Environmental Protection Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 284 Environmental Protection Act 1994 ENVIRONMENTAL PROTECTION AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 1A—ENVIRONMENTAL IMPACT STATEMENTS Division 1—Preliminary 3A Types of project requiring Commonwealth or State authority approval 3 Division 2—EIS process 3B Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3C Prescribed matters for draft terms of reference—Act, s 41(2)(c) . . . 4 3D Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3E Prescribed way for publishing TOR notice and EIS notice . . . . . . . . 5 3F EIS assessment report—Act, s 59(e) . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Amendment of s 4 (Levels 1 and 2 environmentally relevant activities) . . . 6 5 Amendment of s 6D (Definitions for pt 2A) . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 38ZK (Permitted concentration of ethers and benzene—after 14 July 2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of s 44 (Fees—general). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 45 (Refund of annual fee) . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Insertion of new s 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 45A Refund of annual fee if replacement environmental authority issued 7

2 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 10 Replacement of s 46 (Fees for environmentally relevant activities) . . . . . . . 8 46 Annual fees for prescribed environmentally relevant activities. . . . . 8 11 Amendment of sch 1 (Levels 1 and 2 environmentally relevant activities and annual fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Insertion of new sch 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE 1AA MATTERS TO BE ADDRESSED BY ASSESSMENT 1 General information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Relevant impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Proposed safeguards and mitigation measures . . . . . . . . . . . . . . . . . 11 5 Other approvals and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Proponent’s environmental record . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Information sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Amendment of sch 6 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Amendment of sch 8C (Prescribed periods under Act). . . . . . . . . . . . . . . . . 14 15 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

s1 3 s3 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 1 Short title This regulation may be cited as the Environmental Protection Amendment Regulation (No. 1) 2001 . 2 Regulation amended This regulation amends the Environmental Protection Regulation 1998. 3 Insertion of new pt 1A After part 1— insert — ‘PART 1A—ENVIRONMENTAL IMPACT STATEMENTS ‘Division 1—Preliminary ‘3A Types of project requiring Commonwealth or State authority approval ‘A project is prescribed for section 37(1)(d) 1 of the Act if— (a) the Commonwealth Minister has, under the Commonwealth Environment Act 2 — (i) decided the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process; and (ii) given notice of the decision; or (b) the relevant impacts of the project are to be assessed under a bilateral agreement. 1 Section 37 (When EIS process applies) of the Act 2 See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach)

s3 4 s3 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 ‘Division 2—EIS process ‘3B Application of div 2 ‘ (1) This division applies to a project mentioned in section 3A. ‘ (2) Any steps or actions taken in the EIS process before the action mentioned in section 3A(1)(a) happens are taken to have complied with this division. ‘3C Prescribed matters for draft terms of reference—Act, s 41(2)(c) ‘The draft terms of reference for an EIS must include the matters necessary for ensuring the assessment under the EIS— (a) assesses the project’s relevant impacts; and (b) gives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act; and (c) addresses the matters mentioned in schedule 1AA. ‘3D Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g) ‘ (1) A TOR notice and an EIS notice must state the following— (a) the project’s title and location; (b) the proponent’s name; (c) if the proponent and designated proponent for the project are not the same entity—the name of the designated proponent; (d) the protected matters for the project. ‘ (2) In this section— “protected matter” means a matter mentioned in the Commonwealth Act, section 34 3 and protected by a controlling provision for the project. 3 Commonwealth Act, section 34 (What is matter protected by a provision of Part 3?)

s3 5 s3 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 ‘3E Prescribed way for publishing TOR notice and EIS notice ‘A TOR notice and an EIS notice must be published— (a) in a newspaper circulating throughout Australia; or (b) in each State or Territory in a newspaper circulating generally in the State or Territory. ‘3F EIS assessment report—Act, s 59(e) ‘ (1) An EIS assessment report must contain the following matters— (a) a description of the following— (i) the project; (ii) the places affected by the project; (iii) any matters of national environmental significance likely to be affected by the project; (b) a summary of the project’s relevant impacts; (c) a description of feasible mitigation measures, changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in relevant submissions; (d) to the extent practicable, a description of feasible alternatives to the project identified in the assessment process, and the likely impact of the alternatives on matters of national environmental significance; (e) a statement of conditions of approval for the project that may be imposed to address impacts, identified in the assessment process, on matters of national environmental significance; (f) a statement of requirements for, and conditions of, approval applying, or proposed to apply, to the project when the report is prepared, including a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project. ‘ (2) After completing the report, the chief executive must give a copy of it to the Commonwealth Minister.

