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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Environmental Protection and
Other Acts Amendment Bill
2009
Queensland
Environmental Protection and Other Acts
Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Environmental Protection Act 1994
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 73G (When registration certificate takes effect) 4
5 Amendment of s 154 (General requirements for application). . . . 5
6 Amendment of s 210 (Conditions that may and must be
included in draft environmental authority) . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 305 (Conditions that may be made) . . . . . . . . . 6
8 Amendment of s 310O (Conditions that may and must be
imposed) ....................................... 7
9 Amendment of s 363H (Administering authority may issue
clean-up notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 363I (Offence not to comply with clean-up
notice) ......................................... 9
11 Amendment of s 363N (Administering authority may issue cost
recovery notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Amendment of s 478 (Failure to comply with authorised
person's direction in emergency) . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 480 (False, misleading or incomplete
documents) ..................................... 10
14 Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . 10
15 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 3 Amendment of Fisheries Act 1994
16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Insertion of new s 76IA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
76IA Environmental offset conditions . . . . . . . . . . . . . . . . . 11
Environmental Protection and Other Acts Amendment Bill 2009
Contents
18 Amendment of s 117 (Fisheries Research Fund). . . . . . . . . . . . . 12
19 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 12
Part 4 Amendment of Nature Conservation Act 1992
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Replacement of s 124 (Approval of amendment of plans) . . . . . . 13
124 Procedures applying to amending plans . . . . . . . . . . 13
Part 5 Amendment of Sustainable Planning Act 2009
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Insertion of new s 346A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
346A Environmental offset conditions . . . . . . . . . . . . . . . . . 14
Page 2
2009
A Bill
for
An Act to amend the Environmental Protection Act 1994,
Fisheries Act 1994, Nature Conservation Act 1992 and
Sustainable Planning Act 2009 for particular purposes
Environmental Protection and Other Acts Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Environmental Protection and 4
Other Acts Amendment Act 2009. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Environmental 8
Protection Act 1994 9
Clause 3 Act amended 10
This part amends the Environmental Protection Act 1994. 11
Clause 4 Amendment of s 73G (When registration certificate takes 12
effect) 13
(1) Section 73G(1)(c), `section 73F(7)'-- 14
omit, insert-- 15
`section 73F(8)'. 16
(2) Section 73G(2), `section 73F(4)'-- 17
omit, insert-- 18
`section 73F(5)'. 19
Page 4
Environmental Protection and Other Acts Amendment Bill 2009
Part 2 Amendment of Environmental Protection Act 1994
[s 5]
Clause 5 Amendment of s 154 (General requirements for 1
application) 2
Section 154(3), after `extent to'-- 3
insert-- 4
`which'. 5
Clause 6 Amendment of s 210 (Conditions that may and must be 6
included in draft environmental authority) 7
(1) Section 210(4), `subsection (3)'-- 8
omit, insert-- 9
`subsection (7)'. 10
(2) Section 210(3) and (4)-- 11
renumber as section 210(7) and (8). 12
(3) Section 210-- 13
insert-- 14
`(3) The administering authority may include in the draft a 15
condition that requires or otherwise relates to an 16
environmental offset (an environmental offset condition) if 17
the administering authority is satisfied that all cost-effective 18
on-site mitigation measures for the relevant mining activities 19
have been, or will be, undertaken. 20
`(4) An environmental offset condition may require works or 21
activities to be undertaken on land on which a relevant mining 22
activity is carried out or on other land in the State. 23
`(5) An environmental offset condition may require a monetary 24
payment to an environmental offset trust. 25
`(6) If the applicant has entered into an agreement about an 26
environmental offset for this section, an environmental offset 27
condition may require the authority holder to comply with the 28
agreement.'. 29
(4) Section 210-- 30
insert-- 31
Page 5
Environmental Protection and Other Acts Amendment Bill 2009
