Environmental Protection and Other Legislation Amendment Act 2014 (Qld)

Queensland Environmental Protection and Other Legislation Amendment Act 2014 Act No. 59 of 2014

Queensland Environmental Protection and Other Legislation Amendment Act 2014 Contents Part 1 1 2 Part 2 3 4 5 6 Part 3 7 8 Part 4 9 9A 10 10A 10B 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of Biological Control Act 1987 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 8 (Queensland Biological Control Authority) . . . 20 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 9 Validation provision 57 Validation provision relating to changes to name of Council 20 Amendment of Coastal Protection and Management Act1995 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 133 (Protection from liability). . . . . . . . . . . . . . . 21 Amendment of EnvironmentalOffsetsAct2014 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 5 (Relationship with particular Acts) . . . . . . . . . 22 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 13A Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of s 13 (Content of environmental offsets policy) . . . 22 Insertion of new s 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 13B What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 22 Replacement of s 14 (Imposing offset condition) . . . . . . . . . . . . . 23 14 Imposing offset condition . . . . . . . . . . . . . . . . . . . . . . 23 Replacement of s 15 (Restriction on imposition of offset condition) 23

Environmental Protection and Other Legislation Amendment Act 2014 Contents 13 13A 13B 13C 13D 13E 13F 13G 13H 14 15 15A 16 Part 5 Division 1 17 Division 2 17A 18 19 20 Page 2 15 Restriction on imposition of offset condition . . . . . . . . 24 Amendment of pt 6 hdg (Requirements about offset conditions) . 25 Amendment of s 16 (Conditions that apply under this Act to authority)25 Replacement of ss 18 and 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 18 Electing how to deliver environmental offset . . . . . . . 25 19 Agreed delivery arrangements . . . . . . . . . . . . . . . . . . 27 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 19A Agreed delivery arrangement before authority granted 29 Insertion of new s 19B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 19B Deemed condition for agreed delivery arrangement . 30 Replacement of s 20 (Amending agreement after prescribed activity starts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 20 Amending agreement after prescribed activity starts . 31 Replacement of s 21 (What is a proponent-driven offset) . . . . . . 32 21 What is a proponent-driven offset . . . . . . . . . . . . . . . 32 Amendment of s 23 (What is a financial settlement offset) . . . . . 32 Amendment of s 24 (Requirements for financial settlement offsets) 33 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 6A When offset conditions stop applying 25A Removing duplicate conditions. . . . . . . . . . . . . . . . . . 33 Amendment of s 93 (Regulation-making power) . . . . . . . . . . . . . 35 Insertion of new ss 95A and 95B . . . . . . . . . . . . . . . . . . . . . . . . . 35 95A Undecided applications for authorities . . . . . . . . . . . . 35 95B Amendment of existing authorities . . . . . . . . . . . . . . . 36 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 38 Amendment of EnvironmentalProtectionAct1994 Preliminary Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Amendments commencing on assent Amendment of s 17 (Serious environmental harm) . . . . . . . . . . . 41 Replacement of s 18 (Meaning of environmentally relevant activity) 41 18 Meaning of environmentally relevant activity . . . . . . . 41 Amendment of s 19 (Environmentally relevant activity may be prescribed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 19A Interaction between prescribed ERAs and resource activities 42 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Contents 21 Amendment of s 47 (When EIS may be submitted) . . . . . . . . . . . 43 22 Amendment of s 49 (Decision on whether EIS may proceed) . . . 43 23 Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 49A Proponent may resubmit EIS . . . . . . . . . . . . . . . . . . . 44 24 Amendment of s 50 (Ministerial review of refusal to allow to proceed) 45 25 Amendment of s 51 (Public notification) . . . . . . . . . . . . . . . . . . . . 45 26 Amendment of s 52 (Required content of EIS notice) . . . . . . . . . 45 27 Amendment of s 56A (Assessment of adequacy of response to submission and submitted EIS) . . . . . . . . . . . . . . . . . . . . . . . . . . 45 28 Insertion of new s 56AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 56AA Proponent may resubmit EIS . . . . . . . . . . . . . . . . . . . 46 29 Amendment of s 56B (Ministerial review of refusal to allow submitted EIS to proceed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 30 Amendment of s 57 (EIS assessment report) . . . . . . . . . . . . . . . 47 31 Amendment of s 63 (Disclosure of relevant documents or information) 47 32 Amendment of s 64 (Making of inquiry does not of itself alter EIS process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 33 Amendment of s 112 (Other key definitions for ch 5) . . . . . . . . . . 48 34 Amendment of s 136 (When does application stage end) . . . . . . 48 35 Amendment of s 148 (When does information stage end) . . . . . . 49 36 Amendment of s 165 (When does decision stage start—general) 49 37 Amendment of s 207 (Conditions that may be imposed) . . . . . . . 49 38 Amendment of s 213 (Amendment of environmental authorities to reflect new standard conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 39 Amendment of s 223 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . 50 40 Amendment of s 226 (Requirements for amendment application generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 41 Insertion of new ch 5, pt 7, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 2A Provision for particular amendment applications 227A Early refusal of particular amendment applications and requirement to replace environmental authority . . . . . 51 42 Insertion of new s 227B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 227B Amendment applications to which div 3 does not apply 52 43 Amendment of s 240 (Deciding amendment application). . . . . . . 52 44 Amendment of s 241 (Criteria for deciding amendment application) 53 45 Amendment of s 242 (Steps after deciding amendment application) 53 2014 Act No. 59 Page 3

Environmental Protection and Other Legislation Amendment Act 2014 Contents 46 Amendment of ch 5, pt 8, hdg (Amalgamating environmental authorities) 53 47 Amendment of s 243 (Definitions for pt 8) . . . . . . . . . . . . . . . . . . 53 48 Insertion of new ch 5, pt 8, div 1A, hdg . . . . . . . . . . . . . . . . . . . . 53 49 Amendment of ch 5, pt 8, div 3, hdg (Miscellaneous provisions) . 54 50 Insertion of new ch 5, pt 8, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 4 De-amalgamating environmental authorities 250A Who may apply for de-amalgamation. . . . . . . . . . . . . 54 250B Requirements for de-amalgamation application . . . . . 55 250C De-amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 250D When de-amalgamation takes effect . . . . . . . . . . . . . 56 51 Amendment of s 278 (Cancellation or suspension by administering authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 52 Amendment of s 284B (Requirements for suspension application) 57 53 Amendment of s 293 (New holder must give financial assurance before acting under environmental authority or small scale mining tenure) 57 54 Amendment of s 295 (Deciding amount and form of financial assurance) 57 55 Amendment of s 302 (Who may apply) . . . . . . . . . . . . . . . . . . . . 57 56 Amendment of s 303 (Requirements for application) . . . . . . . . . . 58 57 Amendment of s 307 (Replenishment of financial assurance) . . . 58 58 Amendment of s 309 (Particular requirement for annual return for CSG environmental authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 59 Omission of s 309A (Particular requirement for annual return for existing petroleum tenure under P&G Act) . . . . . . . . . . . . . . . . . . . . . . . . 58 60 Amendment of s 314 (Requirement to replace environmental authority if non-compliance with eligibility criteria) . . . . . . . . . . . . . . . . . . . . . 59 61 Replacement of ch 5A, pts 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . 59 Part 1 ERA standards 317 Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 318 Chief executive may make ERA standard . . . . . . . . . 60 318A Notice of proposed ERA standards . . . . . . . . . . . . . . 60 318B Consideration of submissions . . . . . . . . . . . . . . . . . . 61 318C Publication of ERA standard . . . . . . . . . . . . . . . . . . . 61 318D Approval of ERA standard by regulation . . . . . . . . . . 62 318DA Minor amendment of ERA standard . . . . . . . . . . . . . . 62 62 Amendment of s 323 (Administering authority may require environmental audit about other matters). . . . . . . . . . . . . . . . . . . 62 Page 4 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Contents 63 Amendment of s 330 (What is a transitional environmental program) 63 64 Amendment of s 331 (Content of program) . . . . . . . . . . . . . . . . . 63 65 Amendment of s 357 (Power of Court to make order pending decision on application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 66 Insertion of new s 357AAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 357AAA Definition for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 67 Amendment of s 357A (What is an applicable event). . . . . . . . . . 64 68 Amendment of s 357B (Who may apply for temporary emissions licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 69 Amendment of s 357G (Temporary emissions licence) . . . . . . . . 65 70 Amendment of s 357I (Failure to comply with conditions of licence) 65 71 Amendment of s 358 (When order may be issued) . . . . . . . . . . . 66 72 Amendment of s 361 (Offence not to comply with order) . . . . . . . 66 73 Amendment of s 363A (Prescribed provisions) . . . . . . . . . . . . . . 66 74 Amendment of s 363E (Offence not to comply with a direction notice) 66 75 Amendment of s 363I (Offence not to comply with clean-up notice) 67 76 Amendment of s 426 (Environmental authority required for particular environmentally relevant activities). . . . . . . . . . . . . . . . . . . . . . . . 67 77 Amendment of s 430 (Contravention of condition of environmental authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 78 Amendment of s 432 (Contravention of requirement of program) 68 79 Amendment of s 432A (Contravention of condition of approval) . 68 80 Amendment of s 434 (Contravention of plan). . . . . . . . . . . . . . . . 68 81 Amendment of s 435A (Offence to contravene prescribed conditions for particular activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 82 Amendment of s 437 (Offences of causing serious environmental harm) 69 83 Amendment of s 438 (Offences of causing material environmental harm) 69 84 Amendment of s 440 (Offence of causing environmental nuisance) 70 85 Amendment of s 440Q (Offence of contravening a noise standard) 70 86 Amendment of s 440ZG (Depositing prescribed water contaminants in waters and related matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 87 Omission of ch 8, pt 3D (Offences relating to releases from boats into non-coastal waters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 88 Amendment of s 440ZL (Sale of solid fuel-burning equipment for use in residential premises and related matters) . . . . . . . . . . . . . . . . . . 71 89 Amendment of s 440ZM (Permitted concentration of sulfur in liquid fuel for use in stationary fuel-burning equipment) . . . . . . . . . . . . . . . . 71 2014 Act No. 59 Page 5

