Environmental legislative developments November 2007

23 November 2007

Commonwealth
New South Wales
Queensland
Western Australia
Northern Territory
South Australia
Australian Capital Territory
Victoria
Tasmania

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Commonwealth

Water Act 2007

The Water Act 2007 (Act) was assented to on 3 September 2007. Its substantive provisions will commence on a date to be fixed by proclamation.

The Act gives effect to a number of key elements of the Commonwealth Government’s $10.05 billion National Plan for Water Security, which was announced by the Prime Minister on 25 January 2007. According to the  Explanatory Memorandum, the Act will enable water resources in the Murray-Darling Basin (Basin) to be managed in the national interest, optimising environmental, economic and social outcomes. One of the Act’s objectives is ‘to enable the Commonwealth, in conjunction with the Basin States, to manage the Basin water resources in the national interest’.

The other objectives of the Act include:

• to give effect to relevant international agreements by promoting the use and management of the Basin water resources in a way that optimises economic, social and environmental outcomes
• to ensure the return to environmentally-sustainable levels of extraction for water resources that are over-allocated or overused
• to protect, restore and provide for the ecological values and ecosystem services of the Basin
• to maximise the net economic returns to the Australian community from the use and management of the Basin water resources
• to improve water security for all uses of Basin water resources, and
• to provide for the collection, collation, analysis and dissemination of information about Australia’s water resources and the use and management of water in Australia.

The Act relies solely on the Commonwealth’s constitutional powers, in particular the ‘external affairs’ power. The Commonwealth’s original intention was that the Act would address a broader range of issues, and would in respect of that broader coverage be reliant on referrals of power from Basin states. However, agreement could not be reached, in particular with the State of Victoria, on referral arrangements to allow the Commonwealth Parliament to enact the full range of measures.

Key elements of the Act are the:

• establishment of an independent Murray-Darling Basin Authority (Authority) with the functions and powers, including enforcement powers, needed to ensure that Basin water resources are managed in an integrated and sustainable way
• requirement that the Authority prepare a strategic plan (the ‘Basin Plan’) for the integrated and sustainable management of water resources in the Basin. The Basin Plan will be complemented through water resource plans prepared by Basin States and provided to the Commonwealth Minister for accreditation
• establishment of a Commonwealth Environmental Water Holder, which will manage the Commonwealth’s environmental water in order to protect and restore the environmental assets of the Basin, and outside the Basin where the Commonwealth owns water
• definition of the key role of the Australian Competition and Consumer Commission (ACCC) in developing and enforcing water charge and water market rules to ensure that water markets are able to operate freely across state boundaries and to ensure outcomes from inconsistent water charging arrangements are avoided, and
• expansion of the Bureau of Meteorology’s water information functions. The Bureau will now be authorised to collect and publish high-quality water information.

National Greenhouse and Energy Reporting Act 2007

The National Greenhouse and Energy Reporting Act 2007 (Act) was assented to on 28 September 2007.

The Act establishes a single, national framework for reporting greenhouse gas emissions, abatement actions and energy consumption and production by certain companies from 1 July 2008. Reported data will form the basis for emissions liabilities under the National Emissions Trading Scheme announced by the Prime Minister on 17 July 2007.

Initially, the Act confers reporting obligations on companies emitting 125kt or more of CO2-e or producing or consuming at least 500TJ of energy. By the third year of the scheme, the reporting threshold will fall to 50kt CO2-e or 200TJ of energy. Companies that do not trigger the thresholds will still be obliged to report if any one of their facilities emit 25kt or more of CO2-e or produce or consume 100TJ of energy.

First year reports for 2008–2009 are required to be submitted by October 2009.

The Act:

• requires companies which emit the above prescribed levels of greenhouse gases, or which produce or consume prescribed amounts of energy, to apply for registration with the National Greenhouse and Energy Register (register)
• requires registered corporations to keep certain records and provide annual reports to the Greenhouse and Energy Data Officer
• specifies the information to be entered into the register and the information that must be made available to the public
• specifies administration arrangements (including the establishment of the position of Greenhouse and Energy Data Officer) and 
• contains compliance monitoring arrangements, including provision for penalties and infringement notices and for ‘authorised officers’ to monitor compliance.

