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In This Alert...

Legislative Changes and Proposed Legislative Changes…

o CTH – Regulation to Specify Proportion of Annual Fishing

o CTH – Waste Management Regulation to Include Particulars of Proposed

Export of Hexachlorobenzene

o VIC – Act to Abolish Victorian Agricultural Chemicals Advisory Committee

o WA – Various Changes Made to Land Administration Regulations

Open for Comment…

In Other News…

o CTH – GER Scheme Measurement Technical Guidelines 2015-16 and 2016-17

o QLD – New Biofuel Exemption Guideline

o QLD – New Online Service for the Waste Industry

o NSW – New Amending LEPs and SEPP

o QLD – Government Developing Atlas of Sites Potentially Contaminated by

Firefighting Foam

o VIC – EPA Fines Hardy’s Excavations $15,000 for Sand Extraction Without a

Licence

o ACT – New Hydrogen Energy Storage Investment

o CTH – Proposed CRIS: Cost Recovery for Environmental Assessments

o NSW – Environmental Consulting Services Pty Ltd Fined for Providing False

Waste Report

o NSW – EPA Fines EarthPower Technologies Sydney Pty Ltd $23,000

o CTH – CCA Final Report for Special Review

o NT – Draft Northern Territory Contaminated Land Guideline

o CTH – CER Releases Safeguard Baselines Table

o CTH – Paris Agreement and Doha Amendment to the Kyoto Protocol Tabled

o VIC – EPA Publications

o CTH – New Clean Energy Seed Fund Launched

In the Courts…

o Determination of Compensation of $15,324,830 for Compulsory Acquisition

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Enviro Alert: 35-2016

14 September 2016

WORKPLACE ENVIRO AUSTRALIA PTY LTD

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Legislative Changes and Proposed Legislative Changes…

CTH – Regulation to Specify Proportion of Annual Fishing

Status: Change – In Effect 3 September

Relevance: CTH

Industries: Fishing Industry; Fisheries

Keywords: Fishing Levy

The Commonwealth Fisheries Research and Development Corporation Amendment (Fishing

Levy) Regulation 2016 amends the Fisheries Research and Development Corporation Regulations 1991.

The purpose of the amending Regulation is to specify the proportion of the annual fishing levy that is the research component, and is therefore to be paid to the Fisheries Research and Development Corporation, in the 2015-16 financial year. Specifically, the amending

Regulation makes various amendments to rule 4A (Levies attached to the Corporation – fishing).

Go back to ‘In this alert’

CTH – Waste Management Regulation to Include Particulars of Proposed

Export of Hexachlorobenzene

Status: Change – In Effect 3 September

Relevance: CTH

Industries: Conservation; Waste Management

Keywords: Hazardous Waste – Export and Import

The Commonwealth Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) regulates the export, import and transit of hazardous waste to ensure it is managed in an

environmentally sound manner to minimise harmful effects on humans and the environment.

The Act implements Australia’s obligations under the Basel Convention on the Control of

Transboundary Movements of Hazardous Wastes and their Disposal (the Basel Convention), an international treaty set up to control the movement of hazardous waste from one country to another.

The Hazardous Waste (Regulation of Export and Imports) Amendment (Hexachlorobenzene) Regulation 2016 amends the Hazardous Waste (Regulation of Exports and Imports)

Regulations 1996 to include the particulars of a proposed export of hexachlorobenzene and other chlorinated waste which is currently stored by Orica Australia Pty Ltd (Orica) in Matraville, New South Wales to Finland for final disposal by HTI on land.

The Act regulates exports of hazardous waste from Australia to other Parties to the Basel Convention. Finland is a party to the Basel Convention. Orica has elected to export the waste

to Finland, which has HTI facilities with the capability to destroy hexachlorobenzene. The amending Regulation substitutes new rule 5A (Export particulars – hexachlorobenzene) to

prescribe export particulars for the purposes of section 18A(2)(a) of the Hazardous Waste (Regulation of Exports and Imports) Act (1989) 1990.

Go back to ‘In this alert’

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VIC – Act to Abolish Victorian Agricultural Chemicals Advisory Committee

Status: Change – Assented to but Not Yet Commenced

Relevance: VIC

Industries: Primary Industries; Agriculture; Local Government

Keywords: Agricultural Chemicals Advisory Committee

The Victorian Primary Industries Legislation Amendment Act 2016 amends the following

legislation:

Agricultural and Veterinary Chemicals (Control of Use) Act 1992; Biological Control Act 1986; Wildlife Act 1975;

Prevention of Cruelty to Animals Act 1986; Domestic Animals Act 1994;

Veterinary Practice Act 1997; Public Administration Act 2004.

The amending Act abolishes the Victorian Agricultural Chemicals Advisory Committee, and extends the moratorium on the destruction of restricted breed dogs.

The amending Act provides that licences under Part 3 (Scientific procedures) of the Prevention of Cruelty to Animals Act 1986) may be issued for a maximum of four years. It

also provides for the immediate suspension of the registration of a veterinary practitioner in certain circumstances. It makes various amendments to the Public Administration Act 2004

and the Wildlife Act 1975 (the Wildlife Act) in relation to the Game Management Authority, including to allow the Game Management Authority to refuse to grant a game licence if the applicant is found guilty of an offence against the Wildlife Act.

The amending Act makes various amendments to the Biological Control Act 1986 (the

Biological Control Act) as a result of the Biological Control Amendment Act 2016.

Go back to ‘In this alert’

WA – Various Changes Made to Land Administration Regulations

Status: Change – In Effect 7 Sep

Relevance: WA

Industries: Land Management; Planning and Development

Keywords: Land Administration

The WA Land Administration Amendment Regulations 2016 amend the Land Administration

Regulations 1998. The amending Regulations insert a new definition for ‘Jolimont land’ in rule 17E(1), and insert

new rule 17E(3) to provide that the relevant Minister may exercise the power described in section 75(7a) of the Land Administration Act 1997 if the application under section 75(7) of

the Act is made by the Western Australian Land Authority in respect of Jolimont land.

Go back to ‘In this alert’

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Open for Comment…

CTH – New IAEA Draft Safety Guide

ARPANSA coordinates the Member State comment on documents as they are developed and provides feedback on behalf of Australia to the IAEA through Safety Standards Committee

members. Comments on drafts are requested in relation to:

Relevance and usefulness – Are the stated objectives appropriate, and are they met by the document?

Scope and completeness – Is the stated scope appropriate, and is it adequately covered by the document?

Quality and clarity – Do the requirements/guidance in the document represent the

current consensus among specialists in the field, and are they expressed clearly and coherently?

Comments on the draft Safety Guide should be sent to ARPANSA at:

StakeholderComments@arpansa.gov.au

Using the member state comments template by 3 December 2016. Comments should refer to the relevant paragraph number in the document being reviewed, and when appropriate,

should propose alternative text.

For the Member State Comments Template, see:

http://www.arpansa.gov.au/pubs/international/MS_comments_template.docx

VIC – Calculating the Landfill Levy and Recycling Rebates

Landfills are an important part of Victoria’s waste management infrastructure. EPA’s role in

landfill management includes administering landfill levies and supporting landfill operators to comply with the regulations.

To improve EPA's support to landfill operators in complying with the regulations, it has developed a new draft of ‘Calculating the landfill levy and recycling rebates’ guidelines. The

public is invited to offer feedback about this draft until 22 September 2016. For the draft guideline, see: http://www.epa.vic.gov.au/~/media/Publications/1634.pdf

Comments on the draft guideline should be sent to EP: landfill.levy@epa.vic.gov.au.

NSW – Draft Waste and Resource Recovery Amendment (Container Deposit

Scheme) Bill

On 23 August 2016 the NSW Government released the draft Waste and Resource Recovery Amendment (Container Deposit Scheme) Bill 2016 and a CDS Regulatory Framework Discussion Paper for public consultation. Consultation will be open until 5pm, Wednesday 21

September 2016.

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These two documents build on the government’s announcement of a CDS in May this year by proposing a regulatory framework that will give effect to the NSW Container Deposit Scheme.

