Environmental Protection Amendment Regulation (No. 2) 2013 (Qld)

Queensland Environmental Protection Amendment Regulation (No. 2) 2013 Subordinate Legislation 2013 No. 271 made under the Environmental Protection Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 16 (Meaning of concurrence ERA) . . . . . . . . . . 3 5 Insertion of new ss 23 and 23A . . . . . . . . . . . . . . . . . . . . . . . . . . 3 23 Designated environmental areas . . . . . . . . . . . . . . . . 3 23A Prescribed conditions for small scale mining activities—Act, s 21A . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 101 (Particular prescribed ERAs) . . . . . . . . . . . 4 7 Insertion of new ch 9, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 8 Transitional provisions for Environmental Protection Amendment Regulation (No. 2) 2013 174 Continuing devolution of power for particular local governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 175 When to pay financial assurance . . . . . . . . . . . . . . . . 5 8 Insertion of new schs 2B to 2D. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Schedule 2B Designated environmental areas—agricultural research facilities Schedule 2C Prescribed conditions for small scale mining activities Schedule 2D Rates of financial assurance

Environmental Protection Amendment Regulation (No. 2) 2013 Contents 9 Amendment of sch 3 (Continued codes of environmental compliance—Act, s 707A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Amendment of sch 3B (Approved eligibility criteria for environmentally relevant activities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Amendment of sch 5 (Environmental objective assessment). . . . 16 12 Insertion of new sch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Schedule 8A Other local governments 13 Amendment of sch 10 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Page 2 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 1] 1 Short title This regulation may be cited as the Environmental Protection Amendment Regulation (No. 2) 2013 . 2 Commencement Sections 6, 7 and 12 commence on 1 January 2014. 3 Regulation amended This regulation amends the EnvironmentalProtectionRegulation 2008 . 4 Amendment of s 16 (Meaning of concurrence ERA ) (1) Section 16(2)— renumber as section 16(3). (2) Section 16— insert — (2) However, a mobile and temporary environmentally relevant activity is not a concurrence ERA. 5 Insertion of new ss 23 and 23A Chapter 3, part 2— insert — 23 Designated environmental areas For schedule 4, definition small scale mining activity, paragraphs (a)(vi) and (b)(v) of the Act, the following areas are prescribed as designated environmental areas— (a) for each agricultural research facility mentioned in schedule 2B, the area with the land description shown opposite the facility’s name; 2013 SL No. 271 Page 3

Environmental Protection Amendment Regulation (No. 2) 2013 [s 6] (b) a coastal management district under the CoastalProtectionandManagementAct1995 ; (c) coastal wetlands under the CoastalProtection and Management Act 1995 ; (d) the designated landscape area called ‘the Stanbroke Pastoral Development Holding’ recorded on the register under the Aboriginal Cultural Heritage Act 2003 ; (e) a nature refuge under the NatureConservation Act 1992 ; (f) a reservation for public purposes under the Land Act 1994 , section 23; (g) a resources reserve under the NatureConservation Act 1992 ; (h) a State forest under the Forestry Act 1959 ; (i) a timber reserve under the ForestryAct1959 . 23A Prescribed conditions for small scale mining activities—Act, s 21A For section 21A of the Act, the conditions stated in schedule 2C are prescribed. 6 Amendment of s 101 (Particular prescribed ERAs) (1) Section 101, ‘the local government for the local government area where the activity is, or is to be, carried out’— omit, insert — a prescribed local government where the activity is, or is to be, carried out in its local government area (2) Section 101— insert — (2) In this section— Page 4 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 7] prescribed local government means a local government, other than a local government mentioned in schedule 8A. 7 Insertion of new ch 9, pt 8 Chapter 9— insert — Part 8 Transitional provisions for Environmental Protection Amendment Regulation (No. 2) 2013 174 Continuing devolution of power for particular local governments (1) This section applies to an application, made under the Act, relating to a prescribed ERA mentioned in section 101 if— (a) before the commencement of this section, a person made the application to a local government mentioned in schedule 8A; and (b) at the commencement, the application had not been decided by the local government. (2) The administration of the Act in relation to deciding the application continues to be devolved to the local government for the purpose of the application and only until the application is decided. 175 When to pay financial assurance (1) This section applies if, within 30 business days after the commencement of this section, a holder of a small scale mining tenure carries out a mining activity mentioned in schedule 2C, part 2, section 1. 2013 SL No. 271 Page 5

