Environmental Protection Legislation Amendment and Repeal Regulation (No. 1) 2007 (Qld)

Queensland Environmental Protection Legislation Amendment and Repeal Regulation (No. 1) 2007 Subordinate Legislation 2007 No. 217 made under the Environmental Protection Act 1994 Pastoral Workers’ Accommodation Act 1980 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Environmental Protection Regulation 1998 Regulation amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . 4 Amendment of ss 38W and 38ZH . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 38X (Definitions for pt 3B) . . . . . . . . . . . . . . . . . 4 Amendment of s 38Y (General) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 38Z (Application of div 2) . . . . . . . . . . . . . . . . . 5 Amendment of s 38ZA (Action plans). . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 38ZC (Claiming exemption on ground of commercial confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 38ZD (Deciding claim for exemption on ground of commercial confidentiality) . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 38ZE (Authorised person may give notice to comply) ....................................... 7 Amendment of s 38ZG (Other operators). . . . . . . . . . . . . . . . . . . 7 Relocation and renumbering of pt 3B (Used packaging materials) ..................................... 7 Amendment of s 39 (Devolution of powers—environmentally relevant activities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

14 Part 3 15 16 17 2 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 Amendment of s 62 (Review of decisions and appeal) . . . . . . . . Amendment of Environmental Protection (WasteManagement) Regulation 2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2A Waste management in local government areas Division 1 Preliminary 10A References to local government. . . . . . . . . . . . . . . . . 10B Meaning of serviced premises . . . . . . . . . . . . . . . . . . Division 2 General waste Subdivision 1 Storage of general waste 10C Owner or occupier of premises to supply waste containers ............................ 10D Requirements for storing general waste in waste containers ............................ 10E General requirements for keeping waste containers at serviced premises . . . . . . . . . . . . . . . . . . . . . . . . . 10F Other requirements for storing general waste at particular serviced premises . . . . . . . . . . . . . . . . . . . Subdivision 2 Removal of general waste 10G Requirements for removal of general waste . . . . . . . . 10H Local government may give notice about removal of general waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10I Depositing or disposal of general waste from premises other than serviced premises . . . . . . . . . . . Division 3 Storage and treatment of industrial waste 10J Requirements for storing industrial waste . . . . . . . . . 10K Requirement to treat industrial waste for disposal . . . Division 4 Storage and disposal of nightsoil 10L Nightsoil to be stored in a sanitary convenience . . . . 10M Cesspits etc. not to be constructed or used at particular premises . . . . . . . . . . . . . . . . . . . . . . . . . . . 10N Requirements for placing, constructing or altering a prescribed sanitary convenience. . . . . . . . . . . . . . . 10O Disposal of nightsoil from premises not otherwise serviced ............................. Division 5 Compliance notices 10P Authorised person may give notice to comply . . . . . . Omission of s 11 (Definition for pt 3) . . . . . . . . . . . . . . . . . . . . . . 7 9 9 9 9 10 10 12 13 13 14 15 15 16 17 17 18 19 20 21

3 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 18 19 20 21 22 23 24 Part 4 25 Part 5 26 27 28 Schedule Renumbering of s 68A (Devolution—waste receival and disposal) Insertion of new s 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68A Devolution—waste management . . . . . . . . . . . . . . . . Amendment of s 68C (Review and appeal decisions) . . . . . . . . . Amendment of s 68D (Dissatisfied persons) . . . . . . . . . . . . . . . . Amendment of sch 8 (Design rules) . . . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8A Requirements for particular prescribed sanitary conveniences Part 1 Requirements for closets 1 General construction . . . . . . . . . . . . . . . . . . . . . . . . . 2 Foundations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Floors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Dimensions of closet compartment . . . . . . . . . . . . . . 5 Doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Internal painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Requirements for pan cabinets 7 Internal measurements. . . . . . . . . . . . . . . . . . . . . . . . 8 Materials to be used in construction. . . . . . . . . . . . . . 9 Method of construction . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Requirements for pans 10 Materials and method of construction . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Repeal Repeal of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential amendments of Pastoral Workers’Accommodation Regulation 2003 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 17 (Worker to clean certain toilet facilities) . . . . Amendment of sch 1 (Resident workers accommodation) . . . . . . Minor amendments of Environmental Protection Regulation1998 ........................................ 21 21 21 21 21 22 22 22 23 23 23 23 24 24 24 25 27 28 32 32 32 32 33

