No relevant changes this quarter
Environmental Planning Legislation Amendment Act 2006
The Environmental Planning Legislation Amendment Act 2006 (Amending Act) was assented to on 4 December 2006. The amending Act makes extensive amendments to (amongst other things) Part 3A of the Environmental Planning and Assessment Act 1979 (EPA Act). Relevant supporting amendments have now been made and the remaining provisions of the Amending Act came into force on 20 July 2007.
Formerly, an existing Part 4 development consent for an activity ceased to have effect when that activity was declared to be a Part 3A project. The Amending Act inserts a new clause 8M in the EPA Act, which states that the Part 4 consent continues to be in force until the activity is actually approved as a Part 3A project. There are also provisions for the Part 4 consent to revive if the Part 3A declaration is subsequently revoked.
The Amending Act also extends the circumstances in which a development can be approved under Part 3A of the EPA Act. Previously, a development that would (but for Part 3A) be wholly prohibited under an Environmental Planning Instrument (EPI) could only be approved under Part 3A if it was for a critical infrastructure project. Now such a development can be approved under Part 3A provided that:
- the prohibition in the relevant EPI is truly a prohibition and not a development standard
- the development is not located within an ‘environmentally sensitive area of State significance’ within the meaning of the Major Projects State Environment Protection Policy, and
- the development has been the subject of an authorisation or requirement to apply for concept plan approval.
Finally, the amending Act clarifies the provisions of the EPA Act regarding owners’ consent so that it is now unambiguous that the owner's consent is required for the lodging of a concept plan application as well for the lodging of an application for approval to carry out a project (except where such consent is not needed in any event, as for ‘linear infrastructure projects’).
Biofuel (Ethanol Content) Act 2007
The Biofuel (Ethanol Content) Act 2007 (Act) was assented on 4 July 2007. The Act mandates a minimum two per cent ethanol content for total petrol sales in New South Wales by requiring primary wholesalers of petrol to ensure that the volume of ethanol sold by them (in the form of petrol-ethanol blend) is at least two per cent of the volume of all petrol sold by them.
The Act applies only to sales to a person in New South Wales or for delivery in New South Wales.
Protection of the Environment Operations Amendment (Waste) Act 2007
The Protection of the Environment Operations Amendment (Waste) Act 2007 (Act) was assented on 4 July 2007. The Act extends the contribution payable by certain waste facilities under section 88 of the Protection of the Environment Operations Act 1997 to certain types of liquid waste received at waste facilities. Prior to the amendment, the contribution was only payable in respect of solid waste received at those facilities.
The levy will begin at $38.60 a tonne, will increase annually and will raise $16 million over four years.
Renewable Energy (New South Wales) Bill 2007
The Renewable Energy (New South Wales) Bill 2007 (Bill) was introduced into the Legislative Assembly on 27 June 2007. According to the explanatory note, the Bill would establish a ‘mandatory renewable energy target in relation to all electricity consumed in New South Wales’ and would aim to ‘facilitate the operation of a renewable energy market based on tradeable renewable energy certificates created and sold by persons who generate electricity using renewable energy sources’.
Clean Coal Technology Special Agreement Act 2007
The Clean Coal Technology Special Agreement Act 2007 (Act) received assent on 15 June 2007 and commenced on the same day.
The Act aims to promote the use and development of clean coal technologies through collaborative funding and research, and the establishment of the Clean Coal Council (council), which is comprised of a chairperson, five industry representatives, five government representatives, and any other person the minister sees fit.
The council will advise the premier, who is responsible under the Act for making final decisions on the use of funds raised through the voluntary industry levy on coal production in Queensland. As part of this arrangement, the government has agreed to use ‘reasonable endeavours’ to have any voluntary contributions offset against whatever carbon trading obligations are imposed in the future.
Public Health Act 2005
All remaining provisions of the Public Health Act 2005 (PH Act) commenced on 1 July 2007. These provisions regulate public health risks associated with designated pests and lead.
