Annual Regulatory Plan - Sustainability, Environment, Water, Population and Communities

Annual Regulatory Plan

Sustainability, Environment, Water, Population and Communities and Parks Australia 2012-2013

Sustainability, Environment, Water, Population and Communities and Parks Australia Regulatory Plan
What regulation does a Regulatory Plan cover?
Summary of regulatory changes during the 2011/2012 Financial Year
Summary of regulatory activity planned for the current Financial Year 2012/2013
Description of regulatory changes during the 2011/2012 Financial Year
Description of regulatory activity planned for the current Financial Year 2012/2013

Sustainability, Environment, Water, Population and Communities and Parks Australia Regulatory Plan

This report sets out the regulatory plan for the Department of Sustainability, Environment, Water, Population and Communities (the Department) and Parks Australia.

Commonwealth agencies that have a responsibility for business regulation are required to publish a regulatory plan on their web site early in each financial year. The regulatory plan deals with changes within the agency’s area of responsibility and contains information about:

changes to business regulation which have occurred since the beginning of the previous financial year; and
activities planned in the current financial year which could lead to changes in business regulation.

What regulation does a Regulatory Plan cover?

A regulatory plan covers business regulation. This includes primary legislation, subordinate legislation, quasi-regulation or treaties which directly affect business, have a significant indirect effect on business, or restrict competition.

Quasi-regulation refers to rules or arrangements where governments influence businesses to comply, but which do not form part of the explicit government regulation.

A regulatory plan does not include information about the following:

regulations that are likely to have no or a low impact on businesses and individuals or the economy;
regulations that involve considerations of specific Government purchases;
regulations of a state or self-governing territory that apply in a non-self governing territory; and
anticipated activity about which it would be inappropriate to publish information on grounds of confidentiality.

In addition, there may be regulatory activities undertaken during the next financial year which have not been included in a regulatory plan because they could not be foreseen when the plan was prepared at the start of the financial year.

In view of these exclusions, users should not take a regulatory plan to be a comprehensive source of information on past or potential changes to business regulation.

Summary of regulatory changes during the 2011/2012 financial year

Antarctica

Amendment to the Antarctic Treaty (Environment Protection) Act 1980
Amendment to the Antarctic Treaty (Environment Protection) Proclamation 2007 and the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007

Environment

Commencement of the Product Stewardship Act 2011 and the Product Stewardship (Televisions and Computers) Regulations 2011
Applying an equivalent carbon price to synthetic greenhouse gases
Amendments to the Water Efficiency Labelling and Standards (WELS) Scheme

Parks and Reserves

Australian National Botanic Gardens Management Plan 2012-2022

Water

Amendment regulations to improve the operational effectiveness of the Water Act 2007 and prescribe variations to the Snowy Water Licence
The National Water Commission Amendment Act 2012

Summary of regulatory activity planned for the current financial year 2012/2013

Antarctica

Revised Mawson’s Huts Historic Site Management Plan 2012-2017
Development of a revised Threat Abatement Plan for the ‘Incidental catch (or bycatch) of seabirds during oceanic longline fishing operations’
Heard Island and McDonald Islands Marine Reserve Amendment Proclamation 2012 and Heard Island and McDonald Islands Conservation Zone Repealing Proclamation 2012
Heard Island and McDonald Islands Marine Reserve Management Plan

Environment

Amendments to the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection and Biodiversity Conservation Regulations 2000
Review of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and Regulations
COAG Plastics and Chemical Regulation Reform
Listing of alachlor, aldicarb and endosulfan on the Rotterdam Convention
Potential treaty making action for changes to the Stockholm Convention on Persistent Organic Pollutants
Second independent review of the Fuel Quality Standards Act 2000
Amendments to the Fuel Quality Standards Regulations 2001
Development of a fuel quality and fuel quality information standard for B20 (diesel biodiesel blend) fuel under the Fuel Quality Standards Act 2000
Development of a fuel quality and fuel quality information standard for E85 fuel under the Fuel Quality Standards Act 2000
Possible amendment of the diesel fuel quality standard under the Fuel Quality Standards Act 2000
Amendments to the Fuel Standard (Autogas) Determination 2003 under the Fuel Quality Standards Act 2000
Third independent review of the Product Stewardship (Oil) Act 2000
Increases to Refrigeration and Air Conditioning (RAC) industry permit application fees
Amendments to the Water Efficiency Labelling and Standards Scheme (Royal Assent of Bill, Regulations and Determination)

