Environmental policy developments November 2007



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

Victoria
Tasmania


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Commonwealth

Clean Energy Target

On 23 September 2007, the Prime Minister announced the introduction of a national Clean Energy Target (CET). Under the CET, 30,000 gigawatt hours of energy each year will come from low emissions sources by 2020, which is approximately 15 per cent of Australia’s energy consumption.

‘Low emissions sources’ refers to technologies that emit less than 200kg of greenhouse gases (GHG) per megawatt hour of electricity generated, and includes solar and wind energy as well as fossil fuel fired electricity generation where carbon capture and storage is used.

The CET is intended to replace the national Mandatory Renewable Energy Target and existing and proposed state renewable energy targets with a single national scheme. The key difference between the state schemes and the CET, however, is that the latter is not a ‘renewable’ energy target, but a ‘clean’ energy target, which means that it will incorporate non-renewable forms of energy.

The government’s intention is for legislation to be introduced in 2008 and for the CET to come into effect no later than 1 January 2010.

APEC leaders’ Sydney Declaration on Climate Change, Energy Security and Clean Development

On 9 September 2007, the APEC economic leaders released the Sydney Declaration on Climate Change, Energy Security and Clean Development.

The APEC leaders committed to ‘ensuring the energy needs of the economies of the region while addressing the issue of environmental quality and contributing to the reduction of greenhouse gas emissions.’ The APEC leaders acknowledged the important role for low and zero emissions energy sources and technologies in meeting the region’s future energy needs and tackling climate change.

The APEC leaders did not establish any binding targets to reduce greenhouse gas emissions. However, the APEC leaders made a decision to work towards achieving an APEC-wide regional ‘aspirational goal’ of a reduction in energy intensity of at least 25 per cent by 2030 (with 2005 as the base year). They also made a commitment to working to achieve an aspirational goal of increasing forest cover in the region by at least 20 million hectares of all types of forests by 2020. Importantly, these goals are region-wide and allow individual member countries to make commitments in accordance with their economic and social capabilities.

Parliamentary report on geosequestration

On 13 August 2007, House of Representatives Standing Committee on Science and Innovation tabled its report on the inquiry into geosequestration technology entitled ‘Between a Rock and a Hard Place: the science of geosequestration’. The report states that geosequestration technology ‘has the potential to play an important role in the global effort to reduce CO2 emissions’ and may be of particular importance to Australia.

The House of Representatives Standing Committee made a number of recommendations, including that the Australian Government:

  1. provide funding to the CSIRO to progress research on the potential for permanent geosequestration in sedimentary basins in New South Wales
  2. fund (through a competitive tender process) one or more large-scale projects which will demonstrate the operation and integration of capture, transportation and sequestration and monitoring processes
  3. implement a rigorous regulatory environmental risk mitigation framework for geosequestration
  4. employ financial incentives to encourage the continued developing and testing of geosequestration technology, and
  5. develop legislation to define the financial liability and ongoing monitoring responsibilities at a geosequestration site.

A Bill to amend the Offshore Petroleum Act 2006 in order to provide access and property rights for geosequestration in Australian waters is currently being drafted. According to the Federal Department of Industry, Tourism and Resources website, the Bill ‘will provide project developers with the certainty required to commit to major low emission energy projects involving’ carbon capture and storage. It will incorporate a licensing framework similar to the existing regime for petroleum activities including exploration permits, holding leases and injection licences.


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New South Wales

No relevant developments this quarter.


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Queensland

Interstate water trading to go ahead

The Minister for Natural Resources and Water has announced that water trading will begin between Queensland and New South Wales for the first time.

These changes were facilitated by amendments to the Border Rivers Water Resource Plan, and further changes will be made to the Draft Resource Operations Plan, which is expected to be finalised by the end of 2007. Queensland irrigators will be able to either sell or lease all or part of their allocation in either state, and will also be able to enter the market in New South Wales to buy more water.

Geosequestration discussion paper released

The Queensland Department of Mines and Energy has released a discussion paper on issues surrounding geosequestration administration in Queensland (paper). The paper deals specifically with tenure issues surrounding geosequestration and suggests possible legislative models that may operate under the Petroleum and Gas (Production and Safety) Act 2004.

The paper is available here.

Report released on local government reform

The Chair of the Local Government Reform Commission (commission), presented the Premier with the final report of the commission (report) on 27 July 2007. State Cabinet promptly announced its acceptance of the reforms recommended in the report.

