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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.
This bulletin is current as at 14 November 2011.
Legislation
- Upcoming changes
Australia – Chemicals – NICNAS review calls for public submissions - Open for comment until 14 Dec
The review of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) has commenced. The review is investigating how regulation of industrial chemicals can be improved to achieve better public and environmental health outcomes, and enhance the competitiveness of the Australian chemical industry. Comments close 14 December 2011. More.
Australia – Energy – Draft Renewable Energy Regulations released for comment – Closed for comment
The Commonwealth Government has released an exposure draft of the Renewable Energy (Electricity) Amendment Regulations 2011. The draft regulations exclude native forest biomass as an eligible renewable energy source under the Renewable Energy Target scheme. Comments have closed . More.
ACT – Rental accommodation - Minimum energy and water efficiency standards proposed
In 2013 and 2014, the ACT Government is proposing to introduce minimum water and energy efficiency standards for dwellings offered for rental accommodation. This is part of the Residential Tenancies (Minimum Housing Standards) Amendment Bill 2011. View Bill.
ACT – Renewable energy - Feed-in tariff for large-scale renewable electricity generation proposed
The ACT Government proposes to encourage the generation of up to 210MW of additional electricity from renewable sources through the grant of feed-in tariff entitlements. This is part of the Electricity Feed-In (Large Scale Renewable Generation) Bill 2011. View Bill.
NSW – Pollution – Incident reporting obligations to be tightened
The Government has enacted changes to the Protection of the Environment Operations Act to require people to notify authorities of certain incidents more promptly. Currently, the Act requires pollution incidents that cause or threaten material harm to be notified ‘as soon as practicable’. However, in response to an incident where 16 hours passed between the plant becoming aware of the incident and the EPA being notified, the Government is now proposing that:
- licensees and occupiers will have to notify relevant incidents as soon as they become aware of them, will have to notify more authorities (including the EPA, the local council, the Ministry of Health, WorkCover, and Fire and Rescue), and will have to update those authorities as more relevant information is learnt
- where an environment protection licence requires monitoring data to be collected, the licensee will have to make monitoring data that relates to pollution available to the public within 14 days of the data becoming available. Licensees will have three months from commencement to publish pollution data
- the maximum potential penalty for not notifying certain pollution incidents will be $2 million.
The changes come under the Protection of the Environment Legislation Amendment Act 2011 and are uncommenced as at 17 November 2011. View Bill.
NSW – Pollution – More stringent requirements to commence
The Protection of the Environment Legislation Amendment Act 2011 (uncommenced as at 17 November 2011) also:
- increases the maximum penalty for most pollution offences fivefold, to $1.1M
- requires each holder of an environment protection licence to prepare and test a pollution incident response management plan. Licensees will have six months from commencement to prepare and test a pollution incident response management plan
- allows the EPA to order a mandatory environmental audit in more circumstances, namely where it reasonably suspects that an occupier is carrying on an activity in an environmentally unsatisfactory manner
- allows the EPA to order health and environmental risk analyses where it reasonably suspects that a pollution incident has occurred or is occurring, and to recover the costs from the occupier or polluter. View Bill.
NSW – Review of native vegetation regulations
Regulations under the Native Vegetation Act 2003 are currently under review. An online survey of landowners’ experiences under the current regulations is open until 30 March 2012. More.
VIC – Water – Model Water Restriction By-law released for comment – Comments have closed
The Victorian Government has released a proposed Model Water Restriction By-law which sets out the water restrictions for Victorian water corporations. Comments have closed . More.
VIC – Air – Vehicle Emissions discussion paper released – Open for comment until 12 Dec
The Environment Protection (Vehicle Emissions) Regulations 2003 are due to sunset on 29 January 2013. The EPA and the Department of Sustainability and Environment are undertaking a review of the Regulations to determine whether they should be remade and, if so, how they can most effectively regulate motor vehicle emissions, noise and fuel. The release of this discussion paper is a key first step in the review. Comments close 12 December 2011. More.
VIC – Climate change – Climate Change Act under review – Open for comment until 28 Nov
The Victorian Government has announced a review of the Victorian Climate Change Act 2010. Comments close 28 November 2011. More.
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Bills before Parliament
The Bills (draft Acts) listed below are being considered by Parliament, as at 14 November 2011. Only major environmental Bills of the Government, or likely to be supported by the Government, are listed.
