Environmental Protection Act 1994 (Qld)

Environmental Protection Act 1994

An Act about the protection of Queensland’s environment

Chapter 1    Preliminary

Part 1    Introductory provisions

1   Short title

This Act may be cited as the Environmental Protection Act 1994.

2   [Repealed]

Part 2    Object and achievement of Act

3   Object

The object of this Act is to protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecologically sustainable development).

4   How object of Act is to be achieved

(1)The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.

(2)The program is cyclical and involves the following phases—

(a)phase 1—establishing the state of the environment and defining environmental objectives;

(b)phase 2—developing effective environmental strategies;

(c)phase 3—implementing environmental strategies and integrating them into efficient resource management;

(d)phase 4—ensuring accountability of environmental strategies.

(3)The relationship between each of the phases is shown in the figure appearing at the end of this Act.

(4)Phase 1 is achieved by—

(a)researching the state of the environment, including essential ecological processes; and

(b)deciding environmental values to be protected or achieved by consulting industry, government departments and the community.

(5)Phase 2 is achieved by—

(a)developing environmental protection policies that, among other things—

(i)decide environmental indicators; and

(ii)establish ambient and emission standards for contaminants; and

(iii)require waste management, including waste prevention and minimisation; and

(iv)advise on management practices; and

(b)promoting environmental responsibility and involvement within the community.

(6)Phase 3 is achieved by—

(a)integrating environmental values into land use planning and management of natural resources; and

(b)ensuring all reasonably practicable measures are taken to protect environmental values from all sources of environmental harm; and

(c)monitoring the impact of the release of contaminants into the environment; and

(d)requiring persons who cause environmental harm to pay costs and penalties for the harm.

(7)Phase 4 is achieved by—

(a)reviewing the results of human activities on the environment; and

(b)evaluating the efficiency and effectiveness of environmental strategies; and

(c)reporting publicly on the state of the environment.

5   Obligations of persons to achieve object of Act

If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in the way that best achieves the object of this Act.

6   Community involvement in administration of Act

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, industry, Aboriginal peoples and Torres Strait Islander peoples under Aboriginal tradition and Island custom, interested groups and persons and the community generally.

6A   Principles of environmental protection

(1)This Act is to be administered having regard to—

(a)the following principles of environmental policy as set out in the Intergovernmental Agreement on the Environment—

(i)the precautionary principle;

(ii)intergenerational equity;

(iii)conservation of biological diversity and ecological integrity;

(iv)improved valuation, pricing and incentive mechanisms (which includes the principle known as the principle of polluter pays); and

(b)the principle (known as the principle of proportionality) that a decision, action or thing directed towards minimising harm or a risk of harm to the environment should be proportionate to the harm or risk of harm that is being addressed; and

(c)the principle (known as the principle of primacy of prevention) that prevention of harm to the environment is preferred to remedial or mitigation measures.

(2)If a provision of this Act requires the chief executive or administering authority to consider, or have regard to, the standard criteria, the chief executive or administering authority—

(a)must consider, or have regard to, the standard criteria; and

(b)need not but may consider, or have regard to, any other principle mentioned in subsection (1).

Part 3    Interpretation

Division 1 Dictionary

7   Definitions—dictionary

The dictionary in schedule 4 defines particular words used in this Act.

7A   [Repealed]

Division 2 Key concepts

Subdivision 1 The environment and its values

8   Environment

Environment includes—

(a)ecosystems and their constituent parts, including people and communities; and

(b)all natural and physical resources; and

(c)the physical characteristics of locations, places and areas, however large or small; and

(d)the physical surroundings of people, including the land, waters, atmosphere, climate, sound, odours and tastes; and

(e)the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (d).

9   Environmental value

Environmental value is—

(a)a quality or physical characteristic of the environment that is conducive to ecological health; or

(b)a quality or physical characteristic of the environment that is conducive to public health, safety or amenity; or

(c)a quality or physical characteristic of the environment that contributes to its biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; or

(d)another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.

Subdivision 2 Environmental contamination

10   Contamination

Contamination of the environment is the release (whether by act or omission) of a contaminant into the environment.

11   Contaminant

A contaminant can be—

(a)a gas, liquid or solid; or

(b)an odour; or

(c)an organism (whether alive or dead), including a virus; or

(d)energy, including noise, heat, radioactivity and electromagnetic radiation; or

(e)a combination of contaminants.

12   Noise

Noise includes vibration of any frequency, whether emitted through air or another medium.

13   [Repealed]

Subdivision 3 Environmental harm and nuisance

14   Environmental harm

(1)Environmental harm is any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance.

(2)Environmental harm may be caused by an activity—

(a)whether the harm is a direct or indirect result of the activity; or

(b)whether the harm results from the activity alone or from the combined effects of the activity and other activities or factors.

15   Environmental nuisance

Environmental nuisance is unreasonable interference or likely interference with an environmental value caused by—

(a)aerosols, fumes, light, noise, odour, particles or smoke; or

(b)an unhealthy, offensive or unsightly condition because of contamination; or

(c)another way prescribed by regulation.

16   Material environmental harm

(1)Material environmental harm is environmental harm—

(a)that is not trivial or negligible in nature, extent or context; or

(b)that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount but less than the maximum amount; or

(c)that results in costs of more than the threshold amount but less than the maximum amount being incurred in taking appropriate action to—

(i)prevent or minimise the harm; and

(ii)rehabilitate or restore the environment to its condition before the harm.

(2)The chief executive must ensure a threshold amount calculated under subsection (3), definition threshold amount, paragraph (b) is published on the department’s website during the financial year to which it relates.

(3)In this section—

maximum amount means the threshold amount for serious environmental harm.

threshold amount means—

(a)for the financial year ending 30 June 2023—$10,000; or

(b)for a later financial year—the threshold amount for the financial year immediately preceding the later financial year (the previous financial year) increased by the consumer price index for the previous financial year.

17   Serious environmental harm

(1)Serious environmental harm is environmental harm—

(a)that is irreversible, of a high impact or widespread; or

(b)caused to—

(i)an area of high conservation value; or

(ii)an area of special significance, such as the Great Barrier Reef World Heritage Area; or

(c)that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or

(d)that results in costs of more than the threshold amount being incurred in taking appropriate action to—

(i)prevent or minimise the harm; and

(ii)rehabilitate or restore the environment to its condition before the harm.

(2)The chief executive must ensure a threshold amount calculated under subsection (3), definition threshold amount, paragraph (b) is published on the department’s website during the financial year to which it relates.

(3)In this section—

threshold amount means—

(a)for the financial year ending 30 June 2023—$100,000; or

(b)for a later financial year—the threshold amount for the financial year immediately preceding the later financial year (the previous financial year) increased by the consumer price index for the previous financial year.

17A   Exclusions

Despite sections 14 and 15, a thing stated in schedule 1, part 2 is not environmental harm or environmental nuisance.

Subdivision 4 Environmentally relevant activities

18   Meaning of environmentally relevant activity

Each of the following is an environmentally relevant activity—

(a)an agricultural ERA as defined under section 79;

(b)a resource activity as defined under section 107;

(c)an activity prescribed under section 19 as an environmentally relevant activity.

19   Environmentally relevant activity may be prescribed

(1)A regulation may prescribe an activity as an environmentally relevant activity if the Governor in Council is satisfied—

(a)that—

(i)a contaminant will or may be released into the environment when the activity is carried out; and

(ii)the release of the contaminant will or may cause environmental harm; or

(b)the activity will or may otherwise adversely affect an environmental value of the marine environment.

(1A)Without limiting subsection (1), a regulation under that subsection may prescribe an activity carried out in a relevant Great Barrier Reef Marine Park area as an environmentally relevant activity.

(2)To remove any doubt, a regulation made under subsection (1) may not modify the definition of an agricultural ERA or a resource activity.

(3)In this section—

Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth).

relevant Great Barrier Reef Marine Park area means an area—

(a)partly within the State and partly outside the State, but within the Great Barrier Reef Marine Park; or

(b)of which—

(i)part is within the State but not within the Great Barrier Reef Marine Park; and

(ii)part is outside the State but within the Great Barrier Reef Marine Park.

19A   Interaction between prescribed ERAs and resource activities

(1)This section applies in relation to an environmental authority for a resource activity if 1 or more activities (each an ancillary activity) carried out under the authority as part of a resource activity is also a prescribed ERA.

(2)The resource activity is taken to be comprised of—

(a)the ancillary activities; and

(b)the other activities carried out under the authority as a resource activity.

(3)The ancillary activities are taken to be resource activities for the purpose of applications for an environmental authority.

(4)However, the ancillary activities are taken to be prescribed ERAs for the purpose of the following—

(a)the power to impose conditions on the environmental authority under chapter 5, part 5, division 6;

(b)the fees that apply to the environmental authority under this Act.

20   [Repealed]

Subdivision 5 Environmental management

21   Best practice environmental management

(1)The best practice environmental management of an activity is the management of the activity to achieve an ongoing minimisation of the activity’s environmental harm through cost-effective measures assessed against the measures currently used nationally and internationally for the activity.

(2)In deciding the best practice environmental management of an activity, regard must be had to the following measures—

(a)strategic planning by the person carrying out, or proposing to carry out, the activity;

(b)administrative systems put into effect by the person, including staff training and monitoring and review of the systems;

(c)public consultation carried out by the person;

(d)product and process design;

(e)waste prevention, treatment and disposal.

(3)Subsection (2) does not limit the measures to which regard may be had in deciding the best practice environmental management of an activity.

Subdivision 6 Prescribed conditions

21A   Meaning of prescribed condition

(1)A prescribed condition, for a small scale mining activity, is a condition prescribed under a regulation for the carrying out of the activity.

Example of a prescribed condition—

a condition about rehabilitating land

(2)It is also a prescribed condition for carrying out a small scale mining activity that the holder of the mining tenure (a small scale mining tenure) for the activity must not carry out, or allow the carrying out of, the activity unless the holder has given a surety—

(a)of the amount prescribed by regulation; and

(b)in the form approved by the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 56.

(3)However, subsection (2) does not apply if the holder’s small scale mining tenure is a prospecting permit.

Part 4    Operation of Act

22   Act binds all persons

This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

23   Relationship with other Acts

(1)This Act is in addition to, and does not limit, any other Act.

(2)If this Act conflicts with an Act as follows, that Act prevails, but only to the extent of the conflict—

•Ambulance Service Act 1991

•Biosecurity Act 2014

•Disaster Management Act 2003

•Fire Services Act 1990

•Public Safety Preservation Act 1986, part 3

•Radiation Safety Act 1999

•Transport Operations (Marine Pollution) Act 1995.

24   Effect of Act on other rights, civil remedies etc.

(1)This Act does not limit any civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that an obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of the general environmental duty or the duty to restore the environment does not, of itself, give rise to a civil right or remedy.

