Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 (Qld)

Queensland Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 246 made under the Environmental Protection Act 1994 Sustainable Planning Act 2009 Contents Part 1 1 Part 2 2 3 4 5 6 Part 3 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Environmental Protection Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 58 (Release of water or waste to particular wetlands for treatment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Chapter 8A Miscellaneous 144D Limited amendment of Map of referable wetlands . . . 4 Amendment of sch 10 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 12 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Sustainable Planning Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment) . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 5 (Applicable codes, laws and policies for particular development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of sch 6 (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Contents 11 Amendment of sch 7 (Referral agencies and their jurisdictions) . 7 12 Amendment of sch 17 (Development for which a notification period of at least 30 business days applies—areas) . . . . . . . . . . 7 13 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 7 Page 2 2011 SL No. 246

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 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) 2011 . Part 2 Amendment of Environmental Protection Regulation 2008 2 Regulation amended This part amends the EnvironmentalProtectionRegulation2008 . 3 Amendment of s 58 (Release of water or waste to particular wetlands for treatment) (1) Section 58, heading, ‘particular’— omit . (2) Section 58(1), ‘referable wetland or a significant coastal wetland’— omit, insert— ‘wetland’. (3) Section 58(3)— omit. 4 Insertion of new ch 8A After section 144— insert — 2011 SL No. 246 Page 3

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Part 2 Amendment of Environmental Protection Regulation 2008 [s 5] ‘Chapter 8A Miscellaneous ‘144D Limited amendment of Map of referable wetlands ‘(1) The chief executive may amend the Map of referable wetlands only if the amendment— (a) is to remove all or part of an area shown as a wetland management area or wetland protection area; and (b) is made because— (i) more accurate information indicating the extent, or hydrological type, of the wetland has become available; or (ii) the chief executive considers the wetland is not of high ecological significance. ‘(2) If the chief executive amends the map under this section, the chief executive must— (a) fix a new edition number to the amended map; and (b) publish the amended map on the department’s website; and (c) notify all affected owners about the amendment and the reasons for the amendment; and (d) give all affected owners a copy of the amended map. ‘(3) In this section— affected owner , for an amendment, means an owner of land that is no longer included in an area shown as a wetland management area or wetland protection area on the Map of referable wetlands because of the amendment.’. 5 Amendment of sch 10 (Fees) Schedule 10, part 2, item 5, ‘Great Barrier Reef’— omit . Page 4 2011 SL No. 246

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 6] 6 Amendment of sch 12 (Dictionary) (1) Schedule 12, part 2, definitions Great Barrier Reef wetland protection area and wetland — omit . (2) Schedule 12— insert— ‘ Map of referable wetlands means the ‘Map of referable wetlands’, a document approved by the chief executive on 4 November 2011 and published by the department, as amended from time to time by the chief executive under section 144D. wetland means an area shown as a wetland on the Map of referable wetlands. wetland management area means an area shown as a wetland management area on the Map of referable wetlands. wetland protection area means an area shown as a wetland protection area on the Map of referable wetlands.’. Part 3 Amendment of Sustainable Planning Regulation 2009 7 Regulation amended This part amends the Sustainable Planning Regulation 2009 . 8 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment) (1) Schedule 3, part 1, table 4, item 10 and heading, ‘Great Barrier Reef’— omit . (2) Schedule 3, part 1, table 4, item 10, column 2’— 2011 SL No. 246 Page 5

