Round-up

Key Points:

Victoria: Amendment of Environment Effects Act 1978 (Vic) and New Ministerial Guidelines

The final version of the new Ministerial guidelines for assessment of environmental effects were released on 30 June 2006. This coincides with amendments to the Environment Effects Act 1978 which came into force on the same day.

The Act provides for assessment of proposed projects that are capable of having a significant effect on the environment. The Guidelines, made under section 10, supplement the requirements of the Act by providing detail about the administration of the Environment Effects Statement ("EES") process including:

• Scoping and preparation of an EES
• Public review of an EES
• Consider public submissions
• The Minister's assessment
• Co-ordination with other statutory processes.

The Guidelines are the third and final version of a document that underwent an extensive consultation process commencing in August 2005. Proponents of projects considering the need to refer their project to the Minister for assessment as to whether an EES is required need to take these new Guidelines into account.

- Chris Wiseman

Victoria: Introduction of the Growth Areas Authority

The Planning and Environment (Growth Areas Authority) Act 2006 was assented to on 13 June 2006 and is scheduled to commence on 1 November 2006. The Act amends the Planning and Environment Act 1987 to establish the Growth Areas Authority. The primary function of the Authority is to make recommendations and report to the Minister on the planning, use, development and protection of land in growth areas.

The Act authorises the Minister to designate certain land as a growth area and to add or remove land from established growth areas. It also identifies specific local councils as "growth area councils" including the municipalities of Cardinia, Casey, Hume, Melton, Whittlesea and Wyndham.

The objectives of the Authority, amongst others, are to ensure that development in growth areas and the provision of infrastructure, services and facilities to those areas, occurs in a coordinated and timely manner. The Authority also aims to promote housing diversity, employment opportunities and the sustainable development of land.

- Jessica Kaczmarek

South Australia: Climate Change and Greenhouse Emissions Reduction Bill (SA)

South Australia is responding to the issue of climate change by attempting to enshrine in legislation a cut in greenhouse gas emissions. The Draft Bill was released on 28 June for a three month public consultation period, and aims to:

• set a target to achieve a reduction in greenhouse gas emissions within the State by 60% of what they were in 1990 by 2050;
• promote the use of renewable sources of energy, so that 20% of the State's electricity consumption comes from renewable energy by 2014;
• promote business and community understanding about issues surrounding climate change; and
• facilitate the early development of policies and programs to address climate change.

At this stage there are no detailed provisions outlining what this means for businesses, however submissions on the Draft Bill may be made until 29 September 2006.

- Martine Wilson

South Australia: Strengthening of the Environment Protection Act 1993 (SA)

The Environment Protection (Miscellaneous) Amendment Act 2005 (SA) was assented to on 9 June 2005 and amends the Environment Protection Act 1993 (SA) to grant the Environment Protection Agency (EPA) wider powers in dealing with breaches of the Act. The implementation of several of the amendments was delayed until 1 July 2006. These include:

• An amendment to the offence of environmental nuisance to include a strict liability element. This significantly lowers the evidential burden on the EPA and corresponds with the level of proof required for more serious environmental offences in the Act. While ensuring that the burden on the EPA of proving the offences is substantially less onerous, the amendments also introduce lower penalties and the ability of authorised officers to issue expiation notices in relation to less serious nuisance offences in order to avoid costly prosecutions.
• The introduction of a new civil penalty system to allow the EPA to seek "civil remedies" for breaches of less serious environmental offences under the Act. Imposed following an application by the EPA to the Environment, Resources and Development Court, the possible civil penalties include restraining orders, costs orders and possible fines of up to $120,000. Persons subject to an application for a civil penalty may also elect to be prosecuted rather than be subject to the civil contravention provisions.

- Ryan Saundry