four years to make it easier for households and businesses to recycle, increase producer responsibility for problem wastes and increase investment in waste infrastructure. Comments have closed. More – click here and go to ‘Review of waste strategy and policy’.

NSW  – Water - Resources to help identify diffuse source water pollution hotspots published
DECCW has published resources to assist land managers to detect diffuse sources of water pollution, such as unsealed roads and eroded areas of land. More.

QLD – Biodiversity – Draft strategy released – Open for comment until 18 Mar
A draft Biodiversity Strategy for the next 10 years has been released. The draft strategy places nature’s resilience at the centre of the state’s conservation efforts. Comments close 18 March 2011. More.

QLD – Cultural heritage – Legislation review – Closed for comment
DERM is seeking comments on amendments proposed in the draft of the Indigenous Cultural Heritage Acts Amendment Bill 2011.  Changes to legislation and administration are aimed at delivering improved efficiency and efficacy of the Acts. More.

VIC – Wastewater –Draft code for onsite wastewater management released - Open for comment until 7 Mar
The EPA has released a Draft Code of Practice for Onsite Wastewater Management for comment.  The purpose of this Code is to provide guidance for:

• the selection, approval, management and maintenance of onsite sewerage systems which treat up to 5,000 litres of wastewater per day
• indoor recycling systems for toilet flushing and cold water supply to washing machines
• the design of land recycling and disposal systems based on land capability assessments (where applicable).

Comments close 7 March 2011. More.

WA – Marine Park – Management plan for first Marine Park released – Closed for comment
The DEC has released its draft management plan for the proposed Camden Sound Marine Park for comment. Comments have closed. More.

WA – Mining – Mining securities reforms discussion paper released – Open for comment until 15 Feb
The Department of Mines and Petroleum has released a preliminary discussion paper about the State’s environmental bond system for the rehabilitation of mine sites after closure. Comments close 15 February 2010. More.

WA – Water – Kimberley water plan released – Open for comment until 28 Feb
The Department of Water has released the Kimberley regional water plan: Strategic directions and actions 2010-2030, and supporting detail, for comment. Comments close 28 February 2011. More.

WA – Water – Lower Gascoyne groundwater and surface water allocation plan released – Open for comment until 28 Feb
The Department of Water has released the Lower Gascoyne groundwater and surface allocation plan, which will provide a frame work for licensing and water allocation in the area. Comments close 28 February 2011. More.

NZ – Bay of Plenty – Regional Policy Statement released – Open for comment until 8 Feb
The Bay of Plenty Regional Council has released the Proposed Bay of Plenty Regional Policy Statement. Comments close 8 February 2011. More.

NZ – Waikato – Regional Policy Statement released – Open for comment until 28 Feb
The Waikato Regional Council has released the Proposed Waikato Regional Policy Statement for comment. Comments close 28 February 2011. More.

News

Fines and prosecutions

Australia – Hazardous materials – Chemical importer fined for unregistered product
A West Australian chemical import and distribution company has been fined $10,000 for importing an unregistered agricultural chemical product - a fungicide that contained a higher concentration of the active constituent than had previously been assessed and approved.  The company was also ordered to pay substantial costs incurred by the Australian Pesticides and Veterinary Medicines Authority for chemical analysis. More.  

Australia – Water – Company breaches water efficiency and labelling laws
A Queensland bathroom supplies company has been given an enforceable undertaking to improve its business practices and provide awareness training to staff. It supplied products that weren’t registered or labelled as required under national water efficiency labelling and standards legislation.  More.  

NSW – Biodiversity - Slashing vegetation before lodging DA costs $57,000  
A landowner who ‘cleaned up’ land by slashing a threatened species of wattle before lodging a development application has been fined, ordered to pay costs and publish a notice describing the offence in the local newspaper. More.

NSW - Coal mining - Audit report of dust management published
DECCW has published a compliance audit report on dust management at nine NSW coal mines. More. 

NSW – Pollution - Pollution incident detected during chance audit by enforcement officer  
A chance audit of an abattoir has led to a conviction and $60,000 fine, plus costs, for an abattoir operator. A broken pipe led to large quantities of animal effluent entering a creek, turning it ‘blood red’. The company didn’t have a regular inspection programme for the pipe, did no pressure testing on it and no flow meters were fitted. The operator ‘walked the line’ only once every three weeks. View court decision.   

