Environmental Protection Regulation 2019 (Qld)

Environmental Protection Regulation 2019

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Environmental Protection Regulation 2019.

2   Commencement

This regulation commences on 1 September 2019.

3   Definitions

The dictionary in schedule 19 defines particular words used in this regulation.

3A   Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

(b)if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(c)if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

(d)if the result is more than $500—to the nearest dollar (rounding one-half upwards).

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)(f) of the Actif—

(a)the Commonwealth Minister has, under the Commonwealth Environment Act, chapter 4, part 8, division 3—

(i)decided an accredited assessment process must be used for assessment of the relevant impacts of the project; and

(ii)given notice of the decision; or

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

Part 2    EIS process

5   Application of part

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

(2)For a project mentioned in section 4(a), a step or action taken under the EIS process, before a notice mentioned in section 4(a) is given, is taken to be a step or action that complies with this part.

6   Prescribed matters for draft terms of reference—Act, s 41

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 and 52

(1)For sections 42(2)(f) and 52(1)(g) of the Act, the following matters are prescribed—

(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)any matter protected for the project.

(2)In this section—

matter protected means a matter protected that is 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—Act, ss 51 and 558

For sections 51(2)(b)(ii) and 558(3) of the Act, 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

(1)For section 59(e) of the Act, the following matters are prescribed—

(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 Actor 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 is the later of the following periods to end—

(a)20 business days after the chief executive gives 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(1) of the Act, the period 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 Actto 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.

Chapter 2A    Great Barrier Reef catchment

13   Great Barrier Reef catchment—Act, s 75

For section 75(1) of the Act, the map held by the department called ‘Great Barrier Reef catchment and river basins’ and dated 23 August 2018 is prescribed.

14   Lots taken to be in particular river basins

(1)For the purpose of applying this regulation, or an agricultural ERA standard approved under this regulation, all the land in a lot is taken to be in a particular river basin if more than 50% of the lot is in the basin.

(2)In this section—

lot means—

(a)a lot under the Land Title Act 1994; or

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994.

Chapter 3    Environmentally relevant activities

Part 1    Environmentally relevant activities—general matters

Division 1 Preliminary

15   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.

(2)The aggregate environmental score for a resource activity is the aggregate environmental score stated for the activity in the section under schedule 3 applying to the activity.

(3)However, subsection (4) applies for a resource activity mentioned in schedule 3, 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 3 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.

16   Meaning of scheduled area

A scheduled area is a local government area, or the part of a local government area, mentioned in schedule 4.

17   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.

18   References to carrying out particular environmental activities in a year

(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 3 to the activity being carried out in a year is a reference to the activity being carried out during—

(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

19   Activities prescribed as environmentally relevant activities—Act, s 19

(1)For section 19 of the Act, each activity to which a section under schedule 2 applies is a prescribed ERA.

(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.

(3)An activity mentioned in schedule 2, section 50 includes an activity carried out in a relevant Great Barrier Reef Marine Park area.

Note—

See section 19(1A) of the Act.

20   Activities prescribed as extractive activities—Act, s 120

For section 120(4) of the Act, definition extractive activity, the extractive and screening activities mentioned in schedule 2, section 16 are an extractive activity.

Division 3 Development application relating to concurrence ERAs

21   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)Each of the following matters is an assessment benchmark 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 8, part 3, division 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).

Division 4 Clinical waste disposal

22   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.

Part 2    Agricultural ERAs

Division 1 Prescribed methodologies for agricultural ERA standards

23   Prescribed methodologies for cultivation of bananas—Act, s 81

(1)This section prescribes, for section 81(6) of the Act, definition prescribed methodology, the methodology for working out the amount of nitrogen and phosphorus to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil, for the cultivation of bananas.

(2)The methodology is the methodology stated in the document called ‘Prescribed methodology for banana cultivation’ published on the department’s website.

24   Prescribed methodologies for cultivation of sugarcane—Act, s 81

(1)This section prescribes, for section 81(6) of the Act, definition prescribed methodology, the methodology for each of the following for the cultivation of sugarcane—

(a)working out the amount of nitrogen and phosphorus to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil;

(b)conducting tests of soil.

(2)The methodology for a matter mentioned in subsection (1) is the methodology for the matter stated in the document called ‘Prescribed methodology for sugarcane cultivation – version 2’ published on the department’s website.

Division 2 Agricultural ERA advice

25   Summary of tailored advice—Act, s 86

(1)This section prescribes, for section 86(3)(f) of the Act, the details that must be included in a summary of tailored advice.