Environmental Protection and Other Legislation Amendment Act 2014 Contents 90 91 92 93 94 95 96 97 98 99 100 101 101A 102 103 104 Amendment of s 442 (Offence of releasing prescribed contaminant) 71 Replacement of s 443 (Offence to place contaminant where environmental harm or nuisance may be caused) . . . . . . . . . . . . 72 443 Offence to place contaminant where serious or material environmental harm may be caused . . . . . . . . . . . . . 72 443A Offence to place contaminant where environmental nuisance may be caused . . . . . . . . . . . . . . . . . . . . . . 72 Amendment of s 450 (Protection from liability). . . . . . . . . . . . . . . 72 Amendment of s 452 (Entry of place—general) . . . . . . . . . . . . . . 73 Amendment of s 462 (Procedure after seizure of evidence) . . . . 73 Amendment of s 478 (Failure to comply with authorised person’s direction in emergency) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Amendment of s 480 (False or misleading documents) . . . . . . . . 74 Amendment of s 480A (Incomplete documents) . . . . . . . . . . . . . 74 Amendment of s 481 (False or misleading information) . . . . . . . . 74 Amendment of s 493A (When environmental harm or related acts are unlawful) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Amendment of s 497 (Limitation on time for starting summary proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Amendment of s 498 (Notice of defence) . . . . . . . . . . . . . . . . . . . 75 Insertion of new s 504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 504 Offences relating to Great Barrier Reef World Heritage Area 75 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Part 5 Enforceable undertakings 507 Administering authority may accept enforceable undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 508 Effect of enforceable undertaking. . . . . . . . . . . . . . . . 77 509 Withdrawal or variation of enforceable undertaking . . 77 510 Amending enforceable undertaking—with agreement 78 511 Amending enforceable undertaking—clerical or formal errors 78 512 Amending or suspending enforceable undertaking—after show cause process . . . . . . . . . . . . . . . . . . . . . . . . . . 78 513 Contravention of enforceable undertaking . . . . . . . . . 80 Amendment of s 540 (Registers to be kept by administering authority) 81 Amendment of s 548 (Chief executive may make guidelines for administering authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Page 6 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Contents 105 106 106A 107 108 Division 3 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Amendment of s 574M (False or misleading information about reports or certification) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Amendment of s 699 (Existing financial assurance requirement) 83 Amendment of s 713 (Continued effect to make payment) . . . . . 83 Insertion of new ch 13, pt 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Part 23 Transitional provisions for EnvironmentalProtectionandOtherLegislationAmendmentAct2014 Division 1 Preliminary 720 Definitions for pt 23. . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Division 2 Transitional provisions for amendments commencing on assent 721 Submission of EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 722 Decision on whether EIS may proceed . . . . . . . . . . . 85 723 Proponent may resubmit EIS . . . . . . . . . . . . . . . . . . . 85 724 Assessment of adequacy of response to submission and submitted EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 725 Suspension application . . . . . . . . . . . . . . . . . . . . . . . 86 726 ERA standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 87 Amendments commencing by proclamation Amendment of s 13 (Waste). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Amendment of s 112 (Other key definitions for ch 5) . . . . . . . . . . 89 Amendment of s 122 (What is a standard application). . . . . . . . . 90 Amendment of s 123 (What is a variation application) . . . . . . . . . 90 Amendment of s 125 (Requirements for applications generally) . 91 Amendment of s 126 (Requirements for site-specific applications—CSG activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Amendment of s 150 (Notification stage does not apply if EIS process complete) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Amendment of s 153 (Required content of application notice). . . 93 Amendment of s 160 (Right to make submission) . . . . . . . . . . . . 94 Amendment of s 161 (Acceptance of submission) . . . . . . . . . . . . 95 Amendment of s 205 (Conditions that must be imposed for site-specific applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Amendment of s 228 (Assessment level decision for amendment application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Amendment of s 229 (Notice of assessment level decision) . . . . 96 Amendment of s 232 (Relevant application process applies). . . . 96 2014 Act No. 59 Page 7

Environmental Protection and Other Legislation Amendment Act 2014 Contents 123 124 125 126 127 128 129 130 131 132 133 134 135 Page 8 Amendment of s 320A (Application of div 2) . . . . . . . . . . . . . . . . 97 Amendment of s 320B (Duty of employee to notify employer) . . . 98 Insertion of new ch 7, pt 1, div 2, sdivs 3A and 3B. . . . . . . . . . . . 98 Subdivision 3A Duty of owner, occupier or auditor 320DA Duty of owner, occupier or auditor to notify administering authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Subdivision 3B Duty of local government 320DB Duty of local government to notify administering authority 99 Replacement of s 321 (What is an environmental evaluation) . . . 100 321 What is an environmental evaluation . . . . . . . . . . . . . 100 Amendment of 326B (When environmental investigation required) 101 Insertion of new s 326BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 326BA When environmental investigation required—contamination of land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Amendment of s 326C (Content of investigation notice) . . . . . . . 102 Insertion of new s 326DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 326DA Procedure to be followed if recipient is not owner . . . 103 Amendment of s 358 (When order may be issued) . . . . . . . . . . . 104 Amendment of s 363F (Definitions for pt 5B) . . . . . . . . . . . . . . . . 104 Amendment of s 363G (Who are the prescribed persons for a contamination incident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Amendment of s 363M (Who are the prescribed persons for a contamination incident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Replacement of ch 7, pt 8 (Contaminated land). . . . . . . . . . . . . . 106 Part 8 Contaminated land Division 1 Interpretation 370 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Division 2 Including land in relevant land register Subdivision 1 Preliminary 371 Grounds for including land in environmental management register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 372 Grounds for including land in contaminated land register 107 Subdivision 2 Process for including land in relevant land register 373 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 108 374 Process for including land in relevant land register . . 108 375 Show cause notice to be given to owner of land . . . . 108 376 Making and considering submission . . . . . . . . . . . . . 109 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Contents 377 Decision about including land in relevant land register etc. 110 378 Notice of decision about including land in relevant land register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 379 Notice to registrar of titles about including land in contaminated land register . . . . . . . . . . . . . . . . . . . . . 110 Subdivision 3 Amending or removing particulars in relevant land register 380 Amending or removing particulars of land . . . . . . . . . 111 381 Site investigation report or validation report . . . . . . . . 111 382 Compliance permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 383 Site management plan . . . . . . . . . . . . . . . . . . . . . . . . 112 384 Minor amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 385 Notice to be given if particulars of land amended in or removed from register . . . . . . . . . . . . . . . . . . . . . . . . 113 386 Notice to registrar of titles if particulars of land amended in or removed from contaminated land register . . . . . . . . . 113 Division 3 Contaminated land investigation documents Subdivision 1 Preliminary 387 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Subdivision 2 Content and submission of contaminated land investigation documents 388 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 114 389 Content of contaminated land investigation document 115 390 Requirements for submission of contaminated land investigation document. . . . . . . . . . . . . . . . . . . . . . . . 118 Subdivision 3 Preparation of draft site management plan 391 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 392 Making and consideration of submission . . . . . . . . . . 121 393 Decision about taking action . . . . . . . . . . . . . . . . . . . 121 394 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 395 Procedure to be followed if recipient is not owner . . . 122 Subdivision 4 Consideration of draft site management plans 396 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 124 397 Requiring another site management plan or additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 398 Deciding whether to approve draft site management plan 125 399 Approval of draft site management plan. . . . . . . . . . . 126 2014 Act No. 59 Page 9

Environmental Protection and Other Legislation Amendment Act 2014 Contents 136 137 138 139 140 Page 10 400 Refusal to approve draft site management plan. . . . . 126 Subdivision 5 Preparation of site management plan by administering authority 401 Procedure if administering authority prepares site management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Subdivision 6 Amendment of site management plan 402 Voluntary amendment of site management plans . . . 128 403 Amendment of site management plan with written agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 404 Amending or requiring amendment of site management plan 128 Division 4 Miscellaneous provisions 405 Registrar of titles to maintain records about contaminated land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 406 Local government must not allow contravention of site management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 407 Owner to give notice to occupant or proposed occupant 130 408 Owner to give notice to proposed purchaser . . . . . . . 131 Amendment of s 520 (Dissatisfied person) . . . . . . . . . . . . . . . . . 133 Amendment of s 564 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . 133 Amendment of s 568 (Auditor’s functions) . . . . . . . . . . . . . . . . . . 134 Insertion of new s 574BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 574BA Administering authority may recover costs or expenses 134 Insertion of new ch 13, pt 23, div 3. . . . . . . . . . . . . . . . . . . . . . . . 134 Division 3 Transitional provisions for amendments commencing by proclamation Subdivision 1 General amendments 727 Applicant may elect for particular application to be dealt with as standard application or variation application . . . . . 135 728 Applicant may elect for particular requirements to apply to particular application . . . . . . . . . . . . . . . . . . . . . . . . . 135 729 Applicant may elect for particular requirements to apply to site-specific applications—CSG activities . . . . . . . . . 136 730 Conditions that must be imposed on particular applications 136 Subdivision 2 Amendments related to replacement of former chapter 7, part 8 731 Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 732 Continuing effect of registration of land . . . . . . . . . . . 137 733 Provision for land recorded under repealed Act . . . . . 137 2014 Act No. 59

141 142 Part 6 143 144 Part 6A 144A 144B Part 7 Division 1 145 Division 2 146 147 148 149 150 151 152 153 Environmental Protection and Other Legislation Amendment Act 2014 Contents 734 Continuing effect of notices given under former chapter 7, part 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 735 Continuing effect of site management plan made under former chapter 7, part 8 . . . . . . . . . . . . . . . . . . . . . . . 138 736 Particular existing applications . . . . . . . . . . . . . . . . . . 138 737 Applications for approval of draft site management plans 139 738 Notice to purchaser . . . . . . . . . . . . . . . . . . . . . . . . . . 139 739 Disposal permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Amendment of sch 2 (Original decisions). . . . . . . . . . . . . . . . . . . 140 Division 6A Decision under chapter 10 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 141 Amendment of NatureConservationAct1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Insertion of new pt 5, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Division 10 Statements of management intent 100K Local government’s statement of management intent 145 Amendment of SustainablePlanningAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Amendment of s 970 (Continued effect to make payment) . . . . . 146 Amendment of WasteReductionandRecyclingAct2011 Preliminary Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Amendments commencing on assent Amendment of s 5 (Approach to achieving Act’s objects) . . . . . . 147 Amendment of s 15 (What may be included in State’s waste management strategy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Amendment of ch 4, hdg (Management of priority and other products) 148 Replacement of s 74 (Purpose of chapter). . . . . . . . . . . . . . . . . . 148 74 Purpose of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 74A Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Amendment of ch 4, pt 2, hdg (Priority products). . . . . . . . . . . . . 149 Amendment of s 75 (Preparation and notification of draft priority product statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Amendment of s 76 (Requirements for draft priority product statement) 150 2014 Act No. 59 Page 11