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] (2) Despite schedule 2C, part 2, section 11(a), the holder must pay the financial assurance within 30 business days after the commencement of this section. 8 Insertion of new schs 2B to 2D After schedule 2A— insert — Schedule 2B Designated environmental areas—agricultural research facilities section 23 Name Applethorpe research station Ayr research station Bowen research station Bribie Island aquaculture research station Bundaberg research station Gatton research station Description Lot 249 on BNT1800 situated in the County of Bentinck Lot 97 on GS867 situated in the County of Gladstone Lot 112 on HR963, lot 1 on RP715403 and lot 39 on SP113324 situated in the County of Herbert Lot 190 on CG805819 and lot 1 on SP248827 situated in the County of Canning Lot 16 on CK813259 situated in the County of Cook Lot 189 on CC3307 situated in the County of Churchill Page 6 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] Name Description Glengarry research station Hermitage research station J. Bjelke-Petersen research station Kairi research station Kennlea research station Kingsthorpe research station Leslie research station Maroochy horticultural research station Mary Valley research station Mutdapilly research station Redlands research station Redvale research station Lot 34 on RP91429 situated in the County of Aubigny Lots 100, 1304, 156 and 159 on ML2001 situated in the County of Merivale Lot 349 on CP904165 and lot 379 on FY2924 situated in the County of Fitzroy Lot 1 on SP241295 situated in the County of Nares Lot 3 on RP58646 and lot 1 on RP904403 situated in the County of Aubigny Lot 2 on RP129751 situated in the County of Aubigny Lot 928 on AG2196 situated in the County of Aubigny Lot 676 on CG5055 and lot 941 on CG6160 situated in the County of Canning Lot 3 on SP186078 situated in the County of March Lot 111 on SP240462 situated in the County of Churchill Lots 31, 32 and 43 on C145614, lots 1, 2 and 3 on C668, lot 6 on C671 and lot 145 on SL11048 situated in the County of Stanley Lot 475 on FY2951 situated in the County of Fitzroy 2013 SL No. 271 Page 7

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] Name Description Rosebank research station Lot 218 on SP237183 situated in the County of Portland South Johnstone research station Lot 61 on NR6878 situated in the County of Nares Spyglass Beef research station Lot 4835 on CP858256, lot 1 on OC57, lot 3 on RP841848, lot 4 on SP233424 situated in the County of O’Connell Swans Lagoon research station Lot 7 on GS1064, lot 11 on GS1065, lots 3 and 6 on SP143785 and lot 116 on SP256839 situated in the County of Gladstone Tropical weeds research station and residence Lot 36 on CP889406, lots 208 and 209 on DV583, lot 197 on DV735 and lot 1 on MPH785 situated in the County of Davenport Walkamin research station Lot 568 on N157284 situated in the County of Nares Wellcamp field research station Lot 209 on AG3878 situated in the County of Aubigny Page 8 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] Schedule 2C Prescribed conditions for small scale mining activities section 23A Part 1 Definitions for sch 2C In this schedule— dam means a man-made structure or hollow prepared for the retention of aqueous substances used in or produced by the operation of a mining activity. density of cover , of vegetation in a particular area, means— (a) if the plant species are trees or shrubs—the number of trees or shrubs in the area; or (b) if the plant species are understorey species, for example, grasses and forbs—the percentage of surface area covered by a particular species in the area. guidelines for Livestock Drinking Water means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000. water bore means an artesian bore or a sub-artesian bore under the Water Act 2000 . 2013 SL No. 271 Page 9

