Environment and Sustainable Development 5 Minute Fix 45: GHGs in health system, sea dumping, agritourism

Climate change

Commonwealth: Government delivers second annual climate change statement

The Commonwealth Minister for Climate Change and Energy, Chris Bowen, tabled the Government's second Annual Climate Change Statement in Parliament on 30 November 2023. The Statement is a requirement under the Climate Change Act 2022 (Cth) and is informed by the Climate Change Authority's independent advice. Key aspects of the Statement include:

• Setting Australia up for a net zero future – how Government is setting Australia up to take advantage of opportunities, including for regions, jobs and skills, from the global net zero transformation.
• Reducing emissions across all sectors – identifies action across all sectors to reduce emissions, starting with electricity before moving onto other sectors.
• Cross-cutting issues (waste, carbon storage, carbon credits etc.) – cross‑cutting issues, including reform of Australian Carbon Credit Units and managing waste and the circular economy.
• Tracking towards emissions reduction targets – sets out Australia’s 2023 emissions projections.
• State and Territory action on climate – discussion of policy, climate commitments and progress to date from State and Territory Governments.
• Adapting to climate change – describes the impacts of climate change and how we are adapting.
• National security – National security and the challenges climate change present to it.
• International developments – international developments through the year.

The Statement also contains the Government’s response to the Climate Change Authority’s 42 recommendations. The Government has accepted 39 of those 42 recommendations.

Commonwealth: Priorities to reduce GHGs in health system

On 3 December 2023 the Commonwealth Government released Australia's first National Health and Climate Strategy. The Strategy identifies the Governments priorities over the next five years to address the impacts of climate change on the health and wellbeing impacts of Australia. The whole-of-government plan set out in the Strategy has four key objectives:

VIC: Victoria introduces Bill in aim to achieve net zero by 2045

Victorian Minister for Climate Action Lily D'Ambrosio has introduced the Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Bill 2023. If passed, the Bill will:

• legislate an updated net zero target which brings forward the date for Victoria to achieve net zero emissions from 2050 to 2045;
• update the name of the Climate Change Act 2017 to the Climate Action Act; and
• set several interim reduction targets: 28-33% below 2005 levels by 2025; 45–50% below 2005 levels by 2030; and 75-80% below 2005 levels by 2035.

Other key components of the Bill include amending the Renewable Energy (Jobs and Investment) Act 2017 to include more ambitious targets, increasing targets for energy storage and offshore wind power, and incorporating Victoria’s climate change goals into the objectives of the planning framework established under the Planning and Environment Act 1987. This means that decision-makers, such as municipal councils and state planning authorities, would need to expressly consider climate change when preparing or amending planning schemes.

WA: Bill for carbon capture and storage introduced

On 29 November 2023, the WA Government introduced the Petroleum Legislation Amendment Bill 2023 into Parliament. The Bill proposes to enable the transport and storage of greenhouse gases in Western Australia, which aligns with the WA Government's broader climate change policy and emission targets. The Bill will also permit the exploration and production of prescribed regulated substances, such as naturally occurring hydrogen. If the Bill is passed, it is understood that a secondary suite of legislative amendments will be rolled out by the Government to implement the framework for greenhouse gas storage and transport, and regulated substances, as well as all supporting guidelines.

WA: Climate Change Bill introduced to assist with greenhouse gas targets

On 30 November 2023, the WA Government introduced the Climate Change Bill 2023 into the Legislative Assembly. The aim of the Bill is to:

• support the reduction of greenhouse gas emissions attributable to Western Australia;
• provide for Western Australia’s greenhouse gas emissions reduction targets (being net zero emissions by 2050);
• provide for an emissions reduction strategy, a climate adaptation strategy and sector adaptation plans; and
• provide for annual reporting to the Parliament.

The WA Government has released an explanatory paper for stakeholders outlining the reform and key provisions of the Bill.

Waste

Commonwealth: Climate change sea dumping for carbon dioxide

The Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2022, which was introduced on 22 June 2023, was passed on 13 November 2023. The amending Act received assent on 27 November 2023 and will (once ratification steps are taken by the Government) amend the Environment Protection (Sea Dumping) Act 1981 to give effect to Australia’s international obligations under 2009 and 2013 amendments to the London Protocol.

The Minister for the Environment will then be able to:

• issue an export permit for a controlled material, being a carbon dioxide stream from carbon dioxide capture processes for sequestration into a sub-seabed geological formation, in specified circumstances; and
• issue a permit for the placement of wastes or other matter for a marine geoengineering activity as permitted by the London Protocol (currently, ocean fertilisation for legitimate scientific research). It would also make a range of consequential and technical amendments, including to offence and enforcement provisions.

Resources

NT: Passing of environmental mining reforms

On 28 November reforms to the Northern Territory's environmental regulations regarding mining activities passed through The Territory Parliament including the Environment Protection Legislation Amendment Act 2023 and Legacy Mines Remediation Act 2023.

