Crimes Legislation Enhancement Act 2003
The Crimes Legislation Enhancement Act 2003 was assented to by Parliament on 3 June 2003 and commenced operation on the same day. This Act amends a number of sections of the Environment Protection and Biodiversity Conservation Act 1999.
Energy Grants (Credits) Scheme Act 2003
The Energy Grants (Credits) Scheme Act 2003 received assent on 27 June 2003 and commenced operation on the same day. According to the explanatory memorandum, the Act replaces the Diesel Fuel Rebate Scheme (DFRS) and the Diesel and Alternative Fuels Grant Scheme (DAFGS) entitlement provisions with a single entitlement called the Energy Grants (Credits) Scheme (EG(C)S) to commence on 1 July 2003. The EG(C)S will maintain entitlements equivalent to those currently available under the DFRS administered under the Customs Act 1901 and the Excise Act 1901, and the DAFGS administered under the Diesel and Alternative Fuels Grants Scheme Act 1999.
The Product Grants and Benefits Administration Act 2000 (PGBAA) will provide the administrative and compliance framework for the EG(C)S. New provisions in the PGBAA allow the Commissioner to provide public and private rulings in respect of grants and benefits. Under the PGBAA, claimants will be responsible for correctly self-assessing their entitlements and maintaining records to substantiate their entitlements.
Energy Grants (Credits) Scheme (Consequential Amendments) Act 2003
This Act was assented to on 27 June 2003 and commenced operation on 1 July 2003. The Act amends or repeals certain Acts as a consequence of the implementation of the Energy Grants (Credits) Scheme. Consequential amendments are made to:
- the Product Grants and Benefits Administration Act 2000
- the Diesel and Alternative Fuels Grants Scheme Act 1999
- the Customs Act 1901
- the Excise Act 1901
- the Tax Administration Act 1953
- A New Tax System (Australian Business Number) Act 1999
- the Income Tax Assessment Act 1936.
Industrial Chemicals (Notification and Assessment) Amendment Act 2003
The Industrial Chemicals (Notification and Assessment) Amendment Act 2003 was assented to on 15 July 2003 and commenced operation on the same day. According to the explanatory memorandum, the Act amends the Industrial Chemicals (Notification and Assessment) Act 1989 (IC Act) in relation to commercial evaluation permits and company registration provisions. The IC Act establishes a system of notification and assessment of industrial chemicals to protect health, safety and the environment and to provide for registration of certain persons proposing to introduce industrial chemicals into Australia.
Murray-Darling Basin Amendment Act 2003
This amending Act was assented to on 26 June 2003 and commenced operation on the same day. In 1992, the Commonwealth, New South Wales, South Australia and Victoria (the Commonwealth and the States) entered into the Murray-Darling Basin Agreement (principal Agreement). This Agreement was put into legislation under the Murray-Darling Basin Act 1993.
On 3 June 2002, the Commonwealth and the States entered into the Murray-Darling Basin Amending Agreement (amending Agreement) to make new arrangements for sharing water made available in the River Murray catchment above Hume Dam by the Snowy Scheme. The amending Act amends Part XII of the principal Agreement to require the Murray-Darling Basin Commission to determine the respective allocations to New South Wales and Victoria of water from the Snowy Scheme.
Product Stewardship (Oil) Legislation Amendment Act (No 1) 2003
The Product Stewardship (Oil) Legislation Amendment Act (No 1) 2003 was assented to by Parliament on 14 August 2003. According to the explanatory memorandum, the intention of this Act is to reduce the environmental impact of waste oil by imposing a levy on virgin oils and lubricants. The levy is used to fund a benefit scheme designed to encourage the recycling of waste oils. Benefits are paid on a six-tiered differentiated scale, with differing benefit rates for various waste oil recycling activities. Multi-use oils that are used in a specific way, either in the manufacture of another product, or in a process that does not create a recyclable waste oil stream and is considered to present a low level of risk to the environment, are outside the original policy intent of the product stewardship arrangements for waste oil. This Act provides the mechanism for exempting such oils from the levy.
To effect this exemption, a new category of benefit (to be known as the category 8 benefit) under the Product Stewardship (Oil) Act 2000 will be paid, at the same rate as the levy, for uses of oil as approved by the Minister for the Environment and Heritage by Gazette notice.
