Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 (Qld)

Queensland Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Act No. 52 of 2008

Queensland Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Environmental Protection Act 1994 Act amended in pt 2 and sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 15 (Environmental nuisance). . . . . . . . . . . . . . . 10 Amendment of s 17 (Serious environmental harm) . . . . . . . . . . . 10 Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17A Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of s 18 (Meaning of environmentally relevant activity) ..................................... 11 Amendment of s 19 (Environmentally relevant activity may be prescribed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Omission of s 20 (Levels for environmentally relevant activities) . 11 Amendment of s 57 (EIS assessment report) . . . . . . . . . . . . . . . 12 Amendment of s 73AA (Development applications in relation to wild river areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 73F (Registration certificates) . . . . . . . . . . . . . . 14 Insertion of new s 73FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 73FA Issue of 2 or more registration certificates in place of single certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 73O (Surrendering a registration certificate) . . . 16 Amendment of s 73T (Offences under s 427 do not apply in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 77 (What is a petroleum activity, a level 1 petroleum activity and a level 2 petroleum activity) . . . . . . . . . . . 17 Amendment of s 163A (Application of div 3) . . . . . . . . . . . . . . . . 17 Amendment of s 171 (Deciding application). . . . . . . . . . . . . . . . . 17

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents 19 20 21 22 23 24 25 26 27 28 Page 2 Amendment of s 173 (Administering authority may refuse application) .................................... Amendment of s 207 (Administering authority may refuse application) .................................... Amendment of s 214 (Declaration of compliance) . . . . . . . . . . . . Amendment of s 215 (Substantial compliance may be accepted) Amendment of s 228 (Grant of application on basis of draft environmental authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 240 (Requirements for application) . . . . . . . . . . Amendment of s 246 (Assessment level and EIS decisions for application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 247 (Ministerial decision about assessment level and EIS decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 337 (Administering authority to consider draft programs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 7, pts 5A to 5C . . . . . . . . . . . . . . . . . . . . . . . Part 5A Direction notices 363A Prescribed provisions . . . . . . . . . . . . . . . . . . . . . . . . . 363B Authorised person may issue a direction notice . . . . . 363C Matters to consider before issuing a direction notice relating to particular emissions. . . . . . . . . . . . . . . . . . 363D Requirements of direction notices . . . . . . . . . . . . . . . 363E Offence not to comply with a direction notice . . . . . . . Part 5B Clean-up notices 363F Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 363G Who are the prescribed persons for a contamination incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363H Administering authority may issue clean-up notice . . 363I Offence not to comply with clean-up notice . . . . . . . . 363J Procedure if recipient is not the owner of land on which action is required . . . . . . . . . . . . . . . . . . . . . . . 363K Taking action in place of recipient . . . . . . . . . . . . . . . 363L Obstruction of recipient complying with notice . . . . . . Part 5C Cost recovery notices 363M Who are the prescribed persons for a contamination incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363N Administering authority may issue cost recovery notice ............................... 363O Several recipients of a cost recovery notice . . . . . . . . 18 18 18 18 19 19 19 19 19 20 20 20 21 23 24 24 24 25 27 28 29 30 30 31 34 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents 29 Amendment of s 364 (When financial assurance may be required) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 30 Replacement of s 369 (Restrictions on performing waste management works). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 369 Restrictions on performing waste management works 34 31 Insertion of new s 369C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 369C Offence of contravening approval . . . . . . . . . . . . . . . . 35 32 Amendment of s 380 (Procedure to be followed if recipient is not owner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 33 Amendment of s 394 (Procedure to be followed if recipient is not owner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 34 Amendment of s 409 (Procedure to be followed if recipient is not owner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 35 Replacement of s 426 (Environmental authority required for mining or petroleum activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 426 Environmental authority required for mining activity. . 36 426A Environmental authority required for petroleum activity .............................. 36 36 Amendment of s 427 (Only registered operators may carry out chapter 4 activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37 Omission of s 436 (Unlawful environmental harm). . . . . . . . . . . . 36 38 Amendment of s 437 (Offences of causing serious environmental harm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 39 Amendment of s 438 (Offences of causing material environmental harm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 40 Amendment of s 440 (Offence of causing environmental nuisance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 41 Insertion of new ch 8, pts 3B to 3F. . . . . . . . . . . . . . . . . . . . . . . . 38 Part 3B Offences relating to noise standards Division 1 Preliminary 440K Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 38 440L Meaning of audible noise . . . . . . . . . . . . . . . . . . . . . . 40 440M Reference to making a noise . . . . . . . . . . . . . . . . . . . 40 440N Noise levels measured at an affected building . . . . . . 41 Division 2 Application of noise standards 440O Local law may prescribe noise standards. . . . . . . . . . 41 440P Default noise standards under div 3 . . . . . . . . . . . . . . 41 440Q Offence of contravening a noise standard . . . . . . . . . 42 Division 3 Default noise standards 2008 Act No. 52 Page 3

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents 440R Building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440S Regulated devices . . . . . . . . . . . . . . . . . . . . . . . . . . . 440T Pumps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440U Airconditioning equipment . . . . . . . . . . . . . . . . . . . . . 440V Refrigeration equipment . . . . . . . . . . . . . . . . . . . . . . . 440W Indoor venues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440X Open-air events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440Y Amplifier devices other than at indoor venue or open-air event. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440Z Power boat sports in waterway. . . . . . . . . . . . . . . . . . 440ZA Operating power boat engine at premises . . . . . . . . . 440ZB Blasting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440ZC Outdoor shooting ranges . . . . . . . . . . . . . . . . . . . . . . Part 3C Offences relating to water contamination 440ZD Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . 440ZE Meaning of deposits for pt 3C. . . . . . . . . . . . . . . . . . . 440ZF Prescribed water contaminants . . . . . . . . . . . . . . . . . 440ZG Depositing prescribed water contaminants in waters and related matters . . . . . . . . . . . . . . . . . . . . . Part 3D Offences relating to releases from boats into non-coastal waters 440ZH Definitions for pt 3D . . . . . . . . . . . . . . . . . . . . . . . . . . 440ZI Release of certain substances from boats into non-coastal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . 440ZJ Release of sewage from boats into non-coastal waters ............................... 440ZK Depositing rubbish from boats into non-coastal waters ............................... Part 3E Offences relating to air contamination 440ZL Sale of solid fuel-burning equipment for use in residential premises and related matters . . . . . . . . . . 440ZM Permitted concentration of sulfur in liquid fuel for use in stationary fuel-burning equipment . . . . . . . . . . Part 3F Offences relating to fuel standards Division 1 Preliminary 440ZN Purpose of pt 3F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440ZO Definitions for pt 3F . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Offences 42 42 44 45 45 46 46 47 47 48 48 49 50 50 51 52 52 53 54 54 55 57 59 59 Page 4 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents 440ZP Non-application of div 2 . . . . . . . . . . . . . . . . . . . . . . . 61 440ZQ Supply of fuel that does not comply with Commonwealth fuel standard determinations . . . . . . 61 440ZR Permitted Reid vapour pressure—fuel with particular ethanol content . . . . . . . . . . . . . . . . . . . . . . 61 440ZS Permitted Reid vapour pressure—other fuel . . . . . . . 62 Division 3 Exemptions 440ZT Making applications . . . . . . . . . . . . . . . . . . . . . . . . . . 62 440ZU Request for further information. . . . . . . . . . . . . . . . . . 62 440ZV Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 63 440ZW Giving exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 440ZX Refusing applications . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 4 Record keeping 440ZY Record keeping requirements . . . . . . . . . . . . . . . . . . 64 42 Omission of s 441 (Offences of contravention of environmental protection policy or regulation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 43 Amendment of s 452 (Entry of place—general) . . . . . . . . . . . . . . 65 44 Amendment of s 453 (Entry of land—search, test, sample etc. for release of contaminant) . . . . . . . . . . . . . . . . . . . . . . . . . . 65 45 Amendment of s 454 (Entry of land—preliminary investigation) . 65 46 Amendment of s 455 (Entry of land for access) . . . . . . . . . . . . . . 65 47 Amendment of s 458 (Order to enter land to conduct investigation or conduct work) . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 48 Replacement of s 478 (Failure to comply with authorised person’s direction in emergency) . . . . . . . . . . . . . . . . . . . . . . . . . 66 478 Failure to comply with authorised person’s direction in emergency . . . . . . . . . . . . . . . . . . . . . . . . . . 66 49 Replacement of s 482 (Obstruction of authorised persons) . . . . . 67 482 Obstruction of authorised persons . . . . . . . . . . . . . . . 67 50 Amendment of s 486 (Authorised person to give notice of seizure or damage) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 51 Amendment of s 487 (Compensation) . . . . . . . . . . . . . . . . . . . . . 68 52 Amendment of s 488 (Administering authority to reimburse costs and expenses incurred). . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 53 Replacement of s 491 (Special evidentiary provision—environmental nuisance) . . . . . . . . . . . . . . . . . . . . . . 69 491 Special evidentiary provision—particular emissions . 69 491A Further special evidentiary provisions for noise . . . . . 69 54 Insertion of new ch 10, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2008 Act No. 52 Page 5

