What's new in law archives: 2010

December 2010

• The Protection of the Environment Operations (Clean Air) Amendment (Emissions Standards) Regulation 2010 (the Amendment Regulation) amends the Protection of the Environment Operations (Clean Air) Regulation 2009 (the Regulation) to provide that standby electricity generators used only for back up electricity generation in emergency situations are exempt from the prescribed NOx emissions standards in Schedule 4 of the Regulation. The Amendment Regulation commenced on 24 December 2010.

November 2010

• The National Park Estate (South-Western Cypress Reservations) Act 2010 revokes listed State Forests and reserves them under the National Parks and Wildlife Act 1974, revokes listed State Forests and makes those lands subject to the Crown Lands Act 1989 and reserves listed Crown Land under the National Parks and Wildlife Act 1974. It also revokes the part of Murramarang National Park on which Merry Beach Caravan Park is located and makes that land subject to the Crown Lands Act 1989 as well as providing an approval regime for State Forests that will continue to be harvested. The Act was assented to on 29 November 2010 and will commence on 1 January 2011.
• The Local Government Amendment (Environmental Upgrade Agreements) Act 2010 (the EUA Act) amends the Local Government Act 1993 to allow councils to enter into environmental upgrade agreements with owners of certain buildings and finance providers as a way of funding works to improve the energy, water or environmental efficiency of those buildings. The EUA Act was assented to on 29 November 2010 and is expected to commence in early February 2011.
• The Nature Conservation Trust Amendment Act 2010 (the Amending Act) makes numerous amendments to the Nature Conservation Trust Act 2001 (the Act). The Amending Act makes changes to the functions and membership of the Nature Conservation Trust of New South Wales. The Amendment Act was assented to on 16 November 2010 and will commence on 1 February 2011.
• The Radiation Control Amendment Act 2010 was assented to on 4 November 2010. It amends the Radiation Control Act 1990 to streamline the licensing and accreditation system, ensure the security of higher risk radioactive sources, and improve the effectiveness of regulatory mechanisms and administrative provisions under the Act. Some provisions of the Amendment Act commenced on 4 November 2010 but most will commence on a future date appointed by proclamation.
• The National Parks and Wildlife Amendment (Adjustment of Areas) Act 2010 (the Adjustment of Areas Act) provides for the amendment of the National Parks and Wildlife Act 1974 (the NPW Act) by the insertion of a new Schedule 5. It provides for the revocation of parts of both the Gwydir River and Beni State Conservation Areas (with appropriate offsets) and the vesting of those lands directly in State Water and Dubbo City Council respectively. The Adjustment of Areas Act was assented to and commenced on 25 October 2010.

• The Protection of the Environment Operations Amendment (Environmental Monitoring) Act 2010 (the Amendment Act) amends the Protection of the Environment Operations Act 1997 (POEO Act) to enable the Environment Protection Authority to:
  

  1. Establish environmental monitoring programs to monitor the impact on the environment and human health of activities or works licensed under the POEO Act, and
  2. Require relevant licence holders to contribute to the costs of such programs by paying an environmental monitoring levy.
The Amendment Act was assented to on 1 November 2010 and commenced on 1 December 2010.

October 2010

• The Coastal Protection and Other Legislation Amendment Act 2010 was assented to on 27 October 2010 and largely commenced on 1 January 2011. This Act amended the Coastal Protection Act 1979, Local Government Act 1993 and Environmental Planning and Assessment Act 1979 and three regulations. The Act improves the arrangements for managing coastal erosion risk. It provides additional tools and options for councils and landowners, as well as reinforcing coastal zone management planning as the way local solutions can be developed for local erosion problems.
  For further information about the changes please refer to the Reforms to Coastal Erosion Management in New South Wales website.
• The National Parks and Wildlife Amendment (Visitors and Tourists) Amendment Act 2010 was assented to on 17 June 2010 and commenced on October 1 2010. It amends the National Parks and Wildlife Act 1974 and the Wilderness Act 1987 to facilitate the sustainable use and enjoyment by visitors and tourists of lands reserved under the National Parks and Wildlife Act 1974. The Amendment Act also recategorises parts of a state conservation area and a nature reserve and two whole nature reserves.
• The National Parks and Wildlife Amendment (Aboriginal Places and Aboriginal Objects) Regulation 2010 amends the National Parks and Wildlife Regulation 2009. The amendments support the new Aboriginal cultural heritage provisions in part 6 of the National Parks and Wildlife Act 1974 introduced by the National Parks and Wildlife Amendment Act 2010. More information can be found on the NPW Amendment Act page.
• The Native Vegetation Amendment (Assessment Methodology) Regulation 2010 amends the Native Vegetation Regulation 2005 to adopt a revised version of the Environmental Outcomes Assessment Methodology (EOAM).

