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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Environmental Protection and
Other Legislation Amendment
Bill 2004
Queensland
Environmental Protection and Other
Legislation Amendment Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 2 Amendment of Coastal Protection and Management
Act 1995
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Amendment of s 9 (Meaning of canal) . . . . . . . . . . . . . . . . . . . . . 18
5 Amendment of s 25 (Functions of regional consultative group) . . 19
6 Amendment of s 39 (Public notice inviting submissions on draft
regional plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7 Amendment of ch 2, pt 3, hdg (Coastal management
districts and erosion prone areas) . . . . . . . . . . . . . . . . . . . . . . . . 19
8 Amendment of s 54 (Declaration of coastal management districts) 19
9 Insertion of new s 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
58A Amendment of coastal management districts in s 169 20
10 Amendment of s 60 (Tidal works notices) . . . . . . . . . . . . . . . . . . 20
11 Amendment of s 71 (Amending erosion prone areas) ..... 21
12 Omission of ch 2, pt 5, div 1, sdiv 3 (Removal of quarry
materials may require other approval) . . . . . . . . . . . . . . . . . . . . . 21
13 Amendment of s 85 (Suspension or cancellation--grounds) . . . . 21
14 Omission of s 94 (Relationship with IPA) . . . . . . . . . . . . . . . . . . . 22
15 Insertion of new ch 2, pt 5, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2A Removal of quarry material may require other
approvals
100A Removal of quarry material is subject to other
approvals ............................. 22
100B Relationship with Integrated Planning Act 1997 . . . . . 23
16 Amendment of s 102 (Royalty or price for quarry material) . . . . . 24
2
Environmental Protection and Other Legislation
Amendment Bill 2004
17 Amendment of s 120 (Registration of instruments--construction
of artificial waterways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
18 Insertion of new ch 2, pt 6, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 5 Exemption certificates
120A Application for exemption certificate. . . . . . . . . . . . . . 24
120B Deciding application for exemption certificate . . . . . . 25
120C Chief executive may give exemption certificate
without application . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
19 Amendment of s 123 (Development permits--right to use
and occupy) ............................... 26
20 Amendment of s 124 (Obligation to keep certain tidal works in
safe condition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
21 Replacement of s 165 (Delegation by chief executive). . . . . . . . . 26
165 Delegation by chief executive . . . . . . . . . . . . . . . . . . . 26
22 Amendment of s 167 (Regulation-making power) . . . . . . . . . . . . 27
23 Amendment of s 171 (Continuing effect of authorities under
Harbours Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
24 Amendment of s 176 (Continuing effect of approvals under
Canals Act) ..................................... 27
25 Omission of s 181 (Applications to reconfigure a lot in a coastal
management district) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
26 Insertion of new ch 6, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 4 Transitional provisions for Environmental
Protection and Other Legislation Amendment
Act 2004
187 Integrated Planning Act 1997 applies to all
development relating to the construction of canals . . 28
188 Applications to reconfigure a lot in a coastal
management district . . . . . . . . . . . . . . . . . . . . . . . . . . 28
189 Particular permits under the Beach Protection Act. . . 30
190 Assessment manager for particular applications . . . . 30
191 When particular applications lapse . . . . . . . . . . . . . . 31
27 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 31
Part 3 Amendment of Environmental Protection Act 1994
28 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
29 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
7A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
30 Amendment of s 20 (Levels for environmentally relevant
activities) ..................................... 34
31 Amendment of s 37 (When EIS process applies). . . . . . . . . . . . . 34
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Environmental Protection and Other Legislation
Amendment Bill 2004
32 Replacement of ch 4A (Environmental authorities for petroleum
activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Chapter 4A Environmental authorities for petroleum
activities
Part 1 Preliminary
74 Purpose of ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
75 Types of environmental authority (petroleum activities) 35
76 What is a petroleum authority and the Petroleum
legislation ............................ 35
77 What is a petroleum activity, a level 1 petroleum
activity and a level 2 petroleum activity . . . . . . . . . . . 36
78 What is a relevant petroleum authority . . . . . . . . . . . . 37
79 What is a relevant petroleum activity . . . . . . . . . . . . . 37
80 What is a petroleum project . . . . . . . . . . . . . . . . . . . . 37
Part 2 Applying for and obtaining environmental
authority (petroleum activities)
Division 1 Preliminary
81 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2 General provisions for applications
Subdivision 1 Restriction on who may apply
82 Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2 Petroleum projects
83 Single application required for petroleum project . . . . 39
84 Single environmental authority (petroleum activities)
required for petroleum project . . . . . . . . . . . . . . . . . . 40
Subdivision 3 Joint applications
85 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 40
86 Joint application may be made . . . . . . . . . . . . . . . . . . 40
87 Appointment of principal applicant . . . . . . . . . . . . . . . 41
88 Effect of appointment . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 3 Level 2 petroleum activities
Subdivision 1 Code compliant authorities
89 Operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
90 Requirements for application . . . . . . . . . . . . . . . . . . . 42
91 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 43
92 Steps after granting application and the giving of
financial assurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 43
93 Code compliance condition . . . . . . . . . . . . . . . . . . . . 44
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Subdivision 2 Non-code compliant authorities
94 Operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
95 Requirements for application . . . . . . . . . . . . . . . . . . . 45
96 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 45
97 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 46
98 Conditions that may and must be imposed . . . . . . . . 46
99 Steps after granting application and the giving of
financial assurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 48
100 Information notice about particular decisions . . . . . . . 49
Division 4 Level 1 petroleum activities
101 Operation of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
102 Requirements for application . . . . . . . . . . . . . . . . . . . 49
103 Environmental management plan. . . . . . . . . . . . . . . . 50
104 EIS may be required. . . . . . . . . . . . . . . . . . . . . . . . . . 51
105 Public access to application . . . . . . . . . . . . . . . . . . . . 52
106 Public notice of application . . . . . . . . . . . . . . . . . . . . . 52
107 Required contents of application notice . . . . . . . . . . . 52
108 Declaration of compliance . . . . . . . . . . . . . . . . . . . . . 53
109 Substantial compliance may be accepted . . . . . . . . . 53
110 Right to make submission . . . . . . . . . . . . . . . . . . . . . 54
111 Acceptance of submission . . . . . . . . . . . . . . . . . . . . . 54
112 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 55
113 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 55
114 Conditions that may and must be imposed . . . . . . . . 56
115 Steps after granting application and the giving of
financial assurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 58
116 Information notice about particular decisions . . . . . . . 58
Division 5 Term of environmental authority (petroleum
activities)
117 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 3 Amending environmental authorities
(petroleum activities) by application
Division 1 Making amendment application
118 Who may apply for amendment . . . . . . . . . . . . . . . . . 59
119 Code compliance condition may be amended . . . . . . 60
120 Requirements for amendment application . . . . . . . . . 60
Division 2 Processing amendment application
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121 EIS may be required. . . . . . . . . . . . . . . . . . . . . . . . . . 60
122 Public notice may be required . . . . . . . . . . . . . . . . . . 61
123 Public notice process . . . . . . . . . . . . . . . . . . . . . . . . . 62
124 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 63
125 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 3 Miscellaneous provisions
126 Steps after making decision . . . . . . . . . . . . . . . . . . . . 64
127 When amendment takes effect. . . . . . . . . . . . . . . . . . 64
128 Information notice about particular decisions . . . . . . . 65
Part 4 Transfers
129 Transfer only by approval . . . . . . . . . . . . . . . . . . . . . . 65
130 General requirements for transfer application . . . . . . 66
131 Amendment application may accompany transfer
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
132 Additional requirement for transfer application for
code compliant authority if no amendment
application made ........................ 67
133 Audit statement may be required . . . . . . . . . . . . . . . . 67
134 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 68
135 Additional ground for refusal. . . . . . . . . . . . . . . . . . . . 68
136 Steps after making decision . . . . . . . . . . . . . . . . . . . . 68
Part 5 Surrenders
Division 1 General provisions for surrenders
137 Surrender only by approval . . . . . . . . . . . . . . . . . . . . 69
138 Surrender may be partial . . . . . . . . . . . . . . . . . . . . . . 70
139 When surrender application required . . . . . . . . . . . . . 70
140 Notice by administering authority to make surrender
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
141 Failure to comply with surrender notice . . . . . . . . . . . 72
Division 2 Making surrender application
142 Requirements for surrender application . . . . . . . . . . . 72
Division 3 Final rehabilitation reports
143 Content requirements for final rehabilitation report . . 73
144 Amending report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
145 FRR assessment report may be given . . . . . . . . . . . . 74
Division 4 Processing surrender applications
145A Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 74
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145B Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 74
145C Steps after making decision . . . . . . . . . . . . . . . . . . . . 75
Part 6 Amendment, cancellation or suspension by
administering authority
Division 1 Conditions for amendment, cancellation or
suspension
Subdivision 1 Amendments
145D Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
145E Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 2 Cancellation or suspension
145F Conditions for cancellation or suspension . . . . . . . . . 78
Division 2 Procedure for amendment without agreement
or for cancellation or suspension
145G Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
145H Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . 79
145I Considering representations . . . . . . . . . . . . . . . . . . . 80
145J Decision on proposed action . . . . . . . . . . . . . . . . . . . 80
145K Notice of proposed action decision . . . . . . . . . . . . . . 81
Division 3 Steps after making decision
145L Steps for corrections. . . . . . . . . . . . . . . . . . . . . . . . . . 82
145M Steps for amendment by agreement . . . . . . . . . . . . . 82
145N Steps for amendment without agreement or for
cancellation or suspension . . . . . . . . . . . . . . . . . . . . . 82
Part 7 Financial assurance
145O Financial assurance may be required before authority
is issued or transferred . . . . . . . . . . . . . . . . . . . . . . . . 83
145P Power to require change to financial assurance. . . . . 84
145Q Replenishment of financial assurance . . . . . . . . . . . . 85
Part 8 Principal holders
145R Application of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
145S Appointment of principal holder . . . . . . . . . . . . . . . . . 86
145T Effect of appointment . . . . . . . . . . . . . . . . . . . . . . . . . 86
Part 9 Miscellaneous provisions
145U Grounds for refusing application for or to transfer
non-code compliant authority . . . . . . . . . . . . . . . . . . . 87
145V Restrictions on authority or transfer taking effect . . . . 88
33 Amendment of s 148 (Types of environmental authority (mining
activities)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
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34 Amendment of s 150 (What are the application documents) . . . . 89
35 Replacement of ch 5, part 1, div 3 (Standard mining activities) . . 89
151 What is a level 1 mining project and a level 2 mining
project ............................... 90
36 Omission of ch 5, pt 2, div 1 (Introduction). . . . . . . . . . . . . . . . . . 90
37 Renumbering of ch 5, pt 2, div 2 (Applications) . . . . . . . . . . . . . . 90
38 Amendment of s 154 (General requirements for application). . . . 91
39 Amendment of s 155 (Single application required for mining
project) ........................................ 92
40 Replacement of ch 5, pt 2, div 3 (Assessment level decision for
certain applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 2 EIS decision for particular non-code compliant
applications
161 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
162 Decision about EIS requirement. . . . . . . . . . . . . . . . . 93
163 Minister's power to overturn decision about EIS
requirement ......................... 93
41 Replacement of ch 5, pt 3 (Processing environmental authority
(prospecting) applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 3 Processing of applications for level 2 mining
projects
Division 1 Code compliant applications
Subdivision 1 No relevant mining claim or mining lease
164 Automatic issuing of code compliant authority if no
relevant mining claim or mining lease . . . . . . . . . . . . 94
165 Conditions of code compliant authority . . . . . . . . . . . 95
Subdivision 2 Process if there is a relevant mining claim or
mining lease
166 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 95
167 Modified application of pt 6, divs 6 to 8 . . . . . . . . . . . 95
168 Non-code compliant application fee must be paid if
decision is to grant non-code compliant authority . . . 96
Division 2 Non-code compliant applications
Subdivision 1 Process if no relevant mining claim or mining
lease
169 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 96
170 Additional conditions may be imposed . . . . . . . . . . . . 96
171 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 97
171A Consequence of failure to decide . . . . . . . . . . . . . . . . 98
171B Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . 98
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171C Notice about refusal or condition decision . . . . . . . . . 99
Subdivision 2 Process if there is a relevant mining claim or
mining lease
171D Modified application of pt 6, divs 5 to 8 . . . . . . . . . . . 99
42 Replacement of ch 5, pt 4, hdg (Processing
environmental authority (mining claim) applications) . . . . . . . . . . 100
43 Amendment of s 172 (Operation of pt 4) . . . . . . . . . . . . . . . . . . . 100
44 Omission of s 176 (Additional conditions may be included) . . . . . 100
45 Replacement of ch 5, pt 5, hdg (Processing environmental
authority (exploration) and environmental authority (mineral
development) applications). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
46 Omission of ch 5, pt 5, div 1, hdg (Preliminary) . . . . . . . . . . . . . . 101
47 Amendment of s 178 (Operation of pt 5) . . . . . . . . . . . . . . . . . . . 101
48 Omission of ch 5, pt 5, div 2 (Standard applications) . . . . . . . . . . 101
49 Omission of ch 5, pt 5, div 3, hdg (Non-standard applications) . . 102
50 Omission of ch 5, pt 5, div 3, sdiv 1, hdg (Preliminary) . . . . . . . . 102
51 Omission of ch 5, pt 5, div 3, sdiv 2, hdg (EIS stage). . . . . . . . . . 102
52 Omission of ch 5, pt 5, div 3, sdiv 3, hdg (Environmental
management document stage). . . . . . . . . . . . . . . . . . . . . . . . . . . 102
53 Amendment of s 187 (Environmental management plan required) 102
54 Amendment of s 188 (Purpose of environmental management
plan) .......................................... 102
55 Amendment of s 189 (Environmental management
plan--content requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
56 Amendment of s 190 (Amending environmental management
plan) .......................................... 103
57 Amendment of s 191 (EM plan assessment report may
be prepared) ................................... 104
58 Amendment of s 192 (Requirements for EM plan assessment
report) ......................................... 104
59 Omission of ch 5, pt 5, div 3, sdiv 4, hdg (Decision stage). . . . . . 104
60 Replacement of ch 5, pt 6, hdg (Processing environmental
authority (mining lease) applications . . . . . . . . . . . . . . . . . . . . . . 104
61 Amendment of s 196 (Operation of pt 6) . . . . . . . . . . . . . . . . . . . 105
62 Replacement of s 197 (Summary of pt 6 process) . . . . . . . . . . . . 105
197 Summary of pt 6 process . . . . . . . . . . . . . . . . . . . . . . 105
63 Replacement of ch 5, pt 6, div 2, hdg (EIS stage for
non-standard applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
64 Amendment of s 198 (Application of div 2). . . . . . . . . . . . . . . . . . 107
65 Amendment of s 199 (EIS process applies) . . . . . . . . . . . . . . . . . 107
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66 Replacement of ch 5, pt 6, div 3, hdg (Environmental
management document stage for non-standard applications) . . . 107
67 Omission of s 200 (Application of div 3) . . . . . . . . . . . . . . . . . . . . 107
68 Replacement of s 201 (EMOS required) . . . . . . . . . . . . . . . . . . . 107
201 Environmental management plan required . . . . . . . . 107
69 Amendment of s 202 (Purpose of EMOS) . . . . . . . . . . . . . . . . . . 108
70 Amendment of s 203 (EMOS--content requirements) . . . . . . . . . 108
71 Amendment of s 204 (Amending EMOS) . . . . . . . . . . . . . . . . . . . 109
72 Amendment of s 205 (EMOS assessment report may
be prepared) .................................... 109
73 Amendment of s 206 (Requirements for EMOS assessment
report) ......................................... 110
74 Amendment of s 207 (Administering authority may refuse
application) ..................................... 110
75 Amendment of s 208 (Obligation to prepare draft environmental
authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
76 Omission of s 209 (Conditions--standard applications). . . . . . . . 111
77 Amendment of s 210 (Conditions--non-standard applications) . . 111
78 Amendment of ch 5, pt 6, div 6, hdg (Public notice and
objections stage for all applications). . . . . . . . . . . . . . . . . . . . . . . 111
79 Amendment of s 213 (Public access to application documents) . 111
80 Amendment of s 216 (Right to make objection) . . . . . . . . . . . . . . 111
81 Amendment of s 222 (Nature of objections decision). . . . . . . . . . 112
82 Amendment of s 223 (Matters to be considered for objections
decision) ....................................... 112
83 Amendment of s 225 (EPA Minister's decision on application). . . 112
84 Amendment of s 234 (Content requirements) . . . . . . . . . . . . . . . 112
85 Replacement of s 239 (Additional conditions may be sought for
standard authorities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
239 Conditions of code compliant authority may be
amended ............................. 113
86 Amendment of s 240 (Requirements for application) . . . . . . . . . . 113
87 Omission of ch 5, pt 8, div 3 (Processing amendment
applications for standard authorities) . . . . . . . . . . . . . . . . . . . . . . 113
88 Replacement of ch 5, pt 8, div 4, hdg (Processing other
amendment applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
89 Omission of ch 5, pt 8, div 3, as renumbered under this
Act, sdiv 1 (Preliminary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
90 Renumbering of ch 5, pt 8, div 3, as renumbered under
this Act, sdiv 2 (Assessment level decision) . . . . . . . . . . . . . . . . . 114
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91 Insertion of new s 247A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
247A Criteria for making assessment level decision . . . . . . 114
92 Replacement of s 248 (Automatic refusal if EIS required) . . . . . . 115
248 Notice of EIS requirement . . . . . . . . . . . . . . . . . . . . . 115
93 Renumbering of ch 5, pt 8, div 3, as renumbered under
this Act, sdiv 3 (Process if decision is significant increase in
environmental harm likely and EIS not required) . . . . . . . . . . . . . 115
94 Amendment of s 250 (Application of sdiv 3) . . . . . . . . . . . . . . . . . 115
95 Amendment of s 251 (Relevant application process applies). . . . 116
96 Replacement of s 253 (Previous environmental management
document may be amended) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
253 Submitted EM plan may be amended . . . . . . . . . . . . 117
97 Renumbering of ch 5, pt 8, div 3, as renumbered under
this Act, sdiv 4 (Process if decision is significant environmental
harm unlikely) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
98 Amendment of s 256 (Application of sdiv 4) . . . . . . . . . . . . . . . . . 118
99 Insertion of new s 258A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
258A Submitted EM plan may be amended . . . . . . . . . . . . 118
100 Amendment of s 259 (Transfer only by approval) . . . . . . . . . . . . . 118
101 Amendment of s 260 (Requirements for transfer application) . . . 118
102 Insertion of new s 260A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
260A Additional requirement for transfer application
for code compliant authority if no amendment
application made ...................... 119
103 Amendment of s 262 (Deciding application). . . . . . . . . . . . . . . . . 120
104 Amendment of s 265 (Effect of plan of operations and
environmental management documents after transfer) . . . . . . . . 120
105 Amendment of s 274 (Content requirements for report). . . . . . . . 120
106 Amendment of s 280 (Administering authority may require
environmental audit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
107 Omission of s 291 (Other amendments--standard authorities) . . 121
108 Amendment of s 292 (Other amendments--non-standard
authorities) ..................................... 121
109 Amendment of s 293 (Conditions) . . . . . . . . . . . . . . . . . . . . . . . . 121
110 Amendment of s 302 (Requirement to seek advice from
MRA chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
111 Insertion of new ch 5, pt 13, div 1A . . . . . . . . . . . . . . . . . . . . . . . 122
Division 1A Transfer of interest in an application for or to
transfer environmental authority (mining
activities)
11
Environmental Protection and Other Legislation
Amendment Bill 2004
302A Amending application to change applicant. . . . . . . . . 122
112 Omission of ch 6, pt 1 (Integrated authorities) . . . . . . . . . . . . . . . 123
113 Omission of ch 6, pt 2, hdg (Miscellaneous provisions) . . . . . . . . 123
114 Amendment of s 318A (Changing anniversary day). . . . . . . . . . . 123
115 Amendment of s 364 (When financial assurance may be required) 123
116 Amendment of s 365 (Person may show cause why financial
assurance should not be required) . . . . . . . . . . . . . . . . . . . . . . . . 124
117 Amendment of s 367 (Claims on financial assurances) . . . . . . . . 125
118 Amendment of s 426 (Environmental authority required for
mining or petroleum activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
119 Omission of s 428 (New approval required for certain activities
if significant change). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
120 Amendment of s 429 (Special provisions for interstate
transporters of controlled waste) . . . . . . . . . . . . . . . . . . . . . . . . . 126
121 Amendment of s 430 (Contravention of condition of
environmental authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
122 Amendment of s 480 (False, misleading or incomplete
documents) ..................................... 127
123 Amendment of s 495 (Proceedings for indictable offences) . . . . . 127
124 Amendment of s 520 (Dissatisfied person) . . . . . . . . . . . . . . . . . 128
125 Amendment of s 529 (Decision for appeals against refusals
under s 207) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
126 Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . 128
127 Amendment of s 549 (Minister may approve standard
environmental conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
128 Replacement of ss 550 and 550A . . . . . . . . . . . . . . . . . . . . . . . . 129
550 Effect of changes to standard environmental
conditions ............................. 129
129 Amendment of s 575 (Entry orders) . . . . . . . . . . . . . . . . . . . . . . . 130
130 Replacement of s 579 (Compensation) . . . . . . . . . . . . . . . . . . . . 131
579 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
131 Amendment of s 584 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . 133
132 Amendment of s 585 (What is a condition of a mining tenement
for div 2) ....................................... 133
133 Replacement of s 593 (Transitional authority taken to be
non-standard) ................................... 133
593 Transitional authority taken to be non-code compliant 134
134 Replacement of s 603 (Conversion to standard authority by
application) ..................................... 134
12
Environmental Protection and Other Legislation
Amendment Bill 2004
603 Application to convert transitional authority to
environmental authority for a level 2 mining project . . 134
603A Requirements for conversion application . . . . . . . . . . 134
603B Automatic conversion for particular applications . . . . 135
603C Deciding application if additional conditions
requested .......................... 135
135 Amendment of ch 13, pt 2, div 4, sdiv 4, hdg (Environment
management document requirements) . . . . . . . . . . . . . . . . . . . . 136
136 Amendment of s 608 (Environmental management document
may be required) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
137 Omission of s 622 (Effect of commencement on particular
integrated authorities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
138 Insertion of new ch 13, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Part 7 Transitional provisions for Environmental
Protection and Other Legislation Amendment
Act 2004
Division 1 Preliminary
635 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 2 Provisions for former integrated authorities
636 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
637 Continuing status of each constituent part as an
environmental authority . . . . . . . . . . . . . . . . . . . . . . . 138
638 Re-issuing of environmental authorities if they do
not form a single mining or petroleum project . . . . . . 139
Division 3 Other provisions
639 Environmental authorities under old chapter 4A . . . . 139
640 Applications in progress under old chapter 4A . . . . . . 140
641 Existing environmental management documents. . . . 140
139 Amendment of sch 1 (Original decisions). . . . . . . . . . . . . . . . . . . 140
140 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 142
Part 4 Amendment of Integrated Planning Act 1997
141 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
142 Insertion of new ch 6, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Part 5 Transitional provisions for Environmental
Protection and Other Legislation Amendment
Act 2004
6.5.1 When particular development approvals lapse. . . . . . 148
143 Amendment of sch 8 (Assessable development and
self-assessable development) ...................... 148
13
Environmental Protection and Other Legislation
Amendment Bill 2004
144 Amendment of sch 8A (Assessment manager for development
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
145 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 149
146 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 149
Part 5 Amendment of Land and Resources Tribunal Act 1999
147 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
148 Amendment of sch 1 (Requirements for constituting tribunal) . . . 150
Part 6 Amendment of Marine Parks Act 1982
149 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
150 Amendment of s 22 (Revocation of marine parks) . . . . . . . . . . . . 151
151 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
22A Publication of revocation notice . . . . . . . . . . . . . . . . . 151
Part 7 Amendment of Meaker Trust (Raine Island Research)
Act 1981
152 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
153 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
42 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
43 Transfer of corporation's assets and liabilities on
expiry day ............................. 152
Part 8 Amendment of Mineral Resources Act 1989
154 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
155 Amendment of s 64A (Issue of certificate of public notice) . . . . . 153
156 Amendment of s 252A (Issue of certificate of public notice) . . . . 154
Part 9 Amendment of Nature Conservation Act 1992
157 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
158 Replacement of s 3 (Crown bound) . . . . . . . . . . . . . . . . . . . . . . . 154
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . 155
159 Amendment of s 3A (Territorial application of Act) . . . . . . . . . . . . 155
160 Amendment of s 5 (How object is to be achieved) . . . . . . . . . . . . 155
161 Amendment of s 29 (Dedication of protected areas) . . . . . . . . . . 155
162 Amendment of s 30 (Revocation of State forests and timber
reserves) ...................................... 155
163 Amendment of s 32 (Revocation of protected areas) . . . . . . . . . . 155
164 Amendment of s 33 (Amalgamation etc. of protected areas) . . . . 156
165 Amendment of s 53 (Proposal to declare World Heritage
management area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
14
Environmental Protection and Other Legislation
Amendment Bill 2004
166 Amendment of s 56 (Revocation of World Heritage
management area) .............................. 156
167 Amendment of s 57 (Proposal to declare international
agreement area) ............................... 156
168 Amendment of s 70E (Revocation of forest reserves) . . . . . . . . . 156
169 Amendment of s 74 (Management principles of international
wildlife) ........................................ 157
170 Amendment of s 83 (Property in protected animals) . . . . . . . . . . 157
171 Amendment of s 84 (Property in protected plants). . . . . . . . . . . . 157
172 Replacement of s 88 (Restriction on taking etc. protected
animals) ....................................... 157
88 Restrictions on taking protected animal and keeping
or use of unlawfully taken protected animal . . . . . . . . 157
88A Restriction on keeping or use of lawfully taken
protected animal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
88B Offence to keep or use native wildlife reasonably
suspected to have been unlawfully taken . . . . . . . . . . 161
173 Amendment of s 91 (Prohibition on release etc. of international
and prohibited wildlife) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
174 Amendment of s 95 (Payment of conservation value) . . . . . . . . . 163
175 Replacement of pt 5, div 7, hdg (General) . . . . . . . . . . . . . . . . . . 163
176 Insertion of new pt 5, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Division 8 Captive breeding agreements and captive
breeding for conservation
Subdivision 1 Preliminary
100A Main purpose of div 8 and its achievement . . . . . . . . 163
Subdivision 2 Captive breeding agreements
100B Minister's power to enter into captive breeding
agreement ............................ 164
100C Things a captive breeding agreement may provide
for ................................ 165
100D Required provisions for captive breeding agreement . 165
100E Restriction on the taking, under a captive breeding
agreement, of wildlife in the wild. . . . . . . . . . . . . . . . . 166
100F Additional provisions for termination of captive
breeding agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 166
100G Obligation to surrender protected wildlife on
termination of captive breeding agreement . . . . . . . . 167
Subdivision 3 Chief executive's power for captive breeding
100H Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
177 Amendment of s 112 (Conservation plans) . . . . . . . . . . . . . . . . . 168
15
Environmental Protection and Other Legislation
Amendment Bill 2004
178 Amendment of s 133 (Chief executive to keep register). . . . . . . . 168
179 Amendment of s 135 (Chief executive may inquire into
applications) .................................... 168
180 Insertion of new ss 152A and 152B . . . . . . . . . . . . . . . . . . . . . . . 168
152A General powers for seized things . . . . . . . . . . . . . . . . 168
152B Offence to tamper with seized thing . . . . . . . . . . . . . . 170
181 Amendment of s 160 (Evidentiary provisions) . . . . . . . . . . . . . . . 170
182 Amendment of s 164 (Indictable and summary offences) . . . . . . 171
183 Amendment of s 165 (Proceedings for indictable offences) . . . . . 171
184 Amendment of s 173A (Definitions for div 2) . . . . . . . . . . . . . . . . 171
185 Insertion of new ss 173P and 173Q . . . . . . . . . . . . . . . . . . . . . . . 172
173P Chief executive's general powers . . . . . . . . . . . . . . . . 172
173Q Publication of notice for revocation under s 30, 32,
56 or 70E or particular amalgamations under s 33 . . 172
186 Amendment of s 175 (Regulation-making power) . . . . . . . . . . . . 173
187 Insertion of new pt 12, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 173
Division 1 Savings and transitional provisions for Act
No. 20 of 1992'.