The Environment Protection Legislation Amendment Act 2023 introduced a new legislative framework to manage environmental impacts that are connected to mining activities. This framework includes the introduction of:

• a three-tier mining licensing scheme for managing the environmental impacts of mining activities;
• an extension of current enforcement and compliance powers under the Environment Protection Act 2019 to ensure application of powers to mining activities; and
• the consolidation of different environmental and regulatory approvals under one comprehensive mining licence.

The amendments relating to mining activities and the environmental approval processes are set to commence on a day fixed by the Administrator via Gazette notice, or otherwise by 16 October 2025.

The Legacy Mines Remediation Act 2023 introduced a framework to support the Territory Government's commitment to continue the Mining Remediation Fund and the requirement for a mining remediation levy to be paid by mining operators. This Act is set to commence on a date fixed by the Administrator via Gazette notice; and otherwise, will commence on 16 October 2025.

We previously considered the Bills in our ESD 5 Minute Fix 42 and ESD 5 Minute Fix 44.

Planning

NSW: New legislation for agritourism

The Environmental Planning and Assessment Legislation Amendment (Agritourism) Bill 2023, a private member's bill, was introduced into the NSW Parliament. The objects of the Bill are to:

• reverse certain changes made by the Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022;
• introduce a new proposed land use, Agritourism premises, and set out the development standards that will apply to the proposed use; and
• to make consequential amendments to certain environmental planning instruments, such as the State Environmental Planning Policies, including the Exempt and Complying Development Codes, Housing, Primary Production and Precincts-Regional.

ACT: New planning framework now in effect

On 27 November 2023, the Planning and Development Act 2007 was repealed by the Planning Act 2023 and the Territory Plan 2008 was replaced by the Territory Plan 2023. The Planning Act is the foundation of the ACT's reformed planning system aimed at providing fundamental improvements to elements of the planning system and how it works, while keeping many existing processes and features that remain effective and are essential components of the planning system.

A detailed analysis of the framework under the new Act and Territory Plan was provided in our previous Insights.

QLD: Updates to vegetation management framework and mapping

Vegetation management framework

Following the 10-year sunset review of the Vegetation Management Regulation 2012, minor amendments were made, and on 22 November 2023 the new Vegetation Management Regulation 2023 commenced. As part of this review, updates to the following accepted development vegetation clearing codes were also made and came into effect on 22 November 2023:

• Managing encroachment
• Clearing for an extractive industry
• Managing fodder harvesting
• Clearing to improve agricultural efficiency
• Managing regulated regrowth vegetation
• Necessary environmental clearing
• Clearing for infrastructure
• Managing weeds

A summary of changes made to the codes can be found here.

It is important to note, that any clearing off tenure from 22 November 2023 must be undertaken in accordance with the new codes unless exempt or otherwise authorised under a developmental approval. Existing notifications under the codes will remain valid and re-notification to the Department will not be required.

Vegetation mapping

With the vegetation management framework updates also comes the release of the Vegetation Management Regional Ecosystem Description Database which is an online database that lists and provides relevant information about regional ecosystems and their class.

Each year the vegetation management mapping is also updated with the most recent Queensland Herbarium scientific data. New maps have now been released to include updates to the regulated vegetation management map, regional ecosystems, essential habitat, high value regrowth mapping, wetlands and watercourses and drainage features. It is understood that this updated mapping incorporates Property Map of Assessable Vegetation applications (PMAVs) certified up until October 2023.

Environmental protection

WA: Independent review sheds light on WA's environmental approvals regime

Former Environmental Protection Authority chair Dr Paul Vogel and planning expert David McFerran conducted an independent review of WA's environmental approval processes and procedures. The Vogel-McFerran Review made 39 recommendations, all of which have been accepted or noted, which are aimed at reducing inefficiencies in the approvals process framework and WA Government departments and agencies involved in the administration of environmental approvals. Some of the key recommendations include:

• Amending section 41(3) of the Environmental Protection Act 1986 (EP Act) to allow other Decision-Making Authorities to issue their own approvals in parallel with the EPA’s assessment and Ministerial decision-making, while still preventing proposal implementation.
• Reviewing how the "social surroundings" definition in the EP Act (including subsection 2) interacts with other relevant pieces of legislation so as deliver holistic consideration of potential impacts to Aboriginal cultural values from proposed development and their protection.
• Establishing in the Office of the Environmental Protection Authority, an administrative function for "Approvals Delivery and Scheduling" across all assessment and approvals for Part IV of the EP Act to effectively case manage proposals.
• Department of Water and Environmental Regulation and Department of Planning, Lands and Heritage with the support of experienced industry practitioners to urgently take steps including regulatory changes as required, to reduce the referral of schemes and scheme amendments to the EPA under section 48A of the EP Act using significance criteria for environmental complexity.