Aboriginal and Torres Strait Islander Heritage Protection Bill
This Bill is proposed for introduction in the spring sitting of Parliament. If passed, this Bill proposes to replace the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 with an improved Commonwealth regime for dealing with applications for indigenous heritage protection and a system of accreditation of State and Territory indigenous cultural heritage protection regimes that meet certain standards.
Energy Grants (Cleaner Fuels) Scheme Bill, Energy Grants (Cleaner Fuels) Scheme (Consequential Amendments) Bill and Excise Tariff Amendment Bill (No. 2)
These Bills are proposed for introduction in the spring sitting of Parliament. If passed, these Bills propose to allow for the payment of grants to producers and importers of certain biofuels and cleaner fuels.
Kyoto Protocol Ratification Bill 2003
The Kyoto Protocol Ratification Bill 2003 was introduced by Mr Thomson (ALP) and read for the first time in the House of Representatives on 26 May 2003.
This private members Bill proposes to impose a duty on the Commonwealth to ratify the Protocol to the United Nations Framework Convention on Climate Change, the Kyoto Protocol. The Bill also proposes to impose a number of obligations upon the Minister for Environment, including:
- To prepare a National Climate Action Plan composed of a detailed implementation strategy for meeting Australia's obligations under Article 2 of the Protocol.
- To ensure that Australia's aggregate human induced carbon dioxide equivalent emissions of greenhouse gases do not exceed 108 per cent of 1990 levels during 2008–12.
- To establish a national system for estimating certain human induced emissions of greenhouse gases not controlled by the 'Montreal Protocol on substances that deplete the ozone layer'.
- To develop a mechanism allowing for international transfer in emission reduction units including the creation of a registry of emission units that outlines the issue, ownership and transfer of emission reduction units.
- To publish an annual inventory of greenhouse gas emissions and submit a communication to the conference of parties to the UN Framework Convention on Climate Change outlining Australia's compliance under the Protocol.
Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Bill 2003
This Bill had its second reading speech in the House of Representatives on 5 June 2003. According to the explanatory memorandum, the Bill introduces new controls on substances that have detrimental environmental impacts upon the global atmosphere—ozone depleting substances and synthetic greenhouse gases used as alternatives to ozone depleting substances. These controls are introduced for the purposes of and incidental to the implementation of Australia's obligations to minimise the consumption and emission of these substances under the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol on Substances that Deplete the Ozone Layer, and the United Nations Framework Convention on Climate Change.
Ozone Protection (Licence Fees-Imports) Amendment Bill 2003
This Bill had its second reading speech in the House of Representatives on 5 June 2003. According to the explanatory memorandum, the Bill allows regulations to be made that set the amount of levy that is payable by importers of substances that require a Controlled Substances Licence under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. The levy is collected to recover the Commonwealth's costs associated with assisting industry phase out their consumption of the ozone depleting substances (ODS) hydrochlorofluorocarbons and methyl bromide as well as minimise their emissions of these ODS and specific synthetic greenhouse gases used as replacements to ODS.
Ozone Protection (Licence Fees-Manufacture) Amendment Bill 2003
This Bill had its second reading speech in the House of Representatives on 5 June 2003. According to the explanatory memorandum, this Bill enables the creation of regulations that set the amount of levy payable by manufacturers of substances that require a Controlled Substances Licence under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (OPSGGM Act). The levy is collected to recover the Commonwealth's costs associated with assisting industry phase out its consumption and possible production of the ozone depleting substances (ODS) hydrochlorofluorocarbons (HCFCs) and methyl bromide as well as minimise their emissions of these ODS and specific synthetic greenhouse gases (SGGs) used as replacements to ODS.
Australia has not manufactured HCFCs since 1995, and has never manufactured methyl bromide or SGGs, relying instead on imports of these substances. The Bill will facilitate Australia's compliance with the Montreal Protocol on Substances that Deplete the Ozone Layer and the United Nations Framework Convention on Climate Change. The Protocol requires control of the import, export and manufacture of HCFCs and methyl bromide, while the Convention requires measures be taken to minimise greenhouse gas emissions.
Renewable Energy (Electricity) Amendment Regulations (No 1) 2003
This Regulation was gazetted and commenced operation on 29 May 2003. The object of this amendment Regulation is to add new eligible solar water heater models to the eligibility tables in the principal regulations, specifying eligibility end dates, and to remove models where their eligibility has lapsed.