The draft Bill details the proposed objectives and structure of the scheme, the roles and

responsibilities of the various bodies that will run it and the obligations on beverage suppliers to ensure that they are included in the scheme. The Discussion Paper describes the other

parts of the regulatory framework that will be established once the Bill is passed, including a Regulation, Administrative Guidelines and contractual arrangements, and outlines how the scheme will work.

The public is invited to review the draft Bill and CDS Regulatory Framework Discussion Paper,

and to share your comments with the EPA during the consultation period. For the relevant documents, see:

NSW Container Deposit Scheme: Regulatory Framework Discussion Paper, see:

http://www.epa.nsw.gov.au/resources/waste/cds-regulatory-framework-discussion-paper-160489.pdf

Draft Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Bill 2016, see:

http://www.epa.nsw.gov.au/resources/waste/draft-waste-avoidance-resource-recovery-amendment-container-deposit-scheme-bill-2016.pdf

Please email your comments to: container.deposit@epa.nsw.gov.au

Post your submission to:

Container Deposit Implementation Team

Waste and Resource Recovery Branch Environmental Protection Authority

PO Box A290 Sydney South NSW 1232

QLD – Iron Ore Proposal

Mineral Resources Limited is proposing to construct and operate the J5 and Bungalbin East proposal about 100 kilometres north of Southern Cross, Western Australia.

A Public Environmental Review (PER) has been prepared by Mineral Resources Limited in accordance with Western Australian Government procedures and is released for public

review. The PER document describes the proposal, examines the likely environmental effects and the proposed environmental management procedures associated with the proposed

development. Hard copies of the PER may be purchased for $10 (including postage and packing) or a CD

version is available free of charge from:

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Mineral Resources Limited 1 Sleat Rd

Applecross WA 6153 Phone: 08 9329 3600

Copies of the PER are available for download from:

www.mineralresources.com.au/sustainability/public-environmental-review.html

Copies of the PER will be available for examination at:

State Library of WA, Perth Cultural Centre Battye Library, Perth Cultural Centre Yilgarn Shire Library, Southern Cross

Darius Wells Library and Resource Centre, Kwinana William Grundt Memorial Library, Kalgoorlie

Esperance Public Library, Esperance The EPA prefers submissions to be made online at:

https://consultation.epa.wa.gov.au/open-for-submissions/j5-bungalbin-east-per/consultation

Alternatively, submissions may be:

Posted to:

The Chairman, Environmental Protection Authority

Locked Bag 10 East Perth WA 6892;

or

Delivered to:

The Environmental Protection Authority Level 8, The Atrium, 168 St Georges Terrace, Perth.

If you have any questions on how to make a submission, please email: info@epa.wa.gov.au.

Submissions should be made before 31 Oct 2016.

TAS – ToRs for Independent Assessment of Proposed Salmonid Farming Operations at Okehampton Bay

The Marine Farming Planning Review Panel of the Department of Primary Industries, Parks,

Water and Environment (DPIPWE) made available for public comment the following Terms of Reference (ToRs), to assist it in its independent assessment of proposed salmonid marine farming operations at Okehampton Bay.

A key part of this growth is ensuring that the industry continues to be appropriately regulated

and its operations retain the confidence of the broader Tasmanian community.

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Earlier this month the Tasmanian Government announced an independent assessment by the Marine Farming Planning Review Panel of the adequacy of the environmental management

of salmon farming at Okehampton Bay. The Panel has now advertised publicly that the panel is seeking written submissions from interested members of the public, addressing the terms

of reference of the assessment, to assist it in performing this task. Submissions close at midnight on September 26.

The Government recognises that it is 20 years since the Plan for the area was first approved, and there have been significant changes to science and technology over that time, and as

such this assessment is important for community confidence. The Panel consists of eight members and includes experts representing various interests including the Environment

Protection Authority, recreational boaters, marine farming, marine resource management and local Government issues.

The Terms of Reference that the Panel will provide advice to the Minister on are:

The environmental science supporting the proposed environmental monitoring and

management of salmon farming at Okehampton Bay within the Great Oyster Bay and Mercury Passage Marine Farming Development Plan October 1998 (as reviewed in 2007) area; and

The adequacy of the environmental baseline data and surveys to allow the Director, Environment Protection Authority to establish a contemporary environmental

management regime for the proposed marine farming activity; and The adequacy of the Great Oyster Bay and Mercury Passage Marine Farming

Development Plan 1998 to allow for the implementation of a contemporary

environmental management regime for proposed salmon marine farming at Okehampton Bay.

The panel is expected to report back in early 2017.

The Tasmanian Government is committed to continuing to work with the industry to support sustainable, responsible and accountable growth of Tasmanian’s world-class salmon industry.

A copy of the Great Oyster Bay and Mercury Passage Marine Farming Development Plan October 1998 is available on the DPIPWE website:

http://dpipwe.tas.gov.au/Documents/GOBMP-MFDP-October-1998-(Modified-May-2010).pdf Submissions on the ToRs should be sent to the Marine Farming Planning Review Panel:

MFPRPOkehampton@dpipwe.tas.gov.au by 26 September 2016.

CTH – Proposed Alternative Purchasing Process: Direct Abatement Offers

The Carbon Credits (Carbon Farming Initiative) Rule 2015 provides the Clean Energy

Regulator (CER) with the ability to purchase carbon abatement through an auction or other purchasing process.

The Clean Energy Regulator released a market sounding paper to gauge the potential to purchase carbon abatement from certain types of projects other than through an auction.

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CER encourages anyone who may have a large project capable of delivering large volumes of well-priced abatement to provide feedback on the paper.

For the market sounding paper, see:

http://www.cleanenergyregulator.gov.au/ERF/Want-to-participate-in-the-Emissions-

Reduction-Fund/Step-2-Contracts-and-auctions/market-sounding-direct-abatement-offers

Submissions are accepted until 14 October 2016, and should be sent confidentially to:

CER-Consultations@cleanenergyregulator.gov.au.

CTH – Draft Guide Note on Petroleum Safety Zones

The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) made available for public comment the revised Draft Guidance Note: Petroleum Safety Zones and the Area to Be Avoided.

Petroleum safety zones are specified areas surrounding petroleum wells, structures or

equipment which vessels or classes of vessel are prohibited from entering or being present in. Administration of these provisions in Commonwealth Waters was previously undertaken by the Designated Authorities on behalf of the Commonwealth.

NOPSEMA’s role in Part 6.6 of the OPGGS Act involves assessment of applications for:

The prohibition of vessels from entering or being present in a specified area (the

petroleum safety zone) surrounding the petroleum well, structure or equipment, via

a notice published in the Gazette by NOPSEMA Written consent for vessels to enter and be present in a petroleum safety zone

Written authorisation for a vessel to enter and be present in ‘the area to be avoided’ (ATBA, a large defined area in the Bass Strait detailed in schedule 2 to the OPGGS Act).

Key features of NOPSEMA’s approach to administration include:

Only considering safety zones for petroleum wells, structures or items of equipment

as provided for in Section 616 of the OPGGS Act

Formal processes incorporating decision making criteria and timeframes; A requirement for applicants to demonstrate effective consultation with parties which

may be directly impacted A mechanism for interested parties to be informed of notices being gazetted.

NOPSEMA does not have a legislated role regarding alleged infringements of petroleum safety zones. NOPSEMA provides a reporting template to enable titleholders and facility operators

to capture and pass on relevant information to ‘authorised persons’ (Australian Federal Police, State or Territory Police, Defence Force, or Customs).

This information may assist authorised persons in exercising their powers under Division 5 of Part 6.6 of the OPGGS Act. In circumstances where an alleged infringement of a petroleum

safety zone requires the facility emergency response plan to be implemented the operator

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must notify and report the event to NOPSEMA as a dangerous occurrence in accordance with clause 82 of schedule 3 to the OPGGS Act.

For the draft notice, see:

https://www.nopsema.gov.au/assets/Guidance-notes/A495002-for-comment.pdf

Completed application forms should be emailed to: safetyzones@nopsema.gov.au by 29 September 2016.

If you would like to be kept informed about publication of petroleum safety zone

administration documents or the gazettal of notices establishing petroleum safety zones and authorisations to enter the ATBA you can subscribe by emailing:

safetyzones@nopsema.gov.au.

Please include your first name, surname, preferred email address, position, company and mobile phone or other contact details as appropriate.