s4 6 s6 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 ‘ (3) In this section— “matters of national environmental significance” means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1. 4 “relevant submissions” means— (a) properly made submissions under section 55(2) of the Act; and (b) submissions accepted by the chief executive under section 55(3) of the Act for chapter 3 5 of the Act.’ 4 Amendment of s 4 (Levels 1 and 2 environmentally relevant activities) Section 4, heading, before ‘ environmentally ’— insert — ‘ prescribed ’. 5 Amendment of s 6D (Definitions for pt 2A) Section 6D, definition “educational institution”, paragraph (b)— omit, insert — ‘(b) a TAFE institute under the Training and Employment Act 2000 ; or’. 6 Amendment of s 38ZK (Permitted concentration of ethers and benzene—after 14 July 2000) Section 38ZK(1), ‘0.5%’— omit, insert— ‘1%’. 4 Commonwealth Environment Act, chapter 2, part 3, division 1 (Requirements relating to matters of national environmental significance) 5 Chapter 3 (Environmental impact statements) of the Act

s7 7 s9 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 7 Amendment of s 44 (Fees—general) Section 44(1)— omit, insert — ‘ (1) Fees payable under the Act in relation to an environmental authority, other than annual fees for a prescribed environmentally relevant activity, or a development application are in schedule 6. 6 ’. 8 Amendment of s 45 (Refund of annual fee) Section 45, heading, after ‘ fee ’— insert — ‘ if environmental authority refused ’. 9 Insertion of new s 45A After section 45— insert— ‘45A Refund of annual fee if replacement environmental authority issued ‘ (1) This section applies if— (a) a person holds an environmental authority (the “replaced authority” ); and (b) the person has paid an annual or application fee for the replaced authority; and (c) the administering authority issues a replacement environmental authority (the “replacement authority” ) for the replaced authority; and (d) the replacement authority is issued before the day that, other than for the replacement, would have been the next anniversary day for the replaced authority after the payment. 6 See however section 49 (Application for waiver of fee).

s 10 8 s 11 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 ‘ (2) The administering authority must refund the amount worked out by using the following formula— AR = FP x 3- -- D- 6- -- 5- where— “AR” is the amount of the refund. “FP” is the amount of the annual fee, or annual fee component of the application fee, paid by the person. “D” is the number of days from the day the replacement authority is issued to the next anniversary day for the replaced authority. 10 Replacement of s 46 (Fees for environmentally relevant activities) Section 46— omit, insert — ‘46 Annual fees for prescribed environmentally relevant activities ‘The annual fee for a prescribed environmentally relevant activity is stated opposite the activity in schedule 1, column 3. 7 ’. 11 Amendment of sch 1 (Levels 1 and 2 environmentally relevant activities and annual fees) (1) Schedule 1, heading, ‘ LEVELS 1 AND 2 ’— omit, insert — ‘ PRESCRIBED ’. (2) Schedule 1, heading, ‘ Extractive activities and mining ’— omit, insert— ‘ Extractive activities ’. 7 See however, section 49 (Application for waiver of fee).

s 12 9 s 12 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 (3) Schedule 1, items 21 to 21B— relocate to schedule 6, part 1A, division 2 (as inserted by this regulation) and renumber as items 11B to 11D. 12 Insertion of new sch 1AA After schedule 1— insert — ‘SCHEDULE 1AA ‘MATTERS TO BE ADDRESSED BY ASSESSMENT section 3C(c) ‘1 General information ‘The background of the project including, for example, the following— (a) the project’s title; (b) the designated proponent’s full name and postal address; (c) a clear outline of the project’s objective; (d) the project’s location; (e) the background to the project’s development; (f) how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project; (g) the project’s current status; (h) the consequences of not proceeding with the project. ‘2 Description ‘A description of the project, including the following— (a) the project’s components;

s 12 10 s 12 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 (b) the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts; (c) how the works are to be undertaken and design parameters for aspects of the structures or components of the project that may have relevant impacts; (d) the project’s relevant impacts; (e) proposed safeguards and mitigation measures for dealing with the project’s relevant impacts; (f) any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the proposed project; (g) to the extent reasonably practicable, any feasible alternatives to the project, including, for example, the following— (i) if relevant, the alternative of taking no action; (ii) a comparative description of the impacts of each alternative on the matters protected by the controlling provisions for the project; (iii) sufficient detail to clarify why any alternative is preferred to another; (h) any consultation about the project, including, for example, the following— (i) consultation taken and any documented response to, or result of, the consultation; (ii) proposed consultation about the project’s relevant impacts; (i) identification of affected persons and interested persons, including a statement mentioning any communities that may be affected and describing the communities’ views. ‘3 Relevant impacts ‘Information given under section 2(d) must include the following— (a) a description of the project’s relevant impacts;

s 12 11 s 12 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 (b) a detailed assessment of the nature and extent of the likely short term and long term relevant impacts; (c) a statement whether any relevant impacts are likely to be unknown, unpredictable or irreversible; (d) an analysis of the significance of the relevant impacts; (e) any technical data and other information used or needed to make a detailed assessment of the relevant impacts. ‘4 Proposed safeguards and mitigation measures ‘Information given under section 2(e) must include the following— (a) a description, and an assessment of the expected or predicted effectiveness, of the mitigation measures for dealing with the project’s relevant impacts; (b) any statutory or policy basis for the mitigation measures; (c) the cost of the mitigation measures; (d) an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant impacts, including any provision for independent environmental auditing; (e) the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program; (f) a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant impacts, including mitigation measures proposed to be taken by the State, a local government or the proponent. ‘5 Other approvals and conditions ‘ (1) Information given under section 2(f) must include the following—