s1 4 s4 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 Part 1 Preliminary 1 Short title This regulation may be cited as the Environmental Protection Legislation Amendment and Repeal Regulation (No. 1) 2007 . Part 2 Amendment of Environmental Protection Regulation 1998 2 Regulation amended in pt 2 and schedule This part and the schedule amends the EnvironmentalProtection Regulation 1998. 3 Amendment of ss 38W and 38ZH Sections 38W and 38ZH, headings, ‘pt 3B’— omit, insert— ‘ pt 6B ’. 4 Amendment of s 38X (Definitions for pt 3B) (1) Section 38X, heading, ‘pt 3B’— omit, insert— ‘ pt 6B ’. (2) Section 38X, definition consumer paper — omit. (3) Section 38X— insert— ‘ sell includes— (a) exchange or supply; and

s5 5 s7 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (b) agree, offer or attempt to sell.’. (4) Section 38X, definition consumer packaging material , example— omit, insert— ‘ Example — material for distribution packaging used to contain a consumer product sold by retail’. (5) Section 38X, definition covenant , paragraph (a), ‘section 38W’— omit, insert— ‘section 66O’. (6) Section 38X, definition owner’s packaging , ‘section 38ZA(2)(a)’— omit, insert— ‘section 66S(2)(a)’. 5 Amendment of s 38Y (General) Section 38Y, ‘section 38W’— omit, insert— ‘section 66O’. 6 Amendment of s 38Z (Application of div 2) Section 38Z(1)(b)(ii), ‘$2m’— omit, insert— ‘$5m’. 7 Amendment of s 38ZA (Action plans) (1) Section 38ZA(3)(a)— omit, insert— ‘(a) for paper or cardboard packaging, other than prescribed paper or cardboard packaging—80%;’.

s8 6 s9 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (2) Section 38ZA(3)(e)— omit, insert— ‘(e) for prescribed paper or cardboard packaging—25%; (f) for each plastic that is high density polyethylene (HDPE), polyethylene terephthalate (PET) or polyvinyl chloride (PVC)—35%; (g) for plastics, other than the plastics mentioned in paragraph (f)—25%.’. (3) Section 38ZA(5)— insert — ‘ prescribed paper or cardboard packaging means packaging made of paper or cardboard that can not reasonably, practicably and to any significant extent, be reused, recycled or used for energy recovery or recovered for reuse, recycling or energy recovery. Examples of prescribed paper or cardboard packaging — waxed paper or cardboard, high-wet-strength cardboard’. 8 Amendment of s 38ZC (Claiming exemption on ground of commercial confidentiality) Section 38ZC(1), ‘section 38ZB(2)’— omit, insert— ‘section 66T(2)’. 9 Amendment of s 38ZD (Deciding claim for exemption on ground of commercial confidentiality) Section 38ZD(5), ‘section 38ZC(3)’— omit, insert— ‘section 66U(3)’.

s 10 7 s 14 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 10 Amendment of s 38ZE (Authorised person may give notice to comply) (1) Section 38ZE(1) and (5), ‘section 38ZA or 38ZB’— omit, insert— ‘section 66S or 66T’. (2) Section 38ZE(3), ‘3 months’— omit, insert— ‘28 days’. 11 Amendment of s 38ZG (Other operators) Section 38ZG(2), ‘section 38ZF(2)(b)’— omit, insert— ‘section 66X(2)(b)’. 12 Relocation and renumbering of pt 3B (Used packaging materials) Part 3B— relocate to the EnvironmentalProtection(WasteManagement) Regulation 2000 , and in that regulation— (a) insert and renumber the part as part 6B; and (b) renumber sections 38W to 38ZH as sections 66O to 66Z. 13 Amendment of s 39 (Devolution of powers—environmentally relevant activities) Section 39(4), ‘parts 3, 3A and 3B’— omit, insert— ‘parts 3 and 3A’. 14 Amendment of s 62 (Review of decisions and appeal) (1) Section 62(1)(f) and (2)(e) and (f)—

s 14 8 s 14 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 omit. (2) Section 62(1)(g)— renumber as section 62(1)(f). (3) Section 62(2)(a), ‘subsection (1)(b)’— omit, insert— ‘subsection (1)(a)’. (4) Section 62(2)(b), ‘subsection (1)(c) or (d)’— omit, insert— ‘subsection (1)(b) or (c)’. (5) Section 62(2)(c), ‘subsection (1)(e)’— omit, insert— ‘subsection (1)(d)’. (6) Section 62(2)(d), ‘subsection (1)(f)’— omit, insert— ‘subsection (1)(e)’. (7) Section 62(2)(g), ‘subsection (1)(h)(i)’— omit, insert— ‘subsection (1)(f)(i)’. (8) Section 62(2)(h), ‘subsection (1)(h)(ii)’— omit, insert— ‘subsection (1)(f)(ii)’. (9) Section 62(2)(g) and (h)— renumber as section 62(2)(e) and (f).