The exact information to be included in a company’s report will be prescribed by regulations. Any regulations made under the Act may also specify information that a state or territory has requested the Greenhouse and Energy Data Officer to collect.

Corporations with a reporting obligation who fail to register under the Act, or provide late reports, are liable to pay a maximum penalty of $220,000 plus daily penalties. CEOs are liable to the same penalties if the CEO ‘knew that, or was reckless or negligent as to whether, the contravention would occur’.

Tax Laws Amendment (2007 Measures No. 6) Bill 2007

The Tax Laws Amendment (2007 Measures No. 6) Bill 2007 (Bill) was introduced into the House of Representatives on 13 September 2007.

The Bill proposed to amend Division 40 of the Income Tax Assessment Act 1997 to provide a deduction for capital expenditure on the establishment of trees in ‘carbon sink forests’. Such expenditure will be immediately deductible in the period 2007–08 to 2011–12. Thereafter, establishment costs will be deductible under a write-off rate of 7 per cent per annum.

Carbon sink forests are established primarily for the purpose of sequestering carbon from the atmosphere. The carbon stored in the growing forest can then be used for greenhouse gas abatement purposes in some states and territories.

The Bill lapsed automatically when the House of Representatives was dissolved on 17 October 2007. However, because the Bill proposed to enact measures which were announced in the 2007–2008 budget and were not opposed by the Federal Opposition, it appears likely that a bill in broadly similar terms will be introduced into the new Parliament formed after the Federal election.

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New South Wales

Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2007

The Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2007 (Amendment Regulation), which commenced on 20 July 2007, amends the Environmental Planning and Assessment Regulation 2000. The Amendment Regulation came into force concurrently with the Environmental Planning Legislation Amendment Act 2006, the details of which were provided in the August 2007 issue of Environment Quarterly.

According to the explanatory note, the Amending Regulation:

• defines ‘project application’ and removes the requirement that multiple owners of certain land individually consent to project applications
• clarifies that the Director General is not required to prepare environmental assessment requirements in certain circumstances
• provides for circumstances in which the minister may not give Part 3A approval for a development that (but for Part 3A) would be entirely prohibited under an Environmental Planning Instrument (including development on environmentally sensitive land or sensitive coastal locations, or where an application for concept plan approval has not been made)
• sets out the procedure for surrender of certain approvals or existing use rights
• clarifies requirements in relation to public notice of planning agreements
• requires certain information to be disclosed in planning certificates
• allows various offences to be dealt with by way of a penalty notice, and
• makes numerous transitional and consequential amendments.

State Environmental Planning Policy (Major Projects) 2005 (Amendment No. 16) 2007

The State Environmental Planning Policy (Major Projects) 2005 (Amendment No. 16) 2007 (amendment), which commenced on 27 July 2007, amends a number of SEPPs, including SEPP (Major Projects) 2005. According to the explanatory note, amendment:

• provides for notification of a proposal to add a state significant site
• specifies various developments for the purposes of Part 3A of the Environmental Planning and Assessment Act 1979 (NSW), including certain wineries and drilling and operation of petroleum wells in Hawkesbury, Port Stephens and Upper Hunter
• excludes various developments from the scope of Part 3A, including development for the purpose of turf farming and certain development in a coastal zone
• repeals and replaces certain maps to change certain boundaries
• inserts a reference to the Sydney Cricket Ground into Schedule 6 and provides certain requirements in relation to non-sporting events, and
• makes minor, savings and transitional provisions.

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Queensland

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2007

The Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2007 (Amendment Regulation) commenced on 22 June 2007. The Amendment Regulation makes the following changes to the Environmental Protection Regulation 1998 (Qld):

• varies the matters that must be included in an Environmental Impact Statement by requiring a summary, rather than a description, of feasible mitigation measures and of feasible alternatives to the project identified in the assessment
• omits Part 3, which regulated ozone depleting substances, and
• broadens the scope of the water treatment ERA in item 16 of Schedule 1.

Local Government Reform Implementation Act 2007

The Queensland Government passed the Local Government Reform Implementation Act 2007 (Act) on Friday 10 August 2007, implementing the recommendations of the Local Government Reform Commission’s recent report, released on 27 July (see Policy Developments below).

