Environmental compliance news for business

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What's coming up: carbon and environmental developments around the nation

The first in a regular new CE Daily series that details what to look out for over the next few weeks, including regulatory changes, new grant schemes and federal and state policy proposals open for comment.

Federal:

There are just over four months to go before the carbon price kicks in, and directly liable entities will by now be well on the way to finalising their compliance strategies.

For others, the tasks will be simpler.

They include staying on the right side of the ACCC when announcing any carbon-related price increases (see related article), looking for energy efficiency opportunities (and reappraising previously rejected ones) and making sure suppliers provide evidence to back up any price rises they link to the carbon price.

Companies should also quiz their energy suppliers about what services they might offer to help lower costs (see related article).

Businesses should also investigate new programs that are offering funding for projects that reduce energy use or emissions.

Those seeking a share of first-round funding under the $1 billion in "clean technology" grants now on offer from the Federal Government should register for one of the information sessions scheduled for the next few weeks (see related article).

And applications close in March for three energy efficiency schemes that will fund projects undertaken by councils, industry associations, community groups and non-profits (see related article).

Various supporting regulations for the carbon price scheme will emerge over the next few months, with most interest focused on the 'jobs and competitiveness' regulations that will prescribe industry assistance arrangements.

Expect the final regulations (due to be made in the next week or so) to be a minor revision of the draft version (see related article), rather than fundamentally different.

If you want to have a say on federal energy policy then you have some important deadlines coming up in the next few weeks.

Comment on the draft energy white paper (see related article) is due by March 16 and the department is part-way through a schedule of consultation workshops.

Submissions are due on March 12 and 13 on plans to expand the Energy Efficiency Opportunities scheme, a program that obliges participants to assess how they could cost-effectively reduce energy use (see related article).

Companies might also want to mark April 2 on their calendar. That is the date on which the Clean Energy Regulator (which will administer the carbon price scheme) officially opens for business – even though the scheme itself doesn't begin until July 1.

Those with an interest in waste issues should note that March 30 is the closing date for submissions on the consultation regulatory impact statement on "packaging impacts" (see related article) and the environment department is now part way through a series of associated workshops.

NSW:

A parliamentary committee inquiry into Orica's discharge of chromium VI and the company's tardiness in notifying it (see related article) is due to report.

Meanwhile, the legislative changes that reverberated through NSW in the wake of the Orica incident are now mostly in place, although some details are yet to be finalised.

Companies wanting to comment on guidelines that describe how to meet new obligations to disclose environmental monitoring data need to do so by February 24 (see related article).

New requirements to prepare pollution incident response management plans are expected to commence on February 29 and companies will have six months to comply (see related article).

On the energy front, those with an interest in wind power have until March 14 to comment on proposed planning guidelines that would ban turbines within 2km of residences unless there is written agreement from relevant landowners or the project is specially permitted.

They also have until March 30 to make a submission to a Legislative Assembly public accounts committee inquiry into the economics of energy generation.

Businesses have until March 2 to comment on the State Government's planning system review issues paper (see related article), while consultation workshops on NSW's review of the waste levy (see related article) began this week and will continue for the next few weeks.

Victoria:

Before the end of March, the Victorian Government must publicly release the review of the Climate Change Act – the state's two-year-old law that targets a a 20% reduction in emissions by 2020.

Most attention will be focused on its recommendations on whether to retain the target and its conclusions on the role of the EPA in regulating greenhouse gases (see related article).

But it might also make recommendations on new actions that the Government should take – and given that climate change seems to have slipped off the Baillieu Government's radar (see related article), its response to any such recommendations will be of interest.

Meanwhile, the Government has had the report of a review of Sustainability Victoria (see related article) in its hands since last August, though it has given no indication of when it will choose to release it or make its response.

Another environmental issue on which some new announcements might be made soon is contaminated sites – Victoria's auditor-general last year issued a scathing report on how they are managed and the Government responded by stating it would take action (see related article).

Due this month is the report of a parliamentary committee inquiry into a bill that would establish a container deposit scheme in the state, with the bill's advocate, Greens MLC Colleen Hartland, having indicated recently that she would consider a 12-month hiatus to see if a scheme emerges at the national level.

South Australia:

EPBC Act environmental approval for BHP Billiton's proposed massive expansion of the Olympic Dam mine, 550km north of Adelaide, will be challenged in the Federal Court, with Aboriginal Elder 'Uncle Kevin' Buzzacott opposing it on several grounds.

Meanwhile, the Arkaroola Protection Bill, which controversially prompted the State Government to give a compensatory $5 million payout to uranium miner Marathon Resources (see related article), is likely to pass Parliament soon.

The bill, which explicitly protects mining in the conservation area, is currently before the Legislative Council.

Western Australia:

Following a review that found state legislation designed to ensure good environmental performance by unconventional gas projects "lacks legal enforceability" (see related article), the Department of Mines and Petroleum has prepared draft regulations and draft guidelines for preparing an environment plan.

The regulations are based on Federal regulations governing offshore petroleum and greenhouse gas storage operations. Comment closes on February 29.

The WA EPA is seeking comment on options to improve its environmental impact assessment administrative procedures. The procedures establish principles and practices for project referral and for setting assessment levels, public consultation and the assessment process itself. Comment closes on February 27.

Meanwhile, the first Perth air quality forum will be held on March 15, to report on progress under the Perth Air Quality Management Plan (AQMP) and to seek feedback on future air quality management actions

Queensland:

It's election day on March 24 and neither party has yet issued a comprehensive environmental or climate change policy.

Labor has so far focused on emphasising its track record on issues like reform of waste legislation and the introduction of the Wild Rivers Act - with the LNP highly critical of the latter and not ruling out repealing some declarations made under it.

The environmental performance of coal seam gas operations – and their impact on groundwater and farmland – will inevitably continue to be a high-profile concern.

Another issue set to gain prominence – thanks to an EPBC Act strategic assessment – will be protection measures for the Great Barrier Reef. Comment is due by April 13 on draft terms of reference for that process – which will have ramifications for existing management practices and future approvals (see related article).

Tasmania:

A review of the Tasmanian Climate Action Council was due to be submitted to the State Government by January 30 (see related article) and the Government is likely to announce any changes before March 27, which is when the terms of most council members will expire.

A subsequent component of the review will consider the effectiveness of the Act and its 2050 emissions reduction target.

Northern Territory:

The NT Government has been circulating to key groups proposed changes to the Waste Management and Pollution Control Act and these could surface publicly shortly (see related article).

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