s 12 12 s 12 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 (a) details of any planning instrument under the Integrated Planning Act 1997 8 dealing with the project including, for example, the following— (i) what environmental assessment of the project has been, or is being, carried out under the planning instrument; (ii) how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts; (b) a description of any approval, other than the Commonwealth approval, obtained from a State or Commonwealth entity, including any approval conditions applying to the project; (c) a statement identifying any other required approval, other than the Commonwealth approval; (d) a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project. ‘ (2) In this section— “Commonwealth approval” means the Commonwealth Minister’s approval of the action the subject of the project under the Commonwealth Act, chapter 4, part 9. ‘6 Proponent’s environmental record ‘ (1) Details of any proceedings under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources (an “environmental law” ) against— (a) the proponent; and (b) the applicant for any permit under an environmental law for the project. ‘ (2) If the proponent is a corporation, details of the corporation’s environmental policy and planning framework. 8 Integrated Planning Act 1997 , schedule 10 (Dictionary)— “planning instrument” means a State planning policy, planning scheme, temporary local planning instrument or planning scheme policy.

s 13 13 s 13 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 ‘7 Information sources ‘The EIS must state the following about information given in the EIS— (a) the source of the information; (b) how recent the information is; (c) how the reliability of the information was tested; (d) any uncertainties in the information.’. 13 Amendment of sch 6 (Fees) (1) Schedule 6, part 1A— insert — ‘Division 1—Application fees and annual fees for transitional authorities’. (2) Schedule 6, item 8, after ‘schedule 1’— insert — ‘or in items 11B to 11D in this schedule’. (3) Schedule 6, item 11, ‘items 21 to’— omit, insert — ‘items 21C and’. (4) Schedule 6, part 1A— After item 11—

s 14 14 s 14 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 insert — ‘ 11A. Annual fee for transitional authority second year of transitional period (s 316 of the Act) . . . . . . . . . . . . . . . . . . . . an amount equal to the higher or highest annual fee for any activity mentioned in schedule 1 proposed to be carried out under the authority, other than an activity mentioned in items 21C and 21D of that schedule ‘Division 2—Annual fees for mining activities Mining activity Level Annual fee $’. 14 Amendment of sch 8C (Prescribed periods under Act) (1) Schedule 8C, section 10— omit, insert— ‘10 Decision period—Act, s 181 ‘ (1) For section 181(1), the period is 10 business days after the later of the following days— (a) the day the administering authority receives the application; (b) if, within 5 business days after the receipt of the application, additional conditions are requested under section 180(2) of the Act—the day the last request for additional conditions is made.’. (2) Schedule 8C, section 11—

s 15 15 s 15 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 omit, insert — ‘11 Assessment period for EM plan assessment report—Act, s 191 ‘ (1) For section 191(2), subject to subsection (2), the period is the later of the following periods to end— (a) 30 business days after the environmental management plan is submitted; (b) if the applicant has amended the plan within the 30 business days—30 business days after the EM plan amendment notice for the amendment is given to the administering authority. ‘ (2) However, if the applicant and administering authority have agreed, in writing, to a shorter period, the period is the shorter period.’. (3) Schedule 8C, section 13— omit, insert— ‘13 Assessment period for EMOS assessment report—Act, s 205 ‘ (1) For section 205(2), subject to subsection (2), the period is the later of the following periods to end— (a) 30 business days after the EMOS is submitted; (b) if the applicant has amended the EMOS within the 30 business days—30 business days after the EMOS amendment notice for the amendment is given to the administering authority. ‘ (2) However, if the applicant and administering authority have agreed, in writing, to a shorter period, the period is the shorter period.’. 15 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition “AS” — omit . (2) Schedule 9— insert — ‘ “action” has the meaning given by the Commonwealth Environment Act, chapter 8, part 23, division 1, subdivision A. “Commonwealth Minister” means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act.

s 15 16 s 15 Environmental Protection Amendment Regulation No. 284, 2001 (No. 1) 2001 “controlling provision” , for a project, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the project under that Act, chapter 4, part 7, division 2. “designated proponent” , for a project, means the person designated as a proponent for the action the subject of the project under the Commonwealth Environment Act, section 75(3). “prescribed environmentally relevant activity” means an activity prescribed as an environmentally relevant activity under section 4(1). “relevant impacts” , for part 1A and schedule 1AA, means the impacts a project has or will have, or is likely to have, on the matter protected by a controlling provision for the project.’. ENDNOTES 1. Made by the Governor in Council on 20 December 2001. 2. Notified in the gazette on 21 December 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Environmental Protection Agency. © State of Queensland 2001