The Act classifies the future local government areas (LGAs) as either new, adjusted or continuing. For new and adjusted LGAs, Local Transition Committees (LTCs) will be primarily responsible for implementing the changes until the March 2008 local government elections. Each LTC is required to elect an interim CEO, who is to be a member of the LTC once appointed, and to prepare a Transition Action Plan in consultation with the CEOs of the merging local governments and in conformity with guidelines published by the Department of Local Government, Sport and Recreation.

The State Transition Committee is a state-level body that has been established to guide the transition to new local government arrangements, maximise the employment security for council staff, and to oversee and support the LTCs.

The minister and the chief executive have been given a number of additional powers to oversee the reform process.

Environmental Protection Legislation Amendment and Repeal Regulation (No. 1) 2007

The Environmental Protection Legislation Amendment and Repeal Regulation (No. 1) 2007 SL No. 217 (EP Amendment Regulation) commenced on 31 August 2007. It repeals the Environmental Protection (Interim Waste) Regulation 1996 and amends the Environmental Protection (Waste Management) Regulation 2000 and the Environmental Protection Regulation 1998.

Many of the amendments made to the Environmental Protection (Waste Management) Regulation 2000 replace many of the provisions of the Environmental Protection (Interim Waste) Regulation 1996, and relate to the handling of general waste, industrial waste and nightsoil.

Environmental Protection and Other Legislation Amendment Bill 2007

The Environmental Protection and Other Legislation Amendment Bill 2007 (Amendment Bill) was introduced into parliament and received its second reading speech on 23 August 2007.

The Amendment Bill proposes to change the Environmental Protection Act 1994 (Qld) (EP Act) by:

• enlarging administering authorities’ power to add, change or cancel a development condition
• allowing for registration certificates to be amended by agreement, and clarifying that registration certificates will expire on the transfer of business operations that involve ‘continuing chapter 4 activities’
• stipulating that failure to give a ‘notice of defence’ under the EP Act allows the prosecutor to seek an adjournment and costs
• allowing local governments to enact a local environmental nuisance law inconsistent with a regulation under the EP Act
• clarifying that regulations about environmental management decisions and product labelling may be made under the EP Act, and
• changing terminology, such as clarifying the meaning of ‘non-standard environmental authority’ and ‘standard environmental authority’, and renaming ‘Environmental Management Programs’ as ‘Transitional Environment Programs’.

Queensland Heritage and Other Legislation Amendment Bill 2007

The Queensland Heritage and Other Legislation Amendment Bill 2007 (Heritage Bill), which proposes to amend the Queensland Heritage Act 1992 (Heritage Act), was introduced into Parliament and received its second reading speech on 23 August 2007.

The major changes proposed by the Heritage Bill are:

• changing the stated objects of the Heritage Act
• amending the procedures for updating, entering and removing places from the Queensland Heritage Register (register), and requiring that the register be kept in electronic form
• clarifying the responsibilities and administration of the Queensland Heritage Council to enable it to play a more ‘strategic role’ in cultural heritage conservation
• reassigning responsibility for the register to the chief executive and defining its administrative responsibilities in this regard
• incorporating historical archaeological places within the framework of the register, and 
• improving protection for local heritage places.

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Western Australia

Biosecurity Bill 2006

The Biosecurity and Agriculture Management Bill 2006 (BAM Bill) has been passed by the Western Australian Parliament and is awaiting assent. As discussed in previous editions of Environment Quarterly, the BAM Bill will consolidate the Western Australian legislation that controls pests and diseases and regulates the use of agricultural and veterinary chemicals.

The consolidation would involve:

• establishing a Biosecurity Council as an advisory body on matters related to biosecurity
• establishing the Western Australian Agriculture Ministerial Body, which will assist the minister in the administration of the Act
• creating a number of offences, including an offence of importing a prescribed declared pest carrying a fine of $15,000
• providing for the declaration of pests and diseases as ‘prohibited organisms’ (with associated restrictions relating to importation and control) and
• providing for the management of chemical residues on land and the control of the manufacture and supply of agricultural and veterinary chemicals.

