Environmental compliance news for business

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

A regular CE Daily update on what to look out for over the next few weeks nationally and in states and territories – including legislative changes, policy proposals and funding offers.

Federal and national

Although the carbon price scheme starts in just a matter of weeks, there are still some changes and administrative matters to bed down.

The LEPID database currently lists most businesses and some councils that will be captured by the scheme, but there are still about 70 councils to be added on the basis of emissions from their landfills. That will happen some time next month.

A bill now before Parliament will amend the Clean Energy Act to bring into the carbon price fold CNG suppliers (from July 1, 2012) and LPG and LNG suppliers (from mid-2013) (see related article).

Key forms are now available for transferring liability (see related article) and the Government has also begun consulting on an opt-in scheme for large users of liquid fuels that will start in mid-2013, with public comment closing on July 20 (see related article).

Companies interested in chasing some of the grant money that forms part of the carbon price package should check out the AusIndustry website for details on the clean technology programs.

Those interested in the Carbon Farming Initiative should be aware that the Government this week finalised amending regulations for the scheme (see related article).

Meanwhile, the bill that brings CNG, LNG and LPG into the carbon price scheme (above) is omnibus legislation that also tweaks the CFI to provide for a longer period of backdating once a methodology is approved.

The same bill also makes a minor adjustment to NGERS, so that nominations of who is in operational control of a facility do not have to be resubmitted each year.

Comment closed last week on the latest draft annual amendments to the NGERS Determination that sets out how to measure and estimate emissions. And comment closes on July 17 on future NGERS emission estimation methods for carbon capture and storage, coal seam gas, solid waste and fugitive emissions from coal mines.

For those with an interest in energy efficiency, a progress report on the prospect of a national Energy Savings Initiative is currently being finalised, ahead of preparing a consultation regulation impact statement that is due out in September.

Preparations for a possible national scheme are taking place as a NSW/Victorian technical group and taskforce attempt to harmonise core elements of the energy efficiency schemes operating in those two states.

Meanwhile, a draft COAG building standards document discusses how to regulate and assess building efficiency but sidesteps the issue of the minimum standards that should apply (see related article). Comment closes on July 6 with consultation sessions currently underway.

Anyone tracking the $10 billion Clean Energy Finance Corporation legislation should be aware that it has prompted two parliamentary inquiries.

A perfunctory inquiry by the House Economics Committee held just one hearing involving Treasury, Finance and climate department officials and did not invite public submissions. Public submissions to the Senate Economics Committee inquiry must be received by June 5 and the committee will report on June 18.

Other looming public comment deadlines at the national level include June 8, the deadline for submissions on the Productivity Commission's inquiry into climate change adaptation, and June 15, for submissions on the latest proposed revisions to GreenPower rules.

On the waste front, applications close on June 30 for Australian Packaging Covenant funding

And amending regulations making minor changes to rules governing the long-anticipated e-waste collection scheme are likely to be gazetted soon, after public comment on a draft version closed earlier this month (see related article).

NSW

July 1 isn't just about carbon. From that date, environmental licence holders operating in NSW must publish pollution monitoring data on their websites, as a result of legislative changes that took effect from March 31 (following Orica's hexavalent chromium discharge). The requirement is a national first.

Meanwhile, a NSW initiative that might well have been a global first will disappear on the same day.

The NSW Greenhouse Gas Abatement Scheme was probably the world's first greenhouse gas emissions trading scheme and its demise once a national carbon price commenced was long anticipated.

In other developments, comment closes on July 9 on the review of the state's BioBanking scheme and comment has now closed on the KPMG review of the waste levy, with no reporting date specified.

A court case to keep an eye on is the NSW EPA's appeal against a Land and Environment Court finding that its charge against a waste oil processing company was flawed. The LEC court judge said the EPA's handling of the matter warranted "the severest censure", a statement rejected by the EPA (see related article).

Queensland

State climate programs weren't the only environmental programs axed when the Newman Government took office. From July 1, no waste levy will apply in the state, although landfill operators will still need to collect the data required as part of the levy scheme.

The levy was introduced (for commercial and industrial waste only) in the dying months of the Bligh Government. The end of the levy also means that the Government won't proceed with two associated waste management funding programs that would have relied on the landfill levy for their revenue.

Queenslanders can also expect to see a shift in how the state's land clearing legislation is enforced. Incoming Natural Resources and Mines Minister Andrew Cripps last month instigated a review of enforcement practices, signalling his concern at the Bligh Government's "overly aggressive" policy (see related article).

Victoria

Contaminated sites and the VEET energy efficiency scheme are two areas where new developments are on the horizon in Victoria.

Energy Minister Michael O'Brien this week flagged changes to the VEET scheme designed to reduce costs incurred by large energy users (see related article).

EPA Victoria has a discussion paper in the works on contaminated sites, with mandatory notification likely to be one of the issues canvassed (see related article).

Meanwhile, entries close on July 13 for the Premier's sustainability awards.

Western Australia

The Department of Mines and Petroleum has turned its attention to environmental enforcement in the resources sector – a move long-overdue if reviews by the Auditor-General (see related article) and a consultant hired by the department (see related article) are anything to go by.

The DMP review of environmental regulation, guided by a new ministerial advisory panel, will operate from June to December.

Also underway, although so far with almost zero public profile, is a joint EPA and Waste Authority global review of "waste to energy" technology. WA Environment Minister Bill Marmion announced the review last month (see related article).

South Australia

The South Australian EPA has invited applications by June 22 from individuals seeking accreditation as contaminated sites auditors.

The EPA has also released a draft revised specification for waste-derived fill under clause 4(a) of the State's Environment Protection (Waste to Resources) Policy 2010.

And it is seeking comment on three draft guidelines under the Environment Protection (Waste to Resources) Policy dealing with: the assessment of resource recovery facilities, resource recovery processing and handling wastes banned from landfills.

ACT

Proponents hoping for success under the ACT's large-scale solar auction process and that have opted for fast-track assessment have until 20 June 2012 to lodge their final proposals (see related article).

Those content with applying through the regular assessment stream have until March 4, 2013.

Meanwhile, the ACT Assembly earlier this month passed a bill to establish an energy efficiency scheme in the Territory, which is based on South Australia's REES program (see related article). The scheme will start on January 1, next year.

Northern Territory

Submissions closed in mid-March on proposed amendments to the Waste Management and Pollution Control Act (see related article), and the next step will be the introduction of the amending bill to the Legislative Assembly.

Meanwhile, the Territory's independent EPA is continuing part 2 of its inquiry into copper concentrate spills at Darwin's East Arm Wharf, which is focusing on the adequacy of the response to the spill by Department of Natural Resources, Environment, The Arts and Sport (NRETAS).

The inquiry will be completed by the end of June and will consider matters including the reasons behind the decision by NRETAS to reduce the charge against Darwin Port Corporation to 'causing environmental nuisance'.

International

It's largely gone under the radar in Australia, but the UN's Rio+20 summit could have important ramifications for Australian business, including stronger requirements for sustainability reporting (see related article).

The summit takes place from June 20 to June 22, preceded by a corporate sustainability forum.

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