New South Wales Government

Department of

Environment and Climate Change

 

What's new in law

Recent significant changes to legislation administered by DECC and related topics are listed below. Links to the text of the new Act, Regulation or Bill are provided where available (obtained from the NSW legislation or NSW Parliament websites in PDF format).

• For a list of legislation administered by DECC, see legislation.
• See the Glossary for explanations of these terms: assent, Bill, gazette.

November 2008

• The Pesticides Amendment (Notification of Proposed Use) Regulation 2008 (gazetted 15.11.2008) introduces new pesticide use notification requirements into the Pesticides Regulation 1995 for pest management technicians who spray or inject pesticides outdoors close to certain sensitive places. These requirements will apply from 1 September 2009. The Amending Regulation also makes other minor amendments to the Pesticides Regulation, which commenced upon gazettal. For further information see Notification of pesticide use near sensitive places.

September 2008

• The Environmentally Hazardous Chemicals Regulation 2008 contains administrative provisions relating to the operation of the Environmentally Hazardous Chemicals Act 1985. The Regulation, which commenced on 1 September 2008, repeals and remakes the Environmentally Hazardous Chemicals Regulation 1999, with minor amendments providing for a staged increase in the fees for licences and technology assessment applications.
• The Contaminated Land Management Regulation 2008 (commenced 1.09.08) repeals and remakes the Contaminated Land Management Regulation 1998. It also increases the prescribed rate at which the EPA can recover costs associated with an investigation or remediation order and increases the prescribed fees for the making of an application for, the granting and the renewal of accreditation as a site auditor. The Regulation also prescribes offences under the Act for which a penalty notice may be issued.

July 2008

• The Threatened Species Conservation (Biodiversity Banking) Regulation 2008 (gazetted 11.07.08) makes provision enabling effective administration of the Biodiversity Banking and Offset Scheme including: (a) minimum review requirements for the biobanking assessment methodology (b) lands which are not suitable to become a biobank site (c) operation of the BioBanking Trust Fund (d) requirements regarding payment into the BioBanking Trust Fund when a biobank site owner sells their credits (e) payment of fees for various stages of participation in the Scheme.

• The Statute Law (Miscellaneous Provisions) Act 2008 (the SLMP Act) has made minor changes to legislation administered by the Department of Environment and Climate Change (DECC). Amendments to legislation administered by DECC commenced either on 1 July 2008 or a date specified by the legislation. The SLMP Act has made changes to the Forestry and National Parks Estate Act 1998, National Parks and Wildlife Act 1974, Nature Conservation Trust 2001, Native Vegetation Act 2003, Protection of the Environment Operations Act 1997, Threatened Species Conservation Act 1995, Waste Avoidance and Resource Recovery Act 2001, Subordinate Legislation Act 1989.

May 2008

• The National Parks and Wildlife (Leacock Regional Park) Act 2008 (the Act) (Assented to 20 May 2008) revoked the reservation of certain land currently reserved under the National Parks and Wildlife Act 1974 as part of Leacock Regional Park. The Act does not operate to extinguish any native title rights and interests existing in relation to the land before the revocation. It commenced on assent.

April 2008

• The Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008 (the Regulation) (gazetted on 24.04.08) commences on 28 April 2008. It makes a number of changes including: 1) replacing Schedule 1 to the Protection of the Environment Operations Act 1997; 2) Adding sterilisation facilities to Schedule 1 of the POEO Act; 3) amending the Protection of the Environment Operations (General) Regulation 1998; and 4) amending the Protection of the Environment Operations (Waste) Regulation 2005. Further information about the changes can be accessed on the Review of the POEO Act 1997 page.
  
  
• The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 (gazetted on 28.03.2008) commences on 1 June 2008 and regulates the storage of petroleum in underground storage systems so as to minimise the risk associated with leaking systems and the discharge of substances that cause significant damage to the environment. The Regulation incorporates industry best practice requirements relating to storage equipment, early leak detection procedures, environment protection plans, reporting and record keeping.

February 2008

• The Protection of the Environment Operations (Noise Control) Regulation 2008 (gazetted 22.02.2008) repeals and remakes, with some amendments, the provisions of the Protection of the Environment Operations (Noise Control) Regulation 2000. The remade Regulation updates provisions regulating: (a) the sale and use of motor vehicles, marine vessels and associated accessories, and certain other articles (e.g. grass cutters), that are capable of emitting noise above the prescribed levels; (b) the maintenance of noise control equipment on vehicles and vessels; (c) and the use of certain articles emitting sound that can be heard in residential premises (e.g. musical instruments). The Regulation also modifies provisions requiring the labelling of certain articles and sets out updated procedures to inspect and test the noise emission levels of specified motor vehicles, vessels, accessories, articles and equipment.
  
  
• The Native Vegetation Amendment (Miscellaneous) Regulation 2008 made a number of changes to the Native Vegetation Regulation 2005 including: (1) extending the rural agricultural management activity in cl. 18A to include clearing for certain public outdoor recreation areas; (2) clarifying and amending certain provisions relating to the minor variation of the environmental outcomes assessment methodology; (3) clarifying the application of certain provisions relating to the regulation of private native forestry; and (4) other miscellaneous amendments.
  
  
• The Royal Botanic Gardens and Domain Trust Regulation 2008 (gazetted 22.02.2008) repeals and remakes the Royal Botanic Gardens and Domain Trust Regulation 2002, with minor amendments. The remade Regulation, which commenced on 1 March 2008, covers a wide range of matters enabling the proper management and use of the Trust lands and assets, in accordance with the objectives of the Trust. The amendments made include: (a) increasing penalty notice amounts to maintain deterrents relative to current standards of living and those of similar organisations; (b) introduction of a new offence prohibiting offensive conduct to assist in managing visitors to Trust lands; and (c) measures to protect the commercial interests of the Trust including a new offence prohibiting the unauthorised sale and purchase of tickets to any event, activity or ceremony.