Part 2 Amendment of Environmental Protection Act 1994
[s 7]
`(9) The applicant may enter into an agreement with the 1
administering authority or another entity to establish the 2
obligations, or secure the performance, of a party to the 3
agreement about a condition. 4
`(10) In this section-- 5
environmental offset means works or activities undertaken to 6
counterbalance the impacts of a relevant mining activity on 7
the natural environment. 8
on-site mitigation measure, for a relevant mining activity, 9
means a measure, undertaken on land to which the activity 10
relates, to avoid or minimise negative impacts of the activity 11
on the natural environment.'. 12
Clause 7 Amendment of s 305 (Conditions that may be made) 13
(1) Section 305(2)(d)-- 14
renumber as section 305(2)(e). 15
(2) Section 305(2)-- 16
insert-- 17
`(d) if the entity doing or making the relevant act is satisfied 18
that all cost-effective on-site mitigation measures for an 19
authorised activity have been, or will be, 20
undertaken--include a condition requiring or otherwise 21
relating to an environmental offset (an environmental 22
offset condition); or'. 23
(3) Section 305-- 24
insert-- 25
`(5) An environmental offset condition may require works or 26
activities to be undertaken on land on which an authorised 27
activity is carried out or on other land in the State. 28
`(6) An environmental offset condition may require a monetary 29
payment to an environmental offset trust. 30
`(7) If the environmental authority holder has entered into an 31
agreement about an environmental offset for this section, an 32
Page 6
Environmental Protection and Other Acts Amendment Bill 2009
Part 2 Amendment of Environmental Protection Act 1994
[s 8]
environmental offset condition may require the holder to 1
comply with the agreement. 2
`(8) The environmental authority holder may enter into an 3
agreement with the entity doing or making the relevant act or 4
another entity to establish the obligations, or secure the 5
performance, of a party to the agreement about a condition. 6
`(9) A reference in subsection (7) or (8) to the holder of an 7
environmental authority entering into an agreement includes 8
the holder entering into an agreement before the authority is 9
granted. 10
`(10) In this section-- 11
authorised activity means an activity carried out under the 12
environmental authority to which the relevant act relates. 13
environmental offset means works or activities undertaken to 14
counterbalance the impacts of an authorised activity on the 15
natural environment. 16
on-site mitigation measure, for an authorised activity, means 17
a measure, undertaken on land to which the activity relates, to 18
avoid or minimise negative impacts of the activity on the 19
natural environment.'. 20
Clause 8 Amendment of s 310O (Conditions that may and must be 21
imposed) 22
(1) Section 310O(3)(b) and (c)-- 23
renumber as section 310O(3)(c) and (d). 24
(2) Section 310O(3)-- 25
insert-- 26
`(b) if the administering authority is satisfied that all 27
cost-effective on-site mitigation measures for a relevant 28
chapter 5A activity have been, or will be, 29
undertaken--require or otherwise relate to an 30
environmental offset (an environmental offset 31
condition); or'. 32
Page 7
Environmental Protection and Other Acts Amendment Bill 2009
Part 2 Amendment of Environmental Protection Act 1994
[s 9]
(3) Section 310O-- 1
insert-- 2
`(6) An environmental offset condition may require works or 3
activities to be undertaken on land on which a relevant chapter 4
5A activity is carried out or on other land in the State. 5
`(7) An environmental offset condition may require a monetary 6
payment to an environmental offset trust. 7
`(8) If the applicant has entered into an agreement about an 8
environmental offset for this section, an environmental offset 9
condition may require the environmental authority holder to 10
comply with the agreement. 11
`(9) The environmental authority holder may enter into an 12
agreement with the administering authority or another entity 13
to establish the obligations, or secure the performance, of a 14
party to the agreement about a condition. 15
`(10) In this section-- 16
environmental offset means works or activities undertaken to 17
counterbalance the impacts of a relevant chapter 5A activity 18
on the natural environment. 19
on-site mitigation measure, for a relevant chapter 5A activity, 20
means a measure, undertaken on land to which the activity 21
relates, to avoid or minimise negative impacts of the activity 22
on the natural environment.'. 23
Clause 9 Amendment of s 363H (Administering authority may 24
issue clean-up notice) 25
(1) Section 363H(1), after `stated action to'-- 26
