Environment and Heritage Legislation Amendment Act 2006
The Environment and Heritage Legislation Amendment Act 2006 (amending Act) amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The amending Act was assented to on 12 December 2006 and is currently awaiting proclamation.
Under the amending Act certain approval processes are streamlined for the purpose of reducing processing time including:
- protected species permits will be granted without an additional assessment process
- the minister can make declarations that certain actions or classes of actions do not require the minister’s approval under Part 9 of the amending Act, and
- conservation agreements can authorise actions or classes of actions which will not require approval under Part 9.
The amending Act strengthens the enforcement provisions of the EPBC Act by applying for strict liability to a range of offences under the EPBC Act. This means that the prosecution does not have to show that a person charged with an offence knew or was reckless to a particular fact, and will make the prosecution of these offences easier.
The amending Act also introduces a new set of reduced penalties that can be imposed by the minister without the need for the prosecution of breaches in court. These reduced penalties are designed to make it easier to punish minor breaches of approval conditions, and allow the remediation action to be taken quickly where items of national environmental significance have been damaged. Alternatively, if remediation is not possible, voluntary compensatory actions and financial contributions can be imposed to offset the impacts of the developments.
The amending Act abolishes section 478 of the EPBC Act, which allows the court to require an applicant seeking an injunction against a development to give an undertaking as to damages. This amendment is likely to act as a disincentive for people seeking injunctions under the EPBC Act.
The amending Act also extends the Federal Court’s power to make remediation orders. Under a new Division 14A the court is able to make a remediation order without the need to grant an injunction.
Additionally, the amending Act enables:
- a world heritage area to be automatically listed on the National Heritage register without a further assessment or approval process, and
- a list of overseas places of historic significance to be established.
Environmental Planning Legislation Amendment Act 2006
The Environmental Planning Legislation Amendment Act 2006 (amending Act) amends the Environmental Planning and Assessment Act 1979 (Act) and was assented to on 4 December 2006 and is currently awaiting proclamation.
The amending provisions concern the certification of development, development contributions and major projects. The amending Act alters the power of the minister to declare projects under Part 3A (Major infrastructure and other projects) and provides that a planning agreement cannot exclude the application of section 94 (Contribution towards provision or improvement of amenities or services) or section 94A (Fixed development consent levies) of the Act.
Crown Lands Legislation Amendment (Carbon Sequestration) Act 2006
The Crown Lands Legislation Amendment (Carbon Sequestration) Act 2006 (Act) was assented to on 2 November 2006. The Act enables the granting of carbon sequestration and additional forestry rights by the relevant ministers in relation to Crown land.
State Development and Other Legislation Amendment Act 2006
The State Development and Other Legislation Amendment Act 2006 (amending Act) was passed on 28 November 2006.
The amending Act amends the State Development and Public Works Organisation Act 1971 to introduce a new Part 5A, which:
- allows the coordinator-general to minimise delays in the assessment and decision stages of certain projects by either assuming the role of decision maker in relation to a project, or requiring the decision maker to make a decision in a prescribed time period
- allows the coordinator-general to seek a voluntary environmental agreement from the proponent of a prescribed project, or to impose conditions on the project as a means of preventing, controlling or mitigating its environmental impacts, and
- provides for the appointment of more than one deputy coordinator-general to ensure that there are sufficient administrative and operational resources to meet the increased workload.
The primary aim of Part 5A is to prevent delays in the delivery of a number of significant water infrastructure projects.
The amending Act also makes a number of amendments to the Integrated Planning Act 1997 in relation to compulsory land acquisition procedures.
Wild Rivers and Other Legislation Amendment Act 2006
The Wild Rivers and Other Legislation Amendment Act 2006 (amending Act) commenced on 7 December 2006.
It amends the Wild Rivers Act 2005 to remove restrictions on essential and low-impact development in wild river areas by allowing:
- residential complexes in high preservation areas (HPAs)
- essential urban infrastructure in HPAs
- clearing of regrowth on freehold and indigenous land in HPAs
- low-impact mineral exploration in HPAs
- mining in HPAs and nominated waterways, and
- the allocation of new quarry materials, in line with criteria.