The report recommends a reduction from 156 to 72 local councils, which would see the number of local government politicians drop from 1094 to 454. The report also introduces the concept of regional councils: ‘a new class of councils…representing key economic development hubs of the State.’

The government website provides a search function that directs the user to a designated page for each current local government area. This shows the details of any proposed changes and provide a link to a ‘rationale document’, which describes the main factors behind the commission’s recommendations. The report is available here

IPA reform report released

The Department of Local Government, Planning and Sport (department) has released the findings of the recent review of the Integrated Planning Act 1997 (Qld) (Act), in a report entitled Planning for a Prosperous Queensland, A reform agenda for planning and development in the Smart State (reform report). The findings of the reform report do not indicate any immediate change, although new legislation is expected to be implemented by the end of 2008.

Key messages from the reform report are:

The reform report is available here.

New Queensland water management system takes shape

Feedback received from councils and unions in response to the proposed changes to Queensland’s water supply arrangements has resulted in changes to the Queensland Water Commission model (QWC model) released in May 2007.

The key changes made to the QWC model as a result of the feedback are:

Queensland Environmental Protection Authority invites submissions on new State Planning Policy and Environmental Protection Policy

On 1 September 2007 the Queensland Environmental Protection Authority (EPA) gave public notice of its intention to prepare a new State Planning Policy (SPP) on air, noise and water and to remake the Environmental Protection Policies (EPPs) on air, noise and water.

The SPP review aims to integrate the water, noise and air SPPs with land use planning and development assessment across the state.

More information on the public submission process is available here.

Water allocations from Great Artesian Basin

The Minister for Water has announced the release of 17,200 ML of unallocated water from the Great Artesian Basin for the benefit of towns, feedlots, power stations and mines.

7200 ML will be available in the Surat Basin in the areas around Inglewood, St George, Miles and Roma and the remaining 10,000 ML will be available across most of the wider Great Artesian Basin to supplement town water supplies and for significant projects including power stations and some large coal mines.

Water available in the Surat Basin is likely to be released through a tendering process, and further water releases could occur in parts of the Great Artesian Basin outside the Surat Basin should there be sufficient demand.

Clean coal agreement signed

The Queensland Government has signed the first clean coal agreement with the Queensland coal industry, represented by ACA Low Emissions Technologies Limited.

The Clean Coal Council , which was recently established under the Clean Coal Technology Special Agreement Act 2007 (Qld) and is chaired by the Premier, met for the first time on September 11 2007 to advise the government on the funding of clean coal technology projects.

Queensland Geothermal Energy Centre of Excellence planned

The Premier has announced state funding for the establishment of a Queensland Geothermal Energy Centre of Excellence (centre) as part of the ClimateSmart 2050 strategy.

The centre will head research and development into the use of new geothermal technology, which generates emission-free energy from heat within the earth’s crust, with the aim of setting up commercial energy supply from geothermal energy resources in the Cooper and Eromanga basins in south-west Queensland.

The University of Queensland will contribute funds to establish the centre, and hopes to work with the University of Adelaide, the International Energy Agency and other leading global institutions to form research collaborations on geothermal energy.


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Western Australia

Local council climate change agreement

The Western Australia Government has signed a climate change agreement with local councils to allow the two levels of government to work together to tackle climate change. Amongst other things, the Climate Change and Sustainability Partnership Agreement will establish the State-Local Government Climate Change and Sustainability Council.

Geosequestration report released

A regional study on potential carbon dioxide geosequestration in the Collie Basin and the Perth Basin of Western Australia has found that Harvey Ridge, south of Lake Clifton, has the best potential for carbon dioxide geosequestration.

Kimberley region taskforce

The Western Australia Government will establish a Kimberley region taskforce to coordinate the development of gas resources in the Kimberley, while ensuring indigenous interests and environmental factors are duly considered.

Increase in conservation estate

Further to the discussion in Environment Quarterly July 2007, the Department of Environment and Conservation (DEC) has purchased 54 pastoral leases, which will be converted into 11 new conservation parks and 11 new nature reserves, or added to existing parks and reserves. The pastoral leases represent nearly six million hectares.

The Department of Industry and Resources (DOIR) has again expressed its opposition to this action saying that it reduces the attractiveness of Western Australia to exploration and resource companies, and increases the time it will take to obtain exploration and mining approvals.

Renewable Energy Scheme Consultation

Comments are being sought on the Western Australian government’s Renewable Energy Scheme Design Paper (paper). The mandatory scheme aims to achieve a 15 per cent renewable energy target by 2020. Submissions on the paper may be made to the Renewable Energy Target Sustainable Energy Office until 11 December 2007.