insert-- 27
`do all or any of the following'. 28
(2) Section 363H(1)(a) to (c), `; or' 29
omit, insert-- 30
`;'. 31
Page 8
Environmental Protection and Other Acts Amendment Bill 2009
Part 2 Amendment of Environmental Protection Act 1994
[s 10]
Clause 10 Amendment of s 363I (Offence not to comply with 1
clean-up notice) 2
Section 363I(3)(b)-- 3
omit, insert-- 4
`(b) that-- 5
(i) the relevant contamination incident was caused by 6
a natural disaster; and 7
(ii) the recipient had taken all measures it would be 8
reasonable for the recipient to have taken to 9
prevent the incident, having regard to all the 10
circumstances including the inherent nature of the 11
risk and the probability of the natural disaster; or'. 12
Clause 11 Amendment of s 363N (Administering authority may 13
issue cost recovery notice) 14
Section 363N(5)(b)-- 15
omit, insert-- 16
`(b) if-- 17
(i) the contamination incident was caused by a natural 18
disaster; and 19
(ii) the recipient had taken all measures it would be 20
reasonable for the recipient to have taken to 21
prevent the incident, having regard to all the 22
circumstances including the inherent nature of the 23
risk and the probability of the natural disaster; or'. 24
Clause 12 Amendment of s 478 (Failure to comply with authorised 25
person's direction in emergency) 26
Section 478, penalty-- 27
omit, insert-- 28
`Maximum penalty--2000 penalty units.'. 29
Page 9
Environmental Protection and Other Acts Amendment Bill 2009
Part 2 Amendment of Environmental Protection Act 1994
[s 13]
Clause 13 Amendment of s 480 (False, misleading or incomplete 1
documents) 2
Section 480(4)(a), `section 90(c) or 132(2)'-- 3
omit, insert-- 4
`section 309Q(c) or 311F(2)'. 5
Clause 14 Amendment of s 540 (Required registers) 6
Section 540(1)(k), `paragraph (h)'-- 7
omit, insert-- 8
`paragraph (j)'. 9
Clause 15 Amendment of sch 4 (Dictionary) 10
(1) Schedule 4, definition regulatory requirement-- 11
omit. 12
(2) Schedule 4-- 13
insert-- 14
`Balance the Earth Trust means the trust by that name 15
established under a trust deed entered into by the State on 9 16
October 2009. 17
environmental offset trust means the Balance the Earth Trust 18
or another trust established to accept and manage amounts to 19
fund the undertaking of works or activities to counterbalance 20
the impacts of environmentally relevant activities or other 21
activities on the natural environment. 22
regulatory requirement means a requirement under an 23
environmental protection policy or a regulation for-- 24
(a) the administering authority to-- 25
(i) grant or refuse to grant, or follow stated procedures 26
for evaluating, any of the following applications-- 27
(A) a development application for which the 28
administering authority is the assessment 29
Page 10
Environmental Protection and Other Acts Amendment Bill 2009
Part 3 Amendment of Fisheries Act 1994
[s 16]
manager or a referral agency; 1
(B) an environmental authority application; 2
(C) an application for approval of a transitional 3
environmental program; or 4
(ii) impose, change or cancel a condition of a 5
development approval for a chapter 4 activity, an 6
environmental authority or an approval of a 7
transitional environmental program; or 8
(b) the Land Court to make an objections decision under 9
section 223: or 10
(c) the Minister to make a decision under section 247.'. 11
Part 3 Amendment of Fisheries Act 12
1994 13
Clause 16 Act amended 14
This part amends the Fisheries Act 1994. 15
Clause 17 Insertion of new s 76IA 16
After section 76I-- 17
insert-- 18
`76IA Environmental offset conditions 19
`(1) Under the Planning Act, sections 346 and 346A, the 20
conditions imposed on a fisheries development approval may 21
include environmental offset conditions. 22
`(2) An environmental offset condition may relate to works or 23
activities undertaken to counterbalance the impacts of the 24
development on fisheries resources or fish habitat including, 25
for example-- 26
Page 11
Environmental Protection and Other Acts Amendment Bill 2009
Part 3 Amendment of Fisheries Act 1994
[s 18]
(a) works or activities to enhance or rehabilitate a fish 1
habitat; and 2
(b) the exchange of another fish habitat for a fish habitat 3
affected by the development; and 4
(c) a contribution to fish habitat research. 5
`(3) With the agreement of the applicant for the approval, an 6
environmental offset condition may require a monetary 7
payment to the Fisheries Research Fund under section 117.'. 8
Clause 18 Amendment of s 117 (Fisheries Research Fund) 9
(1) Section 117(4)(c)-- 10
renumber as section 117(4)(d). 11
(2) Section 117(4)-- 12
insert-- 13
`(c) amounts received for payment into the fund under 14