Environmental Protection and Other Legislation Amendment Act 2014 Contents 154 155 156 157 158 159 160 161 162 163 164 Division 3 165 166 167 Page 12 Replacement of s 77 (What are the priority product criteria for a product) 151 77 Criteria for a priority product or priority waste . . . . . . 151 Amendment of s 78 (Inclusion of invitation for voluntary product stewardship scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Amendment of s 79 (Finalisation of priority product statement) . . 152 Amendment of s 80 (Approval of final priority product statement) 152 Amendment of s 81 (Minor amendment of priority product statement) 152 Amendment of s 82 (Review of priority product statement) . . . . . 153 Amendment of s 90 (Requirements for accreditation) . . . . . . . . . 153 Amendment of s 91 (Accreditation) . . . . . . . . . . . . . . . . . . . . . . . 153 Amendment of s 98 (Regulation about product stewardship). . . . 153 Amendment of s 266 (Protection of officials from liability) . . . . . . 153 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 154 Amendments commencing by proclamation Amendment of s 5 (Approach to achieving Act’s objects) . . . . . . 155 Amendment of s 76 (Requirements for draft priority statement) . 155 Replacement of ch 8 (Approval of resource for beneficial use) . . 155 Chapter 8 Provisions for end of waste Part 1 Preliminary 155 Purpose of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 156 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 157 Effect of operating under end of waste code if unregistered 156 158 Compliance with end of waste code . . . . . . . . . . . . . . 157 159 Chief executive may make end of waste codes and grant end of waste approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Part 2 End of waste codes Division 1 Process for making end of waste codes 160 Public notice inviting submissions about potential end of waste codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 161 Consideration of submissions . . . . . . . . . . . . . . . . . . 158 162 Preparation of end of waste code by technical advisory panel 159 163 Matters to be considered in preparing end of waste code159 164 End of waste code prepared by technical advisory panel 160 Division 2 Making end of waste codes 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Contents 165 Publication of draft end of waste code . . . . . . . . . . . . 161 166 Notice of making end of waste code . . . . . . . . . . . . . 161 Division 3 Amendment, cancellation or suspension of end of waste codes 167 Amendment of end of waste code . . . . . . . . . . . . . . . 162 168 Application for amendment of end of waste code. . . . 162 169 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . 163 170 Chief executive may require additional information or documents for amendment application. . . . . . . . . . . . 163 171 Cancellation or suspension of end of waste code . . . 163 172 Procedure for amending, cancelling or suspending end of waste code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 173 Publication of amended end of waste code . . . . . . . 166 173A Minor amendment of end of waste code . . . . . . . . . . 166 Division 4 Registration of end of waste resource producers 173B Registration of end of waste resource producers . . . . 167 173C Cancellation or suspension of registration . . . . . . . . . 168 173D Procedure for cancelling or suspending registration . 168 173E Particular circumstances when end of waste approval lapses 169 173F Register of registered resource producers . . . . . . . . . 169 Division 5 Miscellaneous 173G Technical advisory panels . . . . . . . . . . . . . . . . . . . . . 169 173H Chief executive may seek advice, comment or information about pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Part 3 End of waste approvals Division 1 Grant of end of waste approvals 173I Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 173J Chief executive may require additional information or documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 173K Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 172 173L Criteria for deciding application . . . . . . . . . . . . . . . . . 173 173M Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . 173 173N Conditions of end of waste approval . . . . . . . . . . . . . 174 173O Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . 174 173P Compliance with condition of end of waste approval . 174 173Q Extending end of waste approval . . . . . . . . . . . . . . . . 175 2014 Act No. 59 Page 13

Environmental Protection and Other Legislation Amendment Act 2014 Contents 168 169 170 171 Part 8 172 Page 14 Division 2 Transfer or amendment of end of waste approvals on application 173R Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 173S Application for transfer or amendment of end of waste approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 173T Chief executive may require additional information or documents for amendment application. . . . . . . . . . . . 177 173U Decision on amendment application . . . . . . . . . . . . . 177 173V Decision on transfer application . . . . . . . . . . . . . . . . . 179 Division 3 Amendment, cancellation or suspension of end of waste approval 173W Amendment of end of waste approval . . . . . . . . . . . . 179 173X Cancellation or suspension of an end of waste approval 179 173Y Procedure for amending, cancelling or suspending end of waste approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 173Z Minor amendment of end of waste approval . . . . . . . 183 Division 4 Surrender of end of waste approval 173ZA Surrendering end of waste approval. . . . . . . . . . . . . . 183 Division 5 Miscellaneous 173ZB Chief executive may request relevant information about end of waste approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 173ZC Chief executive may seek advice, comment or information about pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Amendment of s 245 (Definitions for ch 11) . . . . . . . . . . . . . . . . . 184 Amendment of s 268 (Executive officer may be taken to have committed offence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Replacement of ch 16 (Repeal and amendment of other legislation) 185 Chapter 16 Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2014 302 Definitions for ch 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 185 303 Existing general approvals . . . . . . . . . . . . . . . . . . . . . 185 304 Existing specific approvals . . . . . . . . . . . . . . . . . . . . . 187 305 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . 187 306 Existing show cause procedure . . . . . . . . . . . . . . . . . 187 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 188 Amendment of WetTropicsWorldHeritageProtectionandManagement Act 1993 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 2014 Act No. 59

173 Part 9 174 Schedule 1 Environmental Protection and Other Legislation Amendment Act 2014 Contents Amendment of s 34 (Protection from liability). . . . . . . . . . . . . . . . Consequential and minor amendments Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential and minor amendments . . . . . . . . . . . . . . . . . Biological Control Act 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EnvironmentalProtectionAct1994 . . . . . . . . . . . . . . . . . . . . . . . VegetationManagementAct1999 . . . . . . . . . . . . . . . . . . . . . . . . 189 189 190 190 190 191 2014 Act No. 59 Page 15

Queensland Environmental Protection and Other Legislation Amendment Act 2014 Act No. 59 of 2014 An Act to amend the Biological Control Act 1987, the Coastal Protection andManagement Act 1995, the Environmental Offsets Act 2014, the Environmental Protection Act 1994, the Nature Conservation Act 1992, the Sustainable Planning Act 2009, the Waste Reduction and Recycling Act2011 and the Wet Tropics World Heritage Protection and Management Act1993 for particular purposes, and to make minor and consequential amendments of the Acts mentioned in schedule 1 [Assented to 7 November 2014]

Environmental Protection and Other Legislation Amendment Act 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Environmental Protection and Other Legislation Amendment Act 2014 . 2 Commencement The following provisions commence on a day to be fixed by proclamation— (aa) part 4, other than the following provisions— (i) section 9A; (ii) section 15A; (iii) section 16(2), to the extent it inserts the definitions administering agency , impose and Planning Act ; (iv) section 16(3); (ab) the following provisions of part 5— (i) section 62(1); (ii) section 63; (iii) section 99; (iv) section 100; (v) section 102; (vi) section 103(5); (vii) section 104; (a) part 5, division 3; (b) part 6; Page 18 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 2 Amendment of Biological Control Act 1987 [s 3] (ba) part 6A; (c) part 7, division 3; (d) schedule 1, to the extent it amends the following— (i) the Environmental Protection Act 1994 ; (ii) the Vegetation Management Act 1999 . Part 2 Amendment of Biological Control Act 1987 3 Act amended This part amends the Biological Control Act 1987. Note — See also amendments in schedule 1. 4 Amendment of s 3 (Definitions) Section 3, definition Council — omit, insert — Council means— (a) the standing ministerial council established or recognised by the Council of Australian Governments of which its members include Commonwealth and State ministers with portfolio responsibility for primary industries; or (b) if another body is prescribed by regulation—the prescribed body. 2014 Act No. 59 Page 19

Environmental Protection and Other Legislation Amendment Act 2014 Part 2 Amendment of Biological Control Act 1987 [s 5] 5 Amendment of s 8 (Queensland Biological Control Authority) Section 8(2)— omit, insert— (2) The Authority is— (a) if only 1 Minister is a member of the Council—that Minister; or (b) if 2 or more Ministers are members of the Council—those Ministers acting jointly; or (c) if paragraphs (a) and (b) do not apply—the Minister administering this Act. 6 Insertion of new pt 9 After part 8— insert— Part 9 Validation provision Page 20 57 Validation provision relating to changes to name of Council (1) For the period starting on 21 May 2001 and ending on 16 September 2011, the Primary Industries Ministerial Council is taken to have been the Council for the purposes of this Act. (2) For the period starting on 17 September 2011 and ending on 13 December 2013, the Standing Council on Primary Industries is taken to have been the Council for the purposes of this Act. (3) A recommendation or decision purportedly made under this Act, or an approval purportedly given under this Act, by an entity mentioned in subsection (1) or (2) during the period mentioned in the subsection that would have been valid and lawful if done by the Agriculture and Resource 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 3 Amendment of Coastal Protection and Management Act 1995 [s 7] Management Council of Australia and New Zealand is taken to have been validly made or given for the purposes of this Act. Part 3 Amendment of Coastal Protection and Management Act 1995 7 Act amended This part amends the Coastal Protection and Management Act1995. 8 Amendment of s 133 (Protection from liability) (1) Section 133— insert— (2A) This section does not apply to an official if the official is a State employee within the meaning of the Public Service Act 2008 , section 26B(4). (2) Section 133(2A) and (3)— renumber as section 133(3) and (4). Part 4 Amendment of Environmental Offsets Act 2014 9 Act amended This part amends the Environmental Offsets Act 2014. 2014 Act No. 59 Page 21

