What's new in law archives: 2008
The Contaminated Land Management Amendment Act 2008
(assented to 10.12.2008) will make a number of changes to the Contaminated Land Management Act 1997
, including: (1) streamlining the investigation and remediation stages; (2) removing references to “significant risk of harm”; (3) enabling the EPA to issue preliminary investigation orders; (4) expanding the range of persons that the EPA can order to investigate or remediate a site; (5) enabling the Minister to enter into offset arrangements in certain circumstances; (6) making changes to the duty to notify. The majority of amendments will commence on proclamation. Some provisions have already commenced. For further information, see the Review of the Contaminated Land Management Act
The Statute Law (Miscellaneous Provisions) Act (No 2) 2008 has made minor changes to the National Parks and Wildlife Act 1974, the Pesticides Act 1999 and the Threatened Species Conservation Act 1995. Amendments to the National Parks and Wildlife Act 1974 and the Pesticides Act 1999 commenced on 10 December 2008. Amendments to the Threatened Species Conservation Act 1995 commence on the dates specified in the Statute Law (Miscellaneous Provisions) Act (No 2) 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.
- 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
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.
Page last updated: 16 November 2015