188 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Division 2 Savings and transitional provisions for Nature
Conservation and Other Legislation
Amendment Act 2000
184 Provision to allow beekeeping in particular former
forest reserves until 2025 . . . . . . . . . . . . . . . . . . . . . . 174
185 Provision for commercial activity permits for former
forest reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
189 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 175
Part 10 Amendment of Nature Conservation Amendment Act 2004
190 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
191 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
7A Amendment of s 88 (Restrictions on taking protected
animal and keeping or use of unlawfully taken
protected animal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
192 Omission of s 11 (Insertion of new pt 12, div 1, hdg) . . . . . . . . . . 176
193 Amendment of s 12 (Insertion of new pt 12, div 2). . . . . . . . . . . . 176
2004
A Bill
for
An Act to amend the Environmental Protection Act 1994, and
for other purposes
s1 18 s4
Environmental Protection and Other Legislation
Amendment Bill 2004
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 Legislation Amendment Act 2004. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Coastal 8
Protection and Management 9
Act 1995 10
Clause 3 Act amended in pt 2 11
This part amends the Coastal Protection and Management 12
Act 1995. 13
Clause 4 Amendment of s 9 (Meaning of canal) 14
Section 9(3)-- 15
omit, insert-- 16
`(3) However, canal does not include any part of tidal water 17
containing facilities that are used commercially or by 18
members of a club or association for 1 or more of the 19
following-- 20
(a) boat launching, landing, berthing or storing; 21
(b) boat repairs of a minor nature; 22
s5 19 s8
Environmental Protection and Other Legislation
Amendment Bill 2004
(c) boat provisioning, fueling or servicing; 1
(d) recreation, comfort and convenience of persons who 2
own or use boats.'. 3
Clause 5 Amendment of s 25 (Functions of regional consultative 4
group) 5
Section 25(1)(b), `ecological'-- 6
omit, insert-- 7
`ecologically'. 8
Clause 6 Amendment of s 39 (Public notice inviting submissions 9
on draft regional plan) 10
Section 39(2)-- 11
insert-- 12
`(e) identify any proposed coastal management district that 13
may be declared under section 54(1)(a) when the final 14
regional plan has effect.'. 15
Clause 7 Amendment of ch 2, pt 3, hdg (Coastal management 16
districts and erosion prone areas) 17
Chapter 2, part 3, heading, `and erosion prone areas'-- 18
omit. 19
Clause 8 Amendment of s 54 (Declaration of coastal management 20
districts) 21
Section 54(1)(a), `giving effect to the plan; or'-- 22
omit, insert-- 23
`made at the same time the regional plan, or an amendment of 24
the regional plan, is given effect;1 or'. 25
1 See section 47 (Approval of final coastal plan).
s9 20 s 10
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 9 Insertion of new s 58A 1
Chapter 2, part 3, division 1-- 2
insert-- 3
`58A Amendment of coastal management districts in s 169 4
`(1) This section applies to an area that became a coastal 5
management district under section 169, to the extent the area 6
has not been later declared a coastal management district 7
under section 54. 8
`(2) Subsection (3) applies if-- 9
(a) a coastal engineering assessment of an erosion prone 10
area is prepared for a location; and 11
(b) the chief executive agrees with the assessment; and 12
(c) the chief executive amends the erosion prone area under 13
section 71; and 14
(d) when the assessment is made, the width of the erosion 15
prone area at the location is the same as the width of the 16
coastal management district at the location. 17
`(3) The width of the coastal management district at the location is 18
amended to be the same as the width of the amended erosion 19
prone area at the location. 20
`(4) To remove any doubt, it is declared that public notice of the 21
amendment of the coastal management district under this 22
section is not required.'. 23
Clause 10 Amendment of s 60 (Tidal works notices) 24
(1) Section 60(1)-- 25
omit, insert-- 26
`(1) If, in the chief executive's opinion, tidal works need repair, 27
are abandoned or should be removed, the chief executive may 28
give a notice (a tidal works notice) to 1 or more of the 29
following-- 30
(a) the person responsible for the tidal works; 31
s 11 21 s 13
Environmental Protection and Other Legislation
Amendment Bill 2004
(b) the person responsible for the maintenance of the tidal 1
works; 2
(c) the owner of freehold land, or the lessee of land leased 3
from the State, if the land is connected to, or receives, 4
the benefit of the tidal works.'. 5
(2) Section 60(3), `works'-- 6
omit, insert-- 7
`tidal works'. 8
Clause 11 Amendment of s 71 (Amending erosion prone areas) 9
Section 71(2)-- 10
insert-- 11
`(c) advise each owner of land affected by the amendment 12
how the erosion prone area has been amended.'. 13
Clause 12 Omission of ch 2, pt 5, div 1, sdiv 3 (Removal of quarry 14
materials may require other approval) 15
Chapter 2, part 5, division 1, subdivision 3-- 16
omit. 17
Clause 13 Amendment of s 85 (Suspension or 18
cancellation--grounds) 19
Section 85(b)(iii)-- 20
omit, insert-- 21
`(iii) has not, within 1 year after the day the notice was 22
issued, applied for-- 23
(A) if the holder must have a development permit 24
for the removal of the quarry material--a 25
development permit; or 26
(B) if the removal of the quarry material is an 27
environmentally relevant activity--the 28
required authority; or'. 29
s 14 22 s 15
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 14 Omission of s 94 (Relationship with IPA) 1
Section 94-- 2
omit. 3
Clause 15 Insertion of new ch 2, pt 5, div 2A 4
After section 100-- 5
insert-- 6
`Division 2A Removal of quarry material may 7
require other approvals 8
`100A Removal of quarry material is subject to other 9
approvals 10
`(1) An allocation notice or an approved dredge management plan 11
authorises the holder, during the period the notice or plan is in 12
force, to access quarry material. 13
`(2) However, the holder is not authorised to remove any quarry 14
material under the notice or plan until the holder has 15
obtained-- 16
(a) if the holder must have a development permit for the 17
removal of the quarry material--a development permit; 18
and 19
(b) if the removal of the quarry material is an 20
environmentally relevant activity--the required 21
authority. 22
`(3) Subsection (4) applies to an application, involving the 23
removal of quarry material below high water mark, for-- 24
(a) a development permit for-- 25
(i) a material change of use mentioned in the 26
Integrated Planning Act 1997, schedule 8, part 1, 27
table 2; or 28
(ii) operational work mentioned in the Integrated 29
Planning Act 1997, schedule 8, part 1, table 4, 30
item 5; or 31
s 15 23 s 15
Environmental Protection and Other Legislation
Amendment Bill 2004
(iii) a mobile and temporary environmentally relevant 1
activity mentioned in the Integrated Planning Act 2
1997, schedule 8, part 1, table 5, item 3; or 3
(b) an environmental authority. 4
`(4) The application must be supported by-- 5
(a) evidence of an allocation notice or an approved dredge 6
management plan for the removal of the quarry material 7
mentioned in the application; or 8
(b) the written consent of the chief executive to the 9
application. 10
`(5) However, the chief executive may refuse to consent if-- 11
(a) the person is not the holder of an allocation notice or an 12
approved dredge management plan; or 13
(b) the person is the holder of an allocation notice or an 14
approved dredge management plan but the works to 15
which the application relates are not consistent with the 16
notice or plan. 17
`(6) Also, subsection (2)(a) does not apply to the holder of an 18
approved dredge management plan if section 100B applies to 19
the plan. 20
`100B Relationship with Integrated Planning Act 1997 21
`(1) This section applies to a person who has an approved dredge 22
management plan dealing with operational work mentioned in 23
the Integrated Planning Act 1997, schedule 8, part 1, table 4, 24
item 5. 25
`(2) Despite the Integrated Planning Act 1997, section 3.1.4, the 26
person is not required to have a development approval for the 27
work if-- 28
(a) the chief executive would be the assessment manager for 29
the work under that Act; and 30
(b) an entity that would be a referral agency for the work 31
under that Act has advised the chief executive it has no 32
requirements for the work or its requirements for the 33
work have been incorporated into the plan. 34
s 16 24 s 18
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) Also, despite the Integrated Planning Act 1997, section 3.3.3, 1
the person is not required to refer a development application 2
for the work to the chief executive if the chief executive is a 3
referral agency for the work.2 4
`(4) Subsections (2) and (3) apply only to the extent the 5
operational works have been approved under the plan.'. 6
Clause 16 Amendment of s 102 (Royalty or price for quarry material) 7
Section 102(3)-- 8
omit. 9
Clause 17 Amendment of s 120 (Registration of 10
instruments--construction of artificial waterways) 11
Section 120(1)-- 12
insert-- 13
`(c) if the artificial waterway is not a canal--the plan of 14
subdivision is certified by a local government under 15
section 119(2).'. 16
Clause 18 Insertion of new ch 2, pt 6, div 5 17
After section 120-- 18
insert-- 19
`Division 5 Exemption certificates 20
`120A Application for exemption certificate 21
`(1) A person may apply to the chief executive for an exemption 22
certificate to carry out operational work that would have 23
insignificant impact on coastal management. 24
`(2) The application must be supported by enough information to 25
enable the chief executive to decide the application. 26
2 Integrated Planning Act 1997, sections 3.1.4 (When is a development permit
necessary) and 3.3.3 (Applicant gives material to referral agency)
s 18 25 s 18
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) The chief executive may require-- 1
(a) the applicant to give additional information about the 2
application; or 3
(b) any information included in the application, or any 4
additional information required under paragraph (a), to 5
be verified by statutory declaration. 6
`(4) The chief executive must require any entity that would have 7
been a referral agency, if the application had been a 8
development application, to give advice or comment about the 9
application. 10
`120B Deciding application for exemption certificate 11
`(1) The chief executive must decide the application within-- 12
(a) if a request is made under section 120A(3) 13
or (4)--20 business days after the day the chief 14
executive receives the last information requested; or 15
(b) otherwise--20 business days after the day the chief 16
executive receives the application. 17
`(2) If the chief executive approves the application, with or 18
without conditions, the chief executive must, as soon as 19
practicable after approving the application, give the applicant 20
an exemption certificate. 21
`(3) If the chief executive refuses the application or approves it 22
with conditions, the chief executive must, as soon as 23
practicable, give the applicant a notice stating the reasons for 24
the refusal or the conditions. 25
`(4) If an entity that would have been a concurrence agency if the 26
application had been a development application tells the chief 27
executive to refuse the application, the chief executive must 28
refuse the application. 29
`(5) If the chief executive does not decide the application under 30
this section, the application is taken to be refused. 31
s 19 26 s 21
Environmental Protection and Other Legislation
Amendment Bill 2004
`120C Chief executive may give exemption certificate 1
without application 2
`The chief executive may, at any time and without a person 3
having applied under section 120A, give the person an 4
exemption certificate to carry out operational work mentioned 5
in section 120A(1).'. 6
Clause 19 Amendment of s 123 (Development permits--right to use 7
and occupy) 8
Section 123(1), `on land under tidal water'-- 9
omit. 10
Clause 20 Amendment of s 124 (Obligation to keep certain tidal 11
works in safe condition) 12
Section 124(1)(b), `on land under tidal water'-- 13
omit. 14
Clause 21 Replacement of s 165 (Delegation by chief executive) 15
Section 165-- 16
omit, insert-- 17
`165 Delegation by chief executive 18
`(1) The chief executive may delegate the executive's powers 19
under this Act to-- 20
(a) an appropriately qualified-- 21
(i) authorised person; or 22
(ii) public service officer; or 23
(b) a local government; or 24
(c) a port authority; or 25
(d) a statutory authority. 26
`(2) A delegation of a chief executive's power to a local 27
government may permit the subdelegation of the power to an 28
appropriately qualified entity. 29
s 22 27 s 24
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) Also, the chief executive may appoint an appropriately 1
qualified public service officer to act as a member of, and as 2
the chairperson of, the advisory council in the absence of the 3
chief executive.'. 4
Clause 22 Amendment of s 167 (Regulation-making power) 5
(1) Section 167(2)-- 6
insert-- 7
`(j) declaring, for this Act, the downstream limit of a 8
watercourse to be the downstream limit of the 9
watercourse under the Water Regulation 2002.'. 10
(2) Section 167(3), `(2)(f)'-- 11
omit, insert-- 12
`(2)(g)'. 13
Clause 23 Amendment of s 171 (Continuing effect of authorities 14
under Harbours Act) 15
Section 171(2), `item 3D'-- 16
omit, insert-- 17
`table 4, item 5'. 18
Clause 24 Amendment of s 176 (Continuing effect of approvals 19
under Canals Act) 20
(1) Section 176(2)(a)-- 21
omit, insert-- 22
`(a) the provisional approval, and any conditions of the 23
approval, have effect as if the approval were a 24
development permit for a material change of use of 25
premises, but only to the extent authorised by the 26
approval; and'. 27
(2) Section 176(2)(b)(ii)-- 28
omit, insert-- 29
s 25 28 s 26
Environmental Protection and Other Legislation
Amendment Bill 2004
`(ii) operational works to construct the waterway and 1
the access channel.'. 2
Clause 25 Omission of s 181 (Applications to reconfigure a lot in a 3
coastal management district) 4
Section 181-- 5
omit. 6
Clause 26 Insertion of new ch 6, pt 4 7
After section 186-- 8
insert-- 9
`Part 4 Transitional provisions for 10
Environmental Protection and 11
Other Legislation Amendment 12
Act 2004 13
`187 Integrated Planning Act 1997 applies to all 14
development relating to the construction of canals 15
`(1) Subsection (2) applies for-- 16
(a) a provisional approval to construct a canal granted under 17
the repealed Canals Act, section 5; or 18
(b) a provisional approval, mentioned in section 179(1)(f), 19
to construct a canal and granted before or after the 20
commencement of this section. 21
`(2) The Integrated Planning Act 1997 applies for development 22
relating to the construction of the canal authorised by the 23
approval. 24
`188 Applications to reconfigure a lot in a coastal 25
management district 26
`(1) Subsections (3) and (4) apply if-- 27
(a) before 20 October 2003, a person-- 28
s 26 29 s 26
Environmental Protection and Other Legislation
Amendment Bill 2004
(i) held an authority from a local government to 1
reconfigure a lot in a coastal management district; 2
and 3
(ii) had not applied for the Governor in Council's 4
consent under the repealed Beach Protection Act, 5
section 45(4); and 6
(b) the person intends to reconfigure the lot. 7
`(2) Subsections (3) and (4) also apply if-- 8
(a) before 20 October 2004, an application to reconfigure a 9
lot in a coastal management district was made to a local 10
government under the Integrated Planning Act 1997; 11
and 12
(b) the application was not decided before 20 October 2003; 13
and 14
(c) the local government issues a development permit for 15
the reconfiguration on or after 20 October 2003. 16
`(3) The person must apply for a further development approval for 17
the reconfiguration under the Integrated Planning Act 1997. 18
`(4) For an application made under subsection (3)-- 19
(a) the chief executive is the assessment manager; and 20
(b) there are no referral agencies; and 21
(c) no referral coordination is required; and 22
(d) only code assessment is required. 23
`(5) The chief executive may give the registrar of titles notice 24
about land to which an application under subsection (3) 25
applies. 26
`(6) If the chief executive gives the registrar a notice under 27
subsection (5) the registrar-- 28
(a) must record the notice in a way that a search of the land 29
registry will show that the land is subject to this Act; and 30
(b) must not register a plan of subdivision dealing with the 31
reconfiguration of the land until the chief executive has 32
issued a development permit for the application. 33
s 26 30 s 26
Environmental Protection and Other Legislation
Amendment Bill 2004
`(7) If the registrar has recorded information under subsection (6) 1
and the chief executive becomes aware the information no 2
longer applies or has changed-- 3
(a) the chief executive must give the registrar notice that the 4
information no longer applies or has changed; and 5
(b) the registrar must update the record. 6
`189 Particular permits under the Beach Protection Act 7
`(1) This section applies to the following permits-- 8
(a) a permit under the repealed Beach Protection Act, 9
section 47(1A); 10
(b) a permit issued for an application under the repealed 11
Beach Protection Act, section 47(1A) and taken to be a 12
development permit; 13
(c) a development permit issued before 31 December 2004 14
for operational work mentioned in the Integrated 15
Planning Act 1997, schedule 8, part 1, table 4, item 5(a) 16
or (b)(i) or (iii). 17
`(2) Despite section 177, the Integrated Planning Act 1997, 18
section 3.5.21(1) does not apply if the work authorised by the 19
permit may be carried out more than once. 20
`(3) A permit to which this section applies lapses at the end of the 21
currency period for the permit. 22
`190 Assessment manager for particular applications 23
`(1) This section applies to a deemed approval mentioned in 24
section 177 if the holder of the approval wishes to make a 25
minor change to it. 26
`(2) The chief executive must decide who will be the assessment 27
manager for the application to amend the approval. 28
`(3) An entity that would have been a concurrence agency for the 29
deemed approval is taken to be a concurrence agency for the 30
application to amend. 31
s 27 31 s 27
Environmental Protection and Other Legislation
Amendment Bill 2004
`(4) Subsection (2) applies despite the Integrated Planning Act 1
1997, section 3.5.24 but subject to subsection (5). 2
`(5) The local government may elect not to be the assessment 3
manager for the application to amend. 4
`(6) However, if the local government elects not to be the 5
assessment manager for the application to amend, the local 6
government can not be a referral agency. 7
`191 When particular applications lapse 8
`(1) Subsection (3) applies if-- 9
(a) an application was made under the Beach Protection Act 10
before 20 October 2003; and 11
(b) the chief executive has, by written notice, asked the 12
applicant to give the chief executive, within 1 year, a 13
stated document or information relevant to the 14
application; and 15
(c) the applicant did not give the stated document or 16
information to the chief executive within 1 year after the 17
request. 18
`(2) Subsection (3) also applies for an application mentioned in 19
section 180(1) if-- 20
(a) the chief executive has, by written notice, asked the 21
applicant to give the chief executive, within 1 year, a 22
stated document or information relevant to the 23
application; and 24
(b) the applicant did not give the stated document or 25
information to the chief executive within 1 year after the 26
request. 27
`(3) The application lapses.'. 28
Clause 27 Amendment of schedule (Dictionary) 29
(1) Schedule, definition tidal water-- 30
omit. 31
(2) Schedule-- 32
s 27 32 s 27
Environmental Protection and Other Legislation
Amendment Bill 2004
insert-- 1
`appropriately qualified-- 2
1 Appropriately qualified, for an individual to whom a 3
power of the chief executive under this Act may be 4
delegated, includes having the qualifications, experience 5
or standing appropriate to exercise the power. 6
7
Example of standing--
8
a person's classification level in the public service
2 If a power delegated to a local government may be 9
subdelegated by the local government, the following are 10
appropriately qualified entities for the subdelegation-- 11
(a) the local government's mayor; 12
(b) a standing committee or a chairperson of a 13
standing committee of the local government; 14
(c) the local government's chief executive officer; 15
(d) an employee of the local government, having the 16
qualifications, experience or standing appropriate 17
to exercise the power. 18
19
Example of standing for paragraph (d)--
20
the employee's classification level in the local government
chapter 4 activity see the Environmental Protection Act 1994, 21
schedule 3. 22
environmentally relevant activity see the Environmental 23
Protection Act 1994, section 18. 24
operational work see the Integrated Planning Act 1997, 25
section 1.3.5. 26
referral agency see the Integrated Planning Act 1997, 27
schedule 10. 28
registration certificate see the Environmental Protection Act 29
1994, section 73F. 30
required authority, for an environmentally relevant activity, 31
means any of the following required for the activity under the 32
Environmental Protection Act 1994-- 33
(a) for a chapter 4 activity-- 34
s 28 33 s 29
Environmental Protection and Other Legislation
Amendment Bill 2004
(i) a registration certificate; and 1
(ii) if the activity is not subject to a code of 2
environmental compliance--a development 3
permit; 4
(b) for a mining activity or petroleum activity--an 5
environmental authority. 6
tidal water means-- 7
(a) the sea and any part of a harbour or watercourse 8
ordinarily within the ebb and flow of the tide at spring 9
tides; or 10
(b) the water downstream from a downstream limit declared 11
under a regulation.'. 12
(3) Schedule, definition tidal works-- 13
insert-- 14
`2A Tidal works also includes works designed to be exposed to 15
tidal water because of shoreline fluctuations.'. 16
(4) Schedule, definition tidal works, item 3(e), `the material'-- 17
omit, insert-- 18
`the material or use of the material to reclaim land'. 19
Part 3 Amendment of Environmental 20
Protection Act 1994 21
Clause 28 Act amended in pt 3 22
This part amends the Environmental Protection Act 1994. 23
Clause 29 Insertion of new s 7A 24
Chapter 1, part 3, division 1-- 25
insert-- 26
s 30 34 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
`7A Notes in text 1
`A note in the text of this Act is part of this Act.'. 2
Clause 30 Amendment of s 20 (Levels for environmentally relevant 3
activities) 4
Section 20(2) and (3)-- 5
omit, insert-- 6
`(2) A level 1 mining project is a level 1 environmentally relevant 7
activity. 8
`(3) A level 2 mining project is a level 2 environmentally relevant 9
activity.'. 10
Clause 31 Amendment of s 37 (When EIS process applies) 11
(1) Section 37(1)(b) to (d)-- 12
renumber as section 37(c) to (e). 13
(2) Section 37(1)-- 14
insert-- 15
`(b) an EIS requirement is in force in relation to an 16
application for an environmental authority (petroleum 17
activities); or'. 18
(3) Section 37(2), `subsection (1)(a)'-- 19
omit, insert-- 20
`subsection (1)(a) or (b)'. 21
Clause 32 Replacement of ch 4A (Environmental authorities for 22
petroleum activities) 23
Chapter 4A-- 24
omit, insert-- 25
s 32 35 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
`Chapter 4A Environmental authorities 1
for petroleum activities 2
`Part 1 Preliminary 3
`74 Purpose of ch 4A 4
`(1) The purpose of this chapter is to provide for environmental 5
authorities for petroleum activities. 6
`(2) An environmental authority issued under this chapter is an 7
environmental authority (petroleum activities). 8
`75 Types of environmental authority (petroleum activities) 9
`(1) The types of environmental authority (petroleum activities) 10
are a code compliant authority and a non-code compliant 11
authority. 12
`(2) A code compliant authority is an environmental authority 13
(petroleum activities) issued under part 2, division 3, 14
subdivision 1.3 15
`(3) However, a code compliant authority ceases to be a code 16
compliant authority if, under part 3, 4 or 6,4 its conditions are 17
amended or new conditions are imposed on it. 18
`(4) A non-code compliant authority is any environmental 19
authority (petroleum activities) other than a code compliant 20
authority. 21
`76 What is a petroleum authority and the Petroleum 22
legislation 23
`(1) A petroleum authority is-- 24
3 Part 2, division 3, subdivision 1 (Code compliant authorities)
4 Part 3 (Amending environmental authorities (petroleum activities) by application),
4 (Transfers) or 6 (Amendment, cancellation or suspension by administering
authority)
s 32 36 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(a) a 1923 Act petroleum tenure granted under the 1
Petroleum Act 1923; or 2
(b) a petroleum authority granted under the Petroleum and 3
Gas (Production and Safety) Act 2004; or 4
(c) a licence, permit, pipeline licence, primary licence, 5
secondary licence or special prospecting authority 6
granted under the Petroleum (Submerged Lands) Act 7
1982. 8
`(2) The Petroleum and Gas (Production and Safety) Act 2004 is 9
referred to as the P&G Act. 10
`(3) The Acts mentioned in subsection (1) are collectively referred 11
to as the petroleum legislation. 12
`77 What is a petroleum activity, a level 1 petroleum 13
activity and a level 2 petroleum activity 14
`(1) A petroleum activity is-- 15
(a) an activity that, under the Petroleum Act 1923 is an 16
authorised activity for a 1923 Act petroleum tenure 17
under that Act; or 18
(b) an activity that, under the P&G Act is an authorised 19
activity for a petroleum authority under that Act; or 20
(c) exploring for or mining minerals under a licence, 21
permit, pipeline licence, primary licence, secondary 22
licence or special prospecting authority granted under 23
the Petroleum (Submerged Lands) Act 1982; or 24
(d) rehabilitating or remediating environmental harm 25
because of an activity mentioned in paragraphs (a) 26
to (c); or 27
(e) action taken to prevent environmental harm because of 28
an activity mentioned in paragraphs (a) to (d); or 29
(f) an activity required under a condition of an 30
environmental authority (petroleum activities); or 31
(g) an activity required under a condition of an 32
environmental authority (petroleum activities) that has 33
ended or ceased to have effect, if the condition-- 34
s 32 37 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(i) continues to apply after the authority has ended or 1
ceased to have effect; and 2
(ii) has not been complied with.5 3
`(2) A level 1 petroleum activity is a petroleum activity that, under 4
section 20(1), is prescribed as a level 1 environmentally 5
relevant activity. 6
`(3) A level 2 petroleum activity is a petroleum activity that, under 7
section 20(1), is prescribed as a level 2 environmentally 8
relevant activity. 9
`78 What is a relevant petroleum authority 10
`A relevant petroleum authority for a petroleum activity, 11
environmental authority (petroleum activities) or an 12
application for, or about, an environmental authority 13
(petroleum activities), is the petroleum authority, or proposed 14
petroleum authority, to which the environmental authority or 15
application relates. 16
`79 What is a relevant petroleum activity 17
`(1) A relevant petroleum activity, for an application for, or about, 18
an environmental authority (petroleum activities) is a 19
petroleum activity the subject of the application. 20
`(2) A relevant petroleum activity for an environmental authority 21
(petroleum activities) is a petroleum activity the subject of the 22
authority. 23
`80 What is a petroleum project 24
`A petroleum project is all activities carried out, or proposed 25
to be carried out, under 1 or more of the following, in any 26
combination, as a single integrated operation-- 27
(a) a 1923 Act petroleum tenure granted under the 28
Petroleum Act 1923; 29
5 See sections 98 and 114 (Conditions that may and must be imposed) and schedule 3,
definition condition.