25   Extra-territorial application of Act

A person commits an offence against this Act if—

(a)the person causes environmental harm within the State by conduct engaged in outside the State; and

(b)the conduct would constitute the offence against this Act if it were engaged in by the person within the State.

Chapter 2    Environmental protection policies

26   Minister may make policies

The Minister may make environmental protection policies to enhance or protect Queensland’s environment.

27   Scope of policies

(1)An environmental protection policy may be made about the environment or anything that affects or may affect the environment.

(2)Without limiting subsection (1), an environmental protection policy may be made about any of the following—

(a)a contaminant, including, for example, an ozone depleting substance;

(b)an industry or activity;

(c)a technology or process;

(d)an environmental value;

(e)waste management;

(f)contamination control practice;

(g)land, air or water quality;

(h)noise;

(i)litter.

28   Contents of policies

(1)An environmental protection policy must—

(a)state that the policy applies to the environment generally or to an aspect or part of the environment specified in the policy; and

(b)identify the environmental values to be enhanced or protected under the policy.

(2)An environmental protection policy may—

(a)state the objectives to be achieved and maintained under the policy; or

(b)state indicators, parameters, factors or criteria to be used in measuring or deciding any quality or condition of the environment; or

(c)establish a program by which the stated objectives are to be achieved and maintained, including, for example, the following—

(i)quantifying ambient conditions;

(ii)the qualities and maximum quantities of any contaminant permitted to be released into the environment;

(iii)the minimum standards to be complied with in the installation or operation of vehicles, plant or equipment for the control of contaminants or waste from stated sources or places;

(iv)measures designed to protect the environment or minimise the possibility of environmental harm; or

(d)provide for a program performance assessment procedure.

(3)An environmental protection policy may make provision about anything about which a regulation may be made under this Act, and, in particular—

(a)prescribing offences for contraventions of the policy; and

(b)fixing a maximum penalty of a fine of not more than 40 penalty units for the contravention.

29   [Repealed]

30   [Repealed]

31   [Repealed]

32   [Repealed]

33   Policies are subordinate legislation

An environmental protection policy is subordinate legislation and does not have effect until it is approved by the Governor in Council.

34   Giving effect to policies

On approval of an environmental protection policy, the administering authority must give effect to the policy.

34DK   [Repealed]

35   [Repealed]

36   [Repealed]

Chapter 3    Environmental impact statements

Part 1    EIS process

Division 1 Preliminary

Subdivision 1 Application

37   When EIS process applies

(1)This part applies for a project, other than a coordinated project, if—

(a)an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or

(b)an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or

(c)an EIS has been required for the project under an Act as follows for which it has, under the Act, been decided or required that this part applies to the preparation of the EIS—

(i)the Commonwealth Environment Act;

(ii)the State Development Act;

Note—

See the State Development Act, part 4, division 2 and division 3, subdivision 1.

(iii)another State Act or another Commonwealth Act; or

(d)the voluntary preparation of an EIS for the project has been approved under part 2; or

(e)the chief executive has, under part 3—

(i)decided that an EIS would be required under this Act for an application for an environmental authority for the project; or

(ii)approved the voluntary preparation of an EIS for the project; or

(f)the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.

(2)However, an EIS under this Act can not be used for making a decision under the Planning Act, other than a decision in relation to a project mentioned in subsection (1)(a) or (b).

(3)In this section—

authority, for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the Commonwealth Environment Act.

EIS includes a statement, however called, that is similar to an EIS.

project includes—

(a)a development or proposed development; and

(b)an action or proposed action; and

(c)a plan or policy.

Subdivision 2 Definitions for part 1

38   Who is an affected person for a project

(1)A person is an affected person for a project if the person is—

(a)a person mentioned in subsection (2) for the operational land or any land joining it; or

(b)any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land—

(i)a registered native title body corporate;

(ii)a registered native title claimant;

(iii)a representative Aboriginal/Torres Strait Islander body; or

(c)a relevant local government for the operational land.

(2)For subsection (1)(a), the persons are as follows—

(a)for freehold land—a registered proprietor;

(b)for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 (Land Act), section 276—a person recorded in the register as the registered holder of the interest;

(c)for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure;

(d)for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure;

(e)for land under the Land Act or the Nature Conservation Act 1992 (NCA) for which there are trustees—a trustee of the land;

(f)for Aboriginal land under the Aboriginal Land Act 1991 (ALA) that is taken to be a reserve because of section 202(2) or (4)(b) of that Act—the trustee of the land;

(g)for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991—a trustee for the land;

(i)for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act—the trustee of the land;

(j)for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013, is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee;

(k)for land that is any of the following, the State—

(i)unallocated State land;

(ii)a reserve under the Land Act for which there is no trustee;

(iii)a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA;

(iv)a conservation park or resources reserve under the NCA for which there are no trustees;

(v)a State forest or timber reserve under the Forestry Act 1959;

(vi)a State-controlled road;

(vii)a fish habitat area under the Fisheries Act 1994;

(l)another person prescribed under a regulation.

39   Other definitions

In this part—

comment period, for an EIS, means the comment period for the EIS under section 42(2)(e) and (3) or section 68(3)(b)(i).

draft terms of reference, for an EIS, means draft terms of reference submitted under section 41 or resubmitted under section 41B.

environmental management plan ...

final terms of reference, for an EIS, means the final terms of reference for the EIS published under section 46.

interested person means an interested person proposed by the proponent under section 41(3)(b).

operational land means the land on which the project is to be carried out.

person includes a body of persons, whether incorporated or unincorporated.

properly made submission see section 55(2).

proponent means the person who proposes the project to which this part applies.

submission period, for an EIS, means—

(a)the submission period for the EIS under section 52(1)(e) and (2); or

(b)if section 68 applies—any new submission period fixed under section 68(3)(b)(ii).

Subdivision 3 Purposes of EIS and EIS process

40   Purposes

The purposes of an EIS and the EIS process are as follows—

(a)to assess—

(i)the potential adverse and beneficial environmental, economic and social impacts of the project; and

(ii)management, monitoring, planning and other measures proposed to minimise any adverse environmental impacts of the project;

(b)to consider feasible alternative ways to carry out the project;

(c)to give enough information about the matters mentioned in paragraphs (a) and (b) to the proponent, Commonwealth and State authorities and the public;

(d)to help the administering authority decide an environmental authority application for which the EIS is required;

(e)to give information to other Commonwealth and State authorities to help them make informed decisions;

(f)to meet any assessment requirements under—

(i)the Commonwealth Environment Act for a project that is, or includes, a controlled action under that Act; or

(ii)a bilateral agreement;

Note—

For what is a controlled action under the Commonwealth Environment Act, see section 67 (What is a controlled action?) of that Act.

For assessment requirements of controlled actions, see the Commonwealth Environment Act, chapter 4, part 8 (Assessing impacts of controlled actions).

For bilateral agreements, see the Commonwealth Environment Act, chapter 3 (Bilateral agreements).

(g)to allow the State to meet its obligations under a bilateral agreement.

40A   [Repealed]

Division 2 Terms of reference stage

Subdivision 1 Draft terms of reference

41   Submission

(1)The proponent must submit to the chief executive draft terms of reference for the EIS that allow the purposes of the EIS to be achieved for the project.

(2)The submitted draft must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation; and

(c)include any matter prescribed under a regulation.

(3)Also, if an approval has not been given under part 2 for the project, the submitted draft must be accompanied by the following—

(a)a written description of the project and the operational land;

(b)a list stating the name and address of each person the proponent proposes as an interested person for the project;

Example of persons who may be proposed as an interested person—

an unincorporated community or environmental body with a financial or non-financial interest in the local government area that the operational land is in

(c)a statement of how the proponent proposes to consult with the interested persons;

(d)a list of the names and addresses of the affected persons for the project;

(e)a summary of the potential adverse environmental impacts of the project, and the measures proposed to avoid or minimise the adverse impacts.

41A   Decision on draft terms of reference

(1)The chief executive must, within 15 business days after the draft terms of reference is submitted—

(a)review the draft and any documents accompanying the draft; and

(b)decide whether to allow the draft to proceed to public notification under subdivision 2; and

(c)give the proponent a notice under subsection (4) or section 42(1).

(2)The period mentioned in subsection (1) may be extended if, before the decision is made, the proponent agrees in writing to the extension.

(3)The chief executive must refuse to allow the draft to proceed to public notification if, having regard to the draft—

(a)the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project—

(i)would contravene a law of the Commonwealth or the State; or

(ii)would give rise to an unacceptable risk of serious or material environmental harm; or

(iii)would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or

(iv)would have an unacceptable adverse impact on an area of cultural heritage significance; or

(b)the chief executive is required to refuse to allow the draft to proceed under a regulatory requirement.

(4)If the chief executive refuses to allow the draft to proceed to public notification, the chief executive must give the proponent an information notice for the decision that also states—

(a)if the proponent has not previously resubmitted the draft under section 41B— that the proponent may resubmit an amended draft terms of reference for a decision under section 41B within 20 business days after the notice is given or, if the chief executive agrees to a different period, the different period; or

(b)if the proponent has previously resubmitted the draft under section 41B—

(i)that the proponent can not further resubmit the draft terms of reference; but

(ii)the proponent may submit a new draft terms of reference under section 41 in relation to the project.

41B   Proponent may resubmit draft terms of reference

(1)This section applies if the chief executive refuses, under section 41A, to allow the draft terms of reference to proceed.

(2)The proponent may resubmit, with changes, the submitted draft terms of reference to the chief executive within—

(a)20 business days after the information notice for the decision is given under section 41A(4); or

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period.

(3)The proponent may resubmit the draft under this section only once.

(4)Section 41A applies in relation to the resubmitted draft terms of reference.

(5)Nothing in this section prevents the proponent from submitting a new draft terms of reference under section 41 in relation to the same project.

Subdivision 2 Public notification of draft terms of reference

42   Preparation of TOR notice

(1)If, under section 41A(1)(b), the chief executive decides to allow the draft terms of reference to proceed to public notification, the chief executive must give the proponent written notice about the draft (the TOR notice) for public notification.

(2)The notice must state the following—

(a)a description of the project and the operational land;

(b)that the proponent has prepared draft terms of reference for the EIS;

(c)where or how the draft may be obtained;

Note—

See section 65 (Public access to draft terms of reference or submitted EIS).

(d)that anyone may make written comments to the chief executive about the draft;

(e)a period decided by the chief executive (the comment period) during which comments may be made;

(f)another matter prescribed under a regulation.

(3)The comment period must not end before 30 business days after the notice is published.

43   Public notification

(1)The chief executive must publish the TOR notice within 5 business days after giving it to the proponent.

Note—

See section 558 (Publication of decision or document by administering authority).

(2)The proponent must, if asked by the chief executive, pay the chief executive’s reasonable costs incurred in publishing the notice.

(3)The proponent must, within the 5 business days, give a copy of the notice to—

(a)each affected person for the project; and

(b)each interested person; and

(c)any other person decided by the chief executive.