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Page 6 Part 2A Unlawfulness of particular acts 493A When environmental harm or related acts are unlawful ............................. Amendment of s 505 (Restraint of contraventions of Act etc.) . . . Amendment of s 514 (Devolution of powers) . . . . . . . . . . . . . . . . Amendment of s 520 (Dissatisfied person) . . . . . . . . . . . . . . . . . Amendment of s 521 (Procedure for review) . . . . . . . . . . . . . . . . Insertion of new s 535A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535A Stay of decision to issue a clean-up notice . . . . . . . . Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . Amendment of s 575 (Entry orders) . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 12, pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4B Protocols and standards 579B Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579C Prescribed standards . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 580 (Regulation-making power) . . . . . . . . . . . . Amendment of s 593 (Transitional authority taken to be non-code compliant). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 13, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 10 Savings provision for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 645 Definition for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . 646 Accrediting entity for s 440ZL . . . . . . . . . . . . . . . . . . . Insertion of new sch 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 1AA Exclusions relating to environmental nuisance or environmental harm Part 1 Environmental nuisance excluded from ss 440 and 440Q 1 Safety and transport noise . . . . . . . . . . . . . . . . . . . . . 2 Government activities and public infrastructure . . . . . 3 Nuisance regulated by other laws . . . . . . . . . . . . . . . Part 2 Exclusions from environmental harm and environmental nuisance 4 Non-domestic animal noise . . . . . . . . . . . . . . . . . . . . 5 Particular cooking odours. . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Original decisions). . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Notifiable activities) . . . . . . . . . . . . . . . . . . 71 72 72 73 73 73 73 74 74 74 74 76 76 76 76 76 77 77 77 78 79 80 80 80 81 2008 Act No. 52

69 70 Part 3 71 72 73 74 75 76 Part 4 77 78 Part 5 79 80 81 82 Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Renumbering of schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Dangerous Goods Safety Management Act2001 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 107 (Recovery of costs of government action) . Insertion of new ss 107A and 107B . . . . . . . . . . . . . . . . . . . . . . . 107A Cost recovery notice. . . . . . . . . . . . . . . . . . . . . . . . . . 107B Cost recovery notice issued to several persons . . . . . Insertion of new pt 9, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1A Appeals against decision to issue cost recovery notice 154A Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154B Court to which appeal may be made . . . . . . . . . . . . . 154C Application of ss 150–154 to an appeal under this division .............................. Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 13 Transitional provision for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 189 Proceedings started before commencement of this section .......................... Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of EnvironmentalProtectionandOtherLegislationAmendmentAct2007 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 26 (Amendment of s 514 (Devolution of powers)) ...................................... Amendment of IntegratedPlanningAct1997 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1.3.5 (Definitions for terms used in development) ................................. Amendment of s 4.1.28A (Additional and extended appeal rights for submitters for particular development applications) . . . Insertion of new ch 6, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 9 Transitional provisions for EnvironmentalProtectionandOtherLegislationAmendmentAct (No. 2) 2008 6.9.1 Particular activities not a material change of use . . . . 81 86 87 87 88 88 90 90 90 90 90 91 91 91 92 92 92 93 93 93 94 2008 Act No. 52 Page 7

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Contents 83 84 85 86 Part 6 87 88 89 90 91 92 93 94 95 96 97 Part 7 98 Schedule 1 Schedule 2 6.9.2 Deferment of application of s 4.3.1 to particular material changes of use . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8 (Assessable development and self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8A (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Development that is exempt from assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of NatureConservationAct1992 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 33 (Amalgamation etc. of protected areas) . . . . Amendment of s 36 (Authorities for new national park or national park (recovery)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 46 (Declaration of protected area) . . . . . . . . . . Amendment of s 47 (Duration and termination of conservation agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 48 (Variation of conservation agreements) . . . . Amendment of s 70B (Definitions for pt 4A) . . . . . . . . . . . . . . . . . Insertion of new s 70BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70BA SEQ horse riding trail network . . . . . . . . . . . . . . . . . . Insertion of new ss 70JA and 70JB . . . . . . . . . . . . . . . . . . . . . . . 70JA Review of impact of horse riding trails . . . . . . . . . . . . 70JB Assessment by independent scientific advisory committee ............................ Amendment of s 70K (Designation) . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendments of other Acts Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor amendments of EnvironmentalProtectionAct1994 . . Consequential and minor amendments of other Acts . . . . . . CoastalProtectionandManagementAct1995 . . . . . . . . . . . . . . IndustrialDevelopmentAct1963 . . . . . . . . . . . . . . . . . . . . . . . . . MineralResourcesAct1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . State Development andPublicWorksOrganisationAct1971 . . . Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WildRiversAct2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 94 95 96 96 97 97 97 97 98 98 99 99 99 99 99 100 101 101 102 103 106 106 106 107 107 107 108 Page 8 2008 Act No. 52

QueenslandEnvironmental Protection and Other LegislationAmendment Act (No. 2) 2008 Act No. 52 of 2008 An Act to amend the Environmental Protection Act 1994, the DangerousGoods Safety Management Act 2001, the Environmental Protection andOther Legislation Amendment Act 2007, the Integrated Planning Act 1997 and the Nature Conservation Act 1992 for particular purposes, and to make consequential or minor amendments of other Acts as stated in schedule 2 for purposes related to those particular purposes [Assented to 23 October 2008]

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 [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 (No. 2) 2008 . 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Environmental Protection Act 1994 3 Act amended in pt 2 and sch 1 This part and schedule 1 amend the Environmental ProtectionAct 1994. 4 Amendment of s 15 (Environmental nuisance) Section 15(a)— omit, insert— ‘(a) aerosols, fumes, light, noise, odour, particles or smoke; or’. 5 Amendment of s 17 (Serious environmental harm) (1) Section 17(1)(a), from ‘that causes’ to ‘values’— omit. Page 10 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 6] (2) Section 17(1)(b), from ‘that’ to ‘values of’— omit, insert— ‘caused to’. 6 ‘17A Insertion of new s 17A After section 17— insert— Exclusions ‘Despite sections 14 and 15, a thing stated in schedule 1, part 2 is not environmental harm or environmental nuisance.’. 7 Amendment of s 18 (Meaning of environmentally relevant activity ) Section 18(a)— omit, insert— ‘(a) a mining activity or petroleum activity; or’. 8 Amendment of s 19 (Environmentally relevant activity may be prescribed) Section 19, after ‘mining activity’— insert— ‘or petroleum activity’. 9 Omission of s 20 (Levels for environmentally relevant activities) Section 20— omit. 2008 Act No. 52 Page 11

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 10] 10 Amendment of s 57 (EIS assessment report) Section 57(2)(a), ‘the end of the relevant period under section 56’— omit, insert— ‘the day the notice mentioned in subsection (1) was given’. 11 Amendment of s 73AA (Development applications in relation to wild river areas) (1) Section 73AA(2), from ‘environmentally’ to ‘material)’— omit, insert— ‘extraction ERA’. (2) Section 73AA(3)(a) and (b)— omit, insert— ‘(a) a sewage ERA; (b) a water treatment ERA; (c) a dredging ERA; (d) an extraction ERA, if the activity is a low impact activity carried out outside waters and is for specified works, or residential complexes, in the area; (e) a screening ERA, if the activity is carried out outside waters and is for specified works, or residential complexes, in the area; (f) a crude oil or petroleum product storage ERA, if the activity is for residential complexes in the area and is carried out outside a designated urban area; (g) an exempt environmentally relevant activity in a designated urban area.’. (3) Section 73AA(4), from ‘environmentally’ to ‘item 20’— omit, insert— ‘extraction ERA’. Page 12 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 11] (4) Section 73AA(6)(b)(i) and (ii)— omit, insert— ‘(i) a sewage ERA or water treatment ERA, if the development is in a designated urban area; (ii) development mentioned in subsection (3)(g); and’. (5) Section 73AA(8), ‘(3)(a)(i)’— omit, insert— ‘(3)(a) or (b)’. (6) Section 73AA(9), definition exempt environmentally relevant activity — omit. (7) Section 73AA(9)— insert— ‘ crude oil or petroleum product storage ERA means a chapter 4 activity, prescribed under a regulation for this section, relating to storing crude oil or a petroleum product. dredging ERA means a chapter 4 activity, prescribed under a regulation for this section, relating to dredging material. exempt environmentally relevant activity means a chapter 4 activity prescribed under a regulation for this definition. extraction ERA means a chapter 4 activity, prescribed under a regulation for this section, relating to extracting rock or other material. screening ERA means a chapter 4 activity, prescribed under a regulation for this section, relating to screening, washing, crushing, grinding, milling, sizing or separating material extracted from the earth or dredged. sewage ERA means a chapter 4 activity, prescribed under a regulation for this section, relating to sewage treatment. water treatment ERA means a chapter 4 activity, prescribed under a regulation for this section, relating to water treatment.’. 2008 Act No. 52 Page 13

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 12] 12 Amendment of s 73F (Registration certificates) (1) Section 73F(1), ‘a certificate (a registration certificate )’— omit, insert— ‘1 or more certificates (each a registration certificate )’. (2) Section 73F(4)(a), ‘under subsection (2),’— omit. (3) Section 73F(7), ‘or (5)’— omit, insert— ‘, (3) or (6)’. (4) Section 73F(3) to (7)— renumber as section 73F(4) to (8). (5) Section 73F(2)— omit, insert— ‘(2) Subject to subsection (3), if the activities are carried out at 2 or more places, a separate registration certificate must be granted for the activities carried out at each place. ‘(3) A single registration certificate may be granted for activities carried out at different places if— (a) the administering authority is satisfied the activities will be carried out as a single integrated operation; or (b) all the following apply— (i) the applicant is a local government; (ii) the applicant asks the administering authority to grant a single registration certificate for the activities; (iii) the administering authority is satisfied the activities are non-commercial and it would be appropriate, having regard to the level of integration of the activities, to grant a single registration certificate for them.’. Page 14 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 13] 13 Insertion of new s 73FA After section 73F— insert— ‘73FA Issue of 2 or more registration certificates in place of single certificate ‘(1) This section applies if— (a) a person holds a single registration certificate for activities carried out at 2 or more places; and (b) the administering authority believes that, if the person did not hold the certificate and were to apply to be a registered operator to carry out the activities, a single registration certificate may not be granted for the activities under section 73F(3). ‘(2) The administering authority may give the person a notice stating— (a) the belief mentioned in subsection (1)(b); and (b) the grounds for the belief; and (c) that the administering authority proposes to cancel the registration certificate and issue 2 or more registration certificates for the activities; and (d) that, if the administering authority takes the action mentioned in paragraph (c) (the replacement action ), the person must pay the fees for the additional registration certificates; and (e) that the person may make written representations to the administering authority about why the authority should not take the replacement action; and (f) the period, at least 20 business days after the notice is given, within which the representations may be made; and (g) the name, address and contact details of the administering authority; (h) the review or appeal details. 2008 Act No. 52 Page 15