s 32 38 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(b) a petroleum authority granted under the P&G Act; 1
(c) a licence, permit, pipeline licence, primary licence, 2
secondary licence or special prospecting authority 3
granted under the Petroleum (Submerged Lands) 4
Act 1982. 5
`Part 2 Applying for and obtaining 6
environmental authority 7
(petroleum activities) 8
`Division 1 Preliminary 9
`81 Definitions for pt 2 10
`In this part-- 11
person includes a body of persons, whether incorporated or 12
unincorporated. 13
relevant place, for an environmental authority (petroleum 14
activities), means a place, or a part of a place, to which the 15
authority relates, but does not include premises, or a part of 16
premises, used only for residential purposes. 17
submission period, for an application for an environmental 18
authority (petroleum activities), means-- 19
(a) the submission period for the application under 20
section 107(1)(b) and (2);6 or 21
(b) if section 109 applies--any new submission period fixed 22
under section 109(3)(b).7 23
6 Section 107 (Required contents of application notice)
7 Section 109 (Substantial compliance may be accepted)
s 32 39 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
`Division 2 General provisions for applications 1
`Subdivision 1 Restriction on who may apply 2
`82 Restriction 3
`A person may apply for an environmental authority 4
(petroleum activities) only if the person is the holder of, or the 5
applicant for, a relevant petroleum authority for the 6
application. 7
`Subdivision 2 Petroleum projects 8
`83 Single application required for petroleum project 9
`(1) This section applies to a person who may apply for an 10
environmental authority (petroleum activities) for petroleum 11
activities proposed to be carried out as a petroleum project. 12
`(2) The person may only make a single application for a single 13
environmental authority (petroleum activities) for all 14
petroleum activities that form the project. 15
`(3) If any relevant petroleum activity for the application is a level 16
1 petroleum activity-- 17
(a) division 4,8 must be complied with for the whole 18
application; but 19
(b) a submission under section 1109 can not be made about 20
any relevant petroleum activity that is a level 2 21
petroleum activity. 22
`(4) If the administering authority grants the application, it may 23
issue-- 24
(a) 1 environmental authority (petroleum activities) for all 25
the activities; or 26
8 Division 4 (Level 1 petroleum activities)
9 Section 110 (Right to make submission)
s 32 40 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(b) 2 or more environmental authorities (petroleum 1
activities) for the activities. 2
`84 Single environmental authority (petroleum activities) 3
required for petroleum project 4
`(1) This section applies if an environmental authority (petroleum 5
activities) has been granted for a petroleum project. 6
`(2) The holder of the authority can not apply for a separate 7
environmental authority (petroleum activities) for an 8
additional petroleum activity proposed to be carried out as 9
part of the petroleum project. 10
`(3) Subsection (2) applies whether or not the additional activity is 11
proposed to be carried out under another petroleum authority 12
as part of the petroleum project. 13
`(4) This section does not prevent the holder from applying to 14
amend or replace the environmental authority. 15
`Subdivision 3 Joint applications 16
`85 Application of sdiv 3 17
`This subdivision applies if 2 or more persons (joint 18
applicants) jointly apply for 1 or more environmental 19
authorities (petroleum activities). 20
`86 Joint application may be made 21
`(1) The administering authority may accept an application (a joint 22
application) made for all the joint applicants by 1 of the joint 23
applicants if it is satisfied the person is authorised to make the 24
application for all the joint applicants. 25
`(2) More than 1 joint application may be made by the person for 26
the same joint applicants. 27
s 32 41 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
`87 Appointment of principal applicant 1
`(1) The joint applicants may appoint 1 of them as the principal 2
applicant for a joint application made by them. 3
`(2) However, the appointment may be made only-- 4
(a) in the joint application; or 5
(b) by a signed notice from all the joint applicants to the 6
administering authority. 7
`(3) The joint applicants may, by a signed notice from all of them 8
to the authority, cancel the appointment. 9
`88 Effect of appointment 10
`If a person holds an appointment as the principal applicant 11
for a joint application-- 12
(a) the principal applicant may, for all applicants for the 13
application, give the administering authority a notice or 14
other document relating to the application; and 15
(b) the authority may-- 16
(i) give a notice or other document relating to the 17
application to all the applicants, by giving it to the 18
principal applicant; or 19
(ii) make a requirement under this chapter relating to 20
the application of all the applicants, by making it 21
of the principal applicant.10 22
10 See also part 8 (Principal holders).
s 32 42 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
`Division 3 Level 2 petroleum activities 1
`Subdivision 1 Code compliant authorities 2
`89 Operation of sdiv 1 3
`(1) This subdivision provides the process to obtain, by 4
application, an environmental authority (petroleum activities) 5
for a level 2 petroleum activity if-- 6
(a) there are relevant codes of environmental compliance 7
for relevant petroleum activities for the authority; and 8
(b) the applicant elects to comply with the codes in carrying 9
out relevant petroleum activities for the authority.11 10
`(2) The election is taken to have been made on the making of an 11
application under this subdivision. 12
`90 Requirements for application 13
`The application must-- 14
(a) be made to the administering authority in the approved 15
form; and 16
(b) describe-- 17
(i) each relevant petroleum authority for the 18
application; and 19
(ii) all relevant petroleum activities for the application; 20
and 21
(c) certify that the applicant can, in carrying out the relevant 22
petroleum activities for the environmental authority 23
(petroleum activities), comply with the code compliance 24
condition;12 and 25
11 See also section 145V (Restrictions on authority or transfer taking effect).
12 See sections 93 (Code compliance condition) and 480(4) (False, misleading or
incomplete documents).
s 32 43 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(d) be accompanied by the fee prescribed under a 1
regulation. 2
3
Note--
4
A subsequent failure to comply with the code compliance
5
condition may result in the commission on offence or in action
6
to amend, suspend or cancel the authority. See sections 93,
7
145E(2)(b), 145F(2)(a) and 480(4).13
`91 Deciding application 8
`(1) If the application complies with section 90, the administering 9
authority must decide to grant the application. 10
`(2) Otherwise, the administering authority must refuse the 11
application. 12
`92 Steps after granting application and the giving of 13
financial assurance 14
`(1) If the administering authority decides to grant the application, 15
it must take the steps mentioned in subsection (3)-- 16
(a) if, under a regulation, the application fee, or part of the 17
fee, is required to accompany the application, within 18
8 business days after the later of-- 19
(i) the day the decision is made; or 20
(ii) payment of the application fee or part of the fee; or 21
(b) otherwise--within 8 business days after the decision is 22
made. 23
`(2) However, if, under section 145O,14 financial assurance has 24
been required for the proposed environmental authority 25
(petroleum activities), subsection (1) does not apply until the 26
requirement has been complied with. 27
13 Sections 93 (Code of compliance condition), 145E (Other amendments), 145F
(Conditions for cancellation or suspension) and 480 (False, misleading or
incomplete documents)
14 Section 145O (Financial assurance may be required before authority is issued or
transferred)
s 32 44 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) For subsection (1), the steps are-- 1
(a) issue the environmental authority in the approved form; 2
and 3
(b) insert it in the appropriate register; and 4
(c) give the applicant a copy of the authority.15 5
`93 Code compliance condition 6
`(1) The code compliant authority is taken to include a condition 7
(the code compliance condition) that the applicable codes of 8
environmental compliance for relevant petroleum activities 9
for the authority must be complied with. 10
`(2) For subsection (1), the applicable codes are-- 11
(a) generally--the relevant codes of environmental 12
compliance for relevant petroleum activities for the 13
authority, as they were in force when the application 14
was made; or 15
(b) if any code mentioned in paragraph (a) is changed or 16
replaced--the changed or replaced code, from 1 year 17
after the change or replacement. 18
`(3) While the authority continues to be a code compliant 19
authority, the code compliance condition is the only condition 20
of the authority.16 21
`Subdivision 2 Non-code compliant authorities 22
`94 Operation of sdiv 2 23
`(1) This subdivision provides the process to obtain, by 24
application, an environmental authority (petroleum activities) 25
for a level 2 petroleum activity if-- 26
15 See however section 145V (Restrictions on authority or transfer taking effect).
16 For when a code compliant authority becomes a non-code compliant authority, see
section 75 (Types of environmental authority (petroleum activities)).
s 32 45 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(a) there are no relevant codes of environmental compliance 1
for relevant petroleum activities for the authority; or 2
(b) there are relevant codes, but the applicant elects not to 3
comply with the codes in carrying out relevant 4
petroleum activities for the authority.17 5
`(2) The election is taken to have been made on the making of an 6
application under this subdivision. 7
`95 Requirements for application 8
`The application must-- 9
(a) be made to the administering authority in the approved 10
form; and 11
(b) describe-- 12
(i) each relevant petroleum authority for the 13
application; and 14
(ii) all relevant petroleum activities for the application; 15
and 16
(c) be supported by enough information to allow the 17
authority to decide the application, including, for 18
example-- 19
(i) relevant information about the likely risks to the 20
environment; and 21
(ii) details of wastes to be generated; and 22
(iii) any waste minimisation strategy; and 23
(d) be accompanied by the fee prescribed under a 24
regulation. 25
`96 Deciding application 26
`The administering authority must, within the latest of the 27
following periods to end, decide to grant or refuse the 28
application-- 29
17 See also section 145V (Restrictions on authority or transfer taking effect).
s 32 46 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(a) 20 business days after the application date; 1
(b) 8 business days after the submission period for the 2
application ends. 3
`97 Criteria for decision 4
`In deciding whether to grant or refuse the application, the 5
administering authority-- 6
(a) must comply with any relevant EPP requirement; and 7
(b) subject to paragraph (a), must consider each of the 8
following-- 9
(i) the standard criteria; 10
(ii) additional information given in relation to the 11
application; 12
(iii) any suitability report obtained for the application; 13
(iv) any properly made submission for the application; 14
(v) the views expressed at a conference held in relation 15
to the application; 16
(vi) the status of the application under the petroleum 17
legislation for each relevant petroleum authority 18
for the application. 19
`98 Conditions that may and must be imposed 20
`(1) The administering authority may impose the conditions on the 21
environmental authority (petroleum activities) it considers are 22
necessary or desirable. 23
`(2) The conditions must include any condition the administering 24
authority is required to impose under an EPP requirement. 25
`(3) Without limiting subsections (1) and (2), the conditions 26
may-- 27
(a) require the environmental authority holder to do all or 28
any of the following-- 29
(i) install and operate stated plant or equipment in a 30
stated way within a stated period; 31
s 32 47 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
(ii) take stated measures to minimise the likelihood of 1
environmental harm being caused; 2
(iii) carry out and report on a stated monitoring 3
program; 4
(iv) prepare, and comply with, an environmental 5
management program; 6
(v) give relevant information reasonably required by 7
the administering authority for the administration 8
or enforcement of this Act; 9
(vi) carry out or report about stated rehabilitation or 10
remediation work relating to a relevant petroleum 11
activity; or 12
(b) prohibit the holder from changing, replacing or 13
operating any plant or equipment installed at the 14
relevant place for the environmental authority if the 15
change, replacement or operation increases, or is likely 16
to substantially increase, the risk of environmental 17
harm; or 18
(c) provide that the environmental authority ceases, or 19
ceases to have effect-- 20
(i) on a stated day; or 21
(ii) when a stated period ends; or 22
(iii) on the happening of a stated event; or 23
(iv) if a stated event has not happened on or before a 24
stated day. 25
26
Example of a stated event--
27
the granting of a relevant petroleum authority for the
28
environmental authority
`(4) To remove any doubt, it is declared that a condition may be 29
imposed even if it imposes an obligation on the environmental 30
authority holder that continues to apply after it has ended or 31
ceased to have effect. 32
s 32 48 s 32
Environmental Protection and Other Legislation
Amendment Bill 2004
1
Example for subsection (4)--
2
A condition may--
3
1 be about rehabilitation of the land to which the environmental
4
authority relates after the authority has ended; or
5
2 require a site management plan for the land.
`(5) Despite subsections (1) to (4), if a relevant petroleum 6
authority for the environmental authority is, or is included in, 7
a significant project-- 8
(a) any conditions for the environmental authority stated in 9
the Coordinator-General's report for the project 10
(the Coordinator-General's conditions) must be 11
imposed on the environmental authority; and 12
(b) any other condition imposed on the environmental 13
authority must not be inconsistent with the 14
Coordinator-General's conditions. 15
`99 Steps after granting application and the giving of 16
financial assurance 17
`(1) If the administering authority decides to grant the application, 18
it must take the steps mentioned in subsection (3)-- 19
(a) if, under a regulation, the application fee, or part of the 20
fee, is required to accompany the application--within 21
8 business days after the later of the following-- 22
(i) the day the decision is made; 23
(ii) payment of the application fee or the part of the 24
fee; or 25
(b) otherwise--within 8 business days after the decision is 26
made. 27
`(2) However, if, under section 145O,18 financial assurance has 28
been required for the proposed environmental authority 29
(petroleum activities), the steps need not be taken until the 30
requirement has been complied with. 31
18 Section 145O (Financial assurance may be required before authority is issued or
transferred)
s 32 49 s 32
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`(3) For subsection (1), the steps are-- 1
(a) issue the environmental authority in the approved form; 2
and 3
(b) insert it in the appropriate register; and 4
(c) give the applicant a copy of the authority.19 5
`100 Information notice about particular decisions 6
`The administering authority must, within 8 business days 7
after making a decision to do any of the following, give the 8
applicant an information notice about the decision-- 9
(a) refuse the application; 10
(b) impose a condition on the environmental authority 11
(petroleum activities), other than a condition that is the 12
same, or is to the same effect, as a condition agreed to or 13
requested by the applicant. 14
`Division 4 Level 1 petroleum activities 15
`101 Operation of div 4 16
`This division provides the process to obtain, by application, 17
an environmental authority (petroleum activities) for a level 1 18
petroleum activity.20 19
`102 Requirements for application 20
`The application must-- 21
(a) be made to the administering authority in the approved 22
form; and 23
(b) describe-- 24
19 See however section 145V (Restrictions on authority or transfer taking effect).
20 See also section 145V (Restrictions on authority or transfer taking effect).
s 32 50 s 32
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(i) each relevant petroleum authority for the 1
application; and 2
(ii) all relevant petroleum activities for the application; 3
and 4
(c) be supported by enough information to allow the 5
authority to decide the application, including, for 6
example-- 7
(i) relevant information about the likely risks to the 8
environment; and 9
(ii) details of wastes to be generated; and 10
(iii) any waste minimisation strategy; and 11
(d) be accompanied by-- 12
(i) an environmental management plan that complies 13
with section 103(2); and 14
(ii) the fee prescribed under a regulation. 15
`103 Environmental management plan 16
`(1) The purpose of an environmental management plan is to 17
propose environmental protection commitments to help the 18
administering authority decide the conditions of the 19
environmental authority (petroleum activities). 20
`(2) An environmental management plan must-- 21
(a) be in the approved form; and 22
(b) describe each of the following-- 23
(i) each relevant petroleum authority for the 24
environmental authority; 25
(ii) all relevant petroleum activities the subject of the 26
application; 27
(iii) the land on which the activities are to be carried 28
out; 29
(iv) the environmental values likely to be affected by 30
the activities; 31
s 32 51 s 32
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(v) the potential adverse and beneficial impacts of the 1
activities on the environmental values; and 2
(c) state the environmental protection commitments the 3
applicant proposes for the activities to protect or 4
enhance the environmental values under best practice 5
environmental management; and 6
(d) contain enough other information to allow the 7
administering authority to decide the application and 8
conditions to be imposed on the environmental authority 9
(petroleum activities); and 10
(e) address any other matter prescribed under an 11
environmental protection policy or regulation. 12
`104 EIS may be required 13
`(1) The administering authority may, within the latest of the 14
following periods to end, decide whether an EIS is required 15
for the application-- 16
(a) 10 business days after it receives the application; 17
(b) if the administering authority, within the 10 business 18
days, gives the applicant written notice that it has fixed a 19
longer period--the longer period. 20
`(2) However, despite any decision by the administering authority, 21
the Minister may, at any time before the application is 22
decided, decide-- 23
(a) whether there is to be an EIS requirement for the 24
application; and 25
(b) at what stage, or step within a stage, under this division, 26
the processing of the application must start or resume. 27
`(3) The administering authority and the Minister must, in making 28
a decision under this section, consider the standard criteria. 29
`(4) The administering authority must, within 10 business days 30
after a decision is made under this section, give the applicant 31
written notice of the decision. 32
s 32 52 s 32
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`(5) Despite subsections (1) and (2), an EIS must not be required 1
for the application if a relevant petroleum authority for the 2
application is, or is included in, a significant project.21 3
`(6) Also, a decision under subsection (1) or (2) ceases to have 4
effect if a relevant petroleum authority for the application is, 5
or is included in, a significant project. 6
`105 Public access to application 7
`The administering authority must, from the application date 8
to the review date-- 9
(a) keep the application open for inspection by members of 10
the public at the authority's head office and the other 11
places the chief executive considers appropriate; and 12
(b) permit a person to take extracts from the application or, 13
on payment of the appropriate fee to the authority, give 14
the person a copy of the application, or part of the 15
application. 16
`106 Public notice of application 17
`(1) The applicant must, within 2 business days after the 18
application date publish a notice about the application 19
(the application notice) in a newspaper circulating generally 20
in the area where the relevant petroleum activities are 21
proposed to be carried out. 22
`(2) Subsection (1) is subject to section 109. 23
`107 Required contents of application notice 24
`(1) The application notice must be in the approved form and state 25
each of the following-- 26
(a) that anyone may make a submission to the administering 27
authority about the application; 28
21 For EISs for significant projects, see the State Development Act, section 28
(Application of divs 36) and part 4, division 3 (EIS process).
s 32 53 s 32
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(b) the period (the submission period) during which the 1
submission may be made; 2
(c) how to make a properly made submission; 3
(d) another matter prescribed under a regulation. 4
`(2) The submission period must not end before the later of the 5
following-- 6
(a) a day or time fixed by the authority before the notice is 7
published; 8
(b) 8 business days after the application notice is published 9
under section 106. 10
(3) This section is subject to section 109. 11
`108 Declaration of compliance 12
`(1) The applicant must, within 5 business days after the 13
application date, give the administering authority a statutory 14
declaration declaring whether or not the applicant has 15
complied with the notice requirements under sections 106 16
and 107. 17
`(2) A copy of the application notice must be attached to the 18
declaration. 19
`(3) The proponent is taken to have complied with the 20
requirements if-- 21
(a) a declaration is given under this section; and 22
(b) the declaration states the proponent has complied with 23
the requirements. 24
`109 Substantial compliance may be accepted 25
`(1) If the applicant has not complied with the notice requirements 26
under section 106 or 107, the administering authority must 27
decide whether to allow the application to proceed under this 28
part as if the noncompliance had not happened. 29
`(2) The authority may decide to allow the application to proceed 30
only if it is satisfied there has been substantial compliance 31
with the requirements. 32
s 32 54 s 32
Environmental Protection and Other Legislation
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`(3) If the authority decides not to allow the application to 1
proceed-- 2
(a) any steps purportedly taken to comply with sections 106 3
and 107 are of no effect; and 4
(b) the authority must, within 8 business days after the 5
decision is made, give the applicant-- 6
(i) a written notice fixing a new period for giving the 7
application notice (the new notice period); and 8
(ii) if the submission period under section 107 has or 9
will start before the new notice period--a new 10
submission period for the application; and 11
(iii) an information notice about the decision not to 12
allow the application to proceed and the decision to 13
fix the new notice period. 14
`(4) The new notice period applies despite section 107(2). 15
`110 Right to make submission 16
`A person may, within the submission period, make a 17
submission to the administering authority about the 18
application. 19
`111 Acceptance of submission 20
`(1) The administering authority must accept the submission if 21
it-- 22
(a) is written; and 23
(b) is signed by or for each person (a signatory) who made 24
the submission; and 25
(c) states the name and address of each signatory; and 26
(d) is made to the authority; and 27
(e) is received on or before the last day of the submission 28
period. 29
`(2) A submission that complies with subsection (1) is a properly 30
made submission. 31
s 32 55 s 32
Environmental Protection and Other Legislation
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`(3) The authority may accept a written submission even if it is not 1
a properly made submission. 2
`112 Deciding application 3
`The administering authority must, within the latest of the 4
following periods to end, decide to grant or refuse the 5
application-- 6
(a) 20 business days after the application date; 7
(b) 20 business days after the authority receives the 8
declaration of compliance under section 108; 9
(c) 8 business days after the submission period ends; 10
(d) if an EIS requirement has been made for the application 11
or a relevant petroleum activity is, or is included in, a 12
significant project--20 business days after the EIS 13
process is completed.22 14
`113 Criteria for decision 15
`In deciding whether to grant or refuse the application, the 16
administering authority-- 17
(a) must comply with any relevant EPP requirement; and 18
(b) subject to paragraph (a), must consider each of the 19
following-- 20
(i) the standard criteria; 21
(ii) additional information given in relation to the 22
application; 23
(iii) any suitability report obtained for the application; 24
(iv) any properly made submission for the application; 25
(v) the views expressed at a conference held in relation 26
to the application; 27
(vi) the environmental management plan 28
accompanying the application; 29
22 For the completion of the EIS process, see section 60 (When process is completed).
s 32 56 s 32
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(vii) the status of the application under the petroleum 1
legislation for each relevant petroleum authority 2
for the application; 3
(viii) if an EIS requirement has been made for the 4
application--the EIS.23 5
`114 Conditions that may and must be imposed 6
`(1) The administering authority may impose the conditions on the 7
environmental authority (petroleum activities) it considers are 8
necessary or desirable. 9
`(2) The conditions must include any condition the administering 10
authority is required to impose under an EPP requirement. 11
`(3) Without limiting subsections (1) and (2), the conditions 12
may-- 13
(a) require the environmental authority holder to do all or 14
any of the following-- 15
(i) install and operate stated plant or equipment in a 16
stated way within a stated period; 17
(ii) take stated measures to minimise the likelihood of 18
environmental harm being caused; 19
(iii) carry out and report on a stated monitoring 20
program; 21
(iv) prepare, and comply with, an environmental 22
management program; 23
(v) give relevant information reasonably required by 24
the administering authority for the administration 25
or enforcement of this Act; 26
(vi) carry out or report about stated rehabilitation or 27
remediation work relating to a relevant petroleum 28
activity; or 29
(b) prohibit the holder from changing, replacing or 30
operating any plant or equipment installed at the 31
23 See also section 145U (Grounds for refusing application for or to transfer non-code
compliant authority).
s 32 57 s 32
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relevant place for the environmental authority if the 1
change, replacement or operation increases, or is likely 2
to substantially increase, the risk of environmental 3
harm; or 4
(c) provide that the environmental authority ceases, or 5
ceases to have effect-- 6
(i) on a stated day; or 7
(ii) when a stated period ends; or 8
(iii) on the happening of a stated event; or 9
(iv) if a stated event has not happened on or before a 10
stated day. 11
12
Example of a stated event--
13
the granting of a relevant petroleum authority for the
14
environmental authority
`(4) To remove any doubt, it is declared that a condition may be 15
imposed even if it imposes an obligation on the environmental 16
authority holder that continues to apply after it has ended or 17
ceased to have effect. 18
19
Example for subsection (4)--
20
A condition may--
21
1 be about rehabilitation of the land to which the environmental
22
authority relates after the authority has ended; or
23
2 require a site management plan for the land.
`(5) Despite subsections (1) to (4), if a relevant petroleum 24
authority for the environmental authority is, or is included in, 25
a significant project-- 26
(a) any conditions for the environmental authority stated in 27
the Coordinator-General's report for the project 28
(the Coordinator-General's conditions) must be 29
imposed on the environmental authority; and 30
(b) any other condition imposed on the environmental 31
authority must not be inconsistent with the 32
Coordinator-General's conditions. 33
s 32 58 s 32
Environmental Protection and Other Legislation
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`115 Steps after granting application and the giving of 1
financial assurance 2
`(1) If the administering authority decides to grant the application, 3
it must take the steps mentioned in subsection (3)-- 4
(a) if, under a regulation, the application fee, or part of the 5
fee, is required to accompany the application--within 6
8 business days after the later of the following-- 7
(i) the day the decision is made; 8
(ii) payment of the application fee or the part of the 9
fee; or 10
(b) otherwise--within 8 business days after the decision is 11
made. 12
`(2) However, if, under section 145O,24 financial assurance has 13
been required for the proposed environmental authority 14
(petroleum activities), the steps need not be taken until the 15
requirement has been complied with. 16
`(3) For subsection (1), the steps are-- 17
(a) issue the environmental authority in the approved form; 18
and 19
(b) insert it in the appropriate register; and 20
(c) give the applicant a copy of the authority.25 21
`116 Information notice about particular decisions 22
`(1) The administering authority must, within 8 business days after 23
making a decision to do any of the following, give the 24
applicant and any submitter for the application an information 25
notice about the decision-- 26
(a) refuse the application; 27
(b) impose a condition on the environmental authority 28
(petroleum activities), other than a condition that is the 29
24 Section 145O (Financial assurance may be required before authority is issued or
transferred)
25 See however section 145V (Restrictions on authority or transfer taking effect).
s 32 59 s 32
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same, or is to the same effect, as a condition agreed to or 1
requested by the applicant. 2
`(2) If the administering authority decides to grant the 3
environmental authority (petroleum activities) it must, within 4
8 business days after the decision is made, give any submitter 5
for the application an information notice about the decision. 6
`Division 5 Term of environmental authority 7
(petroleum activities) 8
`117 Term 9
`An environmental authority (petroleum activities) continues 10
in force unless it is cancelled, surrendered or suspended under 11
this chapter. 12
`Part 3 Amending environmental 13
authorities (petroleum 14
activities) by application 15
`Division 1 Making amendment application 16
`118 Who may apply for amendment 17
`The holder of an environmental authority (petroleum 18
activities) may, at any time, apply to the administering 19
authority to amend the environmental authority 20
(an amendment application). 21
22
Examples of when the holder may wish to make an amendment
23
application--
24
· to change a relevant petroleum activity for the environmental
25
authority from a level 1 petroleum activity to a level 2 petroleum
26
activity
s 32 60 s 32
Environmental Protection and Other Legislation
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1
· to complement an application under the P&G Act, chapter 4,
2
part 6,26 to amend a relevant pipeline licence
3
· if a relevant petroleum authority is an authority to prospect and the
4
holder has, under the P&G Act, chapter 2, part 2, division 2,27 made
5
an ATP-related application for a petroleum lease
`119 Code compliance condition may be amended 6
`An amendment application for a code compliant authority 7
may seek to amend the code compliance condition or to 8
impose new conditions on the authority. 9
10
Note--
11
If the amendment is made, the authority will become a non-code
12
compliant authority. See section 75.28
`120 Requirements for amendment application 13
`An amendment application must be-- 14
(a) in the approved form; and 15
(b) supported by enough information to allow the 16
administering authority to decide the application; and 17
(c) accompanied by the fee prescribed under a regulation. 18
`Division 2 Processing amendment application 19
`121 EIS may be required 20
`(1) The administering authority may, within the latest of the 21
following periods to end, decide whether an EIS is required 22
for an amendment application-- 23
(a) 10 business days after it receives the application; 24
26 P&G Act, chapter 4, part 6 (Amending licence by application)
27 P&G Act, chapter 5, part 2, division 2 (Transition from authority to prospect to
petroleum lease)
28 Section 75 (Types of environmental authority (petroleum activities)
s 32 61 s 32
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(b) if the administering authority, within the 10 business 1
days, gives the applicant written notice that it has fixed a 2
longer period--the longer period. 3
`(2) However, despite any decision by the administering authority, 4
the Minister may, at any time before the application is 5
decided, decide-- 6
(a) whether there is to be an EIS requirement for the 7
application; and 8
(b) at what stage, or step within a stage, under this part the 9
processing of the application must start or resume. 10
`(3) The administering authority and the Minister must, in making 11
a decision under this section, consider the standard criteria. 12
`(4) The administering authority must, within 10 business days 13
after a decision is made under this section, give the applicant 14
written notice of the decision. 15
`(5) Despite subsections (1) and (2), an EIS must not be required 16
for the application if a relevant petroleum authority for the 17
application is, or is included in, a significant project.29 18
`(6) Also, a decision under subsection (1) or (2) ceases to have 19
effect if a relevant petroleum authority for the application is, 20
or is included in, a significant project. 21
`122 Public notice may be required 22
`(1) The administering authority may, within 5 business days after 23
the application date for an amendment application, by written 24
notice to the applicant, decide that sections 105 to 11130 apply 25
for the application (a public notice requirement). 26
`(2) However, a public notice requirement must not be made 27
unless the administering authority is satisfied there is likely to 28
be a substantial increase in the risk of environmental harm 29
under the amended environmental authority (petroleum 30
activities) because of a substantial change in-- 31
29 For EISs for significant projects, see the State Development Act, section 28
(Application of divs 36) and part 4, division 3 (EIS process).
