Environment and Sustainable Development 5 Minute Fix 44: national sustainable finance strategy, petroleum and geothermal decommissioning

Energy

WA: Shaping WA's Battery and Critical Minerals Strategy – have your say

The Department of Jobs, Tourism, Science and Innovation is seeking to update its Battery and Critical Minerals Strategy and is now requesting feedback from stakeholders on how Western Australia can position itself to attract investment and maximise value from the sector. As part of this, the Department has released a stakeholder consultation paper, which outlines some key considerations for the updated Strategy, including:

• Industrial land and service infrastructure.
• Research and development.
• Access to capital funds and financial incentives.
• Investment attraction and partnerships.
• Mining and exploration.
• Skilled workforce.
• Social licence to operate, approvals and First Nations.

Submissions can be made until 5.00pm Monday, 4 December 2023.

Resources

QLD: Consultation on proposed reforms to regional planning interests legislation: have your say

The Department of State Development, Infrastructure, Local Government and Planning has released a discussion paper which outlines proposed amendments to the Regional Planning Interests Act 2014 (RPI Act) and Regional Planning Interests Regulation 2014 aimed at implementing recommendations from the GasFields Commission Queensland Review of Regional Planning Interests Act 2014 Assessment Process Report and improving the overall transparency, clarity and usability of the RPI Act. Submissions on the discussion paper can be made until Friday, 8 December 2023.

The proposed reforms can be summarised as:

QLD: CSG subsidence management reforms: have your say

Building upon the Queensland Government’s response to the GasFields Commission Queensland’s (GFCQ) review into coal seam gas-induced subsidence, the Department of Resources has released the Coexistence institutions and CSG-induced subsidence management framework consultation paper which proposes reforms for the sustainable coexistence of landholders, rural and regional communities, and the resources and energy sectors. Submissions on the consultation paper can be made until Friday, 8 December 2023.

There are two parts to the proposed reforms:

NT: Significant reforms for mining activities introduced

Following consultation between August and September this year, on 25 October 2023 the Territory Government introduced the following bills into the Northern Territory Parliament:

• Environment Protection Legislation Amendment Bill 2023 (previously referred to as the Environment Protection Legislation Amendment (Mining) Bill 2023) – to introduce a new legislative framework for managing the environmental impacts associated with mining activities and to make other improvements Environment Protection Act 2019 (EP Act), Environment Protection Regulations 2020 (EP Regulations), and Environment Protection Legislation Amendment (Chain of Responsibility) Act 2022 (Chain of Responsibility Act); and
• Legacy Mines Remediation Bill 2023 – to improve the framework for managing legacy mines and repeal the Mining Management Act 2001.

We provided a brief snapshot of the consultation draft bills in our ESD 5 Minute Fix 42.

The significant aspects of the Environment Protection Legislation Amendment Bill is to:

• amend the Environment Protection Act 2019 (EP Act) and the Environment Protection Regulations 2020 along with the Minerals Title Act 2010 to introduce substantial reforms to how the Territory manages the environmental impacts of mining activities, including a new environmental mining framework to establish a new, three tier, licensing system to manage mining activities, underpinned by general environmental duties. Under this new framework, there is a requirement for any mining activity that causes a substantial disturbance to hold an environmental mining licence for the purpose of preventing, minimising and monitoring the environmental impacts of a mining activity. The environmental mining licence will replace the need for authorisation under the Minerals Title Act 2010; and
• amend the Environment Protection Legislation Amendment (Chain of Responsibility) Act 2022 and regulations to implement recommendations of the Scientific Inquiry into Hydraulic Fracturing in the Northern Territory so that the Petroleum Act 1984 is prescribed for the purposes of the Chain of Responsibility Scheme and the Northern Territory Environmental Offsets Framework.

In conjunction with this, the Legacy Mines Remediation Bill 2023 will provide for the continuation of the Mining Remediation Fund, continue the requirement for a mining remediation levy to be paid by mining operators, and to provide the regulatory environment for the remediation and administration of legacy mines and legacy mine features.

Given the significant nature of these reforms, this is definitely something the mining industry should be across. Commencement of the substantive reforms will be on a date fixed by the Administrator by Gazette notice, but no later than 16 October 2025.

WA: Draft policy and guidance on best-practice petroleum and geothermal decommissioning released for consultation

The Department of Mines, Industry Regulation and Safety is seeking feedback from stakeholders on a Draft Policy and Draft Guidelines for the decommissioning of petroleum and geothermal energy property, equipment and infrastructure in Western Australia onshore areas and State coastal areas.

The Draft Policy and Draft Guidelines were prepared following industry feedback received from the Draft Decommissioning Discussion Paper released for consultation in September 2022 and once finalised will have the following purpose:

Draft Policy – outlines the Department of Mines, Industry Regulation and Safety’s position (and articulates its expectations) for the decommissioning of onshore petroleum and geothermal energy property, equipment and infrastructure pursuant to the Petroleum and Geothermal Energy Resources Act 1967 and Petroleum Pipelines Act 1969 and decommissioning in State coastal waters pursuant to the Petroleum (Submerged Lands) Act 1982.