NOPSEMA will not use or disclose your personal information for any other purpose without your consent; unless certain permitted situations exist under the Privacy Act 1988, or it is

required or authorised by another Australian law. NOPSEMA will not send your personal information overseas.

VIC – State-Wide Assessment of Public Land

On 17 September 2014, VEAC was requested to conduct a State-wide Assessment of Public Land. On 2 April 2015 the request was amended by the Minister for Environment, Climate Change and Water.

The purpose of the investigation is to carry out a state-wide assessment of public land in

Victoria which considers the recommendations of the council and its predecessors and the appropriateness of the current system of public land use categories established as a result.

The focus of the investigation is to provide information and recommendations to assist management effectiveness and is not intended to change the current levels of protection underpinning Victoria’s public land system.

The full Terms of Reference can be downloaded here:

http://veac.vic.gov.au/documents/Terms-of-reference-amendment-April-2015.pdf

The Interim Report on Public Land Classification was submitted to the Minister for the Environment, Climate Change and Water on 30 September 2015. The interim report covers

the first of the three specific terms of reference for the Statewide Assessment of Public Land. The material in the Interim Report has been updated and included in the Discussion Paper.

The Discussion Paper can be found at:

http://veac.vic.gov.au/documents/SAPL%20Discussion%20Paper_online_o.pdf and Draft

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The Proposals Paper is located at:

http://veac.vic.gov.au/documents/DEPI1123%20%20SAPL%20Draft%20Prop%20Paper_int

eractive.pdf The papers were released on 19 August 2016 and submissions in response to the paper are

now invited until Monday 7 November 2016. The final report is due to be submitted to the Minister by February 2017.

The submission period will close on Monday 7 November 2016. There is no required format for submissions, except that you must provide your name and contact details, including an

email address if you have one. Submissions may be made online here or by sending your written submission by post or email to:

veac@delwp.vic.gov.au

All submissions will be acknowledged. If you do not receive an acknowledgement within two weeks, please contact VEAC.

NSW – OEH Announces Grant Openings

A total of $4 million in grant funds is available to community groups and government entities

for a range of local environment restoration and improvement projects under the NSW Environmental Trust’s 2016/17 Restoration and Rehabilitation Grant Program.

Terry Bailey, Chief Executive, NSW Office of Environment and Heritage and Trust Secretary said the grants will deliver grassroots funding to local environmental projects that restore,

protect and enhance a variety of NSW environments:

This valuable grant program has been running for over 20 years, making it one of

the longest running environmental grant programs in Australia. Grants are awarded to help protect important ecosystems, to restore degraded environments and care for

habitats of rare and endangered flora and fauna. I encourage community groups, not-for-profit and government entities from across the state to apply for a grant and help their local communities protect and conserve our vital natural environment.

Fifty-six grants were awarded under this program last year and their projects are

now tackling a number of local environmental issues. Local councils, State Government agencies and community groups are now working to restore habitats for native and endangered species, improve water quality and rehabilitate wetland

areas. As an example, Greening Australia’s $96,730 project is helping improve habitat for the vulnerable Glossy Black Cockatoo. Working alongside landholders,

5,000 trees are being planted and community seed collection and bird identification workshops are taking place.

Applications open for the 2016/17 round of the Restoration and Rehabilitation Grant Program on 15 August 2016. Grants between $5,000 and $100,000 are available. Applications close on 26 September 2016. Visit the Environmental Trust website for applications and further

information:

www.environment.nsw.gov.au/grants/restoration.htm

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In addition, OEH has announced an extension of the Government’s successful Building Resilience to Climate Change (BRCC) program, which invites local government organisations

to apply for grants up to $80,000. The project builds resilience to climate change in local communities by addressing identified risks and vulnerabilities.

Announcing the third round of funding, OEH Deputy Chief Executive Ian Hunter said local

councils have a role in helping to manage the risks of climate change in their communities:

They are responsible for a broad range of services likely to face significant impacts from climate change, such as public infrastructure, development and planning,

environmental management, and protecting public health and safety. The third round of the Building Resilience to Climate Change program has now opened, offering $460,000 in grants for projects that build resilience to climate change.

LGNSW President Keith Rhoades said adapting to climate change is important for all spheres

of government, with the breadth of projects under consideration demonstrating a vast range of innovative and collaborative local solutions:

The high level of interest from local government in this issue shows councils are seeking to tackle climate change risks within their day-to-day operations, including

service delivery and infrastructure, to help protect their communities.

We are delighted that the Government has decided to extend this vital stream of

funding support for councils to address climate risks. The grants encourage collaboration through local alliances, common activities and resource

sharing, which builds capacity to address risks and vulnerabilities in regional communities.

Councillor Rhoades noted that the effects of climate change pose different risks in different areas of NSW. Fostering adaptation action at a local level helps all of NSW build resilience to climate change by creating networks between community organisations, local councils and

businesses and the NSW Government.

The Government’s climate information portal: www.climatechange.environment.nsw.gov.au provides local scale climate projections and impacts information, which enables local decision

makers to build resilience to extreme events and plan for the future. Mr Hunter said when State and local Government work together to manage the risks of

climate change in communities, it can reduce long-term economic, social and environmental costs. The first two BRCC rounds received proposals for 120 climate change adaptation

projects, seeking over $5 million in State Government support. So far 14 projects have been funded to the tune of $890,330. To date 60 councils, seven NSW agencies, four research institutions, three community groups, and four businesses are working together to deliver

adaptation projects across the state.

The BRCC is administered and supported by Local Government NSW. Application forms are available at:

www.lgnsw.org.au/policy/climate-change/building-resilience

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Grant applications should be sent to the Local Government NSW (LGNSW) using the online form (registration required) by 10 October 2016.

NSW – Development and Modification Applications

The DPE has invited public comment on various applications to develop or modify the

following projects:

Modification to Stratford Extension Project (17 August 2016) – comments should be

sent to the DPE by 14 October 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7897

Rocky Hill Coal Project (17 August 2016) – comments should be sent to the DPE by 14 October 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=5156

Digital conversion of existing sign, pedestrian overbridge, Princes Highway, Carss

Park (18 August 2016) – comments should be sent to the DPE by 16 September

2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7891

Mixed Use Development, 75-85 Harrington Street, The Rocks – comments should be sent to the DPE by 16 September 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7037

Resource Recovery Facility - Lead Acid Batteries – comments should be sent to the

DPE by 16 September 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7195

New Grafton Correctional Centre (Concept & Stage 1 Early Works) – comments

should be sent to the DPE by 12 September 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7413

Wambo Rail – Modification 3 – United Wambo – comments should be sent to the DPE by 22 September 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7887

Wambo Mine – Modification 16 – United Wambo – comments should be sent to the

DPE by 22 September 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7886

United Wambo Open Cut Coal Mine Project – comments should be sent to the DPE by

22 September 2016, for further information see:

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7142

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MP 10_0118 MOD 4 – Modification to Edmondson Park South Concept Plan and Amendment to State Environmental Planning Policy (State Significant Precincts) 2005

- comments should be sent to the DPE by 23 September 2016, for further information, see:

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7905

Calga Quarry MOD 3 – Crushing System – comments should be sent to the DPE by

12 September 2016, for further information, see:

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=7758

Comments should be sent to the DPE using the online form, which is available via each respective further information link.

VIC – Victorian Renewable Energy Auction Scheme

Energy and Earth Resources (EER) made available for public comment Consultation Paper - Victorian Renewable Energy Auction Scheme, which provides information on the Renewable

Energy Auction Scheme (the Scheme) that has been introduced to assist in the achievement of the state's new renewable energy generation targets. For the consultation paper, see:

http://www.energyandresources.vic.gov.au/__data/assets/pdf_file/0010/1348183/Consulta

tion-paper-Victorian-renewable-energy-auction-scheme.pdf In June 2016, the Victorian Government committed to Victorian renewable energy generation

targets of 25 per cent by 2020 and 40 per cent by 2025. These targets are considered ‘ambitious yet achievable, and will see an estimated $2.5 billion of investment and an

additional 4000 jobs in Victoria's renewable energy sector’. A competitive auction process will be used to help Victoria reach these targets. Through this process, renewable energy developers will bid for the long term contracts needed to make their projects viable.