Parks and Reserves

Proclamation of new Commonwealth Marine Reserves
Management Plans for Commonwealth Reserves
Incorporation of the Koongarra Project Area into Kakadu National Park

Water

Amendment regulations to implement Murray-Darling Basin Plan transitional arrangements and improve the operational effectiveness of the Water Act 2007
Clarification and expansion of the range of enforceable undertakings under the Water Act 2007
Amendments to the Water Market Rules 2009 and Water Charge (Termination Fees) Rules 2009
Examination of options to address stakeholder concerns about the conduct of water market intermediaries
Murray-Darling Basin Plan
Review of the Murray-Darling Basin Agreement (Schedule 1 to the Water Act 2007)
Amendments to the Murray-Darling Basin Agreement (Schedule 1 to the Water Act 2007) and Water Regulations 2008
Operating rules relating to the Commonwealth Environmental Water Holder (CEWH) purchasing, disposing of or otherwise dealing in water and water access rights

Description of regulatory changes during the 2011/2012 financial year

Antarctic

Amendment to the Antarctic Treaty (Environment Protection) Act 1980

Description of Issues

Amendments to the Antarctic Treaty (Environment Protection) Act 1980 have been made to implement domestically Australia’s Antarctic Treaty obligations pursuant to:

Measure 4 (2004) – Insurance and Contingency Planning for Tourism and Non-governmental activities in the Antarctic Treaty Area;
Measure 1 (2005) – Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty: Liability Arising from Environmental Emergencies; and
Measure 15 (2009) – Landing of Persons from Passenger Vessels in the Antarctic Treaty Area.

Under amendments pursuant to Measure 4 (2004), operators organising or conducting tourism or other non-governmental activities in the Antarctic:

would need to establish and maintain appropriate contingency plans, arrangements for health and safety, search and rescue, medical care, and evacuation prior to commencing an activity; and
would require insurance or other arrangements – adequate to meet the costs of search and rescue, medical care and evacuation.

The amendments contribute to improved safety outcomes for tourism and other non-governmental activities occurring in the Antarctic.

Under amendments pursuant to Measure 1 (2005), operators organising or conducting scientific programs, tourism and all other governmental and non-governmental activities in the Antarctic:

would need to undertake reasonable preventative measures to reduce the risk of environmental emergencies and their potential adverse impact;
would need to establish and maintain contingency plans for responses to incidents with potential adverse impacts on the Antarctic environment;
would need to take prompt and effective response action to environmental emergencies arising from the activities of that operator; and
would require adequate insurance or other financial security to cover potential liability for failure to take prompt and effective response action.

The amendments contribute to improved response action to environmental emergencies relating to scientific programs, tourism and all other governmental and non-governmental activities occurring in the Antarctic.

Under amendments pursuant to Measure 15 (2009), operators organising or conducting tourism or other non-governmental activities in the Antarctic:

would need to refrain from making any landings in Antarctica from vessels carrying more than 500 passengers;
would need to coordinate with each other with the objective that not more than one tourist vessel is at a landing site at any one time;
would need to restrict the number of passengers on shore at any one time to 100 or fewer; and
would need to maintain a 1:20 guide-to-passenger ratio.

The amendments contribute to improved safety and environmental outcomes for tourism and other non-governmental activities occurring in Antarctica.

Date of Effect

The Antarctic Treaty (Environment Protection) Amendment Act 2012 received royal assent on 28 June 2012.

The operative provisions related to the implementation of each measure will only commence once all Consultative Parties to the Antarctic Treaty have approved the relevant measure.

