Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 (Qld)

Queensland Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 76 made under the Environmental Protection Act 1994 Sustainable Planning Act 2009 Contents Part 1 1 Part 2 2 3 4 5 6 7 Part 3 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Environmental Protection Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 51 (Matters to be considered for environmental management decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 58 (Release of water or waste to particular wetlands for treatment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new ch 5, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 7 Wetlands 81A Environmental values for wetlands . . . . . . . . . . . . . . . 4 Amendment of sch 10 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 12 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Sustainable Planning Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment). . . . . . . . . . . . . . . . . . . . . 6 Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)). . . . . . 6

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Contents 11 Amendment of sch 6 (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Amendment of sch 7 (Referral agencies and their jurisdictions) . 7 13 Amendment of sch 17 (Development for which a notification period of at least 30 business days applies—areas) . . . . . . . . . . 9 14 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 9 Page 2 2010 SL No. 76

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 . Part 2 Amendment of Environmental Protection Regulation 2008 2 Regulation amended This part amends the EnvironmentalProtectionRegulation2008. 3 Amendment of s 51 (Matters to be considered for environmental management decisions) (1) Section 51(1)— insert — ‘(aa) environmental values declared under this regulation;’. (2) Section 51(1)(g), ‘the environmental values’— omit, insert— ‘environmental values’. 4 Amendment of s 58 (Release of water or waste to particular wetlands for treatment) Section 58(3), definitions biological integrity and wetland— omit. 2010 SL No. 76 Page 3

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Environmental Protection Regulation 2008 [s 5] 5 Insertion of new ch 5, pt 7 Chapter 5— insert— ‘Part 7 Wetlands ‘81A Environmental values for wetlands ‘For section 9(b) of the Act, the qualities of a wetland that support and maintain the following are environmental values— (a) the health and biodiversity of the wetland’s ecosystems; (b) the wetland’s natural state and biological integrity; (c) the presence of distinct or unique features, plants or animals and their habitats, including threatened wildlife, near threatened wildlife and rare wildlife under the Nature Conservation Act 1992 ; (d) the wetland’s natural hydrological cycle; (e) the natural interaction of the wetland with other ecosystems, including other wetlands.’. 6 Amendment of sch 10 (Fees) Schedule 10, part 1— insert— ‘1A application for assessment of a development application for operational work, reconfiguring a lot or a material change of use of premises in a Great Barrier Reef wetland protection area— (a) if the application is for development for non-urban purposes, and the work is carried out, or the lot or premises is— (i) more than 200m from a wetland . . . . . . 500.00 Page 4 2010 SL No. 76

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Environmental Protection Regulation 2008 [s 7] (ii) less than 200m from a wetland or in a wetland. . . . . . . . . . . . . . . . . . . . . . . . . . (b) if the application is for development for urban purposes . . . . . . . . . . . . . . . . . . . . . . . . 2 000.00 5 000.00’. 7 Amendment of sch 12 (Dictionary) Schedule 12, part 2— insert— ‘ biological integrity , of a wetland, means the wetland’s ability to support and maintain a balanced, integrative, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of the natural habitat in which the wetland is located. Great Barrier Reef wetland protection area means an area shown as a Great Barrier Reef wetland protection area on the ‘Map of referable wetlands’ of April 2010, a document approved by the chief executive. non-urban purposes means purposes other than urban purposes. urban purposes means purposes for which land is used in cities or towns, including residential, industrial, sporting, recreation and commercial purposes, but not including environmental, conservation, rural, natural or wilderness area purposes. wetland means an area shown as a wetland on the ‘Map of referable wetlands’ of April 2010, a document approved by the chief executive.’. 2010 SL No. 76 Page 5

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 8] Part 3 Amendment of Sustainable Planning Regulation 2009 8 Regulation amended This part amends the Sustainable Planning Regulation 2009. 9 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment) Schedule 3, part 1, table 4— insert— ‘For a Great Barrier Reef wetland protection area 10 Operational work that is high impact earthworks Code assessment, if in a Great Barrier Reef wetland protection area, the chief executive other than operational work— (environment) is the (a) for a domestic housing activity; or assessment manager’. (b) that is the natural and ordinary consequence of development involving— (i) a material change of use for which the chief executive (environment) was a concurrence agency under schedule 7, table 3, item 21A; or (ii) reconfiguring a lot for which the chief executive (environment) was a concurrence agency under schedule 7, table 2, item 43A. 10 Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)) Schedule 4, table 5, item 12, paragraph (b), second occurring— renumber as paragraph (c). Page 6 2010 SL No. 76