Australia
Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill 2011
Environment Protection & Biodiversity Conservation Amendment (Protecting Australia’s Water Resources) Bill 2011
ACT
Electricity Feed-In (Large Scale Renewable Generation) Bill 2011
Residential Tenancies (Minimum Housing Standards) Amendment Bill 2011
NSW
Protection of the Environment Legislation Amendment Bill 2011
Heritage Amendment Bill 2011
Home Building Amendment Act 2011 (passed but many provisions uncommenced)
Plumbing and Drainage Bill 2011
QLD
Biosecurity Bill 2011
Environmental Protection (Greentape Reduction) and Other Legislation Amendment Bill 2011
Strategic Cropping Land Bill 2011
WA
Litter Amendment Bill
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Publications - Draft
NSW - Coal mines – Guidelines on control of particulates released
The Office of Environment and Heritage has issued best practice guidelines on the control of particulate emissions from coal mining. More.
NSW – Climate change – Impacts on biodiversity and soils assessed
The Office of Environment and Heritage has published technical papers on the potential impacts of climate change on biodiversity and soils. View biodiversity paper. View soils paper.
VIC – Landfill – Draft monitoring guidelines for landfill gas fugitive emissions released – Closed for comment
The EPA has released the Draft Landfill Gas Fugitive Emissions Monitoring Guidelines. The draft guidelines are designed to be read in conjunction with the Best Practice Environmental Management publication, Siting, design, operation and rehabilitation of landfills. Comments have closed. More.
VIC – Fire – Code of Practice for Fire Management on Public Land under review – Open for comment until 9 Dec
The Code of Practice for Fire Management on Public Land establishes a framework for fire management (including planned burning and bushfire response) on Victoria’s public land, and is currently under review. Comments close 9 December 2011. More.
WA – Forestry – Three year indicative timber harvest plan released – Open for comment until 7 Dec
The DEC has released the three year (2011 - 2013) indicative timber harvest plan for the Swan, South West and Warren regions for comment. Comments close 7 December 2011. More.
WA – Marine – Proposed Eighty Mile Beach Marine Park plan released – Open for comment 20 Jan 2012
The DEC has released an indicative management plan for the proposed Eighty Mile Beach Marine Park for comment. Comments close 20 January 2012. More.
WA – National Parks – Tuart Forest National Park draft management plan released – Open for comment until 23 Dec
The DEC has released the Tuart Forest National Park draft management plan for comment. This is the first management plan for the area which includes part of the Ramsar-listed Vasse-Wonnerup wetlands. Comments close 23 December 2011. More.
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News
Fines and prosecutions
Australia – Biodiversity – Coal company to pay $1.45 million
A Lithgow coal mining operation will pay $1.45 million towards a research program after causing damage to a nationally threatened ecological community. The company was found to have caused a significant impact on the endangered Temperate highland peat swamps on sandstone ecological community. The mining activities caused a loss of ecosystem function, shown by loss of peat, erosion, vegetation dieback and weed invasion in three swamps. It also caused the formation of a large slump hole, several metres wide and more than one metre deep, at the East Wolgan swamp. More.
NSW – Neighbour obtains court orders to limit water and noise pollution
Any person (not just the EPA or the local council) can bring proceedings to restrain a breach of the pollution legislation, as illustrated by a recent case. A neighbour to a hard rock quarry obtained orders relating to improved water pollution control (additional sumps to capture run-off) and noise abatement (construction of a 3m noise barrier). More 1. More 2.
NSW – Environment group wins case over cooling tower ‘blowdown’ discharges
As a result of proceedings brought by an environment group in the Land and Environment Court, an electricity company has been required to apply for an amendment to its licence and undertake a pollution reduction program. It was discharging salts and heavy metals from a power station’s cooling towers into Sydney’s drinking water catchment, which was not permitted under its environment protection licence. More.
NSW – Management order over land contamination from 1974 settled
The terms of a management order in relation to significantly contaminated land used for dry cleaning since 1974 have been settled by the Land and Environment Court. The order requires investigation, monitoring and remediation over many years, and illustrates the ongoing expense that can follow from land contamination. More.
SA – Water – Water company fined
A water company has been fined $2,475, plus EPA costs of $4,070, for discharging 800 kilolitres of waste water from the Anstey Hill Water treatment plant into Dry Creek. More.
TAS – Waste – Various fines issued
A number of companies have been fined in Tasmania:
- a Somerset company fined $1,300 for incinerating hydraulic oil
- a Bell Bay metal recycling company fined $650 for the inappropriate disposal of waste tyres
- a Triabunna fish processing company fined $1,300 for dumping fish oil waste into coastal waters
- a southern Tasmania wood veneer mill fined $1,300 for contravening conditions of an environment protection notice in relation to the transport and incineration of wood waste
- a southern Tasmanian paper mill fined $650 for contravening a requirement of an environment protection notice in relation to disposal of solid waste
- a southern Tasmanian council fined $650 for discharge of landfill leachate
- a chemical processing company fined $650 for discharging process water into the Macquarie River
- a northern Tasmanian mining and extractive company fined $650 for the escape and deposit of material onto a public road
- a southern Tasmanian ceramic works company fined $1,300 for smoke emissions
- a southern Tasmanian council fined $1,300 for discharging wastewater contaminated with litter bin waste to stormwater drains
- a northern Tasmanian waste management company fined $520 for allowing litter to escape.