The related Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Bill 2006, which is also awaiting assent, will repeal a number of Acts, including the following:

• Aerial Spraying Control Act 1966 (WA)
• Agricultural Produce (Chemical Residues) Act 1983 (WA)
• Agriculture and Related Resources Protection Act 1976 (WA), and
• Fertilizers Act 1977 (WA).

We will provide details on the BAM Bill’s assent and commencement in future updates.

Petroleum Amendment Bill 2007

The Petroleum Amendment Bill 2007 (Bill) will amend the Petroleum Act 1967 to extend its coverage to geothermal energy. If passed, the Bill would:

• amend the Petroleum Act 1967 title to Petroleum and Geothermal Energy Resources Act 1967 (PGER Act)
• prescribe the geothermal energy operations that are exempt from the PGER Act  (primarily small scale, non-commercial operations)
• regulate geothermal energy resources mining and geothermal energy, including providing for geothermal exploration permits, drilling reservations, retention leases and production licences
• require geothermal energy recovery development plans and provide for variation of approved plans
• provide for geothermal special prospecting authorities and access authorities
• provide for overlap between petroleum and geothermal energy operations, including overlap between petroleum and geothermal titles, and
• prescribe related fees, royalties, offences and notification requirements.

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Northern Territory

Territory Parks and Wildlife Conservation Amendment By-laws 2007

The Territory Parks and Wildlife Conservation Amendment By-laws (No. 2) 2007 (by-laws) commenced on 16 August 2007. The by-laws amend the Territory Parks and Wildlife Conservation Amendment By-Laws 1984 by repealing and replacing by-law 52A.

By-law 52A provides the procedure for a conservation officer to serve an infringement notice on an alleged offender. The specific amendments include:

• an outline of the method of service
• information that must be contained in an infringement notice
• a maximum penalty of $25.00 that must be paid within 28 days of service, and
• other miscellaneous amendments.

Environment Protection Bill 2007

The Environment Protection Bill 2007 (Bill) had its second reading speech on 29 August 2007. The purpose of the Bill is to permit the establishment of an Environment Protection Authority (EPA) in the Northern Territory. The Environment minister has stated that the EPA has been tailored to the specific needs of the Territory and will act as an independent statutory advisory body. The EPA will advise business and government on ecologically sustainable development, as well as scrutinise regulatory systems across government agencies.

In addition to establishing the EPA the Bill outlines related matters, which include:

• various definitions
• the functions and powers of the EPA
• the considerations the EPA must take into account in exercising its functions and powers, including the principle of ecological sustainable development and the importance of community participation
• the requirement that the EPA must act independently from ministerial discretion
• procedures for the composition, meetings, reporting and other administrative matters of the EPA, and
• that the EPA make its advice or recommendations publicly available, except where it is unreasonable to do so.

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South Australia

Climate Change and Greenhouse Emissions Reduction Act 2007

The Climate Change and Greenhouse Emissions Reduction Act 2007 (Act) received assent on 28 June 2007 and commenced on 3 August 2007.

The Act sets the following greenhouse gas emissions targets for South Australia:

• to reduce greenhouse gas emissions in South Australia to an amount equal to or less than 40 per cent of 1990 levels by 31 December 2050, and
• related targets to increase the proportion of renewable energy generated and consumed in South Australia to 20 per cent of all electricity by 31 December 2014.

In order to achieve these targets, the Act:

• enables the Minister for Climate Change and Sustainability (minister) to set sector based targets and interim targets
• details the functions of the minister
• requires that the minister prepare a report every two years on the operation of the Act, the first of which is to be tabled in Parliament by the end of 2009
• establishes the Premier’s Climate Change Council (Council) to provide independent advice to the minister about matters associated with reducing greenhouse gas emissions and adapting to climate change, and
• enables the minister to make policies to secure the objects of the Act, recognise, promote or facilitate voluntary emissions offset programs, and enter into sector agreements with a particular entity, industry or business group to recognise strategies to meet the targets in the Act.

Natural Resource Management (General) Variation Regulations 2007

The Natural Resource Management (General) Variation Regulations 2007 (amending regulations) commenced on 1 July 2007. The amending regulations amend the Natural Resource Management (General) Regulations 2005 (principal regulations) by inserting a new Part 5A—Water Conservation, and Schedules 5 and 6, into the principal regulations.