Draft Guideline – to provide guidance to operators and registered holders in Western Australia in how to address the Department of Mines, Industry Regulation and Safety’s expectations for the decommissioning and rehabilitation obligations with respect to their operations, and any equipment, infrastructure, facilities, wells and pipelines.

Submissions can be made until 5pm Monday, 4 December 2023.

Planning

WA: Government set to reform planning and development legislation

On 18 October 2023, the WA Government introduced the Planning and Development Amendment Bill 2023 into the Legislative Assembly. The key reforms proposed by the Bill include:

• The creation of a new permanent significant development pathway and supporting amendments to support its implementation including changes to ensure strategic planning and State policy framework stays contemporary and is achieving intended outcomes.
• Changes to local government decision making on single house developments.
• Reform of the Western Australian Planning Commission.
• Various reforms to streamline and simplify existing planning processes.

The proposed changes are aimed at improving efficiencies in planning processes and decision making to assist with the delivery of housing and other critical infrastructure, reduce unnecessary red tape and further streamline and coordinate planning processes.

The Bill will be supported by a suite of subordinate legislation and guidance material.

Environmental protection

ACT: Government's major move to legislate the right to a healthy environment

The ACT Government is taking a significant step towards upholding human rights with the introduction of the Human Rights (Healthy Environment) Amendment Bill 2023. The Bill seeks to enshrine the right to a healthy environment in the ACT's Human Rights Act, making it the first of its kind in Australia to provide explicit legal recognition for a clean, healthy, and sustainable environment. This development is especially crucial given the intertwined threats of climate change, environmental pollution, and biodiversity loss. It mirrors the global consensus on the critical need for environmental safeguards for both present and future generations.

The right to a healthy environment encompasses various essential elements, including access to clean air, a stable climate, safe water, sustainably sourced food, non-toxic living and working spaces, and recreational environments. It also entails the protection of biodiversity and ecosystems.

In the ACT, enshrining this right will ensure that environmental and climate considerations are integrated into the operations and decision-making of public authorities. As explained in the Government media release announcing the introduction of the Bill, although Court remedies for breaches of public authority obligations will not initially apply to allow for a comprehensive understanding and implementation of the right by public authorities, complaints about violations can be filed with the ACT Human Rights Commission through the new human rights complaints process established by the Government.

After undergoing debate and receiving approval from the Legislative Assembly, the Bill is slated to become effective within six months of notification (if not earlier).

SA: New noise policy hits SA

On 31 October 2023, the Environment Protection (Commercial and Industrial Noise) Policy 2023 took effect and will operate under the Environment Protection Act 1993. The Policy has been developed after extensive review by the Environment Protection Authority and will replace the Environment Protection (Noise) Policy 2007.

The new Policy serves two major functions when assessing noise impacts from commercial and industrial noise sources:

1. set compliance standards; and
2. implement a planning assessment tool.

For more detailed guidance on the Policy, please refer to the guidelines here.

WA: Bill to repeal recent reforms to Aboriginal heritage legislation passed in WA Parliament

On 17 October 2023, the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 was passed in the Legislative Council and received assent on 24 October 2023. This means that WA will return to the old system of managing and protecting Aboriginal cultural heritage under the reinstated Aboriginal Heritage Act 1972 with the a number of new amendments, most importantly concerning the section 18 approvals process including:

• giving native title parties the right to apply to the State Administrative Tribunal for review of section 18 decision where the party is aggrieved;
• giving no effect to provisions in a contract or agreement that prohibit a native title party from seeking to be heard in relation an application for a section 18 consent; and
• imposing obligations on landowners, if new information comes to light about an Aboriginal site on their land after a section 18 consent is granted, to notify the Minister of this new information.

For more discussion on these reforms, see our Alert.

NSW: Environmental law reform aimed at regulation of industrial chemicals

The NSW Environment Protection Authority (EPA) has released the Draft Environmental Legislation Amendment (Hazardous Chemicals) Bill 2023 (Hazardous Chemicals Bill) for consultation to align NSW with new national standards for industrial chemical risk management.

The draft Bill proposes to amend the Protection of the Environment Operations Act 1997 (NSW) to strengthen the regulation of industrial chemicals and to allow for the repeal of the Environmentally Hazardous Chemicals Act 1985. Relevantly, the Bill proposes to:

• implement the national reforms to the management of industrial chemicals by adopting the Commonwealth Industrial Chemicals Environmental Management Standard (IChEMS);
• impose notification requirements to ensure the EPA becomes aware of the use of emerging problem chemicals, that may present a risk of harm to people or the environment; and
• streamlining requirements for managing the environmental risks of industrial chemicals by moving them into one piece of legislation.