(4)The chief executive may decide another person for subsection (3)(c) only by giving the proponent an information notice about the decision before the notice is published.

44   Proponent to be given comments

The chief executive must, within 10 business days after the comment period ends, give the proponent a copy of all comments received by the chief executive within the period.

45   Advice to chief executive

The proponent must, within the period prescribed under a regulation, give the chief executive—

(a)a written summary of the comments; and

(b)a statement of the proponent’s response to the comments; and

(c)any amendments of the draft terms of reference the proponent proposes because of the comments.

Subdivision 3 Final terms of reference

46   Finalising terms of reference

(1)The chief executive must, within the period prescribed under a regulation, do the following—

(a)consider the documents mentioned in section 45;

(b)prepare the final terms of reference;

(c)give the proponent a copy of the final terms of reference;

(d)publish the final terms of reference.

(2)The proponent must, if asked by the chief executive, pay the chief executive’s reasonable costs incurred in publishing the final terms of reference.

Division 3 Submission stage

47   When EIS may be submitted

(1)The proponent may submit the EIS to the chief executive only within—

(a)2 years after the final terms of reference are given to the proponent; or

(b)any longer period decided by the chief executive before the 2 years ends.

(2)The submitted EIS must be accompanied by the fee prescribed under a regulation.

(3)If an EIS is not submitted under subsection (1)—

(a)the final terms of reference cease to have effect; and

(b)division 2 must be complied with again before the EIS may be submitted.

47A   [Repealed]

48   Chief executive may require copies of EIS

(1)The chief executive may, at any time before the submission period ends, by written notice require the proponent to give the chief executive a stated number of copies of the submitted EIS that the chief executive requires.

(2)The notice may require—

(a)the copies to be in hard copy form or in an electronic form or forms; and

(b)a stated part of the stated number to be given in hard copy form and a stated part of the number to be given in an electronic form or forms.

49   Decision on whether EIS may proceed

(1)The chief executive must consider the submitted EIS and, within 20 business days after the EIS is submitted (the decision period), decide to—

(a)allow the submitted EIS to proceed under division 4, with or without conditions; or

(b)refuse to allow the submitted EIS to proceed.

(2)The chief executive may extend the decision period by up to 12 months if—

(a)the proponent agrees in writing to the extension; and

(b)the chief executive has not previously extended the decision period for the submitted EIS.

(3)The chief executive may allow the EIS to proceed only if the chief executive considers it addresses the final terms of reference in an acceptable form.

(3A)Also, the chief executive must refuse to allow the EIS to proceed if, having regard to the submitted EIS—

(a)the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project—

(i)would contravene a law of the Commonwealth or the State; or

(ii)would give rise to an unacceptable risk of serious or material environmental harm; or

(iii)would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or

(iv)would have an unacceptable adverse impact on an area of cultural heritage significance; or

(b)the chief executive is required to refuse to allow the EIS to proceed under a regulatory requirement.

(4)If the decision is to allow the EIS to proceed, the chief executive may also fix a minimum period for the making of submissions about the EIS.

(5)However, the period fixed must be at least 30 business days and must end at least 30 business days after the EIS notice is published.

(5A)Subsection (5B) applies if—

(a)under the final terms of reference for the EIS, the EIS submitted by the proponent includes a proposed PRC plan; and

(b)the proposed PRCP schedule for the plan identifies an area of land as a non-use management area under section 126D(2)(b); and

(c)the chief executive decides to allow the EIS to proceed.

(5B)The chief executive must, as soon as practicable after making the decision, ask a qualified entity to—

(a)carry out a public interest evaluation for each area of land mentioned in subsection (5A)(b); and

(b)give the chief executive a report about the evaluation that complies with section 316PB.

(5C)The request under subsection (5B)—

(a)must be in writing; and

(b)must require the report to be given to the chief executive within—

(i)a stated period of not more than 12 months; or

(ii)if the chief executive decides to extend the period mentioned in subparagraph (i) by not more than 6 months—the extended period.

(6)The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision and of any submission period fixed.

(7)If the decision is to refuse to allow the EIS to proceed, or to allow the EIS to proceed on conditions, the notice must be an information notice for the decision that also states—

(a)if the proponent has not previously resubmitted the EIS under section 49A—that the proponent may resubmit the EIS under that section; or

(b)if the proponent has previously resubmitted the EIS under section 49A—that the proponent can not further resubmit the EIS under that section.

(8)In this section—

qualified entity means an entity, other than the proponent, that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation.

49A   Proponent may resubmit EIS

(1)This section applies if—

(a)the chief executive decides, under section 49, to refuse to allow the EIS to proceed, or to allow the EIS to proceed on conditions; and

(b)the EIS has not previously been resubmitted under this section.

(2)The proponent may resubmit, with changes, the EIS to the chief executive within—

(a)3 months after the day notice of the decision is given to the proponent under section 49(6); or

(b)if the chief executive and the proponent have, within the 3 months, agreed to a different period—the different period.

(3)The proponent may resubmit the EIS under subsection (2) only once.

(4)The resubmitted EIS must be accompanied by the fee prescribed by regulation.

(5)The following provisions apply to the resubmitted EIS as if a reference in the provision to an EIS or submitted EIS were a reference to the resubmitted EIS—

(a)section 48;

(b)section 49.

(6)If the EIS is resubmitted because the chief executive decided to allow the EIS to proceed on conditions—

(a)without limiting section 49(3), the chief executive may allow the EIS to proceed only if the chief executive considers the conditions have been met; and

(b)the notice given under section 49(6) must include the decision mentioned in paragraph (a).

50   [Repealed]

Division 4 Notification stage

Subdivision 1 Public notice requirements

51   Public notification

(1)This section applies if the chief executive decides to allow an EIS to proceed and gives the proponent a notice about the decision under section 49(6).

(2)Within 20 business days after the giving of the notice, the proponent must—

(a)give written notice about the EIS (the EIS notice) to—

(i)each affected person for the project; and

(ii)each interested person; and

(iii)any other person decided by the chief executive; and

(b)after giving the EIS notice under paragraph (a), publish the EIS notice—

(i)on a website; and

(ii)in another way prescribed under a regulation or decided by the chief executive; and

(c)make a copy of the submitted EIS available on a website.

(3)The chief executive may decide another person for subsection (2)(a)(iii) or another way of publishing the EIS notice for subsection (2)(b)(ii) only by giving the proponent an information notice about the decision before the notice is published.

(4)The proponent must keep the information mentioned in subsection (2)(b) and (c) available on a website from the start of the submission period until—

(a)if the proponent is given notice by the chief executive under section 56A(5) that the submitted EIS may not proceed and the proponent does not apply for a review of or appeal against the decision—the day the notice is given; or

(b)if the proponent is given notice by the chief executive under section 56A(5), as applied by section 56AA(5), that the submitted EIS may not proceed—the day the notice is given; or

(c)if paragraphs (a) and (b) do not apply—the day that is 2 years after the chief executive gives the proponent an EIS assessment report under section 57(2).

(5)This section is subject to section 68.

52   Required content of EIS notice

(1)The EIS notice must be in the approved form and state the following—

(a)a description of the project and the operational land;

(b)where the submitted EIS may be inspected;

(c)where copies of, or extracts from, the submitted EIS may be obtained;

(d)that anyone may make a submission to the chief executive about the submitted EIS;

(e)the period (the submission period) during which submissions may be made;

(f)how to make a properly made submission;

(g)another matter prescribed under a regulation.

Note—

For paragraphs (b) and (c), see sections 65 (Public access to draft terms of reference or submitted EIS), 540A (Registers to be kept by chief executive) and 542 (Inspection of register).

(2)The submission period must be at least 30 business days and must end after the later of the following to end—

(a)any minimum period for the making of submissions about the EIS fixed by the chief executive under section 49(4) before the notice is published under section 51(2)(b);

(b)20 business days after the publication.

53   Declaration of compliance

(1)The proponent must, within 10 business days after the EIS notice is published, give the chief executive a statutory declaration declaring—

(a)whether or not the proponent has complied with the notice requirements under sections 51 and 52; and

(b)the name and address of each person to whom the EIS notice was given under section 51.

(2)A copy of the EIS notice must be attached to the declaration.

(3)The proponent is taken to have complied with the requirements if—

(a)a declaration is given under this section; and

(b)the declaration states the proponent has complied with the notice requirements.

Note—

For what happens if the declaration states the requirements have not been complied with, see section 68 (Substantial compliance with notice requirements may be accepted).

Subdivision 2 Submissions and response to report about public interest evaluation

54   Right to make submission

A person may, within the submission period, make a submission to the chief executive about the submitted EIS.

55   Acceptance of submissions

(1)The chief executive must accept a submission if it—

(a)is written; and

(b)is signed by or for each person (signatory) who made the submission; and

(c)states the name and address of each signatory; and

(d)is made to the chief executive; and

(e)is received on or before the last day of the submission period.

(2)A submission that complies with subsection (1) is called a properly made submission.

(3)The chief executive may accept a written submission even if it is not a properly made submission.

56   Response to submissions

(1)The chief executive must, within 10 business days after the submission period ends, give the proponent a copy of the following documents—

(a)each submission accepted by the chief executive;

(b)if a public interest evaluation has been carried out for a proposed non-use management area for the project—the report about the public interest evaluation.

(1A)However, if the report mentioned in subsection (1)(b) is received by the chief executive after the submission period ends, the chief executive must give the proponent copies of the documents mentioned in subsection (1) within 10 business days after the report is received by the chief executive.

(1B)If subsection (1)(b) applies, the chief executive must also, subject to section 316PE, give a copy of the report to each person who made a submission under section 54 about the EIS at the same time as the chief executive gives the proponent a copy of the report.

(2)The proponent must, within the relevant period, consider the submissions and give the chief executive—

(a)a summary of the submissions; and

(b)a statement of the proponent’s response to the submissions; and

(c)if subsection (1)(b) applies—a statement of the proponent’s response to the report; and

(d)any amendments of the submitted EIS because of the submissions or report, together with an EIS amendment notice under section 66 for the amendments.

(3)In this section—

relevant period means—

(a)generally—

(i)if section (1)(b) applies and an entity asks for a review of the report under section 316PC—20 business days after notice of the reviewing entity’s decision is given to the proponent under section 316PC(7); or

(ii)otherwise—20 business days after the proponent is given a copy of all submissions accepted by the chief executive; or

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period.

56A   Assessment of adequacy of response to submission and submitted EIS

(1)This section applies if—

(a)a submission is accepted by the chief executive under section 55; or

(b)a public interest evaluation is carried out for a proposed non-use management area for the project.

(2)The chief executive must, within 20 business days after the relevant period under section 56—

(a)consider the submitted EIS and the documents given under section 56(2); and

(b)decide whether to allow the submitted EIS to proceed under divisions 5 and 6.

(3)The period may be extended if, at any time before the decision is made, the proponent has agreed in writing to the extension.