(2)If the advice makes a recommendation about the application of a fertiliser product, the details are—

(a)the name, or a description, of the product; and

(b)the application rate recommended for the product; and

(c)the method of application recommended for the product; and

(d)the timing and frequency of application recommended for the product.

(3)In this section—

fertiliser product means a product that is, or contains, nitrogen or phosphorous.

Part 3    Prescribed matters for particular resource activities

26   Designated environmental areas

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

(a)for each agricultural research facility mentioned in schedule 5, 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, section 162;

(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.

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

For section 21A(1) of the Act, a prescribed condition for a small scale mining activity is a condition stated in schedule 6.

28   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 each of 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 each of 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 brine and salt—the prioritisation hierarchy for managing saline waste stated in the coal seam gas water management policy.

Part 4    ERA standards

29   Approved ERA standards—Act, s 318D

For section 318D of the Act, an ERA standard stated in a document mentioned in schedule 7 is approved.

Part 5    Plant or equipment for ERAs

29A   Types of plant or equipment for particular organic material processing—Act, s 580

(1)This section applies in relation to carrying out organic material processing—

(a)within 4km of the boundary of a residential zone; and

(b)using odorous feedstock.

(2)For section 580 of the Act—

(a)an enclosed system must be used to receive, store and initially mix the odorous feedstock; and

(b)to the extent the activity involves composting the odorous feedstock, either or both of the following systems must be used to compost the feedstock—

(i)an enclosed system;

(ii)an in-vessel system.

(3)In this section—

enclosed system, for carrying out organic material processing, means plant or equipment—

(a)comprising a system under which negative pressure is used in a building, or a section of a building; and

(b)that is designed, when used under paragraph (a), to minimise any adverse effect, or potential adverse effect, of the activity on odour.

in-vessel system, for carrying out organic material processing—

(a)means plant or equipment—

(i)comprising a system under which material is—

(A)covered or contained; and

(B)composted in a way that captures, filters or otherwise controls the release of gases; and

(ii)that is designed, when used under subparagraph (i), to minimise any adverse effect, or potential adverse effect, of the activity on odour; but

(b)does not include plant or equipment comprising a system under which the release of gases is controlled only by the use of semi-permeable membranes.

Chapter 4    Regulatory requirements

Part 1    Preliminary

Division 1 Purpose

30   Purpose of chapter

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

Division 2 Interpretation

31   Definitions for chapter

In this chapter—

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

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

(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 32.

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

monitoring see section 33.

PRCP schedule decision see section 32A.

surface water means water other than groundwater.

water includes water containing contaminants.

32   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, other than a PRCP schedule decision.

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

(a)an amendment application for an environmental authority that is for a minor amendment of the authority; or

(b)a surrender application for an environmental authority; or

(c)a progressive certification application under chapter 5A, part 6 of the Act.

32A   Meaning of PRCP schedule decision

(1)A PRCP schedule decision is a decision under the Act about a PRCP schedule for which the administering authority making the decision is required to comply with regulatory requirements.

(2)However, a PRCP schedule decision does not include a decision about an amendment application for a minor amendment (PRCP threshold).

33   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 matters—

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

(b)the effectiveness of any control measure;

(c)the 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

34   Application of part

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

35   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 8, part 3, divisions 1 and 2; and

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

(c)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

(d)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

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

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

(3)For an environmental management decision relating to a prescribed ERA, other than the prescribed ERA mentioned in schedule 2, section 13A, the administering authority making the decision must—

(a)carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8, part 3, division 1; and

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

(4)For an environmental management decision relating to the prescribed ERA mentioned in schedule 2, section 13A, the administering authority making the decision must—

(a)carry out an environmental objective assessment against the environmental objectives for water and groundwater mentioned in schedule 8, part 3, division 1, to the extent the performance outcomes for the environmental objectives relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and

(b)consider each environmental value, declared under this regulation, to the extent the value relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and

(c)if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on each environmental attribute for the area under the Regional Planning Interests Act 2014, to the extent the attribute relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and

(d)consider each of the following matters under a relevant environmental protection policy, to the extent the matter relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters—

(i)the management hierarchy;

(ii)environmental values;

(iii)quality objectives;

(iv)the management intent.

36   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 each of the following matters—

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

(b)implementing measures to prevent or minimise 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 may be released;

(g)managing 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)implementing 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—implementing 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.

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.

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

37   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 the activity to which the decision relates and 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)any protocol under the Act 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.

38   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

39   Application of part

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.

40   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 may be destroyed or reduced in size; or

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

(3)In this section—

biological integrity, of a wetland, means the ability of the 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 wetland is located.

41   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.