Contact Details

Rob Bryson

Manager, Territories, Environment and Treaties

Australian Antarctic Division

Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway

Kingston TAS 7050

Phone: (03) 6232 3275

Facsimile: (03) 6232 3500

Email:

Amendment to the Antarctic Treaty (Environment Protection) Proclamation 2007 and the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007

Description of Issues

Annex V of the Environmental Protocol to the Antarctic Treaty provides for the designation of Antarctic Specially Protected Areas (ASPAs), Antarctic Specially Managed Areas (ASMAs) and Historic Sites and Monuments (HSMs). These areas are designated by the Antarctic Treaty Consultative Meeting in order to protect outstanding environmental, scientific, historic, aesthetic or wilderness values or ongoing planned scientific research.

Entry into ASPAs and ASMAs is regulated under the Antarctic Treaty (Environment Protection) Act 1980 and it is an offence to damage or destroy a HSM.

The Antarctic Treaty (Environment Protection) Amendment Proclamation 2011 and the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment Proclamation 2011 were prepared to implement into domestic law agreed new ASPAs, ASMAs and HSMs, and changes to boundaries, agreed at the 33rd and 34th Antarctic Treaty Consultative Meeting.

Date of Effect

Contact Details

Rob Bryson

Manager, Territories, Environment and Treaties

Australian Antarctic Division

Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway

Kingston TAS 7050

Phone: (03) 6232 3275

Facsimile: (03) 6232 3500

Email:

Environment

Commencement of the Product Stewardship Act 2011 and the Product Stewardship (Televisions and Computers) Regulations 2011

Description of Issues

The Product Stewardship Act 2011 establishes a national framework to allow Australia to more effectively manage the environmental, health and safety impacts of products, and in particular the impacts associated with disposal of products.

The framework includes voluntary, co-regulatory and mandatory product stewardship. Voluntary product stewardship provides an avenue for encouraging and recognising product stewardship without the need to regulate. Co-regulatory product stewardship involves a combination of government regulation and industry action. The mandatory product stewardship provisions allow regulations to establish prescriptive product stewardship requirements.

The co-regulatory and mandatory provisions only apply to classes of products identified in regulations, and regulations can only be made following regulatory impact assessment.

The Product Stewardship (Televisions and Computers) Regulations 2011 support a co-regulatory recycling scheme for televisions, computers, printers and computer products.

The Regulations require companies that imported or manufactured relevant products in the previous financial year to be members of an ‘approved co-regulatory arrangement’. The administrators of these arrangements must take all reasonable steps to meet outcomes specified in the Regulations, including annual recycling targets and the provision of reasonable access to collection services.

To limit the impact of the Regulations on small business, companies that that import or manufacture less than 15,001 computer products or 5,001 televisions, computers or printers in a financial year are not required to be members of an approved co-regulatory arrangement.

Date of Effect

The Act came into effect on 8 August 2011.

The Regulations commenced on 8 November 2011 and were amended on 23 November 2011 and 14 June 2012.

Contact Details

Michael Bennett

Director, Environment Quality Legislation

Department of Sustainability, Environment, Water, Population and Communities

GPO Box 787 CANBERRA ACT 2601

Phone: (02) 6274 2481

Email:

Applying an equivalent carbon price to synthetic greenhouse gases

Description of Issues

Under the Australian Government's Clean Energy Future Plan, synthetic greenhouse gases (SGGs) covered by the Kyoto Protocol will have an equivalent carbon price applied from 1July 2012 through the existing Ozone Protection and Synthetic Greenhouse Gas legislative framework.

The existing framework controls and imposes licence, reporting and levy requirements to the manufacture, import and export of:

all ozone depleting substances (ODSs);
hydrofluorocarbons and perfluorocarbons (which are SGGs); and
refrigeration and air-conditioning equipment containing ODSs, hydrofluorocarbons and perfluorocarbons.

Legislation and regulation amendments were made to add a carbon charge component, based on the global warming potential of each gas, to the existing levy, and to extend the licence, reporting and levy requirements to importers and manufacturers of:

all SGGs, including sulfur hexafluoride; and
all equipment containing hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

Applying an equivalent carbon price to synthetic greenhouse gases will create a financial incentive to reduce emissions by placing a price on every tonne of SGGs. The equivalent carbon price will encourage businesses and customers to:

use low or no global warming potential alternative gases;
ensure equipment containing synthetic greenhouse gases are correctly installed and undergo regular maintenance; and
increase end of life recovery and recycling of gases.