New South Wales
Building Legislation Amendment (Quality of Construction) Act 2002
This Act was gazetted on 13 June 2003 and commenced operation on 1 July 2003. According to the explanatory memorandum, the objects of this Act include amending the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000 with respect to the following matters:
- functions of certifying authorities
- investigation of certifying authorities
- improper influence with respect to conduct of certifying authorities
- construction certificates
- occupation certificates
- conditions of development consents and complying development certificates
- time for giving notice
- fire safety statements
- offences and penalties
- exclusion of personal liability
- other miscellaneous matters
- savings and transitional provisions.
The Act also makes consequential amendments to the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 and the Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001.
Coal Mine Health and Safety Act 2002
This Act was gazetted on 13 June 2003 and commenced operation on the same day. According to the explanatory memorandum, this Act provides for additional regulation of the health, safety and welfare of people who work at coal operations, at coal exploration sites and in the exploration for or recovery of offshore coal. This Bill puts in place special additional obligations and procedures to those already in the Occupational Health and Safety Act 2000 that are necessary for the control of particular risks arising from coal operations.
Gene Technology (GM Crop Moratorium) Act 2003
This Act was assented to on 25 June 2003. According to the explanatory memorandum, the object of this Act is to recognise and designate New South Wales as an area in which certain genetically modified plants may not be cultivated, in order to preserve the identity of GM crops or non-GM crops, or both, for marketing purposes. The proposed Act will expire on 3 March 2006.
Gene Technology (New South Wales) Act 2003
This Act was assented to on 25 June 2003. According to the explanatory memorandum, the object of this Act is to give effect to a nationally consistent scheme in New South Wales for the regulation of certain dealings with genetically modified organisms.
For that purpose, the Act:
- applies the federal Gene Technology Act 2000 and the Gene Technology (Licence Charges) Act 2000 as a law of New South Wales, and
- makes provision to help ensure that the federal Acts and the applied law of New South Wales are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.
National Park Estate (Reservations) Act 2003
This Act was assented to on 7 July 2003 and commenced operation on 1 July 2003. The object of this Act is to transfer certain land to the national park estate. According to the second reading speech, this Act is part of a package of initiatives the New South Wales Government is implementing to protect, in reserves, 65,000 hectares of the last remaining icon areas of north-eastern New South Wales, including high conservation value old-growth forest and rainforest. These initiatives protect the Terania Creek and other rainforests of this region of New South Wales that are registered on the World Heritage List.
Rural Lands Protection Amendment Act 2003
This Act was assented to on 28 May 2003 and is not yet in force. This Act amends the Rural Lands Protection Act 1998 by:
- enabling rural lands protection boards to deal with urgent matters arising in between annual State Conferences
- clarifying the liabilities of former and incoming occupiers, and of owners of land, for rates levied by rural lands protection boards
- enabling certain penalties paid under penalty notices to be paid to the State Council of Rural Lands Protection Boards, and
- making changes to the procedures relating to the election or appointment of directors of rural lands protection boards.
The Act also makes several amendments of a minor, technical or consequential nature.
Contaminated Land Management Amendment Bill 2003
This Bill was introduced to the Legislative Assembly and received its second reading speech on 2 July 2003. According to the explanatory memorandum, the purpose of the Bill is to amend the Contaminated Land Management Act 1997 in relation to the site auditor scheme. Specifically, the Bill proposes to:
- update the procedure by which the Environment Protection Authority (EPA) grants and renews a person's accreditation as a site auditor
- update and expand the EPA's monitoring and oversight powers in relation to site auditors
- update and expand the powers of the EPA in relation to suspension, revocation and non-renewal of a site auditor's accreditation, and
- make other minor amendments.
Marine Pollution Amendment (Waste Discharge and Oil Spill Response Plans) Regulation 2003
This Regulation was gazetted on 27 June 2003 and commenced operation on 1 July 2003. This Regulation amends the Marine Pollution Regulation 2001. According to the explanatory memorandum, the purpose of this amending Regulation is to incorporate into the principal Regulation, with some changes, matters relating to the pollution of navigable waters that were previously dealt with under the Management of Waters and Waterside Lands Regulations 1972.
Protection of the Environment Operations (General) Amendment (Exemption) Regulation 2003
This Regulation was gazetted on 27 June 2003 and commenced operation on 1 July 2003. According to the explanatory memorandum, the purpose of the amending Regulation is to repeal provisions of the principal Regulations that deal with the control of toilet and galley wastes from vessels, and the requirement that certain trading vessels be equipped to deal with oil spills and have an oil spill response plan when undertaking specified voyages. These matters will be transferred to the Marine Pollution Regulation 2001.
