Review of national measures for contaminated sites
The Environmental Protection Heritage Council (EPHC) has released a review of National Environment Protection Measures (NEPM) on assessing contaminated sites. The NEPM review recommends several changes such as revising health-based investigation levels for a priority list of carcinogenic contaminants, improving guidance on asbestos and updating groundwater investigation levels.
New South Wales parliamentary inquiry calls for air pollution ‘duty of care’
A report produced by a New South Wales Legislative Council committee investigating air pollution has recommended amendments to New South Wales’ pollution legislation to create a specific duty of care on organisations to ensure their activities have a minimal effect on the community and the environment.
The report also recommends that prior to registration, diesel trucks should undergo emissions testing, and further provides that the government should consider linking private vehicle registration costs to emission levels and mandating annual emission checks for older cars.
BlueScope to investigate $600 million waste gas-fired cogeneration plant at Port Kembla and signs legally binding agreement with the New South Wales Government
BlueScope Steel is investigating the construction of a $600 million cogeneration plant at its Port Kembla steelworks. The plant would use the waste gas generated from the site’s coke-making, iron-making and steel-making processes to generate approximately 110MW to 140MW of electricity. This would also deliver net greenhouse gas benefits of approximately 700,000 to 900,000 tCO2 a year.
BlueScope will seek accreditation under the New South Wales Greenhouse Gas Abatement Scheme (GGAS) to obtain abatement credits.
The New South Wales Premier and the BlueScope Chief Executive Offer have signed a legally binding agreement which provides:
- that the government will use its ‘best endeavours’ to ensure the benefits of the GGAS credits will continue or be available to BlueScope Steel unless or until replaced by commensurate benefits under a national scheme
- that the government will compensate BlueScope Steel if such benefits are not provided
- that BlueScope Steel will cap the site’s greenhouse gas emissions (not including industrial process emissions) at 2000 levels by 2025, and
- that BlueScope Steel will monitor world ‘best practice’ greenhouse gas reducing technology and implement it where it would be commercially feasible to do so.
DSE annual report
The Department of Sustainability and Environment (DSE) has released its Annual Report October 2006.
Sustainable housing project
The Major Projects Minister has launched Australia's biggest six-star energy rated housing development in Epping North. The Aurora estate will be built on 600 plus hectares, and all homes will be six-star energy rated and will have a third-pipe water recycling system. According to the Major Projects Minister the $2 billion Aurora housing estate will deliver up to 8,000 new homes within the next 20 years. VicUrban will deliver the project.
Grow me the money — Western Region Sustainability Alliance
The Minister for Local Government, the Hon Candy Broad MLC, has launched the Western Region Sustainability Alliance of Grow Me the Money, a program developed through a partnership between the Victorian Government and the Victorian Employers Chamber of Commerce and Industry (VECCI). Six councils in Melbourne's western suburbs are among the first to join the alliance, set up to cut the use of natural resources and save local businesses money. According to the minister, the most immediate results would be developing ways to reduce the cost of consumption of water, energy and materials for local businesses in the six municipalities, with councils acting as brokers and entrepreneurs. The Western Region Sustainability Alliance is one of three pilot projects with the other two based in Melbourne's CBD and in the Goulburn Valley.
Protection of old-growth forests
The Premier has announced plans to protect more than 33,000 hectares of old-growth forest, mostly in Eastern Gippsland, including 5,000 hectares of old-growth forest known as the Goolengook block. The policy also includes plans to create a national park near Portland, create a forest link between the Errinundra and Snowy River national parks, and deliver about $4.5 million in support to the timber industry.
Draft climate change policy released
The Tasmanian Department of Primary Industries and Water (DPIW) has released its draft climate change policy (draft policy). The draft policy outlines the government’s intended response to climate change, involving government, industry, research bodies and the community, and focuses on early planning and management actions. The draft policy and online submission form are available from the Department of Primary Industries and Water website.
Draft noise management policy released
The Tasmanian Department of Tourism, Arts and the Environment has released a Draft Environment Protection Policy (Noise) (draft noise policy) for public comment. The draft noise policy provides guidelines for noise management similar to those in other states and is open for public comment until 28 February 2007.
Threatened species recovery plans for 2006–10 released
The DPIW has released the final ‘Threatened species recovery plan’ for six plant and three animal species. Copies of the recovery plans are available from the Department of Primary Industries and Water website.
Statutory weed management plans approved
The DPIW has approved 25 statutory weed management plans. All approved statutory weed management plans are available from the Department of Primary Industries and Water website.
Level 4 water restrictions announced for South East Queensland
Level 4 water restrictions were introduced in South East Queensland on 1 November 2006. See the November edition of our Environmental Quarterly for an outline of the restrictions.
Far North Queensland regional plan to be developed
The Queensland Government has allocated $3.7 million for the development of a Far North Queensland Regional Plan (regional plan). The regional plan is intended to limit areas eligible for urban and residential development to within a designated urban footprint. An infrastructure plan for the region will also be developed to operate in conjunction with the regional plan.
Water resource policy update
The Queensland Department of Natural Resources and Water (DNRW) has given final approval to Water Resource Plans (WRPs) for the Calliope River Basin and the Gold Coast. The new WRPs took effect from 15 December 2006.
DNRW is currently amending WRPs for the Border Rivers and Baffle Creek Basin, and the Burnett Basin Resource Operations Plan (ROP).
The Border Rivers WRP amendments relate to surface water in the Border Rivers, and aim to allow interstate water trading to take place between Queensland and New South Wales. Under the proposal, the DNRW will accept the New South Wales rules as an interim framework until consistent regulations are developed by the states. Public submissions in relation to the draft amendments closed on 12 December 2006.