The amending Act also makes minor amendments to a number of other pieces of legislation, including the Coastal Protection and Management Act 1995, the Environmental Protection Act 1994 and the Vegetation Management Act 1999.
Nuclear Facilities Prohibition Bill 2006
The Nuclear Facilities Prohibition Bill 2006 (Bill) was introduced to the Legislative Assembly on 29 November 2006.
The object of the Bill is to prohibit the building of nuclear facilities in Queensland, including uranium enrichment plants, nuclear power stations and nuclear waste sites. The Bill does not propose to ban uranium mining or exploration in Queensland.
Nature Conservation Amendment Act 2006
The Nature Conservation Amendment Act 2006 was assented to on 10 November 2006 and aims to restrict any recreational hunting of native ducks or native quails in Queensland.
State Development and Public Works Organisation Amendment Regulation (No 3) 2006
The State Development and Public Works Organisation Amendment Regulation (No 3) 2006 (amending Regulation) commenced on 29 September 2006.
The amending Regulation amends the State Development and Public Works Organisation Regulation 1999 to incorporate the state government’s new drought contingency projects. It defines the ‘project works’ to be completed as part of the drought contingency measures, which include the Gold Coast desalination facility, the Southern Regional Water Pipeline and the Northern Pipeline Inter-connector. The amending Regulation also directs local bodies and service providers to undertake particular project works as part of the drought contingency program.
Water Amendment Regulation (No 7) 2006
The Water Amendment Regulation (No 7) 2006 (amending Regulation) commenced on 27 October 2006, amending the Water Regulation 2002.
The amending Regulation:
- permits the destruction of vegetation in a watercourse, and excavating or placing fill in a watercourse in certain circumstances
- requires the chief executive to publish certain water entitlements (‘announced entitlements’) on the Department of Natural Resources and Water’s website
- allows annual entitlements to be calculated for part of a water management area
- requires a party who wishes to take or interfere with sub-artesian water in the Fraser Island sub-artesian area to hold a water entitlement, and
- makes other minor amendments.
Contaminated Sites Act 2003
The Contaminated Sites Act 2003 commenced on 1 December 2006. The Act is the only Australian contaminated sites legislation that provides for a publicly available database which lists sites confirmed to be contaminated in Western Australia and that requires polluters to pay for the clean up of a contaminated site.
The government has set aside $3.9 million to cover the cost of remediating sites for which no liable party can be found.
The public database of Western Australian contaminated sites is available at the Department of Environment and Conservation website.
Swan and Canning Rivers Management Act 2006 and Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006
The Swan and Canning Rivers Management Act 2006 (Act) and the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 (transitional Act) received assent on 6 October 2006. The Act and the transitional Act have not yet been proclaimed.
The Act consolidates and replaces the regimes of the Swan River Trust Act 1988 and the Environmental Protection (Swan and Canning Rivers) Policy Approval Order 1997. The Act will:
- establish the Swan Canning Riverpark
- establish the Swan River Trust
- enable ecological and community benefit targets to be set for the Riverpark
- enable binding river protection notices to enhance enforcement provisions, and
- set out procedures for considering applications for development in controlled areas of the Riverpark.
The transitional Act repeals the Swan River Trust Act 1988 and the Environmental Protection (Swan and Canning Rivers) Policy Approval Order 1997, and makes other consequential amendments.
Electricity Industry (Western Australian Renewable Energy Targets) Amendment Bill 2005
The Electricity Industry (Western Australian Renewable Energy Targets) Amendment Bill 2005 passed the Legislative Council on 26 October 2006 and is currently awaiting assent.
The Bill proposes to amend the Electricity Industry Act 2004 to impose a condition on retail licences to sell electricity in the south-west which requires the retailer to acquire a certain target level of electricity from renewable energy sources.