Planning and Environment (Metropolitan Green Wedge Protection) Act 2003
The Planning and Environment (Metropolitan Green Wedge Protection) Act 2003 was assented to by Parliament on 11 June 2003. The Act amends the Planning and Environment Act 1987 to limit development and provide increased planning protection for metropolitan green wedge land.
The Act requires:
- authorisation of the Minister for Planning for the preparation of certain amendments to planning schemes applying to green wedge land in specified metropolitan fringe areas, and
- Parliament to ratify certain amendments to planning schemes applying to green wedge land in specified metropolitan fringe areas.
'Green wedge land' is defined as land that is described in a metropolitan fringe planning scheme as being outside the urban growth boundary. The Act aims to protect the green wedge areas from inappropriate subdivision and to provide for development in accordance with Melbourne 2030.
Victorian Urban Development Authority Act 2003
The Victorian Urban Development Authority Act 2003 received assent by Parliament on 16 June 2003. The Act merges the Dockland Authority and the Urban and Regional Land Corporation to form the Victorian Urban Authority (VicUrban). VicUrban will manage the development of the docklands area, carry out urban development, undertake declared projects and assist in implementing government urban development policies and strategies, including the Melbourne 2030 strategy of planned environmentally sustainable and affordable housing.
The functions of VicUrban include to promote best practice in urban and community design and development by having regard to innovations in sustainable development and links to transport services.
Water (Victorian Water Trust Advisory Council) Act 2003
The Water (Victorian Water Trust Advisory Council) Act 2003 received assent by Parliament on 27 May 2003 to establish the Victorian Water Trust Advisory Council. The functions of the Council will include advising the Minister on the allocation of funds for initiatives that enhance the health and sustainability of Victoria's water resources, to encourage the increased re-use and recycling of water in Victoria and to improve efficiencies in the use of water across Victoria.
The Council will also provide information to the public on procedures for applying for funding for these initiatives and promote public awareness of the activities of the Council.
National Environment Protection Council (Victoria) (Amendment) Bill 2003
The National Environment Protection Council (Victoria) (Amendment) Bill was introduced to the Legislative Assembly on 3 June 2003. The Bill proposes to amend the National Environment Protection Council (Victoria) Act 1995 (NEPC Act) to provide a mechanism for allowing minor variations to national environment protection measures to be made, without having to resort to the procedures outlined under section 20 of the NEPC Act. A 'minor variation' is defined as a variation supported by unanimous resolution of all members of the National Environment Protection Council (NEPC) that states that the variation does not involve a significant change in the effect of the national environment protection measure. The Bill prescribes procedures that the NEPC must follow in making such minor variations.
The Bill also proposes minor amendments to the NEPC Act, including a review of the NEPC Act every five years.
Archaeological and Aboriginal Relics Preservation Regulations 2003
The Archaeological and Aboriginal Relics Preservation Regulations 2003, made under the Archaeological and Aboriginal Relics Preservation Act 1972, revoke the Archaeological and Aboriginal Relics Preservation Regulations 1992. The Regulations, effective from 14 July 2003, specify the information that is required in an application for a permit to uncover, expose or excavate any relic, the fee for such a permit and the form to be lodged for a site survey.
National Parks (Park) Regulations 2003
The National Parks (Park) Regulations 2003, made under the National Parks Act 1975, prescribe provisions for the protection of parks including:
- the preservation and protection of flora and fauna, and archaeological, ecological, geological or scientific features of interest or significance
- the protection of buildings, structures, permanent works, facilities and amenities
- the protection of designated and other water supply catchment areas.
The Regulations commenced operation on 28 June 2003.
Land Protection (Pest and Stock Route Management) Act 2003
This Act has now commenced in full. The objects of the Act are to provide for:
- pest management on land, and
- stock route network management.
The Act repealed the Rural Lands Protection Act 1985.
Queensland Heritage and Other Legislation Amendment Act 2003
The Queensland Heritage and Other Legislation Amendment Act 2003 received assent on 23 May 2003.