EPA chairman appointed

Dr Paul Vogel will became the new Environment Protection Authority Chairman on 5 November 2007.

State of the Environment Report released

The State of the Environment Report 2007 (report) has been released by the EPA. The report summarises the condition of the Western Australian environment and identifies the major environmental problems and possible solutions in the state. The report identifies ‘top priority’ issues as climate change, consumption of natural resources and greenhouse gas emissions. The report also claims that the mining and petroleum industry, as well as other sectors, have made limited progress towards being sustainable.

Management of Native Vegetation Clearing Report released

The Auditor General’s Management of Native Vegetation Clearing Report (report) has been released. The report states that the regulatory reforms aimed at protecting Western Australia’s native vegetation are making progress. The report concludes that the Department of Environment Conservation and Department Of Industry and Resources process for granting clearing permits is supported by a comprehensive system and is consistent with the principles of the Environmental Protection Act 1986. The report also recommends action to ensure effective monitoring of illegal native vegetation clearing.

Draft Guidance for Subterranean Fauna released for comment

The Draft Guidance No. 54a: Sampling Methods and Survey Considerations for Subterranean Fauna in Western Australia (guidance) has been released by the Environmental Protection Authority (EPA) for public comment. The guidance:

The EPA has also released the Draft Peel-Harvey Water Quality Improvement Plan for public comment. Comments close on 10 December 2007.

Environmental policy review deferred

The EPA review of the Environmental Protection (Ozone Protection) Policy 2000 (WA) has been deferred until March 2009.


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Northern Territory

New Environment Minister

Delia Lawrie has been appointed as the Minister for Natural Resources, Environment and Heritage and Parks and Wildlife. Marion Scrymgour retains the Portfolio for Arts and Museums.

Online application guidelines released by DNRETA

On 1 April 2007, online application guidelines for the following programs were released by the Department of Natural Resources, Environment and the Arts (DNRETA):

The DNRETA has also released the Guidelines for the Preparation of an Environment Impact Statement for the Maud Creek Gold Mine.

Draft Rainbow Valley Joint Management Plan released

The Minister for the Environment has released a Draft Joint Management Plan for Rainbow Valley (May 2007). Also, the Chief Minister has announced that, due to the territory government creating ‘a reservation from occupation’, sand mining will not be permitted in Darwin harbour. These new arrangements mean that applications for exploration licences, mining tenements or extractive tenements will not be accepted in the Rainbow Valley area.


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South Australia

New nature conservation strategy launched

The Minister for the Environment has announced the release of ‘No Species Loss—a Nature Conservation Strategy for South Australia 2007-2017’ (strategy).

The strategy sets out the following goals relating to maintaining biodiversity in South Australia:

Each of these goals is supplemented by a number of more specific targets. The Department of Environment and Heritage is responsible for implementing the strategy, with assistance from a number of other government departments and advisory bodies.

Forestry industry to take account of plantation impact

On 31 July 2007, the Minister for the Environment announced that ‘from today, the forestry industry must take into account the impact of plantations on the direct extraction of groundwater from the region’s shallow water tables’.

This will be enforced by changing the permit requirements for forestry businesses. Previously, businesses engaging in forestry activities only required a water affecting activity permit. Now, wherever the water table is shallow (less than six metres below ground level), commercial forestry operations will need to hold a licensed water allocation, equivalent to the amount of water considered to be directly extracted by trees from groundwater. This will allow regulators to consider the amount of groundwater being extracted when assessing a permit application.

This requirement will apply to all new forestry plantations that lodge development applications.

The new policy will be given effect by the Lower Limestone Coast Water Allocation Plan. A draft of this plan is expected to be released in early 2008.

New climate change research centre

The new Institute for Climate Change and Sustainability (institute) has been launched at the University of Adelaide.

The institute researches ways to decrease carbon emissions and adapt to climate change. Some of the projects already underway include research into the effects of carbon dioxide on vineyards, the development of cheaper and quieter wind turbines and the use of solar energy in mineral processing.


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Australian Capital Territory

Climate Change Strategy 2007-2025

The Chief Minister has launched the Australian Capital Territory Government’s Climate Change Strategy 2007-2025 (strategy). As part of the strategy, the Chief Minister announced the adoption of a target of reducing greenhouse gas emissions to 60 per cent of year 2000 levels by 2050, with an interim target of returning to 2000 levels by 2025.