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 14] ‘(3) If, after considering any written representations received from the person within the time stated in the notice, the administering authority is satisfied of the matters stated in subsection (1)(b), it may take the replacement action. ‘(4) The administering authority must give the person written notice stating— (a) whether or not it has decided to take the replacement action; and (b) if it takes the replacement action— (i) the fees payable by the person for the additional registration certificates; and (ii) the review or appeal details. ‘(5) On receiving a notice under subsection (4)(b), the person must pay the fees for the additional registration certificates.’. 14 Amendment of s 73O (Surrendering a registration certificate) (1) Section 73O(6), words before section 73O(6)(b)(i)— omit, insert— ‘(6) In making a decision under subsection (3), the administering authority must consider the following—’. (2) Section 73O(6)(i) to (vii)— renumber as section 73O(6)(a) to (g). 15 Amendment of s 73T (Offences under s 427 do not apply in certain circumstances) (1) Section 73T(2), ‘4 months’— omit, insert— ‘1 year’. (2) Section 73T(3), ‘4 months mentioned in subsection (2) end if, within the 4 months’— Page 16 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 16] omit, insert— ‘1 year period mentioned in subsection (2) ends if, within the period’. 16 Amendment of s 77 (What is a petroleum activity , a level 1 petroleum activity and a level 2 petroleum activity ) Section 77(2) and (3)— omit, insert— ‘(2) Each petroleum activity must be prescribed under a regulation as a level 1 or level 2 petroleum activity, depending on the risk of environmental harm.’. 17 Amendment of s 163A (Application of div 3) Section 163A(a), ‘or an environmental authority (mining claim)’— omit, insert— ‘, environmental authority (mining claim) or environmental authority (exploration)’. 18 Amendment of s 171 (Deciding application) (1) Section 171(2)(a) to (f)— renumber as section 171(2)(i) to (vi). (2) Section 171(2), ‘must consider each of the following—’— omit, insert— ‘must— (a) comply with any relevant regulatory requirement; and (b) subject to paragraph (a), consider each of the following—’. 2008 Act No. 52 Page 17

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 19] 19 Amendment of s 173 (Administering authority may refuse application) (1) Section 173(2)(a) to (e)— renumber as section 173(2)(i) to (v). (2) Section 173(2), ‘, consider the following—’— omit, insert— ‘— (a) comply with any relevant regulatory requirement; and (b) subject to paragraph (a), consider each of the following—’. 20 Amendment of s 207 (Administering authority may refuse application) (1) Section 207(2)(a) to (e)— renumber as section 207(2)(i) to (v). (2) Section 207(2), ‘, consider the following—’— omit, insert— ‘— (a) comply with any relevant regulatory requirement; and (b) subject to paragraph (a), consider each of the following—’. 21 Amendment of s 214 (Declaration of compliance) Section 214(1), ‘starts’— omit, insert— ‘ends’. 22 Amendment of s 215 (Substantial compliance may be accepted) Section 215(1), ‘before’— Page 18 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 23] omit, insert— ‘within 10 business days after’. 23 Amendment of s 228 (Grant of application on basis of draft environmental authority) Section 228(1), ‘10 days’— omit, insert— ‘10 business days’. 24 Amendment of s 240 (Requirements for application) Section 240(c)— omit, insert— ‘(c) accompanied by the fee prescribed under a regulation.’. 25 Amendment of s 246 (Assessment level and EIS decisions for application) Section 246(2), after ‘subsection (1)’— insert— ‘, comply with any relevant regulatory requirement and’. 26 Amendment of s 247 (Ministerial decision about assessment level and EIS decisions) Section 247(7), after ‘consider’— insert— ‘any relevant regulatory requirement,’. 27 Amendment of s 337 (Administering authority to consider draft programs) Section 337(1), ‘after the application date.’— omit, insert— 2008 Act No. 52 Page 19

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] ‘after— (a) if public notice is required under section 335—the day stated in the notice as the day by which submissions may be made to the administering authority; or (b) otherwise—the application date.’. 28 Insertion of new ch 7, pts 5A to 5C Chapter 7— insert— ‘Part 5A Direction notices ‘363A Prescribed provisions ‘This part provides for a direction notice to be issued in relation to a contravention of section 440, 440Q or 440ZG (each of which is a prescribed provision ). Editor’s note — section 440 (Offence of causing environmental nuisance), 440Q (Offence of contravening a noise standard) or 440ZG (Depositing prescribed water contaminants in waters and related matters) ‘363B Authorised person may issue a direction notice ‘(1) This section applies if an authorised person is satisfied on reasonable grounds that— (a) a person— (i) is contravening a prescribed provision; or (ii) has contravened a prescribed provision in circumstances that make it likely the contravention will continue or be repeated; and (b) a matter relating to the contravention can be remedied; and Page 20 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (c) it is appropriate to give the person an opportunity to remedy the matter. ‘(2) The authorised person may issue a written notice (a direction notice ) to the person requiring the person to remedy the contravention. ‘(3) If, for any reason, it is not practicable to make a requirement to remedy the contravention by written notice, the requirement may be made orally and confirmed by a direction notice as soon as practicable. Note — Whether an oral requirement is made before issuing a direction notice is relevant to the time by which the person may be required to remedy the contravention. See section 363D(2)(c). ‘363C Matters to consider before issuing a direction notice relating to particular emissions ‘(1) This section applies to a contravention of section 440 involving an emission of aerosols, fumes, light, noise, odour, particles or smoke. ‘(2) Before deciding to issue a direction notice in relation to the contravention, the authorised person must— (a) consider the general emission criteria stated in subsection (3); and (b) if the emission is of noise, consider the noise emission criteria stated in subsection (4); and (c) having regard to those criteria, consider whether it would be appropriate to issue the direction notice or to first try to resolve the matter in another way. ‘(3) The general emission criteria, for a particular emission, are as follows— (a) the emission’s characteristics or qualities; (b) the emission’s amount or rate; (c) the duration and time of the emission; 2008 Act No. 52 Page 21

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (d) whether the emission is continuous or fluctuating; (e) the characteristics and qualities of the receiving environment, including the types of emissions that could reasonably be expected in the receiving environment; (f) the emission’s impact on the receiving environment; (g) in relation to each affected person for the emission— (i) any views of the affected person about the emission of which the authorised person is aware, including views about the degree of interference caused, or likely to be caused, by the emission to lawful activities at the place occupied by the affected person; and (ii) the order of occupancy between the person causing the emission and the affected person; and (iii) for the period during which the person causing the emission has occupied the place from which the emission is generated and the affected person has occupied the place affected by the emission— (A) any structural or other changes to either of those places; and (B) any change to the activities conducted at either of those places by the person causing the emission or affected person; (h) any mitigating measures that have been taken or could reasonably have been taken by the person causing the emission. ‘(4) The noise emission criteria are as follows— (a) if the authorised person has measured a sound pressure level for the noise—that level; (b) the audibility of the noise; (c) whether the noise is continuous at a steady level or whether it has a fluctuating, intermittent, tonal or impulsive nature; Page 22 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (d) whether the noise has vibration components. ‘(5) In this section— affected person , for an emission, means a person who the authorised person knows to be affected by the emission. ‘363D Requirements of direction notices ‘(1) A direction notice must state the following— (a) that the authorised person believes the person— (i) is contravening a prescribed provision; or (ii) has contravened a prescribed provision in circumstances that make it likely the contravention will continue or be repeated; (b) the particular prescribed provision the authorised person believes is being, or has been, contravened; (c) briefly, how it is believed the prescribed provision is being, or has been, contravened; (d) the time by which the person must remedy the contravention; (e) that it is an offence to fail to comply with the direction notice unless the person has a reasonable excuse; (f) the maximum penalty for failing to comply with the direction notice; (g) the review or appeal details. ‘(2) The time under subsection (1)(d) must be reasonable having regard to— (a) the action required to remedy the contravention; and (b) the risk to human health or the natural environment, or risk of loss or damage to property, posed by the contravention; and (c) how long the person has been aware of the contravention, for example, because an authorised 2008 Act No. 52 Page 23

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] person has previously made an oral requirement that the contravention be remedied. ‘(3) The notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the prescribed provision. ‘363E Offence not to comply with a direction notice ‘A person who is issued with a direction notice must comply with it unless the person has a reasonable excuse. Maximum penalty—300 penalty units. ‘Part 5B Clean-up notices ‘363F Definitions for pt 5B ‘In this part— contamination incident means an incident, involving contamination of the environment, that the administering authority is satisfied has caused or is likely to cause serious or material environmental harm. place means premises, another place on land or a vehicle. ‘363G Who are the prescribed persons for a contamination incident ‘For this part, each of the following persons is a prescribed person for a contamination incident— (a) a person causing or permitting, or who caused or permitted, the incident to happen; (b) a person who, at the time of the incident, is or was— (i) the occupier of a place at or from which the incident is happening or happened; or Page 24 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (ii) the owner, or person in control, of a contaminant involved in the incident; (c) if a clean-up notice is issued to a corporation (the first corporation ) in relation to the incident and it fails to comply with the notice— (i) a parent corporation of the first corporation; and (ii) an executive officer of the first corporation. ‘363H Administering authority may issue clean-up notice ‘(1) The administering authority may issue a written notice (a clean-up notice ) to a person whom the administering authority reasonably believes to be a prescribed person for a contamination incident, requiring the person to take stated action to— (a) prevent or minimise contamination; or Example — action to contain, remove, disperse or destroy the contaminants (b) rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident; or (c) assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing; or (d) keep the administering authority informed about the incident or the actions taken under the notice, including by giving to the administering authority stated reports, plans, drawings or other documents. ‘(2) The clean-up notice must state the following matters— (a) the name of the recipient; (b) a description of the contamination incident; (c) the place at or from which the administering authority is satisfied the incident is happening or has happened; 2008 Act No. 52 Page 25

