ANNUAL REGULATORY PLAN
Sustainability, Environment, Water, Population and
Communities and Parks Australia 2012-2013
Contents

Sustainability, Environment, Water, Population and Communities and Parks Australia
Regulatory Plan

What regulation does a Regulatory Plan cover?

Summary of regulatory changes during the 2011/2012 Financial Year

Summary of regulatory activity planned for the current Financial Year 2012/2013

Description of regulatory changes during the 2011/2012 Financial Year

Description of regulatory activity planned for the current Financial Year 2012/2013
Sustainability, Environment, Water, Population and
Communities and Parks Australia Regulatory Plan
This report sets out the regulatory plan for the Department of Sustainability, Environment,
Water, Population and Communities (the Department) and Parks Australia.
Commonwealth agencies that have a responsibility for business regulation are required to
publish a regulatory plan on their web site early in each financial year. The regulatory plan
deals with changes within the agency’s area of responsibility and contains information about:

changes to business regulation which have occurred since the beginning of the
previous financial year; and

activities planned in the current financial year which could lead to changes in business
regulation.
What regulation does a Regulatory Plan cover?
A regulatory plan covers business regulation. This includes primary legislation, subordinate
legislation, quasi-regulation or treaties which directly affect business, have a significant indirect
effect on business, or restrict competition.
Quasi-regulation refers to rules or arrangements where governments influence businesses to
comply, but which do not form part of the explicit government regulation.
A regulatory plan does not include information about the following:

regulations that are likely to have no or a low impact on businesses and individuals or
the economy;

regulations that involve considerations of specific Government purchases;

regulations of a state or self-governing territory that apply in a non-self governing
territory; and

anticipated activity about which it would be inappropriate to publish information on
grounds of confidentiality.
In addition, there may be regulatory activities undertaken during the next financial year which
have not been included in a regulatory plan because they could not be foreseen when the plan
was prepared at the start of the financial year.
In view of these exclusions, users should not take a regulatory plan to be a comprehensive
source of information on past or potential changes to business regulation.
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Summary of regulatory changes during the 2011/2012
financial year
Antarctica

Amendment to the Antarctic Treaty (Environment Protection) Act 1980

Amendment to the Antarctic Treaty (Environment Protection) Proclamation 2007 and
the Antarctic Treaty (Environment Protection – Historic Sites and Monuments)
Proclamation 2007
Environment

Commencement of the Product Stewardship Act 2011 and the Product Stewardship
(Televisions and Computers) Regulations 2011

Applying an equivalent carbon price to synthetic greenhouse gases

Amendments to the Water Efficiency Labelling and Standards (WELS) Scheme
Parks and Reserves

Australian National Botanic Gardens Management Plan 2012-2022
Water

Amendment regulations to improve the operational effectiveness of the Water Act 2007
and prescribe variations to the Snowy Water Licence

The National Water Commission Amendment Act 2012
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Summary of regulatory activity planned for the current
financial year 2012/2013
Antarctica

Revised Mawson’s Huts Historic Site Management Plan 2012-2017

Development of a revised Threat Abatement Plan for the ‘Incidental catch (or bycatch)
of seabirds during oceanic longline fishing operations’

Heard Island and McDonald Islands Marine Reserve Amendment Proclamation 2012
and Heard Island and McDonald Islands Conservation Zone Repealing Proclamation
2012

Heard Island and McDonald Islands Marine Reserve Management Plan
Environment

Amendments to the Environment Protection and Biodiversity Conservation Act 1999
and the Environment Protection and Biodiversity Conservation Regulations 2000

Review of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and
Regulations

COAG Plastics and Chemical Regulation Reform

Listing of alachlor, aldicarb and endosulfan on the Rotterdam Convention

Potential treaty making action for changes to the Stockholm Convention on Persistent
Organic Pollutants

Second independent review of the Fuel Quality Standards Act 2000

Amendments to the Fuel Quality Standards Regulations 2001

Development of a fuel quality and fuel quality information standard for B20 (diesel
biodiesel blend) fuel under the Fuel Quality Standards Act 2000

Development of a fuel quality and fuel quality information standard for E85 fuel under
the Fuel Quality Standards Act 2000

Possible amendment of the diesel fuel quality standard under the Fuel Quality
Standards Act 2000

Amendments to the Fuel Standard (Autogas) Determination 2003 under the Fuel
Quality Standards Act 2000

Third independent review of the Product Stewardship (Oil) Act 2000

Increases to Refrigeration and Air Conditioning (RAC) industry permit application fees

Amendments to the Water Efficiency Labelling and Standards Scheme (Royal Assent of
Bill, Regulations and Determination)
Parks and Reserves

Proclamation of new Commonwealth Marine Reserves

Management Plans for Commonwealth Reserves
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
Incorporation of the Koongarra Project Area into Kakadu National Park
Water

Amendment regulations to implement Murray-Darling Basin Plan transitional
arrangements and improve the operational effectiveness of the Water Act 2007

Clarification and expansion of the range of enforceable undertakings under the Water
Act 2007

Amendments to the Water Market Rules 2009 and Water Charge (Termination Fees)
Rules 2009

Examination of options to address stakeholder concerns about the conduct of water
market intermediaries

Murray-Darling Basin Plan

Review of the Murray-Darling Basin Agreement (Schedule 1 to the Water Act 2007)

Amendments to the Murray-Darling Basin Agreement (Schedule 1 to the Water Act
2007) and Water Regulations 2008

Operating rules relating to the Commonwealth Environmental Water Holder (CEWH)
purchasing, disposing of or otherwise dealing in water and water access rights
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Description of regulatory changes during the 2011/2012
financial year
Antarctic
Amendment to the Antarctic Treaty (Environment Protection) Act 1980
Description of Issues
Amendments to the Antarctic Treaty (Environment Protection) Act 1980 have been made to
implement domestically Australia’s Antarctic Treaty obligations pursuant to:

Measure 4 (2004) – Insurance and Contingency Planning for Tourism and Nongovernmental activities in the Antarctic Treaty Area;

Measure 1 (2005) – Annex VI to the Protocol on Environmental Protection to the
Antarctic Treaty: Liability Arising from Environmental Emergencies; and

Measure 15 (2009) – Landing of Persons from Passenger Vessels in the Antarctic
Treaty Area.
Under amendments pursuant to Measure 4 (2004), operators organising or conducting tourism
or other non-governmental activities in the Antarctic:

would need to establish and maintain appropriate contingency plans, arrangements for
health and safety, search and rescue, medical care, and evacuation prior to
commencing an activity; and

would require insurance or other arrangements – adequate to meet the costs of search
and rescue, medical care and evacuation.
The amendments contribute to improved safety outcomes for tourism and other
non-governmental activities occurring in the Antarctic.
Under amendments pursuant to Measure 1 (2005), operators organising or conducting
scientific programs, tourism and all other governmental and non-governmental activities in the
Antarctic:

would need to undertake reasonable preventative measures to reduce the risk of
environmental emergencies and their potential adverse impact;

would need to establish and maintain contingency plans for responses to incidents with
potential adverse impacts on the Antarctic environment;

would need to take prompt and effective response action to environmental emergencies
arising from the activities of that operator; and

would require adequate insurance or other financial security to cover potential liability
for failure to take prompt and effective response action.
The amendments contribute to improved response action to environmental emergencies
relating to scientific programs, tourism and all other governmental and non-governmental
activities occurring in the Antarctic.
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Under amendments pursuant to Measure 15 (2009), operators organising or conducting
tourism or other non-governmental activities in the Antarctic:

would need to refrain from making any landings in Antarctica from vessels carrying
more than 500 passengers;

would need to coordinate with each other with the objective that not more than one
tourist vessel is at a landing site at any one time;

would need to restrict the number of passengers on shore at any one time to 100 or
fewer; and

