environmental ohs legal obligations
   

June 2011


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 – Climate change – Carbon pricing mechanism submissions requested - Closed for comment
The Department of Climate Change and Energy Efficiency has requested submissions on the proposed architecture and implementation of a carbon pricing mechanism. Submissions will be used to help develop policy options, which will be presented to the Multi-Party Climate Change Committee. Comments have closed.  More.  

Australia – Climate change – NGER measurement exposure draft released – Closed for comment
The National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2011 exposure draft has been released for public comment. The exposure draft contains all amendments proposed to commence on 1 July 2011, to inform the preparation of NGER reports in October 2012 (i.e. for the 2011-2012 reporting year only). These proposals have no effect on reports to be submitted in October 2011.  Comments have closed.  More.  

Australia – Energy efficiency – EEO program to cover electricity generators - Closed for comment
The Commonwealth Government is proposing to extend the Energy Efficiency Opportunities (EEO) program to cover all electricity generators, from 1 July 2011.  Power generators that use more than 0.5 PJ of energy in the financial year 2010/2011 will be expected to register with EEO by 31 March 2012, and identify cost-effective energy efficiency opportunities over a five year assessment cycle. Consultation on the proposed draft regulations has closed.  More.  

NSW - Infrastructure - Coordinating agency being established
The NSW Government is establishing ‘Infrastructure NSW’, an agency to plan, coordinate and supervise infrastructure planning.  Draft legislation was introduced to Parliament on 26 May 2011. View explanatory note.

QLD – Licensing – DERM licensing framework review released – Open for comment until 1 Jul
The Department of Environment and Resource Management (DERM) is reviewing the licensing framework under the Environment Protection Act 1994. The Greentape Reduction Project aims to reduce the cost of environmental licensing and has been released for comment. Comments close 1 July 2011. More.

TAS – Weeds – Weed management plans under review – Closed for comment

The Department of Primary Industries, Parks, Water, and Environment has reviewed statutory weed management plans developed under the Weed Management Act 1999. These plans contain measures designed to reduce the impact of weeds on Tasmania’s environmental, economic and social values. They include:

  • information on the distribution and extent of the declared weed
  • actions to prevent weed introduction and spread
  • management obligations for land owners under the Act.  Comments have closed.  More.  

VIC – Mining – Sustainable development discussion papers released - Open for comment until 3 Jun
A major review of the Mineral Resources (Sustainable Development) Act 1990 is underway.  This wholesale review is occurring in two phases.  The first phase will require consequential amendments to the Mineral Resources Development Regulations 2002 and the development of guidance material over the next 12 to 18 months.   The second phase relates to the authorisation of work and government approvals processes.  Comments close on 3 June 2011.  More.  

 

Bills before Parliament

The Bills (draft Acts) listed below are being considered by Parliament. Only major environmental Bills are listed.

Australia
Carbon Credits (Consequential Amendments) Bill 2011
Product Stewardship Bill 2011

NSW
Infrastructure Bill 2011

Publications - Draft

NSW – Noise – New road noise policy effective from 1 July
The Government’s Environmental Criteria for Road Traffic Noise is to be replaced by NSW Road Noise Policy, from 1 July 2011.  Click here for more information, including a summary of differences between the old and the new policies.

NSW – Waste - Guidance on effluent reuse management published  
DECCW (now the Office of Environment and Heritage) recently published the results of its audits of effluent reuse management practices at premises which have an environment protection licence, as well as a best practice guide. More.

NT – Land – Draft Native Vegetation Management Bill released – Closed for comment
The Territory Government has released the Draft Native Vegetation Management Bill and has proposed amendments to the Pastoral Land Act. The objective of the draft Bill is to retain and manage native vegetation. It will manage all broad acre clearing in the Territory that is currently managed under the Planning Act and Pastoral Land Act. Comments have closed. More.