environmental offset conditions mentioned in section 15
76IA; and'. 16
(3) Section 117(5)(b)-- 17
renumber as section 117(5)(c). 18
(4) Section 117(5)-- 19
insert-- 20
`(b) fish habitat enhancement, rehabilitation or exchange; 21
or'. 22
Clause 19 Amendment of schedule (Dictionary) 23
Schedule-- 24
insert-- 25
`environmental offset condition see the Planning Act, section 26
346A(1).'. 27
Page 12
Environmental Protection and Other Acts Amendment Bill 2009
Part 4 Amendment of Nature Conservation Act 1992
[s 20]
Part 4 Amendment of Nature 1
Conservation Act 1992 2
Clause 20 Act amended 3
This part amends the Nature Conservation Act 1992. 4
Clause 21 Replacement of s 124 (Approval of amendment of plans) 5
Section 124-- 6
omit, insert-- 7
`124 Procedures applying to amending plans 8
`(1) The procedures for the preparation and approval of 9
management plans and conservation plans apply to amending 10
plans subject to this section. 11
`(2) Sections 113 and 114 do not apply to an amending plan. 12
`(3) Also, sections 115 and 116 do not apply to an amending plan 13
if its only amendments of another management or 14
conservation plan are to-- 15
(a) correct an error in the other plan; or 16
(b) make a change (other than a change of substance) in the 17
other plan; or 18
(c) if the other plan or a regulation provides that an 19
amendment of a stated type may be made to the other 20
plan by amendment under this subsection--make an 21
amendment of that type. 22
`(4) In this section-- 23
amending plan means a management or conservation plan 24
made only to amend another management or conservation 25
plan.'. 26
Page 13
Environmental Protection and Other Acts Amendment Bill 2009
Part 5 Amendment of Sustainable Planning Act 2009
[s 22]
Part 5 Amendment of Sustainable 1
Planning Act 2009 2
Clause 22 Act amended 3
This part amends the Sustainable Planning Act 2009. 4
Clause 23 Insertion of new s 346A 5
After section 346-- 6
insert-- 7
`346A Environmental offset conditions 8
`(1) This section applies to a condition that requires or otherwise 9
relates to an environmental offset (an environmental offset 10
condition). 11
`(2) An environmental offset condition may be imposed only if the 12
concurrence agency or assessment manager is satisfied that all 13
cost-effective on-site mitigation measures for the development 14
have been, or will be, undertaken. 15
`(3) If the applicant has entered into an agreement about an 16
environmental offset for this section, a condition may require 17
the applicant to comply with the agreement. 18
`(4) A condition imposed under subsection (3)-- 19
(a) is taken to comply with section 345; and 20
(b) is not invalid on the ground of being uncertain or 21
lacking finality. 22
`(5) If an entity other than the applicant agrees, under an 23
agreement mentioned in subsection (3), to carry out works 24
required for the development, section 347(1)(c) does not 25
apply to a condition stating that those works must be 26
undertaken by the entity. 27
Note-- 28
Also, under section 348, the applicant may enter into an agreement to 29
establish the obligations, or secure the performance, of a party to the 30
agreement about an environmental offset condition. 31
Page 14
Environmental Protection and Other Acts Amendment Bill 2009
Part 5 Amendment of Sustainable Planning Act 2009
[s 23]
`(6) An environmental offset condition may require works or 1
activities to be undertaken on land on which the development 2
is undertaken or on other land in the State. 3
`(7) An environmental offset condition may require a monetary 4
payment to an environmental offset trust. 5
`(8) In this section-- 6
Balance the Earth Trust means the trust by that name 7
established under a trust deed entered into by the State on 9 8
October 2009. 9
environmental offset means works or activities undertaken to 10
counterbalance the impacts of a development on the natural 11
environment. 12
environmental offset trust means the Balance the Earth Trust 13
or another trust established to accept and manage amounts to 14
fund the undertaking of works or activities to counterbalance 15
the impacts of development or other activities on the natural 16
environment. 17
natural environment-- 18
(a) means living and non-living things that occur naturally 19
at 1 or more places on Earth; and 20
(b) does not include amenity or aesthetic, cultural, 21
economic or social conditions. 22
on-site mitigation measure, for a development, means a 23
measure, undertaken on land to which the development 24
relates, to avoid or minimise negative impacts of the 25
development on the natural environment.'. 26
© State of Queensland 2009
Page 15
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