The amending regulations place new restrictions on the use of water taken from the River Murray. The restrictions are outlined in Schedule 5. The penalty for failing to comply with the restrictions is $10,000 for a body corporate or $5,000 for an individual.

The amending regulations also require users of River Murray water to prepare a draft water efficiency plan, drafted in accordance with Schedule 6, and submit it to the minister for Environment and Conservation for approval.

Environment Protection (General) Variation Regulations 2007

The Environment Protection (General) Variation Regulations 2007 (regulations) amend the Environment Protection (General) Regulations. The regulations repeal and replace the list of prescribed bodies in regulation 4AA in order to add and remove various bodies to which the Environment Protection Authority must refer a draft environment protection policy and report under section 28 of the Environment Protection Act 1993.

The regulations commenced on 20 September 2007. 

Electricity (Feed-In Scheme – Residential Solar Systems) Bill 2007

The Electricity (Feed-In Scheme – Residential Solar Systems) Bill 2007 (Bill) had its second reading speech on 12 September 2007. The Bill aims to reward owners of residential solar power installations for any excess electricity they return to the grid by amending the Electricity Act 1996.

If passed, the Bill will allow domestic customers who operate a small-scale solar power system to receive 44 cents for every kilowatt of energy returned to the grid, an amount that is twice the retail price. It is anticipated that the feed-in mechanism would remain in place for five years.

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Australian Capital Territory

Planning and Development Act 2007

The Planning and Development Act 2007 (Act) was assented to on 13 September 2007 and is currently awaiting commencement. Upon commencement, the Act will replace the existing Land (Planning and Environment) Act 1991 and the Planning and Land Act 2002.

According to its explanatory statement, the Act aims to streamline and simplify planning and land administration in the Australian Capital Territory. A central feature of the new land management system is the ‘assessment track process’. Under this system, each type of development will be allocated a particular ‘track’ or assessment method. Initially, developments will be classified into one of three main tracks: exempt developments that do not require approval (a significantly wider category under the Act than under existing legislation), assessable developments and prohibited developments.

Assessable developments will then be further assessed according to one of three tracks:

1. Code track: development must comply with a published code. As public consultation occurs when the codes are being established, applications in this track will not require public notification and there will be no third party appeal rights. The statutory time frame for decisions on applications in the code track will be 20 working days.
   
2. Merit track: the most similar track to the current system. Development proposals will be assessed under rules requiring the exercise of judgement, and notification requirements will vary depending on the nature of the proposal. Third party appeals will be available only where the matter has been fully notified, a submission has been made and material detriment can be demonstrated. The decision time frame will be 30 days, or 45 days if submissions are received.
   
3. Impact track: development proposals will require an environmental impact statement (EIS). Public consultation will occur at the draft EIS stage. Following consultation, a final EIS will be submitted to the ACT Planning and Land Authority and referred to the minister. Finally, the EIS will be lodged with the development application in order to inform the decision making process.

The Act also sets out:

• an updated definition of ‘development’
• more stringent enforcement provisions in the form of higher penalties, and
• a complaints procedure.

The Act will come into effect at the same time as the revised Territory Plan (plan). The  plan is to be the principal instrument for regulating land use and development, and will include:

• a map that divides the Australian Capital Territory into zones for planning purposes
• a statement of strategic directions and planning principles
• policy objectives that apply to each zone
• codes containing the detailed planning rules that apply to different developments, and
• development tables for each zone that identify the minimum assessment track that applies to any given development.

The Act will commence on a date to be set by the minister, or on the later of 31 March 2008 or the day on which the plan commences.

Murray Darling Basin Agreement Bill 2007

The Murray Darling Basin Agreement Bill 2007 (Bill) was introduced in the Legislative Assembly on 30 August 2007. According to the explanatory statement, the Bill, if passed, would approve and provide for an agreement between the Commonwealth, New South Wales, Victoria, Queensland, South Australia and the Australian Capital Territory. The agreement concerns the water, land and other environmental resources of the Murray-Darling Basin, and how these resources are to be divided and used.