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] Part 2 Conditions for mining claims and exploration permits 1 This part applies to a small scale mining tenure if the mining activity for the tenure is carried out under a mining claim or exploration permit. 2 The holder of the small scale mining tenure must rehabilitate all areas disturbed by mining activities on the mining tenure before— (a) the tenure expires; or (b) the tenure is surrendered. 3 For an area that has been mined on the tenure, the holder must finish progressive rehabilitation of the area within 1 year of finishing the mining activity in the area. 4 The holder must carry out and finish rehabilitation works to establish a landform— (a) that is safe, stable and self-sustaining; and (b) with vegetation of a species and density of cover similar to surrounding undisturbed areas or the landform that existed before mining activities. 5 However— (a) section 4 does not apply to infrastructure of the mine that remains on the land under section 6; and (b) the vegetation mentioned in section 4(b) does not include a species declared under the LandProtection(PestandStockRouteManagement) Regulation 2003 as a category class 1 pest, category class 2 pest or category class 3 pest. Page 10 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] 6 For infrastructure of the mine that remains on the land after the small scale mining activity stops, the holder must enter into a written agreement with the owner of the land providing for the owner to take over responsibility for the infrastructure. Examples of infrastructure of a mine — a dam or a road 7 If a dam remains on the land after the small scale mining activity stops and is used for livestock drinking supplies, the holder must ensure that— (a) the dam is safe; and (b) its water quality complies with the acceptable water quality Guidelines for Livestock Drinking Water when the agreement with the landowner takes effect; and (c) safe access is provided for livestock and native animals. 8 The holder of a small scale mining tenure, other than a holder mentioned in section 9, must give the administering authority financial assurance of an amount to be calculated under schedule 2D for the holder’s— (a) tenure type; and (b) environmental risk of the activity under the tenure; and (c) the proposed area of disturbance as stated in— (i) the work program for the holder’s current mining claim under the MineralResourcesAct1989, sections 61(1)(j)(iv) and 81(1)(c); or 2013 SL No. 271 Page 11

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] (ii) the program of work for the holder’s exploration permit under the MineralResources Act 1989, section 133(f)(i). 9 Section 10 applies if a holder of a small scale mining tenure— (a) held, on 31 March 2013, an environmental authority for the activity carried out under the tenure; and (b) an amount of financial assurance for the environmental authority is held by the administering authority. 10 The holder must give the administering authority financial assurance of an amount that is equal to the amount held. Note — Under the Act, section 712(2), the amount of financial assurance for an environmental authority held by the administering authority is taken to be the financial assurance required under this condition. 11 The financial assurance must be paid— (a) before the day the relevant activity is carried out under the mining tenure; and (b) as security for— (i) compliance with other prescribed conditions for carrying out the small scale mining activity; and (ii) costs or expenses, or likely costs or expenses, mentioned in section 298 of the Act. Page 12 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] Part 3 Additional conditions for exploration permits 1 This part applies to a small scale mining tenure if the mining activity for the tenure is carried out under an exploration permit. 2 The holder must rehabilitate drill pads and excavations as soon practicable after sampling is finished, and within 3 months of starting the drilling or excavating. 3 The holder must, within 30 business days of drilling commencing, ensure that any drill hole is— (a) decommissioned; or (b) converted to a water bore. 4 If a drill hole is to be used for ongoing groundwater production or monitoring purposes, the holder must convert the drill hole to a water bore under the Water Act 2000 . 5 The holder may only transfer a functional water bore to an owner of land if the holder and the owner enter into a written agreement. 6 Any drill hole or water bore that is not transferred to the owner or the State must be decommissioned by cementing the hole, including the annular space around casing, from top to bottom. 2013 SL No. 271 Page 13