s 15 9 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 Part 3 Amendment of Environmental Protection (Waste Management) Regulation 2000 15 Regulation amended in pt 3 This part amends the EnvironmentalProtection(WasteManagement) Regulation 2000. 16 Insertion of new pt 2A After part 2— insert— ‘Part 2A Waste management in local government areas ‘Division 1 Preliminary ‘10A References to local government ‘In this part, a reference to a local government in the context of dealing with waste produced at premises, is a reference to the local government for the local government area in which the premises is situated. ‘10B Meaning of serviced premises ‘Premises in a local government area are serviced premises if— (a) the premises are in an area designated by the local government as an area in relation to which the local government has arranged for removal of general waste from premises in the area; or (b) the local government has required the owner or occupier of the premises to arrange for removal of general waste from the premises.

s 16 10 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘Division 2 General waste ‘Subdivision 1 Storage of general waste ‘10C Owner or occupier of premises to supply waste containers ‘(1) The owner or occupier of premises in a local government area must— (a) subject to subsection (2), supply enough standard general waste containers at the premises to contain the general waste produced at the premises; or (b) if required by the local government, supply at the premises, enough waste containers, other than standard general waste containers, to contain the general waste produced at the premises. Maximum penalty—40 penalty units. ‘(2) The local government may supply to premises in the local government’s area the number of standard general waste containers it reasonably considers is required at the premises under subsection (1)(a). ‘(3) If a local government supplies a standard general waste container to premises under subsection (2), the reasonable cost of supplying the container is a debt payable by the owner or occupier of the premises to the local government. ‘(4) However, subsection (3) does not prevent a local government from supplying a standard general waste container to premises without cost to the owner or occupier of the premises. ‘10D Requirements for storing general waste in waste containers ‘(1) The occupier of premises must— (a) store general waste at the premises in a standard general waste container or, if required by the local government, another type of waste container; and

s 16 11 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (b) keep each waste container at the premises clean and in good repair; and (c) ensure that each waste container at the premises is securely covered, except when the waste is being placed in, or removed from, the container. Maximum penalty—40 penalty units. ‘(2) A person must not— (a) place any of the following in a waste container— (i) a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container; (ii) material that is smouldering or aflame; (iii) matter or a thing that is alive; or (b) remove or disturb the cover of a waste container, except when placing waste in the container; or (c) use or damage a waste container so that it is not weatherproof or serviceable or can not be securely covered; or (d) disturb or otherwise interfere with the contents of a waste container. Maximum penalty—40 penalty units. ‘(3) The occupier of the premises must not allow a person to place a thing in a waste container at the premises in contravention of subsection (2)(a). Maximum penalty—40 penalty units. ‘(4) It is a defence in a proceeding against a person for an offence under subsection (3) for the person to prove the contravention was due to causes over which the person had no control.

s 16 12 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘10E General requirements for keeping waste containers at serviced premises ‘(1) Subject to subsection (2), the occupier of serviced premises must ensure that a waste container supplied for the premises is kept— (a) if the local government requires the container to be kept at a particular place at the premises, at the place; or (b) otherwise, at ground level close to the rear alignment of a building at the premises. Maximum penalty—40 penalty units. ‘(2) Subsection (1) does not prevent the occupier of the premises from placing a waste container in a place (a designated location ) outside the premises for the collection of general waste from the container, if— (a) the local government or an approved waste removal entity has arranged to collect waste from the container at the designated location; and (b) the container is in the designated location for no longer than— (i) the period, if any, allowed under a local law of the local government; or (ii) is otherwise reasonably appropriate before and after the collection. Example of a designated location outside premises — the kerb adjacent to the premises ‘(3) If a local government or an approved waste removal entity has arranged for the collection of general waste from a waste container at premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste. Maximum penalty for subsection (3)—40 penalty units.

s 16 13 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘10F Other requirements for storing general waste at particular serviced premises ‘(1) This section applies to any of the following persons (each a prescribed person ) for serviced premises, other than a single detached dwelling— (a) the owner or occupier of the premises; (b) the registered operator for a chapter 4 activity carried out at the premises; (c) the environmental authority holder for a mining activity or petroleum activity carried out at the premises. ‘(2) The prescribed person must, if required by the local government, ensure each of the following is supplied at the premises— (a) either— (i) an elevated stand at a level required by the local government for holding all waste containers at the premises; or (ii) an imperviously paved area, drained as required by the local government, upon which can be stood all waste containers at the premises; (b) a suitable hose cock and hose in the vicinity of the stand or paved area; (c) a suitable enclosure for the area where the waste containers are kept. Maximum penalty—40 penalty units. ‘Subdivision 2 Removal of general waste ‘10G Requirements for removal of general waste ‘(1) This section applies to a local government if— (a) the local government has arranged for the removal of general waste from premises; or

