Environmental Protection Regulation 2008 (QLD)

Environmental Protection Regulation 2008

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Environmental Protection Regulation 2008.

2   Commencement

This regulation commences on 1 January 2009.

3   Definitions

The dictionary in schedule 12 defines particular words used in this regulation.

Chapter 2    Environmental impact statements

Part 1    Preliminary

4   Types of project requiring Commonwealth or State authority approval

A project is prescribed for section 37(1)(e) of the Act if—

(a)the Commonwealth Minister has, under the Commonwealth Environment Act—

(i)decided the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process; and

(ii)given notice of the decision; or

Note—

See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach).

(b)the relevant impacts of the project are to be assessed under a bilateral agreement.

Part 2    EIS process

5   Application of pt 2

(1)This part and schedule 1 apply to a project mentioned in section 4.

(2)Any steps or actions taken under the EIS process before the action mentioned in section 4(a) happens are taken to have complied with this part.

6   Prescribed matters for draft terms of reference—Act, s 41(2)(d)

The draft terms of reference for an EIS must include the matters necessary for ensuring—

(a)the project’s relevant impacts are assessed under the EIS; and

(b)the assessment of the project under the EIS—

(i)gives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act; and

(ii)addresses the matters mentioned in schedule 1.

7   Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g)

(1)A TOR notice and an EIS notice must state the following—

(a)the project’s title and location;

(b)the name of the proponent for the project;

(c)if the proponent and designated proponent for the project are not the same entity—the name of the designated proponent;

(d)the protected matters for the project.

(2)In this section—

protected matter means a matter mentioned in the Commonwealth Environment Act, section 34 and protected by a controlling provision for the project.

8   Prescribed way for publishing TOR notice and EIS notice

A TOR notice and an EIS notice must be published—

(a)in a newspaper circulating throughout Australia; or

(b)in each State or Territory in a newspaper circulating generally in the State or Territory.

9   Prescribed matters for EIS assessment report—Act, s 59(e)

(1)An EIS assessment report must contain the following matters—

(a)a description of the following—

(i)the project;

(ii)the places affected by the project;

(iii)any matters of national environmental significance likely to be affected by the project;

(b)a summary of the project’s relevant impacts;

(c)a summary of feasible mitigation measures or changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in a relevant submission;

(d)to the extent practicable, a summary of feasible alternatives to the project identified in the assessment process and the likely impact of the alternatives on matters of national environmental significance;

(e)to the extent practicable, a recommendation for any conditions of approval for the project that may be imposed to address impacts identified in the assessment process on matters of national environmental significance.

(2)In this section—

relevant submission means a properly made submission under section 55(2) of the Act or a submission accepted by the chief executive under section 55(3) of the Act.

10   Other requirements for EIS process

The chief executive must, as soon as practicable after preparing an EIS assessment report, give a copy of it to the Commonwealth Minister.

Part 3    Prescribed periods for chapter 3 of the Act

11   Period to advise chief executive about draft terms of reference—Act, s 45

For section 45 of the Act, the period for giving the chief executive the things mentioned in that section is the later of the following periods to end—

(a)20 business days after the chief executive has given the proponent a copy of all comments received within the comment period;

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

12   Period for finalising terms of reference—Act, s 46

For section 46 of the Act, the period for doing the things mentioned in section 46(1) of the Act is the later of the following periods to end—

(a)20 business days after the proponent gives the documents mentioned in section 45 of the Act to the chief executive;

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

13   Period for deciding whether EIS may proceed—Act, s 49

For section 49(1) of the Act, the period for considering a submitted EIS and deciding whether to allow it to proceed under chapter 3, part 1, division 4 of the Act is the later of the following periods to end—

(a)20 business days after the EIS is submitted;

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

Chapter 3    Environmentally relevant activities

Part 1    Environmentally relevant activities—general matters

Division 1 Preliminary

14   What is the aggregate environmental score for an environmentally relevant activity

(1)The aggregate environmental score for a prescribed ERA is the aggregate environmental score stated for the activity in the section under schedule 2 applying to the activity.

Note—

Aggregate environmental scores for environmentally relevant activities are based on the aggregate environmental scores worked out for the activities under the environmental emission profile.

(2)The aggregate environmental score for a resource activity is the aggregate environmental score stated for the activity in the section under schedule 2A applying to the activity.

(3)However, subsection (4) applies for a resource activity mentioned in schedule 2A, if—

(a)the activity includes 1 or more activities mentioned in schedule 2 (each an included schedule 2 activity) for which an AES is stated; and

(b)the AES stated in schedule 2 for an included schedule 2 activity is more than the AES stated in schedule 2A for the resource activity.

(4)The aggregate environmental score for the resource activity is—

(a)the AES for the included schedule 2 activity; or

(b)if there are 2 or more included schedule 2 activities to which subsection (3)(b) applies—the AES for the included schedule 2 activity that has the highest AES stated for the activity in schedule 2.

15   Meaning of scheduled area

A scheduled area is a local government area mentioned in schedule 4.

16   Meaning of concurrence ERA

(1)An activity is a concurrence ERA if—

(a)the activity is a prescribed ERA; and

(b)the threshold within which the activity is carried out is stated opposite the letter ‘C’ in the relevant table.

(2)However, a mobile and temporary environmentally relevant activity is not a concurrence ERA.

(3)In this section—

relevant table, for an activity, means the table in the section of schedule 2 that applies to the activity.

Note—

For when a development permit is required for a concurrence ERA, see the Planning Act.

16A   Reference to in a year for particular environmental authorities

(1)This section applies for a prescribed ERA or a resource activity being carried out under an environmental authority.

(2)A reference in schedule 2 or schedule 2A to the authority being carried out in a year is a reference to the activity being carried out in the following period—

(a)for the first year of the environmental authority—the period of 1 year starting on the day the authority takes effect; or

(b)otherwise—the period of 1 year starting on an anniversary day for the authority.

Division 2 Prescribed activities

17   Activities prescribed as environmentally relevant activities—general

(1)Each activity to which a section under schedule 2 applies is a prescribed ERA.

Note—

See section 19 (Environmentally relevant activity may be prescribed) of the Act.

(2)An activity to which a section under schedule 2 applies includes the activity carried out as a mobile and temporary environmentally relevant activity, unless the section otherwise provides.

Note—

See schedule 4, definition mobile and temporary environmentally relevant activity of the Act.

17A   Activities prescribed as extractive activities—Act, s 120

For section 120(4) of the Act, definition extractive activity, the prescribed activities are the extractive and screening activities mentioned in schedule 2, part 4.

Division 2A [Repealed]

17B   [Repealed]

Division 3 [Repealed]

Subdivision 1 [Repealed]

18   [Repealed]

19   [Repealed]

19A   [Repealed]

Subdivision 2 [Repealed]

(Repealed)

Division 3A Development application relating to concurrence ERAs

19B   Assessing development application for concurrence ERA

(1)Subsection (2) applies if a local government is the assessment manager for a development application for a material change of use for a concurrence ERA.

(2)The following matters are assessment benchmarks for the Planning Act for the material change of use—

(a)an environmental objective assessment against the environmental objectives and performance outcomes stated in schedule 5, part 3, table 2;

(b)the standard criteria;

(c)if the concurrence ERA is to be carried out in a strategic environmental area—the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014.

(3)Subsection (4) applies if a local government is a referral agency for a development application for a material change of use for a concurrence ERA.

(4)For the Planning Act, the local government must assess the development application against the matters stated in subsection (2)(a) to (c).

19C   [Repealed]

20   [Repealed]

Division 4 Other matters

21   Untreated clinical waste disposal

(1)A person must not deliver untreated clinical waste to a facility for disposal under schedule 2, section 60(1)(b) unless the waste was generated in a scheduled area.

Maximum penalty—20 penalty units.

(2)Subsection (3) applies to the occupier of a facility mentioned in schedule 2, section 60(1)(a) or (b) if untreated clinical waste is disposed of at the facility.

(3)The occupier must ensure—

(a)the waste is buried at the facility; and

(b)the burial of the waste is supervised by a person who is competent to supervise the burial.

Maximum penalty—20 penalty units.

22   [Repealed]

22A   [Repealed]

Part 1A    Agricultural ERAs

Division 1 Fertiliser application requirements

22B   Application of div 1

This division applies to a person carrying out an agricultural ERA that is commercial sugar cane growing on a relevant agricultural property.

22C   Prescribed methodology for optimum nitrogen and phosphorus amounts—Act, s 80

(1)For section 80(3) of the Act, the prescribed methodology for working out the optimum amount of each of nitrogen and phosphorus that can be applied to soil on the relevant agricultural property is the relevant methodology stated in the nutrient calculation document.

(2)In this section—

nutrient calculation document means the document called ‘The method for calculating the optimum amount of nitrogen and phosphorus to be applied to sugarcane properties regulated under the Environmental Protection Act 1994’, published by the department.

Editor’s note—

A copy of the document is available for inspection during office hours on business days at the department’s head office at level 3, 400 George Street, Brisbane and at each regional office, and on the department’s website.

22D   Prescribed intervals for soil testing—Act, s 81

For section 81(3)(a) of the Act, the prescribed intervals for carrying out soil tests of the relevant agricultural property are within 1 year before each sugar cane crop is planted.

22E   Prescribed methodology for soil testing—Act, s 81

(1)For section 81(3)(b) of the Act, the prescribed methodology for carrying out soil tests of the relevant agricultural property is the methodology stated in the soil sampling document.

(2)In this section—

soil sampling document means the document called ‘The method for soil sampling and analysis on sugarcane properties regulated under the Environmental Protection Act 1994’, published by the department.