‘Public health risks’ are defined to include:
- designated pests that are hazardous to human health, or that contribute to disease in humans or the transmission of an infectious condition to humans
- lead or lead based paints that are hazardous to human health, or that contribute to disease in humans or the transmission of an infectious condition to humans, and
- an animal, structure, substance or other thing that is likely to harbour or become a food source for a designated pest.
Designated pests include mosquitoes, rats, mice and other animals prescribed under regulations.
The PH Act specifies roles for state and local government in response to a public health risk, including appointing authorised persons to deal with public health risks. An authorised person may issue a public health order where the order is reasonably necessary to remove or reduce the risk to public health or to prevent the risk recurring, and the order is appropriate having regard to the nature and seriousness of the risk. Such an order may require a person to do something to reduce or remove the risk to public health.
The PH Act also prohibits the use of lead materials in buildings where they would be accessible to children or used in water supply (for example roofing, guttering, downpipe or other thing for carrying water and a tank or other receptacle for potable water). Penalties also apply for knowingly allowing any such uses of lead materials to continue.
Workplace Health and Safety and Other Legislation Amendment Regulation (No 1) 2007
The Workplace Health and Safety and Other Legislation Amendment Regulation (No 1) 2007 (Amendment Regulation) amends the provisions of the Workplace Health and Safety Regulation 1997 regarding asbestos removal and the licensing of people qualified to carry out asbestos removal.
The Amendment Regulation creates a new type of licence, a ‘bonded asbestos removal certificate’, that is required for ‘the performance of work to remove 10m2 or more of bonded asbestos containing material’. It also removes the definition of ‘asbestos removalist’.
All relevant provisions commenced on 1 July 2007.
Nuclear ban to be enshrined in legislation
The Nuclear Facilities Prohibition Bill 2007 (Bill) was introduced and received its second reading speech in the Legislative Assembly on 20 June 2007. The purpose of the Bill is to prohibit the construction or operation of a nuclear powered electricity generator in Western Australia. The Bill will also prohibit the transportation of certain material to a nuclear facility site and prohibit the connection of nuclear generations works to an electricity transmission or distribution system.
We will provide you with further information on the progress of this Bill in future editions of Environment Quarterly.
Environmental Protection (NEMP-UPM) Regulations
The Environmental Protection (NEPM-UPM) Regulations 2007 (EP NEPM-UPM Regulations) commenced on 27 April 2007.
The EP NEPM-UPM Regulations amend the Environmental Protection Regulations 1987 by providing for the implementation of the Environment Protection (Used Packaging Materials) Measure.
Specifically the EP NEPM-UPM Regulations:
- prescribe the responsibilities of certain brand owners under the measure including:
- preparing and submitting an action plan
- meeting target recovery rates for consumer packaging
- keeping certain information relating to consumer packaging material
- complying with a compliance notice issued by an authorised person
- require operators of materials recovery systems to give certain information to the CEO
- set out the procedures relating to appeals against the rejection of an action plan or a decision of the Chief Executive Officer, and
- prescribe the penalties for infringement notice offences.
Country Towns Sewerage Amendment By-laws
The Country Towns Sewerage Amendment By-laws (No 2) 2007 (CTS Amendment By-laws) commenced on 5 April 2007. The CTS Amendment By-laws amend the Country Towns Sewerage By-Laws 1952. The amendments include:
- allowing Water Corporation representatives to enter onto property for certain regulated purposes including monitoring compliance with industrial waste permits, affixing and removing identification tags, taking samples of industrial waste, inspecting treatment apparatus and measuring or assessing the volume of industrial waste admitted into the Water Corporation’s sewer
- making it the occupier’s responsibility to ensure that identification tags are not removed or damaged
- requiring occupiers to notify the Water Corporation in writing when identifications tags are damaged or removed, or when cleaning or maintaining treatment apparatus after 1 July 2007, and
- providing that the Water Corporation may remove or vary a condition, or impose a new condition on an industrial waste permit.
