EDO Submissions
An important part of the EDO’s
work is its policy and law reform work.
The EDO is a specialist legal centre and its policy work reflects this status. We do not do campaigning work but we frequently put forward policy
proposals suggesting ways that the law can be improved.
These proposals may be in the form of letters on behalf of clients, submissions to Government or advice to environment groups on proposed new laws.
The EDO have also published papers
and presentations on a range of issues, including policy matters.
Upcoming Reviews
New legislation in NSW is usually reviewed after five years. Commonwealth
legislation usually specifies particular review requirements within each
Act.
What does a review involve?
A review is carried out to determine whether the policy objectives of an Act remain valid and whether the means of addressing these objectives are appropriate.
Outlined below is a table of environmental legislation and the date
on which a review will commence. Most of the listed Acts contain the
standard review provisions which state:
- The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
- The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
- A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Some of the Acts stipulate that a review must commence after 2 years.
We note that how a review is conducted may vary depending on the department
administering the Act as well as the wording of the specific review
provisions in the relevant Act. Some
reviews are conducted internally by some departments, and other reviews
may utilise targetted stakeholder consultation only. It is always
a good idea to check with the relevant department regarding whether there
will be specific public participation opportunites.
What can you do?
The review may present an opportunity for you to comment on the way
that the particular piece of legislation is working. Public submissions
and public hearings may inform amendments to the Act.
If you are interested in making a submission you should begin collecting information in accordance with the above terms of reference at the earliest possible point in time. The EDO may be able to assist you in terms of how you go about doing this.
The EDO often writes submissions on key legislation, as do key conservation groups such as the Nature Conservation Council and the Total Environment Centre. You should consider contacting the EDO or these groups, as to what they are planning to do.
Act |
Long title |
Date of assent |
Review due |
Filming
Approval Act 2004 (NSW) |
An Act to facilitate filming in national
parks, marine parks and certain other areas under the National
Parks and Wildlife Act 1974 and the Marine
Parks Act 1997; and for other purposes. |
15/6/04 |
15/6/09 |
Regional
Development Act 2004 (NSW) |
An Act with respect to the provision
of financial assistance to regions for economic development; and
for other purposes. |
6/7/04 |
6/7/09 |
Infrastructure
Implementation Corporation Act 2005 (NSW) |
An Act to constitute the Infrastructure
Implementation Corporation and to confer on it functions in relation
to major infrastructure projects; and for other purposes. |
17/11/05 |
17/11/10 |
Brigalow
and Nandewar Community Conservation Area Act 2005 (NSW) |
An Act to establish and provide for
the management of the Brigalow and Nandewar Community Conservation
Area; to amend certain Acts; and for other purposes. |
1/7/05 |
1/7/10 |
Threatened
Species Conservation Act 1995 (NSW) |
An Act to conserve threatened species,
populations and ecological communities of animals and plants; to
amend the National Parks and Wildlife Act 1974, the Environmental
Planning and Assessment Act 1979 and certain other Acts; to repeal
the Endangered Fauna (Interim Protection) Act 1991 ; and for other
purposes. |
22/12/1995
Amended 30/11/2004
|
As soon as possible after the period
of 5 years from the date of assent of the Threatened Species Legislation
Amendment Act 2004.
30/11/2009 |
State
Water Corporation Act 2004 (NSW) |
An Act to establish State Water Corporation
as a statutory State owned corporation to exercise function relating
to the capture, storage and release of water and other functions;
to make consequential amendments to other Act; and for other purposes.
|
01/07/2004
(for most sections)
|
As soon as possible after the period
of 5 years from the date of assent to the Act.
01/07/09 |
Dangerous Goods (Road and Rail Transport)
Act 2008 (NSW)
|
An Act to make provision for safety
in the transport of dangerous goods by road and rail as part of
the system of nationally consistent road and rail transport laws;
and for other purposes. |
03/12/2008 |
03/12/2014 |
Renewable
Energy (Electricity) Act 2000 (Cth) and Renewable Energy (Electricity (Charge) Act 2000
(Cth)
|
An Act for the establishment and administration
of a scheme to encourage additional electricity generation from
renewable energy sources, and for related purposes
An Act to impose renewable energy certificate charge, and for
related purposes |
21/12/200 |
The Minister must cause an independent
review of the operation of the Acts and the regulations as soon
as practicable after the 31 December 2013. |
Fuel Quality Standards Act 2000 (Cth)
|
An Act to regulate activities involving
fuel and fuel additives, and for related purposes. |
NA |
Review is to be conducted as soon as
possible after the second anniversary of the commencement of Part
2 and afterwards at intervals of not longer than 5 years. Part
2 commenced on 1 January 2002.
The first statutory review was completed in April 2005 and can
be found here.
The next review is due to be conducted in 2010. |
Product Stewardship (Oil) Act 2000
|
An Act to provide for grants for the
recycling of oils, and for related purposes |
NA |
The Minister must cause an independent
review of the Act and the customs and excise legislation within
4 years after commencement and thereafter at intervals of not longer
than 4 years.
The second independent review was completed in February 2009.
The next review is due to be conducted in 2012. |
Water Act 2007 (Cth)
|
An Act to make provision for the management
of the water resources of the Murray-Darling Basin, and to make
provision for other matters of national interest in relation to
water and water information, and for related purposes |
NA |
The Minister must cause to be conducted
a review before the end of 2014. |
Water Efficiency Labelling and Standards
Act 2005 (Cth)
|
An Act to provide for water efficiency
labelling and the making of water efficiency standards, and for
related purposes |
18/03/2005 |
The Commonwealth Minister must cause
an independent review of the operation of the Water Efficiency
Labeling and Standards scheme to be undertaken as soon as possible
after the fifth anniversary of the commencement of the Act. 18/03/2010 |
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