30 Sections 105 (Public access to application) to 111 (Acceptance of submission)
s 32 62 s 32
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(a) the quantity or quality of contaminant authorised to be 1
released into the environment; or 2
(b) the results of the release of a quantity or quality of 3
contaminant authorised to be released into the 4
environment. 5
`(3) Without limiting subsection (2)(a), each of the following is 6
taken to be a substantial change-- 7
(a) an increase of 10% or more in the quantity of a 8
contaminant to be released into the environment; 9
(b) if the amendment application is for an environmental 10
authority (petroleum activities) for a petroleum project 11
and the amendment is to add a level 1 petroleum activity 12
to the authority. 13
`(4) The notice must be accompanied by, or include, an 14
information notice about the decision. 15
`123 Public notice process 16
`(1) If a public notice requirement is made for an amendment 17
application, sections 105 to 11131 apply for the application, 18
with necessary changes, as if the application were an 19
application for an environmental authority (petroleum 20
activities) for a level 1 petroleum activity. 21
`(2) However, for applying a section, the reference in the section to 22
a number of business days after the application date is taken to 23
be-- 24
(a) for section 10632--15 business days; or 25
(b) for section 10833--19 business days. 26
`(3) To remove any doubt, it is declared that a submission made 27
under section 110,34 as applied under subsection (1)-- 28
31 Sections 105 (Public access to application) to 111 (Acceptance of submission)
32 Section 106 (Public notice of application)
33 Section 108 (Declaration of compliance)
34 Section 110 (Right to make submission)
s 32 63 s 32
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(a) may be made about an existing provision of the 1
environmental authority only to the extent the provision 2
is proposed to be amended under the application; and 3
(b) can not be made about petroleum activities carried out 4
under the authority before the deciding of the 5
application. 6
`124 Deciding application 7
`(1) The administering authority must decide to grant or refuse an 8
amendment application the latest of the following periods to 9
end-- 10
(a) 20 business days after the application date for the 11
application; 12
(b) if a public notice requirement has been made for the 13
application, the later of the following periods to end-- 14
(i) 20 business days after the authority receives the 15
declaration of compliance under section 108; 16
(ii) 8 business days after the submission period ends; 17
(c) if an EIS requirement has been made for the application 18
or a relevant petroleum activity is, or is included in, a 19
significant project--20 business days after the 20
EIS process is completed.35 21
`(2) The administering authority may decide to grant the 22
application subject to the applicant's written agreement to the 23
administering authority amending the environmental authority 24
(petroleum activities) in a stated way that it considers is 25
necessary or desirable. 26
`125 Criteria for decision 27
`(1) The administering authority may grant an amendment 28
application if it is satisfied the amendment is necessary or 29
desirable. 30
35 For the completion of the EIS process, see section 60 (When process is completed).
s 32 64 s 32
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`(2) However, in deciding the application, the administering 1
authority must consider any criteria that apply for deciding an 2
application to obtain the environmental authority (petroleum 3
activities). 4
`(3) In considering whether the amendment is necessary or 5
desirable, the administering authority may have regard to-- 6
(a) an existing provision of the environmental authority 7
whether or not the provision is proposed to be amended 8
under the application; and 9
(b) all or any of the petroleum activities carried out under 10
the environmental authority before the deciding of the 11
application. 12
`Division 3 Miscellaneous provisions 13
`126 Steps after making decision 14
`If the administering authority decides to grant an amendment 15
application, it must do each of the following within 8 business 16
days after the decision is made-- 17
(a) amend the environmental authority (petroleum 18
activities) to give effect to the amendment; 19
(b) record particulars of the amendment in the appropriate 20
register; 21
(c) give the applicant a copy of the amended environmental 22
authority. 23
`127 When amendment takes effect 24
`(1) An amendment made under section 126(a) takes effect on the 25
latest of the following days-- 26
(a) the day of the amendment; 27
(b) a later day of effect stated in the amended environmental 28
authority (petroleum activities); 29
(c) another day agreed to by the holder of the environmental 30
authority; 31
s 32 65 s 32
Environmental Protection and Other Legislation
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(d) if a public notice requirement has been made for the 1
application and a properly made submission was made 2
about the application--the day after the review date. 3
`(2) For subsection (1)(b) the day may be stated by reference to the 4
day a particular event happens, including, for example, a 5
stated amendment of a relevant petroleum authority for the 6
environmental authority. 7
`128 Information notice about particular decisions 8
`(1) The administering authority must, within 8 business days after 9
making 1 of the following decisions, give the applicant an 10
information notice about the decision-- 11
(a) a decision to refuse an amendment application; 12
(b) a decision under section 124(2)36 to grant an amendment 13
application subject to the applicant's written agreement 14
to the administering authority amending the 15
environmental authority (petroleum activities) in a 16
stated way. 17
`(2) However, the information notice need not be given if the 18
applicant has given the written agreement. 19
`(3) If the administering authority has made a public notice 20
requirement for an amendment application, it must, within 21
8 business days after deciding to grant the application, give 22
any submitter for the application an information notice about 23
the decision. 24
`Part 4 Transfers 25
`129 Transfer only by approval 26
`(1) An environmental authority (petroleum activities) may be 27
transferred only if-- 28
36 Section 124 (Deciding application)
s 32 66 s 32
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(a) an application for the transfer has been made under this 1
part (a transfer application); and 2
(b) the administering authority has approved the transfer.37 3
`(2) To remove any doubt, it is declared that a transfer application 4
may be made, and a transfer may be approved, for a transfer 5
from joint holders of an environmental authority (petroleum 6
activities) under which 1 or more of the joint holders will 7
continue to hold the environmental authority. 8
`130 General requirements for transfer application 9
`A transfer application must be-- 10
(a) made to the administering authority in the approved 11
form; and 12
(b) made by each of the following (the applicants)-- 13
(i) the holder of the environmental authority 14
(petroleum activities); 15
(ii) the proposed transferee; and 16
(c) supported by enough information to allow the 17
administering authority to decide the application; and 18
(d) accompanied by the fee prescribed under a regulation. 19
`131 Amendment application may accompany transfer 20
application 21
`(1) The applicants may, together with the transfer application, 22
make an amendment application for the environmental 23
authority (petroleum activities). 24
25
Note--
26
If the amendment is made and the conditions of the authority are
27
amended or new conditions are imposed on it, the authority will become
28
a non-code compliant authority. See section 75.38
37 See also section 145V (Restrictions on authority or transfer taking effect).
38 Section 75 (Types of environmental authority (petroleum activities)
s 32 67 s 32
Environmental Protection and Other Legislation
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`(2) Part 3 applies, with necessary changes, to the amendment 1
application as if a reference to the environmental authority 2
holder included a reference to the proposed transferee. 3
`(3) However, the amendment application must not be granted 4
before the transfer application is granted or if the transfer 5
application is refused. 6
`132 Additional requirement for transfer application for 7
code compliant authority if no amendment 8
application made 9
`(1) This section applies if-- 10
(a) the environmental authority (petroleum activities) is a 11
code compliant authority; and 12
(b) the transfer application is not accompanied by an 13
amendment application. 14
`(2) The transfer application must also include a certification by 15
the proposed transferee that the proposed transferee can, in 16
carrying out the relevant petroleum activities for the 17
environmental authority, comply with the code compliance 18
condition. 19
20
Note--
21
A subsequent failure to comply with the code compliance condition may
22
result in the commission of an offence or in action to amend, suspend or
23
cancel the authority. See sections 93, 145E(2)(b), 145F(2)(a)
24
and 480(4).39
`133 Audit statement may be required 25
`(1) The administering authority may, within 20 business days 26
after a transfer application is made, require the applicants to 27
give it an audit statement for the environmental authority 28
(petroleum activities). 29
`(2) The audit statement must-- 30
39 Sections 93, (Code compliance condition), 145E (Other amendments), 145F
(Conditions for cancellation or suspension) and 480 (False, misleading or
incomplete documents)
s 32 68 s 32
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(a) be made by or for the environmental authority holder; 1
and 2
(b) state the extent to which activities carried out under each 3
relevant petroleum authority for the environmental 4
authority have complied with the conditions of the 5
environmental authority. 6
`134 Deciding application 7
`(1) The administering authority must, within 20 business days 8
after the application date, consider each transfer application 9
and decide to approve or refuse the transfer. 10
`(2) The administering authority must, in making the decision, 11
consider the status of any application under the petroleum 12
legislation for the transfer to the proposed transferee of any 13
relevant petroleum authority for the environmental authority. 14
`135 Additional ground for refusal 15
`(1) The administering authority may refuse a transfer application 16
if-- 17
(a) the applicants did not, under section 131(1),40 also apply 18
to amend the relevant environmental authority 19
(petroleum activities); and 20
(b) the administering authority is satisfied that, if the 21
application were to be granted, a ground for amending 22
the environmental authority under section 145E41 would 23
exist. 24
`(2) Subsection (1) does not limit the grounds on which the 25
application may be refused. 26
`136 Steps after making decision 27
`(1) If the administering authority decides to approve a transfer, it 28
must, within 8 business days after the decision is made-- 29
40 Section 131 (Amendment application may accompany transfer application)
41 Section 145E (Other amendments)
s 32 69 s 32
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(a) amend the environmental authority (petroleum 1
activities) to give effect to the transfer; and 2
(b) record particulars of the transfer in the appropriate 3
register; and 4
(c) give the transferee a copy of the transferred 5
environmental authority. 6
`(2) However, if 1 of the following requirements has been made, 7
subsection (1) does not apply until the requirement has been 8
complied with-- 9
(a) a requirement under section 145O,42 to give financial 10
assurance for the transferred environmental authority; 11
(b) a requirement under section 145P43 to change the 12
financial assurance for the environmental authority. 13
`(3) If the authority decides to refuse a transfer, it must, within 14
8 business days after the decision is made, give the applicants 15
for the transfer an information notice about the decision.44 16
`Part 5 Surrenders 17
`Division 1 General provisions for surrenders 18
`137 Surrender only by approval 19
`(1) An environmental authority (petroleum activities) may be 20
surrendered only if-- 21
(a) an application for the surrender has been made under 22
division 2 (a surrender application); and 23
42 Section 145O (Financial assurance may be required before authority is issued or
transferred)
43 Section 145P (Power to require change to financial assurance)
44 For when the transfer takes effect, see section 145V (Restrictions on authority or
transfer taking effect).
s 32 70 s 32
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(b) the administering authority has approved the surrender. 1
`(2) The holder of an environmental authority (petroleum 2
activities) must make a surrender application if required under 3
section 139.45 4
`(3) The holder may make a surrender application at any other 5
time. 6
`138 Surrender may be partial 7
`(1) The administering authority may approve a surrender 8
application for a part of an environmental authority 9
(petroleum activities). 10
`(2) However, the administering authority may refuse the 11
application if-- 12
(a) the applicant has not made an amendment application 13
for the part of the environmental authority not sought to 14
be surrendered and the administering authority 15
considers that it is appropriate to amend the 16
environmental authority to reflect the proposed partial 17
surrender; or 18
(b) the environmental authority is for a petroleum project 19
and, after the proposed partial surrender, the 20
environmental authority would not apply to all 21
remaining areas that form the project. 22
`(3) Subsection (2) does not limit sections 145A and 145B.46 23
`139 When surrender application required 24
`(1) The holder of an environmental authority (petroleum 25
activities) must make a surrender application for the 26
environmental authority-- 27
(a) within 30 days after-- 28
45 Section 139 (When surrender application required)
46 Sections 145A (Deciding application) and 145B (Criteria for decision)
s 32 71 s 32
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(i) the cancellation of a relevant petroleum authority 1
for the environmental authority; or 2
(ii) a reduction in the area of a relevant petroleum 3
authority for the environmental authority under a 4
requirement of noncompliance action taken under 5
the petroleum legislation; or 6
(b) within 90 days before any of the following is to 7
happen-- 8
(i) a relevant petroleum authority for the 9
environmental authority is, according to its 10
provisions, to end other than by cancellation; 11
(ii) a relinquishment of part of the area of a relevant 12
petroleum authority for the environmental 13
authority other than under a requirement of 14
noncompliance action taken under the Petroleum 15
Act 1923 or the P&G Act; 16
(iii) a surrender of part of the area of a relevant 17
petroleum authority for the environmental 18
authority. 19
`(2) However, subsection (1)(b) does not apply if, before the 20
90 days-- 21
(a) the petroleum authority is, under the petroleum 22
legislation renewed or continued in force; or 23
(b) a replacement environmental authority (petroleum 24
activities) for the environmental authority is issued to 25
the holder. 26
`(3) A surrender application under subsection (1)(a) must be for 27
the environmental authority to the extent it relates to the 28
relevant petroleum authority cancelled or affected by a 29
relinquishment or partial surrender. 30
`(4) Otherwise, the surrender application must be for all of the 31
environmental authority. 32
s 32 72 s 32
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`140 Notice by administering authority to make surrender 1
application 2
`(1) This section applies if the holder of an environmental 3
authority (petroleum activities) has not made a surrender 4
application as required under section 139. 5
`(2) The administering authority may, by written notice 6
(a surrender notice), require the holder to make a surrender 7
application for the environmental authority within a stated a 8
stated period of at least 10 business days. 9
`(3) The surrender notice must be accompanied by, or include, an 10
information notice about the administering authority's 11
decisions to make the requirement and to fix the stated period. 12
`141 Failure to comply with surrender notice 13
`A person to whom a surrender notice has been given must 14
comply with the notice unless the person has a reasonable 15
excuse. 16
Maximum penalty--100 penalty units. 17
`Division 2 Making surrender application 18
`142 Requirements for surrender application 19
`(1) A surrender application must be-- 20
(a) in the approved form; and 21
(b) supported by enough information to allow the 22
administering authority to decide the application; and 23
(c) accompanied by-- 24
(i) a final rehabilitation report for the environmental 25
authority (petroleum activities), that complies with 26
section 143; and 27
(ii) an audit statement for the environmental authority; 28
and 29
(iii) the fee prescribed under a regulation. 30
s 32 73 s 32
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`(2) The audit statement must-- 1
(a) be made by or for the environmental authority holder; 2
and 3
(b) state the extent to which-- 4
(i) activities carried out under the environmental 5
authority have complied with its conditions; and 6
(ii) the final rehabilitation report is accurate. 7
`Division 3 Final rehabilitation reports 8
`143 Content requirements for final rehabilitation report 9
`A final rehabilitation report must-- 10
(a) be in the approved form; and 11
(b) state the extent to which activities carried out under each 12
relevant petroleum authority for the environmental 13
authority to which the surrender application relates have 14
been consistent with the environmental protection 15
commitments under any relevant environmental 16
management plan; and 17
(c) include enough information to allow the administering 18
authority to decide whether-- 19
(i) the conditions of the environmental authority 20
(petroleum activities) have been complied with; 21
and 22
(ii) the land on which each relevant petroleum activity 23
has been carried out has been satisfactorily 24
rehabilitated; and 25
(d) describe any ongoing environmental management needs 26
for the land; and 27
(e) include another matter prescribed under a regulation. 28
s 32 74 s 32
Environmental Protection and Other Legislation
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`144 Amending report 1
`(1) This section applies if a person has submitted a final 2
rehabilitation report (the original report). 3
`(2) The person may amend the original report at any time before 4
the administering authority decides the surrender application. 5
`(3) However, an amendment may be made only by giving the 6
authority written notice stating the amendment (an FRR 7
amendment notice). 8
`(4) An FRR amendment notice must be accompanied by the fee 9
prescribed under a regulation. 10
`(5) The submitted final rehabilitation report is taken to be the 11
original report, as amended from time to time by any 12
FRR amendment notice given for the original report. 13
`145 FRR assessment report may be given 14
`The administering authority may give the person who 15
submitted a final rehabilitation report an assessment report 16
(an FRR assessment report) about the final rehabilitation 17
report. 18
`Division 4 Processing surrender applications 19
`145A Deciding application 20
`The administering authority must consider each surrender 21
application and, within 20 business days after the application 22
is received by the authority, approve or refuse the surrender. 23
`145B Criteria for decision 24
`(1) In deciding a surrender application, the administering 25
authority must-- 26
(a) comply with any relevant EPP requirement; and 27
(b) subject to paragraph (a), consider each of the 28
following-- 29
s 32 75 s 32
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(i) the standard criteria; 1
(ii) the audit statement and final rehabilitation report 2
that accompanied the application; 3
(iii) any relevant FRR assessment report; 4
(iv) another matter prescribed under an environmental 5
protection policy or regulation. 6
`(2) The administering authority may grant the application only 7
if-- 8
(a) it is satisfied the conditions of the environmental 9
authority (petroleum activities) have been complied 10
with; or 11
(b) it is satisfied the land to which the surrender application 12
relates has been satisfactorily rehabilitated; or 13
(c) it has approved an environmental management program 14
and it is satisfied the land will be satisfactorily 15
rehabilitated under the program; or 16
(d) a suitability statement has been given for the land and-- 17
(i) the land has been removed from the environmental 18
management register; or 19
(ii) a site management plan has been approved for the 20
land. 21
`145C Steps after making decision 22
`The administering authority must, within 10 business days 23
after deciding a surrender application-- 24
(a) if the decision is to approve the surrender-- 25
(i) record particulars of the surrender in the 26
appropriate register; and 27
(ii) give the applicant written notice of the decision; or 28
(b) if the decision is to refuse the surrender--give the 29
applicant an information notice about the decision. 30
s 32 76 s 32
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`Part 6 Amendment, cancellation or 1
suspension by administering 2
authority 3
`Division 1 Conditions for amendment, 4
cancellation or suspension 5
`Subdivision 1 Amendments 6
`145D Corrections 7
`The administering authority may amend an environmental 8
authority (petroleum activities) to correct a clerical or formal 9
error (a correction) if-- 10
(a) the amendment does not adversely affect the interests of 11
the environmental authority holder or anyone else; and 12
(b) the holder has been given written notice of the 13
amendment. 14
`145E Other amendments 15
`(1) The administering authority may amend an environmental 16
authority (petroleum activities) at any time if-- 17
(a) it considers the amendment is necessary or desirable 18
because of a matter mentioned in subsection (2); and 19
(b) the procedure under division 2 has been followed or the 20
holder has agreed in writing to the amendment. 21
`(2) For subsection (1)(a), the matter is any of the following-- 22
(a) a contravention of this Act by the holder; 23
(b) the environmental authority was issued because of a 24
materially false or misleading certificate, declaration or 25
representation, made either orally or in writing; 26
(c) the administering authority has, under part 7, directed or 27
required the holder to change or replenish financial 28
s 32 77 s 32
Environmental Protection and Other Legislation
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assurance for the environmental authority and the holder 1
has not complied with the direction or requirement; 2
(d) the environmental authority was issued on the basis of a 3
miscalculation of-- 4
(i) the environmental values affected or likely to be 5
affected, by a relevant petroleum activity for the 6
environmental authority; or 7
(ii) the quantity or quality of contaminant authorised to 8
be released into the environment; or 9
(iii) the effects of the release of a quantity or quality of 10
contaminant authorised to be released into the 11
environment; 12
(e) a change in the way in which, or the place where, 13
contaminants are, or are likely to be, released into the 14
environment; 15
(f) the approval of an environmental protection policy or 16
the approval of the amendment of an environmental 17
protection policy; 18
(g) an environmental audit or report, or an audit statement 19
given under this chapter; 20
(h) an environmental audit or report given under chapter 7;47 21
(i) a final rehabilitation report; 22
(j) an annual return required under this Act; 23
(k) a significant change in the way in which, or the extent to 24
which, a relevant petroleum activity is being carried out; 25
(l) the amendment is necessary to prevent environmental 26
harm not already authorised under the environmental 27
authority; 28
(m) an amendment is proposed under an amendment 29
application; 30
47 Chapter 7 (Environmental management)
s 32 78 s 32
Environmental Protection and Other Legislation
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(n) a report made by or for, or approved by, a recognised 1
entity if the report is relevant to the environmental 2
authority or an activity carried out under it; 3
(o) another circumstance prescribed under a regulation. 4
`(3) Subsection (2)(k) applies even if an environmental 5
management plan mentions or provides for the change. 6
`Subdivision 2 Cancellation or suspension 7
`145F Conditions for cancellation or suspension 8
`(1) The administering authority may cancel or suspend an 9
environmental authority (petroleum activities) if-- 10
(a) it issues a replacement environmental authority for the 11
environmental authority; or 12
(b) an event mentioned in subsection (2) has happened and 13
the procedure under division 2 has been followed. 14
`(2) For subsection (1)(b), the event is any of the following-- 15
(a) the environmental authority was issued or has been 16
transferred because of a materially false or misleading 17
certificate, declaration or representation, made either 18
orally or in writing; 19
(b) the administering authority has, under part 7, directed or 20
required the holder to change or replenish financial 21
assurance for the environmental authority and the holder 22
has not complied with the direction or requirement; 23
(c) the environmental authority holder is, after the issue of 24
the environmental authority, convicted of an 25
environmental offence; 26
(d) after the environmental authority has taken effect48-- 27
48 For when the environmental authority takes effect, see section 145V (Restrictions on
authority or transfer taking effect).
s 32 79 s 32
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(i) the environmental authority holder no longer holds 1
any relevant petroleum authority for the 2
environmental authority; or 3
(ii) a person, other than the environmental authority 4
holder, becomes a holder of a relevant petroleum 5
authority for the environmental authority; 6
(e) the holder has been given an annual notice, audit notice 7
or surrender notice and the notice has not been complied 8
with. 9
`Division 2 Procedure for amendment without 10
agreement or for cancellation or 11
suspension 12
`145G Application of div 2 13
`This division applies if the administering authority proposes 14
to-- 15
(a) amend an environmental authority (petroleum 16
activities), other than-- 17
(i) to make a correction; or 18
(ii) with the written agreement of the environmental 19
authority holder; or 20
(b) cancel or suspend an environmental authority 21
(petroleum activities). 22
`145H Notice of proposed action 23
`(1) The administering authority must give the environmental 24
authority holder a written notice stating each of the 25
following-- 26
(a) the action (the proposed action) the administering 27
authority proposes taking under this division; 28
(b) the grounds for the proposed action; 29
s 32 80 s 32
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(c) the facts and circumstances that are the basis for the 1
grounds; 2
(d) if the proposed action is to amend the environmental 3
authority--the proposed amendment; 4
(e) if the proposed action is to suspend the environmental 5
authority--the proposed suspension period; 6
(f) that the holder may make, within a stated period, written 7
representations to show why the proposed action should 8
not be taken. 9
`(2) The stated period must end at least 20 business days after the 10
holder is given the proposed action notice. 11
`(3) For subsection (1)(e), the proposed suspension period may be 12
fixed by reference to a stated event. 13
14
Example for subsection (3)--
15
If a ground on which the proposed action is to be taken is that financial
16
assurance has not been changed or replenished as directed or required
17
under part 7, the proposed suspension period may be stated as the period
18
ending when the financial assurance is changed or replenished as
19
required.
`145I Considering representations 20
`The administering authority must consider any written 21
representation made within the period stated in the notice 22
under section 145H by the environmental authority holder. 23
`145J Decision on proposed action 24
`(1) If, after complying with section 145I, the administering 25
authority still believes a ground exists to take the proposed 26
action, it may-- 27
(a) if the proposed action was to amend the environmental 28
authority in a stated way--make the amendment; or 29
(b) if the proposed action was to suspend the environmental 30
authority for a stated period--suspend the 31
environmental authority for no longer than the proposed 32
suspension period; or 33
s 32 81 s 32
Environmental Protection and Other Legislation
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(c) if the proposed action was to cancel the environmental 1
authority--either cancel the environmental authority or 2
suspend it for a fixed period. 3
`(2) The decision under subsection (1) is the proposed action 4
decision. 5
`(3) If the administering authority at any time decides not to take 6
the proposed action, it must, as soon as practicable, give the 7
holder written notice of the decision. 8
`145K Notice of proposed action decision 9
`(1) The administering authority must, within 10 business days 10
after the proposed action decision is made-- 11
(a) for a decision to amend a code compliant 12
authority--give its holder a written notice stating the 13
decision and the reasons for it; or 14
(b) for a decision to amend a non-code compliant 15
authority--give its holder an information notice about 16
the decision.49 17
`(2) The decision takes effect on the later of the following-- 18
(a) the day the holder is given the notice; 19
(b) a later day of effect stated in the notice. 20
`(3) However, if the decision was to cancel or suspend because of 21
the conviction of the holder for an offence, the cancellation or 22
suspension-- 23
(a) does not take effect until-- 24
(i) the period to appeal against the conviction ends; 25
and 26
(ii) if the appeal is made against the conviction--the 27
appeal is finally decided or is otherwise ended; and 28
(b) has no effect if the conviction is quashed on appeal. 29
49 See part 2, division 3 (Level 2 petroleum activities), subdivisions 1 (Code compliant
authorities) and 2 (Non-code compliant authorities) and part 2, division 4 (Level 1
petroleum activities).
s 32 82 s 32
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`Division 3 Steps after making decision 1
`145L Steps for corrections 2
`If the administering authority decides to amend an 3
environmental authority (petroleum activities) to make a 4
correction, it must, within 10 business days after giving notice 5
of the correction under section 145D(b)50-- 6
(a) amend the environmental authority to give effect to the 7
amendment; and 8
(b) record particulars of the amendment in the appropriate 9
register. 10
`145M Steps for amendment by agreement 11
`If, under division 1, subdivision 1, the administering 12
authority decides to amend an environmental authority 13
(petroleum activities) with its holder's agreement, it must, 14
within 10 business days-- 15
(a) amend the environmental authority to give effect to the 16
amendment; and 17
(b) record particulars of the amendment in the appropriate 18
register; and 19
(c) give the holder a copy of the amended environmental 20
authority. 21
`145N Steps for amendment without agreement or for 22
cancellation or suspension 23
`(1) This section applies if the proposed action decision is to take 24
action and the decision has taken effect. 25
`(2) The administering authority must, as soon as practicable-- 26
(a) take the action; and 27
50 Section 145D (Corrections)
s 32 83 s 32
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(b) record particulars of the action in the appropriate 1
register. 2
`(3) If the action is suspension of the environmental authority 3
(petroleum activities)-- 4
(a) the particulars must state when the suspension period 5
starts and ends; and 6
(b) the suspension ends when the suspension period is 7
stated to end. 8
`(4) If the action is to amend the environmental authority, the 9
administering authority must also give its holder a copy of the 10
amended environmental authority as soon as practicable. 11
`Part 7 Financial assurance 12
`145O Financial assurance may be required before authority 13
is issued or transferred 14
`(1) This section applies if, under this chapter, the administering 15
authority decides to grant an application for, or to transfer, an 16
environmental authority (petroleum activities). 17
`(2) The administering authority may, within 8 business days after 18
the day the decision was made, require the giving of financial 19
assurance in a stated form or amount as security for-- 20
(a) compliance with the environmental authority or the 21
transferred environmental authority; and 22
(b) costs or expenses, or likely costs or expenses, mentioned 23
in section 367(1).51 24
`(3) However, the requirement may be made only if the 25
administering authority is satisfied the assurance is justified 26
having regard to-- 27
51 Section 367 (Claims on financial assurances)
s 32 84 s 32
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(a) the degree of risk of environmental harm being caused, 1
or that might reasonably be expected to be caused, by 2
relevant petroleum activities for the environmental 3
authority; and 4
(b) the likelihood of action being required to rehabilitate or 5
restore and protect the environment because of 6
environmental harm being caused by the activities; and 7
(c) the applicant's environmental record. 8
`(4) The requirement must be included in, or be accompanied by, 9
an information notice about the decision to make the 10
requirement. 11
`(5) The requirement may require the financial assurance to 12
remain in force until the administering authority is satisfied no 13
claim is likely to be made on the assurance. 14
`(6) The administering authority may refuse to issue or transfer the 15
environmental authority (petroleum activities) until the 16
requirement is complied with. 17
`(7) In this section-- 18
applicant, for an application to transfer an environmental 19
authority (petroleum activities), means the proposed 20
transferee under the application. 21
`145P Power to require change to financial assurance 22
`(1) The administering authority may, by complying with 23
subsections (3) to (5), require the holder of an environmental 24
authority (petroleum activities) to change the financial 25
assurance given for the environmental authority. 26
`(2) The requirement may be made at any time. 27
`(3) The administering authority must give the holder a notice-- 28
(a) stating the proposed change; and 29
(b) inviting the holder to make, within a stated period, 30
submissions about the proposed change. 31
s 32 85 s 32
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`(4) The administering authority must, before deciding to make 1
the requirement, consider any written submissions by the 2
holder given within the stated period. 3
`(5) The stated period must end at least 20 business days after the 4
holder is given the notice. 5
`(6) The requirement does not take effect until the holder is given 6
an information notice about the decision or, if the notice states 7
a later day of effect, on that later day. 8
`(7) In this section-- 9
change, financial assurance, includes to increase its amount or 10
replace it. 11
financial assurance, given, includes financial assurance 12
changed because of a requirement under subsection (1). 13
`145Q Replenishment of financial assurance 14
`(1) This section applies, if-- 15
(a) under section 367,52 all or part of the financial assurance 16
for an environmental authority (petroleum activities) has 17
been realised; and 18
(b) the environmental authority is still in force. 19
`(2) The administering authority must give the permit holder a 20
notice-- 21
(a) stating how much of the financial assurance has been 22
used; and 23
(b) directing the holder to, within 20 business days after the 24
giving of the notice, replenish the financial assurance so 25
that its amount and form complies with the financial 26
assurance as it was required under section 145O, as 27
changed from time to time under section 145P. 28
`(3) It is a condition of the environmental authority that the holder 29
must comply with the direction. 30
52 Section 367 (Claims on financial assurances)
s 32 86 s 32
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`Part 8 Principal holders 1
`145R Application of pt 8 2
`This part applies if 2 or more persons jointly hold an 3
environmental authority (petroleum activities). 4
`145S Appointment of principal holder 5
`(1) A person is taken to have been appointed as the principal 6
holder of the environmental authority if-- 7
(a) immediately before the issue of the environmental 8
authority, the person held appointment under 9
section 87(1)53 as the principal applicant for the 10
application for the environmental authority; and 11
(b) the person's appointment has not been cancelled under 12
that section. 13
`(2) The holders of the environmental authority may, by a signed 14
notice from all of them to the administering authority-- 15
(a) appoint 1 of them as the principal holder of the 16
environmental authority; or 17
(b) cancel the appointment of a principal holder. 18
`145T Effect of appointment 19
`If a holder of the environmental authority holds appointment 20
as its principal holder-- 21
(a) the principal holder may, for all holders of the 22
environmental authority, give the administering 23
authority a notice or other document relating to the 24
environmental authority; and 25
(b) the administering authority may-- 26
53 Section 87 (Appointment of principal applicant)
s 32 87 s 32
Environmental Protection and Other Legislation
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(i) give a notice or other document relating to the 1
environmental authority to all the holders by giving 2
it to the principal holder; or 3
(ii) make a requirement under this Act relating to the 4
environmental authority of all the holders by 5
making the requirement of the principal holder. 6
`Part 9 Miscellaneous provisions 7
`145U Grounds for refusing application for or to transfer 8
non-code compliant authority 9
`(1) The administering authority may refuse an application for, or 10
to transfer, a non-code compliant authority if-- 11
(a) the administering authority is satisfied the proposed 12
holder is not a suitable person to hold an environmental 13
authority (petroleum activities); or 14
(b) a disqualifying event has happened in relation to the 15
proposed holder or another person of whom the 16
proposed holder is a partner and the partnership is 17
relevant to the non-code compliant authority; or 18
(c) if the proposed holder is a corporation, a disqualifying 19
event has happened in relation to-- 20
(i) any of its executive officers; or 21
(ii) another corporation of which any of its executive 22
officers is, or has been, an executive officer. 23
`(2) In deciding whether a proposed holder is suitable person to 24
hold an environmental authority (petroleum activities), the 25
administering authority must consider all relevant matters, 26
including, for example-- 27
(a) the proposed holder's environmental record; and 28
(b) the proposed holder's ability to comply with any 29
conditions or proposed conditions of the environmental 30
authority or proposed environmental authority. 31
s 33 88 s 33
Environmental Protection and Other Legislation
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`145V Restrictions on authority or transfer taking effect 1
`(1) This section applies if an environmental authority (petroleum 2
activities) is, or must be-- 3
(a) issued under this chapter; or 4
(b) issued or amended to give effect to a transfer under this 5
chapter. 6
`(2) If the environmental authority states a day or an event for the 7
authority or transfer to take effect, the authority or transfer 8
takes effect on the stated day or when the stated event 9
happens. 10
`(3) If no day or event is stated, the environmental authority or 11
transfer takes effect when the later of the following happens-- 12
(a) the granting, under the petroleum legislation, of each 13
relevant petroleum authority; 14
(b) each environmental authority holder has become a 15
holder of a relevant petroleum authority for the 16
environmental authority; 17
(c) if a person, other than an environmental authority 18
holder, is a holder of any relevant petroleum authority 19
for the environmental authority--the person ceases to be 20
a holder of the petroleum authority; 21
(d) if the authority was issued under part 2, division 4,54 and 22
a properly made submission was made the application 23
for the authority--the review date.'. 24
Clause 33 Amendment of s 148 (Types of environmental authority 25
(mining activities)) 26
Section 148-- 27
insert-- 28
`(2) Each environmental authority (mining activities) is either a 29
code compliant authority or a non-code compliant authority. 30
54 Part 2, division 4 (Level 1 petroleum activities)
s 34 89 s 35
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) A code compliant authority is an environmental authority 1
(mining activities)-- 2
(a) that, under section 164, is taken to have been issued; or 3
(b) that is issued under section 167 in the following 4
circumstances-- 5
(i) all relevant standard environmental conditions for 6
the authority are conditions of the authority; 7
(ii) they are the only conditions of the authority.55 8
`(4) However, a code compliant authority ceases to be a code 9
compliant authority if, under part 8, 9 or 12,56 its conditions 10
are amended or new conditions are imposed on it. 11
`(5) A non-code compliant authority is any environmental 12
authority (mining activities) other than a code compliant 13
authority.'. 14
Clause 34 Amendment of s 150 (What are the application 15
documents) 16
(1) Section 150(c), `environmental management document'-- 17
omit, insert-- 18
`EM plan'. 19
(2) Section 150(d), `or EMOS assessment report'-- 20
omit. 21
Clause 35 Replacement of ch 5, part 1, div 3 (Standard mining 22
activities) 23
Chapter 5, part 1, division 3-- 24
omit, insert-- 25
55 Sections 164 (Automatic issuing of code compliant authority if no relevant mining
claim or mining lease) and 167 (Modified application of pt 6, divs 6 to 8)
See also section 603B(2) (Automatic conversion for particular applications).