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (d) the actions the recipient must take; (e) for each action, the time by which it must be taken; (f) that it is an offence for the recipient not to comply with the notice unless the recipient has a reasonable excuse; (g) the maximum penalty for the offence; (h) that, if the recipient does not comply with the notice, an authorised person may take any of the actions stated in the notice and the administering authority may recover from the recipient the costs incurred in taking the actions; (i) the name, address and contact details of the administering authority; (j) the review or appeal details. ‘(3) The time under subsection (2)(e) must be reasonable in all the circumstances, having regard to the actions the recipient must take and the risk of harm or further harm from the incident. ‘(4) The notice may include any other information the administering authority considers appropriate. Example — The notice may state how the administering authority proposes to monitor compliance with the notice, including by exercising powers under chapter 9. ‘(5) If the notice is issued to 2 or more recipients, a copy must be given to each recipient. ‘(6) To the extent that the recipient complies with the notice but did not cause or permit the contamination incident to happen, the recipient may recover as a debt, from another person who caused or permitted the contamination incident to happen, the amount of loss or expense incurred by the recipient in complying with the notice. ‘(7) A reference in this section to taking actions includes achieving outcomes. Page 26 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] Example — A clean-up notice may state, as an action that must be taken, that the recipient must ensure contaminated water does not reach the aquifer. ‘363I Offence not to comply with clean-up notice ‘(1) The recipient of a clean-up notice must comply with the notice unless the recipient has a reasonable excuse. Maximum penalty—2000 penalty units. ‘(2) If the recipient is an individual and the notice includes a requirement to give information or produce a document, it is a reasonable excuse for the individual to fail to comply with the requirement if complying with the requirement might tend to incriminate the individual. ‘(3) In proceedings for an offence against subsection (1), it is a defence for the recipient to show— (a) that the recipient is not a prescribed person; or (b) that the relevant contamination incident was caused by a natural disaster; or (c) that— (i) the relevant contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or (d) if the recipient is a prescribed person mentioned in section 363G(c)(i), that it took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or (e) if the recipient is a prescribed person mentioned in section 363G(c)(ii), that— 2008 Act No. 52 Page 27

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (i) the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or (ii) the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation. ‘(4) In this section— first corporation see section 363G(c). lease includes a residential tenancy agreement under the Residential Tenancies Act 1994 . ‘363J Procedure if recipient is not the owner of land on which action is required ‘(1) This section applies if a clean-up notice requires the recipient to take action on land that the recipient does not own. ‘(2) The recipient, or person taking the action for the recipient (the contractor ), may enter the land to take the action only— (a) with the consent of the owner and occupier of the land; or (b) if the recipient or contractor has given at least 5 business days written notice to the owner and occupier. ‘(3) The notice under subsection (2)(b) must inform the owner and occupier of— (a) the intention to enter the land; and (b) the purpose of the entry; and (c) the days and times when the entry is to be made. ‘(4) In taking the action, the recipient or contractor must take all reasonable steps to ensure the recipient or contractor causes as little inconvenience, and does as little damage, as is practicable in the circumstances. ‘(5) Nothing in this section authorises the recipient or contractor to enter a building used for residential purposes. Page 28 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] ‘(6) If a person incurs loss or damage because of action taken by the recipient or contractor, the person is entitled to be paid by the recipient or contractor the reasonable compensation because of the loss or damage that is agreed between the recipient or contractor and the person or, failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed. ‘(7) The court may make an order about costs it considers just. ‘363K Taking action in place of recipient ‘(1) This section applies if— (a) the recipient of a clean-up notice fails to comply with it; or (b) the operation of the decision to issue a clean-up notice is stayed under section 535. ‘(2) An authorised person, or person acting under the direction of an authorised person (the contractor ), may take any of the actions stated in the clean-up notice. ‘(3) For subsection (2), the authorised person or contractor may enter land on which the actions are required to be taken— (a) with the consent of the owner and occupier of the land; or (b) if the authorised person or contractor has given at least 5 business days written notice, complying with section 363J(3), to the owner and occupier. ‘(4) If the authorised person or contractor enters land under subsection (3), section 363J(4) to (7) applies as if a reference in the provisions to the recipient or contractor were a reference to the authorised person or contractor. ‘(5) Subsections (3) and (4) do not limit another provision of this Act under which an authorised person may enter land. Note — See also sections 452 and 458 in relation to the power to enter a place to take the actions. 2008 Act No. 52 Page 29

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] ‘363L Obstruction of recipient complying with notice ‘(1) A person must not obstruct the recipient of a clean-up notice in the taking of action to comply with a clean-up notice, unless the person has a reasonable excuse. Maximum penalty—165 penalty units. ‘(2) In this section— recipient , of a clean-up notice, includes a person acting for the recipient of a clean-up notice. ‘Part 5C Cost recovery notices ‘363M Who are the prescribed persons for a contamination incident ‘For this part, each of the following persons is a prescribed person for a contamination incident— (a) a person causing or permitting, or who caused or permitted, the incident to happen; (b) a person who, at the time of the incident, is or was— (i) the occupier of a place at or from which the incident is happening or happened; or (ii) the owner, or person in control, of a contaminant involved in the incident; (c) if a cost recovery notice is issued to a corporation (the first corporation ) in relation to the incident and it fails to pay the amount claimed under the notice— (i) a parent corporation of the first corporation; and (ii) an executive officer of the first corporation. Page 30 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] ‘363N Administering authority may issue cost recovery notice ‘(1) The administering authority may issue a written notice (a cost recovery notice )— (a) to the recipient of a clean-up notice, if— (i) the recipient fails to comply with the clean-up notice; and (ii) an authorised person or contractor acts under section 363K; or (b) to the recipient of a clean-up notice, if— (i) the operation of the decision to issue a clean-up notice is stayed under section 535; and (ii) during the period of the stay, an authorised person or contractor acts under section 363K; and (iii) either— (A) the appeal ends without an appeal decision under section 539; or (B) the effect of the appeal decision under section 539 is to confirm the decision to issue the clean-up notice to the extent the notice required the recipient to take the action that was ultimately taken by the authorised person or contractor under section 363K; or (c) to a person whom the administering authority reasonably believes to be a prescribed person for a contamination incident, if an authorised person, or person authorised under section 467(2)(b), acts under section 467 in relation to environmental harm caused or likely to be caused by the incident. ‘(2) A cost recovery notice may claim a stated amount for costs or expenses reasonably incurred in— (a) for a notice issued under subsection (1)(a) or (b)— 2008 Act No. 52 Page 31

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (i) taking an action stated in the clean-up notice; or (ii) monitoring compliance by the recipient with the clean-up notice; or (b) for a notice issued under subsection (1)(c)—taking the action under section 467. ‘(3) A cost recovery notice must state the following matters— (a) the name of the recipient; (b) a description of the contamination incident; (c) the place at or from which the administering authority is satisfied the incident happened; (d) the amount claimed; (e) a description of costs and expenses giving rise to the claimed amount; (f) that, if the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt; (g) the name, address and contact details of the administering authority; (h) the review or appeal details. ‘(4) Subject to subsection (5), if the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt. ‘(5) The amount is not payable— (a) if the recipient is not a prescribed person; or (b) if the contamination incident was caused by a natural disaster; or (c) if— (i) the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and Page 32 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 28] (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or (d) for a recipient who is a prescribed person mentioned in section 363M(c)(i), if the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or (e) for a recipient who is a prescribed person mentioned in section 363M(c)(ii), if— (i) the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or (ii) the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation. ‘(6) To the extent that the recipient pays an amount in compliance with the notice but did not cause or permit the contamination incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the contamination incident to happen. ‘(7) A reference in this section to an authorised person acting includes a person acting under the direction of an authorised person. ‘(8) In this section— costs and expenses includes labour, equipment and administrative costs and expenses. first corporation see section 363M(c). 2008 Act No. 52 Page 33

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 29] ‘363O Several recipients of a cost recovery notice ‘If a cost recovery notice is issued to 2 or more recipients— (a) a copy of the notice must be given to each recipient; and (b) the amount claimed in the notice is payable by the recipients jointly and severally.’, 29 Amendment of s 364 (When financial assurance may be required) Section 364(1A) and (2)(c), ‘level 1, chapter 4 activity’— omit, insert— ‘chapter 4 activity prescribed under a regulation for this section’. 30 Replacement of s 369 (Restrictions on performing waste management works) Section 369— omit, insert— ‘369 Restrictions on performing waste management works ‘A person must not, for fee or reward, perform waste management works in a local government’s area unless— (a) the works are performed by or for the local government; or (b) the person holds, or is acting under— (i) an approval, under section 369A, from the local government to perform the works; or (ii) a development approval; or (c) the person is acting under a code of environmental compliance; or (d) the works are an environmentally relevant activity other than waste transport. Maximum penalty— 250 penalty units.’. Page 34 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 31] 31 Insertion of new s 369C After section 369B— insert— ‘369C Offence of contravening approval ‘A person must not contravene a condition of an approval under section 369A. Maximum penalty— 250 penalty units.’. 32 Amendment of s 380 (Procedure to be followed if recipient is not owner) Section 380(5), ‘structure, or part of a structure,’— omit, insert— ‘building’. 33 Amendment of s 394 (Procedure to be followed if recipient is not owner) Section 394(5), ‘structure, or part of a structure,’— omit, insert— ‘building’. 34 Amendment of s 409 (Procedure to be followed if recipient is not owner) Section 409(5), ‘structure, or part of a structure,’— omit, insert— ‘building’. 35 Replacement of s 426 (Environmental authority required for mining or petroleum activity) Section 426— omit, insert— 2008 Act No. 52 Page 35