Environmental Protection (Clearing of Native Vegetation) Amendment Regulations
The Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No 2) 2007 (EP Clearing Amendment Regulations) commenced on 22 June 2007. The EP Clearing Amendment Regulations amend the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. The main amendment is the exemption of clearing for fire hazard reduction by providing that the clearing must occur within four years after Part 9 of the Environmental Protection Amendment Act 2003 commenced. This amendment extends the exemption for another year (the exemption previously applied to clearing within three years after Part 9 came into operation).
Environmental Protection (Controlled Waste) Amendment Regulations
The Environmental Protection (Controlled Waste) Amendment Regulations 2007 (EP Controlled Waste Amendment Regulations) commenced on 16 April 2007. The EP Controlled Waste Amendment Regulations amend the Environmental Protection (Controlled Waste) Regulations 2004 by:
- updating certain fees, and
- repealing regulations 3(1) and 3(2), which allowed the CEO to direct that provisions of the Regulations did not apply in respect of a controlled waste.
Metropolitan Water Supply, Sewerage and Drainage Amendment By-laws
The Metropolitan Water Supply, Sewerage and Drainage Amendment By-laws (No 2) 2007 (MWS Amendment By-laws) commenced on 5 April 2007. The MWS Amendment By-laws amend the Metropolitan Water Supply Sewerage and Drainage By-laws 1981 by:
- allowing Water Corporation representatives to enter onto property for certain regulated purposes including affixing and removing identification tags, taking samples of industrial waste and inspecting treatment apparatus
- making it the occupier’s responsibility to ensure that identification tags are not removed or damaged
- requiring occupiers to notify the Water Corporation in writing when identifications tags are damaged or removed, or when cleaning or maintaining treatment apparatus after 1 July 2007, and
- providing that the Water Corporation may remove or vary a condition, or impose a new condition on an industrial waste permit.
Climate change Bill to be introduced
A climate change action statement entitled ‘Climate Change: Making Decisions for the Future’ (statement) has been released by the premier. The statement outlines that a climate change Bill will be introduced by the Western Australian government that will establish a target of a 60 per cent reduction in greenhouse gas emissions by 2050.
Other objectives of the proposed Bill will include:
- establishing a mandatory energy efficiency scheme for large electricity consumers
- establishing a framework for Western Australia to be involved in national emissions trading, and
- assisting the introduction of other government climate initiatives.
Other features of the statement include:
- a low emission energy development fund
- a clean energy target of 50 per cent by 2010 and 60 per cent by 2020, and
- state government purchase of 20 per cent renewable energy by 2010.
Other legislative developments
The Environment Minister has announced that the Swan and Canning River Management Act will be proclaimed in the next year and that the Waste Avoidance and Resource Recovery Bill and a draft Biodiversity Conservation Bill will be introduced into Parliament. We will provide you with further information in future editions of Environment Quarterly.
Katherine Water Control District
The minister for Natural Resources, Environment and Heritage has abolished and reconstituted the Katherine Water Control District. A map of the new district is available in the 9 May 2007 edition of the Northern Territory of Australia Government Gazette.
Natural Resource Management (Water Resources and Other Measures) Amendment Bill
The Natural Resource Management (Water Resources and Other Measures) Amendment Bill 2007 (Bill) was passed by the House of Assembly on June 21 2007 and is currently awaiting assent.
The Bill amends the Natural Resource Management Act 2004. In particular, the Bill proposes a new water entitlement system that will separate water rights into five components, specifically:
- a water access entitlement, representing an ongoing interest in a consumptive pool of water
- a water allocation, allowing the holder to take a specific volume of water for a given period of time not exceeding 12 months. This may only be used if a person also holds a water resource works approval, site use approval or, where applicable, a delivery capacity entitlement
- a water resource works approval, which enables water to be taken at a specific site and in a particular manner
- a site use approval, which permits the use of water at a particular site and for a particular purpose, and
- a delivery capacity entitlement, which will represent the holder’s ongoing right to access a proportion of the capacity of a water distribution system, and enable the holder to forgo the right to extract water at a time of peak demand and trade that right to someone who has an urgent requirement for water.
