Environmental Harm, Fines & Notices

A $60,000 FINE!? Know your legal obligations when it comes to notifying contaminated land!

Are you aware that your property or the property that you are working on could be contaminated? If you are aware, and you fail to notify the Department of Environment and Heritage Protection (EHP), serious fines could apply.

What is a “notifiable Activity”?

This is an activity that is likely to cause contamination. In town, these activities might include some types of manufacturing or disposal operations, printing, petroleum or chemical storage. On a rural property, you might have a livestock dip or spray race.

Who is required to notify EHP?

Just about everyone! Employees/employers, company directors, contractors and agents, engineers, project managers, auditors, local government, owners and occupiers of Land.

When must notification occur?

If contamination or environmental harm is likely to occur or has occurred, notification to EHP has to be given within 24 hours of an event occurring. You must also give notification to an owner or occupier of land (so say a tenant) if it is likely that their land could be affected.

What happens if you do not notify?

Fines of up to almost $60,000 can apply in certain circumstances so the fines are significant. Tenants and Occupiers of Land should be aware that they must notify the owners of the Land or Fines also apply if the owner is not notified.

How do I notify?

There are particular forms and guidelines you can use online through EHP, or you can contact them directly.

What about if I am purchasing a property?

This positive duty to notify should result in an increase in properties being noted on the Contaminated Land Register. Appropriate searches and advice should be obtained when you purchase a new property or if you take on a long term lease of a premises.

Contact Energy, Environment & Agribusiness Partner, Melanie Findlay on (07) 4927 6333 or at enquire@reesjones.com.au.

Draft Land Access Code

The new draft Land Access Code 2016 is available for public consultation here
https://www.dnrm.qld.gov.au/__data/assets/pdf_file/0011/390485/land-access-code.pdf

The usual problems have not been removed from the Code. For example, the wash down provisions regarding weed management are still unfavourable for Landholders.

Part 15 covers the obligations on the parties to prevent spread of declared pests. The usual clause which requires a resource authority holder to “wash down” vehicles and machinery before entering private property remains. However, this is only a requirement if the risk of spreading the pest is likely to be reduced by the wash down.

The first problem is that the method of wash down is not specified and landholders have often advised our office of situations where the holders of a resource authority do not carry proper wash down certificates or certificates from third party wash down facilities.

The second problem is that it is usually the resource holder that decides that it is NOT likely that the pest will be spread.

Under the new Biosecurity Act 2014, landholders now have a higher onus of care placed upon them to make sure that pests and weeds are kept in check on their properties. It would be therefore desirable for the Land Access Code to be tightened up to give landholders the rights to reject dirty or contaminated vehicles and to insist on third party wash down facilities.

If you wish to make a submission regarding the Code or the new Regulations, submissions close on 12 August 2016.

The link to the site containing the new drafts is here:-
https://www.dnrm.qld.gov.au/our-department/corporate-information/policies-initiatives/mining-resources/legislative-reforms/mqra/consultation-draft-regulation

Contact our Energy, Environment & Agribusiness team on (07) 4927 6333 or at enquire@reesjones.com.au.

Qld Government Mining Lease Application Notices as at 6 July 2016

Each week, our Landowner Lawyer shares the Queensland Government Mining Lease Application Notices.

Details of current mining lease applications: Mining Notices as at 7 July 2016.

According to Queensland law, anyone can object to a mining lease application or current environmental authority application for a mining lease. The objection period is a minimum of 20 business days. Make sure your objection is lodged by 4.30 pm on the last day of objections.

If you believe you are affected by a mining lease application or if you would like further information, please contact our Energy, Environment & Agribusiness team on 07 4927 6333 or at enquire@reesjones.com.au.

The Soil Story

Our Landowner Lawyer shares an explanation of Soil Sequestration of Carbon in an easy to watch
4 minute clip presented by Kiss the Ground.

You may also be interested in our Landowner Lawyer's previous blog on Carbon Farming.

If you have any queries about carbon farming opportunities that may be available to you, please do not hesitate to contact our Energy, Environment & Agribusiness Team on (07) 4927 6333 or at enquire@reesjones.com.au.