SA – Air – Fine for fume from foundry fire
A South Australian foundry has been fined more than $10,000 (including costs) after the smoke plume from an onsite fire caused an environmental nuisance.   More – click here and go to p. 58.   

SA – Pollution – Waste oil company fined $415,000
A South Australian waste oil company has been fined $415,000 for causing serious environmental harm and for contravening its environmental authorisation conditions.  More – click here and go to p. 58.  

SA – Waste – $150K fine for landfill’s licence breach
A South Australian landfill company has been fined $150,000 (including costs) for disposing of waste into onsite batters.  The company was also required to publicly apologise to the EPA, the industry and the community.   More – click here and go to p. 58.  

SA – Water – Company fined for oil discharge
A South Australian company has been fined nearly $70,000 for breaching s 8(1) of the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987. More – click here and go to p. 58.  

VIC – Waste – Demolition company and owner guilty of abandoning waste
A Geelong demolition company and one of its owners have been fined $20,200 and $35,200, respectively, for depositing and abandoning industrial waste at a Moolap site. The waste included asbestos fibro cement, bricks, concrete, steel and timber. More.  

VIC – Waste – Animal waste causes environmental hazard
A sheep and cattle holding yard company has been fined $10,000, and ordered to pay another $50,000 towards environmental projects in Brooklyn, after animal effluent caused an environmental hazard to Stony Creek.  Costs of nearly $14,000 were also awarded against the company which has been required to publish a notice about this outcome in The Age and Herald Sun and on the company’s website.  More.  

VIC – Waste – Illegal dumping costs company nearly $260,000
A Greenvale waste management company has been fined $200,000 (plus EPA costs of $59,000) after dumping large volumes of industrial waste in quarries that were only supposed to receive clean fill material. The waste included asbestos pieces, contaminated soil, soil and rocks, bitumen, concrete and demolition waste. More.

VIC – Water – Motorcycle repairer fined for oil spill
A Bayswater motorcycle service and repair company has been fined $30,000 following a spill of used oil that killed three birds. The oil entered Old Joe’s Creek before flowing into Dandenong Creek. 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 Bendigo concrete batching plant, for wastewater that overflowed into a stormwater tributary of Bendigo Creek. More.  
• a Blackburn building and construction company, for paintbrush residue that flowed from a building site into Blackburn Creek and Gardiners Creek.  More 
• a Broadmeadows printing company, for an inky blue residue entering Moonee Ponds Creek.  More 
• a Gippsland water authority, for a sewage spill into a wetland and Wades Creek in Morwell. More.  

Other news

ACT – Developments - EIS thresholds changed
The thresholds for proposed activities that require environmental impact statements to be prepared before a development approval can be granted have been changed. Unless the Government moves to commence the amendments earlier, they will commence by default on 21 June 2011.  More.

ACT – Water - Response to the Murray-Darling Basin Plan published
The ACT Government has released its response to the draft Murray-Darling Basin Plan. More. 

NSW – DECCW – Guide to accessing information published
The DECCW has published a publication guide that describes:

• DECCW's structure, functions and information held
• how members of the public can participate in policy development and the exercise of DECCW's functions
• how members of the public can access information.

The Government Information (Public Access) Act 2009 requires the DECCW to have a publication guide. More.

NSW – Water - Response to Murray-Darling Basin Plan published
The NSW Government has released its response to the draft Murray-Darling Basin Plan. More.

NZ – Emissions trading – Review commenced
A panel has been set up to review the Emissions Trading Scheme (ETS), as required by the Climate Changes Response Act 2002. The panel will commence work in February and the review is required to be finished by the end of 2011. More.

NZ – Forestry – Forestry scheme review begins – Consultation closes 18 Feb
The Ministry for Agriculture and Forestry has begun consultation on forestry schemes that encourage new planting. Consultation closes on 18 February 2011. More.

NZ – Pesticide – Insecticide Dichlorvos under review – Open for comment until 18 Feb
ERMA has announced its review of the use of the insecticide Dichlorvos, which can potentially affect the nervous system of humans. Comments close 18 February 2011. More.

Case briefs

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

 No case briefs this bulletin.