You may read the media release ‘Renewable Energy Targets to Create Thousands of Jobs’ at:

http://www.premier.vic.gov.au/renewable-energy-targets-to-create-thousands-of-jobs/

Download the fact sheet on New Energy New Jobs:

http://www.energyandresources.vic.gov.au/__data/assets/pdf_file/0006/1317597/540889_

ELWP-0004_RenewNRG.pdf

A consultation paper on the detailed design of Victoria’s renewable energy auction scheme is now available through the link here:

http://www.premier.vic.gov.au/have-your-say-on-victorias-renewable-energy-auctions/

The consultation paper seeks feedback on the design of the overall scheme structure, as well as on specific scheme components including payment structure, contracting elements,

scheme administration and cost recovery mechanism, and auction evaluation principles.

Workshops will soon be held for key stakeholders and interested members of the public to provide verbal feedback on the consultation paper. All workshops will be located at the:

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Mantra on Russell, 222 Russell Street, Melbourne, Victoria. Register your attendance by emailing your details and the workshop session you are interested in attending at:

renewable.energy@delwp.vic.gov.au

WA – Exhibited Proposals and Associated Documents

The Environmental Protection Authority (EPA WA) has made available for public comment

various documents relating to the following referred proposals:

Kwinana industrial buffer - comments should be sent to EPA WA using the online form by 12 September 2016, for further information:

https://consultation.epa.wa.gov.au/communications/mandogalup-kib/consult_view

Public Environmental Review – Blue Hills Mungada East Expansion – comments should be sent to EPA WA using the online form by 27 September 2016, for further information:

https://consultation.epa.wa.gov.au/open-for-submissions/bluehills-mungada-

per/consult_view

CTH – Emissions and Energy Reporting System Open for 2015-16 Reporting Year

The Commonwealth Clean Energy Regulator (CER) has announced that the Emissions and Energy Reporting System (EERS) is now available for all National Greenhouse and Energy

Reporting (NGER) participants to submit energy and emissions reports for the 2015-16 reporting year.

According to the CER, amendments to the EERS for 2015-16 include:

Legislative changes to reflect the National Greenhouse and Energy Reporting (Measurement) Determination 2008 (1 July 2016) for 2015-16;

The incorporation of Method 1 uncertainty calculations; A summary of entered data presented at the corporate group and facility level,

without needing to generate a report; and General improvements to layout to minimise the number of clicks to get to the most

frequently accessed areas of EERS.

NGER reports should be sent to the CER using the client portal (registration required):

http://portal.cleanenergyregulator.gov.au/ by 31 October 2016.

For further information, see: http://www.cleanenergyregulator.gov.au/NGER/Events

NSW – Moore Park Master Plan 2040

A draft masterplan for Moore Park will be on public exhibition until 25 September.

The draft Moore Park masterplan aims to improve the park’s accessibility, create recreation opportunities, enhance green space and improve traffic flow and parking within the park and surrounding neighbourhoods. NSW Environment Minister, Mr Speakman said:

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Moore Park is on the doorstep of Australia’s largest urban renewal project, with about 60,000 new residents set to move into neighbouring suburbs in the coming years and

we want to ensure they have the best possible parklands to enjoy.

For the draft, please see: http://moorepark.sydney/masterplan/

The draft masterplan is on exhibition until 25 September at Moore Park Master Plan 2040. Comments on the draft Plan should be sent to Elton Consulting by 25 September 2016 at:

https://www.surveymonkey.com/r/mooreparkdirections

NSW – Murrurundi Pass Draft Plan of Management

Parks and reserves established under the NSW National Parks and Wildlife Act 1974 are

required to have a plan of management. The exhibition of the draft plan provides members of the community with the opportunity to have a say in the future management directions

for the national park. The Murrurundi Pass National Park (Community Conservation Area Zone 1) Draft Plan of

Management is on exhibition until 10 October 2016.

For the draft plan, see: http://www.environment.nsw.gov.au/publications/parks/murrurundi-pass-np-pom-draft-

160298.htm

Submit your written feedback on the draft plan by 10 October 2016 by using the online submission form:

http://www.environment.nsw.gov.au/publications/parks/murrurundi-pass-np-pom-draft-160298.htm

On the NSW Office of Environment and Heritage website, by emailing:

npws.parkplanning@environment.nsw.gov.au

Or by writing to:

NPWS Planner Murrurundi Pass National Park Draft PoM PO Box 707

NOWRA NSW 2541

NSW – Copeland Tops State Conservation Area Draft Plan of Management

The Copeland Tops State Conservation Area Draft Plan of Management is now available for

review and comment. Public exhibition of the draft plan provides an important opportunity for members of the community to have a say in the future management of Copeland Tops State Conservation Area.

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Parks and reserves established under the National Parks and Wildlife Act 1974 need to have a plan of management. The plan includes information on important park values and provides

directions for future management. The plan of management is a legal document, and after the plan is adopted all operations and activities in the park must be in line with the plan.

The draft plan of management is on public exhibition until 2 December 2016 and anyone

can review the plan and provide comments. At the end of the public exhibition period in December 2016, National Parks and Wildlife

Service (NPWS) will review all submissions, prepare a submissions report and identify potential changes to the draft plan. The Lower North Coast Regional Advisory Committee and

the National Parks and Wildlife Advisory Council will then review the plan along with the submissions and report, as required by the National Parks and Wildlife Act.

The submissions, and Advisory Committee and Advisory Council advice are provided to the Minister as part of finalising the plan. The plan of management is finalised when the Minister

for the Environment adopts the plan under the National Parks and Wildlife Act. Once a plan is adopted, it is published on the Office of Environment and Heritage website and a public notice is advertised in the NSW Government Gazette.

For further information on the plan of management, please contact the NPWS Park

Management Planning Team on 02 6841 0921. Hard copies are available for viewing at the following locations:

NPWS Barrington Tops Area Office, 59 Church St, Gloucester

OEH Customer Centre (Level 14, 59–61 Goulburn Street, Sydney). Public exhibition for the plan is from Friday 26 August 2016 to Friday 2 December 2016.

You are invited to comment on the draft plan by sending a written submission during this time.

While all submissions count, they are most effective when we understand your ideas and the outcomes you want for park management. Below are some suggestions to help you write

your submission:

Write clearly and be specific about the issues that are of concern to you. Note which part or section of the plan your comments relate to. Give reasoning in support of your points — this helps avoid misinterpretation and

makes it easier for us consider your ideas. If you agree or support a particular part or idea in the plan, please tell us.

If you disagree, please tell us specifically what you disagree with and why you disagree.

It is very helpful to suggest solutions or alternatives to managing the issue if you can.

During this period, members of the public are invited to comment on the document, by sending a submission.

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Postal address:

The Planner, Copeland Tops SCA NPWS

PO Box 361 GRAFTON NSW 2460

Email: npws.parkplanning@environment.nsw.gov.au

NT – Draft Advice Regarding Dr Allan Hawke's Review

The Northern Territory Environment Protection Authority made available for public comment Draft Advice Regarding Dr Allan Hawke's Review of the Northern Territory's Environmental Assessment and Approval Processes, which reviews and assesses the recommendations made

by Allan Hawke in his government-sponsored 2015 review of the framework for environmental assessment and approvals.

NT EPA chair Bill Freeland stated that the Draft Advice identifies that the Hawke review's proposed sectoral model contains significant conflicts of interest and inefficient and ineffective

processes likely to perpetuate existing deficiencies in environmental management in the Territory.

Mr Freeland added that the NT EPA is proposing an alternate model for a single environmental approval that will ensure the reforms do not promote conflicts of interest in decision making,

are efficient, less arduous, less expensive and provide for more certain implementation of a credible model framework than recommended by the Hawke review.

Submissions on the Draft Advice should be sent to the NT EPA: ntepa.consult@nt.gov.au using the submission form:

https://ntepa.nt.gov.au/__data/assets/word_doc/0004/368059/comments_submission_form_draft_advice_response_hawke.docx

By 30 September 2016.

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In Other News…

CTH – GER Scheme Measurement Technical Guidelines 2015-16 and 2016-17

The National Greenhouse and Energy Reporting (Measurement) Technical Guidelines (NGER

Technical Guidelines) assist corporations and liable entities to understand and apply the NGER (Measurement) Determination 2008. The NGER Technical Guidelines outline calculation

methods and criteria for determining greenhouse gas emissions, energy production, energy consumption and potential greenhouse gas emissions embodied in natural gas.