The Act, when it commences (on a date to be proclaimed), will amend the Queensland Heritage Act 1993 (Qld) and the Integrated Planning and Other Legislation Amendment Bill 2003 (Qld) to:
- establish the Queensland Heritage Council as a corporation
- incorporate the existing requirement under the Queensland Heritage Act 1993 (Qld) to obtain an approval from the Queensland Heritage Council to undertake development in relation to a place listed on the Heritage Register into the IDAS under the IPA
- allow places that do not fully satisfy the Heritage Register (Register) criteria, but form part of a streetscape or are adjacent to a registered place, to be entered on the Register where failing to allow the entry would reduce the overall cultural heritage significance of the streetscape or adjacent registered place.
Vegetation (Application for Clearing) Act 2003
The Vegetation (Application for Clearing) Act 2003 (Qld) commenced on 2 June 2003.
The Act prevents an assessment manager under the Integrated Planning Act 1997 (Qld) from accepting most development applications to clear vegetation on freehold land that are lodged on or after 16 May 2003 as properly made applications. In effect, applications for such development permits cannot be assessed while the provision is in force.
The assessment manager can accept applications in a limited number of circumstances, for example, where the application is necessary for reasons of public safety or establishing infrastructure.
The Act also prevents tree clearing permits on non-freehold land from being granted except in limited circumstances, including where the application is necessary for public safety or establishing infrastructure.
Water and Other Legislation Amendment Act 2003
The Water and Other Legislation Amendment Act 2003 (Qld) commenced on 16 May 2003, amending the Water Act 1994 (Qld) (Water Act) and other legislation, including the Integrated Planning Act 1997 (IPA).
The amendments were considered necessary for the ongoing implementation of the Water Act and to facilitate proposed new infrastructure in the Burnett Basin.
Included in the amendments to the Water Act were measures to:
- clarify the process for registering interests in a water allocation
- allow the Minister for the Department of Natural Resources and Mines to impose moratoriums on the granting of more water licences without having to formally commence a water resource planning process
- create a new offence that makes the holder of a water allocation, interim water allocation, water licence or water permit, subject to certain defences, liable for taking water the holder was not authorised to take.
The amendments to the IPA include removing the need, in certain cases, to obtain a landowner's consent to a development application relating to community infrastructure on land that is subject to a community infrastructure designation.
Integrated Planning and Other Legislation Amendment Bill 2003
The Integrated Planning and Other Legislation Amendment Bill 2003 (Qld) was introduced to the Queensland Parliament on 4 June 2003. The Bill, if passed, is expected to amend the IPA. The Bill includes provisions that:
- amend the matters about which the Minister for Local Government and Planning must be satisfied before designating land for community infrastructure to ensure adequate environmental assessment and public consultation
- change the application and decision stages of the Integrated Development Assessment System (IDAS) in a minor way, including clarifying when an acknowledgement notice must be given and imposing some additional restrictions on the conditions that may be imposed on a development application
- amend several planning scheme provisions to assist in implementing the IPA planning schemes.
In addition, the Bill proposes amendments to the Vegetation Management Act 1999 (Qld), the Coastal Protection and Management Act 1995 (Qld), the Plumbing and Drainage Act 2002 (Qld) and the Water Act 2000 (Qld) to facilitate the changes to the IPA and the integration of the various approval processes into the IDAS.
Environmental Protection (Liquid Waste) Regulations 1996
The Environmental Protection (Liquid Waste) Regulations 1996 have been repealed. Regulation of waste transport is to be covered under the Environmental Protection (Controlled Waste) Regulations 2001. Amendments to the Controlled Waste Regulations are proposed, and details of these will be reported in a later Environment Quarterly. The Department of Environment (DoE) has indicated that under the amended Regulations, controlled waste producers will not require a licence to have waste taken off-site for disposal or be required to display identification plates on liquid waste tanks. Controlled waste producers will be required to use a licensed controlled waste carrier to remove liquid waste from premises. The transporter will be required to obtain a permit from the DoE under the Controlled Waste Regulations before accepting waste.
Environmental Protection (Goldfields Residential Areas) (Sulphur Dioxide) Policy and Regulations 2003
A revised Environmental Protection (Goldfields Residential Areas) (Sulphur Dioxide) Policy and Regulations 2003 commenced on 18 March 2003. It replaces the Environmental Protection (Goldfields Residential Areas) (Sulphur Dioxide) Policy and Regulations 1992. The Policy prescribes the maximum sulphur dioxide concentration permitted in the ambient air of the residential areas of Kalgoorlie, Kambalda, Coolgardie and the Kurrawang Aboriginal Reserve.
Copies of the Policy are available here.
