Tax Laws Amendment (2007 Measures No. 6) Bill 2007
The 23 November 2007 edition of Environment Quarterly reported the automatic lapsing, following the dissolution of the House of Representatives for the federal election, of the Tax Laws Amendment (2007 Measures No. 6) Bill 2007. The Bill had proposed to provide a temporary full deduction until 2011–12 for capital expenditure on the establishment of trees in carbon sink forests, as announced in the then Coalition Government’s 2007–08 Budget.
Substantially, the same measures are included in the Tax Laws Amendment (2008 Measures No 1) Bill 2008 which has passed the House of Representatives and is currently before the Senate.
Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008
The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 (UPSS Regulation) commences on 1 June 2008. The UPSS Regulation is made under the Protection of the Environment Operations Act 1997.
The person responsible for a UPSS will be required to have in place:
- a system for detecting and monitoring leaks
- groundwater monitoring wells at sensitive locations and a program to test them
- an Environment Protection Plan for the facility, and
- systems in place for record keeping, reporting of leaks and notifying the local council when a UPSS is decommissioned.
Environment Protection Amendment (Landfill Levies) Bill 2008
The purpose of the Environment Protection Amendment (Landfill Levies) Bill 2008 is to:
- phase out disposal of hazardous waste to landfill, and
- facilitate the development and uptake of alternative waste treatment technologies.
These objectives will be achieved by increasing landfill levies for Category B and C industrial waste disposal. Category B waste (which includes waste from manufacturing industries and contaminated soils) will be increased from $130 per tonne to $250 per tonne and Category C waste (which includes waste which poses a lower hazard) will be increased from $50 per tonne to $70 per tonne.
This initiative forms part of the state government’s strategy to reduce the amount of hazardous waste going to landfill by 20,000 tonnes annually.
The levy money (estimated to be $30 million over the next four years) will be reinvested through the EPA’s HazWaste Fund, which invests in the research, development and uptake of alternative industrial waste treatment technologies.
Commercially, this Bill is intended to facilitate the market development of alternative waste treatment and disposal technologies. It also signals the tightening of controls placed on landfills in Victoria.
The Bill had a second reading in the Legislative Assembly 12 March 2008 and is scheduled to commence on 1 July 2008.
Port Services Amendment (Public Disclosure) Bill 2008
The Port Services Amendment (Public Disclosure) Bill 2008 proposes to introduce an additional reporting requirement on the Port of Melbourne Corporation (POMC) during the Port Phillip Bay channel deepening project. Under the Bill, the POMC will be required disclose all results of its environmental management plan (EMP) compliance testing. Results must be published on the internet within one day of data collection, along with the relevant standards contained in the EMP.
The Bill is a response to concerns from some sectors of the community about a perceived lack of transparency during the channel deepening process. It signals an approach that the Victorian Government may to take to future controversial major project developments.
The Port Services Amendment (Public Disclosure) Bill 2008 is currently under consideration in the Legislative Assembly.
Vegetation Management Amendment Act 2008 (QLD)
The Vegetation Management Amendment Act 2008 (QLD) (Amendment Act) was enacted on 28 February 2008.
The Amendment Act amends the Vegetation Management Act 1999 (QLD) (VM Act) by inserting a new Division 7A that relates to the declaration of the classes of regional ecosystems. These provisions identify the matters of which the Minister must be satisfied before recommending to the Governor in Council that a regulation be made to declare the classification. However, the provisions also state that a failure to consider these matters will not invalidate the regulation.
Other provisions of the Amendment Act provide that classifications recorded in the Vegetation Management Regulation 2000 (QLD) (VM Regulation) for any period during the operation of the VM Act are valid for the purposes of the VM Act. These retrospective provisions would override any challenge made in relation to the validity of the classifications listed in the VM Regulation.
Water Fluoridation Act 2008 (QLD)
The Water Fluoridation Act 2008 (QLD) (WF Act) was passed by Queensland Parliament on 13 March 2008.
The purpose of the WF Act is to promote good oral health in Queensland by the safe fluoridation of public potable water supplies. The WF Act requires the fluoridation of all potable water supplies that provide potable water to at least 1000 members of the public. The WF Act also establishes the Queensland Fluoridation Committee and sets out arrangements for compliance, monitoring, enforcement and legal proceedings.
Water Resource (Burnett Basin) Amendment Plan (No. 1) 2007 (QLD)
The Water Resource (Burnett Basin) Amendment Plan (No. 1) 2007 (QLD) (Amendment Plan) amends the Water Resource (Burnett Basin) Plan 2000 (QLD) (Plan).
The Amendment Plan provides a framework for the allocation and sustainable management of groundwater in the Coastal Burnett groundwater management area to meet future water requirements.
The Amendment Plan commenced on 30 November 2007.
Conservation and Land Management Amendment Regulations 2007
The Conservation and Land Management Amendment Regulations 2007 (WA) commenced on 30 January 2008 and amend the Conservation and Land Management Regulations 2002 (WA).
Regulation 81 (which outlines the purposes for which reserves can be used) was amended to include the location of certain infrastructure as a permitted purpose.
Environment Protection (Board of Authority) Amendment Bill 2008
The Environment Protection (Board of Authority) Amendment Bill 2008 aims to make the South Australian Environment Protection Agency (EPA) more independent.
The Bill modifies the role of the EPA Chief Executive Officer (CEO) to make them a non-voting member of the EPA Board. This means that the CEO will still be a member of the Board (and primarily responsible for giving effect to the Board’s policies and decisions), but will no longer have any right to vote on the content of those polices or decisions.
This Bill has had its second reading speech before the Legislative Council and is currently before the House of Assembly. If the Bill is passed, the new statutory structure is intended to result in a more independent (and more rigorous) environmental regulatory body in South Australia.
Electricity (Feed in Scheme – Residential Solar Systems) Amendment Act 2007
The Electricity (Feed in Scheme – Residential Solar Systems) Amendment Act 2007 aims to facilitate decentralised energy generation by creating an electricity ‘feed-in scheme’ for residential operators of small-scale grid-connected photovoltaic electricity systems.
The Act allows residents to feed electricity produced from their residential photovoltaic solar system into the grid. Generators can receive a 44 cent per kilowatt-hour rebate for all electricity fed back to the grid.
The Act is expected to have a significant impact on the uptake of solar power in South Australia. Further, the South Australian Government expects the Act to generate significant carbon emission offsets as a result of a decentralised approach to power generation.
None this quarter.
Local Government Bill 2008 (NT)
The Local Government Bill 2008 (NT) (LG Bill) was introduced and received its second reading speech in parliament on 21 February 2008. The LG Bill will repeal the Local Government Act 1993 (NT), though many of the provisions of the original Act are incorporated in the new legislation. In addition, the LG Bill establishes a new framework for the function, structure and administration of local governments in the Northern Territory.
Planning and Development Regulations 2008
The Planning and Development Regulations 2008 were made under the authority of the Planning and Development Act 2007 and are due to have a significant impact on environmental assessment procedures in the ACT. Amongst other things, the new regulations:
- regulate the procedure and content of strategic environmental assessments
- provide a schedule which outlines the nature of developments that are exempt from environmental assessment
- regulate the procedure dealing with ACT development applications
- regulate the procedure and content environmental impact statements, and
- outline the requirements and procedure of a planning inquiry panel.
The new regulations will mean that assessment procedures in the ACT are homogenised. The regulations are now in force, receiving assent on 31 March 2008.
More information
For information regarding possible implications for your business, contact a member of the Environment & Planning team.