environmental ohs legal obligations
   

August 2011


Legislation
Upcoming changes


Bills

Publications

News
Fines/prosecutions
Other news

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 – Fuel quality – Ethanol fuel position paper released – Closed for comment
A position paper on setting a fuel quality standard for ethanol (E85) automotive fuel under the Fuel Quality Standards Act 2000 has been released. The position paper proposes fuel quality parameters, lists the proposed test methods that will be used to determine compliance and proposes labelling requirements.  Comments close 29 July 2011.  More

Australia – Packaging – Draft NEPM (Used Packaging Materials) and impact statement released - Open for comment until 22 Aug
A draft National Environment Protection (Used Packaging Materials) Measure 2011 and impact statement have been released for comment.  The NEPM will be effective retrospectively and will take into account all variations made to date.  Comments close 22 August 2011.  More

Australia – Product stewardship – Product Stewardship Bill passed
The Product Stewardship Bill 2011 was passed by the Federal Parliament on 22 June 2011.  The legislation provides a framework to manage the environmental, health and safety impacts of products, particularly the impacts of product disposal. This framework will allow for different products and materials to be covered over time.  A list will be published each year of products being considered for coverage under the legislation.

The first scheme to be established under the legislation will be a national, industry-led television and computer recycling scheme. Regulations to underpin this scheme are being developed following a public consultation process.  More

QLD – Chemicals – Dangerous Goods Act to be repealed
The Work Health and Safety Bill 2011 will repeal the Dangerous Goods and Safety Management Act. A commencement date has not been announced. View Bill.

QLD – Waste – New Waste Disposal Levy for landfill operators in place – Closed for comment
A new waste disposal levy will now commence on 1 December 2011. It was scheduled to be released by the Department of Environment and Resource Management (DERM) on 1 July 2011. This levy is aimed at encouraging waste avoidance, resource recovery, and reducing unnecessary landfill disposal and has implications for landfill operators. Comments have closed. More

SA – Waste – Waste policy amendment consultation commences – Open for comment until 31 Aug
The EPA is seeking comment on a proposed amendment to the Environment Protection (Waste to Resources) Policy 2010. The amendment will exclude some Council kerbside-collected waste from resource recovery requirements of the Policy. It will apply to certain rural areas of the Adelaide Hills Council, where a recyclables service is provided.  Comments close 31 August 2011.  More

TAS – Agricultural chemicals – Draft regulations released – Closed for comment
The draft Agricultural and Veterinary Chemicals (Control of Use) Regulations 2011 have been released for public comment.  The draft regulations aim to help ensure the safe use of pesticides in aerial and ground spraying.  Comments have closed.  More

VIC – Policies – Statutory policy framework discussion paper released – Open for comment until 19 Aug
EPA and the Department of Sustainability and Environment (DSE) are jointly reviewing the framework for statutory policies (State Environment Protection Policies (SEPPs) and Waste Management Policies (WMPs)) under the Environment Protection Act 1970.  The review examines the statutory policy framework - its function, structure, content, effectiveness and management.  A discussion paper has been prepared.  Comments on the discussion paper close 19 August 2011. More.

VIC  – Water – POWBONS Regulations review discussion paper released – Closed for comment
EPA and the Department of Transport (DOT) are currently conducting a review of the Pollution of Waters by Oil and Noxious Substances Regulations 2002.  These regulations currently prescribe, among other things, requirements for notifying and reporting incidents involving oily discharges from ships into Victorian State waters.  Comments close 1 August 2011.  More.

 

Bills before Parliament

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

QLD
Water and Other Legislation Amendment Bill 2011

WA
Water Services Bill 2011

Publications - Draft

QLD – Biodiversity – Draft strategy released – Closed for comment
The Department of Environment and Resource Management (DERM) has released a 10 year draft strategy, Building Nature’s Resilience: A Draft Biodiversity Strategy for Queensland for comment. It details the state’s biodiversity conservation plan.. Comments have closed. More.

QLD – Water – Baffle Creek resource operations management plan released - Open for comment until 5 Aug

The Department of Environment and Resource Management (DERM) has released the Baffle Creek Basin Draft Resource Operations Plan and summary document for comment. The plan proposes the rules that will implement the Water Resource (Baffle Creek Basin) Plan 2010. Comments close on 5 August 2011. More.

WA – Forestry – Amendment made to forest management plan – Open for comment until 5 Aug
The DEC has released amendments to the Forest Management Plan 2004-2013 for public comment. Changes to the plan include increasing the availability of karri bole logs. Comments close on 5 August 2011. More.

WA – Water – Hardy Inlet improvement plan released – Open for comment until 31 Aug
The Department of Water has released the Hardy Inlet Water Quality Improvement Plan: Stage One the Scott River Catchment for comment. Comments close on 31 August 2011. More.

NZ – Bunding – Code of practice for secondary containment released – Closed for comment
The EPA has released a code of practice for secondary containment for comment. Comments have closed. More.