41AA    Release of particular contaminants to Great Barrier Reef catchment waters and other waters

(1)This section applies to the administering authority for making an environmental management decision relating to an activity (the relevant activity) that is, or will be, carried out in—

(a)the Great Barrier Reef catchment; or

(b)the coastal waters of the State that are between the following geodesic lines—

(i)a line running north from the point that is the most northern coastline of the State in the Great Barrier Reef catchment;

(ii)a line running east from the point that is the most southern coastline of the State in the Great Barrier Reef catchment.

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

(a)a prescribed ERA mentioned in schedule 2, section 16, to the extent the activity is dredging in waters mentioned in subsection (1)(b); or

(b)a prescribed ERA mentioned in schedule 2, section 13A.

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

(a)the relevant activity will, or may, have a residual impact; and

(b)having regard to the matters mentioned in the water quality offset policy, the residual impact will not be adequately counterbalanced by offset measures for the relevant activity.

(4)A residual impact of a relevant activity is the presence of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in subsection (1)(b), that—

(a)was released to the water because of the relevant activity; and

(b)remains, or is likely to remain, in the water despite mitigation measures for the relevant activity.

(5)For subsection (4), the presence of fine sediment must be detected by measuring total suspended solids.

(6)Mitigation measures, for a relevant activity, are activities carried out to avoid or minimise the release of fine sediment, or dissolved inorganic nitrogen, to Great Barrier Reef catchment waters, or waters mentioned in subsection (1)(b), because of the relevant activity being carried out.

(7)Offset measures, for a relevant activity, are activities carried out to reduce the load of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in subsection 1(b).

(8)For subsections (6) and (7), a mitigation measure, or an offset measure, for a relevant activity may be carried out at the place where the relevant activity is carried out or elsewhere.

(9)In this section—

load, of fine sediment, or dissolved inorganic nitrogen, in water, means the total mass of the fine sediment, or dissolved inorganic nitrogen, in the water, measured over a period of time.

water quality offset policy means the document called ‘Point source water quality offsets policy 2019’ published on the department’s website.

41AB   Transhipping activity within particular areas

(1)This section applies to the administering authority for making an environmental management decision relating to a transhipping activity.

(2)The administering authority must refuse to grant the application if the authority considers that all or part of the transhipping activity is to be carried out—

(a)in an area within the Great Barrier Reef Marine Park; or

(b)in an area that is—

(i)within the Great Barrier Reef World Heritage Area; but

(ii)not within a port area.

(3)A transhipping activity to be carried out in an area within the Great Barrier Reef Marine Park includes a transhipping activity to be carried out in a relevant Great Barrier Reef Marine Park area.

(4)In this section—

Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth).

41AC    Organic material processing

(1)This section applies to the administering authority for making an environmental management decision relating to organic material processing, if the activity is to be carried out within 4km of the boundary of a residential zone.

(2)The administering authority must, for making the environmental management decision, consider whether to impose either of the following conditions on the environmental authority—

(a)a condition to the effect that the relevant activity for the authority must not be carried out using odorous feedstock;

(b)if the relevant activity for the authority is to be authorised to be carried out using odorous feedstock—a condition to the effect that the activity must be carried out as mentioned in section 29A(2)(a) and (b).

Part 4    Regulatory requirements for PRCP schedule decisions

41A   Application of part

This part applies to the administering authority for making a PRCP schedule decision.

41B   Requirements for PRCP schedule decisions

(1)The administering authority must, for making the PRCP schedule decision—

(a)carry out a PRCP objective assessment against each PRCP objective, and PRCP performance outcome for each PRCP objective, mentioned in schedule 8A, part 3; and

(b)consider any environmental values declared under this regulation; 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.

(2)The administering authority may approve or amend a PRCP schedule only if each PRCP objective for the PRCP schedule is achieved under schedule 8A.

41C    Additional requirement for PRCP schedule decisions—void situated wholly or partly in flood plain

(1)Subsections (2) and (3) apply for making the PRCP schedule decision if land the subject of the PRCP schedule may contain a void situated wholly or partly in a flood plain.

(2)The administering authority must consider the results of flood plain modelling carried out in relation to the land the subject of the PRCP schedule.

(3)The administering authority must treat the land as a flood plain to the extent the results of the flood plain modelling show that, when all relevant activities carried out on the land have ended, the land is the same height as, or lower than, the level modelled as the peak water level 0.1% AEP for a relevant watercourse under the ARR.

(4)If the administering authority is satisfied land the subject of a PRCP schedule contains a void situated wholly or partly in a flood plain, the administering authority may approve or amend the schedule only if it provides for rehabilitation of the land comprising the void, to the extent it is situated in the flood plain, to a stable condition.

