Environmental policy developments May 2008

08 May 2008

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

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Commonwealth

Murray-Darling Basin agreement closer

At the Council of Australian Governments (COAG) meeting on 26 March 2008, the Commonwealth Government reached in-principle agreement with the Murray-Darling Basin states and territories (Basin states, namely New South Wales, Victoria, Queensland, South Australia and the ACT) to further arrangements under the Water Act 2007 (Cth) (Water Act) (as reported in the 23 November 2007 Environment Quarterly). The in-principle agreement is significant because, for the first time, it includes Victoria.

Under the Memorandum of Understanding agreed at the meeting, the various governments committed to signing an intergovernmental agreement at the July 2008 COAG meeting.

Points agreed in principle include that the Murray-Darling Basin Authority constituted under the Water Act and the Murray-Darling Basin Commission would be brought together as a single institution to be known as the Murray-Darling Basin Authority. The new authority will have responsibility both for developing the Basin Plan pursuant to the Water Act and for the commission’s current functions.

Under the Memorandum of Understanding, the Commonwealth agreed to conduct a due diligence assessment of priority projects nominated by the Basin states for funding under the $10 billion Basin Plan. The Commonwealth also agreed in principle to fund 90 per cent of the total project costs, up to $1 billion, of the Stage Two Food Bowl Project in Victoria, subject to a joint due diligence assessment and the delivery of half the gain in additional flows (or approximately 100 billion litres) to environmental flows into the Murray River.

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New South Wales

Planning reform

On 3 April 2008, the New South Wales Government released two draft exposure Bills outlining wide-ranging reforms to the New South Wales planning system. The draft exposure Bills follow the Independent Report on Submissions from the Public Exhibition of the Discussion Paper, released in March 2008.

The draft exposure Bills are the:

• Environmental Planning and Assessment Amendment Bill 2008, and
• Building Professionals Amendment Bill 2008.

The draft exposure Bills include the following reforms:

• establishing an independent Planning Assessment Commission which will consider about 80 per cent of major state developments currently determined by the Minister for Planning
• creating independent Joint Regional Planning Panels (JRPPs) which will consider regionally significant developments including commercial, retail or residential projects worth more than $50 million
• expanding the right of objectors to challenge development proposals to include, for example, certain classes of development which would result in specified development standards identified in an Environmental Planning Instrument (EPI) being exceeded by more than, say, 25 per cent (for example, height or floor space ratio development standards)
• tougher rules and penalties for accredited certifiers including fines of up to $33,000 for certifiers who earn more than 20 per cent of their total annual income from one person or company
• a more accountable developer contribution system, and
• Regional Environmental Plans (REPs) will be moved under the State Environmental Planning Policy (SEPP) umbrella, which effectively allow SEPPs to be made with respect to matters of state or regional environment planning significance.

Comments on the draft exposure Bills may be submitted until 24 April 2008.

Heritage Act 1977 Review Report

On 19 March 2008, the New South Wales Government released the report of an independent expert review panel into the Heritage Act 1977. The expert panel concluded that the state heritage processes are generally working well. However, the report contains 65 recommendations including:

• greater fairness and rigour in the heritage listing process
• removing duplication between the dual approval processes under section 91A of the Environment Planning and Assessment Act 1979 and section 57 of the Heritage Act 1977 for development involving items on the State Heritage Register, and
• retaining key elements of the current system including local and state listings and a Heritage Council.

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Victoria

New funding announced for sustainable energy projects

The Environment Minister has announced a $72 million commitment to the development of renewable energy projects across the state. The commitment forms part of the next stage of Energy Technology Innovation Strategy (ETIS) grants. The fund will be used primarily to assist in financing proposals for large-scale, renewable demonstration projects.

The state government contributed $50 million as part of the first stage of ETIS funding. This funding leveraged $250 million in Commonwealth funding and $1.2 billion industry investment.

Solar power station to be built in northern Victoria

Commitments to build a solar power station in northern Victoria have been pledged by a number of state and private sector investors. Plans to build a $420 million plant with capacity to generate 270,000 megawatts of electricity per year are currently underway. Investors include Solar Systems Pty Ltd, Tru Energy, the state government and the Federal Government.