Implementation of the strategy is to take place through a number of five-year action plans. Key elements of the 2007-2011 action plan include:

Sustainable Procurement Framework released

The Chief Minister and Minister for the Environment have announced the launch of the Australia and New Zealand Government Framework for Sustainable Procurement (framework). The framework has been developed by the Australian state, federal and territory governments in collaboration with the New Zealand Government. The framework aims to provide a set of national principles to assist the governments to integrate the principles of sustainability into the procurement of goods, services and construction.

In particular, the framework sets down four key principles:

  1. adopt strategies to avoid unnecessary consumption and manage demand
  2. in the context of whole-of-life value for money, select products and services which have lower environmental impact over their life cycle compared with competing products and services
  3. foster a viable Australian and New Zealand market for sustainable products and services by supporting businesses and industry groups that demonstrate innovation in sustainability, and
  4. support suppliers to governments who are socially responsible and adopt ethical practices.

Recycled water papers released

The Chief Minister has released two reports into the viability of recycled drinking water in response to ACTEW’s (an Australian Capital Territory water authority) proposal to supplement the Australian Capital Territory’s water supply by purifying Canberra’s used water.

According to the Chief Minister’s media release, both the Expert Panel on Health’s Final Report ‘Public health and safety in relation to water purification for drinking water supplies’ and the Water Cooperative Resource Centre’s ‘Interim Environmental Opinion’ conclude that a reverse osmosis water purification plant is a feasible method of increasing the water supply to Canberra. 

The reports can be viewed online at:

Mandatory 40 per cent cut in water usage

The Planning Minister has released the Waterways – Water Sensitive Urban Design General Code (code). The code will require all new developments in the Australian Capital Territory to reduce mains water use by 40 per cent of pre-2003 levels. This will apply to all new developments and redevelopments in the Australian Capital Territory, including single residences, multi-unit complexes and commercial and industrial developments.

The code will come into effect with the Australian Capital Territory’s new planning system, which is embodied in the Planning and Development Act 2007 to commence not later than April 2008 (see Legislative Changes above).

New Commissioner for Sustainability and Environment

Dr Maxine Cooper has been appointed as the new Commissioner for Sustainability and Environment, replacing the Commissioner of Environment. When announcing the appointment, the Chief Minister also announced plans to significantly expand the role of the Commissioner by making it a full-time position, broadening the title to ‘Sustainability and Environment’, and potentially incorporating some elements of the current role of Conservator of Flora and Fauna. Further work will be required to finalise the expanded role, including some legislative changes.

The role of Commissioner of Sustainability and Environment is likely to be fully operational by the end of the year.


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Victoria

Changes to cabinet roles

John Thwaites, the former Minister for Water, Environment and Climate Change, resigned on 27 July 2007. On 2 August 2007, the Premier named Gavin Jennings as the new Minister for Environment and Climate Change, while Tim Holding is now responsible for the Water portfolio. The new ministers were sworn in on 3 August 2007.

As part of the cabinet reshuffle, the Premier has created a new department: the Department of Planning and Community Development. This department replaces the Department for Victorian Communities and includes the divisions and authorities that previously reported to the Minister for Planning within the Department of Sustainability and Environment. The Premier’s press release stated that the new department will ‘deliver improvements in urban planning, particularly in the outer suburbs’.

Water rights unbundled in northern Victoria

Water entitlements held by irrigators and diverters on land in irrigation districts in northern Victoria were unbundled on 1 July 2007. The same unbundling will take place in southern Victoria on 1 July 2008.

The effect of the unbundling is that water entitlements have been separated into:

This separates water rights from land rights, and enables water rights to be traded more easily, and be separately mortgaged and leased.

A Water Register has also been established to record the names of those issued with water shares, details associated with those shares and any registered interests in water shares.

Further information is available here.

New water, energy and waste reduction program to benefit environment and business

The Minister for the Environment has announced a new resource efficiency program for Victoria’s top 250 water and energy users. The minister said in his press release that the Environment and Resource Efficiency Plans Program (EREP Program) will build on the success of the Industry Greenhouse Program. The EREP Program will be administered by Victorian Environment Protection Authority (EPA).

Businesses will be required to participate in EREP Program if their premises use more than 100 trillion joules of energy or more than 120 megalitres of water in any financial year. Eligible businesses will be required to assess their consumptions and develop a resource efficiency plan. If such a  plan identifies commercially viable actions to decrease energy and water use and waste generation with a payback period of less than three years, the relevant business will be required to implement the plan, and make progress reports to the EPA.

The EREP Program will be implemented through the Environment Protection (Environment and Resource Efficiency Plans) Regulations (regulations).

