Environmental Protection Amendment Regulation (No. 3) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 324 Environmental Protection Act 1994 ENVIRONMENTAL PROTECTION AMENDMENT REGULATION (No. 3) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 44 (Fees—general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Subdivision 1—Fees for environmental authorities 44 Definitions for subdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 44AA General fees for environmental authority . . . . . . . . . . . . . . . . . . . . . 4 44AB Fee for transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 44AC Fee for anniversary changeover applications. . . . . . . . . . . . . . . . . . . 5 5 Omission of s 44B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Renumbering of ss 44AA–44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 45 (Refund of annual fee if environmental authority refused) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Replacement of ss 46–48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subdivision 2—Application and annual fees for integrated authorities 46 Application and annual fees for integrated authority. . . . . . . . . . . . . 6 Subdivision 3—Fees for adding new constituent part to integrated authority 47 Application of subdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 48 Definitions for subdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 48A Fee for adding new constituent part to integrated authority . . . . . . . 7

2 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 48B Refund of amount in particular circumstances . . . . . . . . . . . . . . . . . 8 9 Insertion of new pt 4, div 3, subdiv 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 49 (Application for waiver of fee) . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 50 (Criteria for deciding waiver application). . . . . . . . . . . 9 12 Insertion of new pt 4, div 3, subdiv 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Amendment of s 51A (Fee for late payment of annual fee) . . . . . . . . . . . . . 10 14 Insertion of new s 51B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 51B Fees for contaminated land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Amendment of s 62 (Review of decisions and appeals) . . . . . . . . . . . . . . . . 11 16 Amendment of sch 1 (Prescribed environmentally relevant activities and annual fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Amendment of sch 6 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

s1 3 s4 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 1 Short title This regulation may be cited as the Environmental Amendment Regulation (No. 3) 2002 . Protection 2 Commencement This regulation, other than section 16(4), commences on 1 January 2003. 3 Regulation amended This regulation amends the Environmental Protection Regulation 1998. 4 Replacement of s 44 (Fees—general) (1) Section 44— omit, insert — ‘Subdivision 1—Fees for environmental authorities ‘44 Definitions for subdiv 1 ‘In this subdivision— “anniversary changeover application” means an application, under section 318A 1 of the Act, to change the anniversary day for an environmental authority. “transfer application” means a transfer application under chapter 4, part 6, division 2, or chapter 5, part 9, 2 of the Act. 1 Section 318A (Changing anniversary day) of the Act 2 Chapter 4 (Development approvals and environmental authorities other than for mining activities), part 6 (Dealings with licences), division 2 (Transfer of licenses (without development approval)), or chapter 5 (Environmental authorities for mining activities), part 9 (Transfer of authorities), of the Act

s4 4 s4 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 ‘44AA General fees for environmental authority ‘ (1) The fees payable under the Act for an environmental authority, other than fees for a transfer application or an anniversary changeover application, or a development approval are— (a) for an environmental authority, other than an environmental authority (mining activities), or a development approval— (i) the fees stated in schedule 6, part 1; or (ii) if the authority or approval relates to a devolved activity and the local government to which the fee for the authority or approval is payable has made a resolution or local law prescribing a lower fee—the fees prescribed by the resolution or local law; or (b) for an environmental authority (mining activities)—the fees stated in schedule 6, part 2. 3 ‘ (2) However, if the environmental authority is a constituent part of an integrated authority, the application and annual fees payable in relation to the environmental authority are the application and annual fees payable for the integrated authority. 4 ‘44AB Fee for transfer application ‘The fee for a transfer application is— (a) for an environmental authority that is a constituent part of an integrated authority—the amount worked out by using the following formula— TF = 50 +  3- A- -- 6- - F- 5- × D  where— “TF” is the amount of the fee for the transfer application. 3 See, however, section 49 (Application for waiver of fee). 4 See section 46 (Application and annual fees for integrated authorities) and subdivision 3 (Fees for adding new constituent part to integrated authority) for fees payable in relation to integrated authorities. See also section 49 (Application for waiver of fee).