56 Part 8 (Amendment of authorities by application), 9 (Transfer of authorities) or
12 (Amendment, cancellation or suspension by administering authority)
See also section 165 (Conditions of code compliant authority).
s 36 90 s 37
Environmental Protection and Other Legislation
Amendment Bill 2004
`151 What is a level 1 mining project and a level 2 mining 1
project 2
`(1) A level 1 mining project is a mining project authorised under 3
an environmental authority (mining activities) if-- 4
(a) any of the mining activities that form the project do not 5
comply with the criteria prescribed under a regulation 6
for that type of environmental authority to be a code 7
compliant authority; or 8
(b) any relevant mining tenement for the environmental 9
authority is, or is included in, a significant project. 10
`(2) A level 2 mining project is-- 11
(a) any mining activity authorised under an environmental 12
authority (prospecting); or 13
(b) a mining project authorised under an environmental 14
authority (mining activities) if-- 15
(i) all mining activities that form the project comply 16
with the criteria prescribed under a regulation for 17
that type of environmental authority to be a code 18
compliant authority; and 19
(ii) no relevant mining tenement for the environmental 20
authority is, or is included in, a significant 21
project.'. 22
Clause 36 Omission of ch 5, pt 2, div 1 (Introduction) 23
Chapter 5, part 2, division 1-- 24
omit. 25
Clause 37 Renumbering of ch 5, pt 2, div 2 (Applications) 26
Chapter 5, part 2, division 2-- 27
renumber as chapter 5, part 2, division 1. 28
s 38 91 s 38
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 38 Amendment of s 154 (General requirements for 1
application) 2
(1) Section 154(1)(b) and (c)-- 3
omit, insert-- 4
`(b) state whether the application is for a code compliant or 5
non-code compliant authority; and 6
(c) if the application is for a code compliant authority-- 7
(i) state the type of the proposed environmental 8
authority (mining activities); and 9
(ii) certify that-- 10
(A) all mining activities proposed to be carried 11
out under the environmental authority 12
comply with the criteria prescribed under 13
section 15157 for that type of environmental 14
authority to be a code compliant authority; 15
and 16
(B) the applicant can, in carrying out the mining 17
activities, comply with the relevant standard 18
environmental conditions for the code 19
compliant authority. 20
21
Note--
22
A subsequent failure to comply with any of the standard
23
environmental conditions may result in the commission of
24
an offence or in action to amend, suspend or cancel the
25
environmental authority. See sections 165, 292(2)(a),
293(2)(a) and 480(4).58'. 26
(2) Section 154(2) to (5)-- 27
omit, insert-- 28
57 Section 151 (What is a level 1 mining project and a level 2 mining project)
58 Sections 165 (Conditions of code of compliant authority), 292 (Other amendments),
293 (Conditions for cancellation or suspension) and 480 (False, misleading or
incomplete documents)
s 39 92 s 40
Environmental Protection and Other Legislation
Amendment Bill 2004
`(2) If the application is for a non-code compliant authority, the 1
application must be supported by enough information to allow 2
the administering authority to decide the application.59 3
`(3) The requirements under this section are, to the extent to they 4
are relevant, the application requirements for the application. 5
`(4) If the application is for a non-code compliant authority and 6
the application complies with subsection (1), it is a code 7
compliant application. 8
`(5) A non-code compliant application is any application for an 9
environmental authority (mining activities) that is not a code 10
compliant application.'. 11
Clause 39 Amendment of s 155 (Single application required for 12
mining project) 13
(1) Section 155(3)(b)(ii)-- 14
omit, insert-- 15
`(ii) whether each stated type is proposed to be a code 16
compliant or non-code compliant authority.'. 17
(2) Section 155(4)-- 18
omit. 19
(3) Section 155(5) to (7)-- 20
renumber as section 155(4) to (6). 21
Clause 40 Replacement of ch 5, pt 2, div 3 (Assessment level 22
decision for certain applications) 23
Chapter 5, part 2, division 3-- 24
omit, insert-- 25
59 For when the other information must be given, see sections 187 and
201 (Environmental management plan required).
s 40 93 s 40
Environmental Protection and Other Legislation
Amendment Bill 2004
`Division 2 EIS decision for particular non-code 1
compliant applications 2
`161 Application of div 2 3
`This division applies for a non-code compliant application 4
if-- 5
(a) it is for an environmental authority (mining activities) 6
for a level 1 mining project; and 7
(b) no relevant mining tenement for the application is, or is 8
included in, a significant project. 9
`162 Decision about EIS requirement 10
`(1) The administering authority must, within the required period, 11
decide whether an EIS is required for the application. 12
`(2) The authority must, in making the decision, consider the 13
standard criteria. 14
`(3) If the authority does not make the decision within the required 15
period, it is taken, at the end of the period, to have decided 16
that no EIS is required for the application. 17
`(4) In this section-- 18
required period means the later of the following periods to 19
end-- 20
(a) 10 business days after the administering authority 21
receives the application; 22
(b) if the administering authority, within the 10 business 23
days, gives the applicant a written notice that the 24
EPA Minister has fixed a longer period--the longer 25
period. 26
`163 Minister's power to overturn decision about EIS 27
requirement 28
`(1) This section applies despite any decision by the administering 29
authority under section 162. 30
s 41 94 s 41
Environmental Protection and Other Legislation
Amendment Bill 2004
`(2) The EPA Minister may, at any time before an environmental 1
authority (mining activities) is issued for the application, 2
decide whether an EIS is required for the application. 3
`(3) The Minister must, in making the decision, consider the 4
standard criteria.'. 5
Clause 41 Replacement of ch 5, pt 3 (Processing environmental 6
authority (prospecting) applications) 7
Chapter 5, part 3-- 8
omit, insert-- 9
`Part 3 Processing of applications for 10
level 2 mining projects 11
`Division 1 Code compliant applications 12
`Subdivision 1 No relevant mining claim or mining 13
lease 14
`164 Automatic issuing of code compliant authority if no 15
relevant mining claim or mining lease 16
`If-- 17
(a) no relevant mining tenement for a code compliant 18
application is a mining claim or mining lease; and 19
(b) section 15560 does not apply to the applicant, or if it does 20
apply to the applicant, section 155(2) and (3) have been 21
complied with; 22
the code compliant authority applied for is taken to have been 23
issued immediately after the application is made.61 24
60 Section 155 (Single application required for mining project)
61 See however section 303 (Restrictions on environmental authority or transfer taking
effect).
s 41 95 s 41
Environmental Protection and Other Legislation
Amendment Bill 2004
`165 Conditions of code compliant authority 1
`(1) The relevant standard environmental conditions for the code 2
compliant authority are taken to be conditions of the 3
authority.62 4
`(2) While the authority continues to be a code compliant 5
authority, the relevant standard environmental conditions are 6
the only conditions of the authority.63 7
`Subdivision 2 Process if there is a relevant mining 8
claim or mining lease 9
`166 Application of sdiv 2 10
`This subdivision applies to a code compliant application if 11
any relevant mining tenement is a mining claim or mining 12
lease. 13
`167 Modified application of pt 6, divs 6 to 8 14
`(1) Part 6, divisions 6 to 8 apply-- 15
(a) as if the application were an application for a level 1 16
mining project; and 17
(b) with other necessary changes. 18
`(2) For applying the divisions, the draft environmental authority 19
for the application is taken to be all relevant standard 20
environmental conditions for the proposed environmental 21
authority (mining activities). 22
`(3) For applying section 21664-- 23
(a) the applicant can not object to the draft environmental 24
authority; and 25
62 See however section 550 (Effect of changes to standard environmental conditions).
63 For when a code compliant authority becomes a non-code compliant authority, see
section 148 (Types of environmental authority (mining activities)).
64 Section 216 (Right to make objection)
s 41 96 s 41
Environmental Protection and Other Legislation
Amendment Bill 2004
(b) another entity may object to the draft only to the extent 1
it relates to a relevant mining tenement that is a mining 2
claim or mining lease. 3
`168 Non-code compliant application fee must be paid if 4
decision is to grant non-code compliant authority 5
`(1) This section applies if-- 6
(a) the Minister's decision is to grant an environmental 7
authority (mining activities); and 8
(b) the conditions of the environmental authority are not the 9
same as the conditions in the draft environmental 10
authority for the application. 11
`(2) Despite section 22665 as applied under section 167, the 12
administering authority must not issue the environmental 13
authority until the applicant pays it the amount of the 14
application fee for a non-code compliant application. 15
`Division 2 Non-code compliant applications 16
`Subdivision 1 Process if no relevant mining claim 17
or mining lease 18
`169 Application of sdiv 1 19
`This subdivision applies to a non-code compliant application 20
for a level 2 mining project if no relevant mining tenement is a 21
mining claim or mining lease. 22
`170 Additional conditions may be imposed 23
`(1) The administering authority may, in granting the application, 24
impose a condition (an additional condition) on the 25
environmental authority that is not a relevant standard 26
environmental condition for the environmental authority. 27
65 Section 226 (Grant of application)
s 41 97 s 41
Environmental Protection and Other Legislation
Amendment Bill 2004
`(2) The applicant may ask the authority to impose an additional 1
condition. 2
`(3) The request must be-- 3
(a) made in the application or in the approved form for the 4
request; and 5
(b) supported by enough information to allow the authority 6
to decide whether to impose the additional condition; 7
and 8
(c) accompanied by the fee prescribed under a regulation. 9
`(4) In deciding whether to impose an additional condition the 10
authority must-- 11
(a) comply with any relevant EPP requirement; and 12
(b) subject to paragraph (a)--consider the standard criteria. 13
`(5) However, an additional condition may be imposed only if the 14
authority considers that-- 15
(a) the condition is necessary or desirable; and 16
(b) if the condition is imposed, the mining project would 17
still be a level 2 mining project. 18
`(6) An additional condition may be imposed even if the applicant 19
did not ask for it. 20
`171 Deciding application 21
`(1) The administering authority must, within the required period, 22
consider the application and decide whether-- 23
(a) to grant or refuse it; and 24
(b) to impose any additional conditions. 25
`(2) In making the decisions, the authority must consider each of 26
the following-- 27
(a) the application documents for the application; 28
(b) the standard criteria; 29
(c) the applicant's ability to comply with the relevant 30
standard environmental conditions; 31
s 41 98 s 41
Environmental Protection and Other Legislation
Amendment Bill 2004
(d) any suitability report obtained for the application; 1
(e) the status of any application under the Mineral 2
Resources Act for each relevant mining tenement. 3
`(3) In this section-- 4
required period means-- 5
(a) if no additional condition has been requested within 6
5 business days after the administering authority 7
receives the application--within the 5 business days; or 8
(b) if additional conditions have been requested within 9
5 business days after the administering authority 10
receives the application--within the 10 business days 11
after the making of the last request for an additional 12
condition. 13
`171A Consequence of failure to decide 14
`(1) The administering authority is taken to have decided to grant 15
the application at the end of the required period under 16
section 171 if-- 17
(a) the application requirements have been complied with 18
for the application; and 19
(b) the authority has not decided to refuse the application. 20
`(2) Also, if the applicant asked for an additional condition, the 21
administering authority is taken to have decided to impose the 22
condition on the environmental authority if the administering 23
authority has not decided to refuse the request. 24
`171B Grant of application 25
`(1) If the administering authority decides to grant the application, 26
it must, within 10 business days after the decision is made, 27
issue the environmental authority in the approved form. 28
`(2) The environmental authority must-- 29
(a) either-- 30
(i) contain the standard environmental conditions for 31
each relevant mining activity; or 32
s 41 99 s 41
Environmental Protection and Other Legislation
Amendment Bill 2004
(ii) identify the conditions by reference to their 1
gazettal or to a code of environmental compliance 2
in which they are contained; and 3
(b) contain any additional condition imposed. 4
`(3) The administering authority must insert the environmental 5
authority in the appropriate register and give the applicant a 6
copy of the environmental authority within 10 business days 7
after the making of the decision. 8
`171C Notice about refusal or condition decision 9
`(1) This section applies if the administering authority decides-- 10
(a) to refuse the application; or 11
(b) to impose an additional condition on the environmental 12
authority that is not the same, or to the same effect, as an 13
additional condition agreed to or requested by the 14
applicant; or 15
(c) to refuse to impose an additional condition requested by 16
the applicant. 17
`(2) The administering authority must, within 10 business days 18
after the decision is made, give the applicant a written notice 19
stating-- 20
(a) the decision, and the reasons for it; and 21
(b) that the decision does not stop the applicant from 22
applying for another environmental authority (mining 23
activities) for the activities the subject of the application. 24
`Subdivision 2 Process if there is a relevant mining 25
claim or mining lease 26
`171D Modified application of pt 6, divs 5 to 8 27
`(1) This section applies to a non-code compliant application for a 28
level 2 mining project if any relevant mining tenement is a 29
mining claim or mining lease. 30
s 42 100 s 44
Environmental Protection and Other Legislation
Amendment Bill 2004
`(2) Part 6, divisions 5 to 8 apply-- 1
(a) as if the application were an application for a level 1 2
mining project; and 3
(b) with other necessary changes. 4
`(3) For applying section 21666 an entity may object to the draft 5
environmental authority for the application only to the extent 6
it relates to a relevant mining tenement that is a mining claim 7
or mining lease.'. 8
Clause 42 Replacement of ch 5, pt 4, hdg (Processing 9
environmental authority (mining claim) applications) 10
Chapter 5, part 4, heading-- 11
omit, insert-- 12
`Part 4 Processing non-code 13
compliant applications for 14
environmental authority 15
(mining claim) for level 1 16
mining project'. 17
Clause 43 Amendment of s 172 (Operation of pt 4) 18
Section 172, after `application'-- 19
insert-- 20
`if the application is a non-code compliant application for a 21
level 1 mining project'. 22
Clause 44 Omission of s 176 (Additional conditions may be 23
included) 24
Section 176-- 25
omit. 26
66 Section 216 (Right to make objection)
s 45 101 s 48
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 45 Replacement of ch 5, pt 5, hdg (Processing 1
environmental authority (exploration) and environmental 2
authority (mineral development) applications) 3
Chapter 5, part 5, heading-- 4
omit, insert-- 5
`Part 5 Processing non-code 6
compliant applications for 7
environmental 8
authority (exploration) or 9
environmental authority 10
(mineral development) for level 11
1 mining project'. 12
Clause 46 Omission of ch 5, pt 5, div 1, hdg (Preliminary) 13
Chapter 5, part 5, division 1, heading-- 14
omit. 15
Clause 47 Amendment of s 178 (Operation of pt 5) 16
Section 178, after `assess'-- 17
omit, insert-- 18
`a non-code compliant application for an environmental 19
authority (exploration) or environmental authority (mineral 20
development) for a level 1 mining project.'. 21
Clause 48 Omission of ch 5, pt 5, div 2 (Standard applications) 22
Chapter 5, part 5, division 2-- 23
omit. 24
s 49 102 s 54
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 49 Omission of ch 5, pt 5, div 3, hdg (Non-standard 1
applications) 2
Chapter 5, part 5, division 3, heading-- 3
omit. 4
Clause 50 Omission of ch 5, pt 5, div 3, sdiv 1, hdg (Preliminary) 5
Chapter 5, part 5, division 3, subdivision 1, heading-- 6
omit. 7
Clause 51 Omission of ch 5, pt 5, div 3, sdiv 2, hdg (EIS stage) 8
Chapter 5, part 5, division 3, subdivision 2, heading-- 9
omit. 10
Clause 52 Omission of ch 5, pt 5, div 3, sdiv 3, hdg (Environmental 11
management document stage) 12
Chapter 5, part 5, division 3, subdivision 2, heading-- 13
omit. 14
Clause 53 Amendment of s 187 (Environmental management 15
plan required) 16
(1) Section 187(2)-- 17
renumber as section 187(3). 18
(2) Section 187-- 19
insert-- 20
`(2) The plan must comply with section 189.'. 21
Clause 54 Amendment of s 188 (Purpose of environmental 22
management plan) 23
(1) Section 188, heading, `environmental management plan'-- 24
omit, insert-- 25
`submitted EM plan'. 26
s 55 103 s 56
Environmental Protection and Other Legislation
Amendment Bill 2004
(2) Section 188, `an environmental management plan'-- 1
omit, insert-- 2
`the submitted EM plan'. 3
Clause 55 Amendment of s 189 (Environmental management 4
plan--content requirements) 5
(1) Section 189, heading-- 6
omit, insert-- 7
`189 Content requirements for submitted EM plan'. 8
(2) Section 189(1), `An environmental management plan'-- 9
omit, insert-- 10
`A submitted EM plan'. 11
(3) Section 189(1)(c), after `state'-- 12
insert-- 13
`, to the extent a code of environmental compliance does not 14
apply to the relevant mining activities,'. 15
(4) Section 189(1)(c) to (e)-- 16
renumber as section 189(1)(d) to (f). 17
(5) Section 189(1)-- 18
insert-- 19
`(c) state any code of environmental compliance and 20
standard environmental conditions that are to apply to 21
the relevant mining activities; and'. 22
Clause 56 Amendment of s 190 (Amending environmental 23
management plan) 24
(1) Section 190, words before subsection (2)-- 25
omit, insert-- 26
`190 Submitted EM plan may be amended'. 27
(2) Section 190(2), `original plan'-- 28
omit, insert-- 29
s 57 104 s 60
Environmental Protection and Other Legislation
Amendment Bill 2004
`submitted EM plan'. 1
(3) Section 190(2) to (4)-- 2
renumber as section 190(1) to (3). 3
(4) Section 190(5)-- 4
omit. 5
Clause 57 Amendment of s 191 (EM plan assessment report may 6
be prepared) 7
Section 191(1), `a submitted environmental management 8
plan'-- 9
omit, insert-- 10
`the submitted EM plan'. 11
Clause 58 Amendment of s 192 (Requirements for EM plan 12
assessment report) 13
Section 192(b)(i), `submitted environmental management 14
plan'-- 15
omit, insert-- 16
`submitted EM plan'. 17
Clause 59 Omission of ch 5, pt 5, div 3, sdiv 4, hdg (Decision stage) 18
Chapter 5, part 5, division 3, subdivision 4, heading-- 19
omit. 20
Clause 60 Replacement of ch 5, pt 6, hdg (Processing 21
environmental authority (mining lease) applications 22
Chapter 5, part 6, heading-- 23
omit, insert-- 24
s 61 105 s 62
Environmental Protection and Other Legislation
Amendment Bill 2004
`Part 6 Processing non-code 1
compliant applications for 2
environmental authority 3
(mining lease) for level 1 4
mining project'. 5
Clause 61 Amendment of s 196 (Operation of pt 6) 6
Section 196, after `application'-- 7
insert-- 8
`if the application is a non-code compliant application for a 9
level 1 mining project'. 10
Clause 62 Replacement of s 197 (Summary of pt 6 process) 11
Section 197-- 12
omit, insert-- 13
`197 Summary of pt 6 process 14
`The stages for deciding the application and the main steps 15
within each stage are as follows-- 16
stage 1 EIS--divs 2 and 3 and ch 3, pt 1
If an EIS requirement has been made for the application, the
EIS process must be completed.
stage 2 Decision to refuse or to allow to proceed--div 4
1 The administering authority must, within the refusal
period, decide either to refuse the application or to allow it
to proceed under stages 3 to 5.
2 If no refusal decision is made within the refusal period,
stages 3 to 5 apply.
s 63 106 s 63
Environmental Protection and Other Legislation
Amendment Bill 2004
stage 3 Draft environmental authority--div 5
The administering authority gives the applicant a draft
environmental authority that includes proposed conditions.
stage 4 Public notice and objections--div 6
1 The applicant gives public notice of the application
documents for the application.
2 The administering authority receives, within the objection
period, any objections to the application documents.
stage 5 Decision stage--div 7
(a) If there are objections--division 7, subdivision 1
If there are any current objections when the objection period
ends--
1 The objections are referred to the tribunal.
2 The tribunal makes a recommendation about the
application to the MRA Minister.
3 The EPA Minister decides the application.
(b) If no objections or objections are withdrawn--division 7,
subdivision 2
The environmental authority must be issued on the basis of the
draft environmental authority if--
1 There are no current objections when the objection
period ends; or
2 All objections are withdrawn before the tribunal
makes its recommendation.'.