(4)The chief executive may allow the submitted EIS to proceed only if the chief executive considers—

(a)the proponent’s response to the submission, and any report about a public interest evaluation, is adequate; and

(b)the submitted EIS is consistent with the recommendations made in any report about a public interest evaluation; and

(c)the proponent has made all appropriate amendments to the submitted EIS because of the submission and any report about a public interest evaluation.

(4A)The chief executive must refuse to allow the submitted EIS to proceed if, having regard to the submitted EIS—

(a)the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project—

(i)would contravene a law of the Commonwealth or the State; or

(ii)would give rise to an unacceptable risk of serous or material environmental harm; or

(iii)would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or

(iv)would have an unacceptable adverse impact on an area of cultural heritage significance; or

(b)the chief executive is required to refuse to allow the submitted EIS to proceed under a regulatory requirement.

(5)The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision.

(6)If the decision is to refuse to allow the submitted EIS to proceed, the chief executive must give the proponent an information notice for the decision that also states—

(a)if the proponent has not previously resubmitted the EIS under section 56AA—that the proponent may resubmit the EIS under that section; or

(b)if the proponent has previously resubmitted the EIS under section 56AA—that the proponent can not further resubmit the EIS under that section.

56AA   Proponent may resubmit EIS

(1)This section applies if the chief executive decides, under section 56A, to refuse to allow the EIS to proceed.

(2)The proponent may resubmit, with changes, the submitted EIS and the proponent’s response to the submission or report mentioned in section 56A(1) to the chief executive within—

(a)20 business days after notice of the decision is given to the proponent under section 56A(5); or

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period.

(3)The proponent may resubmit under subsection (2) only once.

(4)A resubmitted EIS must be accompanied by the fee prescribed by regulation.

(5)Section 56A applies to the resubmitted EIS and response to submission or report as if a reference in the provision to a submitted EIS or the proponent’s response to the submission or report were a reference to the resubmitted EIS or proponent’s response to the submission or report.

56B   [Repealed]

Division 5 EIS assessment report

57   EIS assessment report

(1)This section applies only if the chief executive has given the proponent a notice under section 56A(5), including as applied by section 56AA(5), of a decision that the submitted EIS may proceed under this division and division 6.

(2)The chief executive must give the proponent a report (an EIS assessment report) about the submitted EIS within 30 business days after—

(a)if, at the end of the submission period, the chief executive has accepted any submissions—the day the notice mentioned in subsection (1) was given; or

(b)otherwise—the end of the submission period.

Note—

For public inspection of the EIS assessment report, see sections 540A (Registers to be kept by chief executive) and 542 (Inspection of register).

58   Criteria for preparing report

In preparing an EIS assessment report, the chief executive must consider the following—

(a)the final terms of reference for the EIS;

(b)the submitted EIS;

(c)all properly made submissions and any other submissions accepted by the chief executive;

(d)the standard criteria;

(e)another matter prescribed under a regulation.

59   Required content of report

An EIS assessment report must—

(a)address the adequacy of the EIS in addressing the final terms of reference; and

(b)address the adequacy of any management, monitoring, planning or other measures for minimising adverse environmental impacts for the project; and

(c)make recommendations about the suitability of the project; and

(d)recommend any conditions on which any approval required for the project may be given; and

(e)contain another matter prescribed under a regulation.

59A   Lapsing of EIS assessment report

(1)An EIS assessment report for a project lapses—

(a)on the day that is 3 years after the day the chief executive gives the proponent the EIS assessment report under section 57(2); or

(b)if, before the day mentioned in paragraph (a), the chief executive extends the period mentioned in that paragraph—on the day the extended period ends.

(2)However, if the proponent applies for an environmental authority before the EIS assessment report lapses under subsection (1), the report does not lapse until—

(a)if the application for the environmental authority is refused—the application is decided and any appeal against the decision is finalised or withdrawn; or

(b)if the application for the environmental authority is granted—the authority takes effect.

Division 6 Completion of process

60   When process is completed

(1)The process under this part is completed for an EIS when the proponent is given an EIS assessment report for the EIS.

(2)The process is taken to have been completed for a coordinated project if the Coordinator-General’s report for the EIS or IAR for the project has been given to the project’s proponent.

(3)The process is taken to have been completed for another project if—

(a)an EIS or a similar statement, however called, for the project has been—

(i)finalised under the Commonwealth Environment Act, section 104(1); or

(ii)completed under another Commonwealth Act or a State Act; and

(b)the chief executive decides the process under this part has been complied with, or substantially complied with, for the EIS or statement.

60A   [Repealed]

60B   [Repealed]

60C   [Repealed]

60D   [Repealed]

60E   [Repealed]

60F   [Repealed]

60G   [Repealed]

60H   [Repealed]

60I   [Repealed]

60J   [Repealed]

60K   [Repealed]

60L   [Repealed]

60M   [Repealed]

60N   [Repealed]

60O   [Repealed]

60P   [Repealed]

60Q   [Repealed]

60R   [Repealed]

60S   [Repealed]

60T   [Repealed]

60U   [Repealed]

60V   [Repealed]

60W   [Repealed]

60X   [Repealed]

60Y   [Repealed]

60Z   [Repealed]

60ZA   [Repealed]

60ZB   [Repealed]

60ZC   [Repealed]

60ZD   [Repealed]

60ZE   [Repealed]

60ZF   [Repealed]

Division 7 Miscellaneous provisions

Subdivision 1 Inquiries by chief executive

61   Application of sdiv 1

This subdivision applies during—

(a)any stage under divisions 2 to 6; and

(b)the taking of a step or the making of a decision within any stage under divisions 2 to 6.

Example of when subdivision applies—

1when the chief executive is preparing the final terms of reference

2when the proponent is preparing the EIS

3when the administering authority is preparing an EIS assessment report

61A   [Repealed]

62   Chief executive may seek advice, comment or information

(1)The chief executive may seek and consider relevant advice, comment or information from the proponent or another person.

(2)The request may be by public notice.

(3)If the request is made of the proponent, it must be written, and must state a reasonable period for the giving of the advice, comment or information sought.

63   Disclosure of relevant documents or information

The chief executive may give anyone a document or information if it—

(a)is mentioned in this part; or

(b)is required to be given to the chief executive under this part; or

(c)relates to the project or the process under this part.

64   Making of inquiry does not of itself alter EIS process

Asking for and receiving, or giving, a document or advice, comment or information under this subdivision does not—

(a)replace any public notice or other stage or step required under divisions 2 to 6; or

(b)extend or reduce the period required to take a step or make a decision under divisions 2 to 6; or

(c)affect or limit a provision of divisions 2 to 6 that allows the chief executive and the proponent to agree about the period for the taking of a step under the EIS process.

Subdivision 2 Public inspection

65   Public access to draft terms of reference or submitted EIS

If a person asks the proponent for a copy of the draft terms of reference for an EIS or the submitted EIS, the proponent must, on payment of the appropriate fee to the proponent, give the person the copy.

Note—

See also sections 540A (Registers to be kept by chief executive) and 542 (Inspection of register).

For the appropriate fee, see section 543 (Appropriate fee for copies).

Subdivision 3 Amending EIS

66   Amending EIS

(1)The proponent may amend or replace the submitted EIS (the original EIS) at any time before the EIS assessment report is given to the proponent.

(2)However, the submitted EIS can not be amended during the submission period for the EIS.

(3)Also, an amendment may be made only by giving the chief executive written notice of the amendment (an EIS amendment notice).

(4)An EIS amendment notice must be accompanied by the fee prescribed under a regulation.

(5)The submitted EIS is taken to be the original EIS, as amended from time to time by an EIS amendment notice given for the original EIS.

Subdivision 4 Effects of noncompliance with process

67   Process is suspended

(1)This section applies if the proponent—

(a)does not comply with a requirement under the EIS process for an EIS; or

(b)becomes entitled to take the next step under the process and has not taken the step.

(2)The following are suspended until the requirement is complied with or the step is taken—

(a)the EIS process for the EIS;

(b)any obligations of the chief executive under this part for the EIS.

(3)The proponent’s draft terms of reference or submitted EIS lapse on the later of the following days if the requirement has not been complied with or the step has not been taken—

(a)the first anniversary of the suspension;

(b)if the chief executive and the proponent have, before the first anniversary, agreed to a later day—the later day.

(4)This section is subject to sections 47 and 68.

68   Substantial compliance with notice requirements may be accepted

(1)If the proponent has not complied with the notice requirements under division 2, subdivision 2 or division 4, subdivision 1, the chief executive must decide whether to allow the EIS to proceed under this part as if the noncompliance had not happened.

(2)The chief executive may decide to allow the EIS to proceed only if the chief executive is satisfied there has been substantial compliance with the requirements.

(3)If the chief executive decides not to allow the EIS to proceed, the chief executive must, within 10 business days after the decision is made—

(a)fix a new period for compliance with the requirements (the new notice period); and

(b)either fix—

(i)if the noncompliance was with division 2, subdivision 2—a new comment period; or

(ii)if the noncompliance was with division 4, subdivision 1—a new submission period; and

(c)give the proponent an information notice about the decision not to allow the EIS to proceed and the decision about the new notice period.

(4)The information notice must state the new notice period and the new comment or submission period.

(5)The new notice period applies despite the period for giving the notice under section 43(3) or 51(2).

Part 2    Voluntary preparation of EIS

69   Purpose of pt 2

(1)The purpose of this part is to allow the proponent for a project to voluntarily prepare an EIS for the project by using the EIS process, if it is appropriate to do so.

(2)The purpose is achieved by providing for an approval process for the voluntary preparation of an EIS.

70   Projects that may be approved for EIS

(1)The proponent for a project may apply to the chief executive for approval to prepare an EIS for a project.

(2)However, an application can not be made for a project if—

(a)an EIS requirement is in force for an application under this Act relating to the project; or

(b)the Commonwealth Environment Act requires the project to be assessed under chapter 4, part 8 of that Act and the EIS process has not been decided as an accredited process under the Commonwealth Environment Act; or

Note—

See the Commonwealth Environment Act, sections 47 (Agreement may declare classes of actions do not need assessment) and 87 (Minister must decide on approach for assessment).

(c)an EIS or similar statement, however called, must be prepared for the project under another State Act and that Act does not allow the EIS or statement to be prepared under the EIS process.

70A   [Repealed]

71   Requirements for application

An approval application must be—

(a)in the approved form; and

(b)supported by enough information to allow the chief executive to decide whether an EIS is appropriate for the project; and

(c)supported by enough documents or information to establish that the applicant may enter land to which the project relates to carry out any necessary studies for the EIS; and

(d)accompanied by—

(i)the documents that, under section 41(3), must accompany a submitted draft terms of reference for an EIS; and

(ii)the fee prescribed under a regulation.

72   Deciding application

(1)The chief executive must consider the application and decide either to grant or refuse the approval.

(2)However, the chief executive may grant the approval only if the chief executive considers an EIS is appropriate for the project.