(5)In this section—

AEP has the meaning given under the ARR.

ARR means the guideline called the Australian Rainfall and Runoff published by the Commonwealth.

Note—

The ARR is available on the Australian Rainfall and Runoff website at feature, for land the subject of a PRCP schedule, means—

(a)a structure or feature that is temporary and, under the PRCP schedule or otherwise, is to be removed from the land; or

(b)a structure or feature that, under the PRCP schedule, will require a level of maintenance after the land is surrendered that is greater than the level of maintenance that would be required for the land if the relevant activities the subject of the PRCP schedule had not been carried out; or

(c)a feature forming part of the landform of the land, other than the natural landform, if the feature interferes with or affects—

(i)a relevant watercourse; or

(ii)the natural flow of water on the land.

flood plain modelling, for land the subject of a PRCP schedule, means modelling of the landform of the land—

(a)carried out under the ARR; and

(b)excluding any artificial features for the land.

relevant watercourse means—

(a)a watercourse classified as stream order 4 or higher under the Strahler stream order classification system; or

(b)if a watercourse mentioned in paragraph (a) is permanently diverted under—

(i)a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000, section 98; or

(ii)a water licence or proposed water licence under the Water Act 2000;

the watercourse as permanently diverted.

Chapter 5    Matters relating to environmental management and environmental offences

Part 1    Categorisation of commercial waste and industrial waste

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

42   Meaning of regulated waste

(1)Regulated waste is waste that—

(a)is commercial waste or industrial waste; and

(b)is of a type, or contains a constituent of a type, mentioned in schedule 9, 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 9, 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 mentioned in schedule 9, part 3, division 2, table 1, column 1, the waste satisfies the requirement mentioned in—

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

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

(b)for each relevant substance mentioned in schedule 9, part 3, division 2, table 2, column 1, the concentration of the substance in the waste is less than the threshold mentioned in—

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

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

43   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 9, part 1, column 1;

(ii)the category mentioned in schedule 9, 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 mentioned in schedule 9, part 2, column 1, the concentration of the substance in the waste is more than the threshold mentioned in column 2 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

44   Purpose of division

This division states requirements for sampling and testing commercial waste 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.

45   Taking samples

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

(a)by an appropriately qualified person; and

(b)under a protocol.

46   Testing samples

A sample of commercial waste 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.

47   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.

48   Results of testing

(1)The results (test results) of a test of commercial waste or industrial waste under section 46 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 47—the date of the request;

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

49   Offence relating to sampling and testing

A person must not wilfully—

(a)tamper with a sample of waste taken under section 45; or

(b)interfere with the testing of a sample of waste under section 46; or

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

Maximum penalty—100 penalty units.

Division 3 Notification, reporting and record keeping

50   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.

51   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 the 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.

52   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.

53   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, record the prescribed information for the load in the approved form.

Maximum penalty—20 penalty units.

(3)Within 24 hours after 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.

Part 2    Public notice for notifying environmental harm

54   Public notices—Act, s 320, definition public notice

(1)This section prescribes, for section 320 of the Act, definition public notice, the prescribed way to give public notice of an event under section 320C(3)(b) or 320D(3)(b) of the Act.

(2)The prescribed way is a way likely to bring the event, its nature and the circumstances in which it happened to the attention of persons on the affected land.

(3)Without limiting subsection (2), the prescribed way includes—

(a)broadcasting the notice by radio or television; and

(b)publishing the notice in a newspaper; and

(c)displaying the notice on 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.

Part 3    Contaminated land

55   Prescribed waste for notifiable activity—Act, sch 3

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

Part 4    Noise

Division 1 Prescribed standards

56   Prescribed standards for background level, Z Peak and Z Peak Hold

(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.

Notes—

1For references to prescribed standards, see section 579C of the Act.

2A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office.

Division 2 Measuring noise

57   Purpose of division

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.

Notes—

1For the offence about causing environmental nuisance, see section 440 of the Act.

2For the offence about contravening a noise standard, see section 440Q of the Act.

58   Definition for division

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.

59   Measuring background level

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

(a)AS 1055; or

(b)the noise measurement manual.

60   Measuring source noise

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

(a)AS 1055; or

(b)the noise measurement manual.

61   Measuring source noise for particular noise standards

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

(2)Source noise for a noise standard under section 440W, 440X or 440Y of the Actmay 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.

62   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.

63   Prescribed instruments, equipment and installations—Act, s 490

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

64   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 5    Water contamination

65   Prescribed water contaminants—Act, s 440ZF

For section 440ZF of the Act, each of the contaminants mentioned in schedule 10 is prescribed as a contaminant for chapter 8, part 3C of the Act.