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 36] ‘426 Environmental authority required for mining activity ‘A person must not carry out a mining activity unless the person holds, or is acting under, an environmental authority (mining activities) for the activity. Maximum penalty— (a) for a mining activity that is part of a level 1 mining project—400 penalty units; or (b) for a mining activity that is part of a level 2 mining project—165 penalty units. ‘426A Environmental authority required for petroleum activity ‘A person must not carry out a petroleum activity unless the person holds, or is acting under, an environmental authority (petroleum activities) for the activity. Maximum penalty— (a) for a level 1 petroleum activity—400 penalty units; or (b) for a level 2 petroleum activity—165 penalty units.’. 36 Amendment of s 427 (Only registered operators may carry out chapter 4 activities) (1) Section 427(1), ‘level 1’— omit. (2) Section 427(2)— omit. (3) Section 427(3)— renumber as section 427(2) . 37 Omission of s 436 (Unlawful environmental harm) Section 436— omit. Page 36 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 38] 38 Amendment of s 437 (Offences of causing serious environmental harm) Section 437(3)— insert— ‘Note — See section 493A (When environmental harm or related acts are unlawful).’. 39 Amendment of s 438 (Offences of causing material environmental harm) Section 438(3)— insert— ‘Note — See section 493A (When environmental harm or related acts are unlawful).’. 40 Amendment of s 440 (Offence of causing environmental nuisance) (1) Section 440(2), penalty— omit, insert— ‘Maximum penalty—300 penalty units.’. (2) Section 440(3)— insert— ‘Note — See section 493A (When environmental harm or related acts are unlawful).’. (3) Section 440(3)— renumber as section 440(4). (4) Section 440— insert— 2008 Act No. 52 Page 37

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘(3) This section does not apply to an environmental nuisance mentioned in schedule 1, part 1.’. 41 Insertion of new ch 8, pts 3B to 3F Chapter 8— insert— ‘Part 3B Offences relating to noise standards ‘Division 1 Preliminary ‘440K Definitions for pt 3B ‘In this part— affected building , for noise— (a) means a building at which the noise can be heard; and (b) if the noise is made from a building, includes that building. at , a place or premises, includes in or on the place or premises. audible noise see section 440L. background level means the background A-weighted sound pressure level under the prescribed standard measured as L A90, T . building work means any of the following— (a) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building; (b) providing airconditioning, drainage, heating, lighting, sewerage, ventilation or water supply for a building; (c) excavating or filling— Page 38 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] (i) for, or that is incidental to, an activity mentioned in paragraph (a) or (b); or (ii) that may adversely affect the stability of a building, whether the excavating or filling is happening on the land on which the building is situated or on adjoining land; (d) supporting (whether vertically or laterally) land for an activity mentioned in paragraph (a) or (b); (e) installing or removing scaffolding. educational institution means— (a) a State educational institution under the Education(General Provisions) Act 2006 ; or (b) a school that is provisionally accredited, or accredited, under the Education(AccreditationofNon-StateSchools) Act 2001 ; or (c) a TAFE institute or statutory TAFE institute under the VocationalEducation,TrainingandEmploymentAct2000 ; or (d) a university. indoor venue means a building used for musical, sporting or other entertainment or for cultural or religious activities, but does not include— (a) licensed premises; or (b) a building being used for an open-air event. Examples of uses of a building for definition indoor venue — 10 pin bowling, concerts, indoor cricket, religious worship, squash L A90, T means the A-weighted sound pressure level obtained using time weighting ‘F’ that is exceeded for 90% of the measuring period (T). licensed premises means licensed premises under the LiquorAct 1992 . 2008 Act No. 52 Page 39

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] noise standard means a local law or section in division 3 that applies as a noise standard under section 440O(3) or 440P. nominated section see section 440O(2)(b). open-air event means an open-air competition, concert, display, race or other activity. peak particle velocity means the maximum instantaneous particle velocity at a point during a given time interval measured in millimetres per second. Notes — 1 Peak particle velocity is a measure of ground vibration magnitude. 2 Peak particle velocity may be taken as the vector sum of the 3 component particle velocities in mutually perpendicular directions. power boat means a power-driven watercraft and includes a jet ski or other power-driven personal watercraft. Z Peak means the peak time-weighting characteristic of a sound level meter specified in the prescribed standard set to the linear Z frequency rating. Z Peak Hold means the peak time-weighting characteristic of a sound level meter specified in the prescribed standard set to the linear Z frequency rating and fitted with a hold feature. ‘440L Meaning of audible noise ‘(1) Audible noise means noise that can be clearly heard by an individual who is an occupier of a building. ‘(2) For subsection (1), an individual is taken to be able to clearly hear a noise if he or she can hear the noise from the part of the building occupied by the individual that is most exposed to the noise. ‘440M Reference to making a noise ‘A reference in this part to making a noise includes causing a noise to be made. Page 40 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘440N Noise levels measured at an affected building A reference in this part to a noise of a level that is a stated number of decibels, or a stated number of decibels above the background level, is a reference to a noise of that level when measured at an affected building. ‘Division 2 Application of noise standards ‘440O Local law may prescribe noise standards ‘(1) This section applies in relation to a local government area if the local government for the local government area is the administering authority for this part. ‘(2) A provision of a local law made by the local government under the Local Government Act 1993 may prescribe a noise standard by— (a) prohibiting the making of a stated noise (for example, by reference to the activity making the noise and the time at which the noise is made); and (b) stating a section in division 3 (the nominated section ) for which the local law provision is prescribing a noise standard. ‘(3) If a provision of a local law is in force for which a section in division 3 is the nominated section, the local law provision applies as a noise standard. ‘440P Default noise standards under div 3 ‘A section in division 3 applies as a noise standard in relation to a local government area if and only if— (a) the local government for the local government area is not the administering authority for this part; or (b) the local government for the local government area is the administering authority for this part but there is no 2008 Act No. 52 Page 41

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] provision of a local law in force for which the section is the nominated section. ‘440Q Offence of contravening a noise standard ‘(1) A person must not unlawfully contravene a noise standard. Maximum penalty—300 penalty units. Note — See section 493A (When environmental harm or related acts are unlawful). ‘(2) A person does not contravene a noise standard by causing an environmental nuisance mentioned in schedule 1, part 1. ‘Division 3 Default noise standards ‘440R Building work ‘(1) A person must not carry out building work in a way that makes an audible noise— (a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or (b) on any other day, at any time. ‘(2) The reference in subsection (1) to a person carrying out building work— (a) includes a person carrying out building work under an owner-builder permit; and (b) otherwise does not include a person carrying out building work at premises used by the person only for residential purposes. ‘440S Regulated devices ‘(1) This section applies to— Page 42 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] (a) a person carrying out an activity other than building work; and (b) a person carrying out building work, at premises used by the person only for residential purposes, other than under an owner-builder permit. ‘(2) A person must not operate a regulated device in a way that makes an audible noise— (a) on a business day or Saturday, before 7.00a.m. or after 7.00p.m; or (b) on any other day, before 8.00a.m. or after 7.00p.m. ‘(3) Subsection (2) does not apply to a person operating a grass-cutter or leaf-blower at a place that is a State-controlled road or a railway under an authority from the occupier of the place. ‘(4) Subsection (2)(a) does not apply to a person operating a regulated device at a manual arts facility at an educational institution between 7.00p.m. and 10.00 p.m. ‘(5) In this section— grass-cutter means an electrical or mechanical device a function of which is to cut grass. Examples — brush cutter, edge cutter, lawnmower, ride-on mower, string trimmer leaf-blower means an electrical or mechanical device a function of which is to blow leaves. regulated device means any of the following— (a) a compressor; (b) a ducted vacuuming system; (c) a generator; (d) a grass-cutter; (e) an impacting tool; (f) a leaf-blower; 2008 Act No. 52 Page 43

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] (g) a mulcher; (h) an oxyacetylene burner; (i) an electrical, mechanical or pneumatic power tool. Examples of a power tool — chainsaw, drill, electric grinder or sander, electric welder, nail gun ‘440T Pumps ‘(1) This section applies to premises at or for which there is a pump. ‘(2) An occupier of the premises must not use, or permit the use of, the pump on any day— (a) before 7a.m, if it makes an audible noise; or (b) from 7a.m. to 7p.m, if it makes a noise of more than 5dB(A) above the background level; or (c) from 7p.m. to 10p.m, if it makes a noise of more than 3dB(A) above the background level; or (d) after 10p.m, if it makes an audible noise. ‘(3) Subsection (2)(a), (c) and (d) do not apply to a noise made at an educational institution, that is not more than 5dB(A) above the background level. ‘(4) In this section— pump — (a) means an electrical, mechanical or pneumatic pump; and Examples — liquid pump, air pump, heat pump (b) includes a swimming pool pump and a spa blower. Page 44 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘440U Airconditioning equipment ‘(1) This section applies to premises at or for which there is airconditioning equipment. ‘(2) An occupier of the premises must not use, or permit the use of, the equipment on any day— (a) before 7a.m, if it makes a noise of more than 3dB(A) above the background level; or (b) from 7a.m. to 10p.m, if it makes a noise of more than 5dB(A) above the background level; or (c) after 10p.m, if it makes a noise of more than 3dB(A) above the background level. ‘440V Refrigeration equipment ‘(1) This section applies to a person who is— (a) an occupier of premises at or for which there is plant or equipment for refrigeration ( refrigeration equipment ); or (b) an owner of refrigeration equipment that is on or in a vehicle, other than a vehicle used or to be used on a railway. ‘(2) The person must not use, or permit the use of, the refrigeration equipment on any day— (a) before 7a.m, if it makes a noise of more than 3dB(A) above the background level; or (b) from 7a.m. to 10p.m, if it makes a noise of more than 5dB(A) above the background level; or (c) after 10p.m, if it makes a noise of more than 3dB(A) above the background level. ‘(3) In this section— vehicle includes a trailer. 2008 Act No. 52 Page 45