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 9A] 9A Amendment of s 5 (Relationship with particular Acts) Section 5(3), note, fourth dot point, ‘section 972’— omit, insert— section 346B 10 Insertion of new s 13A Part 5— insert— 13A Definition for pt 5 In this part— existing means— (a) for a State condition—an offset condition that has been imposed; or (b) for a Commonwealth condition—a condition that has been imposed under a relevant Commonwealth Act. 10A Amendment of s 13 (Content of environmental offsets policy) Section 13(e), ‘calculating’— omit, insert— determining 10B Insertion of new s 13B Part 5— insert— 13B What this part is about (1) This part applies if an administering agency may impose an offset condition on an authority, under Page 22 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 11] another Act, for an impact on a prescribed environmental matter. (2) This part applies despite anything to the contrary in the other Act, other than as mentioned in— (a) section 5; or (b) the Planning Act, section 325(1). 11 Replacement of s 14 (Imposing offset condition) Section 14— omit, insert— 14 Imposing offset condition (1) The administering agency may impose the offset condition only if satisfied— (a) the prescribed activity will, or is likely to, have a significant residual impact on a prescribed environmental matter; and (b) all reasonable on-site mitigation measures for the prescribed activity have been, or will be, undertaken. (2) When making a decision under the other Act about whether to impose an offset condition, the administering agency must consider any offset condition that has been imposed on an authority under another Act for— (a) the same, or substantially the same, impact; and (b) the same, or substantially the same, prescribed environmental matter. 12 Replacement of s 15 (Restriction on imposition of offset condition) Section 15— 2014 Act No. 59 Page 23

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 12] omit, insert— 15 Restriction on imposition of offset condition (1) An administering agency may impose an offset condition on an authority only if— (a) the same, or substantially the same, impact has not been assessed under a relevant Commonwealth Act; and (b) the same, or substantially the same, prescribed environmental matter has not been assessed under a relevant Commonwealth Act. (2) Subsection (1) applies whether or not the assessment resulted in the imposition of an offset condition. (3) However, subsection (1) does not apply if the prescribed environmental matter to which the condition relates is a protected area. (4) An administering agency that is a local government may impose an offset condition on an authority only for the following— (a) a matter of local environmental significance; (b) another prescribed environmental matter that is further prescribed by regulation as relevant for this subsection. (5) In this section— relevant Commonwealth Act means— (a) the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) as a controlled action; or (b) the Great Barrier Reef Marine Park Act 1975 (Cwlth); or (c) another Commonwealth Act prescribed by regulation. Page 24 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13] 13 Amendment of pt 6 hdg (Requirements about offset conditions) Part 6, heading, ‘offset conditions’— omit, insert— environmental offsets 13A Amendment of s 16 (Conditions that apply under this Act to authority) Section 16(1) to (3)— omit, insert— (1) This section applies if an offset condition is imposed on an authority, under another Act, for a significant residual impact of a prescribed activity on a prescribed environmental matter. (2) Sections 19B, 22, 24 and 25 state further conditions that, under this Act, are imposed on the authority. (3) A further condition mentioned in subsection (2) is a deemed condition of the authority. 13B Replacement of ss 18 and 19 Sections 18 and 19— omit, insert— 18 Electing how to deliver environmental offset (1) This section applies if an administering agency may impose or has imposed on an authority, under another Act, an offset condition for the significant residual impact of a prescribed activity on a prescribed environmental matter. (2) An entity may, by notice in the approved form given to the administering agency, elect to deliver an environmental offset for the prescribed 2014 Act No. 59 Page 25

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13B] activity, or for a stage of the prescribed activity, by— (a) a proponent-driven offset; or (b) a financial settlement offset; or (c) a combination of a proponent-driven offset and a financial settlement offset. (3) A notice of election that involves a proponent-driven offset must be accompanied by a plan (an offset delivery plan ) about how the entity will undertake the offset. (4) The offset delivery plan must— (a) describe how an environmental offset will be undertaken and the conservation outcome will be achieved; and (b) state that the entity, and any other entity that owns land on which the environmental offset will be undertaken, agree to the offset being undertaken; and (c) be signed by the entities mentioned in paragraph (b); and (d) satisfy each other requirement prescribed by regulation for this section. (5) For subsection (4)(a), the offset delivery plan must— (a) effectively account for and manage the risks of the environmental offset failing to achieve the conservation outcome; and (b) ensure the environmental offset provides benefits in relation to the prescribed environmental matter in addition to any other benefit provided under a requirement of, or of an authority under, an Act; and Page 26 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13B] Example for paragraph (b) — Ensuring an environmental offset in relation to the management of a pest provides benefits in addition to a landowner’s obligation under the Land Protection (Pest and Stock Route Management ) Act 2002 , section 77 to take reasonable steps to keep land free of particular pests. (c) have transparent governance arrangements that can be readily measured, monitored, audited and enforced; and (d) ensure the environmental offset is of a size and scale proportionate to the significant residual impact on the prescribed environmental matter. 19 Agreed delivery arrangements (1) After receiving a notice of election, the administering agency must consider the election and any offset delivery plan, including by considering— (a) each relevant environmental offsets policy; and (b) any other matter prescribed by regulation for this section. (2) The administering agency must decide whether it is appropriate to deliver the environmental offset in the way stated in the notice of election, and any offset delivery plan, or whether the offset should be delivered in a different way. (3) The administering agency must give the entity a notice that states— (a) the way in which the environmental offset is required to be delivered; and 2014 Act No. 59 Page 27

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13B] Page 28 (b) the entity is required to enter into an agreed delivery arrangement within a stated reasonable period; and (c) that the entity may apply for a review of the decision; and (d) how and when the entity may apply for a review of the decision. (4) An agreed delivery arrangement is an agreement between an entity and the administering agency about the entity’s delivery of an environmental offset, with reference to any offset delivery plan. (5) An agreed delivery arrangement may be entered into before or after the authority is granted. Note— However, see section 19A for when an agreed delivery arrangement is entered into before the authority is granted. (6) If the administering agency fails to give notice under subsection (3) within 40 business days after receiving the notice of election, the entity may apply for a review of the failure to give the notice, in the way provided for under subsection (8). (7) The entity and administering agency may amend either or both of the following— (a) the agreed delivery arrangement; (b) an offset delivery plan; by entering into another agreed delivery arrangement before the entity starts the relevant prescribed activity, or the relevant stage of a prescribed activity. (8) A regulation may provide for— (a) a review of a decision to require an environmental offset to be delivered in a 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13C] way that differs from the way stated in a notice of election; or (b) a review of a failure to give a notice under subsection (3) within 40 business days after the administering agency receives the notice of election; or (c) what happens if the entity and administering agency do not enter into an agreed delivery arrangement within the stated reasonable period; or (d) a dispute resolution process. 13C Insertion of new s 19A Part 6, division 2— insert— 19A Agreed delivery arrangement before authority granted (1) This section applies if an entity enters into an agreed delivery arrangement (the early arrangement ) under section 19 before an authority is granted. (2) The entity— (a) may start to deliver a proponent-driven offset before the authority is granted; but (b) must not pay any amount under a financial settlement offset until after the authority is granted. (3) If, after the early arrangement is entered into, but not more than 10 business days after the authority for the prescribed activity is granted— (a) there is a change in the way the prescribed activity is proposed to be carried out that will result in a change to the impact; and 2014 Act No. 59 Page 29

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13D] (b) the administering agency decides that the impact that is counterbalanced under the early arrangement differs from the impact likely to arise from the prescribed activity; the administering agency must give the entity a notice under subsection (4). (4) The administering agency’s notice must state— (a) the environmental offset is required to be delivered in a way that differs from the way stated in the early arrangement; and (b) the entity is required to enter into another agreed delivery arrangement to that effect, within a stated reasonable period; and (c) the reasons for the decision; and (d) that the entity may apply for a review of the decision; and (e) how and when the entity may apply for a review of the decision. (5) A regulation may provide for a review of the decision to require the environmental offset to be delivered in a way that differs from the way stated in the early arrangement. 13D Insertion of new s 19B Part 6, division 2— insert— 19B Deemed condition for agreed delivery arrangement (1) This section applies to an authority, granted by an administering agency under another Act, to carry out a prescribed activity to which an offset condition relates. Page 30 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13E] (2) It is a condition of the authority that the authority holder must have entered into an agreed delivery arrangement with the administering agency, before starting— (a) any works that impact on the prescribed environmental matter to which the offset condition relates; or (b) if the authority allows the prescribed activity to be carried out in stages—any works for the stage that impact on the prescribed environmental matter to which the offset condition relates. 13E Replacement of s 20 (Amending agreement after prescribed activity starts) Section 20— omit, insert— 20 Amending agreement after prescribed activity starts (1) This section applies if— (a) an administering agency and an authority holder have entered into an agreed delivery arrangement that involves a proponent-driven offset; and (b) the authority holder has started the prescribed activity to which the authority relates. (2) The authority holder and administering agency may, by entering into another agreed delivery arrangement, amend either or both of the following— (a) the agreed delivery arrangement; (b) an offset delivery plan about the delivery of the proponent-driven offset. 2014 Act No. 59 Page 31

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13F] (3) In considering whether to enter into a further agreed delivery arrangement, the administering agency must consider the matters mentioned in section 19(1)(a) and (b). (4) An offset delivery plan amended under this section must comply with section 18(4) and (5). 13F Replacement of s 21 (What is a proponent-driven offset ) Section 21— omit, insert— 21 What is a proponent-driven offset A proponent-driven offset is an environmental offset that an entity undertakes directly or indirectly. Example of an entity indirectly undertaking an environmental offset — An entity may deliver an environmental offset by contracting with a broker to carry out activities on the entity’s behalf. 13G Amendment of s 23 (What is a financial settlement offset ) Section 23— insert— (2) The amount of the payment is— (a) if the administering agency is a local government—an amount up to the amount determined by the local government in accordance with the environmental offsets policy; or (b) for any other administering agency—an amount determined by the administering agency in accordance with the environmental offsets policy. Page 32 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 13H] 13H Amendment of s 24 (Requirements for financial settlement offsets) Section 24(3)— omit, insert— (3) The authority holder may pay the amount required by the agreed delivery arrangement for a stage of the prescribed activity only if the authority allows the prescribed activity to be carried out in stages. 14 Insertion of new pt 6A After part 6— insert — Part 6A When offset conditions stop applying 25A Removing duplicate conditions (1) This section applies if, after an offset condition is imposed, any of the following offset conditions is imposed— (a) a Commonwealth condition for an area that is not a protected area; (b) a State condition; (c) a local government condition. (2) The authority holder may, at any time and free of charge, apply for an amendment of the authority to remove one of the conditions on the basis that the conditions are duplicate conditions. (3) The authority holder must apply, in the approved form, to— (a) if one of the offset conditions is a Commonwealth condition mentioned in subsection (1)(a)—the administering agency 2014 Act No. 59 Page 33