Land and Biodiversity Green Paper released

The Victorian Government has released the Land and Biodiversity Green Paper (Green Paper). The Green Paper is the second stage in the process of developing the Land and Biodiversity White Paper (White Paper), a document which is set to direct state government policy on biodiversity issues. The White Paper is due in 2009.

Private sector investment and business opportunities are a key focus of the Green Paper, as it looks to further develop Victoria’s market-based approach to environmental management.

Strategies outlined in the Green Paper will complement the proposed national emissions trading scheme by encouraging investment in carbon emissions offsets. Emissions offsets can be achieved through vegetation management initiatives (such as tree planting and habitat restoration projects). These projects can also be used as biodiversity offsets.

The Department of Sustainability and Environment is inviting submissions in the Green Paper until 30 June 2008.

Free globe initiative to cut greenhouse gasses

The Victorian Government has announced that they will be giving a free energy saving light globe to some 500,000 households.

It is expected that the initiative will reduce approximately 300,000 tonnes of emissions and save households a total of $40 million on their energy bills. Further, the scheme is expected to deliver greenhouse gas abatement at a cost of AU$6.30 per tonne, well under current European carbon trading prices.

Solar hot water rebates available

The Victorian Government is looking into a $2,500 rebate for regional residents who install solar hot water systems. Under the initiative, converting to solar will now cost less than the normal replacement cost of an electric or gas hot water system. The funds proposed to be allocated to the initiative total $33 million.

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Queensland

Proposed changes to Environmental Protection Regulation 1998

The Environmental Protection Agency (EPA) is seeking public comment on a regulatory impact statement (RIS) prepared for proposed amendments to the Environmental Protection Regulation 1998 (Qld) (EP Regulation). The current EP Regulation is due to expire in August 2008.

The most significant changes identified in the RIS include:

• introducing environmental emissions profiles (EEPs) as the basis for regulating environmentally relevant activities (ERAs)
• reforming the regulation of environmental nuisance
• implementing national agreements, and
• reviewing current environmental protection policies (EPPs) and transferring some management provisions to the EP Regulation.

EEPs are described in the RIS as ‘a method which uses empirical information sources and expertise knowledge to assess the relative potential of an average operation on any site to cause environmental harm.’ EEPs profile the relative risk associated with the carrying out of an ERA on a particular site by calculating an environmental score. The RIS proposes that the environmental score will provide the basis for calculating licensing fees for the ERA in question, based on a cost of $200 for every environmental score unit.

The RIS proposes to transfer certain provisions of the Environmental Protection (Air) Policy 1997 (QLD), the Environmental Protection (Noise) Policy 1997 (QLD) and the Environmental Protection (Water) Policy 1997 (QLD) to the EP Regulation.

The RIS and accompanying documentation are available online, and comments on the RIS were able to be submitted to the EPA until 28 March 2008.

Review of State Coastal Plan underway

A compulsory seven year review of the State Coastal Plan (plan) has begun. The plan guides the management of Queensland’s coast under the Coastal Protection and Management Act 1995 (QLD).

The Minister for Sustainability, Climate Change and Innovation invited members of the public interested in the plan to make submissions to the Environmental Protection Agency before 31 March 2008.

Draft South East Queensland water strategy released

The Queensland Water Commission (QWC) has released a draft South East Queensland Water Strategy (strategy) – ‘Water for today, water for tomorrow’. The strategy outlines a plan for the next 50 years’ water supply through ‘demand management measures and being ready to take proactive action to invest in new infrastructure in a timely way.’

The key features of the strategy are:

• a 230 litre permanent water saving target for daily residential use
• further investigation into new water supplies such as desalination plants, purified recycled water, rainwater tanks for homes and businesses, rainwater harvesting and recycling
• investment, management of the water supply system and a pre-determined Drought Response Plan, and
• provision of water for rural production and power stations.

The QWC will accept online feedback on the strategy until 31 July 2008.

Waste water operational policy and draft procedural guide released

The Queensland EPA has released a new operational policy – ‘Waste water discharge to Queensland waters’ (policy) – which replaces the ‘Licensing discharges to aquatic environments procedural guide’.

The policy will guide the EPA’s assessment of development applications that propose the  discharge of residual waste water into Queensland waters, giving consideration to mixing zones, assimilative capacity, environmental offsets and environmental values and water quality objectives. The policy applies to all waters including tidal (coastal and estuarine) and non-tidal (riverine) waters, groundwaters and wetlands.