s5 5 s6 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 “AF” is an amount equal to the annual fee payable for an environmental authority of the same type as the constituent part. “D” is the number of days from the day the transfer application is made to the next anniversary day for the environmental authority; or (b) for another environmental authority—$50.00. ‘44AC Fee for anniversary changeover applications ‘ (1) The fee payable for an anniversary changeover application must be worked out using the following formula— CF = 150 +  - 3A- -- 6- - F- 5- × D  where— “CF” is the amount of the fee for the anniversary changeover application. “AF” is an amount equal to the annual fee payable for an environmental authority of the type to which the anniversary changeover application relates. “D” is the number of days in the interim year. ‘ (2) In this section— “interim year” see section 318B(1)(a) 5 of the Act.’. 5 Omission of s 44B Section 44B— omit. 6 Renumbering of ss 44AA–44A Sections 44AA to 44A— renumber as sections 44A to 44D. 5 Section 318B (Special provisions for changeover in anniversary day) of the Act

s7 6 s8 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 7 Amendment of s 45 (Refund of annual fee if environmental authority refused) Section 45, heading, after ‘fee’— insert — ‘ component ’. 8 Replacement of ss 46–48 Sections 46 to 48— omit, insert— ‘Subdivision 2—Application and annual fees for integrated authorities ‘46 Application and annual fees for integrated authority ‘ (1) The application fee payable for an integrated authority is an amount equal to the higher or highest application fee payable for the environmental authorities that are the constituent parts of the integrated authority. ‘ (2) The annual fee payable for an integrated authority is an amount equal to the higher or highest annual fee payable for the environmental authorities that are constituent parts of the integrated authority. ‘ (3) For this section, the application or annual fee payable for an environmental authority that is a constituent part of an integrated authority is the application or annual fee that would have been payable, under section 44A, for the environmental authority if it was not a constituent part of an integrated authority. Example — An integrated authority consists of the following constituent parts— 1. An environmental authority relating to metal surface coating having an annual throughput of metal products of more than 2 000 t but less than 10 000 t 2. An environmental authority relating to metal works having a design capacity of more than 100 t but less than 10 000 t 3. An environmental authority (mining activities) relating to mining activities, other than a standard mining activity, carried out using equipment and plant having a mineral ore throughput of less than 100 000 t a year.

s8 7 s8 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 The annual fee that would be payable, under section 44A, for each of the constituent parts if it were not a constituent part is— • for the environmental authority relating to metal surface coating—$600.00 being the amount stated opposite the activity in schedule 1, item 25(b). • for the environmental authority relating to metal works—$12 380.00 being the amount stated opposite the activity in schedule 1, item 41(b). • for the environmental authority relating to mining activities—$4 880.00 being the amount stated opposite the activity in schedule 6, item 12(a). Therefore, the annual fee payable for the integrated authority is $12 380.00 being the higher or highest of the annual fees payable for the constituent parts. ‘Subdivision 3—Fees for adding new constituent part to integrated authority ‘47 Application of subdiv 3 ‘This subdivision applies to an application, under section 315D 6 of the Act, to amend an integrated authority to add an environmental authority as a new constituent part of the integrated authority. ‘48 Definitions for subdiv 3 ‘In this subdivision— “annual fee” includes the annual fee component of the application fee for the environmental or integrated authority. “next anniversary day” , in relation to a new constituent part or an integrated authority, means the first anniversary day for the new constituent part or integrated authority after the day the application to add the new constituent part to the integrated authority is made. ‘48A Fee for adding new constituent part to integrated authority ‘ (1) The fee payable for the application is $150.00. ‘ (2) However, if the next anniversary day of the new constituent part is before the next anniversary day of the integrated authority and the annual 6 Section 315D (Adding new constituent part) of the Act