Water allocation plans will have a large role to play in applying these new rights to South Australia’s many water systems. The plans will establish the nature of a water access entitlement, the rules for how consumptive pools are determined, the conditions of taking and use, whether there is a need for a delivery capacity entitlement, and any rules concerning the transfer of entitlements.
Finally, the Bill also allows for the use of water purchased from interstate without requiring a licence in the state of destination. This amendment has been made to allow South Australia to participate in the interstate water trading scheme.
Proclamation of Development (Assessment Procedures) Amendment Bill 2006 and Development (Development Plans) Amendment Bill 2006.
The Development (Assessment Procedures) Amendment Act 2006 (first amending Act) and Development (Development Plans) Amendment Act 2006 (second amending Act) were proclaimed by Government Gazette 22 on 26 April 2007. Both of the amending Acts amend the Development Act 1993 (principal Act), with the aim of providing greater certainty for the community and approval applicants in relation to its policies, procedures and timelines.
Amendments made by the first amending Act include the:
- provision for applicants to work with referral agencies during the application process and circumvent the need for the application to be referred to the agencies once made
- confirmation that a variation to a consent or approval is a separate application and should be considered separately, and
- permission for administrative disputes on development applications to be heard by the Environment, Resource and Development Court rather than the Supreme Court.
Amendments made by the second amending Act include:
- a requirement that relevant ministers and government agencies provide councils with information on infrastructure planning, and
- a requirement that the government review the planning strategy on at least a five-yearly basis.
Marine Parks Bill
The Marine Parks Bill 2007 (Bill) proposes to develop a uniform system of marine parks in South Australia. The Bill received its second reading speech on 20 June 2007.
The Bill aims to provide a framework for the dedication, zoning and management of marine parks by:
- providing for the governor to establish marine parks by proclamation
- allowing for the simultaneous proclamation of 19 marine parks, to take place soon after the Bill is passed and proclaimed
- providing for the preparation of management plans, which will describe all the zones and special purpose areas within a marine park, and
- providing for the development of regulations that specify which activities and uses are permitted, prohibited or otherwise regulated within each of the marine park zones.
Penola Pulp Mill Authorisation Bill
The Penola Pulp Mill Authorisation Bill 2007 (Bill) was tabled by the South Australian minister for Forests and passed its second reading speech on 30 May 2007. The second reading speech identified that the South Australian Government considered the proposed Penola Pulp Mill (Project) to be ‘of such significance that it warrants use of the legislative process to approve key elements of the proposal’.
The Bill proposes to authorise certain works related to the Project, and create a mechanism by which the proponent of the project can apply directly to the minister for the authorisation of further works. The authorisations equate to major development authorisations under the Development Act 1993. Decisions made by the minister would not be subject to judicial review.
New bill to bring Olympic Dam project under environmental legislation
Mr. Mark Parnell, Greens member of the South Australian Legislative Council, has introduced a private member’s Bill to the South Australian Parliament, the Roxby Downs (Indenture Ratification) (Application of Acts) Amendment Bill 2007 (Bill). The Bill proposes to subject BHP Billiton’s Olympic Dam uranium and copper mine to South Australia’s environmental legislation. Currently, the Indenture Act exempts the project’s operations from the Aboriginal Heritage Act, the Environmental Protection Act, the Freedom of Information Act and the Natural Resources Management Act.
The Bill had its second reading speech on 6 June 2007. Further debate has been adjourned.
Environment Protection (Commissioner for the Environment) Amendment Bill
The Environment Protection (Commissioner for the Environment) Bill 2007 (Bill) received its second reading speech on 6 June 2007. If passed, the Bill would amend the Environment Protection Act 1993 and establish the Office of the Commissioner of the Environment.
The Bill proposes that the Commissioner for the Environment (commissioner) would be able to investigate the effectiveness of environmental planning and environmental management carried out by the Environment Protection Authority (EPA) and conduct investigations into any matter that has, in the Commissioner’s opinion, adversely affected the environment. The commissioner would report to the South Australian Parliament rather than reporting to the government, as the EPA does.