Editor’s note—

A copy of the document is available for inspection during office hours on business days at the department’s head office at level 3, 400 George Street, Brisbane and at each regional office, and on the department’s website.

Division 2 Document requirements

22F   Prescribed matters for agricultural ERA record—Act, s 83

For section 83(2)(d) of the Act, the following matters are prescribed—

(a)the boundaries of the following, as shown by maps or diagrams of the relevant agricultural property—

(i)crops or paddocks from which soil has been taken for testing;

(ii)the areas to which agricultural chemicals, fertilisers or soil conditioners have been applied;

(b)a description of the methods used to apply the agricultural chemicals, fertilisers or soil conditioners.

Part 2    Prescribed matters for particular resource activities

23   Designated environmental areas

For schedule 4, definition small scale mining activity, paragraphs (a)(vi) and (b)(v) of the Act, the following areas are prescribed as designated environmental areas—

(a)for each agricultural research facility mentioned in schedule 2B, the area with the land description shown opposite the facility’s name;

(b)a coastal management district under the Coastal Protection and Management Act 1995;

(c)coastal wetlands under the Coastal Protection and Management Act 1995;

(d)the designated landscape area called ‘the Stanbroke Pastoral Development Holding’ recorded on the register under the Aboriginal Cultural Heritage Act 2003;

(e)a nature refuge under the Nature Conservation Act 1992;

(f)a reservation for public purposes under the Land Act 1994, section 23;

(g)a resources reserve under the Nature Conservation Act 1992;

(h)a State forest under the Forestry Act 1959;

(i)a timber reserve under the Forestry Act 1959.

23A   Prescribed conditions for small scale mining activities—Act, s 21A

For section 21A of the Act, the conditions stated in schedule 2C are prescribed.

24   [Repealed]

24AA   Prescribed documents for application for environmental authority for a CSG activity—Act, s 125

(1)For section 125(1)(o) of the Act, the documents prescribed for an application for an environmental authority for a CSG activity that is an ineligible ERA are—

(a)documents dealing with the following matters about coal seam gas water generated in connection with carrying out the CSG activity—

(i)whether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water;

(ii)if the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas water—the reason for managing the coal seam gas water in the proposed way; and

(b)documents dealing with the following matters for brine or salt generated from the management of the coal seam gas water mentioned in paragraph (a)—

(i)whether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste;

(ii)if the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way.

(2)In this section—

prioritisation hierarchy means—

(a)for managing and using coal seam gas water—the prioritisation hierarchy for managing and using CSG water stated in the coal seam gas water management policy; or

(b)for managing saline waste—the prioritisation hierarchy for managing saline waste stated in the coal seam gas water management policy.

24AB   [Repealed]

Part 3    ERA standards for environmentally relevant activities

24A   [Repealed]

24B   Approval of ERA standards—Act, s 318D

For section 318D of the Act, an ERA standard stated in a document mentioned in schedule 3B is approved.

25   [Repealed]

26   [Repealed]

27   [Repealed]

28   [Repealed]

29   [Repealed]

30   [Repealed]

31   [Repealed]

32   [Repealed]

33   [Repealed]

34   [Repealed]

35   [Repealed]

36   [Repealed]

37   [Repealed]

38   [Repealed]

39   [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

44   [Repealed]

45   [Repealed]

Chapter 4    Regulatory requirements

Part 1    Preliminary

Division 1 Purpose

46   Purpose of ch 4

This chapter prescribes the regulatory requirements with which the administering authority is required to comply for making environmental management decisions.

Division 2 Interpretation

47   Definitions for ch 4

In this chapter—

activity includes that part, if any, of an activity relating to—

(a)preparing a place for the activity before carrying out the activity; or

(b)rehabilitating a place after it has been used for carrying out the activity.

characteristic—

(a)of a contaminant, material or waste, means any of the following—

(i)the physical and chemical properties and reactivity of the contaminant, material or waste;

(ii)the biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste;

(iii)the variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or

(b)of the receiving environment, means any of the following—

(i)the physical, chemical, ecological or biological properties of the receiving environment;

(ii)the variability of the receiving environment.

Example of variability of the receiving environment—

whether a watercourse is tidal or is subject to periodic flooding or drought

control measure means a device, equipment, structure, or management strategy used to prevent or control the release of a contaminant or waste to the environment.

Examples—

•an acoustic enclosure

•a bund around a storage pond

•a fabric filter to collect dust

•a release or overflow valve on machinery

•a strategy for operating a furnace in a way that achieves combustion of a contaminant at a particular oxygen level

environmental management decision see section 48.

initial mixing zone means an area where water containing contaminants mixes rapidly with surface water because of the momentum or buoyancy of the contaminated water and the turbulence of the surface water.

material means a material in its solid, liquid or gaseous state.

monitoring see section 49.

relevant site, for an activity, means a place where the activity is, or is proposed to be, carried out.

surface water means water other than groundwater.

water includes water containing contaminants.

48   Meaning of environmental management decision

(1)An environmental management decision is a decision under the Act for which the administering authority making the decision is required to comply with regulatory requirements.

(2)However, an environmental management decision does not include a decision under the Act about—

(a)the surrender of an environmental authority; or

(b)an application for an amendment that is a minor amendment; or

(c)an application for a progressive certification.

49   Meaning of monitoring

Monitoring, in relation to monitoring the impact of an activity on the receiving environment, includes analysing, assessing, examining, inspecting, measuring, modelling or reporting any of the following—

(a)the quantity, quality, characteristics, timing and variability of the release of the contaminant;

(b)the effectiveness of control measures;

(c)characteristics of, and impact on, the receiving environment;

(d)the effectiveness of remedial or rehabilitation measures.

Part 2    Regulatory requirements for all environmental management decisions

Division 1 Regulatory requirements for all environmental management decisions—general

50   Application of pt 2

This part applies to the administering authority for making any environmental management decision.

51   Matters to be complied with for environmental management decisions

(1)The administering authority must, for making an environmental management decision relating to an environmentally relevant activity, other than a prescribed ERA—

(a)carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 5, part 3, tables 1 and 2; and

(b)consider the environmental values declared under this regulation; and

(ba)if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014; and

(c)consider each of the following under any relevant environmental protection policies—

(i)the management hierarchy;

(ii)environmental values;

(iii)quality objectives;

(iv)the management intent; and

(d)if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters.

(1A)However, the administering agency is not required to consider the matters mentioned in subsection (1)(d) if the Coordinator-General has, under the State Development Act, section 54Y, issued an environmental approval for the undertaking of all or part of the coordinated project to which the activity relates.

(2)For an environmental management decision relating to a prescribed ERA, the administering authority making the decision must—

(a)carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 5, part 3, table 1; and

(b)consider the matters mentioned in subsection (1)(b), (ba) and (c).

52   Conditions to be considered for environmental management decisions

(1)The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose conditions about the following matters—

(a)implementing a system for managing risks to the environment;

(b)implementing measures for avoiding or minimising the release of contaminants or waste;

(c)ensuring an adequate distance between any sensitive receptors and the relevant site for the activity to which the decision relates;

Examples of a condition for paragraph (c)—

a condition requiring riparian buffers, noise buffers or buffers for protecting endangered regional ecosystems

(d)limiting or reducing the size of the initial mixing zone or attenuation zone, if any, that may be affected by the release of contaminants;

(e)treating contaminants before they are released;

(f)restricting the type, quality, quantity, concentration or characteristics of contaminants that can be released;

(g)the way in which contaminants may be released;

Examples of a condition for paragraph (g)—

•a condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows

•a condition restricting the release of a contaminant to a depth below the level of surface waters

(h)ensuring a minimum degree of dispersion happens when a contaminant is released;

Example of a condition for paragraph (h)—

a condition requiring the use of a diffuser for releasing a contaminant

(i)protecting environmental values, and meeting quality objectives, under relevant environmental protection policies;

(j)recycling, storing, transferring or disposing of waste in a particular way;

(k)rehabilitating land to achieve particular outcomes;

(l)measures for the ongoing protection of environmental values that are, or may be, adversely affected by the activity;

(m)if under an environmental objective assessment, the assessor is not satisfied an environmental objective has been achieved, measures for minimising the adverse effects of not achieving the environmental objective.

(2)In this section—

attenuation zone means the area around a release of contaminants to groundwater in which the concentration of the contaminants in the release is reduced to ambient levels through physico-chemical and microbiological processes.

53   Matters to be considered for decisions imposing monitoring conditions

(1)The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose monitoring conditions about the release of contaminants from the activity on the receiving environment.

(2)For considering whether to impose a monitoring condition, the administering authority must consider the following matters—

(a)the potential impact on the receiving environment of—

(i)the activity to which the decision relates; and

(ii)the release of the contaminant;

(b)the characteristics of the contaminant;

(c)the potential for a control measure to fail and the effect of a failure of a control measure on the receiving environment;

(d)the protocols relevant to monitoring the release of the contaminant;

(e)whether the monitoring should be continuous or intermittent.

(3)In this section—

monitoring condition, about the release of contaminants from an activity on the receiving environment, means a condition about any of the following matters—

(a)monitoring the quantity, quality, characteristics, timing and variability of the release;

(b)monitoring indicators of the effective operation of control measures;

(c)monitoring the characteristics of the receiving environment;

(d)assessing the effectiveness of remedial or rehabilitation measures;

(e)monitoring the impact of the release on the values, objectives and biota in the receiving environment;

(f)analysing monitoring data against objectives and standards including, for example, by predictive modelling;

(g)reporting the results of monitoring in a stated form and timeframe;

(h)reporting on the time and way in which the release is made to the receiving environment.