Part 6    Air contamination

66   Prescribed standards 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).

Notes—

1For references to prescribed standards, see section 579C of the Act.

2A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office.

Part 7    Record-keeping requirements for manufacture or import of fuel

67   Application of part

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

68   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.

69   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 8    Statutory condition for environmental authority for particular resource activities

70   Prescribed maximum amount for chemicals—Act, s 206

(1)For section 206(4) of the Act, definition restricted stimulation fluids, paragraph (a), the 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) of the Act, definition restricted stimulation fluids, paragraph (b), the 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

71   Waste transportation to which this part applies

(1)This part applies to the transportation of regulated waste of a type stated in schedule 11 (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 94; 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 fly ash from a power station 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.

72   Meaning of waste handler, generator, transporter and receiver

(1)If there is a transportation of trackable waste to which this part applies, each of the following persons is a waste handler 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.

73   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 75(a)—5.30 fee units; or

(b)for information given in the way prescribed under section 75(b)—3.15 fee units; or

(c)for information given in the way prescribed under section 75(c) or (d)—2.24 fee units for each load of trackable waste mentioned in the form used to give the information.

Division 2 Prescribed matters for giving of information

74   Prescribed information

The prescribed information that a waste handler must record, or give to the administering authority or another waste handler, is the information stated in schedule 12 relating to the waste handler.

75   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 92.

76   Prescribed period for giving information

The prescribed period 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 75(a) or (b)—7 days; or

(ii)for information given in the way prescribed under section 75(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 92—the period stated by the administering authority in the approval.

Division 3 Obligations of waste handlers

Subdivision 1 Transportation within Queensland

77   Application of subdivision

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

78   Responsibilities of generator

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

(a)give 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 period 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.

79   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 78(1)(a).

Maximum penalty—20 penalty units.

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

(a)give 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 after becoming aware of a discrepancy in information received from the generator under section 78(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.

80   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 period after receiving the waste from the transporter.

Maximum penalty—20 penalty units.

(3)Within 7 days after becoming aware of a discrepancy in the information received from the transporter under section 79(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.

81   Responsibilities of waste handler acting in more than 1 capacity

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

(a)section 78(1)(a) does not apply; and

(b)section 78 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 79(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 79(3) does not apply.

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

(a)section 79(2)(a) does not apply; and

(b)section 80(3) does not apply; and

(c)sections 79 and 80 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

82   Application of subdivision

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

83   Responsibilities of transporter

(1)The transporter must not transport the waste into Queensland unless the administering executive has, under section 93, 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 12, 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 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 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 after 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.

84   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 period after receiving the waste from the transporter.

Maximum penalty—20 penalty units.

(3)Within 7 days after becoming aware of a discrepancy in the information received from the transporter under section 83(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.

85   Responsibilities of waste handler acting in more than 1 capacity

If a person is both the transporter and the receiver—

(a)section 83(4)(a) does not apply; and

(b)section 84(3) does not apply; and

(c)sections 83 and 84 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

86   Application of subdivision

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

87   Responsibilities of generator

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

(a)give 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 period 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.

88   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 87(1)(a).

Maximum penalty—20 penalty units.

(2)Within 7 days after becoming aware of a discrepancy in information received from the generator under section 87(1)(a), the transporter must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

89   Responsibilities of waste handler acting in more than 1 capacity

If a person is both the generator and the transporter—

(a)section 87(1)(a) does not apply; and

(b)section 87 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 88(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 88(2) does not apply.

Division 4 Miscellaneous

90   Application of provisions to agents

(1)This section applies if—

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

(b)the waste handler enters into 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)In a proceeding for an offence against a waste tracking provision, it is a defence for the waste handler to show—

(a)the waste handler entered into 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.

91   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 75(a) or (b) must be marked with a unique identifier consisting of numbers, letters or both.

(3)If a waste handler gives information in a form mentioned in section 75(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.

(4)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.

(5)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.

92   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 person must, within the period 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 person 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 directly to the administering authority in a particular electronic form.

(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 person a written notice stating—

(a)whether the application is approved or refused; and

(b)if the application is approved—

(i)any conditions of the approval; and

(ii)the prescribed period for giving the information; and

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

(d)the review or 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 a person has not applied for the approval.

(9)In this section—

due day, for deciding an application, means—

(a)60 days after the application is made, not including a day the administering executive asks for information under subsection (2)(a), a day the person gives the requested information, and any days in between; or

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

93   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 person must give the administering executive the following information if the executive requests it—

(a)information mentioned in schedule 12, section 1, about the load;

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

(4)The administering executive must decide to—

(a)approve the application with or without imposing a condition on the approval; or

(b)refuse to approve the application.