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 11] 11 Amendment of sch 6 (Assessment manager for development applications) (1) Schedule 6, table 3, after item 12— insert— ‘Development in Great Barrier Reef wetland protection area 13 If tables 1 and 2 do not apply and the application is for— Chief executive (a) assessable development under schedule 3, part 1, table 4, item 10; and administering the EnvironmentalProtection Act’. (b) no other assessable development (2) Schedule 6, table 4, item 1(a)— insert— ‘(v) assessable development under schedule 3, part 1, table 4, item 10; and’. 12 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7, table 2, item 43, column 1, paragraph (a), from ‘lot’ to ‘wetland’— omit, insert— ‘land is situated in a wetland management area’. (2) Schedule 7, table 2, item 43, column 1, paragraph (b), ‘10 lots’— omit, insert— ‘6 lots’. (3) Schedule 7, table 2, after item 43, under heading ‘Land in or near a wetland’— insert— 2010 SL No. 76 Page 7

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 12] ‘43A Reconfiguring a lot if— (a) any part of the land is situated in a Great Barrier Reef wetland protection area; and (b) the reconfiguration results in more than 6 lots, or any lot created is less than 5ha; and (c) the reconfiguration involves operational work that is high impact earthworks in a Great Barrier Reef wetland protection area, other than for a domestic housing activity 43B Operational work made assessable under schedule 3, part 1, table 4, item 10 if the chief executive (environment) is not the assessment manager The chief executive (environment)—as a concurrence agency The chief executive (environment)—as a concurrence agency The purposes of the EnvironmentalProtection Act The purposes of the EnvironmentalProtection Act’. (4) Schedule 7, table 3, item 21, column 1, from ‘lot’ to ‘wetland’— omit, insert— ‘land is situated in a wetland management area’. (5) Schedule 7, table 3, after item 21, under heading ‘Land in or near a wetland’— insert— ‘21A Material change of use, other than for a domestic housing activity, if— (a) any part of the land is situated in a Great Barrier Reef wetland protection area; and (b) the material change of use involves operational work that is high impact earthworks in a Great Barrier Reef wetland protection area The chief executive (environment)—as a concurrence agency The purposes of the EnvironmentalProtection Act’. Page 8 2010 SL No. 76

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 13] 13 Amendment of sch 17 (Development for which a notification period of at least 30 business days applies—areas) (1) Schedule 17, paragraph (c), ‘contains or shares a common boundary with or is’— omit, insert— ‘contain or share a common boundary with or are’. (2) Schedule 17, paragraph (c)(iv)— omit, insert— ‘(d) contain or share a common boundary with a wetland management area or a Great Barrier Reef wetland protection area.’. 14 Amendment of sch 26 (Dictionary) Schedule 26— insert— ‘ Great Barrier Reef wetland protection area means an area shown as a Great Barrier Reef wetland protection area on the ‘Map of referable wetlands’ of April 2010, a document approved by the chief executive (environment). high impact earthworks — 1 High impact earthworks means operational work that involves changing the form of land, or placing a structure on land, in a way that diverts water to or from a wetland. 2 However, high impact earthworks does not include operational work that is— (a) necessary to maintain infrastructure including any core airport infrastructure, buildings, dams, fences, helipads, roads, stockyards, vehicular tracks, watering facilities and constructed drains other than contour banks, other than to source construction material; or 2010 SL No. 76 Page 9

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 14] (b) carried out for a forest practice; or (c) excavating not more than 100m 3 of material, or using not more than 100m 3 of material as fill; or (d) excavating not more than 1000m 3 of material, or using not more than 1000m 3 of material as fill, if the excavating is more than 200m from the wetland in a Great Barrier Reef wetland protection area; or (e) excavating to establish underground infrastructure, other than infrastructure for drainage or stormwater flows, if the excavated land is to be restored, as far as practicable, to its original contours after the infrastructure is established; or (f) carried out to restore or conserve the ecological processes or hydrological functions of a Great Barrier Reef wetland protection area; or (g) carried out completely or partly in a declared fish habitat area or a wild river area, if the work is assessable development under schedule 3, part 1; or (h) the constructing or raising of waterway barrier works, if the work is self-assessable development under schedule 3, part 2; or (i) carried out for a transport purpose under the TransportInfrastructureAct or the TransportPlanningandCoordinationAct1994 before 29 April 2011; or (j) carried out under— (i) the ElectricityAct1994 , section 101 or 112A; or (ii) the FireandRescueServiceAct1990 , section 53, 68 or 69; or (iii) a geothermal exploration permit under the Geothermal Exploration Act 2004. Page 10 2010 SL No. 76

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 14] wetland management area means an area shown as a wetland management area on the ‘Map of referable wetlands’ of April 2010, a document approved by the chief executive (environment).’. ENDNOTES 1 Made by the Governor in Council on 29 April 2010. 2 Notified in the gazette on 30 April 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Environment and Resource Management. © State of Queensland 2010 2010 SL No. 76 Page 11