Environmental Protection Amendment Regulation (No. 1) 2011 (Qld)

Queensland Environmental Protection Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 46 made under the Environmental Protection Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of s 22A (Prescribed circumstance for adding, changing or cancelling development condition of particular approval—Act, s 73C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 22A Prescribed circumstances for adding, changing or cancelling a development condition of particular approvals—Act, s 73C .................... 2 4 Amendment of s 63 (Activity involving direct release of waste to groundwater) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 143 (Prescribed local government exempt from fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new ch 9, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011 164 Administering authority to refund particular application and annual fees . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of sch 2 (Chapter 4 activities and aggregate environmental scores) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of sch 12 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 6

Environmental Protection Amendment Regulation (No. 1) 2011 [s 1] 1 Short title This regulation may be cited as the Environmental Protection Amendment Regulation (No. 1) 2011 . 2 Regulation amended This regulation amends the EnvironmentalProtectionRegulation 2008. 3 Replacement of s 22A (Prescribed circumstance for adding, changing or cancelling development condition of particular approval—Act, s 73C) Section 22A— omit, insert— ‘22A Prescribed circumstances for adding, changing or cancelling a development condition of particular approvals—Act, s 73C ‘(1) Each of subsections (2) and (3) prescribe circumstances for section 73C(1)(i) of the Act for adding, changing or cancelling a development condition of the development approval to which the subsection applies. ‘(2) For a development approval for waste disposal at a site, the prescribed circumstance is that immediately before 1 January 2009— (a) the development approval was for former ERA 75; and (b) former ERA 82 was carried out at the site; and (c) there was no development approval for former ERA 82 at the site. ‘(3) For a development approval for asphalt manufacturing or extractive and screening activities at a site, the prescribed circumstance is that immediately before 1 January 2011— (a) 10m 3 to 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 were stored at the site for carrying out the asphalt manufacturing or extractive and screening activities; and Page 2 2011 SL No. 46

Environmental Protection Amendment Regulation (No. 1) 2011 [s 4] (b) there was no development approval for carrying out chemical storage within the threshold mentioned in schedule 2, section 8(3), table, item (3)(a) at the site. ‘(4) In this section— asphalt manufacturing means the environmentally relevant activity under schedule 2, section 6. chemical storage means the environmentally relevant activity under schedule 2, section 8. extractive and screening activities means the environmentally relevant activity under schedule 2, section 16. former ERA 75 means the environmentally relevant activity mentioned in the repealed regulation, schedule 1, item 75. former ERA 82 means the environmentally relevant activity mentioned in the repealed regulation, schedule 1, item 82. repealed regulation means the repealed EnvironmentalProtection Regulation 1998 . waste disposal means the environmentally relevant activity under schedule 2, section 60.’. 4 Amendment of s 63 (Activity involving direct release of waste to groundwater) Section 63(2)(a)— omit, insert — ‘(a) for an application other than an application relating to an environmental authority for a petroleum activity—the waste is not being, or may not be, released entirely within a confined aquifer; or’. 5 Amendment of s 143 (Prescribed local government exempt from fees) (1) Section 143(1)(a)— omit , insert — ‘(a) an indigenous local government;’. 2011 SL No. 46 Page 3

Environmental Protection Amendment Regulation (No. 1) 2011 [s 6] (2) Section 143(1)(d) and (f)— omit. (3) Section 143(1)(e)— renumber as section 143(1)(d). (4) Section 143— insert— ‘(3) In this section— indigenous local government see the Local Government Act2009 , schedule 4.’. 6 Insertion of new ch 9, pt 5 Chapter 9— insert — ‘Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011 ‘164 Administering authority to refund particular application and annual fees ‘(1) This section applies if— (a) before the commencement— (i) a person held a development approval or registration certificate for carrying out asphalt manufacturing or extractive and screening activities at a site; and (ii) for carrying out the asphalt manufacturing or extractive and screening activities, the person stored 10m 3 to 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 at the site; and (iii) the person made a development application (the later application ) to carry out chemical storage Page 4 2011 SL No. 46

Environmental Protection Amendment Regulation (No. 1) 2011 [s 7] within the threshold mentioned in schedule 2, section 8(3), table, item (3)(a) at the site and paid the application fee for the application and the annual fee for a development approval for the chemical storage; and (iv) the administering authority had not assessed the later application; and (b) the person has continued to hold the development approval or registration certificate mentioned in paragraph (a)(i) since the commencement; and (c) the person withdraws the later application. ‘(2) The administering authority must refund the person— (a) the application fee for the later application; and (b) the annual fee for the development approval for the chemical storage. ‘(3) In this section— asphalt manufacturing means the environmentally relevant activity under schedule 2, section 6. chemical storage means the environmentally relevant activity under schedule 2, section 8. commencement means the commencement of this section. extractive and screening activities means the environmentally relevant activity under schedule 2, section 16.’. 7 Amendment of sch 2 (Chapter 4 activities and aggregate environmental scores) (1) Schedule 2, section 8(2), ‘The relevant’— omit , insert — ‘However, the relevant’. (2) Schedule 2, section 8(2)(c) and (d)— renumber as section 8(2)(d) and (e). (3) Schedule 2, section 8(2)— 2011 SL No. 46 Page 5

Environmental Protection Amendment Regulation (No. 1) 2011 [s 8] insert— ‘(c) storing 10m 3 to 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 for carrying out an activity under section 6 or 16; or’. (4) Schedule 2, section 8(4), definitions dangerous goods and storing — omit. 8 Amendment of sch 12 (Dictionary) Schedule 12, part 2— insert — ‘ dangerous goods means dangerous goods under the dangerous goods code. storing , a quantity of a chemical, includes moving the chemical, or some of the chemical, within the site where the chemical is stored.’. ENDNOTES 1 Made by the Governor in Council on 14 April 2011. 2 Notified in the gazette on 15 April 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Environment and Resource Management. © State of Queensland 2011 Page 6 2011 SL No. 46