s8 8 s8 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 fee for the new constituent part is higher than the annual fee for the integrated authority, the fee payable for the application is the sum of— (a) $150.00; and (b) an additional amount worked out using the following formula— A =  - A- --- F- 3- -- 6- – -- 5- -- I- -- F- -  × D where— “A” is the additional amount. “AF” is an amount equal to the annual fee payable for an environmental authority of the same type as the new constituent part. “IF” is the annual fee for the integrated authority for the year in which the application is made. “D” is the number of days from the anniversary day of the new constituent part to the anniversary day for the integrated authority. ‘48B Refund of amount in particular circumstances ‘ (1) If the next anniversary day of the new constituent part is after the next anniversary day of the integrated authority, the administering authority must refund an amount worked out using the following formula— AR =  - 3A- -- 6- - F- 5- × D  where— “AR” is the amount of the refund. “AF” is an amount equal to the annual fee payable for an environmental authority of the same type as the new constituent part. “D” is the number of days from the next anniversary day of the integrated authority to the next anniversary day for the new constituent part. ‘ (2) However, if the payment of the annual fee for an environmental authority is waived, wholly or partly, for the year in which the application to add the environmental authority as a new constituent part is made, the

s 9 9 s 11 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 amount of the refund worked out under subsection (1) must be reduced by— (a) if the payment of the whole annual fee is waived—100%; or (b) if the payment of part of the annual fee is waived—the percentage of the annual fee that is waived. ‘ (3) The administering authority may offset all or part of the refund worked out under this section against the application fee payable under section 48A.’. 9 Insertion of new pt 4, div 3, subdiv 3, hdg Before section 49— insert — ‘Subdivision 4—Waiver of fees for environmental or integrated authorities’. 10 Amendment of s 49 (Application for waiver of fee) (1) Section 49(1)(a), after ‘environmental’— insert— ‘or integrated’. (2) Section 49(1)(b)— omit, insert — ‘(b) an annual fee for an environmental or integrated authority.’. 11 Amendment of s 50 (Criteria for deciding waiver application) (1) Section 50(1)(a) and (b), ‘the person’— omit, insert — ‘the applicant’. (2) Section 50(3)(a) and (4), ‘licence’— omit, insert —

s 12 10 s 14 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 ‘environmental or integrated authority for which the waiver application is made’. (3) Section 50(5)— insert— ‘ “activity” means— (a) for an environmental authority—the environmentally relevant activity under the environmental authority for which the waiver application is made; or (b) for an integrated authority—the environmentally relevant activity under each of the constituent parts of the integrated authority for which the waiver application is made.’. 12 Insertion of new pt 4, div 3, subdiv 4, hdg Before section 51A— insert — ‘Subdivision 5—Other fees’. 13 Amendment of s 51A (Fee for late payment of annual fee) Section 51A(1)(a)— omit, insert— ‘(a) a holder of an environmental or integrated authority has not paid an annual fee or part of an annual fee for the authority— (i) on or before the anniversary day for the authority; or (ii) if a waiver application for the annual fee was made and has, under section 51, been refused or only partly waived—on or before the due day fixed, under section 51(2), for payment of the outstanding amount of the fee; and’. 14 Insertion of new s 51B After section 51A—

s 15 11 s 16 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 insert— ‘51B Fees for contaminated land ‘The fees payable for contaminated land are stated in schedule 6, part 3.’. 15 Amendment of s 62 (Review of decisions and appeals) (1) Section 62(1), ‘a decision as follows’— omit, insert — ‘the following decisions’. (2) Section 62(1)(b)— omit, insert — ‘(b) a decision of the administering authority to refuse to waive, or to only partly waive, the payment of an application or annual fee for an environmental or integrated authority;’. 16 Amendment of sch 1 (Prescribed environmentally relevant activities and annual fees) (1) Schedule 1, heading, after ‘and’— insert — ‘ AMOUNTS FOR ’. (2) Schedule 1, column 3, heading— omit, insert — ‘ Amount for annual fees ’. (3) Schedule 1, items 1(a), 2(a), 3(a), 4(a), 7(a), 10(b), 11(a), 13(a), 16, 20(a), 21C, 21D, 22(a), 24, 26, 31, 35, 38, 40(a)(i), (b)(i) and (c), 43, 45, 50(a), 52, 59, 65, 68, 70, 71, 73(a), 76(a) and (b), 77, 79, 80 and 83(a), column 3, ‘—’— omit, insert — ‘nil’. (4) Schedule 1, item 83(b)(i), ‘35’—