(3)The chief executive must, within 10 business days after the decision is made, give the proponent a written notice stating the decision, and the reasons for it.

Part 3    Decision about whether EIS may be required

73   Main purpose of part and its achievement

(1)The main purpose of this part is to allow a person who is considering applying for an environmental authority for a project to find out whether an EIS would be required for the application under this Act.

(2)The main purpose is achieved by providing for a process for the chief executive to decide whether an EIS would be required under this Act for an application for an environmental authority (an EA application) for a project.

73A   Proposed applicant may apply for decision about EIS

(1)A person may apply to the chief executive—

(a)for a decision about whether an EIS would be required under this Act for an EA application for a project; and

(b)for approval to prepare an EIS for a project if the chief executive decides an EIS would not be required under this Act for an EA application for the project.

(2)The application may be made—

(a)for only a decision under subsection (1)(a); or

(b)for a decision under subsection (1)(a) and, if applicable, an approval under subsection (1)(b).

73AA   [Repealed]

73B   Requirements for application

The application must be—

(a)in the approved form; and

(b)supported by enough information to allow the chief executive to decide whether an EIS would be required for an EA application for the project; and

(c)if the application includes an application for an approval under section 73A(1)(b)—

(i)supported by enough documents or information to establish that the applicant may enter land to which the project relates to carry out any necessary studies for the EIS; and

(ii)the documents that, under section 41(3), must accompany a submitted draft terms of reference for an EIS; and

(d)accompanied by the fee prescribed by regulation.

73C   Deciding application

(1)The chief executive must consider the application and decide—

(a)whether an EIS would be required under this Act for an EA application for the project; and

(b)if the application includes an application for an approval under section 73A(1)(b) and the chief executive decides an EIS would not be required under this Act for an EA application for the project—to grant or refuse the approval.

(2)In making a decision under subsection (1)(a), the chief executive must consider the standard criteria.

(3)The chief executive may grant an approval under subsection (1)(b) only if the chief executive considers an EIS is appropriate for the project.

(4)The chief executive must, within 10 business days after the decision is made, give the applicant a written notice stating the decision, and the reasons for it.

Part 4    [Repealed]

Division 1A [Repealed]

Division 1 [Repealed]

Division 2 [Repealed]

Division 3 [Repealed]

Division 4 [Repealed]

Division 4A [Repealed]

Subdivision 1 [Repealed]

Subdivision 2 [Repealed]

Part 4A    [Repealed]

Division 1 [Repealed]

Division 2 [Repealed]

Subdivision 1 [Repealed]

Subdivision 2 [Repealed]

Division 3 [Repealed]

Subdivision 1 [Repealed]

Subdivision 2 [Repealed]

Division 4 [Repealed]

Part 4B    [Repealed]

Division 1 [Repealed]

Division 2 [Repealed]

Division 3 [Repealed]

Division 4 [Repealed]

Part 4C    [Repealed]

Chapter 4    [Repealed]

Part 1    [Repealed]

Part 2    [Repealed]

Division 1 [Repealed]

(Repealed)

Division 2 [Repealed]

(Repealed)

Division 3 [Repealed]

73D   [Repealed]

73E   [Repealed]

73F   [Repealed]

73FA   [Repealed]

73G   [Repealed]

73GA   [Repealed]

Part 3    [Repealed]

Division 1 [Repealed]

73H   [Repealed]

73HA   [Repealed]

73HB   [Repealed]

73HC   [Repealed]

73HD   [Repealed]

Division 2 [Repealed]

73HE   [Repealed]

Part 4    [Repealed]

Division 1 [Repealed]

(Repealed)

Division 2 [Repealed]

73I   [Repealed]

73J   [Repealed]

73K   [Repealed]

73L   [Repealed]

73M   [Repealed]

73N   [Repealed]

Part 5    [Repealed]

73O   [Repealed]

73P   [Repealed]

Part 5A    [Repealed]

73PA   [Repealed]

73PB   [Repealed]

73PC   [Repealed]

Part 6    [Repealed]

73Q   [Repealed]

73R   [Repealed]

73S   [Repealed]

73T   [Repealed]

Chapter 4A    Great Barrier Reef protection measures

Part 1    Preliminary

73U   [Repealed]

74   Purpose of chapter

The purpose of this chapter is to provide for measures to improve the quality of the water entering the Great Barrier Reef to—

(a)support the outstanding universal value of the Great Barrier Reef for which the reef was inscribed on the World Heritage List; and

(b)protect and enhance the biological integrity and diversity of the aquatic ecosystems of the Great Barrier Reef, including—

(i)the coral reef, mangrove and seagrass ecosystems of the reef; and

(ii)the aquatic ecosystems of the river basins from which water enters the Great Barrier Reef; and

(c)improve the health and resilience of the aquatic ecosystems of the reef so they are better able to withstand and recover from disturbances.

75   What is the Great Barrier Reef catchment

(1)The Great Barrier Reef catchment is the area shown on a map prescribed by regulation as the Great Barrier Reef catchment.

(2)Each part of the Great Barrier Reef catchment shown as a river basin on the map is a river basin.

76   Other definitions for chapter

In this chapter—

agricultural ERA see section 79.

agricultural ERA standard see section 81(1).

carries out, an agricultural ERA, see section 80.

Great Barrier Reef catchment see section 75(1).

river basin see section 75(2).

Part 2    Environmental protection policy

77   Environmental protection policy must set objectives for reduced contaminant loads

(1)This section applies in relation to the entry of the following contaminants to the water of the Great Barrier Reef because of human activity carried out on land in the Great Barrier Reef catchment—

(a)dissolved inorganic nitrogen in the water;

(b)sediment suspended in the water.

(2)The Minister must ensure an environmental protection policy sets an objective to reduce the load of each of the contaminants entering the waters from each river basin in the catchment.

(3)The objective must be to reduce each of the loads to a stated limit, over a stated period, that is consistent with achieving the improvement in the quality of the water entering the Great Barrier Reef stated in the purpose of this chapter.

(4)This section does not limit the matters relating to the quality of the water entering the Great Barrier Reef that may be dealt with in an environmental protection policy.

(5)In this section—

load, of a contaminant that enters water, means the total mass of the contaminant that enters the water in a year.

78   Objectives set in policy must be reviewed every 5 years

(1)The Minister must review an environmental protection policy, to the extent the policy sets an objective mentioned in section 77(2), at least once—

(a)in the period of 5 years after the policy is made; and

(b)in each subsequent 5-year period.

(2)A review must be started during a period mentioned in subsection (1) and completed within 1 year.

Part 3    Requirements for carrying out agricultural ERAs

79   What is an agricultural ERA

(1)An agricultural ERA is any of the following activities carried out, on a commercial basis, on land in the Great Barrier Reef catchment—

(a)cattle grazing;

(b)horticulture;

Example—

commercial cultivation of bananas

(c)cultivation of another crop.

Example—

commercial cultivation of sugarcane or grains

(2)For subsection (1), all the land in a lot is taken to be in the Great Barrier Reef catchment if more than 75% of the lot, or 20,000ha of land in the lot, is in the catchment.

(3)In this section—

lot means—

(a)a lot under the Land Title Act 1994; or

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994.

80   Who carries out an agricultural ERA

(1)A person carries out an agricultural ERA if the person carries out the activity on land—

(a)of which the person is the owner; or

(b)under an arrangement about the use of the land with the owner of the land.

(2)Also, a person carries out an agricultural ERA if the person is employed or otherwise engaged by a person mentioned in subsection (1) to oversee the carrying out of the agricultural ERA on the other person’s behalf.

81    What is an agricultural ERA standard

(1)An agricultural ERA standard is an ERA standard for an agricultural ERA that states it is an agricultural ERA standard.

Note—

See section 318 for the chief executive’s power to make an ERA standard.

(2)The purpose of an agricultural ERA standard is to ensure the agricultural ERA to which the standard relates is carried out in a way that best achieves—

(a)the purpose of this chapter; and

(b)the objective of preventing contaminants entering, or minimising the amount of contaminants that enter, the water of the Great Barrier Reef because of the agricultural ERA being carried out on land in the Great Barrier Reef catchment; and

Examples of contaminants that may enter the water of the Great Barrier Reef because of an agricultural ERA—

nutrients, other chemicals, sediment

(c)an objective set by an environmental protection policy under section 77.

(3)Without limiting section 318, an agricultural ERA standard may include a standard condition—

(a)about the use of water, nutrients, agricultural chemical products or other substances in carrying out the agricultural ERA; or

(b)that requires compliance with a prescribed methodology for—

(i)working out the amount of a nutrient to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil; or

(ii)conducting tests related to carrying out the agricultural ERA, including, for example, tests of soil, water or plants and the intervals at which the tests must be carried out; or

(iii)another matter related to carrying out the agricultural ERA; or

(c)about the way land, the features of land and farming infrastructure are designed and used, and farming operations are undertaken, to carry out the agricultural ERA.

Examples of features of land that may be designed and used to carry out an agricultural ERA—

the slope of the land, land banks, drainage channels

(4)The chief executive must review an agricultural ERA standard at least once—

(a)in the period of 5 years after the standard is made; and

(b)in each subsequent 5-year period.

(5)A review must be started during a period mentioned in subsection (4) and completed within 1 year.

(6)In this section—

prescribed methodology, for a matter, means a methodology for the matter prescribed by regulation for this section.

82   Offence to contravene agricultural ERA standard

(1)This section applies if an agricultural ERA standard applies to an agricultural ERA.

(2)A person who carries out the agricultural ERA must not contravene the agricultural ERA standard.

Maximum penalty—

(a)if the offence is committed wilfully—1,665 penalty units; or

(b)otherwise—600 penalty units.

(3)In a proceeding for an offence against subsection (2), it is a defence for a person to prove that—

(a)the person is accredited under a recognised accreditation program for the agricultural ERA; and

(b)the person’s conduct that is alleged to constitute the offence does not contravene the recognised accreditation program.

Part 4    Agricultural ERA advice

83   Definitions for part

In this part—

adviser means a person who gives advice about carrying out an agricultural ERA—

(a)as a service for reward; or

Example—

An agronomist gives advice about the amount of a nutrient needed for a banana crop and charges a fee for giving the advice.

(b)in connection with the provision of goods or another service for reward.

Examples—

1A fertiliser distributor or agent gives advice about the amount of a nutrient needed for a sugarcane crop in connection with selling fertiliser for the crop.

2A hydrologist gives advice about the amount of water needed for sugarcane crops in connection with providing a service of designing and installing an irrigation system for the crop.

give advice includes make a recommendation.

tailored advice, about carrying out an agricultural ERA, see section 84.

84   Meaning of tailored advice about carrying out an agricultural ERA

(1)Advice about carrying out an agricultural ERA is tailored advice if the advice—

(a)relates to a standard condition in an agricultural ERA standard that applies to the agricultural ERA; and

(b)is tailored to consider and address—

(i)the particular objectives that the person carrying out the agricultural ERA wants to achieve by carrying it out; and

(ii)the particular circumstances under which the agricultural ERA is being carried out.