The policy is to be read in conjunction with the ‘Draft Procedural Guide – Procedural information for the Operational Policy Waste water discharge to Queensland Waters – Environmental Offsets’ (procedural guide) which is currently in draft form. Comments will be accepted until Monday 28 April 2008.

Queensland water quality monitoring upgrade

The Queensland Government has announced the upgrade of the water quality monitoring network along 1,500 kilometres of Queensland’s coastline. The additional monitoring aims to help the implementation of the Reef Water Quality Protection Plan through improved understanding of the sediment and pollutants entering the Great Barrier Reef.

Most of the monitoring sites, which measure sediment, nutrient and chemical levels are coastal, but some will be located further upstream. The monitoring sites are located at Kalpowar, Mareeba, the Herbert River near Ingham, Pioneer River, the Fitzroy River near Rockhampton and several locations across the Burnett region.

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Western Australia

Review on state’s environmental approval process announced

An extensive review of Western Australia's environmental approval processes has been announced by the Environment Minister. The review aims to ensure the integrity of the environmental watchdog and aims to identify how the state government can:

• streamline the environmental approval process and remove any unnecessary burdens
• improve the integration of the environmental approval process with other regulatory approval schemes, and
• enhance developments with regional and sustainable environmental objectives.

A reference group to facilitate the review will be set up by the government, comprising representatives from business, academia and industry groups. The Environment Minister said it was important to maintain a balance between protecting our environment and promoting sustainable industry.

Kimberley Region Proposed for LNG Plant

The Draft Terms of Reference for Strategic Assessment of a Plan for a Common-User Liquefied Natural Gas Hub Precinct in the Kimberley Region has been released by the Department of Industry and Resources (DoIR). The terms of reference aims at ensuring community consultation to determine a suitable site for a proposed LNG hub in the Kimberley. It also follows an agreement made between the Western Australian and Commonwealth Governments to undertake a strategic assessment of a preferred hub site. Public submissions to DoIR closed on 21 March 2008.

EPA report on wastewater treatment and disposal in Albany released

On 7 January 2008, the EPA released a report to the Environment Minister which inquired into proposed changes to wastewater treatment and disposal in Albany, under the Environmental Protection Act 1986 (WA) (EP Act).  The EPA recommended that the entire project be regulated under Part V of the EP Act. The regulatory provisions available include Works Approval and Licensing, native vegetation clearing, environmental harm and pollution provisions of the Act and additional instruments such as environmental protection, prevention and closure notices.

Western Australian land released for geothermal exploration

On 22 January 2008, the Western Australian Government released approximately 160,000km2 in the state’s south-west for exploration of geothermal energy. The minister said the region from about 700 kilometres from south of Kalbarri to Dunsborough and 250km inland, including Perth and other densely populated areas, is open for exploration. The acreage has been divided into 495 lots of 320km2 each, which are available for bidding with the Department of Industry and Resources (DoIR) until 24 April 2008. Bids should be made in accordance with the Letter of Invitation and be sent to the Director Petroleum and Royalties Division, Department of Industry and Resources, Mineral House, 100 Plain Street East Perth, Western Australia 6004. The application should be marked Attention: Geothermal Applications Receiving Officer. Further information can be found from the DoIR website.

A second release of land in the Carnarvon Basin area will be made available later in the year. This release corresponds with the amendments to the Petroleum Pipelines Act 1969 (WA).

Low Emissions Energy Development Advisory Council formed

The Environment Minister has announced that the state government has created the Low Emissions Energy Development (LEED) advisory council to provide guidance in funding for the first round of grants from the $36.5 million LEED fund. The LEED fund will provide $8.5 million over 2008–09, to assist projects that invest in Western Australian industries such as geothermal, bioenergy and clean coal technologies and renewable energy. The minister said the LEED Fund was a fundamental initiative of the Premier’s Climate Change Action Statement, aiming to help reduce Western Australia’s greenhouse gas emissions by 60 per cent by 2050.

Strategic Waste Initiatives Scheme funding announced

As part of the Strategic Waste Initiatives Scheme (SWIS), the state government has provided $800,000 worth of grants to organisations who have implemented waste reduction strategies. The Environment Minister announced that 10 businesses and organisations will receive as much as $297,000. A further round of SWIS funding is expected to be announced soon.