The Bill’s second reading speech states that ‘the need for this bill has arisen out of the frustration that so many local communities have experienced in dealing with the government on environment and planning issues.’
Climate Change and Greenhouse Gas Reduction Bill 2007
The Climate Change and Greenhouse Gas Reduction Bill 2007 (Bill) was passed by the Legislative Council on 29 March 2007 and is currently awaiting assent.
The Bill commits South Australia to lower greenhouse gas emission levels by 60 per cent by 2050, and sets an interim target of returning to 1990 emission levels by 2020. The Bill also sets the following targets in relation to renewable energy:
- to increase renewable electricity generation so it makes up at least 20 per cent of electricity generated in the state by the end of 2014, and
- to increase renewable electricity consumption so it makes up at least 20 per cent of electricity used in the state by the end of 2014.
Environment Protection (Site Contamination) Amendment Bill 2007
The Environment Protection (Site Contamination) Amendment Bill 2007 (Bill) proposes to amend the Environment Protection Act 1993 (Act). The Bill was introduced into the Legislative Council and received its second reading speech on 1 May 2007.
The Bill proposes to insert a new Part 10A into the Act, to prescribe processes and powers relating to liability for contaminated sites. Specifically, the Bill proposes to:
- specify that liability for site contamination rests with the person/s responsible for the contamination (subject to a determination or agreement otherwise), or if this person is not identifiable then with the site owner
- prescribe the circumstances under which a director of a company will be held liable for site contamination
- provide powers to the Environment Protection Authority to order a site contamination assessment, site remediation, and that water is not to be taken from a ontaminated site
- set out the requirements of an auditor engaged to conduct a site contamination assessment or audit, and
- make other technical and consequential amendments.
Native Vegetation Regulations 2007
The Native Vegetation Regulations (Regulations) commenced on 29 March 2007. The Regulations expand the range of prescribed circumstances under which native vegetation can be cleared to include certain situations where land has been set aside for residential development and the clearance is undertaken according to the local council’s approval and management plans.
Environment Protection (Fuel Sales Data) Amendment Act 2007
The Environment Protection (Fuel Sales Data) Amendment Act 2007 received assent on 14 June 2007 and commenced on 1 July 2007.
The Act sets out procedures to enable the ACT Government to calculate the amount of greenhouse gases emitted by the ACT transport sector. Specifically, the Act requires service station owners to maintain records of sale for liquid fuels, and provides that the ACT Chief Executive may request such information. The Act also sets out penalties for failing to comply with the reporting requirements.
Planning and Development (Consequential Amendments) Bill
The Planning and Development (Consequential Amendments Bill) 2007 (Bill) proposes to amend a number of pieces of legislation related to planning. According to the explanatory statement, the Bill would make numerous amendments as a consequence of the Planning and Development Bill 2006. The Bill would not make any substantial changes, rather technical and terminology-based amendments.
Aboriginal Heritage Act 2006
The Aboriginal Heritage Act 2006 (Act) received assent on 9 May 2006 and commenced on 28 May 2007. The Act repeals and replaces the Archaeological and Aboriginal Relics Preservation Act, and also replaces Part IIA of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).
The Act aims to further involve Aboriginal people in Aboriginal heritage management and integrate the protection of Aboriginal heritage with planning and land development approval processes. Key features of the Act include:
- the creation of the Aboriginal Heritage Council (council), with a membership of Aboriginal traditional owners. The council will advise the minister for Aboriginal Affairs on the protection of Aboriginal heritage
- Cultural Heritage Management Plans, to be prepared at the planning stage of certain development activities, which are set out in the Aboriginal Heritage Regulations 2007, or where and environment effects statement is required
- provision of Cultural Heritage Permits for activities not requiring a cultural heritage management plan
- provision for registered Aboriginal parties to evaluate management plans, enter into heritage agreements, and advise on permit applications, and
- a range of measures to promote effective enforcement of the Act.