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 14] Page 34 that imposed the offset condition that is not a Commonwealth condition, to remove the offset condition imposed by that agency; or (b) otherwise— (i) the administering agency prescribed by regulation, to remove the condition imposed by that agency; or (ii) if an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency. (4) The administering agency must decide the application within 10 business days after receiving the application. (5) The administering agency may decide to amend the authority if satisfied that the conditions are duplicate conditions. (6) If the administering agency decides to amend the authority by removing the condition, the agency may also make any other amendments that the agency considers— (a) relate to the removal of the condition; and (b) are necessary or desirable. (7) If the administering agency decides to amend the authority, the agency must, within 10 days after making the decision— (a) give the amended authority to the authority holder; and (b) include a copy of the amended authority in the register kept under section 90. (8) If the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states— 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 15] (a) the decision and the reasons for the decision; and (b) that the holder may apply for a review of the decision; and (c) how and when the holder may apply for a review of the decision. (9) A regulation may provide for a review of the decision. (10) Any provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5, do not apply to an offset condition that is amended under this section. (11) In this section— duplicate conditions are offset conditions that relate to— (a) the same, or substantially the same, impact; and (b) the same, or substantially the same, prescribed environmental matter. 15 Amendment of s 93 (Regulation-making power) Section 93(2)(b), ‘an owner’— omit, insert— the chief executive or a local government 15A Insertion of new ss 95A and 95B Part 13— insert— 95A Undecided applications for authorities (1) This section applies if— 2014 Act No. 59 Page 35

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 15A] (a) an application for an authority was made under an existing Act, but not dealt with, before the commencement; and (b) that Act allowed for an offset condition to be imposed on the authority; and (c) the administering agency is deciding whether to impose on the authority a condition in relation to an environmental offset. (2) The administering agency may, at the request of or with the agreement of the applicant, consider all or part of the environmental offsets policy under this Act instead of all or part of any policy about environmental offsets (however described) under the existing Act. (3) This section applies despite section 95. 95B Amendment of existing authorities (1) This section applies to the following authorities granted under an existing Act if that Act allowed for an offset condition to be imposed on the authority— (a) an existing authority; (b) an authority granted, on or after the commencement, as the result of an application that was made, but not dealt with, before the commencement. (2) The authority holder may, at any time and free of charge, apply for an amendment of the authority— (a) to allow the selection and delivery of an environmental offset in accordance with the environmental offsets policy; or Page 36 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 15A] 2014 Act No. 59 (b) to allow a financial settlement offset (however described) determined in accordance with the environmental offsets policy; or (c) to remove a requirement to provide an environmental offset for— (i) an environmental value that is not a prescribed environmental matter under this Act; or (ii) an impact on a prescribed environmental matter that is not a significant residual impact. (3) The authority holder must apply, in the approved form, to the administering agency that issued the authority. (4) The administering agency must decide the application within 20 business days after receiving the application. (5) The administering agency may decide to make the amendment only if satisfied that the environmental values for which the environmental offset was required have not yet been impacted by the activity that is authorised by the authority. (6) If the administering agency decides to make the amendment, the agency may also make any other amendments that the agency considers— (a) relate to the amendment; and (b) are necessary or desirable. (7) If the administering agency decides to amend the authority, the agency must, within 10 business days after making the decision— (a) give the amended authority to the authority holder; and Page 37

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 16] (b) include a copy of the amended authority in the register kept under section 90. (8) If the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states— (a) the decision and the reasons for the decision; and (b) that the holder may apply for a review of the decision; and (c) how and when the holder may apply for a review of the decision. (9) A regulation may provide for a review of the decision. (10) Any provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5, do not apply to an offset condition that is amended under this section. (11) This section applies despite section 95. 16 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions administering agency and impose — omit. (2) Schedule 2— insert— administering agency — (a) for an authority under the PlanningAct, means— (i) for an offset condition to which section 255D(3) of that Act applies—the entity nominated under that subsection; or Page 38 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 16] (ii) for an offset condition for which a concurrence agency has the power to tell, or has told, an assessment manager to impose—the concurrence agency; or (iii) for any other offset condition—the assessment manager; or (b) for an authority under any other Act, means an entity that, under another Act, performs a function in relation to— (i) the grant of an authority for a prescribed activity; or (ii) enforcing compliance with the conditions of an authority for a prescribed activity, or otherwise administering the authority; or (c) for part 7, see section 26. agreed delivery arrangement see section 19(4). Commonwealth condition means a condition that may be imposed on a licence, permit or other authority under a relevant Commonwealth Act, the effect of which is equivalent to an offset condition. existing , for part 5, see section 13A. impose , in relation to an offset condition— (a) for an authority under another Act—means apply the offset condition (however the application is described in the other Act); and (b) for an authority under the PlanningAct—includes tell an assessment manager under that Act to impose an offset condition; and 2014 Act No. 59 Page 39

Environmental Protection and Other Legislation Amendment Act 2014 Part 4 Amendment of Environmental Offsets Act 2014 [s 16] (c) for an agreement entered into under another Act—means include the offset condition in the agreement. local government condition means an offset condition that may be imposed on an authority by a local government. PlanningAct means the SustainablePlanningAct 2009 . relevant Commonwealth Act means any of the following— (a) the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); (b) the Great Barrier Reef Marine Park Act 1975 (Cwlth); (c) another Commonwealth Act prescribed under a regulation for this definition. State condition means an offset condition that may be imposed on an authority by the State. (3) Schedule 2, definition matter of local environmental significance , ‘see section 10(4)’— omit, insert— means a matter prescribed to be a prescribed environmental matter under section 10(1)(c) Page 40 2014 Act No. 59

Part 5 Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 17] Amendment of EnvironmentalProtection Act 1994 Division 1 Preliminary 17 Act amended This part amends the Environmental Protection Act 1994. Note — See also amendments in schedule 1. Division 2 Amendments commencing on assent 17A Amendment of s 17 (Serious environmental harm) Section 17(1)(b)— omit, insert— (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 18 Replacement of s 18 (Meaning of environmentally relevant activity ) Section 18— omit, insert— 18 Meaning of environmentally relevant activity Each of the following is an environmentally relevant activity — 2014 Act No. 59 Page 41

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 19] (a) an agricultural ERA as defined under section 75; (b) a resource activity as defined under section 107; (c) an activity prescribed under section 19 as an environmentally relevant activity. 19 Amendment of s 19 (Environmentally relevant activity may be prescribed) (1) Section 19, ‘activity, other than an agricultural ERA or a resource activity,’— omit, insert — activity (2) Section 19— insert — (2) To remove any doubt, a regulation made under subsection (1) may not modify the definition of an agricultural ERA or a resource activity. 20 Insertion of new s 19A Chapter 1, part 3, division 2, subdivision 4— insert— 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 Page 42 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 21] (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. 21 Amendment of s 47 (When EIS may be submitted) Section 47(1)(b), ‘or after’— omit . 22 Amendment of s 49 (Decision on whether EIS may proceed) (1) Section 49(1)— omit, insert — (1) The chief executive must consider the submitted EIS and decide whether to allow it to proceed under division 4 within 20 business days after the EIS is submitted (the decision period ). (1A) The decision period may be extended if, at any time before the decision is made, the proponent agrees in writing to the extension. (2) Section 49(6)— insert — 2014 Act No. 59 Page 43

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 23] (d) that the proponent may, under section 49A, resubmit the EIS. (3) Section 49(1A) to (6)— renumber as section 49(2) to (7). 23 Insertion of new s 49A After section 49— insert — 49A Proponent may resubmit EIS (1) This section applies if the chief executive decides, under section 49, to refuse to allow the EIS to proceed and the proponent— (a) does not apply, under section 50, to the Minister to review the decision; or (b) applies, under section 50, to the Minister to review the decision and the Minister confirms the decision. (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(8); 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— Page 44 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 24] (a) section 48; (b) section 49, other than section 49(9)(d); (c) section 50. 24 Amendment of s 50 (Ministerial review of refusal to allow to proceed) (1) Section 50(2)(b), ‘section 49(5)’— omit, insert— section 49(8) (2) Section 50(5), ‘section 49(6)’— omit, insert— section 49(9) 25 Amendment of s 51 (Public notification) Section 51(1), ‘section 49(5)’— omit, insert— section 49(8) 26 Amendment of s 52 (Required content of EIS notice) Section 52(2)(a), ‘section 49(3)’— omit, insert— section 49(6) 27 Amendment of s 56A (Assessment of adequacy of response to submission and submitted EIS) (1) Section 56A— insert — 2014 Act No. 59 Page 45

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 28] (2A) The period may be extended if, at any time before the decision is made, the proponent has agreed in writing to the extension. (2) Section 56A(5)— insert — (d) that the proponent may, under section 56AA, resubmit the EIS and the proponent’s response to the submissions. (3) Section 56A(2A) to (5)— renumber as section 56A(3) to (6). 28 Insertion of new s 56AA After section 56A— insert — 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 and the proponent— (a) does not apply, under section 56B, to the Minister to review the decision; or (b) applies, under section 56B, to the Minister to review the decision and the Minister confirms the decision. (2) The proponent may resubmit, with changes, the submitted EIS and the proponent’s response to the submissions to the chief executive within— (a) 20 business days after notice of the decision is given to the proponent under section 56A(8); or (b) if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period. Page 46 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 29] (3) The proponent may resubmit under subsection (2) only once. (4) A resubmitted EIS must be accompanied by the fee prescribed by regulation. (5) The following provisions apply to the resubmitted EIS and response to submissions as if a reference in the provision to a submitted EIS or the proponent’s response to the submissions were a reference to the resubmitted EIS or proponent’s response to the submissions— (a) section 56A, other than section 56A(8)(d); (b) section 56B. 29 Amendment of s 56B (Ministerial review of refusal to allow submitted EIS to proceed) (1) Section 56B(2)(c), ‘section 49(5)’— omit, insert— section 49(8) (2) Section 56B(2)(c), ‘section 56A(4)’— omit, insert— section 56A(7) 30 Amendment of s 57 (EIS assessment report) Section 57(1), ‘section 56A(4)’— omit, insert— section 56A(7) 31 Amendment of s 63 (Disclosure of relevant documents or information) Section 63(a) and (b)— omit, insert— 2014 Act No. 59 Page 47