Date of Effect

1 July 2012.

Contact Details

Lili Calitz

Assistant Director, Synthetic Greenhouse Gas Carbon Pricing Section

Department of Sustainability, Environment, Water, Population and Communities

GPO Box 787 CANBERRA ACT 2601

Phone: (02) 6275 9054

Fax: (02) 6274 2875

Email:

Amendments to the Water Efficiency Labelling and Standards (WELS) Scheme

Description of Issues

In November 2011 the Standing Council on Environment and Water determined its response to the recommendations of the Independent Review of the Water Efficiency Labelling and Standards(WELS) Scheme. It also agreed a strategic plan for 2012-15.

Implementing a number of those Standing Council decisions required amendment to the Water Efficiency Labelling and Standards Act 2005, the 2011 Determination and the 2005 Regulations. Key amendments include:

introduction of civil penalties;
amendments to existing criminal offences; and
changes to the registration aspects of the scheme, including the fee model, to enable the scheme to increase its cost recovery ratio.

A new determination and regulations will be also be made.

Date of Effect

The Bill to amend the Act was passed by Parliament on 26 June 2012. Compliance and enforcement aspects of the Bill will take effect the day after it receives Royal Assent while registration aspects are planned to take effect by proclamation in November 2012.

Contact Details

Angela Gillman

Assistant Director, WELS Policy Section

Department of Sustainability, Environment, Water, Population and Communities

GPO Box 787 CANBERRA ACT 2601

Phone: (02) 6275 9054

Email:

Parks and Reserves

Australian National Botanic Gardens Management Plan 2012-2022

Description of Issues

Management plans describe how Commonwealth reserves will be managed for a 10 year period, including natural and cultural heritage management, visitor management and approved commercial activities in the reserve. A management plan must apply the requirements of the Environment Protection and Biodiversity Conservation Act 1999 and associated regulations.

The management plan for the Australian National Botanic Gardens is based on the management principles and intent of the previous plan, taking into consideration public comments towards the initial development of the plan, and public comments submitted on a draft of the management plan released for public comment in November 2011 (which allowed 70 days for public comments).

Office of Best Practice Regulation (OBPR) considers that the management plan has only a ‘minor’ impact on business or the not-for-profit sector and no further analysis (in the form of a Regulation Impact Statement) was required (OBPR ID: 2012/13605).

Date of Effect

29 May 2012.

Contact Details

Mr Peter Byron

General Manager

Australian National Botanic Gardens

GPO Box 1777CANBERRA ACT 2601

Phone: (02) 6250 9500

Fax: (02) 6250 9599

Email:

Water

Amendment regulations to improve the operational effectiveness of the Water Act 2007 and prescribe variations to the Snowy Water Licence

Description of Issues

The Water Regulations 2008(Regulations) were amended to improve the operational effectiveness of the Water Act2007(Water Act) by:

prescribing a number of Victorian water resources plans as Transitional Water Resources Plans (TWRPs) for the purposes of section 241 of the Water Act. Under section 241 of the Water Act, a water resources plan can be prescribed as a TWRP. Under section 245 of the Water Act, a TWRP will prevail over the Basin Plan to the extent of any inconsistency; and
changing the Bureau of Meteorology’s (BoM) information gathering powers, including with respect to the time in which information is to be provided to the BoM and the categories to be provided, to enhance the quality and utility of water information.

The Regulations were further amended to prescribe variations to the Snowy Water Licence made on 29 April 2010 and 4 October 2011. The variations to the Snowy Water Licence were made under the Snowy Hydro Corporatisation Act 1997 (NSW). The variation impacts upon water availability and sharing arrangements for NSW, Victoria and South Australia under the Murray Darling Basin (MDB) Agreement. Amendments to the MDB Agreement are required to ensure the changes to the Snowy Water Licence are appropriately reflected in the MDB Agreement. Under section 21(7) of the Water Act, the Murray-Darling Basin Plan cannot be inconsistent with a variation made to the SnowyWater Licence if the variation has been prescribed in the Regulations. Thedraft Basin Plan has been written to be consistent with the two variations.

Annual Regulatory Plan - Sustainability, Environment, Water, Population and Communities