53A   Prescribed standard criteria for environmental management decisions

For schedule 4 of the Act, definition standard criteria, paragraph (l), an environmental objective assessment relating to an environmental management decision is prescribed.

Part 3    Additional regulatory requirements for particular environmental management decisions

54   Application of pt 3

If an environmental management decision relates to an activity mentioned in a provision in this part, the administering authority making the decision must comply with the provision in addition to part 2.

55   [Repealed]

56   [Repealed]

57   [Repealed]

58   Release of water or waste to wetlands for treatment

(1)This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of water or waste to a wetland for treatment.

(2)The administering authority must refuse to grant the application if the authority considers that, because of the activity—

(a)the wetland will be destroyed or reduced in size; or

(b)the biological integrity of the wetland may not be maintained.

59   [Repealed]

60   [Repealed]

61   [Repealed]

62   [Repealed]

63   Activity involving direct release of waste to groundwater

(1)This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of waste directly to groundwater (the receiving groundwater).

Example of direct release of waste to groundwater—

an activity involving the release of contaminated water to groundwater through a well, deep-well injection or a bore

(2)The administering authority must refuse to grant the application if the authority considers—

(a)for an application other than an application relating to an environmental authority for a petroleum activity—the waste is not being, or may not be, released entirely within a confined aquifer; or

(b)the release of the waste is affecting adversely, or may affect adversely, a surface ecological system; or

(c)the waste is likely to result in a deterioration in the environmental values of the receiving groundwater.

(3)In this section—

confined aquifer means an aquifer that is contained entirely within impermeable strata.

Chapter 5    Matters relating to environmental management and environmental offences

Part 1    Categorisation of commercial and industrial waste

Division 1 Regulated waste, category 1 regulated waste and category 2 regulated waste

64   Meaning of regulated waste

(1)Regulated waste is waste that—

(a)is commercial or industrial waste; and

(b)is of a type, or contains a constituent of a type, mentioned in schedule 7, part 1, column 1.

(2)Waste prescribed under subsection (1) includes—

(a)for an element—any chemical compound containing the element; and

(b)anything that contains residues of the waste, including, for example, a container contaminated with the waste.

(3)However, waste is not regulated waste if the waste is of a type mentioned in schedule 7, part 3, division 1.

(4)Also, waste is not regulated waste if current test results for the waste state that—

(a)for each relevant attribute, the waste satisfies the requirement mentioned in—

(i)for solid waste—column 2 of the attribute table opposite the attribute; or

(ii)for liquid waste—column 3 of the attribute table opposite the attribute; and

(b)for each relevant substance, the concentration of the substance in the waste is less than the threshold mentioned in—

(i)for solid waste—column 2 of the substance table opposite the substance; or

(ii)for liquid waste—column 3 of the substance table opposite the substance.

64A   Meaning of category 1 regulated waste and category 2 regulated waste

(1)Regulated waste is category 1 regulated waste if—

(a)the waste is either—

(i)liquid waste; or

(ii)solid waste that does not have current test results; and

(b)both of the following apply—

(i)the waste is of a type, or contains a constituent of a type, mentioned in schedule 7, part 1, column 1;

(ii)the category mentioned in schedule 7, part 1, column 2 opposite the type is category 1.

(2)Also, regulated waste is category 1 regulated waste if—

(a)the waste is solid waste; and

(b)current test results for the waste state that—

(i)the pH of the waste is less than 2 or more than 12.5; or

(ii)for a relevant substance, the concentration of the substance in the waste is more than the threshold mentioned in column 2 of the threshold table opposite the substance.

(3)Category 1 regulated waste includes anything that contains residues of the waste, including, for example, a container contaminated with the waste.

(4)Category 2 regulated waste is regulated waste other than category 1 regulated waste.

Division 2 Testing waste

64B   Purpose of division

This division states requirements for sampling and testing commercial or industrial waste for working out whether the waste is—

(a)general waste; or

(b)category 1 regulated waste; or

(c)category 2 regulated waste.

64C   Taking samples

A sample for the testing of commercial or industrial waste must be—

(a)taken by an appropriately qualified person; and

(b)taken under a protocol.

64D   Testing samples

A sample of commercial or industrial waste must be tested—

(a)by an appropriately qualified person; and

(b)under a protocol; and

(c)for each relevant attribute; and

(d)for each relevant substance.

64E   Retesting of waste

An authorised person may ask a person who generates waste to retest the waste under this division if the authorised person reasonably suspects—

(a)if the waste is general waste—the waste would, if retested under this division, become regulated waste; or

(b)if the waste is category 2 regulated waste—the waste would, if retested under this division, become category 1 regulated waste.

64F   Results of testing

(1)The results (test results) of a test of commercial or industrial waste under section 64D are current for the waste from the date of the report for the test (the report date) until the earliest of the following—

(a)the end of 3 months after the report date;

(b)if an authorised person makes a request under section 64E—the date of the request;

(c)if the waste is retested under this division—the report date for the retest.

(2)Test results for waste generated by an activity continue to be current test results for further waste generated by the same activity until either of the following changes in a material way—

(a)the activity;

(b)the waste generated by the activity.

Examples of when waste generated by an activity changes in a material way—

1Materials of a different type or quality become involved in the generation of the waste.

2New or different processes become involved in the generation of the waste.

(3)In this section—

report, for a test, means a report, written by the person who conducted the test, stating the results of the test.

64G   Offence relating to sampling and testing

A person must not wilfully—

(a)tamper with a sample of waste taken under section 64C; or

(b)interfere with the testing of a sample of waste under section 64D; or

(c)otherwise jeopardise the accuracy of test results for waste.

Maximum penalty—100 penalty units.

Division 3 Notification, reporting and record keeping

64H   Definitions for division

In this division—

generator, of tested waste, means the person who generates the waste.

prescribed information, for a load of tested waste transported to a receiver, means information about—

(a)whether the load is general waste or regulated waste; and

(b)if the load is regulated waste—whether the load is category 1 regulated waste or category 2 regulated waste; and

(c)the current test results for the waste.

receiver, of tested waste, means a person to whom the waste is transported.

tested waste means waste that has current test results.

64I   Generator must notify and report changes

(1)This section applies if—

(a)on the retesting of general waste under division 2, the waste becomes regulated waste; or

(b)on the retesting of category 2 regulated waste under division 2, the waste becomes category 1 regulated waste.

(2)The generator of the waste must notify the administering authority of the change within 24 hours after receiving the test results for the retesting.

Maximum penalty—20 penalty units.

(3)Within 10 business days after receiving the test results for the retesting of the waste, the generator of the waste must give the administering authority a written report stating—

(a)the test results for the retesting; and

(b)the results of testing last carried out for the waste under division 2 before the test results mentioned in paragraph (a) were received; and

(c)the results of any further testing of the waste to confirm the test results mentioned in paragraph (a); and

(d)if a load of the waste is being transported at the time of the change—details of the load, including the volume and destination of the load; and

(e)the action, if any, the generator proposes to take as a result of the change.

Maximum penalty—20 penalty units.

(4)A notice or report given by the generator under this section is not admissible in evidence against the generator in a prosecution for an offence against this Act.

(5)Subsection (4) does not prevent other evidence obtained because of the notice or report, or the giving of the notice or report, being admitted in any legal proceeding against the generator.

64J   Generator must keep records

(1)A generator of tested waste in the State must, for each load of the waste transported to a receiver, record the prescribed information for the load in the approved form.

Maximum penalty—20 penalty units.

(2)The generator must, before or when the load is given to a receiver, give the prescribed information for the load to the receiver.

(3)The generator must keep the record mentioned in subsection (1) for at least 5 years.

Maximum penalty—20 penalty units.

65   Receiver must keep records

(1)This section applies if a receiver in the State is given a load of tested waste.

(2)The receiver must, before or when the receiver is given the load, make a record of the prescribed information for the load in the approved form.

Maximum penalty—20 penalty units.

(3)Within 24 hours of becoming aware of an omission or inaccuracy in the prescribed information, the receiver must give written notice of the omission or inaccuracy to the administering authority.

Maximum penalty—20 penalty units.

(4)The receiver must keep the record mentioned in subsection (2) for at least 5 years.

Maximum penalty—20 penalty units.

66   [Repealed]

Part 1A    Public notice for notifying environmental harm

65A   Prescribed matters for Act, s 320, definition public notice

(1)For section 320 of the Act, definition public notice, the prescribed way is a way likely to bring the event, its nature and the circumstances in which it happened to the attention of—

(a)if the public notice is required to be given under section 320C(3)(b) of the Act—the persons on the affected land; or

(b)if the public notice is required to be given under section 320D(3)(b) of the Act—the persons at the affected land.

(2)Also for that definition, the prescribed circumstances are all circumstances in which a public notice for an event must be given—

(a)under section 320C(3)(b) of the Act unless a written notice is given under section 320C(3)(a) of the Act for the event; or

(b)under section 320D(3)(b) of the Act unless a written notice is given under section 320D(3)(a) of the Act for the event.

(3)Without limiting subsection (1), the prescribed way includes the following—

(a)by radio or television broadcast;

(b)in a newspaper;

(c)by erecting or installing a sign with a surface area of at least 1m² in the vicinity of the affected land.

(4)In this section—

event means an event mentioned in section 320A(1) of the Act.

66   [Repealed]

Part 2    Contaminated land

67   Prescribed waste for notifiable activity—Act, sch 3

Regulated waste is prescribed waste for schedule 3, item 37 of the Act.

Part 3    Noise

Division 1 Prescribed standards

68   Prescribed standards for particular noise standards

(1)For section 440K of the Act, definition background level, the prescribed standard is AS 1055.