Aboriginal Heritage Regulations 2007
The Aboriginal Heritage Regulations 2007 (Regulations) commenced on 28 May 2007. The Regulations give effect to the Aboriginal Heritage Act 2006. Among other things, the Regulations stipulate that a cultural heritage management plan is required for an activity if:
- all or part of the activity area for the activity is an area of cultural heritage sensitivity, and
- all or part of the activity is a high impact activity.
The Regulations also specify various high impact activities and identify areas of cultural sensitivity, including Koo Wee Rup Plain and declared Ramsar wetlands.
The regulations also specify certain standards for the preparation of Cultural Heritage Management Plans and Cultural Heritage Agreements.
Environment Protection (Amendment) Act 2006
Part 2 of the Environment Protection (Amendment) Act 2006 (Amending Act) commenced on 1 July 2007. The Amending Act amends the Environment Protection Act 1970.
Part 2 of the Amending Act amends the definition of ‘scheduled premises’ by repealing the existing definitions of scheduled premises and replacing them with a single definition.
A ‘scheduled premises’ is now defined as any premises:
- prescribed by regulation, or
- of a class prescribed by regulation as premises at or from which:
- waste is, or is likely to be, discharged, emitted or deposited to the environment, or
- noise is, or is likely to be, emitted, or
- waste is, or substances which are a danger or potential danger to the quality of the environment or any segment of the environment are, reprocessed, treated, stored, contained, disposed of or handled, or
- any activity is conducted which creates a state of potential danger to the quality of the environment or any segment of the environment.
The Amending Act also identifies, in light of the new definition of scheduled premises, those activities which cannot be undertaken by an occupier of any scheduled premises except in accordance with an applicable licence, works approval or notice issued by the EPA.
Environment Protection (Scheduled Premises and Exemptions) Regulations 2007
The Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 (Regulations) commenced on 1 July 2007.
The Regulations operate in conjunction with Part 2 of the Environment Protection (Amendment) Act 2006 to provide a new system for classifying scheduled premises and exempting premises from certain provisions of the Environment Protection Act 1970 (Act).
The Regulations define:
- different types of scheduled premises, categorised according to sector
- which scheduled premises are required to pay a landfill levy and those scheduled premises which can be required to provide a financial assurance, and
- which premises are exempt from sections 19A and 20(1) of the Act (sections 19A and 20(1) specify those activities which cannot be undertaken by an occupier of a scheduled premises except in accordance with an applicable licence, works approval or notice issued by the Environment Protection Authority).
The Regulations also clarify that if a premise falls within more than one definition of scheduled premises and is exempt with regard to one description but not the other, then the exemption does not apply to the premises.
Pipelines Act 2005
The Pipelines Act 2005 (Act) came into operation on 1 April 2007. The Act deals with all aspects of planning, development and use of major pipeline infrastructure.
Parts 4 and 7 of the Act legislate for the planning and construction of pipelines. It is an offence to construct a pipeline unless a licence to construct and operate that pipeline has been issued under the Act.
Before a licence will be granted, applicants must:
- provide to the minister a consultation plan detailing the activities that will be undertaken in relation to the pipeline
- give written notice to each owner and occupier of the land in question of the applicant’s intention to enter the land and conduct a survey, and
- give notice of the proposed pipeline corridor to each owner and occupier of affected land.
Part 5 of the Act sets out the licence application and approval processes, including the possibility of referral to a panel.
Part 8 of the Act concerns the operation of pipelines. It is an offence for the licensee to begin or resume operation without the written consent of the minister. Before any pipeline operation can commence, the licensee must submit a Safety Management Plan to Energy Safe Victoria and an Environment Management Plan to the minister for Agriculture for approval. A licensee must manage any pipeline operations to minimise (as is reasonably practicable) any safety or environmental hazards.
Pipelines Regulations 2007
The Pipelines Regulations 2007 (Regulations) commenced on 1 April 2007. The objectives of the Regulations are to:
- provide for the reporting of safety and environmental incidents in relation to pipeline operations
- prescribe standards for the construction and operation of pipelines
- prescribe matters to be contained in Safety Management Plans
- prescribe matters to be contained in Environmental Management Plans, and
- prescribe various forms, fees and procedures authorised by the Pipelines Act 2005.