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 9] insert— ‘(c) associated with government supported transport infrastructure or electricity infrastructure.’. (3) Schedule 3, part 2, table 4, after item 5— insert— ‘For wetland protection areas 6 Operational work that is high impact earth works carried out for government supported transport infrastructure in a wetland protection area. 7 Operational work that is high impact earth works carried out for electricity infrastructure in a wetland protection area.’. 9 Amendment of sch 5 (Applicable codes, laws and policies for particular development) Schedule 5, part 2, table 4, after item 5— insert— ‘High impact earthworks in a wetland protection area 6 High impact earthworks for The code under ‘State Planning Policy government supported transport 4/11 Protecting Wetlands of High infrastructure in a wetland protection Ecological Significance in Great Barrier area made self-assessable under Reef Catchments’, annex 2 schedule 3, part 2, table 4, item 6 7 High impact earthworks for electricity The code under ‘State Planning Policy infrastructure in a wetland protection 4/11 Protecting Wetlands of High area made self-assessable under Ecological Significance in Great Barrier schedule 3, part 2, table 4, item 7 Reef Catchments’, annex 2’. 10 Amendment of sch 6 (Assessment manager for development applications) Schedule 6, table 3, item 13, heading, ‘Great Barrier Reef’— omit . Page 6 2011 SL No. 246

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 11] 11 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7, table 2, item 43A, column 1, ‘Great Barrier Reef’— omit . (2) Schedule 7, table 3, item 21A, ‘for a domestic housing activity, if’— omit, insert — ‘a material change of use relating to a domestic housing activity, government supported transport infrastructure or electricity infrastructure, if’. (3) Schedule 7, table 3, item 21A, column 1, ‘Great Barrier Reef’— omit . 12 Amendment of sch 17 (Development for which a notification period of at least 30 business days applies—areas) Schedule 17, paragraph (d), ‘Great Barrier Reef’— omit . 13 Amendment of sch 26 (Dictionary) (1) Schedule 26, definitions Great Barrier Reef wetland protection area and wetland management area — omit. (2) Schedule 26— insert— ‘ electricity infrastructure means operating works under the Electricity Act 1994 , section 12(3). government supported transport infrastructure means transport infrastructure that— 2011 SL No. 246 Page 7

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 13] (a) is funded, wholly or partly, by appropriations from the consolidated fund; or (b) is funded, wholly or partly, by borrowings made by the Government (other than commercial borrowings made by the Queensland Treasury Corporation acting as an agent); or (c) is funded, wholly or partly, by borrowings guaranteed by the Government other than borrowings for commercial investments; or (d) is provided by a person on the basis of conditions agreed to by the Government that are intended to support the commercial viability of the infrastructure; or (e) is funded, wholly or partly, by the Commonwealth. wetland see the EnvironmentalProtectionRegulation2008 , schedule 12. wetland management area see the Environmental ProtectionRegulation 2008 , schedule 12. wetland protection area see the EnvironmentalProtectionRegulation 2008 , schedule 12.’. (3) Schedule 26, definition high impact earthworks , item 2, paragraphs (d) and (f), ‘Great Barrier Reef’— omit. (4) Schedule 26, definition high impact earthworks , item 2, paragraphs (i) and (j)— omit, insert— ‘(i) carried out under— (i) the Electricity Act 1994 , section 101 or 112A; or (ii) the Fire and Rescue Service Act 1990 , section 53, 68 or 69; or (iii) a geothermal exploration permit under the Geothermal Exploration Act 2004 ; or Page 8 2011 SL No. 246

Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 13] (j) the laser levelling of land if the work does not change the previously levelled contours or slope of the land; or (k) carried out for government supported transport infrastructure for which the funding and construction arrangements were approved by the State or Commonwealth before 31 October 2011; or (l) the maintenance of government supported transport infrastructure, including any of the following relating to the infrastructure— (i) rehabilitation; (ii) replacement; (iii) repair; (iv) recurrent servicing; (v) preventive and remedial action; (vi) removal; (vii) alteration; (viii) maintaining systems and services; or (m) carried out within a coastal management district; or (n) necessary to reinstate earthworks destroyed by floods or landslides; or (o) carried out in tidal water.’. ENDNOTES 1 Made by the Governor in Council on 24 November 2011. 2 Notified in the gazette on 25 November 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Environment and Resource Management. © State of Queensland 2011 2011 SL No. 246 Page 9