(2)For subsection (1), it does not matter whether the advice is given as a result of a test conducted in relation to soil, water or a plant.

85   Tailored advice must not be false or misleading

An adviser must not give tailored advice about carrying out an agricultural ERA that the adviser knows, or ought reasonably to know, is false or misleading in a material particular to a person—

(a)who carries out the agricultural ERA; or

(b)who is acting on behalf of another person who carries out the agricultural ERA.

Maximum penalty—600 penalty units.

86   Record of tailored advice

(1)This section applies if an adviser gives tailored advice about carrying out an agricultural ERA to a person—

(a)who carries out the agricultural ERA; or

(b)who is acting on behalf of another person who carries out the agricultural ERA.

(2)The adviser must, unless the adviser has a reasonable excuse—

(a)prepare a record that contains the information stated in subsection (3) about the tailored advice within 5 business days after giving the advice; and

(b)give a copy of the record to the person; and

(c)keep the record, or a copy of the record, for at least 6 years.

(3)For subsection (2), the information is—

(a)the adviser’s name and ACN or ABN (if any); and

(b)the person’s name and ACN or ABN (if any); and

(c)if the person is acting on behalf of another person who carries out the agricultural ERA—the name and ACN or ABN (if any) of the person who carries out the agricultural ERA; and

(d)the location of the land on which the agricultural ERA is being carried out; and

(e)the day the advice was given; and

(f)a summary of the advice given that includes the details prescribed by regulation.

Examples of details that may be prescribed—

•the fertiliser product recommended for use

•the recommended rate for the fertiliser product to be applied

•measures recommended to control sediment and erosion

Part 5    Great Barrier Reef water quality offsets

87   Definitions for part

(1)A Great Barrier Reef water quality offset is an activity—

(a)carried out to counterbalance a residual impact of a relevant activity; and

(b)carried out on land on which the relevant activity is carried out or on other land in the Great Barrier Reef catchment; and

(c)that complies with an environmental offsets policy for a Great Barrier Reef water quality offset.

(2)A residual impact of a relevant activity is the presence of a restricted contaminant in water in a river basin in the Great Barrier Reef catchment that—

(a)was released into the water because of the relevant activity; and

(b)remains, or will or is likely to remain, (whether temporarily or permanently) despite on-site mitigation measures for the activity.

(3)A Great Barrier Reef water quality offset condition for a relevant activity is a condition that—

(a)requires a Great Barrier Reef water quality offset to be undertaken; or

Examples—

action to rehabilitate a degraded riverbank, construct a wetland or establish native habitat across a number of properties

(b)otherwise relates to an environmental offset.

Example—

payment of a financial settlement offset

(4)The Minister may recommend to the Governor in Council the making of a regulation prescribing a contaminant to be a restricted contaminant only if satisfied that, if released into water entering the Great Barrier Reef, the contaminant is likely to—

(a)have an adverse impact on the quality of the water entering the reef; and

(b)be contrary to achieving the purpose of this chapter.

(5)In this section—

environmental offsets policy see the Environmental Offsets Act 2014, section 12.

on-site mitigation measure, for a relevant activity, means a measure undertaken on land on which the activity is carried out, to avoid or minimise the release of a restricted contaminant into water in a river basin in the Great Barrier Reef catchment because of the activity being carried out on the land.

relevant activity means a prescribed ERA, or resource activity, carried out on land in the Great Barrier Reef catchment.

restricted contaminant means a contaminant prescribed as a restricted contaminant for this section.

87A   [Repealed]

88   Application of Environmental Offsets Act 2014 to Great Barrier Reef water quality offsets

(1)The Environmental Offsets Act 2014 applies in relation to a Great Barrier Reef water quality offset condition and an environmental offsets policy for a Great Barrier Reef water quality offset as if—

(a)a reference in that Act to an environmental offset were a reference to a Great Barrier Reef water quality offset; and

(b)a reference in that Act to an environmental offset condition were a reference to a Great Barrier Reef water quality offset condition; and

(c)a reference in that Act to a significant residual impact were a reference to a residual impact; and

(d)a reference in that Act to a prescribed activity were a reference to a relevant activity under this section; and

(e)a reference in that Act to a prescribed environmental matter were a reference to a river basin in the Great Barrier Reef catchment; and

(f)a reference in that Act to maintaining the viability of a prescribed environmental matter were, in relation to the prescribed environmental matter mentioned in paragraph (e), a reference to maintaining or improving the quality of the water entering the Great Barrier Reef from a river basin in the Great Barrier Reef catchment.

(2)In this section—

environmental offsets policy see the Environmental Offsets Act 2014, section 12.

relevant activity see section 87(5).

Part 6    General

89   Regulation-making power for particular records and returns

(1)A regulation may be made under section 580(2)(b) applying to—

(a)a record or return relating to—

(i)the sale of a fertiliser product or agricultural chemical; or

(ii)the application of a fertiliser product or agricultural chemical; or

(iii)a soil test; or

(iv)a crop yield; and

(b)a person involved in the production, manufacture, distribution, supply or use of an agricultural ERA product, fertiliser product or agricultural chemical.

(2)In this section—

agricultural ERA product means a product from carrying out an agricultural ERA.

fertiliser product means a product that is, or contains, nitrogen, phosphorous or another plant nutrient.

89D   [Repealed]

89E   [Repealed]

89F   [Repealed]

89G   [Repealed]

89H   [Repealed]

89I   [Repealed]

89J   [Repealed]

90   [Repealed]

91   [Repealed]

92   [Repealed]

93   [Repealed]

94   [Repealed]

95   [Repealed]

95A   [Repealed]

96   [Repealed]

97   [Repealed]

98   [Repealed]

99   [Repealed]

100   [Repealed]

101   [Repealed]

102   [Repealed]

103   [Repealed]

104   [Repealed]

105   [Repealed]

Part 7    [Repealed]

Part 8    [Repealed]

Part 9    [Repealed]

Chapter 5    Environmental authorities, PRC plans and environmentally relevant activities

Part 1    Preliminary

Division 1 Key definitions for chapter 5

106   What is a prescribed ERA

A prescribed ERA is an environmentally relevant activity prescribed under section 19.

107   What is a resource activity

A resource activity is an activity that involves—

(a)a geothermal activity; or

(b)a GHG storage activity; or

(c)a mining activity; or

(d)a petroleum activity.

108   What is a geothermal activity

A geothermal activity is an activity that, under the Geothermal Act, is an authorised activity for a geothermal tenure.

109   What is a GHG storage activity

A GHG storage activity is an activity that, under the GHG storage Act, is an authorised activity for a GHG authority under that Act.

110   What is a mining activity

A mining activity is—

(a)an activity that is an authorised activity for a mining tenement under the Mineral Resources Act; or

(b)another activity that is authorised under an approval under the Mineral Resources Act that grants rights over land.

111   What is a petroleum activity

A petroleum activity is—

(a)an activity that, under the Petroleum Act 1923, is an authorised activity for a 1923 Act petroleum tenure under that Act; or

(b)an activity that, under the P&G Act, is an authorised activity for a petroleum authority under that Act; or

(c)exploring for, exploiting or conveying petroleum resources under a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982.

111A    Meaning of stable condition

Land is in a stable condition if—

(a)the land is safe and structurally stable; and

(b)there is no environmental harm being caused by anything on or in the land; and

(c)the land can sustain a post-mining land use.

112   Other key definitions for ch 5

In this chapter—

application stage, for an application, means the stage of the assessment process carried out for the application under part 2.

decision stage, for an application, means the stage of the assessment process carried out for the application under part 5.

eligibility criteria, for an environmentally relevant activity, means eligibility criteria that are in effect for the activity under—

(a)an ERA standard; or

(b)section 707A or 707B.

eligible ERA means an environmentally relevant activity that complies with the eligibility criteria in effect for the activity.

ERA project means a prescribed ERA project or a resource project.

Great Barrier Reef catchment waters means water in—

(a)a river in the Great Barrier Reef catchment; or

(b)a tributary of a river mentioned in paragraph (a).

ineligible ERA means an environmentally relevant activity that is not an eligible ERA.

information stage, for an application, means the stage of the assessment process carried out for the application under part 3.

management milestone, for a non-use management area, means each significant event or step necessary to—

(a)achieve best practice management of the area; and

(b)minimise risks to the environment.

non-use management area means an area of land the subject of a PRC plan that can not be rehabilitated to a stable condition after all relevant activities for the PRC plan carried out on the land have ended.

notification stage, for an application, means the stage of the assessment process carried out for the application under part 4.

objections decision hearing, for chapter 5, part 5, division 3, see section 188(1).

objector, for an application for an environmental authority or PRCP schedule, means an entity—

(a)that gave an objection notice under section 182(2); and

(b)whose objection notice is still current.

Note—

For when an objection notice ceases to have effect, see section 182(4).

obstruct includes hinder, delay, resist and attempt to obstruct.

occupier, of a place, includes the person apparently in charge of the place.

oil ...

on-site mitigation measure ...

open-air event, for chapter 8, part 3B, see section 440K.

operational land, for chapter 3, part 1, see section 39.

optimum amount ...

original decision see section 519.

original offence, for a program notice, see section 351.

over-fertilisation ...

overlapping area, for chapter 5, part 10, see the Mineral and Energy Resources (Common Provisions) Act 2014, section 104.

overlapping prescribed resource activity, for chapter 5, part 10, see section 268A(1)(b).

owner, of an accreditation program, see section 318YA.

owner—

1The owner of land is—

(a)for freehold land—the person recorded in the freehold land register as the person entitled to the fee simple interest in the land; or

(b)for land held under a lease, licence or permit under an Act—the person who holds the lease, licence or permit; or

(c)for trust land under the Land Act 1994—the trustees of the land; or

(d)for Aboriginal land under the Aboriginal Land Act 1991—the persons to whom the land has been transferred or granted; or

(e)for Torres Strait Islander land under the Torres Strait Islander Land Act 1991—the persons to whom the land has been transferred or granted; or

(f)for land for which there is a native title holder under the Native Title Act 1993 (Cwlth)—each registered native title party in relation to the land.

2Also, a mortgagee of land is the owner of the land if—

(a)the mortgagee is acting as a mortgagee in possession of the land and has the exclusive management and control of the land; or

(b)the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.

owner-builder permit means an owner-builder permit under the Queensland Building and Construction Commission Act 1991.

ozone depleting substance means—

(a)any chlorofluorocarbon or halon; or

(b)another substance prescribed by regulation to be an ozone depleting substance.