The EPA has released the following documents relating to the EREP Program and its accompanying regulations:

These documents and further information are available here.

VRET documents released

The Essential Services Commission has made available the following information relating to the Victorian Renewable Energy Scheme (VRET) (all dated September 2007):

Ministerial working group on local planning policy

In its publication called ‘Cutting Red Tape in Planning’, the then-Department of Sustainability and Environment identified a series of actions to address concerns about the proliferation and complexity of local planning policies in Victorian planning schemes. To inform the implementation of these actions, the minister appointed a working group to:

The working group’s report was published in October 2007. The working group fundamentally endorsed the Victoria Planning Provisions (VPPs), observing that the ‘strategically driven and primarily performance based nature of the system remain positive attributes of the Victorian planning system’. However, the working group identified a number of matters that required immediate clarification and action:

The working group recommended four actions:

Geosequestration permit granted

The Victorian Environment Protection Authority  has granted the Cooperative Research Centre for Greenhouse Gas Technologies (CO2CRC) research development and demonstration approval to begin work on a geosequestration demonstration in south-western Victoria, the ‘Otway Project’.

According to CO2CRC’s press release, the Otway Project will involve the injection of up to 100,000 tonnes of carbon dioxide into a deep geological formation. CO2CRC will then monitor the site to verify that carbon dioxide is securely stored, and demonstrate that geological sequestration could be an effective and safe way to decrease carbon dioxide emissions. 

CO2CRC anticipates the injection of carbon dioxide to begin in late 2007.

Hazelwood power station the site of a CO2 emission reduction demonstration project

The Minister for Energy and Resources has announced that the Hazelwood coal-fired power station in the La Trobe Valley is to be the site of a new demonstration project aimed at reducing carbon dioxide emissions. The project will demonstrate the use of coal drying and combustion technology to generate electricity from brown coal. It is thought that the technology could cut greenhouse gas emissions from a converted brown coal generating unit by up to 25 per cent of current levels. The minister stated that the technology could be contributing to greenhouse gas reductions by 2010.

The Victorian Government has committed $30 million and the Commonwealth Government has committed $50 million in support of the $369 million project.

New clean-up technology

The EPA has announced that a new technology is to be used to clean up a contaminated site at Springvale. According to the EPA, the technology, known as direct heated thermal desorption, provides a solution for lands contaminated with polychlorinated biphenyls (PCBs), and should result in less contaminated soil being sent to landfill. The technology will be used in future EPA clean up operations in Victoria.

River Red Gum Forests Investigation Draft Proposals Paper released

The Victorian Environmental Assessment Council (VEAC) has released a draft proposal paper (draft paper) for the River Red Gum Forests Investigation for public comment.

The purpose of the River Red Gum Investigation is to:

Key proposals of the draft paper include the:

Submissions on the draft paper closed on 21 September 2007. The VEAC will develop a final report to be submitted to the Minister for the Environment and Climate Change in February 2008.

Strategic Policy Framework for Near Zero Emissions from Latrobe Valley Brown Coal

Public submissions on the issues paper ‘Strategic Policy Framework for Near Zero Emissions from Latrobe Valley Brown Coal’ have now closed. The issues paper is aimed at providing clarity for the long term use of the brown coal resource in the Latrobe Valley and a framework for reductions in Victoria’s greenhouse gas emissions’. The Minister for Energy and Resources has stated that the proposed strategy would investigate the introduction of carbon capture and storage or geosequestration technologies in an attempt to lower greenhouse gas emissions.


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Tasmania

Review of Tasmanian Natural Resource Management Framework and Legislation

The Natural Resource Management Act 2002 (Act) and the Natural Resource Management Framework 2002 are being reviewed. The Secretary of the Department of Primary Industries and Water will undertake the review, and provide the Minister for Primary Industries and Water with a report and recommendations at the end of February 2008.

A discussion paper has been prepared for the review, which expands on the terms of reference and specifically addresses:

Submissions on the discussion paper closed on 26 October 2007.

The discussion paper is available here.

Comments sought on 1999 Tasmanian Heritage Management Plan

The Tasmanian Wilderness World Heritage Area Management Plan 1999 is currently being reviewed by the Tasmanian Parks and Wildlife Service.

The first stage of the review, issues identification, has been completed and an ‘issues sieve’ document has been prepared, listing over 200 specific issues identified in this stage. As part of the public comment stage a draft plan has been prepared in the form of a comparison table. The draft plan is available here.

Submissions closed on 29 October 2007.

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