VIC – Waste – Draft clean fill guidelines released - Open for comment

The EPA has released a draft Industrial Waste Resource Guideline for clean fill.  Clean fill, or ‘fill material’ is naturally–occurring material such as soil, sand and rock. It is primarily generated and used by the civil construction industry for land rehabilitation activities.  No closing date for comments has been set.  More.  

WA – National Parks – Draft National Parks and nature reserve management plans released - Open for comment until 3 Jun
The DEC has released the draft management plan for the Greater Kingston National Park, Lake Muir National Park and 17 nature reserve areas in the Perup area north and east of Manjimup for public comment.  Comments close 3 June 2011. More.

WA – Water – Manjimup drinking water source protection plan released – Open for comment until 15 Jun
The Department of Water has released the Draft Manjimup Dam and Phillips Creek Dam Catchment Areas drinking water source protection plan for public comment. Comments close 15 June 2011. More.

WA – Water – Kimberley water plan released – Open for comment until 27 Jun          
The Department of Water has released the Kimberley regional water plan: Strategic directions and actions 2010-2030, and supporting detail, for comment. The public comment period has been extended until 27 June 2011.  More.

WA – Water – Protection plan for Quickup River dam catchment released – Closed for comment           
The Department of Water has released the Quickup River Dam Catchment Area drinking water source protection plan for comment. Comments have closed. More.

WA – Water – Sandstone water reserve protection plan released – Closed for comment
The Department of Water has released the Sandstone Water Reserve drinking water source protection plan for comment. Comments have closed. More.

WA – Water – Southern Fortescue and Marandoo Water Reserves protection plan released – Open for comment until 6 Jun         
The Department of Water has released the Southern Fortescue and Marandoo Water Reserves drinking water source protection plan for comment. Comment closes 6 June 2011. More.

NZ – Erosion – Draft roadway erosion and sediment control standard released – Open for comment until 1 Jul
The NZ Transport Agency has released the draft erosion and sediment control standard for state highway infrastructure. The standard has been developed to assist construction companies in choosing appropriate sediment and erosion control practices. Comments close 1 July 2011. More.

NZ – Hazardous materials – Agricultural chemicals product labelling code released – Open for comment until 23 Jun

The Environmental Risk Management Authority (ERMA) has released the amended code of practice for the labelling of agricultural and veterinary chemicals. HSNOCOP 9 Product Labelling & Documentation Code for Agricultural Compounds & Veterinary Medicines closes for comment on 23 June 2011. More.

NZ – National Parks – Kauri National Park discussion paper released – Open for comment until 18 Jul
The Department of Conservation has released a discussion paper on the proposed establishment of the Kauri National Park. Comments close 18 July 2011. More.

Pub_Draft

News

Fines and prosecutions

Australia – Biodiversity – Costly repairs for council 
A NSW council will have to spend $100,000 repairing environmental damage caused by unauthorised land clearing at Jerrys Plains Cemetery in the Hunter Valley.  The council allowed the clearing of part of a critically endangered ecological community, protected under national environment law.  Several trees were cut down, and a rip line made through a weed infestation, potentially spreading weeds and diminishing previous weed control efforts. Under a remediation determination, the council is required to manage weeds at the site and prepare a management plan outlining how the cemetery’s native vegetation will be protected.  More.  

Australia – Biodiversity – Rail company to repair environmental damage 
An Australian rail company will have to repair environmental damage caused by unauthorised works at a Conservation Reserve in Western Victoria.  The company cleared a population of the critically endangered spiny rice-flower and part of an endangered ecosystem, both of which are protected under national environmental law.  There was a significant impact to one of the 20 remaining wild populations of spiny rice-flower. The enforceable undertaking requires the company to spend $207,000 on a number of activities. including rehabilitation of the affected area, developing and providing training for staff and contractors, and a study to identify matters of national environment significance along the Melbourne to Adelaide rail corridor. More.  