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 32] (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. 32 Amendment of s 64 (Making of inquiry does not of itself alter EIS process) Section 64, note— omit . 33 Amendment of s 112 (Other key definitions for ch 5) Section 112, definition eligibility criteria — omit, insert— 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. 34 Amendment of s 136 (When does application stage end) Section 136(b)— omit, insert — (b) otherwise, the earlier of the following— (i) if the administering authority is satisfied the requirements under the application stage have been complied with—when the administering authority becomes satisfied the requirements have been complied with; (ii) 10 business days after the administering authority receives the application. Page 48 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 35] 35 Amendment of s 148 (When does information stage end) Section 148(b)— omit, insert — (b) if an information request has not been made, the earlier of the following— (i) when the administering authority decides not to make an information request; (ii) the information request period has ended. 36 Amendment of s 165 (When does decision stage start—general) Section 165(1), ‘the day after’— omit, insert — when 37 Amendment of s 207 (Conditions that may be imposed) Section 207— insert — (4) Also, a condition imposed on an authority may restrict, or impose requirements on, the carrying out of the relevant activity. 38 Amendment of s 213 (Amendment of environmental authorities to reflect new standard conditions) Section 213(1)(b) and (c)— omit, insert — (b) after the existing authority is issued, the chief executive makes an ERA standard providing for standard conditions for the activity; and 2014 Act No. 59 Page 49

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 39] (c) the ERA standard states that the standard conditions apply to existing authorities that are subject to standard conditions for the activity; and 39 Amendment of s 223 (Definitions for pt 7) (1) Section 223— insert— condition conversion , for an environmental authority, means an amendment replacing all of the conditions of the authority with the standard conditions for the environmentally relevant activity to which the authority relates. minor amendment , for an environmental authority, means an amendment that is— (a) a condition conversion; or (b) a minor amendment (threshold). (2) Section 223, definition minor amendment not inserted under subsection (1), after ‘ amendment ’— insert — (threshold) (3) Section 223, definition minor amendment (threshold) , paragraph (a)— omit, insert — (a) is not a change to a condition identified in the authority as a standard condition, other than— (i) a change that is a condition conversion; or (ii) a change that is not a condition conversion but that replaces a standard condition of the authority with a standard condition for the Page 50 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 40] environmentally relevant activity to which the authority relates; and 40 Amendment of s 226 (Requirements for amendment application generally) Section 226— insert— (3) Also, subsection (1)(d) to (f) and (i) to (n) does not apply to an application for a condition conversion. 41 Insertion of new ch 5, pt 7, div 2A Chapter 5, part 7— insert— Division 2A Provision for particular amendment applications 227A Early refusal of particular amendment applications and requirement to replace environmental authority (1) This section applies to an amendment application if the proposed amendment would change a condition imposed under section 204 on the environmental authority to which the application relates. (2) The administering authority may, within 10 business days after receiving the amendment application, refuse the application under this section. (3) Also, if the administering authority refuses the application, the authority may require the holder of the environmental authority to make a site-specific application for a new environmental 2014 Act No. 59 Page 51

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 42] authority under part 2 to replace the environmental authority. (4) However, section 314(3) to (7) applies to the requirement as if a reference to the holder of the environmental authority were a reference to the applicant. (5) The administering authority must give the applicant written notice of any refusal under subsection (2). (6) Divisions 3 to 5 do not apply to the amendment application if the administering authority refuses the application under this section. 42 Insertion of new s 227B Chapter 5, part 7, division 3— insert — 227B Amendment applications to which div 3 does not apply This division does not apply to an amendment application for a condition conversion. 43 Amendment of s 240 (Deciding amendment application) Section 240(1)— omit, insert— (1) The administering authority must decide either to approve or refuse the application— (a) if the application is for a condition conversion—within 10 business days after the application is received; or (b) otherwise—within 10 business days after notice of the assessment level decision is given to the applicant. Page 52 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 44] 44 Amendment of s 241 (Criteria for deciding amendment application) Section 241, after ‘application,’— insert— other than an application for a condition conversion, 45 Amendment of s 242 (Steps after deciding amendment application) Section 242(3), ‘10 business days’— omit, insert— 5 business days 46 Amendment of ch 5, pt 8, hdg (Amalgamating environmental authorities) Chapter 5, part 8, heading, after ‘Amalgamating’— insert— and de-amalgamating 47 Amendment of s 243 (Definitions for pt 8) Section 243— insert — amalgamated environmental authority see section 245(1). de-amalgamation application means an application made under section 250A. transfer tenure see section 250A(1)(b)(iii). 48 Insertion of new ch 5, pt 8, div 1A, hdg After section 244— insert — 2014 Act No. 59 Page 53

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 49] Division 1A Amalgamating environmental authorities 49 Amendment of ch 5, pt 8, div 3, hdg (Miscellaneous provisions) Chapter 5, part 8, division 3, heading, after ‘provisions’— insert— for amalgamation applications 50 Insertion of new ch 5, pt 8, div 4 Chapter 5, part 8— insert — Division 4 De-amalgamating environmental authorities Page 54 250A Who may apply for de-amalgamation (1) The holder of a relevant authority may make an application to the administering authority for the de-amalgamation of the authority if— (a) the authority is not for a resource project; or (b) the authority is for a resource project and— (i) the project is no longer being carried out as a single integrated operation; or (ii) the existing holder is proposing to no longer carry out the project as a single integrated operation; or (iii) the existing holder is proposing to transfer to another person a resource tenure (a transfer tenure ) to which the authority relates. (2) In this section— 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 5 Amendment of Environmental Protection Act 1994 [s 50] relevant authority means— (a) an amalgamated environmental authority: or (b) an environmental authority issued for an ERA project. 250B Requirements for de-amalgamation application A de-amalgamation application must— (a) be made in the approved form; and (b) if the application relates to a resource project—be accompanied by a declaration by the applicant that— (i) the project is no longer being carried out as a single integrated operation; or (ii) the existing holder is proposing to no longer carry out the project as a single integrated operation; or (iii) the existing holder is proposing to transfer to another person a resource tenure to which the authority relates; and (c) be accompanied by the fee prescribed by a regulation. 250C De-amalgamation Within 15 business days after receiving a de-amalgamation application that complies with section 250B, the administering authority must— (a) de-amalgamate the relevant authority to give effect to the de-amalgamation; and (b) issue 2 or more environmental authorities to the applicant; and 2014 Act No. 59 Page 55

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] Division 2 Making end of waste codes 165 Publication of draft end of waste code (1) Before the chief executive decides to make an end of waste code, the chief executive must publish the following on the department’s website— (a) a copy of the draft end of waste code; and (b) a notice stating— (i) that a person may make a submission to the chief executive about the draft end of waste code; and (ii) the period, of at least 28 days (the consultation period ), during which the submission may be made; and (iii) how to make a submission. (2) The chief executive must ensure the draft end of waste code and notice continue to be available from the department’s website throughout the consultation period. (3) The chief executive must consider all submissions made under subsection (1) before deciding whether or not to make the end of waste code. 166 Notice of making end of waste code (1) If the chief executive decides to make an end of waste code, the chief executive must notify the making of an end of waste code by gazette notice. (2) The gazette notice must state— (a) the name of the end of waste code; and (b) the date the end of waste code was made; and 2014 Act No. 59 Page 161

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (c) where a copy of the end of waste code may be inspected. (3) The end of waste code takes effect on the later of the following— (a) the day the gazette notice is published; (b) the day stated in the gazette notice for that purpose; (c) the day stated in the end of waste code for that purpose. Division 3 Amendment, cancellation or suspension of end of waste codes 167 Amendment of end of waste code The chief executive may, on the chief executive’s own initiative, amend an end of waste code. 168 Application for amendment of end of waste code (1) A person may apply to the chief executive to amend an end of waste code (an amendment application ). (2) An amendment application must— (a) be in the approved form; and (b) include the information prescribed by regulation; and (c) be accompanied by the fee prescribed by regulation. Page 162 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] 169 Refusal of application If the chief executive decides to refuse to grant an amendment application, the chief executive must, within 10 business days after making the decision, give the applicant an information notice for the decision. 170 Chief executive may require additional information or documents for amendment application (1) The chief executive may, by notice, require an applicant give the chief executive further information or documents the chief executive reasonably requires to decide the application about an amendment application within a reasonable period stated in the notice (the stated period ). (2) The chief executive and the applicant may, before the stated period ends, agree to extend the period. (3) The application is taken to be withdrawn if the applicant does not comply with the requirement within the stated period. 171 Cancellation or suspension of end of waste code The chief executive may cancel or suspend an end of waste code if the chief executive is satisfied— (a) there is no longer a use for a particular resource under the code; or (b) the end of waste code was made on the basis of a miscalculation of— (i) the characteristics of the resource; and (ii) the potential of the resource to cause serious environmental harm, or 2014 Act No. 59 Page 163

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] material environmental harm, because of those characteristics; or (c) the use of particular waste or a particular resource is unlawful; or (d) it is necessary or desirable to do so having regard to the objects of the Act. 172 Procedure for amending, cancelling or suspending end of waste code (1) This section applies if the chief executive proposes— (a) to amend an end of waste code; or (b) to cancel or suspend an end of waste code. (2) The chief executive must— (a) give notice of the proposed action to each registered resource producer for the end of waste code; and (b) publish a notice of the proposed action— (i) on the department’s website; and (ii) in any other way the chief executive considers appropriate. (3) A notice under subsection (2) must state the following— (a) the action the chief executive proposes to take; (b) if the proposed action is an amendment of an end of waste code—the proposed amendment; (c) if the proposed action is suspension—the proposed period of the suspension; (d) the reasons for the proposed action; Page 164 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (e) the facts and circumstances that form the basis for the reasons; (f) for a notice given to a registered resource producer—that the registered resource producer may, within a stated period, make a written submission to the chief executive about the proposed action; (g) for a notice published under subsection (2)(b)—that any person may, within a stated period, make a written submission to the chief executive about the proposed action. (4) The stated period must not end before 28 days after whichever of the following happens last— (a) the day the notice is given to the registered resource producer under subsection (2)(a); (b) the day the notice is published under subsection (2)(b). (5) The chief executive may decide whether or not to take the proposed action after considering— (a) all submissions made under subsection (3) within the stated period; and (b) if the proposed action is an amendment of an end of waste code— (i) the effect of the amendment on the use of a particular resource; and (ii) whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and (iii) the waste and resource management hierarchy; and 2014 Act No. 59 Page 165