Users of the NGER Technical Guidelines should note that the guidelines are derived from the Measurement Determination. In cases where a corporation perceives a contradiction between

the NGER Technical Guidelines and Measurement Determination, and the Measurement

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Determination takes precedence. The National Greenhouse Account Factors do not apply and have no standing in relation to reporting under the NGER legislation.

The National Greenhouse and Energy Reporting Act 2007, the Regulations under that Act and

the National Greenhouse and Energy Reporting (Measurement) Determination 2008 establish the legislative framework for a national greenhouse and energy reporting system.

These NGER Technical Guidelines embody the latest methods for estimating emissions and are based on the National Greenhouse and Energy Reporting (Measurement) Determination

2008 as amended (‘the Determination’) through the periodic public consultation and review process. The Technical Guidelines provide additional guidance and commentary to assist

reporters in estimating greenhouse gas emissions for reporting under the NGER system. The most current publication applies to the 2016-2017 reporting year.

The NGER Scheme’s objectives are set out in the National Greenhouse and Energy Reporting Act 2007. These comprise:

Informing government policy formulation and the Australian public; Meeting Australia's international reporting obligations; Assisting Commonwealth, State and Territory Government programs and activities;

Avoiding the duplication of similar reporting requirements in the States and Territories.

The NGER Technical Guidelines will need to be revised as new information on emissions estimation methods becomes available. Each year, the guidelines will be updated to include

the latest Scope 2 emission factors, and to reflect changes made to the Measurement Determination.

For the technical guidelines see:

NGER Technical Guidelines – reporting year 2016-17, August 2016, see:

http://www.environment.gov.au/climate-change/greenhouse-gas-

measurement/publications/nger-technical-guidelines-reporting-year-2016-17

NGER Technical Guidelines – reporting year 2015-16, August 2016, see:

http://www.environment.gov.au/climate-change/greenhouse-gas-

measurement/publications/nger-technical-guidelines-reporting-year-2015-16

NGER Technical Guidelines – reporting year 2014-15, July 2014, see:

http://www.environment.gov.au/climate-change/greenhouse-gas-

measurement/publications/nger-technical-guidelines-2014

NGER Technical Guidelines – reporting year 2013-14, July 2013, see:

http://www.environment.gov.au/climate-change/greenhouse-gas-

measurement/publications/nger-technical-guidelines-2013

NGER Technical Guidelines – reporting year 2012-13, July 2012, see:

http://www.environment.gov.au/climate-change/greenhouse-gas-

measurement/publications/nger-technical-guidelines-2012

Go back to ‘In this alert’’

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QLD – New Biofuel Exemption Guideline

The Queensland Department of Energy and Water Supply (DEWS) has made available Biofuels Exemption Guideline (August 2016), which grants an exemption from the minimum

sustainable biofuel requirement under the Liquid Fuel Supply (Ethanol and Other Biofuels Mandate) Amendment Act 2015.

The new guideline intends to give small fuel businesses – mostly in regional Queensland – an

exemption under the State Government’s biofuels mandate has been tabled in Parliament. Biofuels Minister Mark Bailey stated that the threshold, which aims to drive growth of the

biofuels industry and jobs in regional areas while fast-tracking the development of a clean energy economy, is the right balance:

The Queensland biofuels mandate will play a key role in Queensland’s move to a clean energy economy and that it was important to protect our smaller fuel

businesses. The threshold means that 93% of all regular unleaded petrol sales in Queensland will continue to be captured by the mandate, but that smaller

businesses, who don’t sell much petrol will not need to comply. More than half of those smaller businesses are expected to be located in rural and

regional Queensland. The introduction of the biofuels mandate from 1 January 2017 will require Queensland’s fuel industry to meet targets for the sales of biobased

petrol such as E10 and biobased diesel. Mr Bailey said following extensive industry consultation, the ethanol component of the

mandate will only apply to fuel retailers who sell more than 500,000 litres of petrol at a site each calendar quarter or who own 10 or more sites. This change is not expected to lead to a

significant decrease in the amount of fuel sales captured by the biofuels mandate, and therefore potential ethanol sales.

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QLD – New Online Service for the Waste Industry

The Queensland Government has launched a new on-line service to assist with the day-to-

day operations of the State’s waste industry. Environment Minister Dr Steven Miles said the inclusion of the ability to track waste on-line

followed calls from within the industry for a system to better track waste. Those involved in the industry particularly wanted an on-line service to assist in tracking regulated waste. Dr

Miles said the move to on-line waste tracking would make it more efficient for operators to lodge regulated waste transport data and track their operations in one easy-to-use online system.

When compliance officers are auditing a facility that receives and stores regulated

waste, it will be quicker and easier to search records to establish whether the authorised and recorded deliveries tally with the amount of material the regulator is seeing on-site. That means that over time, the department is going to be able to

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redirect staff to more investigative and pro-active duties, where they will be able to pursue the operators who don’t lodge reports and don’t play by the rules.

Regulated waste is commercial or industrial waste that is listed in Queensland’s

Environmental Protection Regulation 2008, and must be managed, transported and disposed of properly to prevent environmental harm or risks to community safety.

Dr Miles said EHP briefed industry peak association Waste, Recycling Industry Association (Queensland) WRIQ on the initiatives and associated changes to the Environmental Protection

Regulation in July. EHP contacted its regulated waste industry customers to seek final feedback by early August on the Connect portal and proposed changes to the regulations. Dr

Miles stated: We have collated this feedback into a consultation report and provided this to

industry and industry comments and feedback has been used to fine-tune our processes before they formally come into play on 5 September 2016.

The department is continuing to provide information to the waste industry through regular mail outs and wherever possible personally contacting waste operators to support the

industry through this change.

The State Government invested an additional $1.9 million in the recent State Budget to improve waste management, and create jobs in recycling.

For further details on Connect and EHP’s regulated waste management see:

www.ehp.qld.gov.au/waste/guidelines-information.html.

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NSW – New Amending LEPs and SEPP

The following statutory rules have been made under the Environmental Planning and Assessment Act 1979 and amend the State Environmental Planning Policy (Sydney Region

Growth Centres) 2006: 29 August 2016

Camden Local Environmental Plan Amendment (Sydney Region Growth Centres-

Turner Road Precinct) 2016 State Environmental Planning Policy (Sydney Region Growth Centres) Amendment

(South West Priority Growth Area) 2016

Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 38) 2016

2 September 2016

Brewarrina Local Environmental Plan (2012) (Amendment No 1) 2016

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21

QLD – Government Developing Atlas of Sites Potentially Contaminated by

Firefighting Foam

The Queensland Government is working on an ‘atlas’ of priority areas where contaminated

firefighting foam is possibly being stored in Queensland. Environment Minister Dr Steven Miles said the work would help the government develop a ‘detailed view’’ of where older and

possibly contaminated firefighting foam existed.

The State Government has already banned new stocks of firefighting foam that may contain

per- and poly-fluoroalkyl substances (PFAS) and have informed commerce and industry that any existing stocks must be withdrawn as soon as possible. The Government now is reviewing the locations and scale of firefighting foams throughout Queensland that may contain PFAS

and engaging with commerce and industry to ensure they know and understand their obligations.

According to Dr Miles:

We’ve engaged across industry, including with ports administration, users and

tenants, mining service suppliers, bulk fuel storage facilities and with relevant government agencies. We are working to build up an ‘atlas’ of priority areas that will give us a detailed view of where older and possibly contaminated firefighting foam

may still exist.

Dr Miles said the Government had acted to restrict the supply and installation of PFAS

substances at the centre of the current issue of contamination from defence and civilian airports across Australia. The ban brought into place in July this year required that any existing stocks of foams at commercial and industrial premises containing

perfluorooctanesulfonic acid (PFOS), the compound of most concern, were withdrawn from service as soon as possible. The ban also required that firefighting foams containing related

PFAS substances were phased out and replaced as soon as practicable with more sustainable alternatives.