s 16 14 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (b) an approved waste removal entity has arranged for the removal of general waste from premises under an approval from the local government under section 369A of the Act. ‘(2) The local government must ensure that a service is provided for removing the waste— (a) if the waste is domestic or commercial waste—at least once in each week; or (b) if the waste is recyclable waste for the local government area—as often as is required by the local government. ‘(3) Also, the local government must ensure that the waste is removed— (a) in a way that does not cause excessive noise; and (b) with reasonable care to prevent spilling the waste. ‘(4) In this section— removal , of waste, includes collecting, transporting and disposing of the waste. ‘10H Local government may give notice about removal of general waste ‘(1) This section applies to a local government that has arranged for the removal of general waste produced at a premises. ‘(2) The local government may give the occupier of the premises a notice stating— (a) the days on which the waste is to be collected; and (b) where the waste container is to be placed for collection of the waste (the designated location ); and (c) the time by which the waste container is to be placed in the designated location for collection of the waste.

s 16 15 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘10I Depositing or disposal of general waste from premises other than serviced premises ‘(1) This section applies if general waste is produced at a premises, other than— (a) serviced premises; or (b) premises from which an approved waste removal entity has arranged for removal of the waste. ‘(2) The local government may— (a) give a written approval to the owner or occupier of the premises for depositing or disposing of the waste; and (b) impose conditions on the approval, including, for example, conditions about— (i) the place for depositing or disposing of the waste; or (ii) the method of depositing or disposing of the waste. ‘(3) A person must not deposit or dispose of the waste unless the person deposits or disposes of the waste— (a) at a waste facility in accordance with part 3; or (b) in accordance with— (i) an approval under subsection (2) for disposal of the waste; and (ii) if the approval has been given on conditions, the conditions of the approval. Maximum penalty for subsection (3)—40 penalty units. ‘Division 3 Storage and treatment of industrial waste ‘10J Requirements for storing industrial waste ‘(1) The occupier of premises where there is industrial waste must, if required by the local government—

s 16 16 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (a) supply at the premises the number of industrial waste containers required by the local government for storing the waste at the premises safely, efficiently and without causing a nuisance; and (b) keep the waste containers at the particular place at the premises required by the local government; and (c) keep each waste container clean and in good repair. Maximum penalty—40 penalty units. ‘(2) If the occupier does not supply at the premises the number of industrial waste containers required by the local government for subsection (1)(a), the local government may supply industrial waste containers at the premises. ‘(3) If a local government supplies a waste container to premises under subsection (2), the reasonable cost of supplying the container is a debt payable by the occupier of the premises to the local government. ‘(4) In this section— industrial waste container , required by a local government, means a waste container of a type approved by the local government for storing industrial waste at premises within the local government’s area. ‘10K Requirement to treat industrial waste for disposal ‘The occupier of premises where there is industrial waste must, if required by the local government, treat the waste to a standard approved by the local government for disposal of the waste at a waste facility. Maximum penalty—40 penalty units.

s 16 17 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘Division 4 Storage and disposal of nightsoil ‘10L Nightsoil to be stored in a sanitary convenience ‘The owner or occupier of any premises must not allow nightsoil to remain at the premises other than in a sanitary convenience that— (a) the owner or occupier is allowed to construct or use at the premises under this division; and (b) complies with the requirements for the sanitary convenience for this division. Maximum penalty—20 penalty units. ‘10M Cesspits etc. not to be constructed or used at particular premises ‘(1) This section applies to the owner or occupier of— (a) serviced sanitary premises; or (b) premises in which a sanitary convenience is connected, or is required under a law of the State to be connected, to a sewer or septic tank. ‘(2) The owner or occupier of the premises must not— (a) construct or use a cesspit or cesspool at the premises; or (b) allow a cesspit or cesspool to be constructed or used at the premises. Maximum penalty—20 penalty units. ‘(3) If the owner or occupier contravenes subsection (2), the local government may give the owner or occupier a written notice requiring the owner or occupier to fill the cesspit or cesspool with earth and remove any structure on or near the cesspit or cesspool within the period stated in the notice.