September 2010

• The Protection of the Environment Operations (Clean Air) Regulation 2010 remakes, with some amendments, the Protection of the Environment Operations (Clean Air) Regulation 2002 which was repealed on 1 September 2010. The Regulation revises the local government areas in which the control of burning provisions apply, revises the percentage ethanol content for petrol to be considered prescribed blended petrol and makes other minor amendments.
• The Catchment Management Authorities (Hunter Central Rivers) Regulation 2010 remakes the provisions of the Hunter-Central Rivers Catchment Management Authority Regulation 2005, which was repealed on 1 September 2010. It continues the existing arrangement with respect to the levying of catchment contributions within the Hunter Valley catchment area.
• The Threatened Species Conservation Regulation 2010 remakes the Threatened Species Conservation Regulation 2002, which was repealed on 1 September 2010. This Regulation prescribes the scientific criteria for listing threatened species, populations and ecological communities under the Threatened Species Conservation Act 1995 and regulates activities in the Little Penguin and the Wollemi Pine critical habitats.

July 2010

• The Threatened Species Conservation Amendment (Biodiversity Certification) Act 2010 (the amending Act) commenced on 2 July 2010 and amends the Threatened Species Conservation Act 1995 (the Act), by replacing the provisions of Part 7 Divison 5 relating to biodiversity certification of environmental planning instruments with a new scheme that provides for biodiversity certification to be conferred on land, if the overall effect of biodiversity certification is to maintain or improve biodiversity values as determined via an assessment methodology. Some changes have also been made to the biodiversity certification of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) contained in Part 7 of Schedule 7 to the Act. The provisions in the Act relating to biodiversity certification of the native vegetation reform package are unchanged.
• The National Parks and Wildlife Amendment Regulation 2010 commenced on 2 July 2010 and made consequential amendments to the National Parks and Wildlife Amendment Regulation 2009 as a result of changes made by the NPW Amendment Act. It also introduced two new penalty notice amounts for new offences created by the Amending Act. More information on these changes can be found on the NPW Amendment Act page.
• The Threatened Species Conservation Amendment Regulation 2010 commenced on 2 July 2010. It also made consequential changes resulting from the National Parks and Wildlife Amendment Act 2010. It increased the maximum penalties that can be imposed by a court for offences under the Threatened Species Conservation Regulation 2010. The maximum penalty has been increased from $5,500 to $22,000. More information on these changes can be found on the NPW Amendment Act page.

June 2010

• The National Park Estate (Riverina Red Gum Reservations) Act 2010 commences on 1 July 2010 and transfers to the national park estate certain river red gum State forest lands in the Riverina area. It enables the transfer to Aboriginal ownership and conservation of certain other State forest lands in the Riverina area, and contains standard adjustment provisions. The Act also provides for an approval process for lands that remain State Forest in the Riverina area. Please see the Act Summaries page for further information.
• The National Parks and Wildlife Amendment Act 2010 was assented to on 15 June 2010. It makes changes to the National Parks and Wildlife Act 1974, the Threatened Species Conservation Act 1995 and other miscellaneous legislation. The Amendment Act will commence in two stages. The first commencement date is 2 July 2010 with the remainder of the Act commencing on 1 October 2010.  For further information about the changes please refer to the NPW Amendment Act page.

May 2010

• The Pesticides Amendment (Qualifications) Regulation 2010 commenced on 14 May 2010. The Regulation amends clause 9 of the Pesticides Regulation 2009 to provide that a person is qualified to use a particular pesticide if they hold a qualification specified in a pesticide control order for that pesticide.

April 2010

• The National Parks and Wildlife (Broken Head Nature Reserve) Act 2010, which commenced on 28 April 2010, revokes a small area (approximately 981 square metres being Lot 4 in DP 1139721) of Broken Head Nature Reserve as a nature reserve under the National Parks and Wildlife Act 1974, and instead vests the land in the Minister under Part 11 for an estate in fee simple. The land will be transferred to the Arakwal Aboriginal Corporation in accordance with an Indigenous Land Use Agreement. The Act does not operate to extinguish any native title rights and interests existing in relation to the land.

March 2010

• The Historic Houses Amendment (Throsby Park Historic Site) Act 2010, which commenced on 22 March 2010, amends the Historic Houses Act 1980 revoking the reservation of the Throsby Park Historic Site as an historic site under the National Parks and Wildlife Act 1974. The Act instead vests the site, which is located in the Southern Highlands, in the Historic Houses Trust NSW. The vesting of the site does not affect any authority, lease or licence under the Mining Act 1992 or Petroleum (Onshore) Act 1991. While the site may be leased for a period of up to 99 years, it cannot be sold or exchanged.

February 2010

• The Protection of the Environment Operations (Noise Control) Amendment (Maximum Exhaust Noise Levels) Regulation 2010 commenced on 26 February 2010. The Regulation amends clause 4 of the Protection of the Environment Operations (Noise Control) Regulation 2008 to delay the commencement of new maximum vehicle exhaust noise levels by 18 months.