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘440W Indoor venues ‘(1) An occupier of a building must not use, or permit the use of, the building as an indoor venue on any day— (a) before 7a.m, if the use makes an audible noise; or (b) from 7a.m. to 10p.m, if the use makes a noise of more than 5dB(A) above the background level; or (c) from 10p.m. to midnight, if the use makes a noise of more than 3dB(A) above the background level. ‘(2) However, subsection (1)(b) does not apply if— (a) the building is, or is part of, an educational institution; and (b) the use of the building as an indoor venue is organised by or for the educational institution for non-commercial purposes of the institution. ‘440X Open-air events ‘(1) An occupier of premises must not use, or permit the use of, the premises for an open-air event on any day— (a) before 7a.m, if the use causes audible noise; or (b) from 7a.m. to 10p.m, if the use causes noise of more than 70dB(A); or (c) from 10p.m. to midnight, if the use causes noise of more than the lesser of the following— (i) 50dB(A); (ii) 10dB(A) above the background level. ‘(2) However, subsection (1) does not apply to licensed premises. ‘(3) Also, subsection (1)(b) does not apply if— (a) the premises is, or is part of, an educational institution; and Page 46 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] (b) the use of the premises for an open-air event is organised by or for the educational institution for non-commercial purposes of the institution. ‘440Y Amplifier devices other than at indoor venue or open-air event ‘(1) This section applies to a person who operates an amplifier device other than at an indoor venue or open-air event. ‘(2) The person must not operate the device in a way that makes audible noise— (a) on a business day, before 7a.m. or after 10p.m; or (b) on any other day, before 8a.m. or after 6p.m. ‘(3) At a time when the person may operate the device under subsection (2), the person must not operate the device in a way that makes noise of more than 10dB(A) above the background level. ‘(4) However, subsection (3) does not apply if the person is operating the device at an educational institution. ‘(5) In this section— amplifier device means any of the following— (a) a loudhailer; (b) a megaphone; (c) a public address system, other than for a railway; (d) a remote telephone bell; (e) a telephone repeater bell. ‘440Z Power boat sports in waterway ‘(1) A person must not use a power boat, or permit the use of a power boat, in a waterway for a power boat sport if the use makes audible noise for the same affected building for more than a continuous period of 2 minutes— 2008 Act No. 52 Page 47

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] (a) on a business day or Saturday, before 7a.m. or after 7p.m; or (b) on any other day, before 8a.m. or after 6.30p.m. ‘(2) In this section— power boat sport means— (a) a sport in which a person is towed by a line attached to a power boat, including, for example, a person water skiing or riding on a toboggan or tube; or (b) operating a jet ski or other power-driven personal watercraft, other than for fishing. waterway means any of the following— (a) a creek, river, stream or watercourse; (b) an inlet of the sea into which a creek, river, stream or watercourse flows; (c) a dam or weir. ‘440ZA Operating power boat engine at premises ‘(1) A person must not operate, or permit the operation of, a power boat engine at premises in a way that makes audible noise— (a) on a business day or Saturday, before 7a.m. or after 7p.m; or (b) on any other day, before 8a.m. or after 6.30p.m. ‘(2) In this section— operate , a power boat engine, includes flushing the engine. ‘440ZB Blasting ‘A person must not conduct blasting if— (a) the airblast overpressure is more than 115dB Z Peak for 4 out of any 5 consecutive blasts; or Page 48 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] (b) the airblast overpressure is more than 120dB Z Peak for any blast; or (c) the ground vibration is— (i) for vibrations of more than 35Hz—more than 25mm a second ground vibration, peak particle velocity; or (ii) for vibrations of no more than 35Hz—more than 10mm a second ground vibration, peak particle velocity. ‘440ZC Outdoor shooting ranges ‘(1) A person must not operate, or permit the operation of, an outdoor shooting range, between 6a.m. and 6p.m. on any day, if the noise from the operation is more than— (a) for a range that is normally used at least 5 days a week—95dB Z Peak Hold; or (b) for a range that is normally used 4 days a week—100dB Z Peak Hold; or (c) for a range that is normally used no more than 3 days a week—105dB Z Peak Hold. ‘(2) A person must not operate, or permit the operation of, an outdoor shooting range, between 6p.m. and 10p.m. on any day, if the noise from the operation is more than— (a) for a range that is normally used at least 5 evenings a week—85dB Z Peak Hold; or (b) for a range that is normally used 4 evenings a week—90dB Z Peak Hold; or (c) for a range that is normally used no more than 3 evenings a week—95dB Z Peak Hold. ‘(3) For this section, noise from an outdoor shooting range is measured by working out the arithmetic average of the noise levels of whichever of the following happens first during the measurement period— 2008 Act No. 52 Page 49

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] (a) at least 40 individual gunshots; (b) at least 20 individual gunshots in any 30 minute period. ‘(4) In this section— used means used for an activity that includes shooting. Examples of a range being used — 1 a shooting match conducted at the range 2 a defence personnel or police officer training session, that includes shooting, conducted at the range ‘Part 3C Offences relating to water contamination ‘440ZD Definitions for pt 3C ‘In this part— deposits see section 440ZE. earth means sand, soil, silt or mud. prescribed water contaminant means— (a) earth; or (b) a contaminant prescribed under section 440ZF. stormwater drainage means a drain, channel, pipe, chamber, structure, outfall or other work used to receive, store, transport or treat stormwater. ‘440ZE Meaning of deposits for pt 3C ‘(1) A person deposits a contaminant in waters or at another place if the person— (a) drops, places or throws the contaminant in the waters or onto the place; or (b) releases the contaminant, or otherwise causes it to move, into the waters or onto the place. Page 50 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘(2) A person deposits a contaminant at a place if— (a) the person is an occupier of the place or the contaminant is under the person’s control; and (b) someone deposits the contaminant at the place in a way mentioned in subsection (1); and (c) the person does not remove the contaminant from the place within a reasonable time after becoming aware that the contaminant has been deposited at the place. ‘(3) A person deposits earth at a place if the person carries on earthworks or another activity that exposes the earth at the place. ‘(4) A person deposits earth at a place if— (a) the person is an occupier of the place; and (b) someone deposits the earth at the place in a way mentioned in subsection (3); and (c) the person does not stop the earth being exposed at the place within a reasonable time after becoming aware that the earth has been exposed at the place. ‘(5) A reference in subsections (2) to (4) to a place does not include waters. ‘(6) For subsections (1) to (4), none of the subsections limits any of the other subsections. ‘440ZF Prescribed water contaminants ‘(1) A regulation may prescribe a contaminant for this part. ‘(2) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied the contaminant is likely to cause environmental harm if it enters waters. 2008 Act No. 52 Page 51

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘440ZG Depositing prescribed water contaminants in waters and related matters ‘A person must not— (a) unlawfully deposit a prescribed water contaminant— (i) in waters; or (ii) in a roadside gutter or stormwater drainage; or (iii) at another place, and in a way, so that the contaminant could reasonably be expected to wash, blow, fall or otherwise move into waters, a roadside gutter or stormwater drainage; or Example of a place for subparagraph (iii) — a building site where soil may be washed into an adjacent roadside gutter (b) unlawfully release stormwater run-off into waters, a roadside gutter or stormwater drainage that results in the build-up of earth in waters, a roadside gutter or stormwater drainage. Maximum penalty— (a) if the deposit or release is done wilfully—835 penalty units; or (b) otherwise—300 penalty units. Note — See section 493A (When environmental harm or related acts are unlawful). ‘Part 3D Offences relating to releases from boats into non-coastal waters ‘440ZH Definitions for pt 3D ‘In this part— Page 52 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] coastal waters means the coastal waters of the State, and includes other waters within the limits of the State that are subject to the ebb and flow of the tide. harmful substance has the meaning given by MARPOL. MARPOL see the TransportOperations(MarinePollution)Act 1995 , section 6. non-coastal waters means waters other than coastal waters. noxious liquid substance has the meaning given by MARPOL. oil has the meaning given by MARPOL and includes an oily mixture. sewage has the meaning given by Annex IV to MARPOL and includes human faecal wastes. ‘440ZI Release of certain substances from boats into non-coastal waters ‘(1) A person must not release oil, a noxious liquid substance or a harmful substance from a boat into non-coastal waters. Maximum penalty— (a) if the release is done wilfully—835 penalty units; or (b) otherwise—300 penalty units. ‘(2) It is a defence for a person charged with an offence against subsection (1) to prove— (a) the release was necessary to secure the safety of the boat or to save someone’s life; or (b) the release resulted from damage, other than wilful damage, to the boat or its equipment and all reasonable precautions were taken, after the damage happened or the release was discovered, to prevent or minimise the release. 2008 Act No. 52 Page 53

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘440ZJ Release of sewage from boats into non-coastal waters ‘(1) A person must not release sewage into non-coastal waters from a boat that has a sewage holding tank or is required by law to be fitted with a sewage holding tank. Maximum penalty— (a) if the release is done wilfully—835 penalty units; or (b) otherwise—300 penalty units. ‘(2) A person must not release sewage from a boat into non-coastal waters at a place for mooring, docking or berthing boats. Maximum penalty— (a) if the release is done wilfully—835 penalty units; or (b) otherwise—300 penalty units. ‘(3) It is a defence for a person charged with an offence against subsection (1) or (2) to prove— (a) the release was necessary to secure the safety of the boat or to save someone’s life; or (b) the release resulted from damage, other than wilful damage, to the boat or its equipment and all reasonable precautions were taken, after the damage happened or the release was discovered, to prevent or minimise the release. ‘440ZK Depositing rubbish from boats into non-coastal waters ‘(1) A person must not deposit rubbish from a boat into non-coastal waters. Maximum penalty— (a) if the deposit is done wilfully—835 penalty units; or (b) otherwise—300 penalty units. Page 54 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 41] ‘(2) It is a defence for a person charged with an offence against subsection (1) to prove— (a) the deposit was made to secure the safety of the boat and persons on board the boat or to save someone’s life; or (b) the deposit resulted from damage to the boat or its equipment and all reasonable precautions were taken, before and after the damage happened, to prevent or minimise the deposit; or (c) if the rubbish is synthetic fishing net or synthetic material used in the repair of a synthetic fishing net— (i) the deposit was the accidental loss of the net or material; and (ii) all reasonable precautions were taken to prevent the loss; and (iii) all reasonable attempts were made to recover the net or material. ‘Part 3E Offences relating to air contamination ‘440ZL Sale of solid fuel-burning equipment for use in residential premises and related matters ‘(1) A person must not sell solid fuel-burning equipment for use in residential premises unless— (a) a certificate (a certificate of compliance ) has been issued by an accredited entity for the equipment stating— (i) the entity has tested equipment that is the same as the equipment mentioned in the certificate under the test procedures set out in the prescribed standard; and 2008 Act No. 52 Page 55