s 16 18 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘10N Requirements for placing, constructing or altering a prescribed sanitary convenience ‘(1) The owner or occupier of serviced sanitary premises must not place, construct or alter a prescribed sanitary convenience at the premises or allow a prescribed sanitary convenience at the premises to be placed, constructed or altered, unless— (a) the local government has given the owner or occupier a written approval (a sanitary convenience approval ) for placing, constructing or altering the sanitary convenience; and (b) the sanitary convenience is placed, constructed or altered in compliance with the approval, including the conditions, if any, imposed by the local government on the approval; and (c) the sanitary convenience is placed in compliance with subsection (2) and constructed or altered in compliance with subsections (3) and (4). Maximum penalty—20 penalty units. ‘(2) The prescribed sanitary convenience must be placed— (a) at least 5m away from a road; and (b) at least 5m away from a building, unless allowed under the sanitary convenience approval; and (c) where it is unlikely to cause contamination of water intended for human consumption or use; and (d) where nightsoil can be collected from the sanitary convenience and removed from the premises without being taken through a building. ‘(3) The prescribed sanitary convenience must be constructed or altered in compliance with— (a) for a prescribed sanitary convenience that is a chemical, composting or incinerating toilet—the relevant design rules stated in schedule 8, part 2; or (b) for another type of prescribed sanitary convenience— each of the requirements under schedule 8A, subject to

s 16 19 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 the sanitary convenience complying with the sanitary convenience approval. ‘(4) If the sanitary convenience approval authorises placement of the prescribed sanitary convenience under or within a building, the sanitary convenience must have— (a) no fewer than 3 external walls; and (b) adequate cross ventilation consisting of openings or equivalent devices, each of which must be protected by fly-proof wire gauze and provide a free opening of at least 220cm 2 to the external air. ‘10O Disposal of nightsoil from premises not otherwise serviced ‘(1) This section applies to the owner or occupier of premises if— (a) no sanitary convenience at the premises is connected, or is required under a law of the State to be connected, to a sewer or septic tank; and (b) the local government or an approved waste removal entity has not arranged for removal of nightsoil from the premises. ‘(2) The owner or occupier of the premises must ensure that— (a) nightsoil deposited at the premises is buried at least once a week in a trench in an isolated place at the premises where it is not likely to cause contamination of any water intended for human consumption or use; and (b) if the local government requires the owner or occupier to bury the nightsoil in a particular place, the nightsoil is buried at the place; and (c) the trench used for burying the nightsoil— (i) does not have a floor of rock or wet earth; and (ii) is not more than 600mm deep, 600mm wide or 3m long; and (d) the surface of the nightsoil deposited in the trench is not less than 150mm below the edge of the trench; and

s 16 20 s 16 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (e) immediately after the nightsoil is deposited in the trench— (i) each receptacle from which the nightsoil has been emptied is cleaned with water and the water is emptied into the trench; and (ii) the trench is filled so that the nightsoil is covered evenly with a layer of clean earth at least 250mm deep. Maximum penalty—20 penalty units. ‘Division 5 Compliance notices ‘10P Authorised person may give notice to comply ‘(1) If an authorised person believes on reasonable grounds that a person (an affected person ) has contravened this part, the authorised person may give the affected person a written notice under subsection (2). ‘(2) The notice must state— (a) the act or omission comprising the contravention; and (b) the action the affected person must take to rectify the alleged contravention; and (c) the day by which the affected person must take the action. ‘(3) The stated day must be at least 28 days after the notice is given. ‘(4) If the affected person is given a notice under subsection (1), the person must comply with the notice unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units. ‘(5) If a person is given a notice under subsection (1) in relation to an alleged contravention of this part, the person can be prosecuted for the contravention only if the person does not comply with the notice.

s 17 21 s 21 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘(6) However, this section does not require an authorised person to give a person a notice under subsection (1) before the person may be prosecuted for a contravention of this part.’. 17 Omission of s 11 (Definition for pt 3) Section 11— omit. 18 Renumbering of s 68A (Devolution—waste receival and disposal) Section 68A— renumber as section 68AA. 19 ‘68A Insertion of new s 68A Part 7, after division 2 heading— insert— Devolution—waste management ‘The administration and enforcement of part 2A is devolved to each local government for its local government area.’. 20 Amendment of s 68C (Review and appeal decisions) Section 68C(b)— insert— ‘(vii)a decision, under section 66U, to request information to decide a claim for an exemption on the ground of commercial confidentiality; (viii) a decision, under section 66V, to refuse to grant a claim for exemption on the ground of commercial confidentiality.’. 21 Amendment of s 68D (Dissatisfied persons) Section 68D—

s 22 22 s 23 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 insert— ‘(c) for a decision mentioned in section 68C(b)(vii)—the person to whom the request is given; and (d) for a decision mentioned in section 68C(b)(viii)—the person whose claim is refused.’. 22 Amendment of sch 8 (Design rules) Schedule 8, heading, ‘section 67’— omit, insert— ‘sections 10N and 67’. 23 Insertion of new sch 8A After schedule 8— insert— ‘Schedule 8A Requirements for particular prescribed sanitary conveniences section 10N ‘Part 1 Requirements for closets ‘1 General construction ‘A closet must— (a) have walls and a roof that are weatherproof; and (b) be of sound and substantial construction and securely braced; and (c) be adequately lighted and ventilated; and (d) be constructed in a way that ensures privacy.

