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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ENVIRONMENTAL
PROTECTION AMENDMENT
BILL (No. 2) 1996
Queensland
ENVIRONMENTAL PROTECTION
AMENDMENT BILL (No. 2) 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 35 (Application date) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
35 Application date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 65 (Extensions of time for decision on applications) . . . . 5
6 Replacement of s 70 (Offence to contravene condition of licence) . . . . . . 5
70 Offence to contravene condition of environmental authority . . . . . . 5
7 Insertion of new ch 3, pt 6, div 1 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 1--Preliminary
8 Amendment of s 81 (Content of program) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Insertion of new ch 3, pt 6, div 2 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Submission and approval of environmental
management programs
10 Amendment of s 85 (Public notice of submission for approval of
certain draft programs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11 Insertion of new ch 3, pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 3--Amendment of approval for environmental
management programs
94A Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Insertion of new ch 3, pt 6, div 4 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 4--Miscellaneous
13 Insertion of new ss 236B and 236C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
236B Reconsideration of applications refused during relevant period . . . 8
2
Environmental Protection Amendment (No.2)
236C Postponement of requirement for environmental authorities
to carry out certain existing environmentally relevant activities . . 8
14 Amendment of sch 1 (Original decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1996
A BILL
FOR
An Act to amend the Environmental Protection Act 1994
s1 4 s4
Environmental Protection Amendment (No.2)
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Environmental Protection Amendment 3
Act (No. 2) 1996. 4
5
Commencement
Clause 2. Section 13 commences on 1 January 1997. 6
amended 7
Act
Clause 3. This Act amends the Environmental Protection Act 1994. 8
of s 35 (Application date) 9
Replacement
Clause 4. Section 35-- 10
omit, insert-- 11
date 12
`Application
`35.(1) This section applies to-- 13
(a) an application for, or amendment or transfer of, a licence; or 14
(b) a submission for the approval of-- 15
(i) a draft environmental management program; or 16
(ii) an amendment of an approval for an environmental 17
management program. 18
`(2) The "application date" for the application or submission is-- 19
(a) if, within 10 days after the application or submission is made to 20
the administering authority, the authority requires additional 21
information about the licence, transfer or program--the date the 22
authority states as the application date in a written notice given by 23
the authority to the person who made the application or 24
submission; or 25
s5 5 s6
Environmental Protection Amendment (No.2)
(b) if paragraph (a) does not apply--the date that is 14 days after the 1
application or submission is made to the administering authority. 2
`(3) However, the application date stated in a notice under 3
subsection (2)(a) must not be a date that is earlier than 2 days after the 4
person's receipt of the notice.'. 5
of s 65 (Extensions of time for decision on applications) 6
Amendment
Clause 5. Section 65(1)-- 7
omit, insert-- 8
`65.(1) The administering authority may, before the time in which it is 9
required to make a decision about an application under this part ends, extend 10
the time for deciding the application.'. 11
of s 70 (Offence to contravene condition of licence) 12
Replacement
Clause 6. Section 70-- 13
omit, insert-- 14
to contravene condition of environmental authority 15
`Offence
`70.(1) The holder of an environmental authority must not wilfully 16
contravene a condition of the authority. 17
Maximum penalty-- 18
(a) for a licence--2 000 penalty units or 2 years imprisonment; or 19
(b) for an approval--300 penalty units. 20
`(2) The holder of an environmental authority must not contravene a 21
condition of the authority. 22
Maximum penalty-- 23
(a) for a licence--1 665 penalty units; or 24
(b) for an approval--250 penalty units. 25
`(3) In a proceeding for an offence against subsection (1), if the court is 26
not satisfied the defendant is guilty of the offence charged but is satisfied the 27
defendant is guilty of an offence against subsection (2), the court may find 28
the defendant guilty of the offence against subsection (2).'. 29
s7 6 s 11
Environmental Protection Amendment (No.2)
of new ch 3, pt 6, div 1 heading 1
Insertion
Clause 7. Chapter 3, part 6, before section 80-- 2
insert-- 3
1--Preliminary'. 4
`Division
of s 81 (Content of program) 5
Amendment