Australia – Biodiversity – Gas company fined for vegetation clearance
In another incident involving vegetation clearing, a Queensland gas company has been fined $19,800 for unapproved clearing, as part of the construction of a pipeline in far north Queensland.  Up to six kilometres of vegetation was cleared before environmental management plans were approved, in contravention of the pipeline’s approval conditions. More.

Australia – Fuel – Motorists misled over petrol type
A fuel distribution company has been fined $13,200 after misleading motorists about the types of petrol available at two of its NSW service stations.  The company had been selling the same petrol as both unleaded and E10 unleaded 95. The Australian Competition and Consumer Commission (ACCC) has also accepted court-enforceable undertakings from the company’s directors to:

  • not engage in similar misleading conduct
  • implement a trade practices compliance program, and
  • publish a corrective notice in newspapers and at both service stations.

The onsite day-to-day manager of both service stations has provided a separate court-enforceable undertaking not to engage in such misleading conduct at any service station.  More.

NSW – Pollution - Resin spill costs plywood manufacturer $240,000+ 
A plywood manufacturing company has incurred costs of more than $240,000, after resin overflowed from a mixing tank into a wetland. The costs could have been prevented by spending $43,000 on preventative measures, which the company did after the incident (see paragraphs 77-80 of the judgement). More.

VIC – Water – Sewage clean up leads to $60K fine

A maintenance contractor has been fined $60,000 after discharging sewage into a stormwater drain instead of a sewer pit during a clean up.  Approximately 36,000 litres of sewage was discharged into a South Warrandyte creek. A water authority has previously been fined over the spill. More.  

VIC – Water – Council fined for water pollution
A Victorian council has been found guilty of polluting waters. It released poor quality water into the Wimmera River, causing oxygen levels to drop and fish to die.  The council has been required to convene a conference to initiate the development of best practice management options for stormwater feeding into the Wimmera River to ensure this does not happen again, and was also ordered to pay EPA costs of $3,000. More

VIC – Waste – Chemical company counts cost
A Bayswater chemical manufacturer has been fined almost $6,000 and issued with a warning for breaching an EPA notice prohibiting the company from storing chemical and liquid waste near an unprotected stormwater drain.  More.

VIC – Litter – $1,000 fine for littering from car
A man who tossed beer bottles and other rubbish out a car window has been fined $1,000.  More.  

Other news

ACT – Renewable energy - Renewable energy targets announced
On 5 May 2011, the Minister for Energy announced renewable energy targets for the ACT of 15% by 2012 and 25% by 2020. More.

ACT – Waste - Plastic bag ban being phased in
A ban on single-use, plastic shopping bags of 35 microns or less is being phased in from 1 July.  The ban will be effective from 1 November 2011.  More.

NSW – Renewable energy – Update on solar bonus scheme released
The NSW Government closed the feed-in tariff scheme to new applicants on 29 April. Hardship provisions are being negotiated. More.

NT – Waste – Comment on cash for containers invited – Open for comment until 3 Jun

The Territory Government has invited public comment on how the Cash for Containers scheme will be implemented. The scheme aims to increase recycling efforts and reduce waste. Online feedback closes 3 June 2011. More.

QLD – Coastal – Coastal management plan proposed
DERM has announced that the Queensland Government has approved the making of a Queensland Coastal Plan. It is anticipated that the plan will come into effect in mid-2011 along with amendments to the Coastal Protection and Management Act 1995. More.

NZ – Conservation – Department of Conservation releases statement of intent
The Department of Conservation has released its Statement of Intent 2011-2014, detailing the long term direction of the department and management activities for 2011. More.

NZ – EPA – Environmental Protection Authority Act passed by parliament
The Ministry of Environment has announced that the Environmental Protection Authority Act was passed by Parliament on 11 May 2011. The EPA will commence as a standalone authority from 1 July 2011. More.

NZ – Councils – Hawke’s Bay super council proposed
Moves towards a Hawke’s Bay super council have reportedly been proposed. Hasting District Council has requested that a feasibility study is undertaken. More.

 

 

   

 


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.