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South Australia

Solar power plant to be built in Coober Pedy

The South Australian and Federal Governments have announced that a solar power plant will be built in Coober Pedy. The development is planned to be the largest off-grid solar power station in Australia. The station will include 25 dishes, each of which will be approximately 14 meters in height. The estimated output from the system is 1860 megawatts hours per year, enough to supply Coober Pedy with 13 per cent of its energy requirements. This will deliver emissions reductions of about 1,500 tonnes of carbon dioxide equivalents per year.

Proponents of the project are the state and Federal Governments, Solar Systems Pty Ltd, the District Council of Coober Pedy and Wesfarmers subsidiary Energy Generation Pty Ltd.

Increase in container deposits

The state government is set to double the five cent deposit on drink containers. The initiative is a response to statistics which suggested that return rates have dropped from 80 per cent to 70 per cent in recent years. The increase will be effective within the year.

Plastic bags to be banned

Free single use plastic bags are set to be banned under legislation due to be tabled in Parliament shortly. Despite talk of a national ban on single use plastic bags, the premier has indicated that South Australia will push ahead notwithstanding any collaborative efforts from other states and territories. It is estimated that the initiative could save 1,600 tonnes of plastic from going to landfill in the state.

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Tasmania

Tasmanian emissions reduction target on the horizon

The Tasmanian Premier has announced that during the budget session of Parliament, the Tasmanian Government will legislate for a greenhouse gas emissions reduction target of 60 per cent by 2050. This legislation will also create a Tasmanian Climate Action Council.

The premier has also announced that Parsons Brinckerhoff has been engaged to provide an audit of all Tasmanian Government emissions, with a report due in August 2008. The audit will take place in two stages. First, it will consider emissions from core administrative areas of government, such as energy from government facilities and travel. Second, it will consider emissions from other government services such as schools, hospitals and fire services.

Vegetation assessment manual published

The Tasmanian Department of Primary Industries and Water (DPIW) has published the Vegetation Condition Manual - A manual for assessing vegetation condition in Tasmania (manual).

The manual has been based on the Victorian Vegetation Quality Assessment Manual, and was developed primarily for the purpose of properly accounting for vegetation condition in planning, monitoring and decision-making. It outlines criteria for vegetation communities and ‘provides a step-by-step approach to conducting assessments in the field and useful hints for ensuring consistency of application and data collection.’

Assessors using the manual will require access to other DPIW resources, including TASVEG vegetation community descriptions, maps and benchmarks. While the manual has been designed such that assessors do not require highly specialised expert knowledge of native vegetation, a certain level of expertise is mandated in the manual.

Irrigation Development Board formed

The Tasmanian Government has announced the formation and composition of the new Irrigation Development Board (board), which will drive a number of Tasmanian water infrastructure projects. The projects are intended to help drought-proof Tasmania by providing an additional 250 thousand ML of water every year.

The responsibilities of the board will include the acquisition of user contributions, coordination of appropriate partnership and consultative arrangements and, with the support of departmental staff, the overall governance of the water development programme. The board must also ensure that water infrastructure projects:

• provide greater water security for farmers and regional communities
• take account of the interests of local communities and key stakeholders
• are economically viable and technically feasible
• leverage investment by water users to augment public funds
• are facilitated in an efficient, cost-effective and timely manner
• ensure the ongoing environmental sustainability of Tasmania's water resources, and
• comply with relevant state and Commonwealth legislation and policy.

Water and sewerage reform suggestions accepted

The Tasmanian Cabinet has accepted the recommendations of the Ministerial Water and Sewerage Taskforce (taskforce), opting for a local government-owned regional business model as the basis for structural and regulatory reform of water and sewerage services provision.

The reforms propose that ownership of infrastructure and control over water and sewerage activities are transferred to three regionally-based, local government-owned corporations. These regional companies will each have an independent expert board and will be accountable to parliament for state-wide policy implementation and meeting minimum service standards. The new structure will incorporate a common service provider subsidiary to minimise duplication by meeting service requirements common to the three regional companies.

Legislation is expected to be introduced in the near future to implement both the structural and regulatory recommendations of the taskforce.