Qld Government Mining Lease Application Notices at at 21 June 2016

Each week, our Landowner Lawyer shares the Queensland Government Mining Lease Application Notices.

Details of current mining lease applications: Mining Notices as at 21 June 2016.

According to Queensland law, anyone can object to a mining lease application or current environmental authority application for a mining lease. The objection period is a minimum of 20 business days. Make sure your objection is lodged by 4.30 pm on the last day of objections.

If you believe you are affected by a mining lease application or if you would like further information, please contact our Energy, Environment & Agribusiness team on 07 4927 6333 or at enquire@reesjones.com.au.

https://www.business.qld.gov.au/industry/mining/public-notices-tenders/mining-lease-application-notices

Mt Coolon Hotel Vegetation & Land Clearing Information Session

Mt Coolon Hotel Information Session

Energy, Environment & Agribusiness Partner Melanie Findlay will be at an AgForce hosted event Wednesday 13 July from 10am at the Mt Coolon Hotel, Mt Coolon.

In conjunction with Ecosure, Melanie will be conducting an information session to inform graziers and landowners of the current vegetation and land clearing laws, the impacts of the SLATS data, what to do if you have illegally cleared and your property is currently under investigation and how to apply for a retrospective clearing permit (additional information is below).

There is also an opportunity to have a topic of your choosing included in this session when you RSVP.

What else would you like information on?

• Environmental/vegetation offsets
• Work place health and safety
• Wills and succession planning
• Biosecurity/weed management plans
• Vegetation law/protected plants (trigger mapping)
• Carbon farming and carbon projects

RSVP ESSENTIAL to Emma Kime on 07 4927 6333 or emmak@reesjones.com.au

Vegetation and Land Clearing Release of Qld Government Data

Earlier this year, the Queensland Government publicly released their Statewide Landcover and Trees Study (SLATS) data for the 2012 – 2014 period.

The purpose of the Statewide Landcover and Trees Study (SLATS) is to monitor Queensland's forests and woodlands to assess vegetation extent and clearing activities.

In conjunction with Ecosure Pty Ltd, Rees R & Sydney Jones Solicitors has conducted inquires and identified areas in Queensland where vegetation and land clearing has occurred.

We are aware that the Department of Natural Resources and Mines on behalf of the Queensland Government will now be in the process of investigating all properties located on the SLATS 2012 – 2014 maps to determine whether vegetation and land clearing was authorised or illegal.

In particular with reference to the SLATS 2012 – 2014 maps, we note that:-

• Properties covered in darker red and showing higher levels of clearing (500 + hectares) will be the listed for priority investigation by the Department of Natural Resources and Mines; and,
• Properties covered yellow and orange with less levels of clearing will be subject to investigations by the Department of Natural Resources and Mines in due course.

Vegetation Clearing Regrowth Laws in Queensland

Vegetation Clearing Regrowth Laws in Queensland

by Geoffrey Sinclair, Senior Botanist, ecosure

Overview of regrowth laws

On the 17 March 2016, the government introduced the Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016, which is currently being considered through the parliamentary committee process.

One of the amendments proposed by the bill is the reintroduction of high value regrowth on freehold land (Category C), and regrowth vegetation on watercourse areas (Category R) for Great Barrier Reef Catchments.

To see if your property is being affected by the proposed regrowth laws, you can obtain a map of at the following website

https://www.dnrm.qld.gov.au/qld/environment/land/vegetation/vegetation-map-request-form

The laws governing the proposed regrowth laws have not passed parliament, and are not likely to be decided until August or later this year. However, if it has been decided that the proposed regrowth laws will apply to any clearing/applications that occur after then 17 March 2016.

It is therefore important that before you do any clearing of vegetation, that check to see if your property is affected by the proposed regrowth laws.

For clearing of proposed regrowth that occurred prior to 17 March 2016

There is no requirements for clearing of proposed regrowth areas that occurred prior to the 17 March 2016.

For clearing of proposed regrowth area after the 17 March 2016

Any clearing of proposed regrowth currently or post 17 March 2016 should:

• Be a clearing exemption, or
• Meet the self-assessable code for management Category C regrowth (for Category C areas)
• Meet the self-assessable code for management Category R regrowth (for Category R areas)

You are required to notify the department of Natural Resources and Mines if clearing under a self-assessable code. The department has an automated notification process that you can use., however this system may not work for some tenures and you will need to contact the Department directly if this is the case.