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (iv) any advice, information or comment provided by any technical advisory panel; and (c) another matter prescribed by regulation. (6) If the chief executive decides to take the proposed action, the chief executive must give each registered resource producer for the end of waste code an information notice for the decision within 10 business days after making the decision. (7) The decision takes effect for a registered resource producer on the later of the following days— (a) the day the information notice is given to the registered resource producer; (b) a later day stated in the information notice for that purpose. 173 Publication of amended end of waste code If the chief executive amends an end of waste code under section 172, the chief executive must publish a copy of the amended end of waste code— (a) on the department’s website; and (b) in any other way the chief executive considers appropriate. 173A Minor amendment of end of waste code (1) The chief executive may make a minor amendment of an end of waste code by publishing a notice of the amendment— (a) on the department’s website; and (b) in any other way the chief executive considers appropriate. Page 166 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (2) The chief executive may make the minor amendment to the end of waste code— (a) on the chief executive’s own initiative; or (b) on an application made under section 168 for a minor amendment of an end of waste code. (3) This section applies despite section 172. (4) In this section— minor amendment , of an end of waste code, means an amendment of the code— (a) to correct a minor or formal error in the code; or (b) to make another change that is not a change of substance and does not adversely affect the interests of a registered resource producer or a person who is likely to receive a resource from the registered resource producer. Division 4 Registration of end of waste resource producers 173B Registration of end of waste resource producers (1) A person becomes a registered resource producer for an end of waste code by giving the chief executive a notice that the person intends to become a registered resource producer for the code. (2) The notice must— (a) be in the approved form; and (b) include the information prescribed by regulation; and 2014 Act No. 59 Page 167

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (c) be accompanied by the fee prescribed by regulation. 173C Cancellation or suspension of registration (1) The chief executive may cancel or suspend a registered resource producer’s registration if the chief executive reasonably believes the registered resource producer has failed to comply with a requirement of an end of waste code. (2) The chief executive may act under subsection (1) regardless of whether the chief executive has given the registered resource producer a show cause notice under chapter 11. Page 168 173D Procedure for cancelling or suspending registration (1) Before cancelling or suspending a registered resource producer’s registration under section 173C, the chief executive must give the person a notice stating the following— (a) the action the chief executive proposes to take; (b) if the proposed action is suspension—the period of the suspension; (c) the reasons for the proposed action; (d) the facts and circumstances that form the basis for the reasons; (e) that the person may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken. (2) For subsection (1)(e), the stated period must not end less than 28 days after the registered resource producer is given the notice. 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (3) The chief executive must consider any submissions made under subsection (1). (4) If the chief executive decides to take the proposed action, the chief executive must, within 5 business days after making the decision, give the registered resource producer an information notice for the decision. (5) The decision takes effect the day the information notice is given to the registered resource producer. 173E Particular circumstances when end of waste approval lapses (1) This section applies if the holder of an end of waste approval relating to a particular waste or resource becomes a registered resource producer for an end of waste code for the same waste or resource. (2) The person’s end of waste approval lapses. 173F Register of registered resource producers (1) The chief executive must maintain a register of registered resource producers for each end of waste code. (2) The register may be kept in electronic form. Division 5 Miscellaneous 173G Technical advisory panels (1) The chief executive may establish a panel (a technical advisory panel) — (a) to— 2014 Act No. 59 Page 169

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (i) consider matters relating to the development of a draft end of waste code; and (ii) if necessary, prepare a draft end of waste code; or (b) to consider and provide advice, information or comment about— (i) a draft end of waste code prepared by the chief executive; or (ii) an amendment of an end of waste code. (2) A regulation may prescribe matters for a technical advisory panel, including, but not limited to, the following matters— (a) the terms of reference for the panel; (b) the appointment of members of the panel; (c) the composition of the panel membership; (d) the resignation of members of the panel; (e) the disclosure of interests of members of the panel; (f) the termination of appointment of members of the panel. 173H Chief executive may seek advice, comment or information about pt 2 (1) The chief executive may ask any entity for advice, comment or information about the operation of this part, including, for example, the operation of an end of waste code. (2) There is no particular way advice, comment or information must be asked for and received and the request may be by public notice. Page 170 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] Part 3 End of waste approvals Division 1 Grant of end of waste approvals 173I Application (1) A person may apply to the chief executive for an end of waste approval for 1 kind of waste to be used as a resource. (2) The application must— (a) be in the approved form; and (b) include the information prescribed by regulation; and (c) be accompanied by a written report, in the approved form, prepared by a suitably qualified person about the application; and (d) be accompanied by the fee prescribed by regulation. (3) A regulation may prescribe matters relating to the preparation of a written report about an application. (4) In this section— suitably qualified person , in relation to a written report, means a person who— (a) has the qualifications and experience appropriate for preparing the report; and (b) meets the criteria, if any, prescribed by regulation. 2014 Act No. 59 Page 171

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] 173J Chief executive may require additional information or documents (1) The chief executive may, by notice given within 20 business days after receiving the application, require the applicant to give the chief executive further information or documents the chief executive reasonably requires to decide the application within a reasonable period stated in the notice (the stated period ). (2) The chief executive and the applicant may, before the stated period ends, agree to extend the period. (3) The application is taken to be withdrawn if the applicant does not comply with the requirement within the stated period. Page 172 173K Deciding application (1) The chief executive must decide to grant or refuse to grant the application within 20 business days after the later of the following days (the decision period )— (a) the day the chief executive receives the application; (b) if further information or documents are requested under section 173J—the day the chief executive receives the information or documents. (2) However, the chief executive may extend the decision period by giving the applicant, within 20 business days after the end of the decision period, a notice that the chief executive has extended the decision period. (3) The extension must not be more than 20 business days. (4) Only 1 extension may be made under subsection (2). 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (5) A failure to make a decision under this section is taken to be a decision to refuse to grant the application. 173L Criteria for deciding application (1) In deciding whether to grant or refuse to grant the application, the chief executive must consider the following— (a) the objectives of this Act; (b) the waste and resource management hierarchy; (c) whether the proposed management of a particular waste or the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; (d) whether it is reasonably practicable for an end of waste code to be made for the particular waste or resource the subject of the application; (e) another matter prescribed by regulation. (2) This section does not limit the matters the chief executive may consider in making the decision. 173M Grant of application (1) If the chief executive decides to grant the application, the chief executive must, within 5 business days after making the decision, give the applicant a notice stating the following— (a) that the end of waste approval has been granted; (b) the particular waste or resource to which the approval relates; 2014 Act No. 59 Page 173

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (c) the person to whom the approval is granted; (d) when the approval ends; (e) any conditions imposed on the approval; (f) if conditions are imposed on the approval—the reasons for the conditions. (2) If the chief executive imposes any conditions on the end of waste approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions. 173N Conditions of end of waste approval (1) The chief executive may impose the conditions on an end of waste approval the chief executive considers are necessary or desirable. (2) However, the conditions may only impose an obligation on the holder of the approval and must not impose an obligation on a user of the resource. (3) A regulation may prescribe the types of conditions that may be imposed by the chief executive under subsection (1). 173O Refusal of application If the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision. 173P Compliance with condition of end of waste approval (1) This section applies to a person who is the holder of, or is acting under, an end of waste approval. Page 174 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (2) The person must comply with the conditions of the approval. Maximum penalty—1665 penalty units. Note — If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268, to have also committed the offence. 173Q Extending end of waste approval (1) A person may apply to the chief executive, on one occasion, to extend an end of waste approval. (2) The application must be made in the approved form, not less than 1 month before the approval ends. (3) In deciding whether to grant or refuse to grant the application, the chief executive must consider— (a) the matters mentioned in section 173L(1); and (b) whether the waste, and resource, to which the approval relates would be more appropriately managed as a waste management ERA. Division 2 Transfer or amendment of end of waste approvals on application 173R Definitions for div 2 In this division— amendment application see section 173S(1)(a). transfer application see section 173S(1)(b). 2014 Act No. 59 Page 175

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] Page 176 173S Application for transfer or amendment of end of waste approval (1) The holder of an end of waste approval may apply to the chief executive to— (a) amend the approval (an amendment application ); or (b) transfer the approval to another person (a transfer application ). (2) The amendment application must— (a) be in the approved form; and (b) include the information prescribed by regulation; and (c) be accompanied by a written report about the application prepared, in the approved form, by a suitably qualified person; and (d) be accompanied by the fee prescribed by regulation. (3) The transfer application must— (a) be in the approved form; and (b) include the information prescribed by regulation; and (c) be accompanied by the signed consent of the proposed transferee; and (d) be accompanied by the fee prescribed by regulation. (4) A regulation may prescribe matters relating to the preparation of a written report about an amendment application. (5) In this section— suitably qualified person , in relation to a written report about an amendment application, means a person who— 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (a) has the qualifications and experience appropriate for preparing the report; and (b) meets the criteria, if any, prescribed by regulation. 173T Chief executive may require additional information or documents for amendment application (1) The chief executive may, by notice, require an applicant give the chief executive further information or documents the chief executive reasonably requires to decide an amendment application within a reasonable period stated in the notice (the stated period ). (2) The chief executive and the applicant may agree to extend the stated period for giving the information or documents. (3) The application is taken to be withdrawn if the applicant does not comply with the requirement within the stated period. 173U Decision on amendment application (1) In deciding whether or not to grant an amendment application, the chief executive must consider— (a) the effect of the amendment on the management of a particular waste or the use of a particular resource; and (b) whether the effect of the amendment on the management of a particular waste or the use of a particular resource may, or is likely to, cause any serious environmental harm or material environmental harm; and (c) the waste and resource management hierarchy; and 2014 Act No. 59 Page 177