Clause 63 Replacement of ch 5, pt 6, div 2, hdg (EIS stage for 1
non-standard applications) 2
Chapter 5, part 6, division 2, heading-- 3
omit, insert-- 4
`Division 2 EIS stage'. 5
s 64 107 s 68
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 64 Amendment of s 198 (Application of div 2) 1
Section 198, `the application is a non-standard application 2
and'-- 3
omit. 4
Clause 65 Amendment of s 199 (EIS process applies) 5
Section 199(2), `EMOS'-- 6
omit, insert-- 7
`environmental management plan'. 8
Clause 66 Replacement of ch 5, pt 6, div 3, hdg (Environmental 9
management document stage for non-standard 10
applications) 11
Chapter 5, part 6, division 3, heading-- 12
omit, insert-- 13
`Division 3 Environmental management plan 14
stage'. 15
Clause 67 Omission of s 200 (Application of div 3) 16
Section 200-- 17
omit. 18
Clause 68 Replacement of s 201 (EMOS required) 19
Section 201-- 20
omit, insert-- 21
`201 Environmental management plan required 22
`(1) The applicant must submit to the administering authority an 23
environmental management plan for all relevant mining 24
activities. 25
`(2) The plan must comply with section 203. 26
s 69 108 s 70
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) If an EIS requirement has been made for the application, the 1
plan may be submitted whether or not the EIS process has 2
been completed.'. 3
Clause 69 Amendment of s 202 (Purpose of EMOS) 4
(1) Section 202, heading, `EMOS'-- 5
omit, insert-- 6
`submitted EM plan'. 7
(2) Section 202, `an EMOS'-- 8
omit, insert-- 9
`the submitted EM plan'. 10
Clause 70 Amendment of s 203 (EMOS--content requirements) 11
(1) Section 203, heading-- 12
omit, insert-- 13
`203 Content requirements for submitted EM plan'. 14
(2) Section 203(1), `EMOS'-- 15
omit, insert-- 16
`EM plan'. 17
(3) Section 203(1)(c), after `state'-- 18
insert-- 19
`, to the extent a code of environmental compliance does not 20
apply to the relevant mining activities,'. 21
(4) Section 203(1)(c) to (e)-- 22
renumber as section 203(1)(d) to (g). 23
(5) Section 203(1)-- 24
insert-- 25
`(c) state any code of environmental compliance and standard 26
environmental conditions that are to apply to the relevant 27
mining activities; and'. 28
s 71 109 s 72
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 71 Amendment of s 204 (Amending EMOS) 1
(1) Section 204, words before subsection (2)-- 2
omit, insert-- 3
`204 Submitted EM plan may be amended'. 4
(2) Section 204(2), `EMOS'-- 5
omit, insert-- 6
`EM plan'. 7
(3) Section 204(3) and (4), `EMOS amendment notice'-- 8
omit, insert-- 9
`EM plan amendment notice'. 10
(4) Section 204(2) to (4)-- 11
renumber as section 204(1) to (3). 12
(5) Section 204(5)-- 13
omit. 14
Clause 72 Amendment of s 205 (EMOS assessment report may 15
be prepared) 16
(1) Section 205, heading `EMOS'-- 17
omit, insert-- 18
`EM plan'. 19
(2) Section 205(1), `EMOS'-- 20
omit, insert-- 21
`environmental management plan'. 22
(3) Section 205(2) to (4), `EMOS assessment report'-- 23
omit, insert-- 24
`EM plan assessment report'. 25
(4) Section 205(2), `a submitted EMOS'-- 26
omit, insert-- 27
`the submitted EM plan'. 28
s 73 110 s 75
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 73 Amendment of s 206 (Requirements for EMOS 1
assessment report) 2
(1) Section 206, `EMOS assessment report'-- 3
omit, insert-- 4
`EM plan assessment report'. 5
(2) Section 206(b)(i), `EMOS'-- 6
omit, insert-- 7
`EM plan'. 8
(3) Section 206(b)(ii), `EMOS'-- 9
omit, insert-- 10
`submitted EM plan'. 11
Clause 74 Amendment of s 207 (Administering authority may refuse 12
application) 13
(1) Section 207(2)(c)-- 14
omit. 15
(2) Section 207(2)(d) and (e)-- 16
renumber as section 207(2)(c) and (d). 17
(3) Section 207(3), from `applicant--' to `non-standard 18
application--'-- 19
omit, insert-- 20
`applicant'. 21
Clause 75 Amendment of s 208 (Obligation to prepare draft 22
environmental authority) 23
(1) Section 208(2)(b)-- 24
omit. 25
(2) Section 208(2)(c)-- 26
renumber as section 208(2)(b). 27
s 76 111 s 80
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 76 Omission of s 209 (Conditions--standard applications) 1
Section 209-- 2
omit. 3
Clause 77 Amendment of s 210 (Conditions--non-standard 4
applications) 5
(1) Section 210, words before subsection (2)-- 6
omit, insert-- 7
`210 Conditions that may and must be included in draft 8
environmental authority'. 9
(2) Section 210(2) to (4)-- 10
renumber as section 210(1) to (3). 11
Clause 78 Amendment of ch 5, pt 6, div 6, hdg (Public notice and 12
objections stage for all applications) 13
Chapter 5, part 6, division 6, heading, `for all applications'-- 14
omit. 15
Clause 79 Amendment of s 213 (Public access to application 16
documents) 17
Section 213(a), from `at the authority's'-- 18
omit, insert-- 19
`during office hours on business days at-- 20
(i) the authority's head office; or 21
(ii) another appropriate office of the authority; and'. 22
Clause 80 Amendment of s 216 (Right to make objection) 23
(1) Section 216(2)-- 24
omit. 25
(2) Section 216(3), `section 209 or 210'-- 26
omit, insert-- 27
s 81 112 s 84
Environmental Protection and Other Legislation
Amendment Bill 2004
`section 210'. 1
(3) Section 216(3) to (5)-- 2
renumber as section 216(2) to (4). 3
Clause 81 Amendment of s 222 (Nature of objections decision) 4
Section 222(2), `section 209 or 210'-- 5
omit, insert-- 6
`section 210'. 7
Clause 82 Amendment of s 223 (Matters to be considered for 8
objections decision) 9
(1) Section 223(e)-- 10
omit. 11
(2) Section 223(f) and (g)-- 12
renumber as section 223(e) and (f). 13
Clause 83 Amendment of s 225 (EPA Minister's decision on 14
application) 15
Section 225(3)(b), `section 209 or 210'-- 16
omit, insert-- 17
`section 210'. 18
Clause 84 Amendment of s 234 (Content requirements) 19
Section 234(1)(d)(ii)(A)-- 20
omit, insert-- 21
`(A) if there is a submitted EM plan for the 22
environmental authority--achieving or 23
implementing the environmental protection 24
commitments and control strategies under 25
the plan; and'. 26
s 85 113 s 87
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 85 Replacement of s 239 (Additional conditions may be 1
sought for standard authorities) 2
Section 239-- 3
omit, insert-- 4
`239 Conditions of code compliant authority may be 5
amended 6
`An amendment application for a code compliant authority 7
may seek to amend the relevant standard environmental 8
conditions for the authority or to impose new conditions on 9
the authority. 10
11
Note--
12
If the amendment is made, the authority will become a non-code
compliant authority. See section 148.67'. 13
Clause 86 Amendment of s 240 (Requirements for application) 14
Section 240(c)-- 15
omit, insert-- 16
`(c) accompanied by each of the following-- 17
(i) if the annual fee for the amended environmental 18
authority would be more than the annual fee 19
currently payable for the authority--the amount of 20
the next annual fee for the amended authority;68 21
(ii) the fee prescribed under a regulation.'. 22
Clause 87 Omission of ch 5, pt 8, div 3 (Processing amendment 23
applications for standard authorities) 24
Chapter 5, part 8, division 3-- 25
omit. 26
67 Section 148 (Types of environmental authority (mining activities)
68 See also section 45A (Refund of annual fee if replacement environmental authority issued)
of the Environmental Protection Regulation 1998.
s 88 114 s 91
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 88 Replacement of ch 5, pt 8, div 4, hdg (Processing other 1
amendment applications 2
Chapter 5, part 8, division 4, heading-- 3
omit, insert-- 4
`Division 3 Processing application'. 5
Clause 89 Omission of ch 5, pt 8, div 3, as renumbered under this 6
Act, sdiv 1 (Preliminary) 7
Chapter 5, part 8, division 3, as renumbered under this Act, 8
subdivision 1-- 9
omit. 10
Clause 90 Renumbering of ch 5, pt 8, div 3, as renumbered under 11
this Act, sdiv 2 (Assessment level decision) 12
Chapter 5, pt 8, div 3, as renumbered under this Act, 13
subdivision 2-- 14
renumber as chapter 5, part 8, division 3, subdivision 1. 15
Clause 91 Insertion of new s 247A 16
After section 247-- 17
insert-- 18
`247A Criteria for making assessment level decision 19
`In making the assessment level decision, the EPA Minister is 20
authorised to decided that the level of environmental harm 21
caused by any relevant mining activity is likely to be 22
significantly increased only if-- 23
(a) the application relates to a new relevant mining lease or 24
mining claim for the environmental authority; or 25
(b) the effect of the application is to significantly increase 26
the level of environmental harm beyond what was 27
caused by the existing mining activities to which the 28
environmental authority (mining activities) relates; or 29
s 92 115 s 94
Environmental Protection and Other Legislation
Amendment Bill 2004
1
Examples of possible significant increases--
2
1 an increase in the rate of production or disturbance under a
3
relevant mining activity beyond the level provided for under
4
the environmental authority
5
2 the building of additional infrastructure
(c) the application relates to an addition to the surface area 6
of a relevant mining lease for the environmental 7
authority.'. 8
Clause 92 Replacement of s 248 (Automatic refusal if EIS required) 9
Section 248-- 10
omit, insert-- 11
`248 Notice of EIS requirement 12
`If the EIS decision is that an EIS is required for the proposed 13
amendment, the administering authority must give the 14
applicant a written notice stating-- 15
(a) the decision, and the reasons for it; and 16
(b) that, under section 41,69 the applicant must submit to the 17
chief executive draft terms of reference for the EIS. 18
Clause 93 Renumbering of ch 5, pt 8, div 3, as renumbered under 19
this Act, sdiv 3 (Process if decision is significant 20
increase in environmental harm likely and EIS not 21
required) 22
Chapter 5, pt 8, div 3, as renumbered under this Act, 23
subdivision 3-- 24
renumber as chapter 5, part 8, division 3, subdivision 2. 25
Clause 94 Amendment of s 250 (Application of sdiv 3) 26
Section 250, heading, `sdiv 3'-- 27
69 Section 41 (Submission)
s 95 116 s 95
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`sdiv 2'. 2
Clause 95 Amendment of s 251 (Relevant application process 3
applies) 4
(1) Section 251(2)-- 5
omit, insert-- 6
`(2) If the environmental authority is an environmental authority 7
(mining claim) or environmental authority (mining lease) the 8
following provisions apply, with necessary changes, as if the 9
application were an application for the authority-- 10
(a) for a code compliant authority or a non-code compliant 11
authority for a level 2 mining project--part 3, 12
division 2, subdivision 2;70 13
(b) for a non-code compliant authority for a level 1 mining 14
project--part 6, divisions 3 to 8.'. 15
(2) Section 251(3)(b), after `subject to'-- 16
insert-- 17
`subsections (4) and (5) and'. 18
(3) Section 251-- 19
insert-- 20
`(4) To remove any doubt, it is declared that an objection made 21
under section 216,71 as applied under subsection (2)-- 22
(a) may be made about an existing provision of the 23
environmental authority only to the extent the provision 24
is proposed to be amended under the application; and 25
(b) can not be made about mining activities carried out 26
under the environmental authority before the deciding of 27
the application. 28
70 Part 3, division 2 (Non-code compliant applications), subdivision 2 (Process if there
is a relevant mining claim or mining lease)
71 Section 216 (Right to make objection)
s 96 117 s 97
Environmental Protection and Other Legislation
Amendment Bill 2004
`(5) For part 6, division 7, as applied under subsection (2), the 1
tribunal, in making the objections decision, or the EPA 2
Minister, in making a decision under section 225,72 may have 3
regard to-- 4
(a) an existing provision of the environmental authority, 5
whether or not the provision is proposed to be amended 6
under the application; and 7
(b) all or any mining activities carried out under the 8
environmental authority before the deciding of the 9
application.'. 10
Clause 96 Replacement of s 253 (Previous environmental 11
management document may be amended) 12
Section 253-- 13
omit, insert-- 14
`253 Submitted EM plan may be amended 15
`(1) The applicant may comply with the provisions about 16
submitted EM plans applied under section 251 by submitting 17
an amended version of the current submitted EM plan for the 18
environmental authority. 19
`(2) However, the amendments must comply with the provisions 20
about submitted EM plans, as applied under section 251.'. 21
Clause 97 Renumbering of ch 5, pt 8, div 3, as renumbered under 22
this Act, sdiv 4 (Process if decision is significant 23
environmental harm unlikely) 24
Chapter 5, pt 8, div 3, as renumbered under this Act, 25
subdivision 4-- 26
renumber as chapter 5, part 8, division 3, subdivision 3. 27
72 Part 6, division 7 (Decision stage)
Section 225 (EPA Minister's decision on application)
s 98 118 s 101
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 98 Amendment of s 256 (Application of sdiv 4) 1
Section 256, heading, `sdiv 4'-- 2
omit, insert-- 3
`sdiv 3'. 4
Clause 99 Insertion of new s 258A 5
Chapter 5, part 8-- 6
insert-- 7
`258A Submitted EM plan may be amended 8
`(1) If the amendment is made, the applicant may submit an 9
amended version of the current submitted EM plan for the 10
environmental authority. 11
`(2) However, the amendments in the amended version-- 12
(a) can only be amendments that are necessary to reflect the 13
amendment to the environmental authority; and 14
(b) must comply with the requirements that apply under 15
section 189 or 203 for a submitted EM plan.'. 16
Clause 100 Amendment of s 259 (Transfer only by approval) 17
Section 259(2)-- 18
omit, insert-- 19
`(2) To remove any doubt, it is declared that a transfer application 20
may be made, and a transfer may be approved, for a transfer 21
from joint holders of an environmental authority (mining 22
activities) under which 1 or more of the joint holders will 23
continue to hold the environmental authority.'. 24
Clause 101 Amendment of s 260 (Requirements for transfer 25
application) 26
(1) Section 260, heading, `Requirements'-- 27
omit, insert-- 28
`General requirements'. 29
s 102 119 s 102
Environmental Protection and Other Legislation
Amendment Bill 2004
(2) Section 260(2), after `authority.'-- 1
insert-- 2
3
`Note--
4
If the amendment is made and the conditions of the authority are
5
amended or new conditions are imposed on it, the environmental
6
authority will become a non-code compliant authority. See
section 148.73'. 7
Clause 102 Insertion of new s 260A 8
After section 260-- 9
insert-- 10
`260A Additional requirement for transfer application 11
for code compliant authority if no amendment 12
application made 13
`(1) This section applies if-- 14
(a) the environmental authority (mining activities) is a code 15
compliant authority; and 16
(b) the transfer application is not accompanied by an 17
amendment application. 18
`(2) The transfer application must also include a certification by 19
the proposed transferee that-- 20
(a) all mining activities to be carried out by the proposed 21
transferee under the environmental authority comply 22
with the criteria prescribed under section 15174 for that 23
type of environmental authority to be a code compliant 24
authority; and 25
(b) the proposed transferee can, in carrying out the mining 26
activities, comply with the relevant standard 27
environmental conditions for the environmental 28
authority. 29
73 Section 148 (Types of environmental authority (mining activities)
74 Section 151 (What is a level 1 mining project and a level 2 mining project)
s 103 120 s 106
Environmental Protection and Other Legislation
Amendment Bill 2004
1
Note--
2
A subsequent failure to comply with any of the standard
3
environmental conditions may result in the commission of an
4
offence or in action to amend, suspend or cancel the
5
environmental authority. See sections 165, 292(2)(a), 293(2)(a)
and 480(4).75'. 6
Clause 103 Amendment of s 262 (Deciding application) 7
Section 262(2)(b), `relevant standard environmental 8
conditions'-- 9
omit, insert-- 10
`conditions of the environmental authority'. 11
Clause 104 Amendment of s 265 (Effect of plan of operations and 12
environmental management documents after transfer) 13
Section 265, from `The' to `operations'-- 14
omit, insert-- 15
`Any submitted EM plan or plan of operations'. 16
Clause 105 Amendment of s 274 (Content requirements for report) 17
Section 274(b), `relevant environmental management 18
document'-- 19
omit, insert-- 20
`submitted EM plan for the environmental authority (mining 21
activities)'. 22
Clause 106 Amendment of s 280 (Administering authority may 23
require environmental audit) 24
Section 280(1)(a), example 2, `relevant environmental 25
management documents'-- 26
75 Sections 165 (Conditions of code compliant authority), 292 (Other amendments),
293 (Conditions for cancellation or suspension) and 480 (False, misleading or
incomplete documents)
s 107 121 s 109
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`any submitted EM plan for the environmental authority'. 2
Clause 107 Omission of s 291 (Other amendments--standard 3
authorities) 4
Section 291-- 5
omit. 6
Clause 108 Amendment of s 292 (Other amendments--non-standard 7
authorities) 8
(1) Section 292, heading-- 9
omit, insert-- 10
`292 Other amendments'. 11
(2) Section 292(1) `a non-standard'-- 12
omit, insert-- 13
`an'. 14
(3) Section 292(2)(b), `representation or declaration'-- 15
omit, insert-- 16
`certificate, declaration or representation'. 17
(4) Section 292(2)(l), example, `EMOS'-- 18
omit, insert-- 19
`submitted EM plan'. 20
(5) Section 292(3), `an environmental management document or 21
plan of operations'-- 22
omit, insert-- 23
`any submitted EM plan or plan or operations for the 24
environmental authority'. 25
Clause 109 Amendment of s 293 (Conditions) 26
(1) Section 293, heading-- 27
s 110 122 s 111
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`293 Conditions for cancellation or suspension'. 2
(2) Section 293(2)(a), from `issued' to `declaration'-- 3
omit, insert-- 4
`issued or has been transferred because of a materially false or 5
misleading certificate, declaration or representation'. 6
Clause 110 Amendment of s 302 (Requirement to seek advice from 7
MRA chief executive) 8
Section 302(1)(c) and (d)-- 9
omit, insert-- 10
`(c) make another decision under this part about a non-code 11
compliant application or a non-code compliant authority 12
for a level 1 mining project, to which decision the 13
applicant or authority holder has not agreed to in 14
writing.'. 15
Clause 111 Insertion of new ch 5, pt 13, div 1A 16
Chapter 5, part 13-- 17
insert-- 18
`Division 1A Transfer of interest in an application 19
for or to transfer environmental 20
authority (mining activities) 21
`302A Amending application to change applicant 22
`(1) This section applies to an application for, or to transfer, an 23
environmental authority (mining activities) if the application 24
has not been decided. 25
`(2) The applicant may, by written notice to the administering 26
authority, amend the application to change the name of the 27
applicant. 28
`(3) The notice must be signed by each person who is currently an 29
applicant for the application and each person (a revised 30
s 112 123 s 115
Environmental Protection and Other Legislation
Amendment Bill 2004
applicant) who, after the giving of the notice, will be an 1
applicant for the application. 2
`(4) Any step taken under this chapter in relation to the application 3
before the giving of the notice is taken to have been made as if 4
the step had been taken in relation to each revised applicant. 5
`(5) Otherwise, the amendment does not affect the requirements 6
under this Act for the making and deciding of the 7
application.'. 8
Clause 112 Omission of ch 6, pt 1 (Integrated authorities) 9
Chapter 6, part 1-- 10
omit. 11
Clause 113 Omission of ch 6, pt 2, hdg (Miscellaneous provisions) 12
Chapter 6, part 2, heading-- 13
omit. 14
Clause 114 Amendment of s 318A (Changing anniversary day) 15
Section 318A(8)-- 16
omit. 17
Clause 115 Amendment of s 364 (When financial assurance may 18
be required) 19
(1) Section 364(1) and (2)(a), `environmental authority, other 20
than a level 2 approval,'-- 21
omit, insert-- 22
`environmental authority (mining activities)'. 23
(2) Section 364(1)(a), from `any conditions'-- 24
omit, insert-- 25
s 116 124 s 116
Environmental Protection and Other Legislation
Amendment Bill 2004
`any conditions of the program or plan;76 and'. 1
(3) Section 364(4) and (5)-- 2
renumber as section 364(6) and (7). 3
(4) Section 364-- 4
insert-- 5
`(4) The administering authority may decide the amount by 6
reference to a guideline or other publicly available document. 7
`(5) The form of the financial assurance may require the amount of 8
the financial assurance to be changed in stated circumstances, 9
without having to amend the environmental authority, 10
environmental management program or site management plan 11
to provide for the change.'. 12
(5) Section 364(6), as renumbered, `However'-- 13
omit, insert-- 14
`Despite subsections (3) to (5)'. 15
(6) Section 364(6), as renumbered, `environmental harm being 16
caused by the activity'-- 17
omit, insert-- 18
`environmental harm that may be caused by the activity'. 19
(7) Section 364-- 20
insert-- 21
`(8) In this section-- 22
costs and expenses includes monitoring and maintenance 23
costs and expenses.'. 24
Clause 116 Amendment of s 365 (Person may show cause why 25
financial assurance should not be required) 26
(1) Section 365, heading, after `required'-- 27
insert-- 28
76 For environmental authorities, see section 317 (Reference to environmental
authority includes its conditions).
s 117 125 s 118
Environmental Protection and Other Legislation
Amendment Bill 2004
`for environmental management program or site management 1
plan'. 2
(2) Section 365(1), from `an environmental authority' to `level 2 3
approval, or'-- 4
omit, insert-- 5
`a'. 6
(3) Section 365(1), `authority or'-- 7
omit. 8
(4) Section 365(2)(c), `environmental authority or'-- 9
omit. 10
(5) Section 365(4)(b), `issues the environmental authority or'-- 11
omit. 12
Clause 117 Amendment of s 367 (Claims on financial assurances) 13
Section 367(8)-- 14
insert-- 15
`financial assurance means-- 16
(a) financial assurance for an environmental authority 17
(petroleum activities), given under chapter 4A, part 7; or 18
(b) any other financial assurance given under a condition 19
imposed under section 364.'. 20
Clause 118 Amendment of s 426 (Environmental authority required 21
for mining or petroleum activity) 22
(1) Section 426(1)(a) and (b)-- 23
omit, insert-- 24
`(a) if the activity is a mining activity--a non-code 25
compliant authority under chapter 5 for the level 1 26
mining project of which the mining activity is part; or 27
(b) if the activity is a level 1 petroleum activity--an 28
environmental authority (petroleum activities) for the 29
petroleum activity.'. 30
s 119 126 s 121
Environmental Protection and Other Legislation
Amendment Bill 2004
(2) Section 426(2)(a) and (b)-- 1
omit, insert-- 2
`(a) if the activity is a mining activity--a code compliant 3
authority or a non-code compliant authority under 4
chapter 5 for the level 2 mining project of which the 5
mining activity is part; or 6
`(b) if the activity is a level 2 petroleum activity--an 7
environmental authority (petroleum activities) for the 8
petroleum activity.'. 9
Clause 119 Omission of s 428 (New approval required for certain 10
activities if significant change) 11
Section 428-- 12
omit. 13
Clause 120 Amendment of s 429 (Special provisions for interstate 14
transporters of controlled waste) 15
Section 429(3), definition interstate licence, after 16
`environmental authority'-- 17
insert-- 18
`, a development approval for a chapter 4 activity or a 19
registration certificate' 20
Clause 121 Amendment of s 430 (Contravention of condition of 21
environmental authority) 22
(1) Section 430, penalties, paragraphs (a), from `for a licence' to 23
`(mining activities)'-- 24
omit, insert-- 25
`for an environmental authority (petroleum activities) for a 26
level 1 petroleum activity or for a non-code compliant 27
authority under chapter 5 for a level 1 mining project'. 28
(2) Section 430, penalties, paragraphs (b), from `for a level 2 29
approval' to `(mining activities)'-- 30
s 122 127 s 123
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`for an environmental authority (petroleum activities) for a 2
level 2 petroleum activity or for a code compliant authority or 3
a non-code compliant authority under chapter 4A for a level 2 4
mining project'. 5
Clause 122 Amendment of s 480 (False, misleading or incomplete 6
documents) 7
Section 480-- 8
insert-- 9
`(4) Without limiting subsection (1), a document is taken to be 10
false or misleading if-- 11
(a) it includes a certification under section 90(c) or 132(2)77 12
and the code compliance condition for the code 13
compliant authority for which the certification was 14
given is not complied with; or 15
(b) it is a certification under section 154(1)(c)(ii), 260A 16
or 603A(c)78 and a standard environmental condition for 17
the code compliant authority which the certification 18
relates to is not complied with. 19
`(5) However, subsection (4) does not apply if the person shows 20
that when the certification was made the person had 21
reasonable grounds to believe that the person could comply 22
with the condition.'. 23
Clause 123 Amendment of s 495 (Proceedings for indictable 24
offences) 25
Section 495(4)-- 26
omit, insert-- 27
77 Section 90 (Requirements for application) or 132 (Additional requirement for
transfer application for code compliant authority if no amendment application
made)
78 Section 154 (General requirements for application), 260A (Additional requirement
for transfer application for code compliant authority if no amendment application
made) or 603A (Requirements for conversion application)
s 124 128 s 126
Environmental Protection and Other Legislation
Amendment Bill 2004
`(4) The maximum penalty of imprisonment that may be 1
summarily imposed for an indictable offence is 1 year's 2
imprisonment.'. 3
Clause 124 Amendment of s 520 (Dissatisfied person) 4
(1) Section 520(1)(d)-- 5
omit. 6
(2) Section 520(1)(ba) and (c)-- 7
renumber as section 520(1)(c) and (d). 8
(3) Section 520(2)(a)-- 9
omit, insert-- 10
`(a) an application for an environmental authority 11
(petroleum activities) for a level 1 petroleum activity; 12
or'. 13
(4) Section 520(2)(b), `chapter 4A, part 3'-- 14
omit, insert-- 15
`chapter 4A'. 16
Clause 125 Amendment of s 529 (Decision for appeals against 17
refusals under s 207) 18
Section 529(1), `a non-standard application'-- 19
omit, insert-- 20
`an application'. 21
Clause 126 Amendment of s 540 (Required registers) 22
(1) Section 540(1)(d), after `environmental authorities'-- 23
insert-- 24
`(petroleum activities)'. 25
(2) Section 540(1)(d)(iii)-- 26
omit, insert-- 27
`(iii) FRR assessment reports;'. 28
s 127 129 s 128
Environmental Protection and Other Legislation
Amendment Bill 2004
(3) Section 540(1)(e)(ii), `environmental management 1
documents'-- 2
omit, insert-- 3
`EM plans'. 4
(4) Section 540(1)(e)(iii), `and EMOS assessment reports'-- 5
omit. 6
Clause 127 Amendment of s 549 (Minister may approve standard 7
environmental conditions) 8
Section 549(1), after `activity'-- 9
insert-- 10
`or the giving of financial assurance as security for-- 11
(a) compliance with the relevant environmental authority; 12
and 13
(b) costs or expenses, or likely costs or expenses, mentioned 14
in section 367.79'. 15
Clause 128 Replacement of ss 550 and 550A 16
Sections 550 and 550A-- 17
omit, insert-- 18
`550 Effect of changes to standard environmental 19
conditions 20
`If-- 21
(a) there are standard environmental conditions 22
(the existing conditions) for a chapter 4 activity or 23
environmentally relevant activity; and 24
(b) under section 549, a change is approved to the existing 25
conditions; 26
79 Section 367 (Claims on financial assurance)
s 129 130 s 129
Environmental Protection and Other Legislation
Amendment Bill 2004
despite the change, the existing conditions continue to apply 1
for the chapter 4 activity or environmentally relevant activity 2
until 1 year after the day the change is approved.80'. 3
Clause 129 Amendment of s 575 (Entry orders) 4
(1) Section 575(5), `an environmental requirement'-- 5
omit, insert-- 6
`the environmental requirement'. 7
(2) Section 575(7) to (9)-- 8
renumber as section 579(8) to (10). 9
(3) Section 575-- 10
insert-- 11
`(7) Unless the court otherwise orders, an entry order remains in 12
force until the environmental requirement is complied with.'. 13
(4) Section 575(8), as renumbered, after `must state'-- 14
insert-- 15
`each of'. 16
(5) Section 575(8)(d), as renumbered-- 17
omit, insert-- 18
`(d) if the court has made an order under 19
subsection (7)--when the entry order ends; 20
(e) if the court has not made an order under 21
subsection (7)--that the entry order remains in force 22
until the environmental requirement has been complied 23
with.'. 24
(6) Section 575(10), as renumbered, `subsection (8)'-- 25
omit, insert-- 26
`subsection (9)'. 27
80 For registered operators, see however section 333 (Voluntary submission of draft
program).
