What's new in law archives: 2009

December 2009

• The Native Vegetation (Application of Act) Regulation 2009 commenced on 4 December 2009. The Regulation amends Schedule 1 to the Native Vegetation Act 2003, which describes land to which the Act does not apply, by adding land on which certain development for the purposes of seniors housing occurs.

November 2009

• The Protection of the Environment Operations (Clean Air) Amendment (Vapour Recovery) Regulation 2009 commenced on 13 November 2009 and amends the Protection of the Environment Operations (Clean Air) Regulation 2002. The amendments expand the provisions requiring vapour recovery stage 1 equipment to be installed at petrol stations and add new provisions requiring vapour recovery stage 2 equipment at certain petrol stations. The requirement to comply with the new equipment obligations will be phased in over the next 7 years.

• For information on the development of the Amendment please refer to the Better Regulation Statement Expansion of Vapour Recovery at Petrol Service Stations in the NSW Greater Metropolitan Region.

September 2009

• The Marine Parks Regulation 2009 commenced on 1 September 2009. It deals with general matters such as consents and powers of the Marine Parks Authority. It also amended and renamed the Marine Parks Regulation 1999 the Marine Parks (Zoning Plan) Regulation 1999, which contains the zoning plans for marine parks and provisions relating to zoning plans, including the objects of zones and offences.

• The Pesticides Regulation 2009 commenced on 1 September 2009 and repeals and remakes the Pesticides Regulation 1995 with only minor amendments. In particular, it raises penalty notice amounts for certain record keeping offences, makes changes to certain training provisions and updates references and terminology used to reflect the current provisions relating to aerial applications and air operator's certificates. A Regulatory Impact Statement has been prepared and takes the place of a Better Regulation Statement.

• The National Parks and Wildlife Regulation 2009 replaces the National Parks and Wildlife Regulation 2002 with minor amendments. It commenced on 1 September 2009 and contains provisions relating to the regulation and use of reserved land and other provisions that support the operation of the National Parks and Wildlife Act 1974.

July 2009

• The Statute Law (Miscellaneous Provisions) Act 2009 (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 on 17 July 2009. The SLMP Act has made changes to the Dangerous Goods (Road and Rail Transport) Act 2008, National Parks and Wildlife Act 1974, Pesticides Act 1999, Protection of the Environment Operations Act 1997, Threatened Species Conservation Act 1995, Wilderness Act 1987 and the Coastal Protection Act 1979. Once the amendments commence they will be incorporated into the relevant Acts.

June 2009

• The remaining provisions of the Contaminated Land Management Amendment Act 2008 began on 1 July 2009. The Amendment Act makes 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. For further information, see http://www.environment.nsw.gov.au/clm/clmactreview.htm. The EPA has made Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997. Those parts of the guidelines relating to the duty to notify will start on 1 December 2009. 
• The Contaminated Land Management Amendment Regulation 2009 commenced on 1 July 2009. This regulation amends the Contaminated Land Management Regulation 2008 with consequential amendments arising from the Contaminated Land Management Amendment Act 2008. The amendments to the Regulation are of a minor and inconsequential nature. The aim of the amendments is to update the Regulation to bring it into line with the new provisions of the amending Act.
• The Protection of the Environment Operations Amendment (Miscellaneous) Regulation 2009 contains miscellaneous amendments to:
  - Schedule 1 of the Protection of the Environment Operations Act 1997
  - Clause 6 of Protection of the Environment Operations (General) Regulation 1998
  - Clause 28 of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008
  - Clauses 43 and 49 of the Protection of the Environment Operations (Waste) Regulation 2005.
  Some of the amendments commenced on 29 May 2009 and others commence on 30 June 2009, the same date as the commencement of the remade General Regulation.

• From 30 June 2009 the Protection of the Environment Operations (General) Regulation 2009 replaces:
  - the Protection of the Environment Operations (General) Regulation 1998
  - the Protection of the Environment Operations (Penalty Notices) Regulation 2004
  - the Protection of the Environment Operations (Savings and Transitional) Regulation 1998
  The Regulation sets out administrative provisions relating to the operation of the Protection of the Environment Operations Act 1997 including provisions relating to environment protection licences and the load based licensing scheme. A Regulatory Impact Statement has been prepared and takes the place of a Better Regulation Statement.

May 2009

• The Radiation Control Amendment (Tanning Units) Regulation 2009 commenced on 29 May 2009. This regulation amends the Radiation Control Regulation 2003 by inserting a new Part 4A which regulates tanning units and solaria used to provide a tanning service in New South Wales. Part 4A imposes a number of requirements on tanning operators and persons who carry on solaria businesses to protect persons from harmful exposure to ultraviolet radiation from tanning units.
• The Dangerous Goods (Road and Rail Transport) Act 2008 commenced on 1 May 2009. This Act replaces the Road and Rail Transport (Dangerous Goods) Act 1997. This Act provides for the regulation of the transport of dangerous goods by road and rail.

• The Dangerous Goods (Road and Rail Transport) Regulation 2009 commenced on 1 May 2009. This regulation replaces the Road and Rail Transport (Dangerous Goods) (Rail) Regulation 1999 and the Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998. This regulation provides for the licensing of both vehicles and drivers transporting dangerous goods and requires compliance with the seventh edition of the Australian Dangerous Goods Code in relation to various aspects of the transport of dangerous goods.

April 2009

• National Parks and Wildlife Amendment Bill 2009 - on 16 April 2009 the Government announced the release of a draft Bill to amend the National Parks and Wildlife Act 1974 and the Threatened Species Conservation Act 1995, the key pieces of conservation legislation administered by DECCW. Due Diligence Guidelines relating to the proposed strict liability offence of harming Aboriginal objects have also been released. DECCW will be consulting with key stakeholder groups about the proposed changes. For further information, see the NPW Amendment Bill 2009 page.

March 2009

• The Lord Howe Island Amendment (Duration of Licences) Regulation 2009 commenced on 20 March 2009. This Regulation amends provisions of the Lord Howe Island Regulation 2004 to provide that a licence granted by the Lord Howe Island Board remains in force, unless suspended or cancelled.

February 2009

• The Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Amendment Regulation 2009 was gazetted on Friday 13^th February. This regulation lifts restrictions that previously applied to the trading of first issue credits, and removes the distinction that previously applied between first issue and later issue credits.