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 3 Amendment of Dangerous Goods Safety Management Act 2001 [s 71] Part 3 Amendment of Dangerous Goods Safety Management Act 2001 71 Act amended in pt 3 This part amends the DangerousGoodsSafetyManagementAct 2001 . 72 Amendment of s 107 (Recovery of costs of government action) (1) Section 107(3) and (4)— omit, insert— ‘(3) For recovering the costs, the State or a local government must act under section 107A and the right to recover the costs is subject to section 107A(4). ‘(4) The costs are recoverable jointly and severally from the following (each a prescribed person )— (a) a person who caused or permitted the dangerous situation; (b) a person who, at the time the dangerous situation existed, was— (i) an occupier of the place where the dangerous situation existed; or (ii) a person who owned, or was in control of, the hazardous materials involved in the dangerous situation; (c) if a cost recovery notice is issued to a corporation (the first corporation ) in relation to a dangerous situation and it fails to pay the amount claimed under the notice— (i) a parent corporation of the first corporation; or (ii) an executive officer of the first corporation.’. 2008 Act No. 52 Page 87

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 3 Amendment of Dangerous Goods Safety Management Act 2001 [s 73] (2) Section 107— insert— ‘(6) In this section— costs includes labour, equipment and administrative costs and expenses.’. 73 Insertion of new ss 107A and 107B Part 6, division 4— insert— ‘107A Cost recovery notice ‘(1) If the State or a local government (the claimant ) may recover costs under section 107, it may issue a notice (a cost recovery notice ) to a person the claimant reasonably believes to be a prescribed person claiming a stated amount for the costs. ‘(2) The notice must state the following— (a) the name of the person to whom the notice is issued; (b) a description of the dangerous situation to which the notice relates; (c) the place where the dangerous situation existed; (d) the amount claimed; (e) a description of costs giving rise to the claimed amount; (f) that if the person does not pay the amount to the claimant within 30 days after the day the notice is issued, the claimant may claim the amount from the person as a debt; (g) the name, address and contact details of the claimant; (h) that the person may appeal against the decision to issue the notice; (i) how the person may appeal. ‘(3) Subject to subsection (4), if the person does not pay the amount to the claimant within 30 days after the day the notice Page 88 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 3 Amendment of Dangerous Goods Safety Management Act 2001 [s 73] is issued, the claimant may claim the amount from the person as a debt. ‘(4) The amount is not payable— (a) if the person to whom the cost recovery notice was issued (the recipient ) is not a prescribed person; or (b) if the dangerous situation was caused by a natural disaster; or (c) if— (i) the dangerous situation was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the dangerous situation, having regard to all the circumstances including the nature of the recipient’s connection with the situation; or (d) for a recipient who is a prescribed person mentioned in section 107(4)(c)(i), if the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or (e) for a recipient who is a prescribed person mentioned in section 107(4)(c)(ii), if— (i) the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or (ii) the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation. ‘(5) To the extent that the recipient pays an amount in compliance with the cost recovery notice but did not cause or permit the dangerous situation to happen, the recipient may recover the amount as a debt from another person who caused or permitted the dangerous situation to happen. 2008 Act No. 52 Page 89

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 3 Amendment of Dangerous Goods Safety Management Act 2001 [s 74] ‘(6) In this section— first corporation see section 107(4)(c). ‘107B Cost recovery notice issued to several persons ‘If a cost recovery notice is issued to 2 or more persons— (a) a copy of the notice must be given to each person; and (b) the amount claimed in the notice is payable by the persons jointly and severally.’. 74 Insertion of new pt 9, div 1A After section 154— insert— ‘Division 1A Appeals against decision to issue cost recovery notice ‘154A Who may appeal ‘A person issued a cost recovery notice under section 107A may appeal against the decision to issue the notice. ‘154B Court to which appeal may be made ‘An appeal under this division may be made to the Magistrates Court nearest the place where the dangerous situation, to which the cost recovery notice applies, existed. ‘154C Application of ss 150–154 to an appeal under this division ‘(1) Sections 150 to 154 apply to an appeal under this division. ‘(2) In applying sections 150 to 154 in relation to a cost recovery notice issued by a local government, a reference to the chief executive is to be read as a reference to the local government’s chief executive officer.’. Page 90 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 3 Amendment of Dangerous Goods Safety Management Act 2001 [s 75] 75 Insertion of new pt 13 After part 12— insert— ‘Part 13 Transitional provision for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 ‘189 Proceedings started before commencement of this section ‘(1) This section applies if, before the commencement, the State or a local government started court proceedings to recover an amount of costs under section 107 of the pre-amended Act. ‘(2) The State or local government may continue to recover the amount under that section and for that purpose the pre-amended Act continues to apply. ‘(3) In this section— pre-amended Act means this Act as in force immediately before the commencement of this section.’. 76 Amendment of sch 2 (Dictionary) Schedule 2— insert— ‘ claimant , for part 6, division 4, see section 107A(1). cost recovery notice see section 107A(1). costs , for part 6, division 4, see section 107(6). natural disaster does not include an event that can be prevented by human action. 2008 Act No. 52 Page 91

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 4 Amendment of Environmental Protection and Other Legislation Amendment Act 2007 [s 77] parent corporation , of another corporation, means a corporation of which the other corporation is a subsidiary under the Corporations Act. prescribed person , for part 6, division 4, see section 107(4).’. Part 4 Amendment of Environmental Protection and Other Legislation Amendment Act 2007 77 Act amended in pt 4 This part amends the EnvironmentalProtectionandOtherLegislation Amendment Act 2007 . 78 Amendment of s 26 (Amendment of s 514 (Devolution of powers)) Section 26(2)— omit. Editor’s note — The legislation ultimately amended is the Environmental Protection Act1994. Part 5 Amendment of Integrated Planning Act 1997 79 Act amended in pt 5 This part amends the Integrated Planning Act 1997 . Page 92 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 5 Amendment of Integrated Planning Act 1997 [s 80] 80 Amendment of s 1.3.5 (Definitions for terms used in development ) Section 1.3.5(1), definition material change of use — insert— ‘(d) the continuation, on the premises, of an environmentally relevant activity carried out under an approval mentioned in the EnvironmentalProtectionAct1994 , section 624(1)(b); or (e) the continuation of an activity on the premises, after the activity becomes an environmentally relevant activity, if— (i) there is no development approval for the activity; and (ii) the activity was, at any time before it became an environmentally relevant activity, lawfully carried out on the premises while there was no development approval for the activity.’. 81 Amendment of s 4.1.28A (Additional and extended appeal rights for submitters for particular development applications) Section 4.1.28A(3)(a), ‘environmentally relevant activity mentioned in the Environmental Protection Regulation 1998 , schedule 1, item 1’— omit, insert— ‘aquacultural ERA’. 82 Insertion of new ch 6, pt 9 Chapter 6— insert— 2008 Act No. 52 Page 93

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 5 Amendment of Integrated Planning Act 1997 [s 83] ‘Part 9 Transitional provisions for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 ‘6.9.1 Particular activities not a material change of use ‘Section 1.3.5(1), definition material change of use , paragraph (e) does not apply to an activity carried out as part of— (a) the project for the North-South Bypass Tunnel for which a development approval, held by the Brisbane City Council, was in force immediately before the commencement of this section; or (b) the project for the Airport Link Tunnel Project for which a development approval, held by BrisConnections, was in force immediately before the commencement of this section. ‘6.9.2 Deferment of application of s 4.3.1 to particular material changes of use ‘(1) Section 4.3.1 does not apply to the carrying out of a material change of use of premises mentioned in section 1.3.5, definition material change of use , paragraph (d), until 1 year after the commencement of that paragraph. ‘(2) Section 4.3.1 does not apply to the carrying out of a material change of use of premises mentioned in section 1.3.5, definition material change of use , paragraph (e), until 1 year after the day the activity becomes an environmentally relevant activity.’. 83 Amendment of sch 8 (Assessable development and self-assessable development) (1) Schedule 8, part 1, table 2, item 1(d), ‘the Environmental Protection Regulation 1998 ’— Page 94 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 5 Amendment of Integrated Planning Act 1997 [s 84] omit, insert— ‘a regulation under the Environmental Protection Act 1994 ’. (2) Schedule 8, part 1, table 5, items 3 and 4, ‘the Environmental Protection Regulation 1998 ’— omit, insert— ‘a regulation under the Environmental Protection Act 1994 ’. (3) Schedule 8, part 2, table 5, item 1, ‘the Environmental Protection Regulation 1998 ’— omit, insert— ‘a regulation under the Environmental Protection Act 1994 ’. 84 Amendment of sch 8A (Assessment manager for development applications) (1) Schedule 8A, table 4, item 3(a)— omit, insert— ‘(a) development for— (i) a dredging ERA; or (ii) an extraction ERA; or (iii) a combination of a dredging ERA and an extraction ERA; or (iv) a combination of a dredging ERA and a screening ERA; or (v) a combination of an extraction ERA and a screening ERA; or (vi) a combination of a dredging ERA, an extraction ERA and a screening ERA; and’. (2) Schedule 8A, table 4, item 6(b)(i)— omit, insert— ‘(i) development for an aquacultural ERA;’. 2008 Act No. 52 Page 95