Environment Protection (Prescribed Waste) (Amendment) Regulations 2007
The Environment Protection (Prescribed Waste) (Amendment) Regulations 2007 (Amending Regulations) came into effect on 1 July 2007. The Amending Regulations amend the Environment Protection (Prescribed Waste) Regulations 1998. The key amendment relates to the way prescribed wastes are defined.
The Amending Regulations provide that prescribed industrial waste is now defined according to three categories: A, B and C, according to its contaminant concentration. The Amending Regulations specify the applicable contaminant level for each category.
Planning and Environment Act Amendment Bill 2007
The Planning and Environment Amendment Bill 2007 (the Bill) received its second reading speech in the Legislative Assembly on 21 June 2007. The Bill proposes to amend the Planning and Environment Act 1985 (Act). Of particular interest is that the Bill proposes to widen the powers of the Victorian Civil and Administrative Tribunal (tribunal) to, at the request of the owner or occupier of the land concerned or any person who is entitled to use or develop the land concerned, cancel or amend a permit that has been issued at the tribunal’s direction where the tribunal considers it ‘appropriate to do so’.
This new power would be an addition to the tribunal’s current power to amend or cancel permits under section 8Y of the Act. Applications under the new power would not be subject to the time and form requirements that other applications for cancellation or amendment are subject to.
The Bill also proposes other miscellaneous amendments.
Energy Legislation Amendment Bill 2007
The Energy Legislation Amendment Bill 2007 (Bill) proposes to amend the Electricity Act 2000 (Act). The Bill received its second reading speech in the Legislative Assembly on 20 June 2007.
According to the explanatory memorandum, the Bill’s purpose is to ‘promote the generation of electricity from small renewable energy sources.’ This will be achieved by ‘strengthen[ing] the provisions for feed-in tariffs paid to small wind generators, and… extend[ing] these provisions to other forms of renewable generation including hydro, biomass and solar.’
Specifically, the Bill proposes to insert a new Division 5A into the Act concerning terms and conditions for the purchase of small renewable energy generation electricity. This Division would contain what the minister for Energy and Resources referred to as ‘fair price legislation’.
If the Bill is passed, it would regulate the price paid to small renewable energy generators (those with a capacity of less than 100 kilowatts) by providing that:
- as a condition of a licence to sell electricity, relevant licence holders must publish and provide to the minister the prices, terms and conditions at which it proposes to purchase energy from the generator
- where the minister considers that the prices, terms or conditions may not be fair and reasonable, the minister is able to refer the case to the Essential Services Commission (commission)
- the commission will then assess the terms and conditions of the proposed transaction according to criteria contained in the legislation, and provide fair and reasonable alternatives where necessary, and
- should a relevant licensee refuse to publish the proposed prices, terms and conditions, the commission can determine fair and reasonable prices, terms and conditions to be adhered to by the relevant licensee.
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007
The Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill was rejected by Parliament on 19 April 2007.
Pulp Mill Assessment Act 2007
The Pulp Mill Assessment Act 2007 (Act) received assent on 30 April 2007.
The Act sets out a new assessment and approvals process specifically for the pulp mill proposed by Gunns Limited. The passage and operation of the Act have elicited a strong response from environment groups in Tasmania, and legal action has been instigated regarding the Commonwealth assessment of the project (see ‘Policy developments’, below).
New one-stop dam approval process
The Dam Works Legislation (Miscellaneous Amendments) Act 2007 No 6 (Amendment Act) received assent on 30 April 2007, amending the Water Management Act 1999 No 45.
The Amendment Act replaces the previous approvals system, which required authorisations from multiple government agencies, with one where all environmental issues associated with the construction of a dam will be considered as part of a single assessment process.
The commencement date of the Amendment Act has not yet been proclaimed.
More information
For information regarding possible implications for your business, contact a member of the Environment & Planning team.