Environmental Protection Amendment Regulation (No. 2) 2013 [s 8] Schedule 2D Rates of financial assurance section 23A and schedule 2C Tenure type Mining claim Exploration permit (minerals) Environmental risk Hand Hand mining Machinery Machinery Low risk of the activity (area mining (not used for used for of disturbance (previously previously mining mining with hectares) mined) mined) with no a dam dam High risk 0 to 0.1 $ $ $ $ $ $ 200 400 400 3400 2500 5000 more than 0.1 to 0.5 more than 0.5 to 1 more than 1 to 2 more than 2 to 3 more than 3 to 4 more than 4 to 5 400 1000 2000 3000 4000 5000 800 2000 4000 6000 8000 10000 2000 4000 8000 12000 16000 20000 5000 7000 11000 15000 19000 23000 not applicable Page 14 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 9] 9 Amendment of sch 3 (Continued codes of environmental compliance—Act, s 707A) (1) Schedule 3, part 1, item 1— omit . (2) Schedule 3, part 1, items 2 and 3— renumber as schedule 3, part 1, items 1 and 2. (3) Schedule 3, part 2, items 4 to 6— renumber as schedule 3, part 2, items 3 to 5. 10 Amendment of sch 3B (Approved eligibility criteria for environmentally relevant activities) Schedule 3B— insert — Eligibility criteria and standard conditions for cattle feedlotting (ERA 2) Eligibility criteria and standard conditions for sheep feedlotting (ERA 2) Eligibility criteria and standard conditions for pig keeping (ERA 3) Eligibility criteria and standard conditions for poultry farming (ERA 4) Eligibility criteria and standard conditions for chemical manufacturing (water based paint) (ERA 7) Eligibility criteria and standard conditions for chemical manufacturing (soap, surfactants or cleaning or toiletry products) (ERA 7) Eligibility criteria and standard conditions for retreading tyres (ERA 13) Eligibility criteria and standard conditions for extracting material (ERA 16) 2013 SL No. 271 Page 15

Environmental Protection Amendment Regulation (No. 2) 2013 [s 11] Eligibility criteria and standard conditions for screening (5000 tonnes to 100,000 tonnes of material in a year) (ERA 16) Eligibility criteria and standard conditions for screening (more than 100,000 tonnes but not more than 1 million tonnes of material in a year) (ERA 16) Eligibility criteria and standard conditions for screening (more than 1 million tonnes of material in a year) (ERA 16) Eligibility criteria and standard conditions for bottling or canning food (ERA 23) Eligibility criteria and standard conditions for meat processing (not including rendering) (ERA 25) Eligibility criteria and standard conditions for meat processing (including rendering) (ERA 25) Eligibility criteria and standard conditions for milk processing (ERA 26) Eligibility criteria and standard conditions for metal foundry (ERA 29) Eligibility criteria and standard conditions for surface coating (ERA 38) Eligibility criteria and standard conditions for tyre recycling (ERA 59) Eligibility criteria and standard conditions for sewage treatment works (ERA 63) 11 Amendment of sch 5 (Environmental objective assessment) Schedule 5, part 2, item 7(f), ‘being carrying out’— omit, insert — being carried out Page 16 2013 SL No. 271

Environmental Protection Amendment Regulation (No. 2) 2013 [s 12] 12 Insertion of new sch 8A After schedule 8— insert — Schedule 8A Other local governments section 101(2), definition prescribed local government Balonne Shire Council Barcaldine Regional Council Barcoo Shire Council Bulloo Shire Council Carpentaria Shire Council Central Highlands Regional Council Charters Towers Regional Council Cook Shire Council Croydon Shire Council Diamantina Shire Council Gympie Regional Council Hinchinbrook Shire Council Lockyer Valley Regional Council Longreach Regional Council Scenic Rim Regional Council Tablelands Regional Council Winton Shire Council 13 Amendment of sch 10 (Fees) Schedule 10, part 4— 2013 SL No. 271 Page 17

Environmental Protection Amendment Regulation (No. 2) 2013 [s 13] insert — 15A application for a temporary emissions licence (Act, s 357B(5)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2200.00 ENDNOTES 1 Made by the Governor in Council on 5 December 2013. 2 Notified on the Queensland legislation website on 6 December 2013. 3 The administering agency is the Department of Environment and Heritage Protection. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 18 2013 SL No. 271