Although the Australian Capital Territory was not a party to the original Murray Darling Basin Agreement, at the Murray Darling Basin Ministerial Council (Council) meeting of 16 May 2006 all other parties agreed that the Australian Capital Territory could become a member of the Murray Darling Basin Initiative.

The Bill reflects the Australian Capital Territory’s membership of the Council and incorporates the existing agreement into Australian Capital Territory law. However, the Bill does not allow for any future changes to the agreement, such as those currently proposed by the Commonwealth Government. Any changes to the agreement would therefore necessitate changes to the Australian Capital Territory legislation.

Environment Protection Amendment Regulation No. 1 2007

The Environment Protection Amendment Regulation No. 1 2007 (Regulation) amends the Environment Protection Regulation 2005. Key amendments include:

• amending the definition of ‘affected place’ in relation to noise, including a provision that a person is not affected by noise unless the noise level exceeds the noise standard for the affected place
• amending the definition of ‘noise standard’ to provide for a five decibel reduction of the noise standard in certain circumstances 
• altering the application of section 47(6) of the Legislation Act 2001 (ACT) to the Protection of the Environment Operations Act 1997 (NSW) so far as it is applied under the principal Regulation, and
• amending the definition of ‘primary production’.

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Victoria

Energy Legislation Amendment Act 2007

The Energy Legislation Amendment Act 2007 (Amending Act) was assented to and commenced on 14 August 2007. The Amending Act amends the Electricity Industry Act 2000 (Principal Act).

The purpose of the Amending Act is to promote the generation of electricity from small renewable energy generators. In particular, the Amending Act inserts a new division into the Principal Act, titled ‘Terms and conditions for the purchase of small renewable energy generation electricity’. This division regulates 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 for Energy and Resources (minister) the prices, terms and conditions at which they propose to purchase energy from the relevant small generator
• where the minister considers that the prices, terms and conditions may not be fair and reasonable, the minister is able to refer the case to the Essential Services Commission (ESC)
• the ESC will then assess the terms and conditions of the proposed transaction according to criteria contained in the Amending Act and recommend fair and reasonable alternatives where necessary, and
• should a relevant licensee refuse to publish the proposed prices, terms and conditions, the ESC can determine fair and reasonable prices, terms and conditions to be adhered to by the relevant licensee.

Mineral Resources Development (Sustainable Development) Act 2006

The Mineral Resources Development (Sustainable Development) Act 2006 (Amending Act) commenced on 1 October 2007. The Amending Act amends the Mineral Resources Development Act 1990 (Principal Act).

The Amending Act:

• amends the title of the Principal Act to the Mineral Resources (Sustainable Development) Act 1990
• inserts the principle of sustainable development into the Principal Act, and provides that regard should be given to this principle when administering the Principal Act
• prescribes the licensing process for the direct allocation of coal licences, including licences granted by the Governor in Council and the tendering process for coal licences
• requires licence holders to consult with the community
• enables certain exploration and mining work to be commenced in prohibited areas
• inserts a new Part 4A into the Principal Act to provide the process for the appointment of advisory panels (to provide the minister for Energy and Resources with advice)
• prescribes that a licensee must ‘offset the environmental impact of exploration or mining work’ and provide for the rehabilitation of affected land
• makes provision for the establishment of a code of practice, and
• prescribes the powers of inspectors to enter premises and to search and seize certain items.

Planning and Environment Act Amendment Act 2007

The Planning and Environment Act Amendment Act 2007 (Act), which was discussed in Environment Quarterly August 2007, was assented to on 25 September 2007. All of the Act’s substantive provisions will commence on a date to be fixed by proclamation.

The key amendment contained in the Act is to widen the powers of the Victorian Civil and Administrative Tribunal (tribunal). The Act will give the tribunal the power to, at the request of the owner or occupier of the land concerned (or any person entitled to use or develop the land concerned), cancel or amend a planning permit that has been issued at the tribunal’s discretion, where the tribunal considers it ‘appropriate to do so’.

Heritage (Historic Shipwrecks) Regulations 2007

The Heritage (Historic Shipwrecks) Regulations 2007 (regulations) commenced on the 25 August 2007. The regulations revoke and replace the Heritage (Historic Shipwrecks) (General) Regulations 1996.