P&G Act means the Petroleum and Gas (Production and Safety) Act 2004.

parent corporation, of another corporation, means a corporation of which the other corporation is a subsidiary under the Corporations Act.

particles includes dust and ash.

passenger declaration ...

peak particle velocity, for chapter 8, part 3B, see section 440K.

person, for chapter 3, part 1, see section 39.

person ...

person in control, of a vehicle, includes—

(a)the driver of the vehicle; and

(b)the person in command of the vehicle; and

(c)the person who appears to be in control or command of the vehicle.

petroleum activities ...

petroleum activity see section 111.

petroleum authority ...

petroleum lease means a petroleum lease under the P&G Act.

petroleum legislation ...

petroleum project ...

petroleum tenure means—

(a)a 1923 Act petroleum tenure granted under the Petroleum Act 1923; or

(b)a petroleum authority granted under the P&G Act; or

(c)a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982; or

(d)another approval under the Petroleum Act 1923, the P&G Act or the Petroleum (Submerged Lands) Act 1982 which grants rights over land.

place, in relation to a contamination incident, see section 358.

Planning Act means the Planning Act 2016.

planning chief executive means the chief executive of the department in which the Planning Act is administered.

plan of operations see section 289.

plan period, for a plan of operations, see section 292(1)(c).

post-mining land use see section 112.

post-surrender management report, for land the subject of a surrender application, means a post-surrender management report prepared under chapter 5, part 10, division 3 for the land.

power boat, for chapter 8, part 3B, see section 440K.

PRC plan see section 112.

PRCP schedule see section 112.

preliminary investigation ...

premises includes a building and the land on which a building is situated.

prescribed condition see section 21A.

prescribed ERA see section 106.

prescribed ERA project see section 112.

prescribed person, for a contamination incident, see section 361.

prescribed provision ...

prescribed resource activity, for chapter 5, part 10, means a resource activity carried out under one of the following—

(a)an authority to prospect under the P&G Act, if the intention of the holder is to explore and test for coal seam gas;

(b)an exploration permit for coal;

(c)a mineral development licence for coal;

(d)a mining lease for coal;

(e)a petroleum lease authorising the production of coal seam gas.

prescribed responsible person, for chapter 7—

1Each of the following persons is a prescribed responsible person for land—

(a)if a person released a hazardous contaminant contaminating the land—the person;

(b)the relevant local government;

(c)if subparagraph (a) or (b) does not apply—the owner of the land in relation to whom either of the following applies—

(i)when the owner acquired the land particulars of the land were recorded in the environmental management register or the contaminated land register;

(ii)the land became contaminated after the owner acquired the land.

1ADespite paragraph 1(a), the person is a prescribed responsible person for the land only if—

(a)the person is known; and

(b)the administering authority can, after making reasonable efforts, locate the person.

2Despite paragraph 1(b), a local government is a prescribed responsible person for land only if—

(a)the administering authority believes—

(i)the land became contaminated because the local government gave approval for the use of, or an activity to be carried out on, the land; and

(ii)in giving the approval, the local government did not comply with the requirements under any Act in relation to the approval; and

(iii)the local government ought to have known that giving the approval would result in the land becoming contaminated; or

(b)both of the following apply—

(i)the local government gave approval for the use of, or an activity on, the land inconsistent with the particulars recorded for the land in the environmental management register or the contaminated land register;

(ii)the use or activity has caused environmental harm.

3A mortgagee who is the owner of land is not an owner for paragraph 1(c).

prescribed standard see section 579C.

prescribed water contaminant, for chapter 8, part 3C, see section 440ZD.

priority catchment ...

production requirement ...

program notice see section 350.

progressive certification see section 318Z(2).

progressive certification application, for chapter 5A, part 6, see section 318ZC.

progressive rehabilitation report ...

project authority ...

properly made amendment application, for chapter 5, part 7, see section 227AAA.

properly made application, for chapter 5, see section 127.

properly made objection ...

properly made submission—

(a)for chapter 3—see section 55(2); or

(b)for chapter 5—see section 161(2).

Note—

See also sections 115(4) (Development application taken to be application for environmental authority in particular circumstances) and 150(3) (Notification stage does not apply to particular applications).

proponent—

(a)for a project, means the person who proposes the project; or

(b)for chapter 3, part 1, see section 39.

proposed action—

(a)for chapter 5, part 11—see section 280(1)(a); or

(b)for chapter 5A, part 4, division 2—see section 318L(1)(a); or

(c)for chapter 5A, part 5A, division 6—see section 318YR(1);

(d)for chapter 12, part 3A, division 4—see section 574E(2)(a).

proposed action decision—

(a)for chapter 5, part 11—see section 282(2); or

(b)for chapter 5A, part 4, division 2—see section 318N(2).

proposed amendment—

(a)for an environmental authority or PRCP schedule, for chapter 5, part 6—see section 217(1)(a); or

(b)for a transitional environmental program, for chapter 7, part 3, division 3, subdivision 3—see section 344AE(1)(a).

proposed amendment notice—

(a)for chapter 5, part 6—see section 217(1); or

(b)for chapter 7, part 3, division 3, subdivision 3—see section 344AE(1).

proposed holder ...

proposed PRC plan, for an application, means a PRC plan proposed for land the subject of a mining lease that—

(a)complies with chapter 5, part 2, division 3; and

(b)either—

(i)accompanies the application; or

(ii)is submitted for the application after the application is made.

proposed transferee ...

prospecting permit means—

(a)a prospecting permit under the Mineral Resources Act; or

(b)a former prospecting permit under the Mineral Resources Act continued in effect under section 30 of that Act.

protocol see section 579B.

provisional licence ...

public authority includes the following—

(a)an entity established under an Act;

(b)a government owned corporation;

(c)Queensland Rail Limited ACN 132 181 090.

public interest consideration see section 316PA(3).

public interest evaluation see section 112.

public notice requirement ...

public notice requirements, for chapter 5, see section 158(1).

public passenger vehicle see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

public place means any place the public is entitled to use or is open to, or used by, the public (whether or not on payment of an admission fee).

public road means a road that is open to the public, whether or not on payment of money.

rail transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.

railway means a private or public railway or railway facility.

Examples of a railway facility—

railway bridge, railway communications system, railway marshalling station and yard, railway track, works built for a railway

receiving environment, in relation to an activity that causes or may cause environmental harm, means the part of the environment to which the harm is, or may be, caused.

recipient means—

(a)for an environmental evaluation—the person on whom the requirement for the evaluation is made; or

(b)for an environmental enforcement order—the person to whom the order is issued; or

(c)for a notice to conduct or commission a site investigation—the person to whom the notice is given; or

(d)for a notice to prepare or commission a site investigation report—the person to whom the notice is given.

recognised accreditation program, for an agricultural ERA, see section 318YA.

recognised entity means any of the following—

(a)the administering authority;

(b)the department in which the Fisheries Act 1994 or Water Act 2000 is administered;

(c)a local government;

(d)a public authority;

(e)an agency, however called, established under a corresponding law with similar functions to the functions of the chief executive;

(f)a ministerial council established by the Council of Australian Governments;

(g)the Commonwealth Scientific and Industrial Research Organisation;

(h)a cooperative research centre completely or partly funded by the Commonwealth;

(i)an Australian university.

reef ...

referral agency, for a development application, means a referral agency for the application under the Planning Act.

referral agency’s response period, for a development application, means the period stated in the development assessment rules for complying with the Planning Act, section 56(4) for the application.

refusal period ...

register means a register kept under section 540 or 540A.

registered operator ...

registered suitable operator means a person whose name and address is entered in the register of suitable operators under chapter 5A, part 4.

registrar ...

registrar of titles means the registrar of titles or another person responsible for keeping a register in relation to dealings in land.

registration Act see the State Penalties Enforcement Act 1999, schedule 2.

registration certificate ...

regulatory function, for chapter 12, part 3, see section 564.

regulatory requirement means a requirement under an environmental protection policy or a regulation for—

(a)the administering authority to—

(i)approve or refuse, or follow stated procedures for evaluating, any of the following applications—

(A)an application for an environmental authority and any proposed PRCP schedule for the application;

(B)an amendment application or surrender application for an environmental authority or an amendment application for a PRCP schedule;

(C)a progressive certification application under chapter 5A, part 6;

(D)an application for the issue of a transitional environmental program; or

(ii)impose or amend a condition of an environmental authority, PRCP schedule or transitional environmental program; or

(b)the chief executive to decide whether to—

(i)allow a draft terms of reference to proceed to public notification under section 41A; or

(ii)allow a submitted EIS to proceed under section 49 or 56A; or

(c)the Land Court to make an objections decision under section 191.

rehabilitation auditor, for chapter 5, part 12, division 2, means a person who meets the requirements mentioned in section 288(1).

rehabilitation commissioner means the rehabilitation commissioner appointed under section 444A.

rehabilitation direction see section 274(2).

rehabilitation milestone see section 112.

rehabilitation planning part, of a PRC plan, see section 126C(2).

related person, for chapter 7, part 5, see section 369N.

release, of a contaminant into the environment, includes—

(a)to deposit, discharge, emit or disturb the contaminant; and

(b)to cause or allow the contaminant to be deposited, discharged, emitted or disturbed; and

(c)to fail to prevent the contaminant from being deposited, discharged, emitted or disturbed; and

(d)to allow the contaminant to escape; and

(e)to fail to prevent the contaminant from escaping.

relevant activity—

(a)for an environmental authority, means the environmentally relevant activity the subject of the authority; or

(b)for an application for an environmental authority—means the environmentally relevant activity the subject of the application; or

(c)for a proposed PRC plan or PRC plan— means the relevant activities to be carried out on land the subject of the plan; or

(d)in relation to a company, for chapter 7, part 5, division 4, see section 369M.

relevant agricultural property ...

relevant area ...

relevant chapter 5A activity ...

relevant CSG activity ...

relevant entity for chapter 11, part 4, see section 541(1).

relevant ERA, for chapter 5, part 14A, see section 316GA.

relevant event, for a program notice, see section 350(1).

relevant existing authority, for chapter 5A, part 1, see section 317.

relevant industrial chemical see the Industrial Chemicals Environmental Management (Register) Act 2021 (Cwlth), section 7.

relevant land, for chapter 7, part 8, see section 370.

relevant land register, for chapter 7, part 8, see section 370.

relevant lease ...

relevant local government, for land, means the local government for the local government area where the land is situated.

relevant matter, for chapter 7, part 5, see section 358.

relevant matters, for an environmental evaluation, means the matters to be addressed by the evaluation.

relevant mining activity, for—

(a)an environmental authority for a mining activity—means the mining activity the subject of the authority; or

(b)an application for an environmental authority for a mining activity—means the mining activity the subject of the application; or

(c)a proposed PRC plan or PRC plan—means the mining activity to be carried out on land the subject of the plan.

relevant mining lease, for an environmental authority, an application for an environmental authority, a proposed PRC plan or PRC plan for a mining activity, means a mining lease, or proposed mining lease, to which a relevant mining activity relates.

relevant mining tenement ...

relevant mining tenure, for an environmental authority, an application for an environmental authority, a proposed PRC plan or PRC plan for a mining activity, means a mining tenure, or proposed mining tenure, to which a relevant mining activity relates.

relevant petroleum activity ...

relevant petroleum authority ...