(2)For section 440K of the Act, definitions Z Peak and Z Peak Hold, the prescribed standard is AS IEC 61672.

Editor’s note—

A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office at level 3, 400 George Street, Brisbane.

Division 2 Measuring noise

69   Purpose of div 2

This division provides for ways in which noise may be measured to help in deciding whether an environmental nuisance has been caused, or a noise standard has been contravened, by an emission of noise.

Note—

See sections 440 (Offence of causing environmental nuisance) and 440Q (Offence of contravening a noise standard) of the Act.

70   Definition for div 2

In this division—

source noise means a noise from a person, place or thing that—

(a)is measured over a time interval of at least 15 minutes or, if the noise continues for less than 15 minutes, the duration of the source noise; and

(b)allows for adjustments under AS 1055 for tonal character and impulsiveness of sound; and

(c)is quoted to the nearest whole number of decibels.

71   Measuring background level

Background level may be measured by applying the relevant procedure under—

(a)AS 1055; or

(b)the noise measurement manual.

72   Measuring source noise

Source noise may be measured by applying the relevant procedure under—

(a)AS 1055; or

(b)the noise measurement manual.

73   Measuring source noise for particular noise standards

(1)Source noise for a noise standard under section 440T, 440U or 440V of the Act may be measured as L_{A90, T}.

(2)Source noise for a noise standard under section 440W, 440X or 440Y of the Act may be measured as L_Aeq,T.

(3)In this section—

L_{Aeq, T} means the value of the A-weighted sound pressure level of a continuous steady sound that within a measurement time interval (T) has the same mean square sound pressure as a sound under consideration the level of which varies over time.

74   Measurement of noises of same type from same premises

If 2 or more noises of the same type happen simultaneously at the same premises, they may be measured as if they are 1 noise of that type happening at the premises.

Examples—

1A number of concerts happen simultaneously at different places at the same premises. A building is affected by noise from more than 1 of the concerts. The noises may be measured as if they were from 1 concert.

2A premises is used as a stopover depot for trucks with refrigerators. A building is affected by noise from the use of more than 1 of the refrigerators. The noises may be measured as if they were from 1 refrigerator.

75   Prescribed instruments—Act, s 490(8)

Each instrument, equipment and installation identified in AS IEC 61672 is prescribed for section 490(8) of the Act.

76   Evidentiary provision

A copy of each of the following is admissible in evidence in a proceeding under the Act—

(a)AS 1055;

(b)the noise measurement manual.

Part 4    Water contamination

77   Prescribed water contaminants for Act, ch 8, pt 3C

Each of the contaminants mentioned in schedule 9 is prescribed as a contaminant for chapter 8, part 3C of the Act.

Part 5    Air contamination

78   Prescribed standard for particular offences relating to air contamination

For section 440ZL of the Act, an Australian and New Zealand standard as in force from time to time under each of the following designations (regardless of the edition or year of publication of the standard) is a prescribed standard—

(a)AS/NZS 4012 (Domestic solid fuel burning appliances–Method for determination of power output and efficiency);

(b)AS/NZS 4013 (Domestic solid fuel burning appliances–Method for determination of flue gas emission).

Part 6    Record keeping requirements for particular fuel suppliers

79   Application of pt 6

This part states the records that a person must keep under section 440ZY(2) of the Act.

80   Records kept by manufacturer

(1)This section applies if the person manufactures the fuel.

(2)The person must keep records of the following matters—

(a)the kind and grade of fuel manufactured, or its product code;

(b)the quantity of fuel manufactured;

(c)details of any testing done on the fuel, including—

(i)the date of each test; and

(ii)records by which the fuel tested can be traced to delivery docket numbers for the fuel; and

(iii)the test methods used; and

(iv)the results of the tests;

(d)for each supply of fuel—

(i)how the fuel was supplied; and

(ii)the quantity supplied; and

(iii)the kind and grade of fuel, or its product code; and

(iv)to whom it was supplied; and

(v)delivery docket numbers;

(e)records by which the fuel supplied can be traced to delivery docket numbers for the fuel;

(f)records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;

(g)stock reconciliation records.

(3)Subsection (2)(g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.

81   Records kept by importer

(1)This section applies if the person imports the fuel.

(2)The person must keep records of the following matters—

(a)the kind and grade of fuel manufactured, or its product code;

(b)the quantity of fuel manufactured;

(c)details of any testing done on the fuel, including—

(i)the date of each test; and

(ii)records by which the fuel tested can be traced to delivery docket numbers for the fuel; and

(iii)the test methods used; and

(iv)the results of the tests;

(d)for each supply of fuel—

(i)how the fuel was supplied; and

(ii)the quantity supplied; and

(iii)the kind and grade of fuel, or its product code; and

(iv)to whom it was supplied; and

(v)delivery docket numbers;

(e)records by which the fuel supplied can be traced to delivery docket numbers for the fuel;

(f)records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;

(g)stock reconciliation records.

(3)Subsection (2)(g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.

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 and near threatened 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.

Part 8    Statutory condition for environmental authority for particular resource activities

81B   Prescribed maximum amount for chemicals—Act, s 206

(1)For section 206(4)(a) of the Act, definition restricted stimulation fluids, the prescribed maximum amounts are as follows—

(a)for benzene—1 part in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;

(b)for ethylbenzene—80 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;

(c)for toluene—180 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;

(d)for m-xylene—75 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;

(e)for o-xylene—350 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;

(f)for p-xylene—200 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid.

(2)For section 206(4)(b) of the Act, definition restricted stimulation fluids, the prescribed maximum amount of a chemical is the amount of the chemical that produces or would be likely to produce, whether on its own or in combination with another chemical, more than any of the following as it breaks down in the environment—

(a)1 part in a billion of benzene;

(b)80 parts in a billion of ethylbenzene;

(c)180 parts in a billion of toluene;

(d)75 parts in a billion of m-xylene;

(e)350 parts in a billion of o-xylene;

(f)200 parts in a billion of p-xylene.

(3)To remove any doubt, it is declared that the amount of a chemical mentioned in subsection (1) or (2) is not measured in relation to water included in the restricted stimulation fluid.

Part 9    Waste tracking

Division 1 Preliminary

81C   Waste transportation to which this part applies

(1)This part applies to the transportation of regulated waste of a type stated in schedule 2E (trackable waste).

(2)However, this part does not apply to—

(a)the non-commercial transportation of less than 250kg of trackable waste; or

(b)the transportation of trackable waste in a pipeline; or

(c)the transportation of trackable waste under an exemption given by the administering authority under section 81Y; or

(d)the transportation of trackable waste in a container if—

(i)the amount of trackable waste is not more than 5% of the capacity of the container; and

(ii)the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or

(e)the transportation of power station fly ash to a place for use in the treatment of waste in a way that involves combining the waste with the ash; or

(f)the transportation of trackable waste to an accredited laboratory for analysis; or

(g)the transportation of trackable waste in an emergency, if the transportation is to protect the environment, human health or property; or

(h)the transportation of chemicals from a farm if—

(i)the chemicals are transported by—

(A)the owner or occupier of the farm; or

(B)another person for free; and

(ii)the chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or

(i)the transportation of trackable waste in accordance with a product recall—

(i)by the Australian Pesticides and Veterinary Medicines Authority; or

(ii)reported to Food Standards Australia New Zealand; or

(iii)by the Therapeutic Goods Administration; or

(j)the transportation of trackable waste to a place for use as stock food; or

(k)the transportation of trackable waste to a farm for use as a soil conditioner or fertiliser.

(3)In this section—

accredited laboratory means a laboratory accredited by the National Association of Testing Authorities.

81D   Waste handlers

(1)If there is a transportation of trackable waste to which this part applies, the following persons are the waste handlers for the waste—

(a)the person (the generator) from whom the trackable waste is transported (whether the person generated the waste or received it from someone else);

(b)the person (the transporter) who transports the waste;

(c)the person (the receiver) to whom the waste is transported.

(2)If a person acts in more than 1 of the capacities mentioned in subsection (1), the person must comply with this part for each of the capacities.

Example—

A person generates a load of trackable waste and transports it to someone else for treatment. The first person must comply with this part, in relation to the load, as both the generator and transporter of the waste.

81DA    Fee for giving prescribed information

(1)A waste handler must pay the fee stated in this section to the chief executive when the waste handler gives prescribed information about the transportation of trackable waste to the administering authority.

(2)The fee is—

(a)for information given in the way prescribed under section 81F(a)—$5.20; or

(b)for information given in the way prescribed under section 81F(b)—$3.05; or

(c)for information given in the way prescribed under section 81F(c) or (d)—$2.18 for each load of trackable waste mentioned in the form used to give the information.

Division 2 Prescribed matters for giving of information

81E   Prescribed information

For this part, the prescribed information that a waste handler must record, or give to the administering authority or another waste handler, is the relevant information stated in schedule 2F.

81F    Prescribed way of giving information

The prescribed way of giving prescribed information about the transportation of trackable waste is giving the information—

(a)using the paper form of the prescribed form; or

(b)using the electronic form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or

(c)using the electronic spreadsheet form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or

(d)in a way approved under section 81W.

81G   Prescribed time for giving information

For this part, the prescribed time for giving prescribed information about waste to the administering authority is—

(a)if the information is given in the prescribed form—

(i)for information given in the way prescribed under section 81F(a) or (b)—7 days; or

(ii)for information given in the way prescribed under section 81F(c)—7 days after the end of the month in which the transportation of the trackable waste ended; or

(b)if the information is given in a way approved by the administering authority under section 81W—the time stated by the administering authority in the approval.