Some users have already transitioned away from PFAS-based fire-fighting foam after the risks of these chemicals became increasingly apparent since the early 2000s. For example, the Queensland Fire and Emergency Service has been using PFAS-free firefighting foam since

2003, as have many other key industries worldwide. EHP has briefed engineering and waste industry representatives to prepare effective and economic methods for cleaning out and

disposing of old PFAS foam stocks.

Dr Miles said he appreciated many Queenslanders were concerned with the ongoing issue of

PFAS contamination at Defence and civilian airports and its potential to affect health and the environment, and he shared those concerns.

The Federal Government has ultimate responsibility for PFAS contamination at Defence sites and civilian airports, and also off-site where contamination is likely to have extended beyond site boundaries. The Queensland Government has asked to be kept informed of the results

and any key developments. The Department of Defence and Air Services Australia have advised the Queensland Government that final reports including sampling results would be

published as they become available.

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22

VIC – EPA Fines Hardy’s Excavations $15,000 for Sand Extraction Without a

Licence

The NSW EPA issued a $15,000 penalty notice to Hardy’s Excavations Pty Limited for

extracting sand from Eaton’s Quarry at Bagotville near Ballina without holding an environment protection licence.

A licence is required for quarry operators who extract more than 30,000 tonnes of material

per annum. An EPA investigation revealed that Hardy’s operation was over the threshold, having extracted over 38,500 tonnes of sand in the period from 3 July 2014 to 30 October 2014. EPA Manager North Coast Region Brett Nudd advised that operators must carefully

monitor the volume of material they are producing and ensure they have a licence, if required:

Large scale extraction activities have the potential to impact on water quality if sediment laden run-off leaves the site. Dust and noise can also be an issue if not

managed properly. While there was no environmental impact detected from Hardy’s activities, it is vital that an environment protection licence is in place, where

required, to prevent pollution. For more information about the EPA’s regulatory tools, see the EPA Compliance Policy:

http://www.epa.nsw.gov.au/legislation/prosguid.htm.

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ACT – New Hydrogen Energy Storage Investment

ACT Minister for the Environment and Climate Change Simon Corbell stated that International businesses will invest $180 million to bring hydrogen energy storage to Canberra, including

the first hydrogen fuelled car fleet and service station.

The partnership is expected to position the ACT as a leader in a growing market, creating opportunities for local researchers and businesses. The investment has been made possible through the recent 200MW Next Generation Renewables auction. The companies that were

successful were required to make contributions to the Government’s vision for Canberra as an internationally recognised centre for renewable energy innovation and investment.

Neoen and Megawatt Capital (developers of the Hornsdale Wind Farm) will invest $55 million in partnership with Siemens and Hyundai to establish a 1.25MW hydrogen electrolyser, which

converts electricity to hydrogen. The initiative, to be established here in Canberra, will include a refuelling station and service centre and an initial fleet of 20 hydrogen fuelled cars including

a technical support and research program. Siemens will also establish an office in Canberra’s renewable energy innovation precinct.

Union Fenosa (developer of the Crookwell Wind Farm) will invest $125 million including a research and development partnership with the Australian National University and ActewAGL

Distribution. This will focus on renewable energy power to gas (ReP2G), investigating efficiencies in the production of hydrogen from renewables and how it can then be introduced

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to the ACT gas network or provide support to the electricity network. A pilot testing facility will also be established in the ACT to produce hydrogen from water using the ACT’s 100%

renewable electricity supply.

Mr Corbell noted that the ACT is set to have 100% renewable electricity by 2020, which will reduce our greenhouse gas emissions by 40% on 1990 levels, we can focus on reducing other

sources of greenhouse gases and maintaining the ACT’s position as a leader in energy innovation:

One of the next great challenges is our transport sector which will overtake electricity to be 60% of our city’s emission in 2020. The future for transport is clear – it is

renewable and it is electric. Both batteries and hydrogen energy storage technologies may have important roles to play as we electrify our vehicle fleets, and have an electricity grid based on 100% renewable energy.

Hydrogen technologies could be an important complementary technology to battery

storage with several advantages as an energy storage medium. Hydrogen has a much higher energy density and, in the case of electric vehicles, it is much faster to fill a tank with hydrogen than to charge a battery from the grid. A higher energy

density also means a longer driving range.

Like batteries, hydrogen can be used to support a high penetration renewables grid drawing power when renewable production is excessive and producing power when renewable production is low. The only by-product of this process is pure water which

can be recycled through the system. Renewables to gas technology may also be an important contributor to a zero carbon future as it allows hydrogen and natural gas

to be produced from renewable energy sources like solar and wind energy. It is important that more research be done in this area.

Mr Corbell said he was pleased Union Fenosa will establish its Asia Pacific Renewable Energy Centre (APREC) in the ACT. This will bring the total number of national and international

companies that have established their wind headquarters in the ACT as a result of the auctions to four. Their headquarters will be responsible for reporting, settlements, maintenance scheduling, business development, project development and research.

Union Fenosa will also use local contractors throughout the construction period, supporting

at least 14 local jobs with further opportunities for Canberra small businesses to tender their services.

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CTH – Proposed CRIS: Cost Recovery for Environmental Assessments

The Commonwealth Department of the Environment and Energy (DoEE) has made available

an updated Proposed Cost Recovery Implementation Statement (CRIS): http://www.environment.gov.au/system/files/resources/148ab56d-0090-421a-ac66-

9d3c87d507e0/files/cris-2016-17.pdf

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Cost recovery for environmental impact assessments and strategic assessments commenced on 1 October 2014. The Environment Protection and Biodiversity Conservation (Cost

Recovery) Amendment Act 2014 received Royal Assent on 30 June 2014. The Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Regulation 2014 was

registered on the Federal Register of Legislative Instruments on 9 September 2014.

The CRIS includes details of fees and methods for determining fees, exemptions and waivers. Exemptions for cost recovery fees are available for individuals and some small businesses. The CRIS contains the fee structure for cost recovery as agreed by the Minister for the

Environment and Energy.

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NSW – Environmental Consulting Services Pty Ltd Fined for Providing False

Waste Report

The NSW EPA has issued two fines of $8,000 each to Environmental Consulting Services Pty

Ltd (ECS) after the consultant provided a report with two false statements about waste characterised as excavated natural material.

Environmental Consulting Services undertook sampling of excavated soil at a site at Bourke Rd, Alexandria in August 2015, in an effort to prove it was excavated natural material and so

could be lawfully transferred as fill to a commercial development in Gregory Hills, in Sydney’s west. However, ECS did not undertake the full number of tests required and the Gregory Hills

developer alerted the EPA to the matter. In response to EPA investigations, Environmental Consulting Services admitted that its

samples had not been tested for benzene, toluene, ethyl-benzene, xylenes, foreign materials, electrical conductivity, and pH, despite these tests being required by the EPA. The

concentration of copper also exceeded the requirements of the EPA’s resource recovery order. The report submitted by ECS had falsely stated that ‘the samples were tested for a range of

suspected contaminants at this site including for contaminants listed in the excavated natural material order 2014’ and ‘the concentrations in the stockpile meet the guidelines for

Excavated Natural Material’. EPA Director of Waste and Resource Recovery Steve Beaman said the incident was a timely

reminder to environmental consultancies to ensure they submit detailed and accurate waste reports:

Excavated natural material is very strictly defined: it must be 98% natural material

by weight, composed primarily of naturally occurring rock and soil, and meet specific thresholds when it comes to foreign materials, pH levels, electrical conductivity and certain chemicals. It is critical to the entire regulatory scheme that environmental

consultancies make sure their reports are true and not false, otherwise there is a risk that waste will not be classified correctly and will end up in the wrong place. It is for

these reasons that the EPA takes a strong line in response to any reports that are false or misleading.

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Reports should also include as much relevant detail about the waste material as possible, including about the site history, sampling methodology, proposed uses and conclusions.

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NSW – EPA Fines EarthPower Technologies Sydney Pty Ltd $23,000

The NSW EPA has fined EarthPower Technologies Sydney Pty Ltd (EarthPower) $15,000 for unlawful transportation of waste, and $8,000 for providing false information about the disposal of waste, at its food and grease trap waste processing facility in Camellia.

In early 2015, the NSW EPA began a compliance review of EarthPower’s Resource Recovery

Exemption (Exemption) for organic prills. The Exemption allows EarthPower to produce organic prills, a dry pelletised soil amendment for use as a fertiliser substitute, out of wastes processed at the plant.