Pub_Draft

News

Fines and prosecutions

Australia – Biodiversity – Fines for clearing endangered ecosystem
A landowner, and the contractor who undertook the work, have each been fined $3,300 after clearing 30 hectares of the endangered ecological community, known as Weeping Myall Woodlands, at Warren in the NSW Central West.  More.

NSW – Biodiversity - Clearing by contractor doesn’t absolve responsibility; land owner fined $200,000 plus costs
A developer has been fined $200,000, plus costs, after engaging a contractor to remove small and recent undergrowth. When prosecuted for failing to obtain development consent to remove seven species of native vegetation , the developer blamed the contractor.  In rejecting this defence, the Land and Environment Court said that, ‘The objects and purpose of the Native Vegetation Act 2003 are not served by landowners absolving themselves of responsibility by hiring contractors, whether or not the contractors hold themselves out as specialists, to undertake the clearing.’ More.

TAS – Waste – Fines for waste dumping
Two men have been fined $650 each for dumping rubbish and ordered to return to clean up the litter. One man, from the north-east, dumped household waste, including domestic white-goods, on a Forestry Tasmania site.  In the other case, a Cremorne man was caught dumping green waste on the Tangara Trail on Hobart’s eastern shore.  More.

VIC – Air – $600,000 to fix odour problems
A West Footscray oilseed crushing plant has agreed to spend more than $600,000 over the next three years to fix odour issues at its site, under an Enforceable Undertaking with EPA.  More.

VIC – Waste – Briquette company convicted over coal sludge
A Morwell coal briquette company has been convicted of depositing industrial waste after discharging coal sludge into the Morwell Main Drain. The company was ordered to pay $75,000 to the Gippsland Climate Change Network Inc and was also ordered to pay EPA’s costs of $17,500.  More.

VIC – Waste – Waste dumping costs construction company $18,000
A Laverton North civil engineering company was fined $5,841 and required to pay $13,000 in clean up costs after dumping multiple truckloads of industrial waste on vacant land in Laverton North.  The waste included household rubbish, green waste, concrete and bitumen. More.

VIC – Waste – Fines for dumping industrial waste
A Hamilton man who dumped more than 150 cubic metre bins of waste plaster on the site of a former Hamilton sawmill has been convicted and fined $10,000 and ordered to pay EPA costs of more than $5,000. The landowner and his company were also fined $5,000 each and ordered to pay costs of more than $5,000 for permitting the waste to be dumped on the property.  More.

VIC – Waste – Earthmoving company fined
A Leitchville earthmoving company has been fined almost $6,000 for using a vacant paddock to dump domestic and industrial waste.  More.

VIC – Water – Councils fined for wastewater discharges
A Victorian council has been fined almost $6,000 for discharging contaminated stormwater from an Eaglehawk landfill into a tributary of the Maiden Gully Creek.  More. Another Victorian Council has been fined nearly $6,000 after it allowed contaminated liquid to run off its landfill site at Alexandra.  More.

VIC – Water –Sediment discharge costs road construction company
A Highton road construction company has been fined $6,000 after bridge maintenance works they were undertaking resulted in the discharge of sediment to Mount Emu creek near Ballarat.  More.

VIC – Water – Poor storage results in Licence breach
A major chemical company has been fined nearly $6,000 for inappropriately storing chemicals and wastes at its Laverton site, creating a risk of discharge to stormwater or land.  More.

Other news

ACT – Electricity feed-in tariffs changed
The ACT electricity feed-in tariff scheme closed the day after it was offered, due to overwhelming demand for the available cap.  More

NSW – Land - Development assessment to be decentralised

Under new legislation, the Minister for Planning and the Department of Planning will have a reduced role in assessing and determining many development applications. The Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 (uncommenced as at 26 July 2011) will mean that local Councils will assess more project proposals.  Changes have also been made to the operation of Planning Assessment Commission and Joint Regional Planning Panels. More.  

NSW – General - New law prohibits success fees for lobbyists

The newly-proclaimed Lobbying of Government Officials Act 2011 prohibits the payment of success fees to certain lobbyists of politicians and government officials.  More

NSW – Climate change - IPART paper on greenhouse gas and energy savings schemes released

The Independent Pricing and Regulatory Tribunal of NSW has released a summary and assessment of NSW’s two major climate change abatement schemes. . These schemes, the Greenhouse Gas Reduction Scheme and the Energy Savings Scheme, focus on electricity generation and consumption. More.

NT – Waste – Cash for Containers legislation passed

The Environment Protection (Beverage Containers and Plastic Bags) Act 2011 has been passed by the Legislative assembly. The Cash for Containers scheme, aimed at reducing waste and increasing recycling, will commence by late 2011. More.

NT – Waste – Phase-out period for plastic bags commenced
A four month phase-out period of the plastic bag ban has commenced. From 1 September 2011, Territory retailers will no longer be able to supply lightweight, “checkout” style plastic bags, including degradable bags. 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.