would need to maintain a 1:20 guide-to-passenger ratio.
The amendments contribute to improved safety and environmental outcomes for tourism and
other non-governmental activities occurring in Antarctica.
Date of Effect
The Antarctic Treaty (Environment Protection) Amendment Act 2012 received royal assent on
28 June 2012.
The operative provisions related to the implementation of each measure will only commence
once all Consultative Parties to the Antarctic Treaty have approved the relevant measure.
Contact Details
Rob Bryson
Manager, Territories, Environment and Treaties
Australian Antarctic Division
Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway
Kingston TAS 7050
Phone: (03) 6232 3275
Facsimile: (03) 6232 3500
Email: Rob.Bryson@aad.gov.au
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Amendment to the Antarctic Treaty (Environment Protection) Proclamation
2007 and the Antarctic Treaty (Environment Protection – Historic Sites and
Monuments) Proclamation 2007
Description of Issues
Annex V of the Environmental Protocol to the Antarctic Treaty provides for the designation of
Antarctic Specially Protected Areas (ASPAs), Antarctic Specially Managed Areas (ASMAs)
and Historic Sites and Monuments (HSMs). These areas are designated by the Antarctic
Treaty Consultative Meeting in order to protect outstanding environmental, scientific, historic,
aesthetic or wilderness values or ongoing planned scientific research.
Entry into ASPAs and ASMAs is regulated under the Antarctic Treaty (Environment Protection)
Act 1980 and it is an offence to damage or destroy a HSM.
The Antarctic Treaty (Environment Protection) Amendment Proclamation 2011 and the
Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment
Proclamation 2011 were prepared to implement into domestic law agreed new ASPAs, ASMAs
and HSMs, and changes to boundaries, agreed at the 33 rd and 34th Antarctic Treaty
Consultative Meeting.
Date of Effect
The Antarctic Treaty (Environment Protection) Amendment Proclamation 2011 and the
Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment
Proclamation 2011 came into effect on 16 December 2011.
Contact Details
Rob Bryson
Manager, Territories, Environment and Treaties
Australian Antarctic Division
Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway
Kingston TAS 7050
Phone: (03) 6232 3275
Facsimile: (03) 6232 3500
Email: Rob.Bryson@aad.gov.au
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Environment
Commencement of the Product Stewardship Act 2011 and the Product
Stewardship (Televisions and Computers) Regulations 2011
Description of Issues
The Product Stewardship Act 2011 establishes a national framework to allow Australia to more
effectively manage the environmental, health and safety impacts of products, and in particular
the impacts associated with disposal of products.
The framework includes voluntary, co-regulatory and mandatory product stewardship.
Voluntary product stewardship provides an avenue for encouraging and recognising product
stewardship without the need to regulate. Co-regulatory product stewardship involves a
combination of government regulation and industry action. The mandatory product stewardship
provisions allow regulations to establish prescriptive product stewardship requirements.
The co-regulatory and mandatory provisions only apply to classes of products identified in
regulations, and regulations can only be made following regulatory impact assessment.
The Product Stewardship (Televisions and Computers) Regulations 2011 support a coregulatory recycling scheme for televisions, computers, printers and computer products.
The Regulations require companies that imported or manufactured relevant products in the
previous financial year to be members of an ‘approved co-regulatory arrangement’. The
administrators of these arrangements must take all reasonable steps to meet outcomes
specified in the Regulations, including annual recycling targets and the provision of reasonable
access to collection services.
To limit the impact of the Regulations on small business, companies that that import or
manufacture less than 15,001 computer products or 5,001 televisions, computers or printers in
a financial year are not required to be members of an approved co-regulatory arrangement.
Date of Effect
The Act came into effect on 8 August 2011.
The Regulations commenced on 8 November 2011 and were amended on 23 November 2011
and 14 June 2012.
Contact Details
Michael Bennett
Director, Environment Quality Legislation
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 2481
Email: michael.bennett@environment.gov.au
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Applying an equivalent carbon price to synthetic greenhouse gases
Description of Issues
Under the Australian Government's Clean Energy Future Plan, synthetic greenhouse gases
(SGGs) covered by the Kyoto Protocol will have an equivalent carbon price applied from 1 July
2012 through the existing Ozone Protection and Synthetic Greenhouse Gas legislative
framework.
The existing framework controls and imposes licence, reporting and levy requirements to the
manufacture, import and export of:

all ozone depleting substances (ODSs);

hydrofluorocarbons and perfluorocarbons (which are SGGs); and

refrigeration and air-conditioning equipment containing ODSs, hydrofluorocarbons and
perfluorocarbons.
Legislation and regulation amendments were made to add a carbon charge component, based
on the global warming potential of each gas, to the existing levy, and to extend the licence,
reporting and levy requirements to importers and manufacturers of:

all SGGs, including sulfur hexafluoride; and

all equipment containing hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
Applying an equivalent carbon price to synthetic greenhouse gases will create a financial
incentive to reduce emissions by placing a price on every tonne of SGGs. The equivalent
carbon price will encourage businesses and customers to:

use low or no global warming potential alternative gases;

ensure equipment containing synthetic greenhouse gases are correctly installed and
undergo regular maintenance; and

increase end of life recovery and recycling of gases.
Date of Effect
1 July 2012.
Contact Details
Lili Calitz
Assistant Director, Synthetic Greenhouse Gas Carbon Pricing Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6275 9054
Fax: (02) 6274 2875
Email: lili.calitz@environment.gov.au
10
Amendments to the Water Efficiency Labelling and Standards (WELS)
Scheme
Description of Issues
In November 2011 the Standing Council on Environment and Water determined its response
to the recommendations of the Independent Review of the Water Efficiency Labelling and
Standards (WELS) Scheme. It also agreed a strategic plan for 2012-15.
Implementing a number of those Standing Council decisions required amendment to the Water
Efficiency Labelling and Standards Act 2005, the 2011 Determination and the 2005
Regulations. Key amendments include:

introduction of civil penalties;

amendments to existing criminal offences; and

changes to the registration aspects of the scheme, including the fee model, to enable
the scheme to increase its cost recovery ratio.
A new determination and regulations will be also be made.
Date of Effect
The Bill to amend the Act was passed by Parliament on 26 June 2012. Compliance and
enforcement aspects of the Bill will take effect the day after it receives Royal Assent while
registration aspects are planned to take effect by proclamation in November 2012.
Contact Details
Angela Gillman
Assistant Director, WELS Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6275 9054
Email: angela.gillman@environment.gov.au
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Parks and Reserves
Australian National Botanic Gardens Management Plan 2012-2022
Description of Issues
Management plans describe how Commonwealth reserves will be managed for a 10 year
period, including natural and cultural heritage management, visitor management and approved
commercial activities in the reserve. A management plan must apply the requirements of the
Environment Protection and Biodiversity Conservation Act 1999 and associated regulations.
The management plan for the Australian National Botanic Gardens is based on the
management principles and intent of the previous plan, taking into consideration public
comments towards the initial development of the plan, and public comments submitted on a
draft of the management plan released for public comment in November 2011 (which allowed
70 days for public comments).
Office of Best Practice Regulation (OBPR) considers that the management plan has only a
‘minor’ impact on business or the not-for-profit sector and no further analysis (in the form of a
Regulation Impact Statement) was required (OBPR ID: 2012/13605).
Date of Effect
29 May 2012.
Contact Details
Mr Peter Byron
General Manager
Australian National Botanic Gardens
GPO Box 1777 CANBERRA ACT 2601
Phone: (02) 6250 9500
Fax: (02) 6250 9599
Email: peter.byron@environment.gov.au
12
Water
Amendment regulations to improve the operational effectiveness of the
Water Act 2007 and prescribe variations to the Snowy Water Licence
Description of Issues
The Water Regulations 2008 (Regulations) were amended to improve the operational
effectiveness of the Water Act 2007 (Water Act) by:

prescribing a number of Victorian water resources plans as Transitional Water
Resources Plans (TWRPs) for the purposes of section 241 of the Water Act. Under
section 241 of the Water Act, a water resources plan can be prescribed as a TWRP.
Under section 245 of the Water Act, a TWRP will prevail over the Basin Plan to the
extent of any inconsistency; and