s 23 23 s 23 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘2 Foundations ‘(1) If the floor of a closet is laid on ground level, concrete or brick baffle walls sunk 600mm below the ground level must be provided on all sides to prevent rats burrowing under the closet. ‘(2) If a closet is a separate building, the brick, concrete, wooden, or metal stumps on which the closet is constructed must not be less than 300mm above the level of the ground for allowing air to flow freely around the closet and deterring vermin harbouring under the closet. ‘3 Floors ‘(1) If the floor of a closet is laid on ground level, the floor must be concrete, rendered to a smooth surface, and laid with a fall of 25mm from the rear wall alignment to the front alignment. ‘(2) The upper surface of the floor must not be less than 75mm above ground level. ‘(3) If a closet is erected on brick, concrete, wooden, or metal stumps, the floor of the closet must be constructed of 150mm by 25mm shot-edged hardwood or other suitable flooring securely nailed to sole plates and joists. ‘4 Dimensions of closet compartment ‘The walls of a closet must be at least 2275mm high measured at the lowest part, and the closet compartment must not be less than 1500mm long, and 1000mm wide, inside measurement, clear of studs. ‘5 Doors ‘(1) A closet must have a securely hinged door capable of being fastened from the inside, and hung so as to be self-closing. ‘(2) The door when shut must show an open space of not more than 15mm wide at its top next to the lintel and 20mm clearance at the floor level.

s 23 24 s 23 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘6 Internal painting ‘The internal wall surfaces of a closet must be painted with at least 2 coats of a light-coloured gloss paint. ‘Part 2 Requirements for pan cabinets ‘7 Internal measurements ‘A pan cabinet must be constructed in accordance with the following internal measurements— (a) the height must be 432mm from the underside or bottom of the flooring boards to the underside of the seat; (b) for a cabinet constructed for a pan of 300mm diameter—the width must be 387mm measured clear of the internal surfaces of the side framing timber; (c) for a cabinet constructed for a pan of 350mm diameter— (i) the width must be 438mm measured clear of the internal surfaces of the side framing timber; and (ii) the depth must be 380mm measured clear of the internal surface of the rear framing timber and the front edge of the flooring timber. ‘8 Materials to be used in construction ‘(1) A pan cabinet must be constructed of the following materials— (a) for the frame—50mm by 25mm timber; (b) for the sides and door—19mm thick, tongued and grooved pine; (c) for the floor—100mm by 25mm shot-edged hardwood; (d) for the seat—solid 25mm timber or moulded material; (e) for the pan runners—38mm by 25mm hardwood;

s 23 25 s 23 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (f) for the lid—25mm timber; (g) for the pan stop—50mm by 25mm timber; (h) for the door ledges—75mm by 25mm timber; (i) for the door rebates—12mm by 12mm timber; (j) for the vent pipe—75mm diameter galvanised iron of 0.50mm thickness. ‘(2) All timbers used in the construction of a pan cabinet must be well seasoned and planed to a smooth surface. ‘9 Method of construction ‘(1) A pan cabinet must be constructed as follows— (a) the hardwood floor must be tightly cramped, securely nailed to the lower framing pieces and placed on edge, for each side panel and the rear panel; (b) the tongued and grooved pieces for the 2 side panels and the rear panel must be securely nailed to their upper framing pieces and assembled by being securely nailed to the lower framing pieces attached to the floor, and along the vertical butt joints of the side panels with the rear panel; (c) the 2 hardwood pan runners must be securely nailed to the floor and sufficiently spaced to allow the pan to slide smoothly over them and support the pan evenly in its position; (d) blocks of 50mm by 25mm material must be centrally fixed to the upper and lower framing pieces in the rear panel as a stop for the pan when pushed into position; (e) blocks of material similar to the material mentioned in paragraph (d) must also be fixed to— (i) the upper and lower framing pieces of each side panel as guides for centralising the pan in the cabinet; and (ii) the upper framing timber of each side panel so that the blocks are 100mm clear of the rear panel frame