Wildlife Conservation (Rare Flora) Notice 2006(2) and Wildlife Conservation (Specially Protected Fauna) Notice 2006(2)
The Wildlife Conservation (Rare Flora) Notice 2006(2) (Rare Flora Notice) and the Wildlife Conservation (Specially Protected Fauna) Notice 2006(2) (Specially Protected Fauna Notice) have been made under the Wildlife Conservation Act 1950. The Rare Flora Notice and the Specially Protected Fauna Notice revoke the Wildlife Conservation (Rare Flora) Notice 2006 and the Wildlife Conservation (Specially Protected Fauna) Notice 2006, respectively.
The Rare Flora Notice and the Specially Protected Fauna Notice list the current rare flora and specially protected fauna. The listed rare flora and specially protected fauna link to the offences under the Wildlife Conservation Act 1950.
Forest Management Amendment Regulations 2006
The Forest Management Amendment Regulations 2006 (amending Regulations) replace references to the Department of Land Administration with the Minister for Lands in the Forest Management Regulations 1993. The amending Regulations commenced on 1 January 2007.
Forest Property (Carbon Rights) Act 2006
The Forest Property (Carbon Rights) Act 2006 (Act) amends the Forest Property Act 2000. The Act was assented to on 14 December 2006 and is currently awaiting proclamation.
The Act establishes that the ‘capacity of forest vegetation to absorb carbon from the atmosphere is a form of property’ is to be known as a ‘carbon right’.
Specifically, the Act provides that a carbon right attaches to the forest vegetation to which it relates, and ownership of the right passes with ownership of the forest vegetation except where ownership of the right is separated from ownership of the forest vegetation under a ‘forest property agreement’.
Consequently, the Act makes provisions governing both ‘forest property (vegetation) agreements’ and ‘forest property (carbon rights) agreements’, including provisions relating to their form, content, variation and revocation. The Act also stipulates that agreements may be registered, and where unregistered the interest of the transferee is an equitable interest. The Act also enables a transferee under an agreement to deal with their interest in certain ways, including mortgaging or assigning the interest.
Environment Resources and Development Court (Jurisdiction) Amendment Act 2006
The Environment, Resources and Development Court (Jurisdiction) Amendment Act 2006 (Act) has been proclaimed. The Act amends the Environment, Resources and Development Court Act 1993.
The Act stipulates that the Environment, Resources and Development Court (court) does not have jurisdiction in regard to major indictable offences. Further, the Act clarifies the application of the Summary Procedure Act 1921 in relation to a summary or minor indictable offence before the court.
Specifically, the Act stipulates that in the case of a:
- minor indictable offence, the court would be constituted by a judge with $300,000 being the maximum fine to be imposed, and
- summary offence, the court would be constituted by either a judge or a magistrate.
The Act also makes a number of minor and consequential amendments.
Climate Change and Greenhouse Emissions Reduction Bill 2006
The Climate Change and Greenhouse Emissions Reduction Bill 2006 (Bill) was introduced into the House of Assembly and received its second reading speech on 6 December 2006.
The Bill would prescribe a specific target for the reduction of greenhouse gas emissions in South Australia and related renewable electricity targets. In addition, the Bill would prescribe the functions of the relevant minister with regards to reviewing and assessing climate change, and would establish the Premier's Climate Change Council to advise the minister on greenhouse gasses and climate change related issues.
The Bill would also authorise the minister to enter into sector specific agreements in order to promote good management of climate change, and to promote and recognise voluntary offset programs.
The targets specified in the Bill aim to:
- reduce greenhouse gas emissions in South Australia by at least 60 per cent of 1990 levels by the end of 2050
- increase renewable electricity generation so it makes up at least 20 per cent of electricity generated in South Australia by the end of 2014, and
- increase renewable electricity used so it makes up at least 20 per cent of electricity used in South Australia by the end of 2014.
Dangerous Substances and Major Hazard Facilities Bill 2006
The Dangerous Substances and Major Hazard Facilities Bill 2006 (Bill) proposes minor amendments to the Environment Protection Act 1993.