changing the Bureau of Meteorology’s (BoM) information gathering powers, including
with respect to the time in which information is to be provided to the BoM and the
categories to be provided, to enhance the quality and utility of water information.
The Regulations were further amended to prescribe variations to the Snowy Water Licence
made on 29 April 2010 and 4 October 2011. The variations to the Snowy Water Licence were
made under the Snowy Hydro Corporatisation Act 1997 (NSW). The variation impacts upon
water availability and sharing arrangements for NSW, Victoria and South Australia under the
Murray Darling Basin (MDB) Agreement. Amendments to the MDB Agreement are required to
ensure the changes to the Snowy Water Licence are appropriately reflected in the MDB
Agreement. Under section 21(7) of the Water Act, the Murray-Darling Basin Plan cannot be
inconsistent with a variation made to the Snowy Water Licence if the variation has been
prescribed in the Regulations. The draft Basin Plan has been written to be consistent with the
two variations.
Date of Effect
The amendments to the Water Regulations 2008 came into effect on 11 May 2012.
Contact Details
Tony Bigwood
Director, Water Regulation Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 2730
Email: tony.bigwood@environment.gov.au
13
The National Water Commission Amendment Act 2012
Description of Issues
The National Water Commission Amendment Act 2012 amends the National Water
Commission Act 2004 to continue the National Water Commission (NWC) as an independent
statutory body beyond the previous Act’s sunset date of 30 June 2012.
The Act implements the Government’s response to an independent Review of the NWC and
refocusses its operations to deliver three core ongoing functions (monitoring, audit,
assessment). It closes the Australian Water Fund, but enables the NWC to administer
Australian Government funding programs that may be allocated to it in the future. The Act also
reduces the number of NWC Commissioners (including the Chair) from seven to five, due to
the NWC’s refocused functions.
Date of Effect
All but Schedule 1, Part 1: 27 June 2012
Schedule 1, Part 1: 1 July 2012
Contact Details
Katy Nicholls
Director, Strategic Review Section, Water Policy Branch
Department of Sustainability, Environment, Water, Populations and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 1797
Fax: (02) 6274 2186
Email: katy.nicholls@environment.gov.au
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Description of regulatory activity planned for the current
financial year 2012 / 2013
Antarctic
Revised Mawson’s Huts Historic Site Management Plan 2012-2017
Description of Issues
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the
Mawson’s Huts Historic Site Management Plan 2007-12 was required to be reviewed and if
necessary revised within five years of its making. This Plan has now been reviewed and a
revised plan is scheduled to be made before December 2012.
For one hundred years, Mawson’s Huts have stood as the cornerstone of Australia’s Antarctic
history. It was the first base for Australia’s scientific and geographical discovery of Antarctica.
This significance has been nationally recognised through the listing of the site as a National
Heritage place (2005) and a Commonwealth Heritage place (2004) under the EPBC Act.
The Mawson’s Huts Historic Site Management Plan 2012-2017 will provide conservation and
management guidance for the historic site for the next five years. The Plan will centre on the
ongoing conservation and maintenance work required to protect the National and
Commonwealth listed values of the site. The essential conservation principles for the site
have not changed.
Consultation Opportunities
The review of the previous management plan and the development of the revised plan sought
informal and formal comments from interested parties and the general public. Prior to its
finalisation, the revised plan will be circulated for public comment and following consideration
of comments received, advice will be sought from the Australian Heritage Council prior to its
final approval.
Expected Timetable
It is expected that the draft revised management plan will undergo a public consultation period
in the next two months and will be finalised before the end of 2012.
Contact Details
Rob Bryson
Manager, Territories, Environment and Treaties
Australian Antarctic Division
Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway Kingston TAS 7050
Phone: 03 6232 3275
Fax:(03) 6232 3500
Email: Rob.Bryson@aad.gov.au
15
Development of a revised Threat Abatement Plan for the ‘Incidental catch
(or bycatch) of seabirds during oceanic longline fishing operations’
Description of Issues
The current Threat Abatement Plan (TAP) was made in July 2006 to address the key
threatening process of incidental catch (or bycatch) of seabirds during oceanic longline fishing
operations.
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the
Minister is required to review each TAP within five years and to consider whether a variation is
necessary to better achieve its objectives.
The Minister reviewed the TAP in July 2011. He concluded that significant progress had been
made in reducing seabird bycatch in longline fisheries. However, as the objective of the TAP
(zero seabird bycatch) had not yet been achieved, a TAP was still required. The Minister
decided that a variation offered the best option for further reducing seabird bycatch and
directed the department to develop a variation in consultation with stakeholders. The current
TAP continues to be in force while a variation to the plan is being developed.
The current TAP prescribes actions in six key areas. These are mitigation, education,
international initiatives, research and development, innovation, and data collection and
analysis. It is proposed that there continue to be prescribed actions in each of these areas.
Many of the prescribed actions in the current TAP have been effective and will continue to be
needed. It is expected that the scope of a revised TAP will be largely similar to the current
TAP. Consequently, most changes will comprise updates or refinements of current
prescriptions to take account of improved knowledge from research or technological and other
developments since 2006.
Consultation Opportunities
In broad terms, the proposed process to develop a variation will involve:
1. initially consulting with the Threatened Species Scientific Committee (TSSC) and
government agencies (completed);
2. initially also consulting with industry, environmental organisations and other nongovernment organisations (NGOs) (completed);
3. progressing development of draft text for a revised TAP, with further research and
consultation as required on individual issues;
4. consulting with the TSSC prior to release for public comment of a draft revised TAP,
revising that draft as required, and releasing it for public comment (for at least three
months);
5. evaluating public comments and revising the draft TAP as required, noting that if
significant changes are needed, further consultation may be undertaken prior to
preparing a final draft TAP;
6. preparing a final draft TAP and consulting with the TSSC prior to it being submitted to
the Minister; and
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7. revising the draft TAP, as required, and submitting it to the Minister for decision.
Expected Timetable
Consultation with the Office of Best Practice Regulation is expected to occur in late 2012, with
the variation to the TAP proposed to be in effect in early 2013/14.
Contact Details
Rob Bryson
Manager, Territories, Environment and Treaties
Australian Antarctic Division
Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway
Kingston TAS 7050
Phone: 03 6232 3275
Fax: 03 6232 3500
Email: Rob.Bryson@aad.gov.au
17
Heard Island and McDonald Islands Marine Reserve Amendment
Proclamation 2012 and Heard Island and McDonald Islands Conservation
Zone Repealing Proclamation 2012
Description of Issues
A Commonwealth Reserve was declared at Heard Island and Macquarie Island (HIMI) by
Proclamation under section 344(1) of the Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act) published in the Gazette on 16 October 2002.
By Proclamation made under section 390D of the Act and also published in the Gazette on
16 October 2002 four areas adjacent to the Reserve were declared a Conservation Zone to
protect the areas while being assessed to determine whether they should be included in the
Reserve.
A scientific assessment of the Conservation Zone has been completed and recommended that
approximately 6200 km² of the zone should be added to the Reserve on the basis of its high
conservation value; and, noting that the values of the remaining areas of the conservation
zone (5800 km²) are already adequately represented elsewhere in the Reserve, the area
should not be included in the Reserve.
There is some fishing activity in the areas that are proposed for inclusion in the Reserve.
Despite the reduction in the area of the fishing grounds following the expansion of the
Reserve, the same total allowable catch will be available outside the Reserve.
The Minister for Sustainability, Environment, Water, Population and Communities (the
Minister) is yet to consider the recommendations of the HIMI conservation zone assessment.
Consultation Opportunities
The Australian Antarctic Division (AAD) has consulted extensively with stakeholders
throughout the scientific assessment process. This consultation process began in 2002 when
the AAD established the HIMI Stakeholder Group to bring together relevant interest groups
(including conservation non-government organisations, the two commercial fishing operators
that operate in the HIMI Fishery and relevant commonwealth government agencies).
Members of the HIMI Stakeholder Group were consulted on the development and
implementation of a Conservation Zone scientific research plan, the assessment of the
Conservation Zone’s fishing resource potential and assessments of potential fishing impacts to
any conservation values.
Further to above, a notice inviting public comment on the proposal was published in
accordance with the Act on 21 December 2011. No comments were received during the public
consultation period.
The Office of Best Practice and Regulation is satisfied that the two regulatory actions would be
likely to have a minor impact on the business or not-for-profit sector and accordingly no further
analysis (in the form of a Regulation Impact Statement) is required.
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Expected Timetable
Pending ministerial agreement, the AAD expects to instruct the Office of Legislative Drafting
and Publishing (OLDP) in August 2012.
It is AAD’s assessment that this drafting exercise is straightforward and that the OLDP should
be able to prepare the proclamations within a fairly short timeframe. The schedules to the
proclamations that outline the boundaries of the new areas of the marine reserve have been
developed already by AAD in consultation with Geoscience Australia.
AAD expects to advise the Executive Council on the proclamations in October 2012.
Contact Details
Lihini Weragoda
Senior Policy Adviser
Australian Antarctic Division
Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway
Kingston TAS 7050
Email: Lihini.Weragoda@aad.gov.au
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Heard Island and McDonald Islands Marine Reserve Management Plan
Description of Issues
The Heard Island and McDonald Islands Marine Reserve is a Commonwealth Reserve
managed by the Director of the Australian Antarctic Division.
Section 366 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC
Act) provides that the Director must prepare a management plan for a Commonwealth
Reserve.
The Australian Antarctic Division is currently preparing a new management plan to replace the
current plan which will expire on 24 August 2012. An area adjacent to the Reserve, currently
proclaimed as a Conservation Zone under the EPBC Act, is presently being assessed for
inclusion in the Reserve.
The Office of Best Practice and Regulation (OBPR) reviewed this planned regulatory activity in
February 2012. It found that this activity would not have a regulatory impact on business or the
not-for-profit sector. Accordingly, no further analysis (in the form of a Regulation Impact
Statement) is required.
Consultation Opportunities
In late 2011 key stakeholders and members of the broader public were invited to comment on
the Director’s proposal to prepare a draft new management plan in accordance with section
368(2) of the EPBC Act.
In early 2013 key stakeholders and members of the broader public will be invited to comment
on a draft of the new management plan in accordance with section 368(5) of the EPBC Act.
Expected Timetable
In early 2013 a draft of the new management plan will be released for public comment in
accordance with section 368(5) of the EPBC Act.
Contact Details
Rob Bryson
Manager, Territories, Environment and Treaties
Australian Antarctic Division
Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway
Kingston TAS 7050
Phone: (03) 6232 3275
Facsimile:(03) 6232 3500
Email: Rob.Bryson@aad.gov.au
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Environment
Amendments to the Environment Protection and Biodiversity Conservation
Act 1999 and the Environment Protection and Biodiversity Conservation
Regulations 2000
Description of Issues
On 24 August 2011, the Minister for Sustainability, Environment, Water, Population and
Communities released the government response to the Independent Review of the
Environment Protection and Biodiversity Conservation Act 1999 as part of a broad package of
reforms for Australia’s national environment law.
Amendments will be made to the Environment Protection and Biodiversity Conservation Act
1999 (EPBC Act) and the Environment Protection and Biodiversity Conservation Regulations
2000 (EPBC Regulations) which will implement part of these reforms.
Further information on the reforms can be found at:
http://www.environment.gov.au/epbc/reform/index.html
Consultation Opportunities
The Government has undertaken significant consultation with a range of stakeholders in
preparing its reform package.
A regulation impact statement was prepared for the government response to the Independent
Review of the EPBC Act and is available from http://ris.finance.gov.au/category/environmentand-energy.
Expected Timetable
The Government will introduce legislation to amend the EPBC Act during 2012. Amendments
to the EPBC Regulations are expected to commence progressively through 2012 and 2013.
Contact Details
Kelly Pearce
A/g First Assistant Secretary, Heritage and Wildlife Division
Department of Sustainability, Environment, Water, Populations and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 1877
Email: Kelly.Pearce@environment.gov.au
21
Review of the Hazardous Waste (Regulation of Exports and Imports) Act
1989 and Regulations
Description of Issues
The review is intended to ensure that Australia effectively and efficiently meets its international
obligations and national policy objectives for managing hazardous substances, hazardous
wastes and other wastes.
Amongst other matters, the review provides an opportunity to consider industry experience
with the operation of the Act and Regulations since they were last reviewed in 2001, and
whether there are opportunities to reduce regulatory burdens.
Consultation Opportunities
An introductory Issues Paper to seek stakeholder feedback on issues to be addressed in the
review was open for comment between 14 June and 12 July 2012.
A Consultation Paper with a more detailed discussion and analysis of issues will be released
for comment in the second half of 2012. The timing of this release will depend on the range of
issues raised by stakeholders and the level of analysis required. At this stage it is anticipated
that the Consultation Paper will be released in October 2012.
Those interested in receiving a copy of the Consultation Paper can email
Hazardous.Waste@environment.gov.au.
Expected Timetable
June-July 2012: Consultation on Issues Paper
October 2012: Consultation Paper released
December 2012: Report on Submissions
2013: Introduction of any amendments to the Act or Regulations.
Contact Details
Michael Bennett
Director, Environment Quality Legislation
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 2481
Email: michael.bennett@environment.gov.au
22
COAG Plastics and Chemical Regulation Reform
Description of Issues
In 2008, the Productivity Commission examined Australia’s system of regulating chemicals and
plastics in its Research Report on Chemicals and Plastics Regulation. The Productivity
Commission noted that, in contrast to other sectors such as health, transport and occupational
health and safety, there is currently no risk management decision-making body for chemicals
in the environment sector and no formal policy oversight by environment ministers.
In response to the Productivity Commission recommendations, in November 2008 the Council
of Australian Governments (COAG) directed the Environment Protection Heritage Council
(EPHC) to develop a proposal for establishing a technical advisory body to propose risk
management recommendations on industrial chemicals for consideration by the EPHC (now
the Standing Committee on Environment and Water). COAG noted that this proposal would
provide for the development of a single national decision on the environmental management of
chemicals that could be adopted by reference and applied consistently in all jurisdictions and
would close a significant gap in current arrangements for environment protection.
At the same meeting, COAG agreed that EPHC would examine the costs and benefits of
requiring mandatory environmental labelling of chemicals and examine the feasibility of
developing a performance measurement framework for efforts to monitor the impact of
chemicals in the environment for impacts both on human health and the environment.
Development of this regulatory framework is included as part of the tranche of chemicals
reforms under Outcome 16 (chemicals and plastics regulation) of COAG’s National
Partnership Agreement to Deliver a Seamless National Economy.
In 2009, the initiative was included as a key project under Strategy 12 (reducing hazard and
risk) of the COAG-endorsed National Waste Policy: Less Waste, More Resources.
Consultation Opportunities
It is anticipated that a COAG Consultation Regulation Impact Statement will be prepared and
an associated public consultation process undertaken.
Expected Timetable
It is expected that public consultation on the consultation RIS will occur in the second half of
2012 and a COAG compliant Decision Regulation Impact Statement completed by the end of
December 2012.
Contact Details
Dr Sara Broomhall
Director, Chemical Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
23
Phone: (02) 6274 1702
Email: sara.broomhall@environment.gov.au
Listing of alachlor, aldicarb and endosulfan on the Rotterdam Convention
Description of Issues
The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade’s (Rotterdam Convention) Prior Informed
Consent (PIC) Procedure provides a mechanism for information exchange on certain
hazardous chemicals and pesticides to assist countries in making informed decisions before
importing these chemicals. The PIC Procedure requires that all Parties ensure informed
consent is received before exporting any chemical listed in Annex III. Australia is a Party to the
Rotterdam Convention.
Three pesticides, alachlor, aldicarb and endosulfan were listed in Annex III of the Rotterdam
Convention at its Fifth Conference of the Parties (COP 5) in June 2011. As a consequence of
this listing the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 and
the Customs (Prohibited Exports) Regulations 1958 need to be amended to include the three
chemicals.
In compliance with the Rotterdam Convention, the regulatory amendments will require all
potential exporters to obtain a permit from the Department of Agriculture, Fisheries and
Forestry before exporting alachlor, aldicarb or endosulfan.
Consultation Opportunities
Consultation on the current status of the three chemicals in Australia was conducted through
the treaty making process. The Joint Standing Committee on Treaties (JSCOT) considered the
treaty amendment and provided their response in Report 124 which was tabled on 10 May
2012.
Expected Timetable
The regulatory amendments to add the three chemicals to the relevant schedules will be made
in August/September 2012 following approval by the Executive Committee.
Contact Details
Dr Sara Broomhall
Director, Chemical Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 1702
Email: sara.broomhall@environment.gov.au
24
Potential treaty making action for changes to the Stockholm Convention on
Persistent Organic Pollutants
Description of Issues
The Stockholm Convention commits governments to reducing, and where feasible, eliminating
the production and environmental releases of persistent organic pollutants (POPs), chemicals
that are persistent, undergo long range environmental transport, bioaccumulate and are toxic
or show adverse effects. Australia ratified the Stockholm Convention in 2004.
The Conference of the Parties (COP), at its fourth meeting in May 2009, agreed to list nine
new chemicals in the annexes to the Stockholm Convention for restriction or elimination:

chlordecone;

hexabromobiphenyl;

pentachlorobenzene;

lindane;

alpha hexachlorocyclohexane;

beta hexachlorocyclohexane;

tetrabromodiphenyl ether and pentabromodiphenyl ether (commercial
pentabromodiphenyl ether);

hexabromodiphenyl ether and heptabromodiphenyl ether (commercial
octabromodiphenyl ether); and

perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride (PFOS).
Lindane was deregistered on 7 June 2010 at the request of the registrant. It was previously
sold under permit to treat symphylids in pineapples in Queensland. Residual stocks could be
used by farmers until 7 June 2012. Lindane was deregistered for general use in 1985.
For 151 parties, the treaty amendment adding the nine chemicals to Annexes A, B and C
came into force on 26 August 2010. For Australia, an amendment to the Annexes only enters
into force upon Australia’s ratification of that amendment.
Only one of these chemicals, PFOS, is still used in Australia. PFOS is used in a wide variety of
applications. There are allowances available under the COP decision to enable continued use
of PFOS for certain essential uses. PFOS may also be present in consumer articles currently
in use. These aspects will be explored during the domestic treaty-making process.
Pentabromodiphenyl ether and octabromodiphenyl ether, which are brominated flame
retardants, have been phased out in Australia over the past 5–10 years but may still be
present in consumer articles currently in use, such as some, but not all, electrical and
electronic equipment, mattresses, and foam cushions such as those used in furniture and car
seats. Some obligations may arise for disposal when the articles in use at the time of
ratification then become waste. This will be considered in detail as part of the domestic treatymaking process.
25
The COP at its fifth meeting in April 2011 agreed to add the pesticide endosulfan to Annex A of
the Stockholm Convention. Endosulfan was deregistered in Australia by the Australian
Pesticides and Veterinary Medicines Authority on 12 October 2010 with a two year phase out.
Consultation Opportunities
Consultation, including preparation of a Regulation Impact Statement (RIS), was conducted
prior to the fourth meeting of the COP in 2009 where there was agreement to listing of the nine
additional chemicals.
Consultation has commenced as part of the domestic treaty-making process. A further RIS will
be drafted that will analyse the implementation options (including possible regulatory options)
for ratifying the listing of the 9 additional chemicals. As part of the treaty making process a
National Interest Analysis must also be prepared. When any proposed treaty amendments are
tabled to the Joint Standing Committee on Treaties (JSCOT) there will be an opportunity for
comments on the proposed amendments outlined in the tabled documents.
Expected Timetable
The draft RIS is expected to be released for comment in the 2012/13 financial year but the full
treaty process may not be completed in this financial year.
Contact Details
Dr Paul Bainton
Assistant Director, Chemical Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6275 9764
Email: paul.bainton@environment.gov.au
26
Second independent review of the Fuel Quality Standards Act 2000
Description of Issues
The Fuel Quality Standards Act 2000 provides the legislative basis for national fuel quality and
fuel quality information standards for Australia. The Act is in place to:
a) regulate the quality of fuel supplied in Australia in order to:
i.
reduce the level of pollutants and emissions arising from the use of fuel that may
cause environmental and health problems; and
ii.
facilitate the adoption of better engine technology and emission control
technology; and
iii.
allow the more effective operation of engines; and
b) ensure that, where appropriate, information about fuel is provided when the fuel is
supplied.
Section 72 of the Act provides for a review of the Act. The purpose of the review is to evaluate
the operation of the Act and to propose actions if necessary.
Consultation Opportunities
The form that the review of the Act will take has not yet been determined. It is expected that
there will be public consultation on the operation of the Act during the review process. The
report on the review will be made public when completed.
Expected Timetable
The review is expected to begin in late 2012 and be completed in early to mid 2013.
Any regulatory action arising from the review would not occur before 2013-14.
Contact Details
Sandra Chambers
Acting Director, Fuel and Used Oil Policy Section
Department of Sustainability, Environment, Water, Population and Communities
PO BOX 787 CANBERRA ACT 2601
Phone 02 6275 9845
Email: sandra.chambers@environment.gov.au
27
Amendments to the Fuel Quality Standards Regulations 2001
Description of Issues
Amendments required as a consequence of amendments to the Fuel Quality Standards Act
2000 in November 2009.
The proposed amendments relate to:

clarifying that financial hardship is not the only basis for waiving of section 14
application fees (relates to regulation 6);

removing provisions relating to expert advisers which have been removed from the Act;

amending regulation 7A to include a timeframe for providing documents that must
accompany fuel supplies as a result of a new civil penalty provision;

including provisions relating to administration of infringement notices and enforceable
undertakings which are new enforcement provisions in the Act; and

extending the power to request further information from applicants for section 13
approvals to a Senior Executive Service (SES) officer within the department.
Consultation Opportunities
There was a comprehensive consultation process under the first statutory review of the Act
during 2004/05. Consultation included the Fuel Standards Consultative Committee which
consists of representatives from the fuel industry, vehicle manufacturers, consumers,
environment groups, and state, territory and Commonwealth agencies.
There will be no further opportunities for consultation as the amendment process will be
finalised in early 2012-13.
A regulation impact statement (RIS) is not required for these amendments as they are
considered to be administrative or machinery in nature.
Expected Timetable
6 July 2012: Amendment regulations finalised by Office of Legislative Drafting and Publishing
26 July 2012: Ministerial approval finalised
27 July 2012: Final documents submitted to Executive Council
August 2012: Sign off by Governor General at the Federal Executive Council
Contact Details
Sandra Chambers
Acting Director, Fuel and Used Oil Policy Section,
Department of Sustainability, Environment, Water Population and Communities
GPO Box 787 CANBERRA ACT 2601
28
Phone: (02) 6275 9845
Email: sandra.chambers@environment.gov.au
Development of a fuel quality standard and fuel quality information
standard for B20 (diesel biodiesel blend) fuel under the Fuel Quality
Standards Act 2000
Description of Issues
A diesel biodiesel blend (B20) fuel quality standard and fuel quality information standard is
being proposed in order to provide certainty to fuel producers, blenders, vehicle manufacturers
and motorists, and to avoid adverse impacts associated with poor quality diesel biodiesel
blends.
Blends of conventional fuels (petrol or diesel) and biofuels (ethanol or biodiesel) are becoming
increasingly common on the market. The most common blends are E10 (a blend of 10 per cent
ethanol with petrol – captured by the petrol standard), E85 (a blend of between 70 and 85 per
cent ethanol with petrol – an E85 standard is being developed), B5 (a blend of 5 per cent
biodiesel with diesel – captured by the diesel standard) and B20 (a blend of more than 5 per
cent and not more than 20 per cent biodiesel with diesel). B20 is currently captured by the
diesel standard which is not suitable as it caps the allowable biodiesel content at 5 per cent.
The biodiesel standard is also not suitable as it does not include any diesel content.
Regulation of B20 fuel through the new standards will look to:

reduce emission and pollution levels arising from the use of B20 fuel, which may cause
environmental and health problems;

facilitate the adoption of better engine technology and emission control technology;

allow for the more effective operation of engines; and

ensure that information about B20 is provided when B20 is supplied.
Consultation Opportunities
A technical discussion paper detailing possible parameters, limits and test methods was
publicly released for a six week consultation period in March 2012. Further consultation will be
held on the proposed standards during 2012-13 with stakeholders including fuel producers,
vehicle manufacturers, fuel suppliers and testing laboratories.
Under the Fuel Quality Standards Act 2000, the Minister must consult with the Fuel Standards
Consultative Committee (FSCC) and have regard to the FSCC's recommendations before
determining a fuel standard or fuel quality information standard. The FSCC will also continue
to be consulted on the proposed B20 standards.
A minor Regulation Impact Statement (RIS) is expected to be completed in 2012-13.
29
Expected Timetable
July 2012: Preliminary Regulation Impact Statement Assessment completed
August - October 2012: RIS developed
November 2012: Government position paper released for consultation, including RIS data
February 2013: Consultation period ends
May 2013: Minister briefed with draft B20 standard and RIS for decision
Contact Details
Sandra Chambers
Acting Director, Fuel and Used Oil Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6275 9845
Email: sandra.chambers@environment.gov.au
30
Development of a fuel quality standard and fuel quality information
standard for E85 fuel under the Fuel Quality Standards Act 2000
Description of Issues
An E85 fuel quality standard and fuel quality information standard is being developed in
response to expansion of the Australian E85 market.
E85, a blend of 70-85 per cent ethanol with petrol, has until recently been a niche fuel.
However, in 2010 and 2011, announcements by the fuel and vehicle industries foreshadowed
more E85 bowsers and more vehicles compatible with E85. The greater supply and use of E85
fuel provides a renewed impetus to develop an E85 fuel quality and fuel quality information
standard.
Regulation of E85 fuel through the new standards will look to:

reduce emission and pollution levels arising from the use of E85 fuel, which may cause
environmental and health problems;

facilitate the adoption of better engine technology and emission control technology;