s 130 131 s 130
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 130 Replacement of s 579 (Compensation) 1
Section 579-- 2
omit, insert-- 3
`579 Compensation 4
`(1) This section applies if a person (the responsible person) who, 5
under this Act, must comply with an environmental 6
requirement, enters, or authorises someone else to enter, land 7
to which the requirement relates to comply with the 8
requirement. 9
`(2) Compensation is payable from the responsible person to any 10
owner or occupier of the land for any compensatable effect the 11
owner or occupier suffers because of-- 12
(a) the entry; or 13
(b) work conducted in relation to the land to comply, or 14
purport to comply, with the environmental requirement. 15
`(3) However, compensation is not payable under 16
subsection (2)(b) if the work was conducted by someone other 17
than the responsible person and the responsible person did not 18
authorise the other person to conduct the work. 19
`(4) The compensation may be claimed and ordered in a 20
proceeding brought in a court of competent jurisdiction, 21
including, for example, in an application under any of the 22
following provisions to which the responsible person and the 23
owner or occupier are parties-- 24
(a) the Mineral Resources Act, section 281 or 283B; 25
(b) the Petroleum Act 1923, section 79R; 26
(c) the P&G Act, section 533.81 27
`(5) A court may order the payment of the compensation only if it 28
is satisfied it is just to make the order in the circumstances of 29
the particular case. 30
81 Mineral Resources Act, section 281 (Determination of compensation by tribunal) or
283B (Review of compensation by tribunal)
Petroleum Act 1923, section 79R (Deciding compensation through tribunal)
P&G Act, section 533 (Deciding compensation through tribunal)
s 130 132 s 130
Environmental Protection and Other Legislation
Amendment Bill 2004
`(6) In this section-- 1
compensatable effect means all or any of the following in 2
relation to the land-- 3
(a) deprivation of possession of its surface; 4
(b) diminution of its value; 5
(c) diminution of the use made, or that may be made, of the 6
land or any improvement on it; 7
(d) severance of any part of the land from other parts of the 8
land or from other land that the owner or occupier owns; 9
(e) any other cost or loss arising from the work. 10
enter includes an entry with the consent of the owner or 11
occupier. 12
owner includes-- 13
(a) for land under the Land Act 1994 for which there are 14
trustees--the trustees; or 15
(b) for land held under a lease under the Local Government 16
(Aboriginal Lands) Act 1978, section 382--a relevant 17
local government; or 18
(c) for land under a lease from the State under the 19
Aborigines and Torres Strait Islanders (Land Holding) 20
Act 1985 that has been excised from land granted in trust 21
for Aboriginal or Torres Strait Islander purposes under 22
the Land Act--the trustees of the land; or 23
(d) for a conservation park or resources reserve under the 24
Nature Conservation Act 1992 (the NCA) for which 25
there are trustees-- 26
(i) if, under the NCA, the park or reserve has trustees 27
whose powers are not restricted--the trustees; or 28
(ii) otherwise--the chief executive of the department 29
in which the NCA is administered; or 30
(e) the State, for land that is any of the following-- 31
82 Local Government (Aboriginal Lands) Act 1978, section 3 (Grant of leases to
councils)
s 131 133 s 133
Environmental Protection and Other Legislation
Amendment Bill 2004
(i) unallocated State land; 1
(ii) a reserve under the Land Act for which there is no 2
trustee; 3
(iii) a national park, national park (Aboriginal land), 4
national park (scientific), national park (Torres 5
Strait Islander land), national park (recovery) or 6
forest reserve under the NCA; 7
(iv) a State forest or timber reserve under the Forestry 8
Act 1959; 9
(vi) a State controlled road under the Transport 10
Infrastructure Act 1994.'. 11
Clause 131 Amendment of s 584 (Definitions for pt 2) 12
(1) Section 584, definition conversion application-- 13
omit. 14
(2) Section 584-- 15
insert-- 16
`additional conditions see section 603(3). 17
conversion application see section 603(2).'. 18
Clause 132 Amendment of s 585 (What is a condition of a mining 19
tenement for div 2) 20
Section 585(4), definition planning document, 21
paragraph (d)(i), `EMOS'-- 22
omit, insert-- 23
`environmental management overview strategy'. 24
Clause 133 Replacement of s 593 (Transitional authority taken to be 25
non-standard) 26
Section 593-- 27
omit, insert-- 28
s 134 134 s 134
Environmental Protection and Other Legislation
Amendment Bill 2004
`593 Transitional authority taken to be non-code compliant 1
`A transitional authority is taken to be a non-code compliant 2
authority under chapter 5, issued for mining activities that are 3
level 1 environmentally relevant activities.'. 4
Clause 134 Replacement of s 603 (Conversion to standard authority 5
by application) 6
Section 603-- 7
omit, insert-- 8
`603 Application to convert transitional authority to 9
environmental authority for a level 2 mining project 10
`(1) This section applies despite chapter 5, part 8. 11
`(2) A transitional authority holder who holds each relevant 12
mining tenement may apply (a conversion application) to the 13
administering authority to convert the transitional authority to 14
either of the following under chapter 5-- 15
(a) a code compliant authority; 16
(b) a non-code compliant authority for a level 2 mining 17
project. 18
`(3) If the application is for a non-code compliant authority for a 19
level 2 mining project, it may also request that conditions 20
(additional conditions) other than the relevant standard 21
environmental conditions be imposed on the authority. 22
`603A Requirements for conversion application 23
`A conversion application must-- 24
(a) be in the approved form; and 25
(b) state the type of environmental authority (mining 26
activities) under section 603(2) to which the transitional 27
authority is proposed to be converted; and 28
s 134 135 s 134
Environmental Protection and Other Legislation
Amendment Bill 2004
(c) if the application is for a code compliant 1
authority--certify that all mining activities proposed to 2
be carried out under it comply with the criteria 3
prescribed under section 151(2)(a)83 for the stated type 4
of environmental authority to be a code compliant 5
authority under chapter 5; and 6
(d) if the application is for a non-code compliant authority 7
for a level 2 mining project--certify that the applicant 8
can, in carrying out the relevant mining activities for the 9
converted authority, comply with-- 10
(i) the relevant standard environmental conditions for 11
the stated type of environmental authority; or 12
(ii) the relevant standard environmental conditions and 13
any additional conditions requested; and 14
(e) be accompanied by the fee prescribed under a 15
regulation. 16
`603B Automatic conversion for particular applications 17
`(1) This section applies on the making of a conversion application 18
if it complies with section 603A. 19
`(2) If the application is for a code compliant authority, the 20
relevant transitional authority becomes a code compliant 21
authority under chapter 5. 22
`(3) If the application is for a non-code compliant authority for a 23
level 2 mining project and no additional conditions are 24
requested in the application, the relevant transitional authority 25
becomes a non-code compliant authority for a level 2 mining 26
project. 27
`603C Deciding application if additional conditions 28
requested 29
`(1) This section applies if the conversion application is for a 30
non-code compliant authority for a level 2 mining project and 31
additional conditions are requested in the application. 32
83 Section 151 (What is a level 1 mining project and a level 2 mining project)
s 135 136 s 135
Environmental Protection and Other Legislation
Amendment Bill 2004
`(2) The administering authority must, within 10 business days 1
after it receives the application, decide whether-- 2
(a) to grant the application; and 3
(b) if it decides to grant--to impose the additional 4
conditions. 5
`(3) However, an additional condition may be imposed only if the 6
administering authority considers-- 7
(a) the condition is necessary or desirable; and 8
(b) that, if the condition is imposed, the proposed non-code 9
compliant authority would still be for a level 2 mining 10
project. 11
`(4) In making the decisions, the administering authority must 12
consider the criteria mentioned in section 173(2). 13
`(5) On, the granting of the application, the relevant transitional 14
authority is taken to be a non-code compliant authority for a 15
level 2 mining project. 16
`(6) If additional conditions are imposed on the non-code 17
compliant authority, the administering authority must, within 18
10 business days after the granting of the application-- 19
(a) amend the non-code compliant authority to include the 20
conditions; and 21
(b) record particulars of the amendment in the appropriate 22
register; and 23
(c) give the applicant a copy of the amended non-code 24
compliant authority.'. 25
Clause 135 Amendment of ch 13, pt 2, div 4, sdiv 4, hdg (Environment 26
management document requirements) 27
Chapter 13, part 2, division 4, subdivision 4, heading, 28
`document'-- 29
omit, insert-- 30
`plan'. 31
s 136 137 s 138
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 136 Amendment of s 608 (Environmental management 1
document may be required) 2
(1) Section 608, heading, `document'-- 3
omit, insert-- 4
`plan'. 5
(2) Section 608(2), from `submit to it'-- 6
omit, insert-- 7
`submit an environmental management plan to it.'. 8
(3) Section 608(4)-- 9
omit, insert-- 10
`(4) An environmental management plan submitted under this 11
section is taken to be the submitted EM plan for the 12
transitional authority.'. 13
Clause 137 Omission of s 622 (Effect of commencement on particular 14
integrated authorities) 15
Section 622-- 16
omit. 17
Clause 138 Insertion of new ch 13, pt 7 18
After section 634-- 19
insert-- 20
`Part 7 Transitional provisions for 21
Environmental Protection and 22
Other Legislation Amendment 23
Act 2004 24
`Division 1 Preliminary 25
s 138 138 s 138
Environmental Protection and Other Legislation
Amendment Bill 2004
`635 Definitions for pt 7 1
`In this part-- 2
commencement means the commencement of the 3
Environmental Protection and Other Legislation Amendment 4
Act 2004, section 32.84 5
existing Act means this Act as in force immediately before the 6
commencement. 7
new chapter 4A means chapter 4A immediately after the 8
commencement. 9
old chapter 4A means chapter 4A under the existing Act. 10
`Division 2 Provisions for former integrated 11
authorities 12
`636 Application of div 2 13
`This division applies to the constituent parts of an integrated 14
authority that, under the existing Act, were in force 15
immediately before the commencement. 16
`637 Continuing status of each constituent part as an 17
environmental authority 18
`(1) This section-- 19
(a) applies despite the repeal of former chapter 6, part 1;85 20
and 21
(b) is subject to section 638. 22
`(2) From the commencement, each of the constituent parts 23
continues to be an environmental authority of the type stated 24
in the integrated authority. 25
84 Environmental Protection and Other Legislation Amendment Act 2004, section 32
(Replacement of ch 4A (Environmental authorities for petroleum activities))
85 Former chapter 6, part 1 (Integrated authorities)
s 138 139 s 138
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) The repeal does not change the anniversary days of the 1
environmental authorities. 2
`(4) The relevant provisions of new chapter 4A or chapter 5 and 3
chapter 6 apply to the environmental authorities. 4
`638 Re-issuing of environmental authorities if they do 5
not form a single mining or petroleum project 6
`(1) The administering authority may, at any time after the 7
commencement, decide whether the constituent parts together 8
form a single mining or petroleum project. 9
`(2) If the administering authority decides the constituent parts are 10
for different mining or petroleum projects, it may-- 11
(a) cancel the constituent parts as environmental 12
authorities; and 13
(b) issue to the former holder of the cancelled constituent 14
parts new environmental authorities (mining activities) 15
or environmental authorities (petroleum activities) for 16
each of the different mining or petroleum projects. 17
`(3) The conditions of each of the new environmental authorities 18
must be the conditions of the cancelled constituent parts that 19
applied to the mining or petroleum project the subject of the 20
new environmental authority, subject to any necessary 21
changes. 22
`Division 3 Other provisions 23
`639 Environmental authorities under old chapter 4A 24
`(1) A licence, other than a provisional licence, under old 25
chapter 4A in force immediately before the commencement 26
is, on the commencement, taken to be a non-code compliant 27
authority under new chapter 4A for a level 1 petroleum 28
activity. 29
`(2) On the commencement, a provisional licence under old 30
chapter 4A ceases to be an environmental authority. 31
s 139 140 s 139
Environmental Protection and Other Legislation
Amendment Bill 2004
`(3) A level 2 approval under old chapter 4A in force immediately 1
before the commencement is, on the commencement, taken to 2
be a non-code compliant authority under new chapter 4A, for 3
a level 2 petroleum activity. 4
`640 Applications in progress under old chapter 4A 5
`(1) An environmental authority application under old chapter 4A 6
that, immediately before the commencement, had not been 7
decided is taken to be an application-- 8
(a) if it is for a level 2 petroleum activity--under new 9
chapter 4A, part 2, division 3, subdivision 2; or 10
(b) if it is for a level 1 petroleum activity--under new 11
chapter 4A, part 2, division 4.86 12
`(2) An amendment, surrender or transfer application under old 13
chapter 4A that, immediately before the commencement had 14
not been decided is, on the commencement, taken to be the 15
corresponding type of application under new chapter 4A. 16
`641 Existing environmental management documents 17
`The current environmental management plan or current 18
EMOS under the existing Act for, or for an application for, an 19
environmental authority (mining activities), is on the 20
commencement taken to be the submitted EM plan for the 21
environmental authority or application.87'. 22
Clause 139 Amendment of sch 1 (Original decisions) 23
(1) Schedule 1, part 1, division 2, entry for section 207(1), `(for a 24
non-standard application only)'-- 25
omit. 26
86 New chapter 4A, part 2, division 3, subdivision 2 (Non code compliant authorities)
and division 4 (Level 1 petroleum activities)
87 See the existing Act, sections 187 (Environmental management plan required),
201 (EMOS required) and 253 (Previous environmental management document may
be amended).
s 139 141 s 139
Environmental Protection and Other Legislation
Amendment Bill 2004
(2) Schedule 1, part 1, divisions 2 to 4-- 1
renumber as schedule 1, part 1, divisions 3 to 5. 2
(3) Schedule 1, part 1-- 3
insert-- 4
`Division 2 Decisions under chapter 4A 5
Section Description of decision
96 Refusal of application for environmental authority
(petroleum activities) for level 2 petroleum activity
98 Imposition of condition of environmental authority
(petroleum activities) for level 2 petroleum activity,
other than a condition that is the same, or is to the same
effect, as a condition agreed to or requested by the
applicant
109(1) and (2) Decision not to allow application to proceed
109(3)(b) Fixing of new notice period or submission period
112 Grant or refusal of application for environmental
authority (petroleum activities) for level 1 petroleum
activity
114 Imposition of condition of environmental authority
(petroleum activities) for level 1 petroleum activity,
other than a condition that is the same, or is to the same
effect, as a condition agreed to or requested by the
applicant
122(1) Decision to make public notice requirement for
amendment application
124 Refusal of amendment application
124(2) Decision to grant an amendment application subject to
the applicant's written agreement to the administering
authority amending the environmental authority in a
stated way
134 Refusal of transfer
s 140 142 s 140
Environmental Protection and Other Legislation
Amendment Bill 2004
Section Description of decision
140(2) Decision to give surrender notice
140(2) Fixing of period for compliance with surrender notice
145A Refusal of surrender
145J(1) Proposed action decision
145O(2) Decision to require the giving of financial assurance'.
(4) Schedule 1, part 2, division 1C-- 1
omit. 2
(5) Schedule 1, part 2, division 3, entries for section 311(5)(a) 3
and 311(5)(b)-- 4
omit. 5
(6) Schedule 1, part 2, divisions 1A to 6-- 6
renumber as schedule 1, part 2, divisions 1 to 8. 7
Clause 140 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definitions, additional condition, application 9
requirements, approval, assessment level decision, constituent 10
part, EMOS, EMOS amendment notice, EMOS assessment 11
report, EM plan assessment report, environmental 12
management document, environmental management plan, 13
final rehabilitation report, FRR assessment report, IEMS 14
submission, integrated authority, integrated authority 15
application, joint applicants, joint application, level 1 16
environmentally relevant activity, level 2 approval, level 2 17
environmentally relevant activity, licence, licensed place, 18
missing information, non-standard application, non-standard 19
environmental authority (mining activities), petroleum 20
activity, proposed transferee, provisional licence, public 21
notice requirement, standard application, standard mining 22
activity and submitted EMOS-- 23
omit. 24
(2) Schedule 3-- 25
s 140 143 s 140
Environmental Protection and Other Legislation
Amendment Bill 2004
insert-- 1
`additional condition, for chapter 5, part 3, division 2, see 2
section 170(1). 3
application requirements, for chapter 5, see section 154(3). 4
assessment level decision, for chapter 5, part 8, means-- 5
(a) generally--the assessment level decision under 6
section 246(1)(a) and (3); but 7
(b) if, under section 247(2), the EPA Minister has made the 8
assessment level decision--that decision. 9
code compliance condition, for chapter 4A, see section 93(1). 10
code compliant application, for chapter 5, see section 154(4). 11
code compliant authority for-- 12
(a) chapter 4A--see section 75(2); or 13
(b) chapter 5--see section 148(3). 14
EM plan assessment report for-- 15
(a) chapter 5, part 5, see section 191(1); or 16
(b) chapter 5, part 6, see section 205(2). 17
environmental authority (petroleum activities) see 18
section 74(2). 19
environmental management plan, for-- 20
(a) chapter 3, part 1--see section 39; or 21
(b) chapter 4A--means an environmental management plan 22
under section 103; or 23
(c) chapter 5-- 24
(i) for, or for an application for, an environmental 25
authority (exploration) or environmental authority 26
(mineral development)--means a submitted EM 27
plan under section 189; or 28
(ii) for, or for an application for, an environmental 29
authority (mining lease)--means a submitted EM 30
plan under section 203. 31
s 140 144 s 140
Environmental Protection and Other Legislation
Amendment Bill 2004
final rehabilitation report means-- 1
(a) for chapter 4A--a final rehabilitation report prepared 2
under chapter 4A, part 5, division 3; or 3
(b) for chapter 5--a final rehabilitation report prepared 4
under chapter 5, part 10, division 2, subdivision 2. 5
financial assurance, for an environmental authority 6
(petroleum activities) means financial assurance for the 7
authority given under chapter 4A, part 7. 8
FRR assessment report, for-- 9
(a) chapter 4A--see section 145; or 10
(b) chapter 5--see section 276. 11
joint applicants for-- 12
(a) chapter 4A--see section 85; or 13
(b) chapter 5--see section 157. 14
joint application for-- 15
(a) chapter 4A--see section 86(1); or 16
(b) chapter 5--see section 158(1). 17
level 1 environmentally relevant activity means a level 1 18
environmentally relevant activity under section 20. 19
level 2 environmentally relevant activity means a level 2 20
environmentally relevant activity under section 20. 21
level 1 petroleum activity see section 77(2). 22
level 2 petroleum activity see section 77(3). 23
level 1 mining project see section 151(1). 24
level 2 mining project see section 151(2). 25
non-code compliant application, for chapter 5, see 26
section 154(5). 27
non-code compliant authority for-- 28
(a) chapter 4A--see section 75(4); or 29
(b) chapter 5--see section 154(5). 30
P&G Act see section 76(2). 31
s 140 145 s 140
Environmental Protection and Other Legislation
Amendment Bill 2004
petroleum activity see section 77(1). 1
petroleum authority see section 76(1). 2
petroleum legislation see section 76(3). 3
petroleum project see section 80. 4
public notice requirement, for chapter 4A, see section 122(1). 5
relevant petroleum activity see section 79. 6
relevant petroleum authority see section 78. 7
relevant place, for chapter 4A, part 2, see section 81. 8
submitted EM plan-- 9
1 The submitted EM plan for, or for an application for, an 10
environmental authority (exploration) or environmental 11
authority (mineral development) is the environment 12
management plan for the authority submitted under 13
section 187, as amended from time under section 190, 14
253 or 258A. 15
2 The submitted EM plan for, or for an application for, an 16
environmental authority (mining lease) is the 17
environment management plan for the authority 18
submitted under section 201, as amended from time 19
under section 204, 253 or 258A.'. 20
(3) Schedule 3, definition amendment application, 21
paragraph (a)-- 22
omit, insert-- 23
`(a) chapter 4A--see section 118.'. 24
(4) Schedule 3, definition anniversary day, for an environmental 25
authority, item 2-- 26
omit. 27
(5) Schedule 3, definition anniversary day, for an environmental 28
authority, items 3 and 4-- 29
renumber as items 2 and 3. 30
(6) Schedule 3, definition applicants, paragraph (a)-- 31
omit, insert-- 32
s 140 146 s 140
Environmental Protection and Other Legislation
Amendment Bill 2004
`(a) for chapter 4A, part 4--see section 130(b); or'. 1
(7) Schedule 3, definition application notice, paragraph (b), first 2
occurrence-- 3
omit, insert-- 4
`(a) chapter 4A, part 2, division 4--see section 106(1); or.'. 5
(8) Schedule 3, definition correction, paragraph (a)-- 6
omit, insert-- 7
`(a) for chapter 4A, part 6--see section 145D; or'. 8
(9) Schedule 3, definition environmental protection commitment, 9
`an environmental management document'-- 10
omit, insert-- 11
`a submitted EM plan'. 12
(10) Schedule 3, definition environmental protection commitment, 13
paragraphs (a) and (b), `document'-- 14
omit, insert-- 15
`plan'. 16
(11) Schedule 3, definition environmental requirement-- 17
insert-- 18
`(d) a condition of an environmental authority that has ended 19
or ceased to have effect, if the condition-- 20
(i) continues to apply after the authority has ended or 21
ceased to have effect; and 22
(ii) has not been complied with.88'. 23
(12) Schedule 3, definition person, paragraph (b)-- 24
omit, insert-- 25
`(b) chapter 4A, part 2--see section 81.'. 26
(13) Schedule 3, definition properly made submission, 27
paragraph (b)-- 28
88 See sections 98 and 114 (Conditions that may and must be imposed) and 305(3)
(Conditions that may be made) and schedule 3, definition conditions.
s 141 147 s 141
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`(b) chapter 4A, part 2, division 4--see section 111(2).'. 2
(14) Schedule 3, definition proposed action, paragraph (b)-- 3
omit, insert-- 4
`(b) for chapter 4A, part 6, division 2--see 5
section 145H(1)(a); or'. 6
(15) Schedule 3, definition proposed action decision, 7
paragraph (b)-- 8
omit, insert-- 9
`(b) chapter 4A, part 6, division 2--see section 145J(2).'. 10
(16) Schedule 3, definition submission period, paragraph (b)-- 11
omit, insert-- 12
`(b) chapter 4A, part 2--see section 81. 13
(17) Schedule 3, definition surrender application, paragraph (a)-- 14
omit, insert-- 15
`(a) chapter 4A--see section 137(1)(a); or'. 16
(18) Schedule 3, definition surrender notice, paragraph (a)-- 17
omit, insert-- 18
`(a) chapter 4A--see section 140(2); or'. 19
(19) Schedule 3, definition transfer application, paragraph (a)-- 20
omit, insert-- 21
`(a) chapter 4A--see section 129(1)(a); or'. 22
Part 4 Amendment of Integrated 23
Planning Act 1997 24
Clause 141 Act amended in pt 4 25
This part amends the Integrated Planning Act 1997. 26
s 142 148 s 143
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 142 Insertion of new ch 6, pt 5 1
After section 6.4.1-- 2
insert-- 3
`Part 5 Transitional provisions for 4
Environmental Protection and 5
Other Legislation Amendment 6
Act 2004 7
`6.5.1 When particular development approvals lapse 8
`(1) This section applies if during the currency period for a 9
development approval for a material change of use given after 10
30 March 1998-- 11
(a) a development permit for works associated with the 12
change of use takes, or took, effect; and 13
(b) the works are, or were, substantially started. 14
`(2) Despite section 3.5.21(1), the development approval for the 15
material change of use lapses on 30 March 2006 or at the end 16
of the currency period, whichever is the later. 17
`(3) However, the development approval does not lapse if the 18
change of use happens before 30 March 2006 or the end of the 19
currency period, whichever is the later. 20
`(4) Sections 3.5.22 and 3.5.23 continue to apply for the 21
development approval. 22
`(5) For subsection (1)-- 23
works associated with the change of use include works, 24
including, for example, demolishing, excavating or filling, 25
carried out to prepare premises for carrying out other works 26
associated with the material change of use.'. 27
Clause 143 Amendment of sch 8 (Assessable development and 28
self-assessable development) 29
(1) Schedule 8, part 1, table 4, item 5, `Operational work that 30
is'-- 31
s 144 149 s 146
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`Operational work, other than excluded work, that is'. 2
(2) Schedule 8, part 1, table 4, item 5(b)(ii), `, other than under an 3
allocation notice under the Coastal Protection and 4
Management Act 1995'-- 5
omit. 6
Clause 144 Amendment of sch 8A (Assessment manager for 7
development applications) 8
Schedule 8A, table 1, item 1-- 9
insert-- 10
`(e) operational work mentioned in schedule 8, part 1, 11
table 4, item 5(b)(vi).'. 12
Clause 145 Amendment of sch 9 (Development that is exempt from 13
assessment against a planning scheme) 14
(1) Schedule 9, table 4, item 3, `section 100'-- 15
omit, insert-- 16
`section 169'. 17
(2) Schedule 9, table 4, item 4, `section 150'-- 18
omit, insert-- 19
`section 260'. 20
Clause 146 Amendment of sch 10 (Dictionary) 21
Schedule 10-- 22
insert-- 23
`excluded work-- 24
1 Excluded work, for schedule 8, part 1, table 4, item 5, 25
means maintenance work on a lawful work. 26
2 Excluded work, for schedule 8, part 1, table 4, 27
item 5(b)(i), (iii) and (ix), also means-- 28
s 147 150 s 148
Environmental Protection and Other Legislation
Amendment Bill 2004
(a) minor work that-- 1
(i) has insignificant impact on coastal 2
management; and 3
(ii) is reversible or expendable; or 4
(b) work for which an exemption certificate under the 5
Coastal Protection and Management Act 1995 has 6
been issued. 7
3 Excluded work does not include work to which 8
section 4.3.6 applies.'. 9
Part 5 Amendment of Land and 10
Resources Tribunal Act 1999 11
Clause 147 Act amended in pt 5 12
This part amends the Land and Resources Tribunal Act 1999. 13
Clause 148 Amendment of sch 1 (Requirements for constituting 14
tribunal) 15
Schedule 1-- 16
insert-- 17
`Environmental Protection Act 1994 18
`For all matters within the tribunal's jurisdiction, the tribunal 19
is to be constituted by a presiding member.'. 20
s 149 151 s 151
Environmental Protection and Other Legislation
Amendment Bill 2004
Part 6 Amendment of Marine Parks 1
Act 1982 2
Clause 149 Act amended in pt 6 3
This part amends the Marine Parks Act 1982. 4
Clause 150 Amendment of s 22 (Revocation of marine parks) 5
Section 22(2), `14 sitting days' notice'-- 6
omit, insert-- 7
`28 days notice'. 8
Clause 151 Insertion of new s 22A 9
After section 22-- 10
insert-- 11
`22A Publication of revocation notice 12
`(1) Within 10 days after the notice of motion mentioned in 13
section 22(2) is given, the chief executive must publish notice 14
of the proposed revocation (the revocation notice) in-- 15
(a) a newspaper circulating in the locality of the marine 16
park; and 17
(b) a newspaper circulating throughout the State. 18
`(2) The revocation notice must state-- 19
(a) the marine park's name; and 20
(b) whether all or part of the park is to be revoked; and 21
(c) if only part of the park is proposed to be revoked--a 22
description, by map or otherwise, of the part of the park 23
proposed to be revoked.'. 24
s 152 152 s 153
Environmental Protection and Other Legislation
Amendment Bill 2004
Part 7 Amendment of Meaker Trust 1
(Raine Island Research) 2
Act 1981 3
Clause 152 Act amended in pt 7 4
This part amends the Meaker Trust (Raine Island Research) 5
Act 1981. 6
Clause 153 Insertion of new pt 6 7
After section 41-- 8
insert-- 9
`Part 6 Expiry of Act 10
`42 Expiry of Act 11
`This Act expires on the day the Environmental Protection 12
and Other Legislation Amendment Act 2004, section 152,89 13
commences. 14
`43 Transfer of corporation's assets and liabilities on 15
expiry day 16
`(1) At the beginning of the day this Act expires under 17
section 42-- 18
(a) all of the assets of the corporation become assets of 19
Australian Rainforest Foundation A.C.N. 073 434 563; 20
and 21
(b) all of the liabilities of the corporation become liabilities 22
of the State. 23
`(2) In this section-- 24
assets includes assets held as trustee of the trust fund. 25
89 Environmental Protection and Other Legislation Amendment Act 2004, section 152
(Insertion of new pt 6)
s 154 153 s 155
Environmental Protection and Other Legislation
Amendment Bill 2004
liabilities includes liabilities incurred as trustee of the trust 1
fund. 2
trust fund means the trust fund under section 23.'. 3
Part 8 Amendment of Mineral 4
Resources Act 1989 5
Clause 154 Act amended in pt 8 6
This part amends the Mineral Resources Act 1989. 7
Clause 155 Amendment of s 64A (Issue of certificate of public notice) 8
Section 64A(1)(b)-- 9
omit, insert-- 10
`(b) either-- 11
(i) under the Environmental Protection Act, the 12
application for the relevant environmental 13
authority (mining claim) is a code compliant 14
application and the environmental authority has 15
been issued;90 or 16
(ii) under the Environmental Protection Act, the 17
application for the relevant environmental 18
authority (mining claim) is a non-code compliant 19
application and the draft environmental authority 20
for the non-code compliant application has, under 21
the Environmental Protection Act, section 175,91 22
been given to the mining registrar; and'. 23
90 See the Environmental Protection Act, section 164 (Automatic issuing of code
compliant authority if no relevant mining claim or mining lease).
91 Environmental Protection Act, section 175 (Obligation to prepare draft
environmental authority)
s 156 154 s 158
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 156 Amendment of s 252A (Issue of certificate of public 1
notice) 2
Section 252(1)(b)-- 3
omit, insert-- 4
`(b) either-- 5
(i) under the Environmental Protection Act, the 6
application for the relevant environmental 7
authority (mining lease) is a code compliant 8
application and the environmental authority has 9
been issued;92 or 10
(ii) under the Environmental Protection Act, the 11
application for the relevant environmental 12
authority (mining lease) is a non-code compliant 13
application and the draft environmental authority 14
for the non-code compliant application has, under 15
the Environmental Protection Act, section 208,93 16
been given to the mining registrar; and'. 17
Part 9 Amendment of Nature 18
Conservation Act 1992 19
Clause 157 Act amended in pt 9 20
This part amends the Nature Conservation Act 1992. 21
Clause 158 Replacement of s 3 (Crown bound) 22
Section 3-- 23
omit, insert-- 24
92 See the Environmental Protection Act, section 164 (Automatic issuing of code
compliant authority if no relevant mining claim or mining lease).