s 23 26 s 23 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 timber and do not obstruct the vent pipe opening in the seat; (f) 2 front corner uprights of 63mm by 19mm timber must be securely nailed to the side panels and the floor and 25mm by 12mm stops must be securely fixed to the rear surface of the uprights, protruding 12mm beyond the edge of the uprights, so as to provide vertical rebates for the door when it is closed; (g) the seat of the cabinet must be cut to size to allow a nosing of not more than 5mm to project beyond the front and side vertical surfaces of the cabinet and must be securely nailed to the side and rear panels and the 2 front uprights; (h) a piece of 25mm by 12mm timber must be nailed to the under side of the seat in a position that will provide a stop for the upper edge of the door when it is closed; (i) the opening in the seat must be elliptical in form, measuring 265mm by 225mm and finished with a well-bevelled edge; (j) the width between the outer edge of the seat nosing and the front of the cabinet seat aperture must not be less than 100mm; (k) a 75mm hole for the vent pipe must be bored near the back corner of the seat; (l) a strongly hinged fly-proof lid 300mm long and 175mm wide must be fastened to an anchor piece of 75mm by 25mm timber fixed to the upper rear edge of the seat; (m) the lid must be hinged 3mm clear of the anchor piece to ensure that it can at all times close flat on the seat surface and be fly-proof when closed; (n) the door must be fastened by means of strong hinges to 1 of the front uprights, and a turn button must be fixed to the other front upright in a way that ensures the door can be kept tightly closed; (o) a suitable handle must be fitted to the door to allow it to be opened easily;

s 23 27 s 23 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 (p) near the bottom of the door and above the level of the cabinet floor, 4 holes of 35mm diameter ( inlet holes ) must be bored for air inlets; (q) the inlet holes must be covered on the inside with fly-proof gauze of brass, bronze, fibreglass or other corrosion-resistant material; (r) a galvanised iron ventilating pipe 0.5mm thick and 75mm in diameter must be— (i) fitted to the vent opening provided near the back corner of the seat; and (ii) extended close to the back wall of the closet through the roof; and (iii) finished off square at least 300mm above the roof; and (iv) finished with a cowl on top; (s) the bottom end of the ventilating pipe must be flush with the underside of the seat and, where the pipe passes through the seat, it must be securely fixed in position to prevent the vent pipe slipping down; (t) all internal and external surfaces of the cabinet must be painted with at least 2 coats of light-coloured gloss paint. ‘(2) If closets are built in rows or groups, each pan cabinet must be separately ventilated in the way stated in subsection (1). ‘Part 3 Requirements for pans ‘10 Materials and method of construction ‘(1) A pan must be— (a) constructed of galvanised iron that is 0.5mm thick or of plastic material of an equivalent standard; and (b) cylindrical or slightly tapered in shape.

s 24 28 s 24 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 ‘(2) A cylindrical pan must be either of the following dimensions— (a) 300mm in diameter by 350mm high; (b) 350mm in diameter by 350mm high. ‘(3) A tapered pan must be— (a) 350mm high; and (b) either of the following diameters— (i) 350mm at the open end tapering to not less than 330mm at the base end; (i) 300mm at the open end tapering to not less than 280mm at the base end. ‘(4) A pan must be fitted with at least 1 side handle and must have a suitable rim or lugs for affixing a watertight lid. ‘(5) A pan must be fitted with a suitable metal or plastic lid that— (a) is provided with— (i) an inset rubber seal or seal of other suitable material; and (ii) a means by which the lid can be suitably affixed to the open rim or lugs of the pan; and (b) provides a watertight seal when affixed to the pan in a way that prevents leakage from the pan regardless of the position of the pan.’. 24 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition general waste — omit. (2) Schedule 9— insert— ‘ approved waste removal entity means a person who removes, collects or transports waste under an approval from a local government under section 369A of the Act.

s 24 29 s 24 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 cesspit means a pit or an excavation in the ground under a closet that is used or intended to be used for depositing nightsoil, but does not include a septic tank or other device in which nightsoil is treated. closet means a structure that is used or intended to be used in connection with receiving nightsoil, other than a water-closet or urinal connected to a sewer or septic tank. commercial premises means any of the following types of premises— (a) a hotel, motel, caravan park, cafe, food store or canteen; (b) an assembly building, institutional building, kindergarten, child minding centre, school or other building used for education; (c) premises where a sport or game is ordinarily played in public; (d) an exhibition ground, show ground or racecourse; (e) an office, shop or other premises where business or work, other than a manufacturing process, is carried out. commercial waste means waste, other than green waste, recyclable waste, interceptor waste or waste discharged to a sewer, produced as a result of the ordinary use or occupation of commercial premises. domestic clean-up waste means non-putrescible, dry and inoffensive waste, other than green waste or recyclable waste, produced as a result of a clean-up of domestic premises. domestic premises means any of the following types of premises— (a) a single unit private dwelling; (b) premises containing 2 or more separate flats, apartments or other dwelling units; (c) a boarding house, hostel, lodging house or guest house. domestic waste means waste, other than domestic clean-up waste, green waste, recyclable waste, interceptor waste or waste discharged to a sewer, produced as a result of the ordinary use or occupation of domestic premises.

