Commonwealth: Investigating carbon leakage and considering policy options to follow
The Australian Government has announced the appointment of Professor Frank Jozzo to lead the Carbon Leakage Review. This review aims to consider additional policy measures to address carbon leakage. In other words, carbon leakage refers to situations in which companies relocate production to other jurisdictions to take advantage of less stringent climate change policies.
The review is understood to engage a range of stakeholders, including industry, environmental organizations and international trading partners, to assess the risks of carbon leakage and devise policy options. Additionally, we will consider the potential implementation of Australia’s Carbon Border Adjustment Mechanism, particularly with respect to steel and cement.
The review, which began in July 2023, will include two rounds of consultation with various parties and is expected to be completed by 30 September 2024. All approved policy measures will be reviewed and incorporated into the Australian Government’s Net Zero 2050 Plan.
SA: Hydrogen bill to be submitted to parliament after consultation
of Hydrogen and Renewable Energy Bill 2023 It was submitted to Parliament on September 14, 2023, following six weeks of consultation with key stakeholders. The consultation took into account the views of a wide range of communities, including indigenous peoples, pastoralists, local communities and internal government agencies.
After considering the feedback from the consultation, we will consider expanding the scope of the Bill, making provision for licensing applications on native title land, and establishing a notification system for Ministers when approving environmental statements, before it is tabled in Parliament. Changes have been made to the bill. Set targets and expand the scope of the Minister’s work on environmental impact reporting.
Commonwealth: Future strategies for gas production and consumption: tell us what you think
The Australian Government has released a Future Gas Strategy Consultation Paper and is actively seeking input on its Future Gas Strategy to shape Australia’s path to achieving net-zero emissions. The strategy outlines medium-term (until 2035) and long-term (until 2050) plans for domestic gas production and utilization.
The Government welcomes input from a range of stakeholders, including gas producers, domestic and international consumers, distributors and the public, on:
- Australia’s transition to net zero.
- Generate electricity.
- At home and in small businesses.
- In the manufacturing industry.and
- In the world’s transition to net zero.
- Oil and Gas Regulation.
- Carbon capture and storage.
- transportation and infrastructure.
- Labor force and LNG facilities.and
- our domestic market.
Submissions can be made until November 13, 2023.
WA: The end of commercial logging of old-growth forests is at hand.
The WA government has announced that logging of old-growth forests will end in early 2024, making it one of the first states to end this commercial activity. The decision is limited to forestry and does not affect the clearing of old-growth forests to maintain forest health or the operation of approved mining sites.
As commercial native forest logging ends, the WA Government has committed to investing $350 million in coniferous pine plantations in Western Australia, a climate-friendly alternative to timber. This funding will be made available through a variety of grants for community development projects, attracting new industry, and supporting workers and families affected by the end of commercial wilderness logging.
SA: Landscape law changes are on the horizon: tell us what you think
The Minister of Climate, Environment and Water has appointed former Conservation Minister John Hill to conduct an independent legal review of the operation and effectiveness of the South Australian Landscape Act 2019. This law provides a framework to promote sustainable environmental conservation. Integrated management of land, water, pests, flora and fauna and biodiversity across the state.
The South Carolina State Government has released discussion papers on the following key areas of focus:
- Results of law reform: Consider the desired outcomes of the reform process.
- Purpose and principles of landscape law: The overarching intent of the law and the principles in its implementation.
- Management, roles and responsibilities: Major landscape authorities, their powers and functions.
- Planning framework: State Landscape Strategy, Landscape Commission Regional Landscape Plan, Business Plan, Water Allocation Plan.
- Equity in levies and funding across landscape areas: land and water levy arrangements and equity of funding across landscape commission areas;
- Landscape Law Fund: Landscape Management Fund, Landscape Priorities Fund, Board Fund.
- Land management and protection: Provisions to protect the condition of agricultural land.
- Water resource management and protection: Regulate access to and use of water resources, including licensing terms, water-impacting activities, and management policies.
- Pest and weed control: Provisions regulating the movement, possession and management of pest animals and weeds.
- Compliance and Enforcement Regulations: Compliance mechanisms and enforcement frameworks for legal violations.
Submissions can be made until Monday, October 23, 2023.
SA: Preparing a regional plan for Greater Adelaide: tell us what you think
The State Planning Commission has announced its intention to work with the SA Government to develop a Greater Adelaide Regional Plan to replace the current Greater Adelaide 30 Year Plan. The Greater Adelaide Region Regional Plan Discussion Paper has been published for consultation to inform the new draft regional plan to be produced in 2024.
The purpose of the Regional Plan is to identify 15 to 30 years of growth in the Adelaide metropolitan area where expansion is inevitable by examining and guiding:
- Where will housing and employment land go?
- How will housing and population be served?
- Which areas need conservation and protection?and
- What key infrastructure is needed and how will it be provided?
Submissions can be made until Monday, November 6, 2023.