Copies of clearing exemptions are available at

https://www.qld.gov.au/environment/land/vegetation/exemptions/

Copies of the self-assessable codes are available at

https://www.qld.gov.au/environment/land/vegetation/codes/

Errors in the proposed regrowth areas? 

The proposed regrowth areas were not ground checked, and were derived from a satellite image analysis, where basically all areas that had not been cleared in the last 20 years and contained vegetation were mapped as regrowth areas.

This approach has resulted in many errors in identifying regrowth area, in particular it includes many areas of thick grass or orchards that have not been cleared in the past 20 years.

These errors can be fixed using the department’s PMAV process, which is a fairly simply process if the area is devoid of trees or is an orchard. There may be potential for the department to accept these PMAV applications without a fee.

The other thing to be aware of is that the proposed regrowth areas are probably going to be further refined before they are finalised, so some of the errors may be fixed automatically.

What if I have cleared regrowth vegetation after the 17 March 2016?

If the vegetation reinstatement bill is not passed, then nothing will happen.

If the vegetation reinstatement bill is passed, then you may be required to restore the area (as in allow to regrow or plant), and potentially add additional areas.

What about PMAV applications (application to change the vegetation)?

PMAV applications that were submitted prior to the 17 March 2016 will be assessed under normal processes.

PMAV applications that were submitted after 17 March 2016 and do not contain any proposed regrowth vegetation will also be assessed under normal processes.

For PMAV applications that were submitted after the 17 March and do contain proposed regrowth vegetation, the department has identified that they will discuss the issue with the applicant, in general:

• The department is likely to assess PMAV applications in which all the proposed regrowth on the lot is mapped incorrectly.
• If parts of the lot are regrowth, it is likely that the department will have to delay processing the PMAV until the laws have been finalised, or come to another agreement with the applicant.

Geoffrey Sinclair can be contacted on (07) 4994 1000

Rookwood Weir - Additional Information

Additional Information to the Draft Environmental Impact Statement

The Gladstone Area Water Board and SunWater Limited have prepared additional information to the draft environmental impact statement (AEIS) for the Lower Fitzroy River Infrastructure Project.

You can view this information here.

You are able to make a submission to the AEIS here. Submissions close at 5pm on 27 June 2016.

If you would like any further information or assistance with a submission, contact Melanie Findlay on (07) 4927 6333.

Rookwood Weir Funding Update Sessions

Melanie Findlay was asked to speak to landowners affected by the Rookwood Weir at two AgForce organised sessions this week. They were held at Duaringa for landowners affected by the proposed Rookwood Weir site and Alton Downs for those affected by the Eden Bann raising. There were representatives from Agforce, Sunwater, GAWB and the Lower Fitzroy Infrastructure Project EIS Project Team also in attendance. Lachlan Miller MP also popped in for a chat at the Alton Downs meeting.

Melanie said

“The sessions were well attended and received. It was good to see more communication being received by affected landowners. As well as being concerned about impending easement resumptions, landowners were particularly concerned about the price of water once the infrastructure is built.”

The Additional Information Statement Project was released in May and submissions in regard to this are open until 27 June 2016. Geraldine Squires from the project team invited landowners to update their contact details with the project team and to make submissions if they so wished. She also advised attendees about the contents of previous submissions and landowner concerns that had already been received.

The most stressful or pressing question that a property owner has when they are affected by an impending resumption is:-

“What do I do with my property in the meantime. Do I develop it and continue to invest in my land or what do I do whilst in limbo?”

Melanie Findlay advised attendees that you cannot put your life on hold. The date of the resumption is the date which a Valuer will use to value your property. If you do not continue to work and use your property as you normally would, then that value will be lower. These projects have been on the cards for some years and you cannot simply sit on your hands and wait for the resumption notice to come. Project dates change, extend and move. Carry on with your life, keep a diary of what the project employees say and do over the years. There are also hardship provisions under the Acquisition of Land Act which can be used in certain circumstances.