Division 3 Obligations of waste handlers

Subdivision 1 Transportation within Queensland

81H   Application of sdiv 1

This subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver in Queensland.

81I   Responsibilities of generator

(1)When the generator gives the waste to the transporter, the generator must—

(a)give to the transporter the prescribed information about the waste in the prescribed form; and

(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after giving the waste to the transporter.

Maximum penalty—20 penalty units.

(3)The generator must keep the record mentioned in subsection (1)(b) for at least 5 years.

Maximum penalty—20 penalty units.

81J   Responsibilities of transporter

(1)While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 81I(1)(a).

Maximum penalty—20 penalty units.

(2)When the transporter gives the waste to the receiver, the transporter must—

(a)give to the receiver the prescribed information about the waste; and

(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(3)Within 7 days of becoming aware of a discrepancy in information received from the generator under section 81I(1)(a), the transporter must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(4)The transporter must keep the record mentioned in subsection (2)(b) for at least 5 years.

Maximum penalty—20 penalty units.

81K   Responsibilities of receiver

(1)When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after receiving the waste from the transporter.

Maximum penalty—20 penalty units.

(3)Within 7 days of becoming aware of a discrepancy in the information received from the transporter under section 81J(2)(a), the receiver must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(4)The receiver must keep the record mentioned in subsection (1) for at least 5 years.

Maximum penalty—20 penalty units.

81L   Responsibilities of waste handler acting in more than 1 capacity

(1)If a person is both the generator and the transporter—

(a)section 81I(1)(a) does not apply; and

(b)section 81I otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation; and

(c)section 81J(1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and

(d)section 81J(3) does not apply.

(2)If a person is both the transporter and the receiver—

(a)section 81J(2)(a) does not apply; and

(b)section 81K(3) does not apply; and

(c)sections 81J and 81K otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.

Subdivision 2 Transportation into Queensland

81M   Application of sdiv 2

This subdivision applies to the transportation of trackable waste from a generator outside Queensland to a receiver in Queensland.

81N   Responsibilities of transporter

(1)The transporter must not transport the waste into Queensland unless the administering executive has, under section 81X, assigned a consignment number to—

(a)the load being transported; or

(b)the loads being transported over a 12-month period.

Maximum penalty—20 penalty units.

(2)Before transporting the waste into Queensland, the transporter must obtain from the generator the information about the waste mentioned in schedule 2F, section 1(2), other than the generator’s identification number and a unique identifier for the load.

(3)While transporting the waste in Queensland, the transporter must carry a document—

(a)stating the consignment number, if any, assigned to the load by the administering executive; and

(b)containing the information mentioned in subsection (2).

Maximum penalty—20 penalty units.

(4)When the transporter gives the waste to the receiver, the transporter must—

(a)give to the receiver the prescribed information about the waste; and

(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(5)Within 7 days of becoming aware of a discrepancy in information obtained under subsection (2), the transporter must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(6)The transporter must keep the record mentioned in subsection (4)(b) for at least 5 years.

Maximum penalty—20 penalty units.

81O   Responsibilities of receiver

(1)When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after receiving the waste from the transporter.

Maximum penalty—20 penalty units.

(3)Within 7 days of becoming aware of a discrepancy in the information received from the transporter under section 81N(4)(a), the receiver must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(4)The receiver must keep the record mentioned in subsection (1) for at least 5 years.

Maximum penalty—20 penalty units.

81P   Responsibilities of waste handler acting in more than 1 capacity

If a person is both the transporter and the receiver—

(a)section 81N(4)(a) does not apply; and

(b)section 81O(3) does not apply; and

(c)sections 81N and 81O otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.

Subdivision 3 Transportation out of Queensland

81Q   Application of sdiv 3

This subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver outside Queensland.

81R   Responsibilities of generator

(1)When the generator gives the waste to the transporter, the generator must—

(a)give to the transporter the prescribed information about the waste; and

(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after giving the waste to the transporter.

Maximum penalty—20 penalty units.

(3)The generator must keep the record mentioned in subsection (1)(b) for at least 5 years.

Maximum penalty—20 penalty units.

81S   Responsibilities of transporter

(1)While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 81R(1)(a).

Maximum penalty—20 penalty units.

(2)Within 7 days of becoming aware of a discrepancy in information received from the generator under section 81R(1)(a), the transporter must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

81T   Responsibilities of waste handler acting in more than 1 capacity

If a person is both the generator and the transporter—

(a)section 81R(1)(a) does not apply; and

(b)section 81R otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation of the waste; and

(c)section 81S(1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and

(d)section 81S(2) does not apply.

Division 4 Miscellaneous

81U   Application of provisions to agents

(1)This section applies if—

(a)a waste handler is required by a provision of division 3 (the waste tracking provision) to do something; and

(b)the waste handler enters a written agreement with another person (the agent) to do the thing for the waste handler; and

(c)the agreement states the agent is aware of subsection (3).

(2)It is a defence to a charge of contravening the waste tracking provision for the waste handler to show—

(a)the waste handler entered the agreement with the agent; and

(b)the contravention was directly caused by a failure of the agent to do something in compliance with the agreement.

(3)The waste tracking provision applies to the agent, to the extent the agent has agreed to do something required by the provision, as if a reference in the provision to the waste handler were a reference to the agent.

81V   Giving information to administering authority in prescribed form

(1)The chief executive must prepare forms (each a prescribed form) for use in giving information to the administering authority under division 3.

(2)Each form mentioned in section 81F(a) or (b) must be marked with a unique identifier consisting of numbers, letters or both.

(2A)If a waste handler gives information in a form mentioned in section 81F(c), the waste handler must ensure a unique identifier (consisting of numbers, letters or both) is stated for each load of trackable waste mentioned in the form.

(3)The chief executive must make the forms available to the public, whether published on the department’s website or otherwise, on payment of a reasonable fee.

(4)If a person obtains a prescribed form from the chief executive and uses it to give information to the administering authority under division 3 about the transportation of trackable waste, the number marked on the form under subsection (2) is the unique identifier for the load of waste.

81W   Approval of ways of giving information to administering authority

(1)A person may apply to the administering executive for approval of a particular way of giving prescribed information to the administering authority under division 3.

(2)The applicant must, within the time required by the administering executive—

(a)give the administering executive the information the executive reasonably requires to decide the application; and

(b)pay the reasonable fee required by the executive for assessing the application.

(3)If the applicant does not comply with subsection (2), the application lapses.

(4)The administering executive may approve the way of giving prescribed information if the executive is satisfied—

(a)it is a reliable, effective, timely and efficient way for the information to be given to the administering authority; and

(b)the information will be secure while it is being given; and

(c)the information will be given in a form that enables the authority to access, record and otherwise deal with the information; and

(d)it includes a system for assigning an appropriate unique identifier (consisting of numbers, letters or both) to each transportation of trackable waste for which information is given; and

(e)it would otherwise be an appropriate way for the information to be given.

Example—

The administering executive may approve a system under which a person transmits information from the person’s database direct to the administering authority in a particular electronic form. Under the system, the information given about the transportation of a load includes a unique identifier consisting of the first 3 letters of the transporter’s name, the date and the number of the load being transported on that day.

(5)An approval under subsection (4) may be given on reasonable conditions.

(6)After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following—

(a)whether the application is approved or refused;

(b)if the application is approved—

(i)any conditions of the approval; and

(ii)the prescribed time for giving the information;

(c)if the application is refused—the reasons for the decision;

(d)the review of appeal details for the decision.

(7)If the administering executive has not decided the application by the due day, the application is taken to have been refused.

(8)To remove doubt, it is declared that the administering executive may approve, under this section, a way of giving information, even though no-one has applied for the approval.

(9)In this section—

due day, for deciding an application, means—

(a)the sixtieth day after the application is made, not including a day the administering executive asks for information under subsection (2)(a), a day the applicant gives the requested information, and any days in between; or

(b)any later day agreed between the administering executive and the applicant.

81X   Consignment numbers for waste transported into Queensland

(1)A person may apply to the administering executive for a consignment number for—

(a)a load of trackable waste to be transported into Queensland from another State; or

(b)loads of trackable waste to be transported into Queensland from another State over a 12-month period.

(2)The application must be in the approved form.

(3)The applicant must give to the administering executive any of the following information the executive requests—

(a)information mentioned in schedule 2F, section 1, about the load;

(b)information the executive reasonably requires to decide the application.

(4)The administering executive must approve the application for a consignment number if the executive is satisfied—

(a)the intended transporter holds, or is acting under, an environmental authority for transporting the waste to the intended receiver; and

(b)the intended receiver holds, or is acting under, an environmental authority for carrying out the intended treatment of the waste.

(5)After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following—

(a)whether the application is approved or refused;

(b)if the application if approved—the consignment number assigned to the load or loads of trackable waste;

(c)if the application is refused—

(i)the reasons for the decision; and

(ii)the review or appeal details for the decision.

(6)If the administering executive has not decided the application by the due day, the executive is taken to have refused the application.

(7)In this section—

due day, for deciding an application, means—

(a)the tenth business day after the application is made, not including a day the administering executive asks for information under subsection (3), a day the applicant gives the requested information, and any days in between; or

(b)any later day agreed between the administering executive and the applicant.

intended treatment, for trackable waste to be transported into Queensland, means the way the waste is to be treated, disposed of, stored or otherwise dealt with by the receiver.

81Y   Exemptions

(1)A person may apply to the administering authority for an exemption for the transportation of trackable waste to which this part applies.

Note—

See section 81C for the trackable waste to which this part applies.

(2)The person must give the administering authority the information the authority reasonably requires to decide the application.