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 5 Amendment of Integrated Planning Act 1997 [s 85] 85 Amendment of sch 9 (Development that is exempt from assessment against a planning scheme) Schedule 9, table 5, item 3, ‘section 75’— omit, insert— ‘section 77(1)’. 86 Amendment of sch 10 (Dictionary) (1) Schedule 10— insert— ‘ aquacultural ERA means an environmentally relevant activity, prescribed under a regulation for this definition, relating to aquaculture. dredging ERA means an environmentally relevant activity, prescribed under a regulation for this definition, relating to dredging material. environmental nuisance see the EnvironmentalProtectionAct 1994 , section 15. extraction ERA means an environmentally relevant activity, prescribed under a regulation for this definition, relating to extracting rock or other material. screening ERA means an environmentally relevant activity, prescribed under a regulation for this definition, relating to screening, washing, crushing, grinding, milling, sizing or separating material extracted from the earth or dredged.’. (2) Schedule 10, definitions hazardous contaminant , mobile and temporary environmentally relevant activity , notifiable activity , petroleum activity , site management plan and suitability statement , ‘schedule 3’— omit, insert— ‘schedule 4’. Page 96 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 6 Amendment of Nature Conservation Act 1992 [s 87] Part 6 Amendment of Nature Conservation Act 1992 87 Act amended in pt 6 This part amends the Nature Conservation Act 1992. 88 Amendment of s 33 (Amalgamation etc. of protected areas) Section 33(2)(b), after ‘with’— insert— ‘the same or’. 89 Amendment of s 36 (Authorities for new national park or national park (recovery)) (1) Section 36(3), ‘section 46’— omit, insert— ‘section 56’. (2) Section 36(6), definition allowable term , paragraph (a)(iv), ‘section 46’— omit, insert— ‘section 56’. 90 Amendment of s 46 (Declaration of protected area) (1) Section 46(5), ‘Subsection (4)’— omit, insert— ‘Subsection (5)’. (2) Section 46(3) to (6)— renumber as section 46(4) to (7). (3) Section 46— 2008 Act No. 52 Page 97

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 6 Amendment of Nature Conservation Act 1992 [s 91] insert— ‘(3) For subsection (2)(b), a reference in the regulation to the duration of the conservation agreement for the area is, if the agreement is terminated and replaced by another agreement under section 48, a reference to the duration of the other agreement.’. 91 Amendment of s 47 (Duration and termination of conservation agreements) (1) Section 47(1)(a), after ‘subsection (2)’— insert— ‘or by another agreement under section 48’. (2) Section 47(2), ‘A conservation agreement’— omit, insert— ‘Subject to section 48, a conservation agreement’. 92 Amendment of s 48 (Variation of conservation agreements) (1) Section 48, heading, after ‘Variation’— insert— ‘ or replacement ’. (2) Section 48, from ‘A conservation’ to ‘example—’— omit, insert— ‘(1) The State and the landholders bound by a conservation agreement for a protected area (the earlier agreement ) may enter into another conservation agreement for the area (the later agreement ) that varies, or terminates and replaces, the earlier agreement. ‘(2) The earlier agreement may be varied, for example—’. (3) Section 48— insert— Page 98 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 6 Amendment of Nature Conservation Act 1992 [s 93] ‘(3) Section 45(2) to (5) applies to the later agreement. ‘(4) However, section 45(2) does not apply in relation to a person whose rights will only be affected by the later agreement in the same way as by the earlier agreement.’. 93 Amendment of s 70B (Definitions for pt 4A) Section 70B— insert— ‘ SEQ horse riding trail network see section 70BA.’. 94 Insertion of new s 70BA After section 70B— insert— ‘70BA SEQ horse riding trail network ‘(1) The SEQ horse riding trail network is the network of horse riding trails in South East Queensland designated as ‘finalised horse trails’ on maps held by the department for this section. ‘(2) Copies of the maps may be inspected, free of charge, on the department’s website and, during office hours on business days, at the department’s head office. Editor’s note — The department’s website is < 95 Insertion of new ss 70JA and 70JB After section 70J— insert— ‘70JA Review of impact of horse riding trails ‘(1) The chief executive must review the areas within forest reserves that comprise horse riding trails in the SEQ horse riding trail network. ‘(2) In conducting the review, the chief executive must— 2008 Act No. 52 Page 99

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 6 Amendment of Nature Conservation Act 1992 [s 95] (a) have assessments conducted under section 70JB; and (b) consider how to address any significant adverse impacts identified by the assessments including, if appropriate, removing a trail from the SEQ horse riding trail network. ‘(3) The review must start as soon as practicable after the commencement of this section and must be completed for all areas by 31 December 2025. ‘70JB Assessment by independent scientific advisory committee ‘(1) This section applies to an assessment required under section 70JA(2)(a). ‘(2) The assessment must be of the impact, on horse riding trails and adjacent areas, of horse riding use. ‘(3) The assessment must be conducted by an advisory committee, established under section 132, comprising members who— (a) have expertise in relevant disciplines for the assessment; and Examples of disciplines that may be relevant — aquatic science, conservation biology, conservation management, environmental impact assessment, social science, soil science, statistical analysis, sustainable recreation, weed management (b) are independent of government or non-government entities that might reasonably be perceived to be particularly interested in decisions affecting horse riding in forest reserves. ‘(4) The assessment must be based on monitoring and evaluation conducted over a period long enough to assess the likely impacts of horse riding use. ‘(5) The assessment must take account of the cumulative impacts of horse riding and other activities conducted in the areas to which the assessment relates. Page 100 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 6 Amendment of Nature Conservation Act 1992 [s 96] ‘(6) To the extent the assessment relates to a particular horse riding trail, the assessment need not be based on measurement or monitoring of the trail, or of every part of the trail, but may be based on appropriate information obtained from measuring or monitoring, and evaluating, other trails or parts of the trail with relevant characteristics. ‘(7) In this section— adjacent areas , in relation to horse riding trails, means areas adjacent to the trails whether or not the areas are part of a forest reserve.’. 96 Amendment of s 70K (Designation) (1) Section 70K(1)(b)— renumber as section 70K(1)(c). (2) Section 70K(1)— insert— ‘(b) for a proposed protected area that includes a horse riding trail in the SEQ horse riding trail network, the chief executive has completed the review under section 70JA to the extent the review relates to the proposed protected area; and’. 97 Amendment of schedule (Dictionary) (1) Schedule, definition conservation agreement — omit. (2) Schedule— insert— ‘ conservation agreement means a conservation agreement under section 45 or 48. forest reserve see section 70B. SEQ horse riding trail network see section 70BA.’. 2008 Act No. 52 Page 101

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Part 7 Amendments of other Acts [s 98] Part 7 Amendments of other Acts 98 Other Acts amended Schedule 2 amends the Acts it mentions. Page 102 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Schedule 1 Schedule 1 Minor amendments of Environmental Protection Act1994 section 3 1 Section 7, ‘schedule 3’— omit, insert— ‘schedule 4’. 2 Section 129(2)(a), ‘division’— omit, insert— ‘part’. 3 Section 136(2)(b), ‘division’— omit, insert— ‘decision’. 4 Section 269A(2)(b), ‘a’— omit. 5 Section 440A, definition place , note, ‘schedule 3’— omit, insert— ‘schedule 4’. 6 Section 460(6), from ‘Subsection’ to ‘does’— omit, insert— ‘Subsection (5) does’. 2008 Act No. 52 Page 103

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Schedule 1 7 Section 462(6), ‘subsection (4)’— omit, insert— ‘subsection (5)’. 8 Section 519(1), ‘schedule 1’— omit, insert— ‘schedule 2’. 9 Section 522(1)(a) and (b), ‘schedule 1’— omit, insert— ‘schedule 2’. 10 Section 523, ‘schedule 1’— omit, insert— ‘schedule 2’. 11 Section 584, definition special agreement Act , paragraphs (h), (i) and (k)— omit. 12 Section 584, definition special agreement Act , paragraphs (c) to (o)— renumber as paragraphs (b) to (k). 13 Amendment of s 616Q (Reference to State government agreement includes particular rights) Section 616Q(2), ‘schedule 3’— omit, insert— ‘schedule 4’. Page 104 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Schedule 1 14 Amendment of s 616U (Reference to State government agreement includes particular rights) Section 616U(2), ‘schedule 3’— omit, insert— ‘schedule 4’. 15 Amendment of sch 2 (Notifiable activities) Schedule 2, heading, ‘schedule 3, dictionary’— omit, insert— ‘schedule 4, dictionary’. 2008 Act No. 52 Page 105

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Schedule 2 Schedule 2 Consequential and minor amendments of other Acts section 98 Coastal Protection and Management Act 1995 1 Schedule, definition chapter 4 activity , ‘schedule 3’— omit, insert— ‘schedule 4’. 2 Schedule, definition environmental authority , ‘schedule 3’— omit, insert— ‘schedule 4’. Industrial Development Act 1963 1 Schedule, definition hazardous contaminant , ‘schedule 3’— omit, insert— ‘schedule 4’. Page 106 2008 Act No. 52

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Schedule 2 Mineral Resources Act 1989 1 Schedule, definition special agreement Act , paragraphs (g), (h) and (j)— omit. 2 Schedule, definition special agreement Act , paragraphs (i) to (n)— renumber as paragraphs (g) to (k). State Development and Public Works Organisation Act 1971 1 Section 54D(3), ‘and 436 to 440’— omit, insert— ‘, 437 to 440 and 493A’. 2 Section 54D(5)(b), ‘and 436 to 440’— omit, insert— ‘, 437 to 440 and 493A’. Water Act 2000 1 Section 1065AA(2), ‘section 130, 291’— omit, insert— ‘section 290A’. 2008 Act No. 52 Page 107

Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Schedule 2 2 Schedule 4, definition residential complex , ‘schedule 3’— omit, insert— ‘schedule 4’. Wild Rivers Act 2005 1 Schedule, definition special agreement Act , ‘section 614(2)’— omit, insert— ‘section 584’. © State of Queensland 2008 Page 108 2008 Act No. 52