More – click here and go to p. 29.
VIC – Air/water – Rendering plant fined
A Brooklyn rendering facility has been fined $50,000, plus costs of almost $14,000, for releasing offensive ‘rotten meat’ odours, and discharging tallow (an animal- derived fat) to Kororoit Creek. More.
VIC – Various fines issued
A number of companies have been fined nearly $6,000 in Victoria:
- a Victorian council, for failing to adequately cover waste with soil at its Hamilton landfill. More.
- a Clayton paint manufacturer for failing to meet its Environment and Resource Efficiency Plan (EREP) obligations. It is the first company to be fined for this issue. More.
- a Brooklyn demolition waste recycling business for disposing of waste inappropriately by burning industrial waste on its premises. More.
- a Silvan jam and food processing factory, after it failed to comply with requirements to store drums of hydraulic and lubricating oil in a way that protects the local waterway. More.
- a Dandenong glass recycling company, for not managing its site appropriately. More.
- a Bayswater North polystyrene manufacturer, for dumping industrial waste after allowing beads of polystyrene foam to find their way into the environment. More.
- an Allansford dairy processer, after the company was found to be in breach of its EPA licence for having elevated air emissions of particles and for failing to notify EPA about these levels. More.
WA – Fire – DEC and FESA sign Heads of Agreement to jointly manage bushfire
The DEC and the Fire and Emergency Services Authority (FESA) have signed and released a Heads of Agreement for their partnership and statement of intent to jointly manage bushfire services in Western Australia. More.
NZ – Discharge – Dairy company fined
A New Zealand dairy company has been fined a total of $2,000 for two illegal discharges. It discharged wastewater containing milk onto land and into water from its site in Tauranga. More.
NZ – Use of groundwater - Horticultural cropping business prosecuted
A New Zealand horticultural cropping business and its Director were each fined $10,000 for taking groundwater and using it for the irrigation of crops without a resource consent at their Yaldhurst site . An area of the environment created to preserve and manage the quality of Christchurch drinking water was affected. More.
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Other news
Australia - Airports – Environment Essentials at recent AAA Convention
Environment Essentials recently attended the Airports Association Australia (AAA) Convention in Brisbane, to learn more about HSE issues affecting airports. We are considering summarising Civil Aviation Safety Authority (CASA) legislation, which is specifically applicable to airports and aerodrome operators. The legislation covers issues such as aerodrome certificates, aeronautical telecommunication services and operation and maintenance.
If the CASA legislation is relevant to your operations, please register your interest by contacting us.
Australia - Mining – Environment Essentials at SD2011 conference
Environment Essentials was also at the Sustainable Development conference in Mackay in October. Highlights included inspirational presentations by sustainability advisors Paul Gilding and Paul Hawken. It was also exciting to hear businesses present some innovative solutions to various sustainability challenges.
Environment Essentials exhibited new legal compliance services, including RoleLink. RoleLink is an on-line service that enables legal obligations to be linked to individual roles in any organisation. It has been designed so that you can see obligations specific to a role within your organisation, and also filter these obligations by topic and legislation name. If this service is of interest to you, please contact us.
We look forward to next year’s event in Bangkok, Thailand.
QLD – Waste – New waste disposal levy for landfills
The waste disposal levy for landfills mentioned in the August 2011 Bulletin will now commence on 1 December 2011, due to the commencement of the Waste Reduction and Recycling Act 2011. This levy is aimed at encouraging waste avoidance, resource recovery, and reducing unnecessary landfill disposal. More.
QLD - Littering - Opportunities to report littering and illegal dumping now in place
Members of the public can now report littering and illegal dumping from a vehicle or vessel. This follows the introduction of the Waste Reduction and Recycling Act 2011. This initiative will help minimise waste hazards on the environment. More.
NZ – Environment Essentials at SOLGM conference
Environment Essentials recently attended the Society of Local Government Managers (SOLGM) Conference in Rotorua, November 6 - 8. The aim of the conference was to get local government managers together from around New Zealand to discuss various topics affecting regional councils. Key note speakers included Sir Ray Avery, Jonar Nader and Nigel Latta. Barry Harris, former Director of Fonterra Milk Supply, now Chief Executive of Hamilton City Council, offered interesting insight, comparing the different management approaches between private and public administration.
Exhibitors, including Environment Essentials, showcased solutions to some of the environmental and OHS challenges being experienced by local government. We look forward to assisting our new SOLGM acquaintances in the future. Next year’s event will be held in Auckland.
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