(3)The administering authority may grant the exemption if the authority is satisfied the waste does not show any environmentally significant characteristics.

Example—

A person operates a food processing facility. Waste from the facility includes filter cake (a trackable waste), which the person sends away for disposal at the end of each week. The filter cake derives only from the washing of vegetables and consists almost entirely of sand and dirt. Analysis of the filter cake establishes that it does not show any environmentally significant characteristics.

The administering authority decides to grant the person an exemption for the transportation of each of these weekly loads. The exemption is given on conditions about the process that generates the filter cake, to ensure it will not show any environmentally significant characteristics.

(4)An exemption may be given on reasonable conditions.

(5)After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following—

(a)whether or not the exemption is granted;

(b)if the exemption is granted—any conditions of the exemption;

(c)if the exemption is refused—the reasons for the decision;

(d)the review or appeal details for the decision.

(6)If the administering authority has not decided the application for exemption by the due day, the authority is taken to have refused the application.

(7)In this section—

due day, for deciding an application, means—

(a)the thirtieth day after the application is made, not including a day the administering authority asks for information it reasonably requires to decide the application, a day the applicant gives the requested information, and any days in between; or

(b)any later day agreed between the administering authority and the applicant.

81Z   Emergencies

If a person is charged with an offence against a provision of this part, it is a defence to the charge for the person to prove the act or omission constituting the failure to comply with the provision—

(a)was carried out, or happened, in the exercise of a power under chapter 9, part 4 of the Act; or

(b)was carried out, or happened, under an emergency direction; or

(c)was reasonably necessary because of an emergency.

81ZA   Trackable waste to be given only to licensed transporter

(1)A generator of trackable waste must not give the waste to another person to transport it for a fee or reward, or in a load of more than 250kg, in a vehicle unless the other person holds, or is acting under, an environmental authority for transporting the waste in the vehicle.

Maximum penalty—20 penalty units.

(2)If a person is charged with an offence under subsection (1), it is a defence to the charge for the person to prove there were reasonable grounds for believing the other person had an environmental authority for transporting the waste in the vehicle.

81ZB   Generator identification number

On application by a person in the approved form, the administering executive must assign the person a generator identification number.

Note—

The generator identification number is mentioned in the prescribed information for a generator under schedule 2F, section 1.

Chapter 5A    Waste management by local governments

Part 1    Preliminary

81ZC   Application of ch 5A

This chapter applies to a local government area unless—

(a)the local government for the area makes a local law about waste management for the area; and

(b)the local law states it replaces this chapter.

81ZD   References to local government

In this chapter, a reference to a local government in the context of dealing with waste produced at relevant premises is a reference to the local government for the local government area in which the relevant premises is situated.

81ZE   Meaning of serviced premises

Relevant premises in a local government area are serviced premises if—

(a)the relevant premises are in an area designated by the local government under the Waste Reduction and Recycling Regulation 2011, section 7 as an area in which the local government may conduct general waste collection; or

(b)the local government has required the owner or occupier of the relevant premises to arrange for removal of general waste from the relevant premises.

Part 2    Waste management in local government areas

Division 1 Storage of general waste

81ZF   Owner or occupier of relevant premises to supply waste containers

(1)The owner or occupier of relevant premises in a local government area must—

(a)subject to subsection (2), supply enough standard general waste containers at the relevant premises to contain the general waste produced at the premises; or

(b)if required by the local government, supply at the relevant premises, enough waste containers, other than standard general waste containers, to contain the general waste produced at the relevant premises.

Examples of ways a local government may require waste containers for paragraph (b)—

by a local law, resolution of the local government, development approval for the premises

Maximum penalty—20 penalty units.

(2)However, subsection (1)(a) does not apply if the local government supplies to the relevant premises the number of standard general waste containers the local government reasonably considers is required at the relevant premises.

(3)If the local government supplies a standard general waste container to relevant premises under subsection (2), the reasonable cost of supplying the container is a debt payable by the owner or occupier of the relevant premises to the local government.

(4)However, subsection (3) does not prevent a local government from supplying a standard general waste container to relevant premises without cost to the owner or occupier of the relevant premises.

81ZG   Requirements for storing general waste in waste containers

(1)The occupier of relevant premises must—

(a)store general waste at the relevant premises in a standard general waste container or, if required by the local government, in another type of waste container; and

Examples of ways a local government may require waste to be stored in another type of waste container—

by a local law, resolution of the local government, development approval for the premises

(b)keep each waste container at the relevant premises clean and in good repair; and

(c)ensure that each waste container at the relevant premises is securely covered, except when the waste is being placed in, or removed from, the container or the container is being cleaned.

Maximum penalty—20 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 or cleaning 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—20 penalty units.

(3)The occupier of the relevant 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—20 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.

81ZH   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 be kept at a particular place at the premises—at the place; or

Examples of ways a local government may require waste containers to be kept at a particular place—

by a local law, resolution of the local government, development approval for the premises

(b)otherwise—at ground level close to the rear alignment of a building at the premises.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not prevent the occupier of the serviced premises from placing a waste container in a place outside the premises for the collection of general waste from the container, if—

(a)the local government has arranged to collect waste from the container at the place; and

(b)the container is in the place 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 place outside serviced premises—

the kerb adjacent to the serviced premises

(3)If a local government has arranged for the collection of general waste from a waste container at the serviced premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste.

Maximum penalty—20 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.

81ZI   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 suitable operator for a prescribed environmentally relevant activity carried out at the premises;

(c)the holder of an environmental authority 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; or

(ii)an imperviously paved area, drained as required by the local government, where all waste containers can be placed;

(b)a 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.

Examples of ways a local government may require a prescribed person to comply with subsection (2)—

by a local law, resolution of the local government, development approval

Maximum penalty for subsection (2)—20 penalty units.

Division 2 Removal of general waste

81ZJ   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 relevant premises.

(2)The local government may give the occupier of the relevant premises a written 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.

81ZK   Depositing or disposal of general waste from premises other than serviced premises

(1)This section applies if general waste is produced at a relevant premises, other than serviced premises.

(2)The local government may—

(a)give a written approval to the owner or occupier of the relevant 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)—20 penalty units.

Division 3 Storage and treatment of industrial waste

81ZL   Requirements for storing industrial waste

(1)The occupier of relevant premises where there is industrial waste must, if required by the local government—

(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 a place at the premises the local government requires; and

(c)keep each waste container clean and in good repair.

Examples of ways a local government may require compliance with subsection (1)—

by a local law, resolution of the local government, development approval

Maximum penalty—20 penalty units.

(2)If the occupier does not supply at the relevant 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 an industrial waste container to relevant 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 means a waste container of a type approved by the local government for storing industrial waste at premises within the local government’s area.

81ZM   Requirement to treat industrial waste for disposal

The occupier of relevant 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.

Examples of ways a local government may require an occupier to treat industrial waste for disposal—

by a local law, resolution of the local government, development approval for the premises

Maximum penalty—40 penalty units.

Division 4 Compliance notices

81ZN   Authorised person may give notice to comply

•trichlorfon.

3C   Meaning of persistent organic pollutant (other)

Each of the following is a persistent organic pollutant (other)—

•chlordecone

•dioxins

•furans

•heptabromodiphenyl ether

•hexabromobiphenyl

•hexabromodiphenyl ether

•mirex

•pentabromodiphenyl ether

•pentachlorobenzene

•perfluorooctane sulfonic acid and its salts

•perfluorooctane sulfonyl fluoride (PFOS)

•tetrabromodiphenyl ether

•toxaphene.

3D   Meaning of polycyclic aromatic hydrocarbon

Each of the following is a polycyclic aromatic hydrocarbon—

•acenaphthene

•acenaphthylene

•anthracene

•benzo(a)anthracene

•benzo(a)pyrene

•benzo(b)fluoranthene

•benzo(ghi)perylene

•benzo(k)fluoranthene

•chrysene

•dibenzo(ah)anthracene

•fluorene

•fluoranthene

•indeno(1,2,3-cd)pyrene

•naphthalene

•phenanthrene

•pyrene.

4   Meaning of significantly disturbed land

(1)Land is significantly disturbed if—

(a)it is contaminated land; or

(b)it has been disturbed and human intervention is needed to rehabilitate it—

(i)to a condition required under the relevant environmental authority; or

(ii)if the environmental authority does not require the land to be rehabilitated to a particular condition—to the condition it was in immediately before the disturbance.

Examples of a disturbance to land—

•the covering, compaction, exposure, removal or stockpiling of soil or other material

•the destruction or removal of vegetation

•the carrying out of a mining activity in a watercourse or wetland

•the submergence of an area with a hazardous contaminant, tailings, or water

(2)Without limiting subsection (1)(b), land requires human intervention to rehabilitate it if—

(a)the disturbance has made the land more susceptible to erosion; or

(b)the land use capability or suitability of the land is diminished; or

(c)the quality of water in a watercourse downstream of the land has been significantly reduced.

(3)If land is significantly disturbed land because it is contaminated land, it ceases to be significantly disturbed land if a suitability statement is issued for the land.

(4)If land is significantly disturbed land under subsection (1)(b), it ceases to be significantly disturbed land if the administering authority is satisfied the land has been rehabilitated—

(a)to the condition it was in immediately before the disturbance; or

(b)to another condition decided by the administering authority.

5   Meaning and calculation of standard cattle unit

(1)A standard cattle unit is a unit of measurement based on the live weight of cattle.

(2)The number of standard cattle units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2.