The regulations:

• prohibit certain activities within a ‘protected zone’ (any zone listed on the Heritage Register) or within 100km of a historic shipwreck, including:
  
  • mooring or using a ship
  • trawling, fishing or diving
  • parking or using a vehicle, and
  • using or bringing into the zone any explosives.
    
• prescribe a form for notifying the executive director of the discovery of a historic shipwreck or article, and
• specify that the prescribed amount for rewards payable under section 116 of the Heritage Act 1995, including those for notifying authorities of a shipwreck’s discovery, is $50,000.

Fisheries Amendment Bill 2007

The Fisheries Amendment Bill 2007 (Bill) had its second reading speech in the Legislative Assembly on 22 August 2007. The Bill proposes to amend the Fisheries Act 1995 (Act).

The main amendment proposed by the Bill is to prohibit commercial net fishing in Western Port from 1 December 2007. This prohibition also applies to the holders of current Westernport/Port Phillip Bay Fishery Access Licences. Licence holders with a valid licence immediately prior to amendments commencing may be entitled to payment of an amount to be determined by the Treasurer and the Minister for Environment and Climate Change.

If passed, the Bill would also:

• create a new definition of ‘recreational fishing equipment’, replacing the long lists of different equipment found throughout the Act
• increase the number of actions which may be permitted under a general permit
• expand the content of an aquaculture licence to include ‘stocking’ fish into protected waters, defined as the releasing, putting or introducing of fish into waters, and
• create a new offence of stocking fish into protected waters without an aquaculture licence.

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Tasmania

Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007

The Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007 (regulations) have been made under the Environmental Management and Pollution Control Act 1994.

The regulations:

• define ‘heater’ as a ‘heating appliance that burns solid fuel’
• require certification under Australian Standard AS/NZS 4013-1999: Domestic solid fuel burning appliances – Method for determination of flue gas emission
• prohibits modifications to heaters that may increase smoke emissions
• limits visible smoke emissions from solid fuel heaters, fireplaces, hot water and cooking appliances
• prohibits backyard burning (in the open or in incinerators) on allotments of less than 2,000 square metres, with exceptions, and
• specify the types of fuel or waste that may be burnt in backyard burning and heaters.

The regulations, which commenced on 15 August 2007, are accompanied by three explanatory pamphlets:

• New regulations for wood heater emissions
• Environmental regulations for the manufacture, importation and sale of wood heaters, and 
• New regulations for backyard burning.

Minor amendments have also been made to the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 in order to implement the regulations.

Pollution of Waters by Oil and Noxious Substances Regulations 2007

The Pollution of Waters by Oil and Noxious Substances Regulations 2007 (regulations) repeal the Pollution of Waters by Oil and Noxious Substances (Oil and Noxious Liquid Substances in Bulk) Regulations 1989 and have been made under the authority of the Pollution of Waters by Oil and Noxious Substances Act 1987 (Act).

The regulations:

• specify a number of prescribed occurrences and prescribed operations under the Act, including machinery space operations and cargo or ballast operations
• prescribe forms for oil record books, cargo record books, garbage record books, and notices of alteration or damage to a ship
• specify various prescribed offices under the Act
• prescribe the manner of notifying incidents and the form of requested incident reports, and
• prescribe various other matters.

The regulations commenced on 19 September 2007.

Environmental Management and Pollution Control Amendment (Contaminated Sites) Bill 2007

The Environmental Management and Pollution Control Amendment (Contaminated Sites) Bill 2007 (Amendment Bill) proposes to amend the Environmental Management and Pollution Control Act 1994 (Act). The Amendment Bill had its second reading speech on 27 September 2007.

The Amendment Bill proposes to insert a new Part 5A (‘Contaminated Sites’) into the Act, dealing with investigation, remediation and site management of contaminated sites. The Bill is to be accompanied by a Regulation to provide for independent review of the contamination of sites by appropriately qualified environmental consultants. The Regulation will also operate in conjunction with a Planning Schedule, which has been developed in conjunction with local government representatives to assist planning authorities to incorporate site contamination assessment into current development assessment processes.

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