relevant place ...

relevant primary documents ...

relevant resource activity, for—

(a)an environmental authority for a resource activity—means a resource activity the subject of the authority; or

(b)an application for an environmental authority for a resource activity—means a resource activity the subject of the application; or

(c)a proposed PRC plan or PRC plan— means the relevant activities to be carried out on land the subject of the plan.

relevant resource authority ...

relevant standard environmental conditions ...

relevant tenure, for an environmental authority, an application for an environmental authority, a proposed PRC plan or PRC plan for a resource activity, means—

(a)a resource tenure to which a relevant resource activity relates; or

(b)a proposed resource tenure to which a relevant resource activity relates.

remediate, contaminated land, means—

(a)rehabilitate the land; or

(b)restore the land; or

(c)take other action to prevent or minimise serious environmental harm being caused by the hazardous contaminant contaminating the land.

remediation notice ...

replacement environmental authority, for an environmental authority, means—

(a)if a new environmental authority is issued for the environmentally relevant activity the subject of the authority—the new environmental authority; or

(b)if the authority is amended—the amended environmental authority issued under section 242(1)(b); or

(c)if a transfer application for the authority is approved—the transferred environmental authority issued under section 255(1)(b); or

(d)if an amalgamation application for the authority is approved—the amalgamated environmental authority issued under section 248(b); or

(e)if the administering authority de-amalgamates an environmental authority under section 250C—each of the de-amalgamated environmental authorities issued under section 250C(1)(c).

representative ...

residential complex ...

residual risk assessment guideline means a guideline called ‘The Residual Risk Assessment Guideline’—

(a)prepared by the chief executive; and

(b)published—

(i)on the administering authority’s website; and

(ii)in other publicly available ways the administering authority considers appropriate.

residual risks, of land, means either or both of the following to the extent it relates to resource activities carried out on the land—

(a)the risk that, although the land has been rehabilitated and appropriately managed, remedial action will need to be carried out in relation to the land in the foreseeable future;

(b)the risk that ongoing management activities will need to be carried out in relation to the land, including—

(i)monitoring the condition of the land or site features of the land; and

(ii)taking action to prevent or minimise environmental harm caused by the land or site features of the land.

Examples of ongoing management activities—

•maintaining fences to ensure the safety of steep slopes or to prevent access to contaminated areas

•providing a pump-back system to manage the discharge of contaminants

•continuing a monitoring and verification plan under the GHG storage Act to ensure GHG stream storage under that Act is taking place as predicted

residual risks requirement, for chapter 5, part 10, division 6—see section 271(3).

resource activity see section 107.

resource activity EEO means an environmental enforcement order that imposes a requirement related to the carrying out of a resource activity.

resource activity EPO ...

resource legislation means any of the following Acts—

(a)the Geothermal Act;

(b)the GHG storage Act;

(c)the Mineral Resources Act;

(d)the Petroleum Act 1923;

(e)the P&G Act;

(f)the Petroleum (Submerged Lands) Act 1982.

resource project see section 112.

resource tenure means—

(a)a geothermal tenure; or

(b)a GHG storage tenure; or

(c)a mining tenure; or

(d)a petroleum tenure.

review date see section 521(2)(a)(i).

review decision see section 521(5)(c) and (6)(c).

review or appeal details, for a notice or order, means a statement in the notice or order as follows—

(a)that a person as follows may apply for a review of, or appeal against, the decision to which the notice or order relates—

(i)the person given the notice or order;

(ii)another dissatisfied person for the original decision to which the notice or order relates;

(b)about whether the person may apply for a review or may appeal against the decision;

(c)about the period or time allowed for making the application for a review or for starting an appeal;

(d)if the person may apply for a review—about how to apply for a review;

(e)if the person may appeal—about how to start an appeal.

revised (CSG) EM plan ...

risk management plan, for land the subject of a surrender application, means a risk management plan included in a post-surrender management report for the land.

river basin, for chapter 4A, see section 75(2).

riverine area does not include land outside the flood flow channel of a watercourse.

sanitary convenience means a urinal, water closet, earth closet, cesspit, cesspool or other receptacle for human waste.

schedule 8 development ...

scheme assurance, for chapter 5, part 14, division 3, see section 316A.

scheme fund means the scheme fund established under the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 24.

scheme manager means the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018.

security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.

self-assessable development ...

serious environmental harm see section 17.

sewage ...

show cause notice—

(a)for chapter 5A, part 5A, division 6—see section 318YR(1); or

(b)for chapter 7, part 8, division 2, subdivision 2—see section 375(1); or

(c)for chapter 7, part 8, division 2, subdivision 2—see section 391; or

(d)for chapter 12, part 3A, division 4, see section 574E(1).

show cause period, for chapter 5A, part 5A, division 6, see section 318YR(2)(e).

single integrated operation see section 113.

site features, of land, means each of the following—

(a)surface and subsurface infrastructure on the land related to resource activities;

(b)other structures on the land related to resource activities;

(c)modifications of the land related to resource activities carried out on the land.

Examples of modifications of land—

tailings storage facilities, voids, waste rock dumps

site investigation report, for relevant land, for chapter 7, part 8, see section 370.

site management plan, for relevant land, see section 370.

site-specific application, for chapter 5, see section 124.

site suitability statement, for relevant land, for chapter 7, part 8, see section 389(2)(b).

small scale mining activity means a mining activity that—

(a)is carried out under a mining claim, for corundum, gemstones or other precious stones, the area of which is not more than 20ha, and that—

(i)does not, or will not, at any time cause more than 5ha of land to be significantly disturbed; and

(ii)is not, or will not be, carried out in a designated precinct in a strategic environmental area; and

(iii)is not, or will not be, carried out in a watercourse or riverine area; and

(iv)is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and

(v)is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and

(vi)is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and

(vii)is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and

(viii)is not, or will not be, carried out by more than 20 persons at any one time; and

(ix)does not, or will not, at any time cause more than 5,000m² of land to be disturbed at a camp site; or

(b)is carried out under an exploration permit, for minerals other than coal, the area of which is not more than 4 sub-blocks and that—

(i)is not, or will not be, carried out in a designated precinct in a strategic environmental area; and

(ii)is not, or will not be, carried out in a watercourse or riverine area; and

(iii)is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and

(iv)is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and

(v)is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and

(vi)is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and

(vii)does not, or will not, at any time cause more than 1,000m² of land to be disturbed; or

(c)is carried out under a prospecting permit.

small scale mining tenure see section 21A(2).

specified works ...

spent conviction, for chapter 9, part 5A, see section 484B.

stable condition see section 111A.

standard application, for chapter 5, see section 122.

standard conditions—

(a)for an environmental authority or application for an environmental authority for an environmentally relevant activity—means the conditions applying for the activity under an ERA standard; or

(b)for a person carrying out an agricultural ERA—means the conditions applying for the agricultural ERA under an agricultural ERA standard.

standard criteria means—

(a)the following principles of environmental policy as set out in the Intergovernmental Agreement on the Environment—

(i)the precautionary principle;

(ii)intergenerational equity;

(iii)conservation of biological diversity and ecological integrity; and

(b)any Commonwealth or State government plans, standards, agreements or requirements about environmental protection or ecologically sustainable development; and

(d)any relevant environmental impact study, assessment or report; and

(e)the character, resilience and values of the receiving environment; and

(f)all submissions made by the applicant and submitters; and

(g)the best practice environmental management for activities under any relevant instrument, or proposed instrument, as follows—

(i)an environmental authority;

(ii)a transitional environmental program;

(iii)an environmental enforcement order;

(iv)a disposal permit;

(v)a development approval; and

(h)the financial implications of the requirements under an instrument, or proposed instrument, mentioned in paragraph (g) as they would relate to the type of activity or industry carried out, or proposed to be carried out, under the instrument; and

(i)the public interest; and

(j)any relevant site management plan; and

(k)any relevant integrated environmental management system or proposed integrated environmental management system; and

(l)any other matter prescribed under a regulation.

standard environmental authority (mining activities) ...

standard environmental conditions ...

standard mining activity ...

State-controlled road means a road or route, or part of a road or route, declared under the Transport Infrastructure Act 1994, section 24 to be a State-controlled road.

State Development Act means the State Development and Public Works Organisation Act 1971.

State Development Minister means the Minister for the time being administering the State Development Act.

statement of compliance—

(a)for an environmental authority or draft environmental authority—see section 207(1)(b); or

(b)for a PRCP schedule or proposed PRCP schedule—see section 206A(3).

state of mind, of a person, includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

stormwater includes a run-off of rainwater from an urban or rural source.

stormwater drainage, for chapter 8, part 3C, see section 440ZD.

strategic environmental area means a strategic environmental area under the Regional Planning Interests Act 2014.

submission period—

(a)for chapter 3, part 1—see section 39; or

(b)for chapter 5, part 4—see section 153(1)(g).

submitted EMOS ...

submitted EM plan ...

submitter—

(a)for an application or proposed PRC plan, means an entity who makes a properly made submission about the application or plan; or

(b)for chapter 7, part 8, division 3, subdivision 4, see section 397.

sugar cane growing ...

suitability report see section 318S(1).

suitability statement, for land, means a statement about the uses and activities for which the land is suitable.

suitably qualified person, for chapter 12, part 3, see section 564.

surrender application, for an environmental authority, see section 257(1).

surrender notice, for an environmental authority, see section 258(2).

suspension application, for an environmental authority, see section 284A.

tailored advice, for chapter 4A, part 4, see section 84.

temporary authority, for chapter 5, part 14A, see section 316GC(1).

temporary emissions licence see section 357B(1).

TEP submission ...

TOR notice see section 42(1).

transfer application, for an environmental authority, see section 252.

transferred environmental authority, for chapter 5, part 9, see section 255(1)(b).

transfer tenure, for chapter 5, part 8, see section 243.

transitional environmental program means a transitional environmental program issued under chapter 7, part 3.

tribunal ...

UDA development approval ...

UDA development condition ...

ULDA Act ...

unamended Act ...

unlawful environmental harm means environmental harm that is unlawful under section 493A.

validation report, for chapter 7, part 8, see section 370.

variation application, for chapter 5, see section 123.

vehicle includes a train, boat and an aircraft.

vehicle littering offence ...

waste see the Waste Reduction and Recycling Act 2011, section 8AA.

waste management works ...

watercourse—

1Watercourse means a river, creek or stream in which water flows permanently or intermittently—

(a)in a natural channel, whether artificially improved or not; or

(b)in an artificial channel that has changed the course of the watercourse.

2Watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water.

waters means Queensland waters.

wild river area ...

wild river declaration ...

wild river high preservation area ...

wild river preservation area ...

wild river special floodplain management area ...

wilfully means—

(a)intentionally; or

(b)recklessly; or

(c)with gross negligence.

Z Peak, for chapter 8, part 3B, see section 440K.

Z Peak Hold, for chapter 8, part 3B, see section 440K.

Figure

section 4(3)