International: Australia becomes signatory to the Convention on Biological Diversity in the High Seas
On 21 September 2023, Australia became a founding signatory of the Convention on High Seas Biological Diversity. The Convention was adopted by the United Nations on June 19, 2023, and aims to establish a regime for the conservation and sustainable use of marine biodiversity on the high seas. The main areas of interest of the Convention are:
- Marine genetic resources.
- Area-based management tool.
- Environmental impact assessment.and
- Capacity building.
The purpose of the Convention is to provide greater protection for the oceans within the framework of the United Nations Convention on the Law of the Sea, including by providing a mechanism for establishing marine protected areas on the high seas. As part of the treaty, Australia has agreed to provide $3 million over the next three years through the Office of the Pacific Secretary to assist Pacific countries in signing and ratifying the treaty.
protecting the environment
Queensland: Reforming environmental law powers, offenses and penalties: tell us what you think
On Thursday 14 September 2023, the Queensland Government announced the Powers and Penalties of the Environmental Protection Act 1994 Consultation Paper, which sets out the Government’s proposed approach to delivering on its commitment to carry out an independent review of the Environmental Protection Act 1994. Announced improvements to regulations. (Queensland) Please report the recommendations set out in the Government’s response.
This consultation document proposes a number of important amendments to the Environmental Protection Act 1994, including:
Principles underlying EP law
Inserts a new section in Chapter 1, Part 2 of the EP Act to codify the following principles: The polluter pays principle. precautionary principle. Prevention first principle. and the principle of proportionality.
Creation of obligation to restore original condition
If a person permits or causes harmful pollution to the environment, the environment must be returned to the state it was in before the accident, as far as is reasonably practicable.
Ensuring human health, well-being and safety in the environment
Articles 8 and 9 will be amended to more clearly specify that human health, well-being and safety are included.environment” and ““Environmental value” Limiting the protection of human health under EP law to the extent that human health is affected by the environment.
Creation of General Environmental Duty (GED) Violation
Unlike GED obligations, GED violations are just apply A person who performs an activity in the course of carrying on a business or undertaking. If he fails to do one or more of the following, he will be considered to have failed to comply with the GED and will be in violation.
Install and maintain plant, equipment, processes and systems in a manner that minimizes the risk of harm to the environment.
- Maintain systems to identify, assess and control the risks of environmental damage that may arise in connection with activities and to evaluate the effectiveness of controls.
- Maintain processes for handling, storing, using, and transporting materials that minimize the risk of harm.and
- Put systems in place to ensure the information, guidance, supervision and training of persons engaged in activities that minimize the risk of harm to the environment.
GED violations do not apply to aspects of minimizing environmental harm, which are currently addressed through environmental requirements such as EA, or where individuals comply with codes of conduct.
Revise the notification obligation for environmental damage
of Notification obligations are expanded the person “reasonably believes” that a notifiable event under section 320A has occurred, not when the person becomes aware of the potential consequences as a result of performing an activity described in section 320A; or If it is “reasonably to be believed under the circumstances.”
Enactment of the Environmental Enforcement Order (EEO)
Administrative authorities may issue EEOs in lieu of environmental protection orders, cleanup notices, and notices of direction to ensure compliance with GED and proposed remediation obligations.
Environmental nuisances can result in serious or serious harm
Pollutants with defined characteristics as environmental nuisances also constitute serious or material environmental damage if they meet the definitions of those terms.
Submissions can be emailed to [email protected] Until November 10, 2023, 5:00 p.m.
WA: Court rules NOPSEMA must consult on environmental plans
On 28 September 2023, the Federal Court of Australia, in an emergency hearing seeking an interlocutory injunction restraining Woodside Energy Scarborough Pty Ltd from carrying out the activities described in its environmental plan, granted the National Offshore Petroleum Safety and Environmental Protection Act. Management Bureau (nopsema) There was no legal authority to approve an environmental plan that did not fully consult indigenous stakeholders.
As a ‘person of interest’, Muldudunella woman Laelaine Cooper will bring proceedings in 2023 seeking a judicial review of the decision by the National Bureau of Marine and Petroleum Safety and Environmental Management to approve the environmental plans for Woodside Energy’s Scarborough gas project. It started on August 17th.
The court held that in circumstances where the consultations required by regulation 11A(g) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 have not been reasonably satisfied, NOPSEMA has no law to decide to accept the environmental plan. It was determined that there was no legal authority. Cth) was implemented.
The court granted declaratory relief in favor of Ms. Cooper and issued an order suspending NOPSEMA’s decision to conditionally accept the environmental plan.
Special thanks to Nicole Besgrove (Brisbane) for coordinating the ESD 5 Minute Fix, and to Zac Bosnakis (Perth), Oliver Moss and Vincent Collins (Sydney), and Johnson Choi and Jack Lofgren (Brisbane) for contributing to this edition. will be grateful to.