s 17 12 s 17 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 omit, insert — ‘36’. 17 Amendment of sch 6 (Fees) (1) Schedule 6, parts 1A and 2— renumber as parts 2 and 3. (2) Schedule 6, items 11B to 13— renumber as items 12 to 16. (3) Schedule 6, part 1— omit, insert — ‘PART 1—FEES FOR ENVIRONMENTAL AUTHORITIES OTHER THAN ENVIRONMENTAL AUTHORITIES (MINING ACTIVITIES) AND FOR DEVELOPMENT APPROVALS section 44A(1)(a) $ 1. Application for assessment of development application under the Act, ch 4, pt 2 . . . . . . . . . . . 200.00 plus an amount equal to the amount stated, in schedule 1, opposite the activity to which the application relates 2. Request, under the IntegratedPlanningAct, s 3.5.33, to change or cancel condition imposed on a development approval . . . . . . . . . . . . . . . . . . . . . . 150.00 3. Application for an environmental authority, other than a level 2 approval . . . . . . . . . . . . . . . . . . . . . . 200.00 plus an amount equal to the annual fee for the authority 4. Application for a level 2 approval (Act, s 100) . . . 200.00

s 17 13 s 17 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 $ 5. Conversion application under the Act, ch 4, pt 4 . 200.00 6. Amendment application under the Act, ch 4, pt 5 . 150.00 7. Annual fee for an environmental authority . . . . . . the amount stated, in schedule 1, opposite the activity to which the environmental authority relates’. (4) Schedule 6, part 2, as renumbered, division 1 and division 2, heading— omit, insert — ‘PART 2—FEES FOR ENVIRONMENTAL AUTHORITIES (MINING ACTIVITIES) section 44A(1)(b) ‘Division 1—Application fees and annual fees $ 8. Application for standard environmental authority (mining activities), other than an environmental authority (prospecting) or environmental authority (mining claim) (Act, s 154) . . . . . . . . . 200.00 9. Application for a non-standard environmental authority (mining activities) (Act, s 154). . . . . . . 200.00 plus an amount equal to the annual fee for the authority 10. Amendment application for environmental authority (mining activities) (Act, s 240). . . . . . . 150.00

s 18 14 s 18 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 $ 11. Annual fee for an environmental authority (mining activities)— (a) if the authority is for 1 environmentally relevant activity . . . . . . . . . . . . . . . . . . . . . . . . the amount stated, in schedule 1 or items 12 to 14 of this schedule, opposite the activity to which the authority relates (b) if the authority is for more than 1 environmentally relevant activities . . . . . . . . the higher or highest amount stated, in schedule 1 or items 12 to 14 of this schedule, opposite the activities to which the authority relates ‘Division 2—Amounts for annual fees for particular environmental authorities (mining activities) ’. (5) Schedule 6, part 2, as renumbered, division 2, column 3, heading— omit, insert — ‘ Amount for annual fees ’. (6) Schedule 6, part 3, as renumbered, heading, ‘section 44B’— omit, insert — ‘section 51B’. 18 Amendment of sch 9 (Dictionary) Schedule 9— insert — ‘ “anniversary changeover application” , for part 4, division 3, subdivision 1, see section 44. “annual fee” , for part 4, division 3, subdivision 3, see section 48.

s 18 15 s 18 Environmental Protection Amendment Regulation No. 324, 2002 (No. 3) 2002 “annual fee component” , of an application fee, means the part of the application fee that is equal to the amount of the annual fee for the environmental authority for which the application fee is payable. “next anniversary day” , for part 4, division 3, subdivision 3, see section 48. “transfer application” , for part 4, division 3, subdivision 1, see section 44.’. ENDNOTES 1. Made by the Governor in Council on 5 December 2002. 2. Notified in the gazette on 6 December 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Environmental Protection Agency. © State of Queensland 2002