River Murray Act 2003
The River Murray Bill 2002, as outlined in the January 2003 edition of Environment Quarterly, received assent by Parliament on 31 July 2003. The River Murray Act 2003 aims to ensure that development and activities which have an effect on the River Murray are ecologically sustainable and undertaken in ways to ensure they do not harm the River.
Waterworks (Save the River Murray Levy) Amendment Act 2003
The Waterworks (Save the River Murray Levy) Amendment Bill 2003 received assent by Parliament on 24 July 2003. The Act amends the Waterworks Act 1932 to introduce the Save the River Murray Levy to be charged as part of water rates and indexed to the CPI. The levy will be applied towards the environmental health of the river and the State's contributions to the Murray–Darling Basin Commission.
Statutes Amendment (Nuclear Waste) Bill 2003
The Statutes Amendment (Nuclear Waste) Bill 2003 was introduced to the House of Assembly on 3 June 2003. The Bill proposes to amend the Dangerous Substances Act 1979 to:
- allow for the major development provisions of the Development Act 1993 to apply to the conveyance of nuclear waste in South Australia
- extend the licensing requirements for keeping and conveying dangerous substances to apply to nuclear waste
- prohibit the transport of nuclear waste into the State and the supply of nuclear waste to another person for the purpose of transportation into the State.
Statutes Amendment (Water Conservation Practices) Bill 2003
The Statutes Amendment (Water Conservation Practices) Bill 2003 proposes to amend the Water Resources Act 1997 to enable regulated use controls to be established for all water users in the State. The regulated use controls, to be prescribed by regulation, will be placed on the quality of water that can be taken and used, the purposes for that water can be used, and the manner or means in that water may be used. The Bill aims to ensure that water use is underpinned by conservation practices and that wasteful and inefficient water use is discouraged.
The Bill proposes to establish a maximum penalty of $5,000 for natural persons and $10,000 for bodies corporate that breach a regulated use control requirement.
Public Park Bill 2003
The Public Park Bill 2003 was defeated by the Upper House of Parliament. The purpose of the Bill was to reserve land, commonly known as sites 40A and 45A, as the Northern Public Park for the use, enjoyment and recreation of inhabitants of and visitors to South Australia. The Bill sought to prevent the Federal Government from establishing a low level and short-lived intermediate level radioactive waste repository on the sites.
State Coastal Policy Validation Act 2003
The State Coastal Policy Validation Act 2003 commenced in late April 2003. The Act validates the State Coastal Policy 1996, which protects the natural value of the coast and promotes its use and development in a sustainable manner, and any act or thing done pursuant to the Policy.
Land Development Corporation Act 2003
The Land Development Corporation Act 2003 commenced on 1 July 2003 and established the Land Development Corporation. The Corporation's purposes are to develop and manage land for use by new and existing industries in the Territory. The functions of the Corporation include carrying out or facilitating activities relating to heritage and environmental conservation associated with the management of the Corporation's land and its use by industrial businesses.
Australian Capital Territory
Land (Planning and Environment) (Compliance) Amendment Act 2003
The Land (Planning and Environment) (Compliance) Amendment Bill 2003, as outlined in the May 2003 edition of Environment Quarterly, received assent by Parliament on 7 July 2003.
Planning and Land Legislation Amendment Act 2003
The Planning and Land Legislation Amendment Bill 2003 received assent by Parliament on 30 June 2003 to amend the Planning and Land Act 2002 to abolish the Gungahlin Development Authority and the Kingston Foreshore Development Authority. The Act repeals the Gungahlin Development Authority Act 1996 and the Kingston Foreshore Development Authority Act 1999 and makes minor consequential amendments.
Civil Law (Sale of Residential Property) Bill 2003
The Civil Law (Sale of Residential Property) Bill was introduced to Parliament on 26 June 2003. The Bill proposes to repeal the Energy Efficiency Ratings (Sale of Premises) Act 1997 to establish a new process for the sale of residential property. The Bill proposes to impose a strict liability offence for publishing an advertisement for the sale of premises without containing a statement outlining the energy efficiency rating of the habitable part of the premises.
The Bill also proposes to require the seller of premises to provide a copy of the energy efficiency rating statement, to the potential buyer, prior to entering into a contract of sale. The seller will be required to pay 0.5 per cent of the purchase price to the buyer as compensation for failure to provide the statement.
This article provides a summary only of the subject matter covered, without the assumption of a duty of care by Freehills. The summary is not intended to be nor should it be relied upon as a substitute for legal or other professional advice.