If you wish to hear more about the process for the Weirs, contact Melanie Findlay on (07) 4927 6333 or enquire@reesjones.com.au.

Environmental Offsets with Melanie Findlay

Audio - Environmental Offsets with Melanie Findlay

Environmental Offsets

Below is a transcript of Melanie Findlay’s interview with Aaron Stevens of 990 4RO from Monday 29 February.

Melanie:
Yeah, so we thought it would be good to get information out to Landowners. That is a bit of a passion of mine, to get the information out before things go wrong and just generally inform people about changes in legislation or opportunities because rural isn’t rural anymore in the legal world.

4RO:

Yeah, it’s all changing, isn’t it?

Melanie:

Yes, yes.

4RO:
Well, that’s great. So, Mel is going to join us regularly, give us some advice. If you have got any questions that you would like to raise, feel free to call anytime, 4922 7990, and maybe we can pass those questions onto you?

Melanie:

Yep, happy to answer questions.

4RO:

So question number one, the one we are going to address today, tell me a little bit about environmental offsets and income opportunities in that area?

Melanie:
I guess for Landowners, the opportunities exist when a developer is say going to knock down some Brigalow or some kind of habitat for an animal or something because they need to build a coal mine. Or someone in Yeppoon, for example, might be going to put up a development and knock down some kind of special tree. So what the government says is, “You have knocked down this special habitat or tree over here, you need to go find it somewhere else and manage it and save it”. So, what happens is Landowners get approached, or used to get approached by brokers, and they would be looked at from some desk in Brisbane and they would say, “Oh, there is some Brigalow here,” looking at a SatNav map or whatever and the broker would contact the Landowner and say “Hey, are you interested in providing an offset for this project?”

I guess the big change in this area of law though is we don’t need the broker anymore. So what the government has said is, are you interested in an environmental offset? You can now register in advance. So, you just lodge some forms on the Department’s website and you can say yeah, I am interested in providing an offset and the financial incentives for the offset’s pretty good. They are well above market value for land rates. And, I guess it is taking that middle man out of the job with these advanced offsets.

4RO:

So where would someone go for that sort of information?

Melanie:
There is a couple of places. So we can obviously help out with the forms. They are not that hard, so you can go on to the Department’s website or we can even give you the form numbers to download and if you think that you have a certain type of Brigalow or some kind of special regrowth, perhaps you would like to get a botanist or someone out to come have a look at it and we can also help you with consultancy in that area.

4RO:

Isn’t that good, cause I imagine that would be the toughest part. I mean, you might think that there is something worth protecting but you are not going to know until you go through the processes.

Melanie:

Yeah, there is actually mapping as well available. So certain properties of higher value for offsets are available, we just need to pull the data out to check that your property is one of those.

4RO:

Alright, if someone is after more information and would like to contact you about obtaining that information or the paperwork, what do they do?

Melanie:

They can go onto the Rees Jones website and have a look, we have written a few articles about it. Or they can give me a ring on 4927 6333. I have got a little blog as well which has got some articles specific for just Landowners that you can find through the Rees Jones website as well.

4RO:
Terrific, what’s that address?

Melanie:
www.reesjones.com.au

4RO:
Mel, a pleasure. Looking forward to catching up with you again soon.

Melanie:

Thank you.

Arrow Update February 2016

Melanie Findlay and Emma Kime from our Energy, Environment & Agribusiness team attended the AgForce February 2016 Member Meeting in Middlemount to discuss the current position of the Arrow pipeline.

Below is a brief summary of the presentation. The full presentation can be view here, Arrow Update.

Arrow Bowen Pipeline Project

The gas project initially comprised of:

• LNG plant Gladstone
• Bowen Gas Project
• ABP (pipeline from Bowen)
• Surat Gas Project
• ASP (pipeline from the Surat)

Additional articles written by our team on the project are “Strategic Cropping Land Declarations at Risk” and “What is a a Pipeline??”

What Now?

Arrow is joint venture of Shell and PetroChina.

December 2015 – the project has been delayed/shelved as gas and oil prices continue to lower.

Shell has recently sold off natural gas and shale assets in Northern America and walked away from the Alaskan Artic project worth $7B.