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (d) any other matter prescribed by regulation. (2) The chief executive must decide to grant or refuse to grant the application within 10 business days after the later of the following days (the decision period )— (a) the day the chief executive receives the application; (b) if additional information or documents are requested under section 173T—the day the chief executive receives the information. (3) However, the chief executive may, by written notice given to the applicant before the end of the decision period, extend the period mentioned in subsection (2) by no more than 20 business days. (4) Only 1 extension may be made under subsection (3). (5) If the chief executive decides to grant the application, the chief executive must, within 5 business days of making the decision, give the applicant a notice stating— (a) that the application has been granted; and (b) any new conditions imposed on the approval; and (c) any existing conditions amended for the approval; and (d) the day the amendment takes effect. (6) If the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision. (7) A failure to make a decision under subsection (2) is taken to be a decision to refuse the application. Page 178 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] 173V Decision on transfer application (1) The chief executive must consider a transfer application and decide to— (a) approve the transfer; or (b) refuse the transfer. (2) The decision must be made within 10 business days after the transfer application is received (the decision period ). (3) However, the chief executive may, by written notice given to the applicant before the end of the decision period, extend the period by no more than 20 business days. (4) Only 1 extension may be made under subsection (3). (5) If the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision. Division 3 Amendment, cancellation or suspension of end of waste approval 173W Amendment of end of waste approval The chief executive may, on the chief executive’s own initiative, amend an end of waste approval. 173X Cancellation or suspension of an end of waste approval (1) The chief executive may cancel or suspend an end of waste approval if the chief executive is satisfied— 2014 Act No. 59 Page 179

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (a) there is no longer a use, or likely to be a future use, for a particular resource under the approval; or (b) the management of a particular waste or the use of a particular resource under the approval has caused, or is likely to cause, serious or material environmental harm that is unlawful under the EnvironmentalProtection Act, section 493A; or (c) the use of particular waste or a particular resource is unlawful; or (d) the approval was granted because of a materially false or misleading representation or declaration; or (e) the approval was granted on the basis of particular matters or information that have changed and the change is likely to cause material environmental harm or serious environmental harm; or (f) a condition imposed on the approval has not been complied with; or (g) a request for information about the approval under section 173ZB has not been complied with. (2) The chief executive may also cancel an end of waste approval if— (a) an end of waste code for the particular resource to which the end of waste approval relates is in effect; and (b) the chief executive reasonably believes the holder of the end of waste approval may operate under the end of waste code. Page 180 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] 173Y Procedure for amending, cancelling or suspending end of waste approval (1) This section applies if the chief executive proposes to— (a) amend an end of waste approval; or (b) cancel or suspend an end of waste approval. (2) The chief executive must give notice of the proposed action to the holder of the approval. (3) The notice must state the following— (a) the action the chief executive proposes to take; (b) if the proposed action is an amendment—the proposed amendment; (c) if the proposed action is suspension—the period of the suspension; (d) the grounds for the proposed action; (e) the facts and circumstances that form the basis for the grounds; (f) that the holder of the approval may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken. (4) The stated period must not end less than 28 days after the holder of the end of waste approval is given the notice. (5) The chief executive must decide whether or not to take the proposed action within 20 business days after the end of the stated period. (6) However, the chief executive may, by written notice given to the applicant before the end of the stated period, extend the stated period mentioned in subsection (5) by no more than 20 business days. 2014 Act No. 59 Page 181

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] (7) Only 1 extension may be made under subsection (6). (8) In deciding whether or not to take the proposed action, the chief executive must consider the following— (a) all submissions made by the holder of the end of waste approval within the stated period; (b) if the proposed action is an amendment— (i) the effect of the amendment on the management of a particular waste or the use of a particular resource; and (ii) whether the effect of the amendment on the management of a particular waste or the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and (iii) the waste and resource management hierarchy; (c) another matter prescribed by regulation. (9) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the end of waste approval an information notice for the decision. (10) The decision takes effect on the later of the following days— (a) the day the information notice is given to the holder of the end of waste approval; (b) a later day stated in the information notice for that purpose. Page 182 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 167] 173Z Minor amendment of end of waste approval (1) The chief executive may make a minor amendment of an end of waste approval by giving notice of the amendment to the holder of the approval. (2) This section applies despite section 173Y. (3) In this section— minor amendment , of an end of waste approval, means an amendment of the approval— (a) to correct a minor or formal error in the approval; or (b) to make another change that is not a change of substance and does not adversely affect the interests of the holder of the approval or a person who is likely to receive a resource from the holder. Division 4 Surrender of end of waste approval 173ZA Surrendering end of waste approval The holder of an end of waste approval may surrender the approval by giving the chief executive written notice of the surrender. Division 5 Miscellaneous 173ZB Chief executive may request relevant information about end of waste approval (1) The chief executive, by notice given to the holder of an end of waste approval, may require the holder to give the chief executive information about the approval. 2014 Act No. 59 Page 183

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 168] (2) The notice must— (a) be in the approved form; and (b) state the information required; and (c) state the period within which the information is to be given to the chief executive; and (d) state why the information is required. 173ZC Chief executive may seek advice, comment or information about pt 3 The chief executive may ask any entity for advice, comment or information about the operation of this part at any time. 168 Amendment of s 245 (Definitions for ch 11) (1) Section 245, definition prescribed provision , paragraph (a), ‘44(3), 52(1)’— omit, insert— 44(2), 52(2) (2) Section 245, definition prescribed provision , paragraph (a), ‘167’— omit, insert— 158, 173P 169 Amendment of s 268 (Executive officer may be taken to have committed offence) Section 268(4), definition deemed executive liability provision , second dot point— omit, insert— • section 158 • section 173P Page 184 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 170] 170 Replacement of ch 16 (Repeal and amendment of other legislation) Chapter 16— omit, insert — Chapter 16 Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2014 302 Definitions for ch 16 In this chapter— amending Act means the Environmental Protection and Other Legislation Amendment Act 2014 . former Act means this Act as in force immediately before the commencement. general approval means a general approval under the former Act. specific approval means a specific approval under the former Act. 303 Existing general approvals (1) This section applies to a general approval that was in force immediately before the commencement. (2) The general approval continues in force for its term provided for under the former Act. 2014 Act No. 59 Page 185

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 170] (3) Despite the replacement of chapter 8 under the amending Act, the following provisions as in force under the former Act continue to apply for the general approval— (a) chapter 8, part 5; (b) chapter 8, part 6, division 2 to the extent it provides for the cancellation or suspension of an approval; (c) chapters 9, 10, 11 and 14 to the extent they relate to a general approval. (4) Subsection (5) applies if— (a) an end of waste code is made; and (b) the end of waste code relates to a particular waste or resource to which the general approval relates. (5) The general approval ends on the later of the following days— (a) the day before the end of waste code takes effect; (b) a later day fixed by the chief executive for that purpose by notice published on the department’s website. (6) A person who is registered under a general approval that ends is taken to be a registered resource producer from the day on which the approval ends. (7) Section 158 does not apply to a person who was carrying out an activity in accordance with a general approval that ends until 1 year after the general approval ends. (8) However, subsection (3) continues to apply as if the general approval has not ended under subsection (5). Page 186 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 170] 304 Existing specific approvals (1) This section applies if, immediately before the commencement, a person was the holder of a specific approval under the former Act. (2) Despite the replacement of chapter 8 under the amending Act, chapter 8, part 5 of the former Act continues to apply to the specific approval. (3) From the commencement, the specific approval is taken to be an end of waste approval for the particular resource or waste to which the specific approval relates. 305 Existing applications (1) This section applies to any of the following applications made under the former Act but not decided before the commencement— (a) an application for a general approval or specific approval; (b) an application for an amendment or transfer of a general approval or specific approval. (2) On the commencement, the application lapses. 306 Existing show cause procedure (1) This section applies if, before the commencement— (a) the chief executive gave a person operating under a general approval, or the holder of a specific approval, a show cause notice under the former Act, section 246; and (b) the chief executive had not decided whether or not to give the person a compliance notice. 2014 Act No. 59 Page 187

Environmental Protection and Other Legislation Amendment Act 2014 Part 7 Amendment of Waste Reduction and Recycling Act 2011 [s 171] (2) The chief executive must decide under the former Act whether or not to give the person a compliance notice. 171 Amendment of schedule (Dictionary) (1) Schedule, definitions amend , approval , best practice environmental management , disqualifying event , environmental nuisance , general approval , holder , resource and specific approval — omit . (2) Schedule— insert — amend , an end of waste approval, for chapter 8, see section 156. amendment application , for chapter 8, part 3, division 2, see section 173S(1)(a). business days does not include a business day that occurs during the period starting on 20 December in a year and ending on 5 January in the following year. end of waste approval , for chapter 8, see section 159. end of waste code , for chapter 8, see section 159. registered resource producer , for an end of waste code, for chapter 8, see section 156. resource , for chapter 8, see section 155. technical advisory panel , for chapter 8, part 2, see section 173G. transfer application , for chapter 8, part 3, division 2, see section 173S(1)(b). (3) Schedule, definitions material environmental harm and serious environmental harm , ‘155’— Page 188 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Part 8 Amendment of Wet Tropics World Heritage Protection and Management Act 1993 [s 172] omit, insert — 156 Part 8 Amendment of Wet Tropics World Heritage Protection and Management Act 1993 172 Act amended This part amends the Wet Tropics World Heritage Protectionand Management Act 1993 . 173 Amendment of s 34 (Protection from liability) Section 34— insert — (4) This section does not apply to a person if the person is a State employee within the meaning of the Public Service Act 2008 , section 26B(4). Part 9 Consequential and minor amendments 174 Acts amended in sch 1 Schedule 1 amends the Acts it mentions. 2014 Act No. 59 Page 189

Environmental Protection and Other Legislation Amendment Act 2014 Schedule 1 Schedule 1 Consequential and minor amendments section 174 Biological Control Act 1987 1 Section 9(2) and (3), ‘authority’— omit, insert— Authority Environmental Protection Act 1994 1 Section 320D(1), ‘320B(2)’— omit, insert— 320B(3) 2 Section 326E(3), definition recipient , ‘or 326B(2)’— omit, insert— , 326B(2) or 326BA(2) 3 Section 326F(4), definition recipient , after ‘326B(2)’— insert— or 326BA(2) 4 Section 326G(9), definition recipient , after ‘326B(2)’— insert— or 326BA(2) Page 190 2014 Act No. 59

Environmental Protection and Other Legislation Amendment Act 2014 Schedule 1 5 Section 326H(2), definition recipient , ‘or 326B(2)’— omit, insert— , 326B(2) or 326BA(2) 6 Section 326I(7), definition recipient , after ‘326B(2)’— insert— or 326BA(2) Vegetation Management Act 1999 1 Section 22DAC(2), definition eligible owner , paragraph (f)— omit, insert— (f) is a registered resource producer, or holds an end of waste approval, under the WasteReduction and Recycling Act 2011 , chapter 8 and the resource to which the code or approval relates is water; or © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 Act No. 59 Page 191