allow for the more effective operation of engines; and

ensure that information about E85 is provided when E85 is supplied.
Consultation Opportunities
A position paper detailing the proposed standards was publicly released for a six week
consultation period in June-July 2011. Further consultation was held during 2011-2012 with
key stakeholders including ethanol producers, vehicle manufacturers, fuel suppliers and
testing laboratories, to resolve some technical issues.
Under the Fuel Quality Standards Act 2000, the Minister must consult with the Fuel Standards
Consultative Committee (FSCC) and have regard to the FSCC's recommendations before
determining a fuel standard or fuel quality information standard. The FSCC was also consulted
on the proposed E85 standards.
A minor Regulation Impact Statement was completed in February 2012.
31
Expected Timetable
June-July 2012: Drafting of the determinations by Office of Legislative Drafting and Publishing
August 2012: Ministerial approval
August/September 2012: Registration on Federal Register of Legislative Instruments
Contact Details
Sandra Chambers
Acting Director, Fuel and Used Oil Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6275 9845
Email: sandra.chambers@environment.gov.au
32
Possible amendment of the diesel fuel quality standard under the Fuel
Quality Standards Act 2000
Description of Issues
In February 2009, the then Minister for the Environment, Water, Heritage and the Arts
amended the diesel standard to allow the addition of up to 5 per cent biodiesel to diesel. Prior
to this change, the diesel standard was silent on the addition of biodiesel, which enabled
suppliers of diesel biodiesel blends that met all other parameters of the diesel standard to
supply this product.
These amendments also introduced a new parameter (derived cetane number) for diesel
biodiesel (B20) blends as the parameter for mineral diesel (cetane index) is not appropriate for
blends. The cetane index for mineral diesel remained at 46 (min) while the derived cetane
number for blends was 51 (min). This amendment is in line with international standards,
however the gap between the two parameters has caused logistical difficulties for fuel
producers and suppliers.
Consultation Opportunities
A technical discussion paper detailing possible parameters, limits and test methods for a
proposed B20 standard (a blend of more than 5 per cent but not more than 20 per cent
biodiesel with diesel) was publicly released for a six week consultation period in March 2012.
As the issues around cetane and density for blends under the diesel standard are similar to
those for B20 blends, this consultation will also inform a decision on amendments to these
parameters under the diesel standard. Further consultation with fuel producers, suppliers,
vehicle manufacturers and environmental groups will also be required.
Under the Fuel Quality Standards Act 2000, the Minister must consult with the Fuel Standards
Consultative Committee (FSCC) and have regard to the FSCC's recommendations before
determining a fuel standard or fuel quality information standard. The FSCC will also continue
to be consulted on any potential amendments to the diesel standard.
If amendments are necessary, a Regulation Impact Statement (RIS) may be required.
Expected Timetable
Mid 2012: Further consultation on issues
Late 2012: Decision on whether amendments are required
Early 2013: RIS developed if required (subject to decision that amendments are necessary)
Mid 2013: Minister briefed with draft amendments and RIS for decision
Contact Details
Sandra Chambers
Acting Director, Fuel and Used Oil Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6275 9845
33
Email: sandra.chambers@environment.gov.au
Amendments to the Fuel Standard (Autogas) Determination 2003 under the
Fuel Quality Standards Act 2000
Description of Issues
The Fuel Standard (Autogas) Determination 2003 (Autogas standard) regulates the quality of
liquefied petroleum gas (LPG) supplied in Australia for automotive use.
The Australian Government has a policy position for international harmonisation of standards
for vehicles and fuels with the United Nations Economic Commission for Europe vehicle
emissions standards. As such Australian fuel specifications are generally harmonised with the
corresponding European Directives for market fuel specifications, in this case EN 589.
The proposed amendments will look to harmonise the Australian standard with international
standards and to reduce the sulfur and residue levels in LPG. Amendments are also proposed
for test methods in moisture and odour content to harmonise with EN 589.
Consultation Opportunities
A discussion paper to review the Autogas standard was released for public consultation in
January 2010. A two-month public consultation period was conducted in conjunction with the
release of the discussion paper, including written submissions. Consultation was also held with
key stakeholders including Commonwealth and state and territory government agencies and
further consultation was held in 2011-12 with the LPG industry.
Under the Fuel Quality Standards Act 2000, the Minister must consult with the Fuel Standards
Consultative Committee (FSCC) and have regard to the FSCC's recommendations before
determining a fuel standard or fuel quality information standard. The FSCC was consulted on
the proposed amendments to the LPG Standard.
Expected Timetable
October 2012: Ministerial approval to amend the standard
November 2012: Drafting of amendments by the Office of Legislative Drafting and Publishing
December 2012: Final Ministerial approval
February 2013: Registration on Federal Register of Legislative Instruments
Contact Details
Sandra Chambers
Acting Director, Fuel and Used Oil Policy Section
Department of Sustainability, Environment, Water, Population and Communities
PO BOX 787 CANBERRA ACT 2601
Phone 02 6275 9845
Email: sandra.chambers@environment.gov.au
34
Third independent review of the Product Stewardship (Oil) Act 2000
Description of Issues
The objects of the Product Stewardship (Oil) Act 2000 are:
a) to develop a product stewardship arrangement for used oils; and
b) to ensure the environmentally sustainable management, re-refining and reuse of used
oil; and
c) to support economic recycling options for used oil.
Section 36 of the Act requires that an independent review of the Act be undertaken every four
years.
The review will examine the operation of the Act and related customs and excise legislation
and the extent to which the objects of the Act have been met.
Amendments to the Act and related legislation are a possible outcome of the review.
Consultation Opportunities
The form that the review will take has not yet been determined, but it will include consultation
with stakeholders.
Key stakeholders include oil producers, oil recyclers and local government.
Expected Timetable
The review is expected to begin in late 2012 and be completed in early to mid 2013.
Any regulatory action arising from the review would not occur before 2013-14.
Contact Details
Sandra Chambers
Acting Director, Fuel and Used Oil Policy Section
Department of Sustainability, Environment, Water, Population and Communities
PO BOX 787 CANBERRA ACT 2601
Phone 02 6275 9845
Email: sandra.chambers@environment.gov.au
35
Increases to Refrigeration and Air Conditioning (RAC) industry permit
application fees
Description of Issues
The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995
establish a system by which persons who carry out work in relation to Refrigeration and Air
Conditioning (RAC) equipment must be licensed. There is a cost recovery fee charged to
apply for a licence.
The regulatory change will be a one-off increase to the licence fees in the order of 30 per cent
and the addition of annual indexation of the fee according to the labour price index (LPI). LPI is
considered a more appropriate index than the Consumer Price Index (CPI) because the
majority of administration costs are related to staffing.
As the RAC permit scheme is funded on a cost recovery basis it is important that the increased
costs of administering the scheme are fully recovered.
The permit fees have not increased in 7 years. The one-off increase takes into account
increased costs since the original fee requirement was implemented.
Permit Type
RTA
(2 years)
RTA
(1 year)
Restrict-ed
RTA
(1 year)
RHL
(2 years)
RHL Transitional
(1 year)
RHL Trainee
(1 year)
New
Proposed
Permit Fee
% Increase
from the
current to
the new
proposed
permit fee
% Increase
from the old
to the new
proposed
permit fee
$420
$420
31%
0%
$160
$210
$210
31%
0%
$100
$120
$130
30%
10%
$100
$120
$130
30%
10%
$50
$60
$65
30%
8%
$20
$24
$26
30%
8%
Current
Permit Fee
Old
Proposed
Permit Fee
(consulted
on)
$320
Consultation Opportunities
In late 2009, the department consulted with the RAC industry (via the members of the RAC
Industry Board) on proposed fee increases, which included one-off fee increases and annual
indexation with CPI. The RAC industry was supportive of the proposal at that time.
In March 2010, the Minister approved in principle the proposed fee increases (including the
application of CPI).
36
The proposed fee increases were then reviewed as part of a Cost Recovery Impact Statement
(CRIS) completed late 2011. A further increase to the permit fees to take account of increased
costs since the original fee requirement was calculated in 2009 was proposed. In addition, it is
planned to index the application fee using the LPI instead of CPI.
Expected Timetable
This change is expected to be implemented in the second half of 2012.
Contact Details
Janet Hughes
Director, Border and Domestic Management Section
Department of Sustainability, Environment, Water, Population and Communities
PO BOX 787 CANBERRA ACT 2601
Ph: (02) 6275 1784
Fax: (02) 6274 2875
Email: Janet.Hughes@environment.gov.au
37
Amendments to the Water Efficiency Labelling and Standards Scheme
(Royal Assent of Bill, Regulations and Determination)
Description of Issues
The Water Efficiency Labelling Scheme Amendment (Scheme Enhancements) Bill 2012 is
anticipated to receive Royal Assent in July 2012. Development of a new determination and
regulations to be made under the amended Act will then occur. These will complete the
changes to the Scheme agreed by the Standing Council on Environment and Water in
November 2011.
The Determination will make changes to the registration aspects of the Scheme, such as
changes to the fee model (including increasing the fees) and the registration period, to enable
the scheme to increase its cost recovery ratio, and to make the Scheme more efficient and
cost effective for administrators and registrants. More aspects of the Scheme will be contained
in the determination than was previously the case.
The new regulations are expected to set the amount of infringement notices in addition to
involving minor consequential amendments.
Consultation Opportunities
Substantial consultations were held early in 2012 to assist in determining the content of the
Bill. These consultations included three public forums, meetings with registrants, a consultation
paper and receipt of 119 written submissions. The feedback received will also assist in
designing the new determination.
It is intended that a draft of the new determination will be made available for comment to
stakeholders. It is expected that the determination will take effect in November 2012.
Expected Timetable
The Bill was passed by Parliament on 26 June 2012. Compliance and enforcement aspects of
the Bill will take effect the day after it receives Royal Assent while registration aspects will take
effect by proclamation in November 2012.
The determination is expected to take effect on 2 November 2012, and the regulations are to
take effect as soon as they can be completed.
Contact Details
Angela Gillman
Assistant Director, WELS Policy Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 2450
Email: angela.gillman@environment.gov.au
38
Parks and Reserves
Proclamation of new Commonwealth Marine Reserves
Description of Issues
It is proposed that 40 new Commonwealth Marine Reserves will be declared nationally. These
will combine with existing Commonwealth Marine Reserves to form the Commonwealth
waters’ component of the National Representative System of Marine Protected Areas
(NRSMPA), which includes networks of reserves in the South-west, North-west, North, Southeast and Temperate East marine regions and a reserve in the Coral Sea. The South-east
network of marine reserves was declared in 2007.
The purpose of the NRSMPA is to establish and manage a comprehensive, adequate and
representative system of marine protected areas to contribute to the long term ecological
viability of marine and estuarine systems, to maintain ecological processes and systems, and
to protect Australia’s biological diversity at all levels.
Although the reserves have been designed to minimise impacts on industry and current use,
once they come into effect, the new reserves will result in restrictions to some extractive
activities in particular Reserves.
The 40 new Commonwealth reserves are proposed to be named:
1. Southern Kangaroo Island Commonwealth Marine Reserve
2. Western Kangaroo Island Commonwealth Marine Reserve
3. Western Eyre Commonwealth Marine Reserve
4. Murat Commonwealth Marine Reserve
5. Great Australian Bight Commonwealth Marine Reserve
6. Twilight Commonwealth Marine Reserve
7. Eastern Recherche Commonwealth Marine Reserve
8. South-west Corner Commonwealth Marine Reserve
9. Bremer Commonwealth Marine Reserve
10. Geographe Commonwealth Marine Reserve
11. Perth Canyon Commonwealth Marine Reserve
12. Two Rocks Commonwealth Marine Reserve
13. Jurien Commonwealth Marine Reserve
14. Abrolhos Commonwealth Marine Reserve
15. Shark Bay Commonwealth Marine Reserve
16. Carnarvon Canyon Commonwealth Marine Reserve
17. Gascoyne Commonwealth Marine Reserve
39
18. Montebello Commonwealth Marine Reserve
19. Dampier Commonwealth Marine Reserve
20. Eighty Mile Beach Commonwealth Marine Reserve
21. Roebuck Commonwealth Marine Reserve
22. Argo-Rowley Terrace Commonwealth Marine Reserve
23. Kimberley Commonwealth Marine Reserve
24. Joseph Bonaparte Gulf Commonwealth Marine Reserve
25. Oceanic Shoals Commonwealth Marine Reserve
26. Arafura Commonwealth Marine Reserve
27. Arnhem Commonwealth Marine Reserve
28. Wessel Commonwealth Marine Reserve
29. Limmen Commonwealth Marine Reserve
30. Gulf of Carpentaria Commonwealth Marine Reserve
31. West Cape York Commonwealth Marine Reserve
32. Coral Sea Commonwealth Marine Reserve
33. Gifford Commonwealth Marine Reserve
34. Norfolk Commonwealth Marine Reserve
35. Lord Howe Commonwealth Marine Reserve
36. Central Eastern Commonwealth Marine Reserve
37. Solitary Islands Commonwealth Marine Reserve
38. Cod Grounds Commonwealth Marine Reserve
39. Hunter Commonwealth Marine Reserve
40. Jervis Commonwealth Marine Reserve
It is proposed that seven Commonwealth Marine Reserves will be revoked and will be
subsumed by the new Commonwealth Marine Reserves.
The seven Commonwealth reserves which will be revoked are:
1. Great Australian Bight Marine Park (Commonwealth Waters) (with the area to be
included in the area of the new Great Australian Bight Commonwealth Marine Reserve)
2. Lord Howe Island Marine Park (with the areas to be included in the area of the new
Lord Howe Commonwealth Marine Reserve)
3. Elizabeth and Middleton Reefs Marine National Nature Reserve (with the areas to be
included in the area of the new Lord Howe Commonwealth Marine Reserve)
4. Lihou Reef National Nature Reserve (with the areas to be included in the area of the
new Coral Sea Commonwealth Marine Reserve)
5. Coringa-Herald National Nature Reserve (with the areas to be included in the area of
the new Coral Sea Commonwealth Marine Reserve)
40
6. Solitary Islands Marine Reserve (Commonwealth Waters) (with the area to be included
in the new Solitary Islands Commonwealth Marine Reserve)
7. Cod Grounds Commonwealth Marine Reserve (with the area to be included in the area
of the new Cod Grounds Commonwealth Marine Reserve)
It is proposed that one Conservation Zone (the Coral Sea Conservation Zone) will be revoked
and will be subsumed by the new Coral Sea Commonwealth Marine Reserve.
The Proclamation instruments and revocation instruments are in accordance with the
Environment Protection and Biodiversity Conservation Act 1999.
Consultation Opportunities
A notice has been published in the Australian Government Gazette (on 11 July 2012), on the
department’s website and in the national press, seeking comments from stakeholders and the
public towards the Proclamation of the proposed Commonwealth Marine Reserves. Public
comments are invited for the statutory 60 day period.
Information on the proposed Commonwealth reserves, including the Regulation Impact
Statement (RIS), is available on the department’s website, with limited hard copies available.
The department undertook previous public and stakeholder consultation on the draft marine
reserves network proposals for the five regions between May 2011 and February 2012. This
included a formal 90 day consultation period on draft reserve proposals in each region. Issues
raised during these consultations have been considered by the Australian Government in
finalising the Commonwealth marine reserves network proposal.
Expected Timetable
It is expected that the Reserves will be declared in late 2012.
Contact Details
Rowan Wylie
Director, Commonwealth Marine Reserve Proclamations
Department of Sustainability, Environment, Water, Population and Communities
203 Channel Highway Kingston TAS 7050
Phone: (03) 6208 2930
Email: marinereserves@environment.gov.au
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Management Plans for Commonwealth Reserves
Description of Issues
The department is currently developing management plans for the following Commonwealth
reserves:

Booderee National Park;

Christmas Island National Park;