The Bill was introduced into the House of Assembly and received its second reading speech on 6 December 2006. The Bill would amend Part B of Schedule 1 (Prescribed activities of environmental significance) to provide a reference to dangerous substances, other than explosives, within the meaning of the proposed Dangerous Substances and Major Hazard Facilities Act 2006.
Petroleum Products Variation Regulations 2006
The Petroleum Products Variation Regulations 2006 amends the Petroleum Products Regulations 1995 to include the Environment Protection Authority (EPA) as a prescribed entity under section 56(2) of the Petroleum Products Regulation Act 1995 (Act), thus permitting information obtained under or in relation to the administration of the Act to be disclosed to the EPA.
The amending Regulations commenced on 19 October 2006.
Environment Protection (Fees and Levy) Variation Regulations 2006
The Environment Protection (Fees and Levy) Variation Regulations 2006 (amending Regulations) amend the Environment Protection (Fees and Levy) Regulations 1994 (Regulations).
The amending Regulations insert a new Part 3A into the Regulations to prescribe the relevant enforcement fees in regards to the registration, or cancellation of registration, of an environment protection order, clean-up order or clean-up authorisation. The amending Regulations also insert a new Part 3B into the Regulations to prescribe the fees in relation to an emergency authorisation.
The Regulations commence on 8 April 2007.
Statute Law Amendment Bill 2006
The Statute Law Amendment Bill 2006 (Bill) proposes to amend the Environment Protection Act 1997 (Act). The Bill was introduced into the Legislative Assembly on 19 October 2006.
The Bill proposes to:
- alter provisions regarding the appointment of the ‘Environment Protection Authority’, ‘Analysts’ and ‘Authorised Officers’, and make related transitional arrangements
- omit and insert various definitions, such as providing a detailed definition of ‘contaminated’ in relation to land
- relocate definitions to the dictionary section and clarify that the dictionary is part of the Act, and
- make other minor amendments in line with current drafting practice.
Statute Law Amendment Act 2006
The Statute Law Amendment Act 2006 was assented to on 26 October 2006 and amends the Land (Planning and Environment) Act 1991 by making a number of minor, miscellaneous, consequential and technical amendments.
Water (Governance) Act 2006
The Water (Governance) Bill 2006 (Act) received assent on 17 October 2006 and is currently awaiting proclamation. The Act amends the following legislation:
Catchment and Land Protection Act 1994:
- inserts a new Division 3 into the Catchment and Land Protection Act 1994 (CLP Act) to establish the ‘Catchment Management Authorities’, and prescribe the functions, powers and obligations of those Authorities, including annual reporting obligations, corporate planning obligations and powers of delegation
- inserts a new Division in the CLP Act to outline the staffing and electoral requirements in relation to the board of the Catchment Management Authorities, including the board’s responsibility for strategic planning and policy development, and the terms and conditions of the appointment of board members, and
- makes other minor, consequential and technical amendments.
Conservation, Forests and Lands Act 1987:
- amends the Conservation, Forests and Lands Act 1987 to insert a new clause under ‘Delegation of functions and powers’ which would enable the delegation of powers to Catchment Management Authorities established under the CLP Act.
Water Act 1989:
- repeals and replace section 78H of the Water Act 1989 (Water Act) to prescribe the applicable penalties for individuals and corporations who contravene a drought response plan or an emergency management plan, and
- inserts a new section 78HA in the Water Act to prescribe the authority of certain persons to issue infringement notices in relation to such a contravention, and list the relevant infringement penalties for each notice.
National Parks Act 1975:
- amends section 10 of the National Parks Act 1975 (NP Act), which relates to the composition of the National Parks Advisory Council, and
- inserts a new definition of ‘metropolitan area’ in the NP Act and grants the Governor-in-Council the power to declare an area to be a ‘metropolitan area’ for these purposes by order published in the Government Gazette.
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
The Water Amendment (Critical Water Infrastructure Projects) Bill 2006 (Bill) proposes to amend the Water Act 1989 and make a related amendment to the Land Acquisition and Compensation Act 1986. The Bill was introduced to the Legislative Assembly on 19 December 2006.