On 25 November 2015 the EPA directed EarthPower to provide information and records

relating to the production and distribution of the organic prills. After reviewing the data, the EPA became concerned about a number of apparent breaches of EarthPower’s Exemption.

Further investigation by the EPA found that EarthPower had provided false information about its Exemption compliance and waste disposal. Testing data had been provided for material

other than organic prills, and incorrect information about the disposal of waste was also provided to the EPA. The investigation also uncovered the company’s unlawful transport and supply of approximately 13,700 tonnes of dewatered digestate waste to agricultural

properties at Maroota, which were not licensed to receive waste.

NSW EPA Unit Head of Resource Recovery, Dr Helen Prifti, said that following these incidents, EarthPower has been observed to be in breach of both sections 143 and 144AA of the

Protection of the Environment Operations Act 1997. The dewatered digestate has been land applied like a fertiliser and EarthPower is now required

to conduct further soil testing at the Maroota property to demonstrate that there are no long term harmful impacts. The actual level of overall harm from this is expected to be low.

The EPA informed EarthPower that it must comply with its Exemption conditions at all times and that there are significant fines and criminal penalties attached for any breaches.

EarthPower has since implemented measures to ensure that it meets its environmental and legal obligations. The EPA appreciates this responsiveness, and will continue to monitor

EarthPower, to ensure its continued compliance with environmental regulation.

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CTH – CCA Final Report for Special Review

The Commonwealth Climate Change Authority (CCA) has released the third and final report in its Special Review on the actions that Australia should take to meet its obligations in the historic Paris climate agreement. According to Dr Wendy Craik, the Chair of the Climate

Change Authority:

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The Authority found that one size cannot fit all of the many opportunities that exist to reduce emissions across our economy. Australia needs a set of measures – in

other words, a policy toolkit - that is well calibrated to capture reductions in different sectors.

The Authority is recommending that the Government puts in place a policy toolkit that uses

current measures like the Emissions Reduction Fund and the safeguard mechanism, as well as new measures, in a durable solution that would allow Australia to decarbonise its economy and plays its part in efforts to keep global warming well below 2 degrees. The Authority

emphasised the importance of a stable, effective set of policies to encourage investment in low-emissions technologies and practices. The overarching architecture for the toolkit would

remain in place to help provide investment certainty while the measures themselves evolve and strengthen over time.

For households, vehicles and buildings, establishing or strengthening existing energy efficiency standards is the way to go. On the land sector, the Authority found that voluntary

offsets are the best tool for the task, given the large number of landholders and the differences between farming operations. This final report of the Special Review marks the culmination of 18 months of research, analysis and talking to stakeholders about how

Australia should rise to the now pressing challenge of reducing its emissions.

Dr Craik also said that the final report did not seek to re-assess Australia’s 2030 Intended Nationally Determined Contribution (as the Paris targets are known). As the Authority indicated in the first report of this review, the third and final report of the Special Review is

focused on the policy actions that Australia should take to meet its Paris obligations.

The Authority also released its research report into policies that could be used to reduce emissions in the electricity generation sector. The report is based on economic modelling and analysis commissioned by the Authority, and is an important input into the Special Review.

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NT – Draft Northern Territory Contaminated Land Guideline

The Northern Territory Environment Protection Authority invites the public, community and industry to provide comment and feedback on the draft Guideline for NT Contaminated Land Guideline

The NT EPA has developed this Draft Guideline to:

Provide information about contaminated land and its regulation to contaminated land

practitioners and the community;

Minimise the risk of adverse impacts of land contamination on human health and the environment in the NT;

Establish a process for assessing and, where appropriate, re-mediating contaminated land which presents, or is likely to present, a risk of harm to human health or the environment;

27

Ensure that the NT meets its national obligations and plays its part in Australia meeting its international obligations under national and international agreements relating to

contaminated land.

How to make a submission/comment:

Download your copy of the draft Guideline for NT Contaminated Land Guideline:

https://ntepa.nt.gov.au/__data/assets/pdf_file/0011/369704/draft_nt_contaminated

_land_guideline.pdf

Complete the submission form:

https://ntepa.nt.gov.au/__data/assets/word_doc/0011/369506/comments_submissi

on_form_draft_contaminated_land_guideline.docx

Send your submission form to one of the following by no later than 5pm on Monday

24 October 2016:

Email: ntepa.consult@nt.gov.au Post: NT EPA, GPO Box 3675, Darwin NT, 0801

Ph: 08 8924 4218

All comments on the draft Guideline for NT Contaminated Land Guideline will be made available on the NT EPA website. If you do not want your comments or parts of your comments, or your identity made publicly available, you should clearly indicate this in your

submission.

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CTH – CER Releases Safeguard Baselines Table

The Commonwealth Clean Energy Regulator published a list of facilities that have been issued a reported baseline determination under the safeguard mechanism.

To date, 162 facilities have received a reported baseline determination under the safeguard

mechanism representing a broad range of sectors, including electricity generation, mining, oil and gas, manufacturing, transport and waste.

Inclusion on the safeguard baselines table does not mean a facility will be covered by the safeguard mechanism for 2016-17. Coverage will depend on whether the facility's covered

emissions for 2016-17 exceed the 100,000 tonne CO2-e safeguard threshold. The safeguard baselines table includes the name and ABN of the responsible emitter, the State or Territory of operation and the current baseline (number and type) for each facility. All responsible

emitters with safeguard facilities have been notified of their baseline determination and inclusion in the safeguard baselines table.

The safeguard baselines table will be updated on a weekly basis as baseline determinations are made and new information becomes available to the Clean Energy Regulator.

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CTH – Paris Agreement and Doha Amendment to the Kyoto Protocol Tabled

The Federal Government tabled the Paris Agreement on climate change and the Doha Amendment to the Kyoto Protocol for Parliamentary and public scrutiny. Australia is seeking

to ratify the Agreement by the end of this year.

The Paris Agreement represents a turning point in the global transition to a lower emission future with more than 190 countries coming together to create this historic agreement.

Under the Agreement, Australia will continue to set its own emission reduction targets in contribution to the international effort to hold the increase in the global average temperature

to well below 2 degrees above pre-industrial levels. The Federal Government’s advised that its suite of policies are working to reduce Australia's

emissions without driving up electricity prices. Already the Emissions Reduction Fund has seen 143 million tonnes of emissions reduction. The Government’s 2030 target of reducing

emissions by 26 to 28% below 2005 levels is in line with other developed economies and will halve our per capita emissions and reduce emissions by two-thirds per unit of Australia’s GDP. The Government has stated that it aims to ensure the energy system remains affordable

and reliable as Australia transitions to a lower emissions future.

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VIC – EPA Publications

The Environment Protection Authority Victoria made available the following publications.

The ‘Incoming water standards for aquatic ecosystem protection: PFOS and PFOA’, provides

guidance on new draft standards for perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), and their recommended application. EPA Victoria has advised that the draft standards will not be legislated in the state until 2018, for further information, see:

http://www.epa.vic.gov.au/our-work/publications/publication/2016/august/1633

The ‘Victorian domestic ballast water management’ is a brochure accompanying a suite of files which details domestic ballast water arrangements under the Environment Protection

(Ships' Ballast Water) Regulations 2006, for further information, see:

http://www.epa.vic.gov.au/our-work/publications/publication/2016/september/1162-3 Go back to ‘In this alert’

CTH – New Clean Energy Seed Fund Launched

The Clean Energy Finance Corporation (CEFC) and Artesian Venture Partners (Artesian) have jointly announced the launch of the $20 million Clean Energy Seed Fund. The $20 million

seed fund includes a $10 million cornerstone commitment from the new $1 billion Clean Energy Innovation Fund.

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The Clean Energy Seed Fund – the first of its kind in the Australian clean energy space – will focus on unearthing and financing emerging innovations and startups in clean energy. The

$10 million cornerstone commitment is the first project to be financed through the new Clean Energy Innovation Fund, which draws on finance and skills from the Clean Energy Finance

Corporation (CEFC) and the Australian Renewable Energy Agency (ARENA).