s 24 30 s 24 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 general waste means— (a) generally, waste other than regulated waste; or (b) for part 2A, any of the following— (i) commercial waste; (ii) domestic waste; (iii) recyclable waste. green waste means grass cuttings, trees, bushes, shrubs, loppings of trees, bushes or shrubs, or similar matter produced as a result of the ordinary use or occupation of premises. industrial waste means— (a) interceptor waste; or (b) waste other than the following— (i) commercial waste; (ii) domestic clean-up waste; (iii) domestic waste; (iv) green waste; (v) recyclable interceptor waste; (vi) recyclable waste; (vii) waste discharged to a sewer. interceptor means a device used to intercept a substance in sewage, waste water or trade waste and prevent its discharge into a sewer, septic tank, waste water disposal system or other treatment device. Examples of interceptors — • neutralising interceptors for neutralising acidic and alkaline substances • grease interceptors for collecting and solidifying fat, grease and similar matter • oil interceptors for collecting oil and petroleum products • silt interceptors for collecting soil, sand, gravel and other sedimentary solids

s 24 31 s 24 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 interceptor waste means matter, other than recyclable interceptor waste, intercepted by, and held in, an interceptor. local government , for part 2A, see section 10A. manufacturing process means a handicraft or other process relating to adapting, altering, assembling, cleaning, finishing, making, ornamenting, preparing, renovating, repairing, washing, or wrecking goods for trade, sale or gain or otherwise in connection with a business. prescribed sanitary convenience means a sanitary convenience, other than— (a) a cesspit or cesspool; or (b) a sanitary convenience connected, or required under a law of the State to be connected, to a sewer or septic tank. recyclable interceptor waste means matter that is, or is intended to be, removed from a grease interceptor and taken elsewhere for processing into a non-toxic, non-hazardous and usable substance for sale. recyclable waste , for a local government’s area, means clean and inoffensive waste that is declared by the local government to be recyclable waste for the area. Examples of waste that may be declared to be recyclable waste — glass bottles, newspaper, cardboard, steel and aluminium cans and green waste serviced premises see section 10B. serviced sanitary premises means premises, in a local government’s area, from which the local government has arranged for the collection, removal and disposal of nightsoil. standard general waste container means a container of a type approved by a local government for storing domestic waste, commercial waste or recyclable waste at premises in the local government’s area. waste facility , for parts 2A and 3, means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste.’.

s 25 32 s 28 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 Part 4 Repeal 25 Repeal of regulation The Environmental Protection (Interim Waste) Regulation 1996 SL No. 17 is repealed . Part 5 Consequential amendments of Pastoral Workers’ Accommodation Regulation 2003 26 Regulation amended in pt 5 This part amends the PastoralWorkers’AccommodationRegulation 2003. 27 Amendment of s 17 (Worker to clean certain toilet facilities) Section 17, ‘ Environmental Protection (Interim Waste) Regulation 1996 , section 54’— omit, insert— ‘ Environmental Protection (Waste Management) Regulation 2000 , section 10O’. 28 Amendment of sch 1 (Resident workers accommodation) Schedule 1, section 7(3), ‘ Environmental Protection (Interim Waste) Regulation 1996 , section 54’— omit, insert— ‘ Environmental Protection (Waste Management) Regulation 2000 , section 10O’.

33 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 Schedule Minor amendments of Environmental ProtectionRegulation 1998 section 2 1 Section 3B(2), ‘3A(1)(a)’— omit, insert— ‘3A(a)’. 2 Section 3D(2), definition protected matter and schedule 1AA, section 5(2), definition Commonwealth approval , ‘Commonwealth Act’— omit, insert— ‘Commonwealth Environment Act’. 3 Section 6X(3)(b)(i), ‘section 23,’ and footnote— omit, insert— ‘section 24,’. 4 Section 39(1), dot point, ‘38, 39,’— omit. 5 Section 51A(1)(a)(ii), ‘registration certificate or’— omit. 6 Schedule 1A, heading, ‘for s’— omit, insert — ‘ for section ’.

34 Environmental Protection Legislation Amendment and No. 217, 2007 Repeal Regulation (No. 1) 2007 Schedule (continued) 7 Schedule 1A, section 2(f), from ‘a designated’ to ‘other than’— omit, insert— ‘an area recorded in the Aboriginal Cultural Heritage Register established under the AboriginalCulturalHeritageAct2003 , section 46, other than’. 8 Schedule 8C, section 10(c) ‘section 29K’— omit, insert— ‘section 35’. 9 Schedule 9, definition chemical, paragraph (e)(iv), ‘item 46’— omit, insert— ‘schedule 1, item 46’. 10 Schedule 9, definition port authority, ‘schedule 3’— omit, insert— ‘schedule 6’. ENDNOTES 1 Made by the Governor in Council on 30 August 2007. 2 Notified in the gazette on 31 August 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Environmental Protection Agency. © State of Queensland 2007