The purpose of the Bill is to facilitate the fast-tracking of critical water infrastructure projects. One of the projects is the goldfields super-pipe, which will connect Ballarat and Bendigo to the Goulburn system. The Bill proposes to enable the Premier to order that a project is declared a ‘critical water infrastructure project’.
The Bill proposes to set out the required form and content of a project order, and provide for it to be amended or revoked. The Bill also proposes that a project order would specify a ‘facilitating authority’. A facilitating authority would have the functions of carrying out the construction of project works, and operating the works. Unless otherwise provided, a facilitating authority would own the works of the project.
Renewable Energy (Electricity) Amendment Regulations 2006
The Renewable Energy (Electricity) Amendment Regulations 2006 (Regulations) amend the Renewable Energy (Electricity) Regulations 2001 (principle Regulations) to specify the Renewable Power Percentage (RPP) for 2007, which is used in a formula to calculate the number of renewable energy certificates that liable parties have to surrender to the Renewable Energy Regulator to avoid a penalty. The RPP for 2007 will be 2.70 per cent, increasing from 2.17 per cent in 2006 and 1.64 per cent in 2005.
Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2006
The Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2006 (amending Regulations) amend the Conservation, Forests and Lands (Infringement Notice) Regulations 2002.
The amending Regulations make changes consequential to the enactment of the Infringements Act 2006. Specifically, the amending Regulations revoke all provisions which relate to the particulars, service and payment of an infringement notice.
The amending Regulations commenced on 24 October 2006.
Heritage (Infringement Notice) (Amendment) Regulations 2006
The Heritage (Infringement Notice) (Amendment) Regulations 2006 (amending Regulations) amend the Heritage (Infringement Notice) Regulations 2002.
The amending Regulations make changes consequential to the Infringements Act 2006. Specifically, the amending Regulations revoke provisions relating to planning infringement notices, and make another minor amendments.
Planning and Environment (Amendment) Regulations 2006
The Planning and Environment (Amendment) Regulations 2006 (amending Regulations) amend the Planning and Environment Regulations 2005.
The amending Regulations make changes consequential to the Infringements Act 2006. Specifically, the amending Regulations revoke provisions relating to planning infringement notices, and make other minor and miscellaneous amendments.
The amending Regulations commenced on 10 October 2006.
Catchment and Land Protection (Amendment) Regulations 2006
The Catchment and Land Protection (Amendment) Regulations 2006) (amending Regulations) amend the Catchment and Land Protection Regulations 2002.
The amending Regulations prescribe measures for eradicating or controlling designated noxious weeds and pest animals, and insert a related schedule—‘Noxious Weeds’—for which measures are prescribed.
In addition, the amending Regulations stipulate the particulars required for the notification of measures taken to comply with land management notices, priority area notices, and directions notices, including a description of each measure that has been taken, and the date upon which it was taken.
The amending Regulations commenced on 24 October 2006.
Living Marine Resources Management (Miscellaneous Amendments) Bill 2006 and Marine Farming Planning Amendment Bill 2006
The Living Marine Resources Management (Miscellaneous Amendments) Bill 2006 and the Marine Farming Planning Amendment Bill 2006 have been released for public comment.
Proposed changes to the Living Marine Resources Management Act 1995 include a variety of amendments to the fisheries management, licensing and regulating regime.
The Marine Farming Planning Act 1995 proposes to make minor consequential amendments to update statutory references and maintain consistency with the Living Marine Resources Management Act 1995.
A summary of the proposed changes is available at the Department of Primary Industries and Water website.
Weeds Management Regulation 2006 and Weed Management Act 2001
The Weeds Management Regulation 2006 (Regulations) commenced on 20 December 2006. The Regulations prescribe the circumstances in which an infringement notice may be served, the contents of an infringement notice and the circumstances when an infringement notice may be withdrawn.
In addition, on 11 December 2006 the Minister for Natural Resources, Environment and the Arts revoked and replaced all declarations of declared weeds under section 7(1) of the Weeds Management Act 2001.
More information
For information regarding possible implications for your business, contact a member of the Environment & Planning team.