Funds available through the Clean Energy Seed Fund will be invested in clean energy startups in partnership with established clean energy accelerators. Funds will also be invested in ventures sourced from the broader Australian startup ecosystem, including other incubators,

university programs and angel groups.

The Clean Energy Seed Fund will invest at seed, angel and later stage follow on rounds in 30 to 50 startups over its 4 to 5-year investment period. The fund has been designed to appeal to corporate, institutional, high net worth individuals and impact investors looking to gain

diversified exposure to Australian clean energy startups.

The fund is seeking registration with Innovation Australia as an early stage venture capital (VC) limited partnership (ESVCLP) to provide investors with tax-free returns and will therefore be compliant with the Significant Investor Visa (SIV) Program. The seed fund is

targeting additional private sector equity investment of up to $10 million to complement the $10 million cornerstone commitment from the Clean Energy Innovation Fund.

As well as targeting high returns for investors, the Clean Energy Seed Fund has a number of key strategic goals which include:

Providing opportunities for partners in the seed fund to make larger, later stage

investments; Increasing the supply of clean energy startups in Australia by investing and

collaborating with a range of accelerators, incubators, universities, angel groups, VC

firms and corporates; Providing ‘pull-model’ VC support to solve specific problems in the clean energy

sector, encouraging greater investment and participation in the early stage clean tech sector and co-investment from a wide range of investors, including high net worth individuals, angel investors, venture capital firms, corporates and institutions.

Artesian Managing Partner Jeremy Colless advised that the Clean Energy Seed Fund will

target scalable, high growth potential startups, fueling innovation and creating opportunities in the development of clean technology; it will look across sectors such as the internet of things, energy storage, biofuels, alternative energy generation (solar, wave, geothermal,

wind), metering and control, green building and biomaterials, transport technologies, water and waste.

The Clean Energy Innovation Fund became operational on 1 July 2016, with the goal of

investing $1 billion over 10 years in eligible innovative clean energy projects. According to CEFC CEO Oliver Yates:

We have moved quickly to support innovation in the clean energy sector since the creation of the Innovation Fund. The Clean Energy Seed Fund is set to play an

important role in building a vibrant and sustainable early stage clean energy venture

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pipeline in Australia. The Seed Fund builds on our ability to accelerate investment across the clean energy sector, channeling finance where it can support the

transformation of innovative ideas into business realities. The co-investment fund model employed by Artesian Venture Partners encourages collaboration between a

wide range of accelerators, incubators, angel groups and university programs along with the strategic and financial inputs of high net worth individuals, corporate,

institutional and impact investors. This will ensure CEFC finance can be used to support innovation in energy efficiency, low emissions and renewable energy technologies that fit within our Investment Mandate for clean energy.

ARENA CEO Ivor Frischknecht made remarks that ARENA and the CEFC have a long history

of successfully working together and the new Fund provides us with an additional way to commercialise innovative clean energy projects.

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In the Courts…

Determination of Compensation in Sum of $15,324,830 for Compulsory Acquisition

TMG Developments Pty Ltd v Roads and Maritime Services

Land and Environment Court NSW August 2014

Extract from Judgment and commentary – The link to transcript can be found at the end of summary

This proceeding was a claim for compensation for the partial compulsory acquisition of the

applicant’s (TMG) 99-year leasehold interest, with about 78 years remaining (‘Headlease’), in the Manly Wharf complex on Sydney Harbour. The public purpose of the acquisition was to place all Harbour commuter wharves in public ownership.

Post-acquisition, the Manly Wharf complex had three components: a large covered passenger

ferry terminal (Lot 2 ‘Terminal’); a smaller uncovered passenger ferry pier (Lot 3 ‘Eastern Pier’); and a large retail centre (Lot 1 ‘Retail Centre’). The respondent acquiring authority and headlessor (‘RMS’) acquired Lots 2 and 3 (essentially the Terminal and Eastern Pier),

with TMG retaining its interest in the Retail Centre. TMG generated income from ferry operators from subletting and licensing the Terminal (‘Terminal Sublease’ and ‘SFF Licence’)

and Eastern Pier (‘MFF Licence’). However, the Terminal and Eastern Pier had a high cost burden since the Headlease required

TMG to maintain and repair the Manly Wharf complex. The parties used the valuation approach of capitalisation of net income in the before and after acquisition scenarios. TMG

contended for a market value of $50.2 million and special value and disturbance. RMS’s competing valuation was $2.5 million, or $3.5 million on RMS’s construction of cl 3.29 of the Headlease. This construction gave Sydney Ferries free use of the Terminal beyond the expiry

of the Terminal Sublease (meaning the capitalisation rate would only be applied to the shorter

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balance of Terminal Sublease, which expired in 2041, rather than the balance of the Headlease).

The ultimate issue was the value of TMG’s Headlease interest in Lots 2 and 3. The main sub-

issues included:

Whether cl 3.29 of the Headlease allowed Sydney Ferries free use of the Terminal for its ferry operations beyond the expiry of the Terminal Sublease;

Whether the Terminal Sublease annual market rental as at the 2011 date for rent

review, which did not proceed because of the proposal to carry out the public purpose of the acquisition, should be assessed using a comparable transactions

method using the SFF and MFF Licences with appropriate adjustments (as TMG contended), or a depreciated replacement cost method (“DRC method”) with assessment of land and improvements and fair rate of return (as RMS contended);

Assessment of Headlease gross income, outgoings, and capitalisation; and Whether a dual rate capitalisation, to allow for a sinking fund adjustment, should be

used (as TMG contended). The Court found that clause 3.29 of the Headlease could only operate where Sydney Ferries

had a sublease (or similar) and RMS’s construction could not be accepted. Disregard of lessee’s goodwill as required by rent review clause did not require disregard of goodwill

attributable to location, and consequently did not require disregard of patronage of Sydney Ferries. It was found that the differences between the SFF and MFF Licences and the Terminal Sublease were insufficient to preclude reliance on the former as comparables. The

hypothetical parties negotiating for the 2011 Terminal Sublease market rent would have taken the SFF and MFF Licences into account as comparable transactions with adjustments.

There would have been no automatic default to the accounting based DRC methodology. Adoption of the DRC method to the complete exclusion of market evidence was a last resort.

The Court concluded that there would have been some value attributed to Terminal retail potential. Maintenance and repair costs should be annualised rather than capitalised since

they detract from income generating capacity. However, 5-year upfront maintenance and repair costs should be deducted from capital value. ‘Lessor's Improvements’ as defined only covered the specified 1987 assets that formed part of the original demise. Any Lessor’s

Improvements not in existence as at the relevant date of enquiry must still be included in the assessment of the base rent. The 1987 depreciation factor should be applied to agreed

current replacement costs. It was realistic to adopt the land value determined in 2006 by an independent valuer as neither party’s valuer’s residual land value analysis could be accepted.

The balance of the term of the acquired Headlease interest at the acquisition date could be regarded as a wasting asset and a dual rate capitalisation was preferable. The Terminal

Sublease involved difficult construction issues and unclear maintenance and cost obligations that contributed elements of risk that needed to be offset against the security of income by

increasing the capitalisation rate in the before scenario. The Retail Centre capitalisation rate required an upward adjustment in the after scenario to reflect a loss control over retail development in the Terminal.

Compensation was determined at $15,324,830.

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The full transcript of the Court’s Judgment can be found at:

https://www.caselaw.nsw.gov.au/decision/54a63ed63004de94513dc2ad

Yours Faithfully,

Workplace Enviro Australia Pty Ltd Important Note The information contained in this Environmental Alert is in general terms only and does not constitute legal advice or other professional advice. The information contained in this Environmental Alert should not be relied upon and

is no substitute for seeking legal or other professional advice as appropriate to any facts, circumstances and materials that might be necessary for you to provide to a professional advisor. While all reasonable care is taken in producing Environmental Alerts, Workplace Enviro Australia, its consultants, lawyers and all others involved in providing this Environmental Alert all expressly disclaim all and any liability for the results of any actions or failure

to act taken on the basis of this Alert, and for any error or omission arising there from. The information contained therein does not necessarily reflect the views of the management of Workplace Enviro Australia. Should you wish

to discuss this further, please contact Workplace Enviro Australia on 02 9387 1248 DISCLAIMER PRIVATE AND CONFIDENTIAL

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