The existing Burnett Basin ROP is to be amended to include the Three Moon Creek catchment. The ROP amendments will set out the process under which water allocations will be traded and the areas where trading will occur, and the detailed operating rules for infrastructure operators. Public submissions closed on 11 December 2006.The status of all Queensland WRPs and ROPs is detailed on the DNRW website.
New regional vegetation management codes released
The Department of Natural Resources and Water (DNRW) has reviewed the codes that it uses to determine applications to clear vegetation protected under the Vegetation Management Act 1999. The previous 24 regional vegetation management codes have been reduced to four codes based on bioregions: Western Bioregions, Coastal Bioregions, Brigalow Belt and New England Tableland Bioregions, and South-East Bioregions. These changes took effect on 20 November 2006.
In line with these changes, the DNRW has also reviewed its vegetation clearing policies in relation to ‘material change of use’ and ‘reconfiguring a lot’. The aim of these changes is to produce a clear policy that aligns the assessment of proposed clearing in those applications directly with the new codes.
EPA penalties
The South Australian Environment Protection Authority (EPA) has released its policy for the calculation of civil penalties under the Environment Protection Act 1993 (Act). Section 104A of the Act allows the EPA to seek a civil penalty from an alleged offender in respect of certain alleged contraventions of the Act, as an alternative to criminal prosecution.
New four-cylinder vehicles policy
The Chief Minister has announced that the wholesale transition of the Territory Government's fleet has begun. The switch from six-cylinder to four-cylinder vehicles is expected to reduce carbon dioxide emissions by about two tonnes a year for each vehicle, as well as save approximately $200,000 a year from next financial year.
CEOs to be accountable for environmental performance
New requirements will make chief executive officers responsible for signing off on annual statements of environmental compliance. The measures are not onerous and should build community confidence in companies meeting their environmental obligations.
The statements will take the form of Annual Audit Compliance Reports (AACRs) and will cover a company’s compliance with its environmental approval(s), details of any breaches and actions taken to mitigate effects and/or prevent recurring breaches. AARCs will be applied to all new ministerial statements and licences from 1 January 2007. They will also be progressively added to existing licences.
The DEC is developing guidelines on the new requirements.
DEC website updated for Contaminated Sites Act commencement
The DEC website has been updated to reflect the commencement of the Contaminated Sites Act 2003. The updated site includes PDF versions of certain forms, final versions of certain Contaminated Sites Management Series guidelines and various fact sheets on the new requirements.
The following Contaminated Sites guidelines have been gazetted:
- Bioremediation of hydrocarbon contaminated soils in Western Australia
- Development of sampling and analysis programs
- Reporting on site assessments
- The use of risk assessment in contaminated sites assessment and management: Guidance on the overall approach
- Use of monitored natural attenuation for groundwater remediation
- Potentially contaminating activities, industries and land uses
- Reporting of known or suspected contaminated sites
- Site classification scheme, and
- Community consultation guideline.
The DEC has also released a policy position entitled Requirements for Mandatory Auditor’s Reports — Transitional Provisions.
Contaminated Sites Act 2003 and Acid Sulphate Soils policy position
The DEC has released a policy position entitled Acid Sulphate Soils and the Contaminated Sites Act 2003 (policy) which seeks to explain when acid sulphate soils will result in a site being classified as contaminated.
The policy states that sites will be classified as contaminated where acid sulphate soils have caused a level of contaminants or a level of acidity within soils, sediments or waters that are above background concentrations and present, or have the potential to present, a risk of harm to human health, the environment or any environmental value.
Nuclear power sites ban
The government has announced it will introduce legislation forbidding the construction of nuclear power sites in Western Australia.
Biodiversity strategy
A draft conservation strategy titled A 100-year Biodiversity Conservation Strategy for Western Australia has been released by the Environment Minister.
The strategy aims to:
- improve biodiversity conservation requirements in certain sectors
- encourage people in biodiversity conservation management, and
- recover threatened species and ecological communities.
Submissions on the draft strategy close on 1 March 2007. The document is available on the website of the Department of Environment and Conservation.
Review of the Kwinana atmospheric wastes EPP
The EPA has been directed to defer reviewing the Environmental Protection (Kwinana)(Atmospheric Wastes) Policy 1999 until finalisation of the state Industrial Buffer Statement of Planning policy, the State Environmental (Ambient Air) Policy, and completing the re-determination of the maximum permissible quantities for sulphur dioxide within the Kwinana industrial area.
Shark Bay
Submissions for the draft strategic plan for the Shark Bay World Heritage Property (plan) have closed and comments will now be reviewed.
The plan covers the area from Carnarvon in the north to Kalbarri National Park in the south. The plan contains information relevant to the protection, conservation and presentation of the Shark Bay World Heritage Property and makes recommendations for adoption in the final plan.
Weeds risk management system
The Department of Natural Resources, Environment and the Arts has announced that a Weeds Risk Management System (system) will be developed to assess the risks of certain weeds and the best way to manage these risks. The system will be guided by the recently released National Post-Border Weed Risk Management Protocol. The system is expected to be completed in 2008.
Darwin River quarantine
The quarantine restriction of the Darwin River near the Cox Peninsula road has been extended until November 2008 by the Department of Natural Resources, Environment and the Arts. The quarantine is part of an eradication program focusing on the Cabomba aquatic weed.
More information
For information regarding possible implications for your business, contact a member of the Environment & Planning team.