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Northern Territory

EPA to Review Environmental Assessment Act

One of the first responsibilities of the newly-appointed EPA Board will be to review the Northern Territory’s Environmental Assessment Act 1982 (NT). The minister has requested that the board look at whether there are any ‘potential loopholes’ in the operation of the Act.

EPA Chair announced

Dr Andrew Tupper, the acting regional director at the Bureau of Meteorology, will chair the Territory’s newly-created EPA. As discussed in the EQ 2007(3), the EPA is the Northern Territory’s first independent body of this type.

Environment Minister Len Kiely made the announcement on 5 March 2008, at the same time confirming that the other board members are:

• Professor Gordon Duff
• Professor Donna Craig, and
• Ms Judith King.

Dr Tupper and Professor Craig have been appointed for three years and Professor Duff and Ms King for 18 months.

First Climate Change Policy for the territory to be prepared

The Chief Minister and Minister for Climate Change has announced that the territory’s first policy on climate change would be prepared over the coming months. The minister used his first ministerial statement to make the announcement, emphasising that government agencies would be required to decrease their carbon footprint under the new policy. He also added that any climate change measures suggested in the policy would need to undergo a cost-benefit analysis.

A climate change expert will assist the recently created Climate Change Policy and Co-ordination Unit and the Climate Change Working Group in preparing the policy.

Daly Clearing Moratorium loses support of Cattlemen Association

As previously advised in EQ 2007(4), the possibility of lifting the Daly River land clearing moratorium has been under review.

At a meeting of the  Daly River Advisory Committee on 5 March 2008 the Cattlemen’s Association (association) acted on their opposition to the government’s decision to extend (for two years) a ban on land clearing and ‘stepped off’ the committee.

The association referred to the government’s gazetting of an interim development consent order to strengthen the ban on clearing, on 5 March, as demonstrating their clear intention to maintain the moratorium regardless of the committee’s recommendations.

Other environment groups are urging the association to rejoin the committee to ensure pastoral representation in its decision-making process.

Calls for submissions on Devils Marble Paper

A draft management plan, titled the Devils Marbles Conservation Reserve Draft Joint Management Plan, was released for public comment on 22 February 2008. The Parks and Wildlife Minister announced that the plan contained practical measures for the management of the Reserve, to be implemented through a partnership arrangement between the traditional owners and the territory government.

Management Plan in the Pipeline for West MacDonnell National Park

A draft of the West MacDonnell National Park Joint Management Plan is expected to be released in 2008/09 for public consideration. Discussions held in early March between representatives of the tourism industry and the Northern Territory Parks and Wildlife Service have been proclaimed a success by the participants.

The discussions held this year mirrored planning already carried out (over the last 18 months) between the Parks and Wildlife Service and the Park’s Traditional Owners.

A draft report is currently being circulated to participants for their feedback.

Applications Open for EnvironmeNT Grants

The 2008–09 EnvironmeNT Program, run by the DNRETA, is accepting applications. The program has been expanded this year to include a wildlife category.

Information pertaining to each of the grants available through the program, including application criteria and due dates, is available online.

Application for Sunday Creek Clearing

In early 2008 the Department of Natural Resources, Environment and the Arts (DNRETA) called for submissions in response to a Land Clearing Application for Sunday Creek Station, Sturt Plateau Pastoral District. Applications closed on 22 February 2008.

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Australian Capital Territory

Mandatory green energy

Under a scheme identified as part of the Government’s Climate Change Strategy, all electricity retailers will be required to make a ‘green’ first offer. The initiative aims to reverse the usual market approach of customers needing to actively seek and request the supply of green energy in preference to the cheaper conventional option. Retailers are required to roll out the offer by 1 January 2009.

ACT looking into developing a solar power plant

The ACT Government has announced that it will partner with ActewAGL to investigate a solar power plant large enough to power thousands of homes in the ACT. The study will be jointly funded.

The study will include an examination of:

• the economic viability of existing solar power technologies
• the cost of constructing and operating the solar facility
• any subsidies that might be required to ensure the plant would be commercially viable
• any regulatory and electricity pricing implications
• all planning and statutory requirements relating to the proposal
• potential locations for the facility
• the appropriate size of the facility, given solar conditions in the ACT and the expected demand
• opportunities that the proposal will bring for emissions reductions, and
• the expected environmental impact of the proposal.

For more information please contact