Clause 8. Section 81(b), `objects'-- 6
omit, insert-- 7
`objectives'. 8
of new ch 3, pt 6, div 2 heading 9
Insertion
Clause 9. Chapter 3, part 6, before section 82-- 10
insert-- 11
2--Submission and approval of environmental management 12
`Division
programs'. 13
of s 85 (Public notice of submission for approval of 14
Amendment
certain draft programs) 15
Clause 10. Section 85(1), `3 years'-- 16
omit, insert-- 17
`5 years'. 18
of new ch 3, pt 6, div 3 19
Insertion
Clause 11. Chapter 3, part 6, after section 94-- 20
insert-- 21
s 12 7 s 12
Environmental Protection Amendment (No.2)
3--Amendment of approval for environmental management 1
`Division
programs 2
3
`Application
`94A.(1) Division 2 (other than section 85(1)) applies, with all necessary 4
changes, to a submission by the holder of an approval for an environmental 5
management program for an environmentally relevant activity to amend the 6
approval. 7
`(2) Without limiting subsection (1), if the holder submits for approval 8
an amendment of the approval that extends the period over which the 9
program is to be carried out to longer than 5 years, section 85(2) and (3) 10
applies to the submission as if the submission were for the approval of a 11
draft environmental management program. 12
`(3) Also, the administering authority may approve the amendment only 13
if it is reasonably satisfied it will result in less environmental harm being 14
caused by the carrying out of the activity under the amended approval than 15
the environmental harm that would be caused by carrying out the activity if 16
the approval were not granted. 17
`(4) Without limiting the matters to be considered in deciding the 18
application, the administering authority must have regard to-- 19
(a) the period under the original approval; and 20
(b) the period that remains under the original approval; and 21
(c) any change to the period under the original approval; and 22
(d) the nature of the risk of environmental harm being caused by the 23
activity.'. 24
of new ch 3, pt 6, div 4 heading 25
Insertion
Clause 12. Chapter 3, part 6, after section 94A-- 26
insert-- 27
`Division 4--Miscellaneous'. 28
s 13 8 s 13
Environmental Protection Amendment (No.2)
of new ss 236B and 236C 1
Insertion
Clause 13. After section 236A-- 2
insert-- 3
of applications refused during relevant period 4
`Reconsideration
`236B.(1) This section applies if-- 5
(a) during the relevant period, the administering authority was taken 6
to have decided to refuse an application for, or for the amendment 7
or transfer of, an environmental authority because of section 67;1 8
and 9
(b) under this Act, the applicant did not apply for a review of the 10
decision. 11
`(2) The administering authority must treat the application as if it were a 12
fresh application properly made to it on 1 January 1997 and accompanied 13
by the appropriate application fee. 14
`(3) Despite section 35, the application date for the application is taken to 15
be 1 January 1997. 16
`(4) In this section-- 17
"relevant period" means 1 March 1996 to 31 December 1996. 18
of requirement for environmental authorities to carry 19
`Postponement
out certain existing environmentally relevant activities 20
`236C.(1) This section applies to a person if-- 21
(a) the person made application (the "original application") for an 22
environmental authority on or after 1 March 1996 but before 23
1 July 1996 to carry out an environmentally relevant activity; and 24
(b) under section 236B, the original application is to be treated as a 25
fresh application. 26
`(2) A provision of this Act that creates an offence for carrying out the 27
activity without an environmental authority (the "offence provision") does 28
not apply to the person until the fresh application is decided. 29
1 Section 67 (Failure to decide applications taken to be refusal)
s 14 9 s 14
Environmental Protection Amendment (No.2)
`(3) Subsection (2) has effect despite the offence provision. 1
`(4) This section applies to a person even if a proceeding against the 2
person under the offence provision was started, but not finished, before 3
1 January 1997.'. 4
of sch 1 (Original decisions) 5
Amendment
Clause 14. Schedule 1-- 6
insert-- 7
`86 and Requirement for additional information about an application 8
94A for an amendment of an approval for an environmental
management program
90(1) and Approval of an application for an amendment of an approval 9
94A for an environmental management program
90(3) and Imposition of conditions on an approval of an amendment 10
94A of an approval for an environmental management program
91 and Refusal to approve an application for an amendment of an 11
94A approval for an environmental management program
92 and Extension of time for decision on submission of an 12
94A amendment of approval for environmental management
program'.
13
© State of Queensland 1996
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