Column 1	Column 2
Live weight (kg)	Number of standard cattle units
up to 350	0.67
more than 350 to 400	0.74
more than 400 to 450	0.81
more than 450 to 500	0.87
more than 500 to 550	0.94
more than 550 to 600	1.00
more than 600 to 650	1.06
more than 650 to 700	1.12
more than 700	1.18

6   Meaning and calculation of standard pig unit

(1)A standard pig unit is a unit of measurement based on types, or a combination of types and live weight, of pigs.

(2)In the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 is stated opposite in column 2.

Column 1	Column 2
Type of pig	Number of standard pig units
boar	1.6
gestating sow	1.6
gilt	1.8
lactating sow	2.5

(3)In the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 and a live weight mentioned opposite in column 2, is stated opposite the live weight in column 3.

Column 1	Column 2	Column 3
Type of pig	Live weight (kg)	Number of standard pig units
sucker	1.4 to 8	0.1
weaner	more than 8 to 25	0.5
grower	more than 25 to 55	1.0
finisher	more than 55 to 100	1.6
finisher	more than 100	1.8

7   Meaning and calculation of standard sheep unit

(1)A standard sheep unit is a unit of measurement based on the live weight of sheep.

(2)The number of standard sheep units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2.

Column 1	Column 2
Live weight (kg)	Number of standard sheep units
up to 25	0.519
more than 25 to 30	0.595
more than 30 to 35	0.667
more than 35 to 40	0.738
more than 40 to 45	0.806
more than 45 to 50	0.872
more than 50 to 55	0.937
more than 55 to 60	1.000
more than 60 to 65	1.062
more than 65 to 70	1.123
more than 70 to 75	1.182
more than 75	1.241

8   Meaning of watercourse

(1)A watercourse is a river, creek or stream in which water flows permanently or intermittently—

(a)in a natural channel, whether artificially improved or not; or

(b)in an artificial channel that has changed the course of the watercourse.

(2)A watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water.

Part 2    Other definitions

action has the meaning given by the Commonwealth Environment Act, chapter 8, part 23, division 1, subdivision A.

activity, for chapter 4, see section 47.

AES means aggregate environmental score.

aggregate environmental score, for an environmentally relevant activity, see section 14.

alluvial mining means excavating, in any way, unconsolidated, waterborne or weathered material (whether or not it is in a watercourse) and processing it by using chemical methods or gravity-separation to extract minerals from the material.

Examples—

gem, gold or tin mining from alluvial wash

animal waste means any discarded materials, including carcasses, body parts, blood or bedding, originating from animals contaminated with an agent infectious to humans or from animals inoculated during research, production of biologicals or pharmaceutical testing with infectious agents.

annual fee see section 118.

appropriately qualified person ...

approved EMS, for chapter 8, part 3, division 2, see section 123.

approved partner, for chapter 8, part 3, division 2, see section 124.

AS 1055 means ‘AS 1055–1997—Acoustics–Description and measurement of environmental noise’.

AS 1940 means ‘AS 1940–2004—The storage and handling of flammable and combustible liquids’.

AS IEC 61672 means ‘AS IEC 61672—Electroacoustics –Sound level meters’.

attribute table means schedule 7, part 3, division 2, table 1.

authority number, for an environmental authority, means the unique number issued for the environmental authority by the administering authority.

bed, of any waters—

(a)includes an area covered, permanently or intermittently, by tidal or non-tidal waters; but

(b)does not include land adjoining or adjacent to the bed that is from time to time covered by floodwater.

biological integrity, of water or a wetland, means the ability of the water or wetland 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 of the locality in which the water or wetland is located.

boat maintenance or repair facility means a facility on land or in water that is used to maintain or repair boats or seaplanes.

Examples of facilities—

cradles, dry docks and hardstand areas

category 1 regulated waste see section 64A(1) to (3).

category 2 regulated waste see section 64A(4).

category A environmentally sensitive area ...

category B environmentally sensitive area ...

certificate number ...

change of ownership, for chapter 9, part 3, see section 160.

characteristic, for chapter 4, see section 47.

chemical means—

(a)an agricultural chemical product or veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth); or

(b)a dangerous good under the dangerous goods code; or

(c)a drug or poison in the ‘Standard for the Uniform Scheduling of Drugs and Poisons’ compiled by the Australian Health Ministers’ Advisory Council and published by the Commonwealth; or

(d)a substance intended for use as—

(i)a fertiliser for agricultural, horticultural or garden use, other than mushroom growing substrate or compost; or

(ii)a paint solvent, pigment, dye, printing ink, industrial polish, adhesive, sealant, food additive, bleach, sanitiser, disinfectant, or biocide; or

(iii)a pesticide, insecticide, fungicide, herbicide, rodenticide, nematocide, miticide, fumigant or related product; or

(iv)a surface active agent, including, for example, soap and detergent; or

(e)class 1 or 2 combustible liquids under AS 1940.

chemical waste means waste generated from the use of chemicals in medical, dental, veterinary and laboratory procedures, including, for example, mercury, formalin and gluteraldehyde.

clay pit mining means excavating—

(a)waterborne or weathered material (whether or not it is in a watercourse) to extract clay for a use related to its ceramic properties; or

(b)kaolin; or

(c)bentonite.

clean earth means any natural substance found in the earth that is not contaminated with waste or a hazardous contaminant.

Examples—

clay, gravel, loam, rock, sand or soil

clinical waste means waste that has the potential to cause disease, including, for example, the following—

(a)animal waste;

(b)discarded sharps;

(c)human tissue waste;

(d)laboratory waste.

coal seam gas ...

coal seam gas water means underground water brought to the surface of the earth or moved underground in connection with exploring for or producing coal seam gas.

coal seam gas water management policy means the Coal Seam Gas Water Management Policy, dated December 2012, prepared by the department and published on its website.

commencement, for chapter 9, part 3, see section 160.

commercial, for an activity mentioned in schedule 2, means carried out for a fee or reward.

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.

Commonwealth approval, for a project, means the Commonwealth Minister’s approval of the action the subject of the project under the Commonwealth Environment Act, chapter 4, part 9.

Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act.

concurrence ERA see section 16.

conformity assessment body, for chapter 8, part 3, division 2, see section 122.

consignment number means—

(a)for a load of waste transported from a generator outside Queensland—the number assigned to the load under section 81X(5); or

(b)for a load of waste transported to a receiver outside Queensland—any number assigned as a consignment number for the load under an equivalent law of the jurisdiction.

controlling provision, for a project, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the project under that Act, chapter 4, part 7, division 2.

control measure, for chapter 4, see section 47.

council means the National Environment Protection Council under the National Environment Protection Council (Queensland) Act 1994.

cresol means pure cresol and its chemical derivatives, including, for example, the following—

•2-methylphenol (o-cresol)

•3-methylphenol (m-cresol)

•4-methylphenol (p-cresol).

current test results, for waste, means test results—

(a)for the tests mentioned in section 64D for the waste; and

(b)that are current for the waste under section 64F.

cytotoxic drug means a drug known to have carcinogenic, mutagenic or teratogenic potential.

daily peak design capacity, in relation to sewage treatment, see schedule 2, section 63(4).

dangerous goods means dangerous goods under the dangerous goods code.

dangerous goods class means the class allocated to dangerous goods under the dangerous goods code.

dangerous goods code means the seventh edition of the ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’.

department’s website means the department’s website on the internet.

designated proponent, for a project, means the person designated as a proponent for the action the subject of the project under the Commonwealth Environment Act, section 75(3).

dimension stone mining means extracting rock and processing it by additional cutting or shaping for use for building or monumental purposes.

Example of rock extracted by dimension stone mining—

granite, limestone, marble, sandstone, slate

disposal code, for a way of disposing of waste, means the relevant code for the disposal operation stated in schedule 2H.

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.

eligibility ERA ...

eligible, for chapter 8, part 3, division 2, see section 122.

end-of-life tyre means a used tyre that is not attached to a vehicle.

environmental emission profile means the document ‘Environmental Emission Profiles—A tool to profile the relative risk of environmentally relevant activities under the Environmental Protection Regulation 2008’, published by the department.

Editor’s note—

A copy of the environmental emission profile is available, free of charge, during business hours from the department’s head office at level 3, 400 George Street, Brisbane. On the day this regulation was notified in the gazette, a copy of the document was also available on the department’s website.

environmentally significant characteristic means a characteristic mentioned in the MCW NEPM, schedule A, list 2, a copy of which is set out in schedule 2G.

environmental management decision, for chapter 4, see section 48.

environmental objective assessment means an assessment carried out in accordance with schedule 5, part 2.

EP or equivalent person ...

equivalent passenger unit see section 1 of this schedule.

ERA means an environmentally relevant activity.

facility, for an environmentally relevant activity, means, generally, the premises or other place used for the activity.

floodwater means water overflowing, or that has overflowed, from a watercourse onto or over riparian land that is not submerged when the watercourse flows between or is contained within its bed and banks.

general waste means—

(a)for chapter 5A, part 2—any of the following—

(i)commercial waste other than regulated waste;

(ii)domestic waste;

(iii)recyclable waste; or

(b)otherwise—waste other than regulated waste.

general waste ...

generator—

(a)for chapter 5, part 1, division 3, see section 64H; or

(b)for chapter 5, part 9, see section 81D(1)(a).

generator identification number, of a person, means the number assigned to the person under section 81ZB.

Great Barrier Reef wetland protection area ...