(5)The administering executive must refuse to approve the application unless the administering executive is satisfied—

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

Note—

See section 429(2) of the Actunder which a reference to an environmental authority includes a reference to an interstate licence in the circumstances stated in the provision.

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

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

(a)whether the application is—

(i)approved without a condition; or

(ii)approved subject to a condition; or

(iii)refused; and

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

(c)if the application is approved subject to a condition—the condition; and

(d)if the application is approved subject to a condition or refused—

(i)the reasons for the decision; and

(ii)the review or 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)In this section—

due day, for deciding an application, means—

(a)10 business days after the application is made, not including a day the administering executive asks for information under subsection (3), a day the person gives the requested information, and any days in between; or

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

intended treatment, of 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.

93A    Additional responsibility of transporter of odorous feedstock

(1)This section applies to a person who transports trackable waste that is odorous feedstock.

(2)However, this section does not apply if the person holds, or is acting under, an environmental authority for transporting the odorous feedstock.

(3)The person must not give the odorous feedstock to the intended receiver unless the person is satisfied on reasonable grounds that the intended receiver of the feedstock holds, or is acting under, an environmental authority for carrying out organic material processing in relation to organic material that is odorous feedstock.

Maximum penalty—20 penalty units.

94   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 71 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) that 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 the filter cake 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 person a written notice stating—

(a)whether or not the exemption is granted; and

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

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

(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)30 days 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 person gives the requested information, and any days in between; or

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

95   Emergencies

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

(ii)an area of critical habitat or major interest identified under a conservation plan;

(iii)an area subject to an interim conservation order;

(b)an area subject to the following conventions to which Australia is a signatory—

(i)the ‘Convention on the Conservation of Migratory Species of Wild Animals’ (Bonn, 23 June 1979);

(ii)the ‘Convention on Wetlands of International Importance, especially as Waterfowl Habitat’ (Ramsar, Iran, 2 February 1971);

(iii)the ‘Convention Concerning the Protection of the World Cultural and Natural Heritage’ (Paris, 23 November 1972);

(c)a zone of a marine park under the Marine Parks Act 2004 that is within a general use zone of the marine park under that Act;

(d)an area to the seaward side of the highest astronomical tide;

(e)the following under the Queensland Heritage Act 1992—

(i)a place of cultural heritage significance;

(ii)a Queensland heritage place, unless there is an exemption certificate issued under that Act;

(f)an area recorded in the Aboriginal Cultural Heritage Register established under the Aboriginal Cultural Heritage Act 2003, section 46, other than the area known as the ‘Stanbroke Pastoral Development Holding’, leased under the Land Act 1994 by lease number PH 13/5398;

(g)a feature protection area, State forest park or scientific area under the Forestry Act 1959;

(h)a declared fish habitat area under the Fisheries Act 1994;

(i)a place in which a marine plant under the Fisheries Act 1994 is situated;

(j)an endangered regional ecosystem identified in the database known as the ‘Regional ecosystem description database’ published on the department’s website.

Note—

The Regional ecosystem description database is also available for inspection during office hours, at the Queensland Herbarium and each regional office of the department.

3   Meaning of organochlorine pesticide

Each of the following is an organochlorine pesticide—

•aldrin

•chlordane

•dichlorodiphenyldichloroethane

•dichlorodiphenyldichloroethylene

•dichlorodiphenyltrichloroethane

•dieldrin

•endosulfan I

•endosulfan II

•endosulfan sulphate

•endrin

•endrin aldehyde

•heptachlor

•heptachlor epoxide

•hexachlorobenzene

•α-hexachlorocyclohexane

•β-hexachlorocyclohexane

•δ-hexachlorocyclohexane

•γ-hexachlorocyclohexane (lindane)

•methoxychlor.

4   Meaning of organophosphate pesticide

Each of the following is an organophosphate pesticide—

•acephate

•azamethiphos

•azinphos-methy

•cadusafos

•carbofuran

•chlorfenvinphos

•chlorpyrifos

•chlorpyrifos-methyl

•coumaphos

•cythioate

•diazinon

•dichlorvos

•dimethoate

•disulfoton

•ethion

•fenamiphos

•fenitrothion

•fenthion

•maldison (malathion)

•methamidophos

•methidathion

•mevinphos

•naled

•naphthalophos

•omethoate

•oxydemeton-methyl

•parathion

•parathion-methyl

•phorate

•phosmet

•pirimiphos-methyl

•profenofos

•propetamphos

•prothiofos

•temephos

•terbufos

•tetrachlorvinphos

•thiometon

•trichlorfon.

