covid19-law.com.au
10. Government
F. Utilities & Resources
i. Legislation
New South Wales:
Electricity Supply Act 1995 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): Item [1] of the amendments constitutes the energy security safeguard, whose object is to improve the affordability, reliability and sustainability of energy through the creation of financial incentives that encourage the consumption, contracting or supply of energy in particular ways. The safeguard consists of the energy savings scheme under the Electricity Supply Act 1995 (NSW) and any other schemes that may be created, by regulation, to give effect to the object of the safeguard. Items [5]–[9] make consequential amendments. Item [4] postpones the date of automatic termination of the energy savings scheme from the end of 2025 to the end of 2050. Items [2] and [3] make consequential amendments.
Waste Avoidance and Resource Recovery Act 2001 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): permits the Environment Protection Authority (the EPA) to exempt a person, or class of persons, from provisions of the principal Act or regulations or agreements or arrangements made under the principal Act, if the EPA is satisfied the exemption is reasonable for the purposes of responding to the COVID-19 pandemic. The exemption is granted by order published in the Gazette. The provisions authorising the granting of exemptions are repealed on 26 September 2020 or a later day prescribed by regulations under the principal Act. The later day prescribed by the regulations cannot be later than 26 March 2021.
Amendments to the following pieces of legislation by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW) to permit various officers to require persons to answer questions by audio or audio visual link:
Queensland:
Made under the COVID-19 Emergency Response Act 2020 (Qld), Food Act 2006 (Qld) and Pest Management Act 2001 (Qld):
Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
Western Australia:
Made under the Emergency Management Act 2005 (WA):
ii. Case law
This is an area of substantive law that may result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
F. Utilities & Resources
i. Legislation
New South Wales:
Electricity Supply Act 1995 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): Item [1] of the amendments constitutes the energy security safeguard, whose object is to improve the affordability, reliability and sustainability of energy through the creation of financial incentives that encourage the consumption, contracting or supply of energy in particular ways. The safeguard consists of the energy savings scheme under the Electricity Supply Act 1995 (NSW) and any other schemes that may be created, by regulation, to give effect to the object of the safeguard. Items [5]–[9] make consequential amendments. Item [4] postpones the date of automatic termination of the energy savings scheme from the end of 2025 to the end of 2050. Items [2] and [3] make consequential amendments.
Waste Avoidance and Resource Recovery Act 2001 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): permits the Environment Protection Authority (the EPA) to exempt a person, or class of persons, from provisions of the principal Act or regulations or agreements or arrangements made under the principal Act, if the EPA is satisfied the exemption is reasonable for the purposes of responding to the COVID-19 pandemic. The exemption is granted by order published in the Gazette. The provisions authorising the granting of exemptions are repealed on 26 September 2020 or a later day prescribed by regulations under the principal Act. The later day prescribed by the regulations cannot be later than 26 March 2021.
Amendments to the following pieces of legislation by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW) to permit various officers to require persons to answer questions by audio or audio visual link:
- Mining Act 1992 (NSW); and
- Water Management Act 2000 (NSW).
Queensland:
Made under the COVID-19 Emergency Response Act 2020 (Qld), Food Act 2006 (Qld) and Pest Management Act 2001 (Qld):
- Health Legislation (COVID-19 Emergency Response) Regulation 2020: to extend statutory time limits relating to applications and reviews under the Food Act 2006 (Qld) and Pest Management Act 2001 (Qld). The regulation will facilitate effective administration and manage potential disruption for the food and pest control industries as a result of the COVID-19 emergency.
Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
Western Australia:
Made under the Emergency Management Act 2005 (WA):
- Public Authorities – Delivery of Goods and Collection of Rubbish and Refuse Directions
- Public Authorities (Rottnest Island Authority) Directions
ii. Case law
This is an area of substantive law that may result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
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