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.

groundwater means underground water.

hard rock mining means extracting material from underground, or open cut pits, and processing it by crushing or milling and using chemical methods or gravity-separation to extract minerals from it.

high consequence dam means a dam that is assessed as being in a high consequence category within the meaning of the document ‘Manual for assessing consequence categories and hydraulic performance of structures’ published by the department.

highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.

high hazard dam ...

human body parts means recognisable organs, bones and gross body parts but does not include teeth, gums, hair, nails, bone fragments or a placenta if it is to be retained by a parent or guardian.

human tissue waste means the following—

(a)tissue, blood, blood products and other body fluids that are removed from a person during surgery, an autopsy or another medical procedure;

(b)tissue, blood, blood products and other body fluids that are removed from a person during post-operative care or treatment;

(c)specimens of tissue, blood, blood products and other body fluids and containers in which the specimens are kept;

(d)discarded material saturated with, or containing, free-flowing blood and other body fluids.

industrial waste means—

(a)interceptor waste; or

(b)waste other than the following—

(i)commercial waste;

(ii)domestic waste;

(iii)domestic clean-up waste;

(iv)green waste;

(v)recyclable waste;

(vi)recyclable interceptor waste;

(vii)waste discharged to a sewer.

ineligible ERA ...

initial mixing zone, for chapter 4, see section 47.

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

interceptor waste means matter, other than recyclable interceptor waste, intercepted by, and held in, an interceptor.

interim period, for chapter 9, part 3, see section 160.

JAS-ANZ, for chapter 8, part 3, division 2, see section 122.

limited regulated waste means any of the following types of regulated waste—

(a)animal effluent and residues, including abattoir effluent and poultry and fish processing waste;

(b)asbestos;

(c)food processing waste;

(d)quarantine waste that has been rendered non-infectious;

(e)sewage sludge or residue produced in carrying out an activity to which schedule 2, section 63 applies;

(f)tyres.

liquid waste means waste that—

(a)has an angle of repose of less than 5 degrees above horizontal; or

(b)becomes free-flowing—

(i)at or below 60 degrees Celsius; or

(ii)when it is transported; or

(c)is generally not capable of being picked up by a spade or shovel.

local government road see the Transport Infrastructure Act 1994, schedule 6.

lower emissions score, for chapter 8, part 3, division 2, see section 125.

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.

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.

material, for chapter 4, see section 47.

matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1.

MCW NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure made by the National Environment Protection Council, on 26 June 1998, under the National Environment Protection Council Act 1994 (Cwlth).

member of QR Group, for chapter 9, part 3, see section 160.

monitoring, for chapter 4, see section 49.

naturally occurring surface waters includes artificial waterways that are directly connected to naturally occurring surface waters.

Example—

a canal connected to naturally occurring surface waters

noise measurement manual means the document called ‘Noise Measurement Manual’, published by the department.

Editor’s note—

The document is available for inspection during business hours at the department’s head office at level 3, 400 George Street, Brisbane and each regional office, and, on the day this regulation was notified in the gazette, was also available on the department’s website.

non-urban purposes ...

NPI NEPM see section 82.

opal mining means extracting material from underground or open cut pits and processing it by manually separating opal rock or by using gravity-separation to extract opal.

operating, in relation to sewage treatment works, see schedule 2, section 63(4).

packing group designator, for trackable waste, means the packing group designator applying to the waste under the dangerous goods code.

pharmaceutical product means a restricted drug under the Health (Drugs and Poisons) Regulation 1996.

phenol means pure phenol and its chemical derivatives, including, for example, the following—

•2-cyclohexyl-4,6-dinitrophenol

•2,4-dimethylphenol

•2.4-dinitrophenol

•2-methyl-4,6-dinitrophenol

•2-nitrophenol

•4-nitrophenol.

prescribed environmental management system, for chapter 8, part 3, division 2, see section 122.

prescribed form, for chapter 5, part 9, see section 81V(1).

prescribed information—

(a)for chapter 5, part 1, division 3, see section 64H; or

(b)for chapter 5, part 9, see section 81E.

prescribed time, for chapter 5, part 9, see section 81G.

prescribed way, for chapter 5, part 9, see section 81F.

product stewardship means—

(a)a product stewardship scheme under the Waste Reduction and Recycling Act 2011; or

(b)one of the following under the Product Stewardship Act 2011 (Cwlth)—

(i)an accredited voluntary arrangement;

(ii)an approved co-regulatory arrangement;

(iii)mandatory product stewardship requirements specified under part 4 of that Act.

project site, for an environmental authority, means a site where 1 or more environmentally relevant activities are carried out as a single integrated operation under the authority.

published, for chapter 6, see section 83.

QR Limited, for chapter 9, part 3, see section 160.

quarantine waste means quarantine waste material under the document called ‘Process Management System for the Storage of Quarantine Waste’, published by the Australian Quarantine and Inspection Service.

Editor’s note—

On the day this regulation was notified in the gazette, the document was available for inspection during office hours at the national office of the Commonwealth Department of Agriculture, Fisheries and Forestry at 18 Marcus Clarke Street, Canberra City ACT.

Queensland planning provisions ...

radioactive substance see the Radiation Safety Act 1999, schedule 2.

railway corridor see the Transport Infrastructure Act 1994, section 255(6).

receiver—

(a)for chapter 5, part 1, division 3, see section 64H; or

(b)for chapter 5, part 9, see section 81D(1)(c).

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

reduced annual fee, for chapter 8, part 3, division 2, see section 122.

registration number, of a motor vehicle, means its registration number under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

regulated waste see section 64.

related body corporate, for chapter 9, part 3, see section 160.

related waste means waste that constitutes, or is contaminated with, chemicals, cytotoxic drugs, human body parts, pharmaceutical products or radioactive substances.

relevant activity ...

relevant attribute, in relation to waste, means—

(a)if the waste is liquid waste—any of the attributes mentioned in column 1, items 1 to 6 of the attribute table; or

(b)if the waste is solid waste—an attribute mentioned in column 1, item 1 or 6 of the attribute table.

relevant authority ...

relevant impacts, for chapter 2 and schedule 1, means the impacts, including the potential for environmental harm—

(a)for a project prescribed under section 4(a)—a project has or will have, or is likely to have, on the matter protected by a controlling provision for the project; or

(b)for a project prescribed under section 4(b)—a project has or will have, or is likely to have, on the matters of national environmental significance.

relevant premises includes domestic, government and commercial premises.

relevant substance, in relation to waste, means a substance mentioned in the substance table, column 1 or the threshold table, column 1 that could reasonably be expected to be present in the waste having regard to—

(a)the source, type and quality of materials involved in the generation of the waste; and

(b)the way in which the waste was generated.

relevant site, for chapter 4, see section 47.

reporting period, for chapter 6, see section 83.

reporting requirement, for chapter 6, see section 83.

reporting threshold, for chapter 6, see section 83.

riverine area does not include land outside the flood flow channel of a watercourse.

scheduled area see section 15.

sensitive land use see the Planning Regulation 2017, schedule 24.

sensitive receptor means a sensitive receptor under any relevant environmental protection policies.

serviced premises, for chapter 5A, see section 81ZE.

shallow pit mining means extracting material from an open cut pit no more than 5m deep and processing the material to extract minerals.

sharp means an object or device having sharp points, protuberances or cutting edges that are capable of causing a penetrating injury to humans.

significant consequence dam means a dam that is assessed as being in a significant consequence category within the meaning of the document ‘Manual for assessing consequence categories and hydraulic performance of structures’ published by the department.

significant hazard dam ...

significantly disturbed ...

solid waste means waste other than liquid waste.

source noise, for chapter 5, part 3, division 2, see section 70.

standard cattle unit see section 2 of this schedule.

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.

standard pig unit see section 3 of this schedule.

standard sheep unit see section 4 of this schedule.

stated threshold, for a prescribed ERA to which a section under schedule 2 applies, means a threshold for carrying out the activity stated in the section.

State or local government entity means—

(a)the State; or

(b)a local government; or

(c)an instrumentality or agency of the State or a local government; or

(d)a government owned corporation; or

(e)a rail government entity under the Transport Infrastructure Act 1994.

storing, a quantity of a chemical, includes moving the chemical, or some of the chemical, within the site where the chemical is stored.

subsidiary risk, for trackable waste, means the subsidiary risk applying to the waste under the dangerous goods code.

substance table means schedule 7, part 3, division 2, table 2.

surface water, for chapter 4, see section 47.

tested waste, for chapter 5, part 1, division 3, see section 64H.

test results see section 64F(1).

threshold table means schedule 7, part 2.

trackable waste see section 81C(1).

trade waste approval ...

transporter, for chapter 5, part 9, see section 81D(1)(b).

Treasurer, for chapter 9, part 3, see section 160.

treated clinical waste means clinical waste that has been treated to render it non-infectious.

treatment code, for a way of treating waste, means the code for the treatment operation stated in schedule 2H.

unique identifier, for the transportation of a load of trackable waste, means—

(a)if the generator gives the administering authority information about the transportation in the prescribed form—the unique identifier marked on the form; or

(b)if the generator gives the administering authority information about the transportation in another way the administering executive has approved under section 81W—the unique identifier assigned under the approved way.

UN number, for trackable waste, means the United Nations number applying to the waste under the dangerous goods code.

untreated clinical waste means clinical waste, other than treated clinical waste, including, for example, clinical waste that has been only partly treated.

urban purposes ...

waste and resource management hierarchy see the Waste Reduction and Recycling Act 2011, schedule.

waste and resource management principles see the Waste Reduction and Recycling Act 2011, schedule.

waste code, for trackable waste, means the code for the waste stated in schedule 2E.

waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste.

waste handler means a generator, transporter or receiver of trackable waste.

Waste Management Regulation ...

waste reduction and recycling plan see the Waste Reduction and Recycling Act 2011, schedule.

water, for chapter 4, see section 47.

watercourse see section 8 of this schedule.

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.

within, a threshold, includes in accordance with the threshold.

year ...