5   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

•tetrabromodiphenyl ether

•toxaphene.

6   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

•fluoranthene

•fluorene

•indeno(1,2,3-cd)pyrene

•naphthalene

•phenanthrene

•pyrene.

7   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

8   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

9   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

10   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 31.

AES means aggregate environmental score.

aggregate environmental score, for an environmentally relevant activity, see section 15.

animal waste means any discarded materials, including carcasses, body parts, blood or bedding, originating—

(a)from animals contaminated with an agent infectious to humans; or

(b)from animals inoculated during research, production of biologicals or pharmaceutical testing with infectious agents.

annual fee, for an environmental authority—

(a)generally, see section 157; or

(b)for chapter 9, part 3, division 2, see section 161.

approved EMS, for chapter 9, part 3, division 2, see section 162.

approved partner, for chapter 9, part 3, division 2, see section 163.

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 ...

Australian water quality management guidelines means the document called ‘Australian & New Zealand guidelines for fresh and marine water quality’, published by the Australian Government Department of Agriculture.

Note—

See the Water Quality Australia website for access to the Australian water quality management guidelines.

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

available for improvement, in relation to land in an improvement area for a non-use management area, for schedule 8A, see schedule 8A, part 1, section 1.

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.

biosecurity waste means—

(a)waste that is goods subject to biosecurity control under the Biosecurity Act 2015 (Cwlth); or

(b)goods under the Biosecurity Act 2015 (Cwlth) that are or were in contact with waste mentioned in paragraph (a).

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, hardstand areas

category 1 regulated waste see section 43(1), (2) and (3).

category 2 regulated waste see section 43(4).

category A environmentally sensitive area see section 1 of this schedule.

category B environmentally sensitive area see section 2 of this schedule.

characteristic, for chapter 4, see section 31.

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 mentioned in the current Poisons Standard under the Therapeutic Goods Act 1989 (Cwlth); 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, paint solvent, pigment, dye, printing ink, industrial polish, degreasing agent, adhesive, sealant, food additive, bleach, sanitiser, disinfectant, biocide or firefighting foam; 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; or

(f)a chemical toxicant for which guidelines are prescribed under the Australian water quality management guidelines.

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, 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 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 document called ‘Coal seam gas water management policy’, dated December 2012 and published on the department’s website.

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 17.

conformity assessment body, for chapter 9, part 3, division 2, see section 161.

consignment number means—

(a)for a load of waste transported from a generator outside Queensland—the number assigned to the load under section 93(6); 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 31.

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

(a)2-methylphenol (o-cresol)

(b)3-methylphenol (m-cresol)

(c)4-methylphenol (p-cresol).

current test results, for waste, means test results—

(a)for the tests mentioned in section 46 for the waste; and

(b)that are current for the waste under section 48.

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’.

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.

Examples 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 17.

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.

ecoBiz program, for chapter 9, part 3, division 2, see section 161.

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

environmentally significant characteristic means a characteristic mentioned in the MCW NEPM, schedule A, list 2, a copy of which is set out in schedule 18.

environmental management decision, for chapter 4, see section 32.

environmental objective assessment means an assessment carried out in accordance with schedule 8, part 2.

ERA means an environmentally relevant activity.

estimation technique, for chapter 7, part 3, see section 121.

estimation technique application, for chapter 7, part 3, see section 123.

estimation technique approval, for chapter 7, part 3, see section 122.

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)generally, waste other than regulated waste; and

(b)for chapter 6, part 2, any of the following—

(i)commercial waste other than regulated waste;

(ii)domestic waste;

(iii)recyclable waste.

generator—

(a)for chapter 5, part 1, division 3, see section 50; or

(b)for chapter 5, part 9, see section 72(1)(a).

generator identification number, of a person, means the number assigned to the person under section 97.

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.

high consequence dam means a dam that is assessed as being in a high consequence category within the meaning of the document called ‘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.

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.

improvement area, for a non-use management area, for schedule 8A, see schedule 8A, part 1, section 1.

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.

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.

JAS-ANZ, for chapter 9, part 3, division 2, see section 161.

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 9, part 3, division 2, see section 164.

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 Great Barrier Reef wetland protection areas means the document called ‘Map of Great Barrier Reef wetland protection areas’, made by the chief executive and published on the department’s website.

map of Queensland wetland environmental values see the Environmental Protection (Water and Wetland Biodiversity) Policy 2019, schedule 2.

material, for chapter 4, see section 31.