Energy is an Evolving Industry

The change in attitude towards coal fired power is seeing the closure of coal mines both overseas and in Australia. New technology is bringing down the costs of solar. Renewable energy is definitely an area to watch.

Our Energy, Environment & Agribusiness Partner, Melanie Findlay can be contacted on 07 4927 6333 or enquire@reesjones.com.au.

ARENA data release and large-scale solar projects shortlisted

ARENA data release and large-scale solar projects shortlisted

ARENA have released a summary of the data sourced from their competitive expressions of interest (EOI) round. 

In the EOI round, solar and renewable energy companies were invited to submit a proposal in a bid to secure a portion of the $1000 million in funding that has been set aside for large-scale solar projects. ARENA received proposals for 75 large-scale projects in the EOI round. 

ARENA assessed the EOI applications last year and have since listed 22 projects that are invited to proceed to the full application stage. 10 projects that have been invited to proceed to the full application stage are located in Queensland.

If the Queensland projects are successful in securing funding from ARENA, it is likely that we will see large-scale solar projects in Baralaba, Longreach, Hughenden, Dalby, Collinsville, Oakey, Proserpine and Ipswich.

Full applications must be submitted to ARENA by 15 June 2016. 

Links:
http://arena.gov.au/programmes/advancing-renewables-programme/large-scale-solar-pv/
http://arena.gov.au/resources/large-scale-solar-pv-competitive-round-eoi-application-data/

See also, Emma Kime's article "Solar Projects: The Prospecting Race and ARENA Funding"

What is Groundwater?

Did you know that groundwater makes up 98% of the liquid freshwater on the planet? 

L-R Linda Munns, Emma Kime, Amy Gudmann

Last week, Emma Kime along with Amy Gudmann and Linda Munns of our Mining, Gas and Rural Team attended Capricornia Catchment's Getting to know your Groundwater Workshop held in Rockhampton. 

Emma said that "this workshop was a fantastic local event that was able to bring interested members of the community together to gain an understanding of groundwater and the extraction process, the local geology and the impacts of coal and coal seam gas developments on water resources."

Many of our client's have concerns about whether they are entitled to enter into a Make Good Agreement with mining and resource companies and how coal and coal seam gas developments may impact their water resources and bores. As a result, Emma enjoyed learning first-hand how graziers and landowners can be proactive in monitoring water levels and measuring the quality of their bores on an ongoing basis to collate data that may then be used as part of a Baseline Assessment. 

Emma also enjoyed connecting with local community members and hearing the concerns that locals have with their bores and why they choose to attend the Getting to know your Groundwater Workshop.

If you would like to discuss how the Mining, Gas and Rural Team can assist you with any concerns that you may have about your bore or whether you are entitled to enter into a Make Good Agreement, please do not hesitate to contact us on (07) 4927 6333 or enquire@reesjones.com.au.

The Carbon Market & Trading

Melanie Findlay and Emma Kime attended the AgForce February 2016 Member Meeting in Middlemount to discuss carbon emissions and the Emissions Reduction Fund.

Below is a brief summary of the presentation, the full presentation can be viewed here Carbon Market and Trading: Emissions Reduction Fund.

What is the Carbon Emissions Reduction Fund?

The Emissions Reduction Fund is a voluntary carbon offset scheme and part of Australia’s pledge to reduce emissions and create a competitive carbon market. See also The Landowner Lawyer’s discussion on the 2015 COP21 blog “What’s all this Paris stuff?”

Accredited Projects

• Beef Cattle Herd Management
• Feeding of supplements
• Avoided clearing of native regrowth

Beef Cattle Herd Management

Management practices that reduce emissions include establishing higher quality pasture, providing a feed supplement all year round and expanded watering points.

Feeding of supplements

This project requires urea lick blocks to be replaced with nitrate lick blocks and the use of the Beef Nitrates Calculator.

Avoided clearing of native regrowth

To be eligible for this project, the land must have native forest cover and have been cleared at least twice in the past.

Energy, Environment & Agribusiness Partner, Melanie Findlay can be contacted on 07 4927 6333 or at enquire@reesjones.com.au