Pulu Keeling National Park; and

Kakadu National Park.
Management plans describe how Commonwealth reserves will be managed for a 10 year
period, which may include natural and cultural heritage management, visitor management and
approved commercial activities in the reserve. The plans may continue the restrictions and
allowances described in the previous management plans for each location and take into
account new developments in management techniques, research undertaken, changes in the
environment and social factors. The plans must apply the requirements of the Environment
Protection and Biodiversity Conservation Act 1999 (EPBC Act) and associated regulations.
Consultation Opportunities
In accordance with the requirements of the EPBC Act, a notice is published in the Australian
Government Gazette, local press, a nationally circulated newspaper and on the department’s
website, seeking comments from stakeholders and the public towards the creation of the draft
plans (a “have your say” process). Consultation meetings are held with relevant stakeholders
where appropriate.
Once the draft plan is approved for release, a notice is then published in the Australian
Government Gazette, local press, a nationally circulated newspaper and the department’s
website, inviting comments on the draft plan from stakeholders and the public. In each case
the public comment period is open for at least 30 days.
Draft plans are made available on the internet and in hard copy, and comments from the public
and stakeholders are considered when finalising each plan.
Expected Timetable
The plans normally take approximately 24 months to develop and have the following steps
(outlined below for each plan).
Booderee National Park Management Plan
1. Notice seeking comments to create a draft plan were published in October 2008. The
public comment period closed in November 2008.
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2. The draft Booderee National Park Management Plan was released for public comment
on 4 May 2011. The Management Plan is not expected to have a significant impact on
visitor activities in the park or a significant financial impact on business or individuals.
3. Public notice seeking comments on the draft plan was placed in the Gazette, press and
internet once the draft plan was approved for release. The comment period closed on 2
August 2011.
4. The final plan is expected to be published in early 2013.
Christmas Island National Park Management Plan
1. Notice seeking comments to create a draft plan were published in December 2007.
Comments closed in February 2008.
2. The draft Christmas Island National Park Management Plan was released for public
comment on 28 March 2012. The Management Plan is not expected to have a
significant impact on visitor activities in the park or a significant financial impact on
business or individuals.
3. Public notice seeking comments on the draft plan was placed in the Gazette, press and
internet once the draft plan was approved for release. The comment period closed on
11 May 2012.
4. The final plan is expected to be published in late 2012.
Pulu Keeling National Park Management Plan
1. Notice seeking comments to create a draft plan were published in November 2009.
Comments closed in February 2010.
2. The draft Pulu Keeling National Park Management Plan is expected to be released for
public comment in late 2012. The Management Plan is not expected to have a
significant impact on visitor activities in the park or a significant financial impact on
business or individuals.
3. Public notice seeking comments on the draft plan will be placed in the Gazette, press
and internet once the draft plan is approved for release. The comment period will be
open for 30 days (minimum).
4. The final plan is expected to be published by mid 2013.
Kakadu National Park Management Plan
1. Notice seeking comments to create a draft plan was published on 29 February 2012.
Comments closed on 13 April 2012.
2. The draft Kakadu National Park Management Plan is expected to be released for public
comment in 2013. The Management Plan is not expected to have a significant impact
on visitor activities in the park or a significant financial impact on business or
individuals.
3. Public notice seeking comments on the draft plan will be placed in the Gazette, press
and internet once the draft plan is approved for release. The comment period will be
open for 30 days (minimum).
4. The final plan is expected to be published in 2014.
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Contact Details
Booderee National Park
Mr Scott Suridge
Park Manager, Booderee National Park
Village Road JERVIS BAY NSW 2540
Ph: (02) 4442 2207
Fax: (02) 4442 1036
Email: martin.fortescue@environment.gov.au
Christmas Island National Park & Pulu Keeling National Park
Mr Mike Misso
Park Manager, Christmas Island National Park
PO Box 867 CHRISTMAS ISLAND INDIAN OCEAN 6798
Ph: (08) 9164 8055
Fax: (08) 9164 8755
Email: mike.misso@environment.gov.au
Kakadu National Park
Ms Sarah Kerin
Park Manager, Kakadu National Park
PO Box 71 JABIRU NT 0886
Phone: (08) 89381199
Fax: (08) 8938 1115
Email: sarah.kerin@environment.gov.au
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Incorporation of the Koongarra Project Area into Kakadu National Park
Description of Issues
Koongarra is a small area (1228 hectares) that lies within, but is not part of Kakadu National
Park. The Proclamation of Kakadu is to be amended, by a further Proclamation under the
Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), to declare
Koongarra part of Kakadu. Once declared the area will be managed as part of the park in
accordance with the Act.
Consultation Opportunities
Incorporation of Koongarra was a commitment of the government during the 2010 election.
AREVA, the holder of mining applications over the area was consulted before the government
made its decision.
Usual pre Proclamation processes under the EPBC Act do not apply to declaration of areas
lying within the Kakadu region.
The process does not require a regulation impact statement (exemption has been given).
Expected Timetable
The Australian Government is committed to completing incorporation as soon as possible,
subject to completion of statutory processes. It is anticipated this should occur in 2012/2013.
Contact Details
Paul Minogue
Director, Legal & Governance
Parks Australia
Phone: 02 6274 2356
Fax: 02 6274 2309
Email: parkslegal@environment.gov.au
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Water
Amendment regulations to implement Murray-Darling Basin Plan
transitional arrangements and improve the operational effectiveness of the
Water Act 2007
Description of Issues
Implementing Murray-Darling Basin Plan transitional arrangements
The Water Act 2007 (Water Act) provides that regulations may be made to recognise existing
Murray-Darling Basin State arrangements to facilitate the transition to the Murray-Darling
Basin Plan, currently under development.
Amendment regulations are proposed to prescribe a number of Victorian salinity water
resource plans as Transitional Water Resource Plans (TWRPs). Under section 241 of the
Water Act, a water resources plan can be prescribed as a TWRP. Under section 245 of the
Water Act, a TWRP will prevail over the Basin Plan to the extent of any inconsistency.
Amendment regulations are also proposed to enable the recognition of the Queensland risk
assignment regime as having applied the risk assignment framework as set out in section
74A(1) of the Water Act.
Clarifying the definition of ‘water resources’
The definition of the Murray Darling Basin water resources under the Water Act allows for
water resources within, or beneath the Murray-Darling Basin to be excluded.
The original boundary for water resources, informing the definition, was established on the
basis of surface water resources. As such the boundaries for groundwater resources in
Victoria and South Australia were not necessarily considered in the boundary establishment
process. It is predominately the exclusion of groundwater that is being considered.
Amendment regulations are proposed to exclude Murray-Darling Basin water resources under
the Water Act to align boundaries consistent with the Victorian and South Australian definition.
Excluding these Victorian and South Australian water resources will not impact on
management of the Murray-Darling Basin to meet the objects of the Water Act.
Addressing gaps in water information provided to the Bureau of Meteorology
The amendment will require organisations to give water information to the Bureau of
Meteorology (BoM) in a prescribed format. The requirement will take effect in a staged
process.
The first tranche of agencies required to use a prescribed format will be regulation Category A
persons – Lead Water Agencies, currently comprising 10 agencies. This will be followed at 6
monthly intervals by Category C (six Hydroelectricity Generators); Category B (21 other state
agencies); and Category E (13 rural water utilities).
The amendment will also require certain organisations to provide water information for the
National Groundwater Information System and the Australian Hydrological Geospatial Fabric
(Geofabric).
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Consultation Opportunities
The department has been consulting, and will continue to consult, with relevant stakeholders
including states and territories, water and catchment management authorities, environmental
and irrigation groups on the development of these amendments as relevant. This consultation
will continue to occur in 2012 as the amendment regulations are developed.
In relation to addressing gaps in water information, the BoM has consulted with the States and
Territories through the forum of the Jurisdictional Reference Group on Water Information
(JRGWI). It will undertake follow-up, targetted communications with those impacted by the
changes (eight Lead Water Agencies) when the amendment takes effect.
Expected Timetable
Most of proposed amendments are nearing completion. If the Minister determines to make
these amendments, it is likely these amendments will be made in 2012.
In relation to the proposed changes to the Bureau of Meteorology’s information gathering
powers these amendments are expected to be made in summer 2012/13.
Contact Details
Tony Bigwood
Director, Water Regulation Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 2730
Email: tony.bigwood@environment.gov.au
47
Clarification and expansion of the range of enforceable undertakings under
the Water Act 2007
Description of Issues
Section 163 of the Water Act 2007 (Water Act) provides for enforcement agencies to accept
court enforceable undertakings. However, there is some uncertainty and lack of clarity on the
scope of the undertakings, which the amendment regulation under section 163 of the Water
Act is designed to address.
The proposed amendment regulation would clarify the existing law and expand the current
range of enforceable undertakings that can be accepted by enforcement agencies under the
Water Act.
Consultation Opportunities
Stakeholder consultation will be undertaken on the proposed amendment regulation. An
information document will be provided to explain the nature and purpose of the draft
amendment regulation.
Information pertaining to the amendment regulation will be placed on the department’s website
and advertised in appropriate print media, and a letter will be sent to key stakeholders seeking
comments on the draft amendment regulation.
The Office of Best Practice Regulation has assessed the proposed amendment regulation and
has deemed that a Regulatory Impact Statement is not necessary.
Expected Timetable
Consultation on the draft amendment regulation is expected to commence in August 2012.
It is expected that the amendment regulation will be made in late 2012.
Contact Details
Christopher Biesaga
Director, Water Market Section
Department of Sustainability, Environment, Water, Population and Communities
Phone: (02) 6274 1420
Mobile: 0467 746 585
Email: christopher.biesaga@environment.gov.au
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Amendments to the Water Market Rules 2009 and Water Charge
(Termination Fees) Rules 2009
Description of Issues
Some technical issues have arisen in the implementation of the Water Market Rules 2009 and
the Water Charge (Termination Fees) Rules 2009. The former Minister for Climate Change,
Energy Efficiency and Water, Senator the Hon Penny Wong, asked the Australian Competition
and Consumer Commission (ACCC) for advice on a number of possible amendments to the
rules to address these technical issues. The ACCC provided its final advice in March 2010.
The purpose of these rule amendments is to address these technical issues and clarify some
requirements to ensure that the rules operate as originally intended.
Consultation Opportunities
The ACCC provided its final advice on a number of possible amendments to the Water Market
Rules 2009 and the Water Charge (Termination Fees) Rules 2009 to the former Minister in
March 2010. In developing its advice, the ACCC engaged in consultation with stakeholders.
The ACCC received seven written submissions in response to notices announcing the
Minister’s request for advice on proposed amendments in October 2009. The ACCC received
ten submissions in response to draft advice and draft amendments which were released in
December 2009.
The department also undertook targeted consultation with stakeholders in May and June 2010,
and again in December 2011 and January 2012.
Expected Timetable
A public notice will be issued in July 2012 announcing that the Minister proposes to amend the
Water Market Rules 2009 and the Water Charge (Termination Fees) Rules 2009. The public
notice will be placed:
1. on the department’s website;
2. in a nationally circulating newspaper; and
3. for each Basin State, in a newspaper with an agribusiness focus circulating in the Basin
State.
The Minister can make the amendments four weeks after the public notice has been issued. It
is expected that the amendments will be made in October 2012.
Contact Details
Christopher Biesaga
Director, Water Market Section
Department of Sustainability, Environment, Water, Population and Communities
Phone: (02) 6274 1420
49
Mobile: 0467 746 585
Email: christopher.biesaga@environment.gov.au
Examination of options to address stakeholder concerns about the
conduct of water market intermediaries
Description of Issues
Stakeholders have expressed concerns about the conduct of water market intermediaries. The
Australian Competition and Consumer Commission (ACCC) has identified potential gaps in the
regulation of water market intermediaries and suggested that governments consider policy
responses to address these gaps.
The department, along with state and territory governments is currently examining options to
address these concerns through COAG processes.
Consultation Opportunities
The ACCC provided advice on stakeholder concerns in its report Water market intermediaries:
industry developments and practices. In developing the advice the ACCC engaged in
consultation with stakeholders. The National Water Commission also undertook consultation
on issues with water market intermediaries that were discussed in its report Strengthening
Australia’s Water Markets 2011.
The department also undertook targeted consultation with stakeholders in April and May of
2011.
The department, along with state and territory governments will develop a Council of
Australian Governments (COAG) Regulation Impact Statement (RIS) as part of its
consideration of options to address stakeholder concerns. The RIS process will include
consultation with stakeholders.
Expected Timetable
The department, along with states and territories, is expected to complete the COAG RIS in
the second half of 2012 with agreed measures resulting from the RIS to be implemented in
2013.
Contact Details
Christopher Biesaga
Director, Water Market Section
Water Policy Branch
Department of Sustainability, Environment, Water, Population and Communities
Phone: (02) 6274 1420
Mobile: 0467 746 585
Email: christopher.biesaga@environment.gov.au
50
Murray-Darling Basin Plan
Description of Issues
The Water Act 2007 (Water Act) requires the making of the Murray-Darling Basin Plan (Basin
Plan) to guide the integrated and sustainable management of Murray-Darling Basin (Basin)
water resources.
The Basin Plan will identify, and seek to protect and restore key environmental assets within
the Basin and take into account the impact of this protection and restoration on communities,
industries and the broader economy.
The Basin Plan will include, as required under the Water Act:

limits on the amount of water (both surface water and groundwater) that can be taken
sustainably from Basin water resources;

identification of risks to Basin water resources, and strategies to manage those risks;

the requirements for state water resource plans in order for them to be accredited or
adopted under the Water Act;

an environmental watering plan;

a water quality and salinity management plan;

rules regarding trading of water rights in Basin water resources;

a compliance method; and

a monitoring and evaluation program.
The Basin Plan is prepared by the Murray-Darling Basin Authority (MDBA) and will be made
by the Minister for Sustainability, Environment, Water, Population and Communities for
consideration.
Consultation Opportunities
The MDBA has been working closely with communities, community leaders, state
governments and peak groups over the past year in preparing the draft Basin Plan. A 20 week
public consultation period on the proposed Basin Plan occurred from November 2011 to April
2012. The Authority has considered submissions received and has prepared a report titled
Proposed Basin Plan consultation report which summarises the submissions, how they have
been addressed, and alterations made as a result.
Following this public consultation, and in accordance with the Water Act, the revised proposed
Basin Plan was provided to the Murray-Darling Basin Ministerial Council in May 2012 for
comment. The Council submitted its comments to the MDBA on 9 July 2012.
Expected Timetable
After the views of the Ministerial Council have been considered by the Authority, Council
members may make further comment on the Plan. The Authority will then provide its final
51
Basin Plan to the Minister for Sustainability, Environment, Water, Population and Communities
for consideration. The Basin Plan will then be finalised.
Contact Details
Tim Fisher
Assistant Secretary, Murray-Darling Basin Reform Branch
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 1557
Email: Tim.Fisher@environment.gov.au
52
Review of the Murray-Darling Basin Agreement (Schedule 1 to the Water
Act 2007)
Description of Issues
Clause 142 of the Murray-Darling Basin Agreement (MDB Agreement) requires the MurrayDarling Basin Authority (MDBA) to review the MDB Agreement within 12 months of the
Murray-Darling Basin Plan (Basin Plan) first taking effect.
Subsequent to the Review, the Authority may recommend to the Murray-Darling Basin
Ministerial Council any recommendations it thinks necessary or desirable.
Consultation Opportunities
Clause 142 of the MDB Agreement requires that the Authority consult with the Murray-Darling
Basin Officials Committee when carrying out a review under this clause.
Expected Timetable
The Minister for Sustainability, Environment, Water Population and Communities is expected
to adopt the Basin Plan in September 2012. The Authority may begin the clause 142 review of
the MDB Agreement during 2012-13.
Contact Details
Tim Fisher
Assistant Secretary, Murray-Darling Basin Reform Branch
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 1557
Email: Tim.Fisher@environment.gov.au
53
Amendments to the Murray-Darling Basin Agreement (Schedule 1 to the
Water Act 2007) and Water Regulations 2008
Description of Issues
The intent of any amendments to the Murray-Darling Basin Agreement (MDB Agreement) is
to improve the management of water resources in the Murray-Darling Basin (Basin) and in
particular, the shared water resources of the River Murray System.
The governments of the Basin, through the Basin Officials Committee initiated a review of the
MDB Agreement in April 2010. An inter-jurisdictional taskforce has been established to
undertake this review, chaired by the Australian Government (Taskforce). A number of issues
with the MDB Agreement, including codification of River Murray operational rules and
problems and anomalies with environmental asset management and water accounting
arrangements have been identified to date. Options for addressing these issues are being
considered by the Taskforce with mechanisms to improve and amend the MDB Agreement to
be identified.
In addition, minor and administrative amendments, which do not change the intent of the MDB
Agreement but address previous drafting errors and omissions and provide points of
clarification, are also planned.
Consultation Opportunities
The following consultation opportunities will be provided:
As an inter-jurisdictional entity, the Taskforce develops and executes projects to investigate
possible amendments to the MDB Agreement via a consensus mechanism. Basin
Governments are expected to consult with their key stakeholders on any proposed
amendments and recommendations from the Taskforce for amendments to the MDB
Agreement will be considered by the Basin Officials Committee before agreed amendments
are presented to the Murray-Darling Basin Ministerial Council for approval.
Basin States and the MDBA will be consulted in the preparation of amendments to the MDB
Agreement in accordance with the provisions of the MDB Agreement.
Expected Timetable
The proposed amendments are in various stages of development with detailed timeframes yet
to be determined.
The Review of the MDB Agreement is in the preliminary stages of identifying key issues and
possible matters for amendment. The Taskforce is currently due to complete its work program
by 30 June 2013. Amendments to the MDB Agreement are unlikely to be considered before
the completion of the review.
Contact Details
Tim Fisher
54
Assistant Secretary, Murray-Darling Basin Reform Branch
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 1557
Email: Tim.Fisher@environment.gov.au
55
Operating rules relating to the Commonwealth Environmental Water Holder
(CEWH) purchasing, disposing of or otherwise dealing in water and water
access rights
Description of Issues
The Water Act 2007 (Water Act) allows the Commonwealth Environmental Water Holder
(CEWH) to exercise any powers of the Commonwealth to purchase, dispose of and otherwise
deal in water and water access rights, water delivery rights or irrigation rights. The Water Act
also establishes the CEWH’s ability to enter into contracts or options contracts. These clauses
establish water trading as part of the CEWH’s management functions.
The CEWH may only dispose of seasonal allocations and/or entitlements if:

these are not required to meet environmental objectives in a given water accounting
period and cannot be carried over to the next accounting period (section 106(1)); or

the proceeds of the disposal are used to purchase other seasonal allocations and/or
entitlements that improve the capacity of the holdings to meet environmental objectives
(section 106(2)).
The Water Act provides for the Minister to make operating rules relating to the CEWH
purchasing, disposing of or otherwise dealing in water and water access rights (section 109).
These operating rules may also relate to the making of contracts, including options contracts.
In making operating rules, the Minister cannot impose obligations on anyone other than the
CEWH or override or limit the operation of a state law. As the Revised Explanatory
Memorandum to the Water Act makes clear the operating rules are to establish the general
framework within which the CEWH operates, rather than providing specific direction on
individual entitlements or contracts.
Consultation Opportunities
A discussion paper on trade of Commonwealth environmental water was released for
consultation over the period November 2011 to May 2012. Through this process, stakeholders
were presented with the opportunity to provide input on possible inclusions within the operating
rules.
Further consultation with stakeholders is anticipated as the operating rules are developed. This
consultation may involve:

further discussion of possible inclusions via a position paper on Commonwealth water
trading (expected to be released around September 2012); and/or

requesting written feedback following exposure of draft operating rules. Timing of this
has not yet been determined but would likely be in early 2013.
Expected Timetable
Timing has not yet been determined but the operating rules are unlikely to be enacted prior to
mid-2013.
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Contact Details
Jessica Hartmann
Director, Portfolio Management Section
Commonwealth Environmental Water Office
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Phone: (02) 6274 1197
Fax: (02) 6274 2823
Email: Jessica.Hartmann@environment.gov.au
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