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).

milestone criteria, for a management milestone or rehabilitation milestone, for schedule 8A, see schedule 8A, part 1, section 1.

mined, for schedule 8A, see schedule 8A, part 1, section 1.

monitoring, for chapter 4, see section 33.

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 on the department’s website.

NPI NEPM see section 114.

odorous feedstock means waste of a type mentioned in schedule 18A.

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

organic material processing means the prescribed ERA mentioned in schedule 2, section 53.

organochlorine pesticide see section 3 of this schedule.

organophosphate pesticide see section 4 of this schedule.

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

persistent organic pollutant (other) see section 5 of this schedule.

pharmaceutical product means an S4 medicine under the Medicines and Poisons Act 2019.

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

(a)2-cyclohexyl-4,6-dinitrophenol

(b)2,4-dimethylphenol

(c)2.4-dinitrophenol

(d)2-methyl-4,6-dinitrophenol

(e)2-nitrophenol

(f)4-nitrophenol.

polycyclic aromatic hydrocarbon see section 6 of this schedule.

port area means a port area of a port authority or other port entity within the meaning of the Transport Infrastructure Act 1994, section 267AA.

port authority see the Transport Infrastructure Act 1994, schedule 6.

port entity see the Transport Infrastructure Act 1994, section 267.

PRC plan includes a proposed PRC plan.

PRCP objective assessment means an assessment carried out in accordance with schedule 8A.

PRCP schedule includes a proposed PRCP schedule or draft PRCP schedule.

PRCP schedule decision see section 32A.

prescribed environmental management system, for chapter 9, part 3, division 2, see section 161.

prescribed form, for chapter 5, part 9, see section 91(1).

prescribed information—

(a)for chapter 5, part 1, division 3, see section 50; or

(b)for chapter 5, part 9, see section 74.

prescribed period, for chapter 5, part 9, see section 76.

prescribed way, for chapter 5, part 9, see section 75.

probable or proved ore reserve see section 126D(6) of the Act.

product stewardship means—

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

(b)1 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.

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 50; or

(b)for chapter 5, part 9, see section 72(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, green waste

reduced annual fee, for an environmental authority, for chapter 9, part 3, division 2, see section 161.

registration number, of a motor vehicle, see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8.

regulated waste see section 42.

rehabilitation area, for land the subject of a post-mining land use, for schedule 8A, see schedule 8A, part 1, section 1.

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

relevant attribute, in relation to waste, means—

(a)if the waste is liquid waste—any of the attributes mentioned in schedule 9, part 3, division 2, table 1, column 1, items 1 to 6; or

(b)if the waste is solid waste—an attribute mentioned in schedule 9, part 3, division 2, table 1, column 1, item 1 or 6.

relevant Great Barrier Reef Marine Park area see section 19(3) of the Act.

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)—the 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)—the 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 resource environmental authority, for chapter 9, part 3, division 2, see section 161.

relevant substance, in relation to waste, means a substance that—

(a)is mentioned in—

(i)schedule 9, part 2, column 1; or

(ii)schedule 9, part 3, division 2, table 2, column 1; and

(b)could reasonably be expected to be present in the waste, having regard to—

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

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

reporting period, for a reporting facility, for chapter 7, see section 118.

reporting requirement, for the occupier of a reporting facility, for chapter 7, see section 115.

reporting threshold, for a substance, for chapter 7, see section 115.

residential zone has the meaning given by the Planning Regulation 2017.

river basin see section 75(2) of the Act.

scheduled area see section 16.

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 6, see section 100.

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 called ‘Manual for assessing consequence categories and hydraulic performance of structures’, published by the department.

solid waste means waste other than liquid waste.

source noise, for chapter 5, part 4, division 2, see section 58.

standard cattle unit see section 7 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 8 of this schedule.

standard sheep unit see section 9 of this schedule.

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 ...

sufficient improvement, of a non-use management area, for schedule 8A, see schedule 8A, part 1, section 1.

surface water, for chapter 4, see section 31.

tested waste, for chapter 5, part 1, division 3, see section 50.

test results see section 48(1).

threshold table ...

trackable waste see section 71(1).

transhipping activity means a prescribed ERA mentioned in schedule 2, section 50(1)(b).

transporter, for chapter 5, part 9, see section 72(1)(b).

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 17.

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 92—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.

waste code, for trackable waste, means the code for the waste stated in schedule 11.

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

waste handler see section 72(1).

water, for chapter 4, see section 31.

watercourse see section 10 of this schedule.

wetland means an area shown as a wetland on the map of Queensland wetland environmental values.

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