93 Environmental Protection Act, section 208 (Obligation to prepare draft
environmental authority)
s 159 155 s 163
Environmental Protection and Other Legislation
Amendment Bill 2004
`3 Act binds all persons 1
`(1) This Act binds all persons, including the State, and, to the 2
extent the legislative power of the Parliament permits, the 3
Commonwealth and the other States. 4
`(2) Nothing in this Act makes the Commonwealth, the State or 5
another State liable to be prosecuted for an offence.'. 6
Clause 159 Amendment of s 3A (Territorial application of Act) 7
Section 3A, `Queensland'-- 8
omit, insert-- 9
`the State'. 10
Clause 160 Amendment of s 5 (How object is to be achieved) 11
Section 5, `Queensland'-- 12
omit, insert-- 13
`the State'. 14
Clause 161 Amendment of s 29 (Dedication of protected areas) 15
Section 29(1), after `State land'-- 16
insert-- 17
`or a forest reserve that is subject to a lease under the Land Act 18
1994'. 19
Clause 162 Amendment of s 30 (Revocation of State forests and 20
timber reserves) 21
Section 30(2), `14 sitting days'-- 22
omit, insert-- 23
`28 days'. 24
Clause 163 Amendment of s 32 (Revocation of protected areas) 25
Section 32(2), `14 sitting days'-- 26
s 164 156 s 168
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`28 days'. 2
Clause 164 Amendment of s 33 (Amalgamation etc. of protected 3
areas) 4
Section 33(2), `14 sitting days'-- 5
omit, insert-- 6
`28 days'. 7
Clause 165 Amendment of s 53 (Proposal to declare World Heritage 8
management area) 9
Section 53(1), `Queensland'-- 10
omit, insert-- 11
`the State'. 12
Clause 166 Amendment of s 56 (Revocation of World Heritage 13
management area) 14
Section 56(2), `14 sitting days'-- 15
omit, insert-- 16
`28 days'. 17
Clause 167 Amendment of s 57 (Proposal to declare international 18
agreement area) 19
Section 57(1), `Queensland'-- 20
omit, insert-- 21
`the State'. 22
Clause 168 Amendment of s 70E (Revocation of forest reserves) 23
Section 70E(2), `14 sitting days'-- 24
omit, insert-- 25
`28 days'. 26
s 169 157 s 172
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 169 Amendment of s 74 (Management principles of 1
international wildlife) 2
Section 74(b), `Queensland'-- 3
omit, insert-- 4
`the State'. 5
Clause 170 Amendment of s 83 (Property in protected animals) 6
Section 83(1), `and sections 85 and 86'-- 7
omit, insert-- 8
`, sections 85 and 86 and the provisions of any captive 9
breeding agreement'. 10
Clause 171 Amendment of s 84 (Property in protected plants) 11
Section 84(1), `and section 86'-- 12
omit, insert-- 13
`, section 86 and the provisions of any captive breeding 14
agreement'. 15
Clause 172 Replacement of s 88 (Restriction on taking etc. protected 16
animals) 17
Section 88-- 18
omit, insert-- 19
`88 Restrictions on taking protected animal and keeping 20
or use of unlawfully taken protected animal 21
`(1) This section-- 22
(a) is subject to section 93; and 23
(b) does not apply to the taking of protected animals in a 24
protected area.94 25
94 Section 93 (Aborigines' and Torres Strait Islanders' rights to take etc. protected
wildlife)
For the taking of protected animals in protected areas, see section 62 (Restriction on
taking etc. of cultural and natural resources of protected areas).
s 172 158 s 172
Environmental Protection and Other Legislation
Amendment Bill 2004
`(2) A person must not take a protected animal unless the person is 1
an authorised person or the taking is authorised under this 2
Act. 3
Maximum penalty-- 4
(a) for a class 1 offence--3 000 penalty units or 2 years 5
imprisonment; or 6
(b) for a class 2 offence--1 000 penalty units or 1 year's 7
imprisonment; or 8
(c) for a class 3 offence--225 penalty units; or 9
(d) for a class 4 offence--100 penalty units. 10
`(3) It is a defence to a charge of taking a protected animal in 11
contravention of subsection (1) to prove that-- 12
(a) the taking happened in the course of a lawful activity 13
that was not directed towards the taking; and 14
(b) the taking could not have been reasonably avoided. 15
`(4) Subsection (3) does not allow a person to keep or use the 16
animal. 17
`(5) A person must not keep or use an animal that is either of the 18
following unless the person is an authorised person or the 19
keeping or use is authorised under this Act-- 20
(a) a protected animal if, at any time, it has been taken and 21
the taking was not authorised under this Act or a law of 22
another State; 23
(b) a descendant of an animal mentioned in paragraph (a). 24
Maximum penalty-- 25
(a) for a class 1 offence--3 000 penalty units or 2 years 26
imprisonment; or 27
(b) for a class 2 offence--1 000 penalty units or 1 year's 28
imprisonment; or 29
(c) for a class 3 offence--225 penalty units; or 30
(d) for a class 4 offence--100 penalty units. 31
`(6) In this section-- 32
s 172 159 s 172
Environmental Protection and Other Legislation
Amendment Bill 2004
authorised person means a person as follows performing 1
functions under this Act in relation to the protected animal-- 2
(a) the chief executive; 3
(b) a conservation officer, public service officer or other 4
employee of the department acting under the chief 5
executive's authority. 6
Class 1 offence means an offence against this section that 7
involves-- 8
(a) 1 or more animals that are presumed extinct or 9
endangered wildlife; or 10
(b) 5 or more animals that are vulnerable wildlife; or 11
(c) 10 or more animals that are rare wildlife; or 12
(d) 1 or more echidna, koala or platypus. 13
Class 2 offence means an offence against this section that is 14
not a class 1 offence and involves-- 15
(a) 3 or 4 animals that are vulnerable wildlife; or 16
(b) 4 or more, but no more than 9, animals that are rare 17
wildlife; or 18
(c) 10 or more animals that are common wildlife. 19
Class 3 offence means an offence against this section that is 20
not a class 1 or class 2 offence and involves-- 21
(a) 1 or 2 animals that are vulnerable wildlife; or 22
(b) 2 or 3 animals that are rare wildlife; or 23
(c) 5 or more, but less than 10, animals that are common 24
wildlife. 25
Class 4 offence means an offence against this section other 26
than a class 1, 2 or 3 offence. 27
`88A Restriction on keeping or use of lawfully taken 28
protected animal 29
`(1) Subject to section 93, a person, other than an authorised 30
person, must not keep or use a protected animal that is either 31
s 172 160 s 172
Environmental Protection and Other Legislation
Amendment Bill 2004
of the following unless the keeping or use is authorised under 1
this Act-- 2
(a) a protected animal, if the animal has, at any time, been 3
taken and the taking was authorised under this Act or a 4
law of another State; 5
(b) a descendant of an animal mentioned in paragraph (a). 6
Maximum penalty-- 7
(a) generally--1 000 penalty units; or 8
(b) if a circumstance mentioned in subsection (2) 9
applies--100 penalty units. 10
`(2) For subsection (1), the circumstances are that-- 11
(a) in the 12 months before the commission of the offence, 12
the person held a licence, permit or other authority 13
(the former authority) under this Act and-- 14
(i) the former authority is no longer in force; and 15
(ii) had the former authority still been in force, the 16
offence would not have been committed; and 17
(iii) the former authority ceased to be in force for a 18
reason other than its cancellation or suspension; 19
and 20
(iv) an application to renew the former authority has 21
not been refused; or 22
(b) the offence only relates to moving the animal. 23
`(3) In this section-- 24
authorised person means a person as follows performing 25
functions under this Act in relation to the protected animal-- 26
(a) the chief executive; 27
(b) a conservation officer, public service officer or other 28
employee of the department acting under the chief 29
executive's authority. 30
s 172 161 s 172
Environmental Protection and Other Legislation
Amendment Bill 2004
`88B Offence to keep or use native wildlife reasonably 1
suspected to have been unlawfully taken 2
`(1) A person must not keep or use native wildlife if a reasonable 3
person in the person's circumstances ought to have suspected 4
that the wildlife may have been unlawfully taken unless-- 5
(a) the person is an authorised person; or 6
(b) the State has, under this Act, disposed of the native 7
wildlife to the person.95 8
Maximum penalty-- 9
(a) if the wildlife ought to have been suspected to have been 10
taken in contravention of section 88(2), 89 or 9796--the 11
maximum penalty under that section that applies to an 12
unlawful taking of the wildlife; or 13
(b) if the wildlife ought to have been suspected to have been 14
taken in contravention of a law of another State--the 15
maximum penalty under that law that applies to the 16
unlawful taking of the wildlife. 17
`(2) If a person is charged with an offence against subsection (1), it 18
is a defence to the charge if the person satisfies the court that 19
the person had no reasonable grounds for suspecting the 20
wildlife was unlawfully taken. 21
`(3) In this section-- 22
authorised person means a person as follows performing 23
functions under this Act in relation to the native wildlife-- 24
(a) the chief executive; 25
(b) a conservation officer, public service officer or other 26
employee of the department acting under the chief 27
executive's authority. 28
95 See sections 171 (Disposal of cultural or natural resources and protected wildlife
owned by State) and 172 (Disposal of wildlife etc. not owned by State).
96 Section 88 (Restrictions on taking protected animal and keeping or use of
unlawfully taken protected animal), 89 (Restriction on taking etc. protected plants)
and 97 (Restriction on taking etc. of native wildlife in areas of major interest
and critical habitats)
s 173 162 s 173
Environmental Protection and Other Legislation
Amendment Bill 2004
unlawfully taken means taken in contravention of 1
section 88(2), 89 or 97 or of a law of another State.'. 2
Clause 173 Amendment of s 91 (Prohibition on release etc. of 3
international and prohibited wildlife) 4
(1) Section 91(1)-- 5
omit, insert-- 6
`(1) A person, other than an authorised person, must not, unless 7
authorised under this Act-- 8
(a) abandon or release international or prohibited wildlife 9
into the wild; or 10
(b) introduce international or prohibited wildlife into the 11
State; or 12
(c) keep or use international or prohibited wildlife that, in 13
contravention of paragraph (b), has been introduced into 14
the State. 15
Maximum penalty--3 000 penalty units or 2 years 16
imprisonment. 17
`(2) A person, other than an authorised person, must not otherwise 18
keep or use international or prohibited wildlife unless-- 19
(a) the wildlife is dead and, if the wildlife is international 20
wildlife, an approved tag is, under a regulation, attached 21
to the animal or the part of the animal that is being kept 22
or used; or 23
(b) the keeping or use is the keeping or use of milk obtained 24
from prohibited wildlife; or 25
(c) the keeping or use is otherwise authorised under this 26
Act. 27
Maximum penalty--100 penalty units.'. 28
(2) Section 91(2)-- 29
renumber as section 91(3). 30
s 174 163 s 176
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 174 Amendment of s 95 (Payment of conservation value) 1
Section 95(8)-- 2
insert-- 3
`(c) takes the wildlife under a captive breeding agreement 4
and pays the amount that the agreement provides must 5
be paid for the taking of the wildlife.'. 6
Clause 175 Replacement of pt 5, div 7, hdg (General) 7
Part 5, division 7, heading-- 8
omit, insert-- 9
`Division 7 Provisions for land-holders'. 10
Clause 176 Insertion of new pt 5, div 8 11
Part 5-- 12
insert-- 13
`Division 8 Captive breeding agreements and 14
captive breeding for conservation 15
`Subdivision 1 Preliminary 16
`100A Main purpose of div 8 and its achievement 17
`(1) The main purpose of this division is to facilitate the 18
conservation of native wildlife in the wild through captive 19
breeding programs and the introduction of captive-bred 20
wildlife into the wild. 21
`(2) The purpose is achieved by-- 22
(a) providing for agreements between the State and other 23
entities about captive breeding; and 24
(b) authorise the taking of protected wildlife in the wild for 25
use in captive breeding programs. 26
s 176 164 s 176
Environmental Protection and Other Legislation
Amendment Bill 2004
`Subdivision 2 Captive breeding agreements 1
`100B Minister's power to enter into captive breeding 2
agreement 3
`(1) The Minister may, for the State, enter into an agreement 4
(a captive breeding agreement) with someone else about 5
captive breeding of protected wildlife to-- 6
(a) reintroduce it into the wild, in the State or elsewhere; or 7
(b) otherwise ensure the survival in the wild of the protected 8
wildlife or another species of wildlife. 9
`(2) However, the agreement may provide for the reintroduction of 10
the protected wildlife only if the Minister is satisfied-- 11
(a) suitable habitat exists, or will exist, for the wildlife at 12
the place where it is to be released; and 13
(b) threatening processes for the wildlife or its habitat will 14
be minimised at the place. 15
`(3) The agreement may be made even though no conservation 16
plan or recovery plan has been made for the wildlife. 17
`(4) In this section-- 18
captive breeding, of protected wildlife, means doing, in the 19
State or elsewhere, any of the following for a purpose 20
mentioned in subsection (1)-- 21
(a) growing or propagating protected plants under 22
controlled conditions; 23
(b) breeding, hand-rearing or incubating protected animals 24
in captivity; 25
(c) removing eggs, sperm or other reproductive material 26
from protected wildlife in captivity or the wild for 27
embryo transfer, fertilisation, artificial insemination or 28
incubation. 29
protected wildlife includes wildlife that, under a law of 30
another State, is an equivalent (however called) of protected 31
wildlife as defined under this Act. 32
s 176 165 s 176
Environmental Protection and Other Legislation
Amendment Bill 2004
recovery plan, for wildlife, is a document stating what 1
research and management is necessary to stop the decline, 2
support the recovery, or enhance the chance of long-term 3
survival in the wild, of the wildlife. 4
5
Example--
6
a recovery plan made or adopted under the Environment Protection and
7
Biodiversity Act 1999 (Cwlth), section 269A97
reproductive material, of protected wildlife, means any part 8
of the wildlife that is capable of, or contributes to, asexual or 9
sexual reproduction. 10
11
Examples of reproductive material of a plant--
12
all or part of a bulb, rhizome, root, seed, stolon or tuber
`100C Things a captive breeding agreement may provide 13
for 14
`(1) A captive breeding agreement may do any of the following in 15
relation to protected wildlife to which the agreement 16
applies-- 17
(a) authorise, for this Act, a party to the agreement to-- 18
(i) take the wildlife in a protected or other area; or 19
(ii) keep or use the wildlife; 20
(b) provide for the passing of property rights in relation to 21
the wildlife to a party to the agreement. 22
`(2) However, the authorisation is subject to section 100E. 23
`(3) A captive breeding agreement may provide that wildlife that is 24
the property of the State is, under the agreement, to pass to 25
another party to the agreement. 26
`100D Required provisions for captive breeding agreement 27
`(1) A captive breeding agreement must state or provide for each 28
of the following-- 29
97 Environment Protection and Biodiversity Act 1999 (Cwlth), section 269A (Making
or adopting a recovery plan)
s 176 166 s 176
Environmental Protection and Other Legislation
Amendment Bill 2004
(a) the species of wildlife to which the agreement applies; 1
(b) how many of the wildlife are to be taken in the wild, 2
their sex and place of taking; 3
(c) whether the conservation value or a stated different 4
amount must be paid for any of the wildlife that, under 5
the agreement, is to be taken in the wild; 6
(d) arrangements to be made to distinguish the wildlife 7
from others of the same species; 8
(e) the taking of tissue samples of the wildlife for genetic 9
typing; 10
(f) where the wildlife are to be kept; 11
(g) requirements for keeping stud books and other records; 12
(h) arrangements to be made for releasing the wildlife or 13
their descendants or to dispose of any of the wildlife that 14
are no longer suitable for breeding or release; 15
(i) how the agreement may be enforced or terminated; 16
(j) any other matter prescribed under a regulation. 17
`(2) To remove any doubt, it is declared that subsection (1) does 18
not limit section 100B(1). 19
`100E Restriction on the taking, under a captive breeding 20
agreement, of wildlife in the wild 21
`A person who, under a captive breeding agreement, takes 22
wildlife in the wild must carry a copy of the agreement while 23
taking or moving the wildlife.98 24
Maximum penalty--50 penalty units. 25
`100F Additional provisions for termination of captive 26
breeding agreement 27
`(1) The Minister may, by written notice to each other party to a 28
captive breeding agreement, terminate the agreement if a 29
98 See also section 99 (Offence to trespass--general).
s 176 167 s 176
Environmental Protection and Other Legislation
Amendment Bill 2004
party to the agreement is convicted of an offence against 1
section 88, 88A or 89.99 2
`(2) A regulation may terminate a captive breeding agreement. 3
`(3) This section-- 4
(a) applies despite any provision of a captive breeding 5
agreement; and 6
(b) does not limit the ways in which a captive breeding 7
agreement may be terminated. 8
`100G Obligation to surrender protected wildlife on 9
termination of captive breeding agreement 10
`(1) If a captive breeding agreement is terminated, the chief 11
executive may give a written notice to any person who is, or 12
who appears to be, in charge of protected wildlife that, under 13
the agreement, is the property of the State, to surrender the 14
wildlife to the State. 15
`(2) The notice may be given even if the wildlife is being kept or 16
used at a place outside the State. 17
`(3) The person must comply with the notice. 18
Maximum penalty--1 000 penalty units. 19
`(4) This section does not limit-- 20
(a) section 88, 88A or 89; or 21
(b) the State's property in the wildlife; or 22
(c) a conservation officer's powers in relation to the 23
wildlife. 24
`Subdivision 3 Chief executive's power for captive 25
breeding 26
99 Section 88 (Restrictions on taking protected animal and keeping or use of
unlawfully taken protected animal), 88A (Restriction on keeping or use of lawfully
taken protected animal) or 89 (Restriction on taking etc. protected plants)
s 177 168 s 180
Environmental Protection and Other Legislation
Amendment Bill 2004
`100H Powers 1
`The chief executive may take, keep or use protected wildlife 2
for captive breeding or to give effect to a captive breeding 3
agreement.'. 4
Clause 177 Amendment of s 112 (Conservation plans) 5
Section 112(2)(c), `Queensland'-- 6
omit, insert-- 7
`the State'. 8
Clause 178 Amendment of s 133 (Chief executive to keep register) 9
(1) Section 133(1)(f) to (h)-- 10
renumber as section 133(1)(g) to (i). 11
(2) Section 133(1)-- 12
insert-- 13
`(f) captive breeding agreements that are in force; and'. 14
Clause 179 Amendment of s 135 (Chief executive may inquire into 15
applications) 16
(1) Section 135(2)(b), `or a Territory'-- 17
omit. 18
(2) Section 135(2)(b), `or Territory'-- 19
omit. 20
Clause 180 Insertion of new ss 152A and 152B 21
After section 152-- 22
insert-- 23
`152A General powers for seized things 24
`(1) Having, under this part, seized a thing, a conservation officer 25
may do 1 or more of the following-- 26
s 180 169 s 180
Environmental Protection and Other Legislation
Amendment Bill 2004
(a) move it from the place where it was seized (the place of 1
seizure); 2
(b) leave it at the place of seizure, but take reasonable action 3
to restrict access to it; 4
5
Examples of restricting access to a thing--
6
1 brand, mark, seal, tag or otherwise identify it to show access
7
to it is restricted
8
2 sealing the entrance to a room where the thing is situated
9
and marking it to show access to it is restricted
(c) for equipment--make it inoperable; 10
11
Example of making equipment inoperable--
12
dismantling equipment or removing a component of equipment
13
without which the equipment is not capable of being used
(d) for wildlife, 1 or more of the following as is appropriate 14
to ensure its survival-- 15
(i) take it to a place the conservation officer considers 16
appropriate; 17
(ii) give it accommodation, food, rest, water or other 18
appropriate living conditions; 19
(iii) if the conservation officer reasonably believes it 20
requires veterinary or other treatment--arrange for 21
the treatment; 22
(iv) leave it at the place of seizure and take any action 23
mentioned in subparagraphs (i) to (iii); 24
(v) if it is left at the place of seizure--give the person 25
from whom it was seized a direction to look after, 26
or continue to look after, the wildlife; 27
(vi) if the wildlife is left at the place of seizure and the 28
person from whom it was seized does not comply 29
with a direction under subparagraph (v)--take any 30
action mentioned in subparagraphs (i) to (iii); 31
`(2) If-- 32
(a) the seized thing is an animal left at the place of seizure; 33
and 34
s 181 170 s 181
Environmental Protection and Other Legislation
Amendment Bill 2004
(b) the person from whom it was seized is given a direction 1
under subsection (1)(d)(v); 2
for the Animal Care and Protection Act 2001, the person is 3
taken to be, or continue to be, the person in charge of the 4
animal. 5
`152B Offence to tamper with seized thing 6
`(1) This section applies in relation to a thing seized under this 7
part. 8
`(2) However, this section does not apply to a person from whom 9
an animal was seized if the person-- 10
(a) is complying with a direction under 11
section 152A(1)(d)(v); and 12
(b) does not, without the written authority of a conservation 13
officer, take the animal from the place where it was 14
seized. 15
`(3) A person, other than a conservation officer or a person 16
authorised by a conservation officer for the purpose, must not 17
do, or attempt to do, any of the following unless the person 18
has a reasonable excuse-- 19
(a) tamper with the thing or something done under 20
section 152A(1)(b) to restrict access to it; 21
(b) enter, or be at, the place where the thing is being kept; 22
(c) move the thing from the place where it is being kept; 23
(d) have the thing in the person's possession. 24
Maximum penalty--500 penalty units.'. 25
Clause 181 Amendment of s 160 (Evidentiary provisions) 26
(1) Section 160(5)(d), `indigenous to Australia or Queensland'-- 27
omit, insert-- 28
`indigenous to Australia or indigenous to the State'. 29
(2) Section 160-- 30
s 182 171 s 184
Environmental Protection and Other Legislation
Amendment Bill 2004
insert-- 1
`(7) In this section-- 2
indigenous to the State in relation to wildlife, means-- 3
(a) wildlife that was not originally introduced to the State 4
by human intervention (other than wildlife introduced 5
before the year 1600); or 6
(b) a migratory animal that periodically or occasionally 7
migrates to, or visits, the State; 8
but does not include wildlife that was introduced to another 9
part of Australia by human intervention after the year 1600 10
and later spread naturally to the State.'. 11
Clause 182 Amendment of s 164 (Indictable and summary offences) 12
Section 164-- 13
insert-- 14
`(3) To remove any doubt, it is declared that a class 2, 3 or 4 15
offence under section 88 is a summary offence.'. 16
Clause 183 Amendment of s 165 (Proceedings for indictable 17
offences) 18
Section 165(4)-- 19
omit, insert-- 20
`(4) The maximum penalty of imprisonment that may be 21
summarily imposed for an indictable offence is 1 year's 22
imprisonment.'. 23
Clause 184 Amendment of s 173A (Definitions for div 2) 24
Section 173A, definition nominated offence, after `88,'-- 25
insert-- 26
`88A,'. 27
s 185 172 s 185
Environmental Protection and Other Legislation
Amendment Bill 2004
Clause 185 Insertion of new ss 173P and 173Q 1
Part 11-- 2
insert-- 3
`173P Chief executive's general powers 4
`(1) The chief executive may do any thing the chief executive 5
reasonably considers is necessary to administer, or achieve the 6
object of, this Act,100 including, for example-- 7
(a) take, keep, use, or interfere with, any wildlife in a 8
protected or other area; or 9
(b) interfere with the cultural or natural resources of a 10
protected area or forest reserve. 11
`(2) To remove any doubt, it is declared that the chief executive 12
does not require a licence, permit or authority under this Act 13
to carry out an activity authorised under subsection (1). 14
`173Q Publication of notice for revocation under s 30, 32, 15
56 or 70E or particular amalgamations under s 33 16
`(1) This section applies for-- 17
(a) a revocation under section 30, 32, 56 or 70E; or 18
(b) an amalgamation under section 33 that involves a 19
change in the class, or the boundaries, of a protected 20
area. 21
`(2) Within 10 days after the notice of motion for the revocation or 22
amalgamation is given, the chief executive must publish 23
notice of the proposed revocation or amalgamation in-- 24
(a) a newspaper circulating in the locality of the relevant 25
area; and 26
(b) a newspaper circulating generally throughout the State. 27
`(3) The notice must state-- 28
(a) the name of the relevant area; and 29
(b) for a revocation-- 30
100 See section 5 (How object is to be achieved).
s 186 173 s 188
Environmental Protection and Other Legislation
Amendment Bill 2004
(i) whether all or part of the relevant area is proposed 1
to be revoked; and 2
(ii) if only part of the relevant area is proposed to be 3
revoked--a description, by map or otherwise, of 4
the part of the relevant area proposed to be 5
revoked; and 6
(c) for an amalgamation--the proposed change in the class, 7
or the boundaries, of a protected area. 8
`(4) In this section-- 9
relevant area means the State forest, timber reserve, protected 10
area, World Heritage management area or forest reserve the 11
subject of the motion.'. 12
Clause 186 Amendment of s 175 (Regulation-making power) 13
(1) Section 175(2)(p)-- 14
renumber as section 175(2)(q). 15
(2) Section 175(2)-- 16
insert-- 17
`(p) authorising the taking, keeping or use of a protected 18
animal;'. 19
Clause 187 Insertion of new pt 12, div 1, hdg 20
Part 12, before section 181-- 21
insert-- 22
`Division 1 Savings and transitional 23
provisions for Act No. 20 of 24
1992'. 25
Clause 188 Insertion of new pt 12, div 2 26
After section 183-- 27
insert-- 28
s 188 174 s 188
Environmental Protection and Other Legislation
Amendment Bill 2004
`Division 2 Savings and transitional provisions 1
for Nature Conservation and Other 2
Legislation Amendment Act 2000 3
`184 Provision to allow beekeeping in particular former 4
forest reserves until 2025 5
`(1) This section applies if a forest reserve prescribed under a 6
regulation is dedicated as a national park or national park 7
(recovery). 8
`(2) Despite sections 15 and 34,101 a regulation may, until 9
31 December 2024, authorise a person to take, use, keep or 10
interfere with cultural or natural resources for an apiary in the 11
national park or national park (recovery). 12
`(3) This section expires at the beginning of 1 January 2025. 13
`185 Provision for commercial activity permits for former 14
forest reserves 15
`(1) This section applies if-- 16
(a) land in a forest reserve is dedicated as a protected area; 17
and 18
(b) immediately before the dedication, a person was, under 19
a commercial activity permit (the former permit) 20
granted under the Forestry Act 1959, carrying out 21
commercial activities on the land. 22
`(2) On the dedication-- 23
(a) the former permit ceases to be a permit under the 24
Forestry Act 1959 and becomes a commercial activity 25
permit under this Act to carry out the activities in the 26
protected area; and 27
(b) the holder of the former permit becomes the holder of 28
the commercial activity permit; and 29
101 Sections 15 (Management of protected areas) and 34 (Leases etc. over protected
areas)
s 189 175 s 189
Environmental Protection and Other Legislation
Amendment Bill 2004
(c) the commercial activity permit continues, subject to this 1
Act, for the balance of the term of the former permit. 2
`(3) To remove any doubt, it is declared that subsection (2) applies 3
even if the carrying out of the commercial activities under the 4
former permit is not consistent with the management 5
principles for the protected area. 6
`(4) However, the grounds on which the chief executive may 7
refuse an application to renew the commercial activity permit 8
include the ground that the carrying out of the commercial 9
activities under the permit is not consistent with the 10
management principles or a management plan for the 11
protected area.'. 12
Clause 189 Amendment of schedule (Dictionary) 13
(1) Schedule, definition indigenous to Queensland-- 14
omit. 15
(2) Schedule-- 16
insert-- 17
`captive breeding agreement see section 100B(1). 18
State includes Territory.'. 19
(3) Schedule, definition State land, `Queensland'-- 20
omit, insert-- 21
`the State'. 22
(4) Schedule, definition use, after `sell,'-- 23
insert-- 24
`give away,'. 25
s 190 176 s 193
Environmental Protection and Other Legislation
Amendment Bill 2004
Part 10 Amendment of Nature 1
Conservation Amendment 2
Act 2004 3
Clause 190 Act amended in pt 10 4
This part amends the Nature Conservation Amendment 5
Act 2004. 6
Clause 191 Insertion of new s 7A 7
After section 7-- 8
insert-- 9
`7A Amendment of s 88 (Restrictions on taking protected 10
animal and keeping or use of unlawfully taken 11
protected animal) 12
`(1) Section 88(6), definition Class 1 offence, paragraph (a), 13
`presumed extinct'-- 14
omit, insert-- 15
`extinct in the wild'. 16
`(2) Section 88(6), after `vulnerable'-- 17
insert-- 18
`or near threatened'.'. 19
Clause 192 Omission of s 11 (Insertion of new pt 12, div 1, hdg) 20
Section 11-- 21
omit. 22
Clause 193 Amendment of s 12 (Insertion of new pt 12, div 2) 23
(1) Section 12, heading, `div 2'-- 24
omit, insert-- 25
`div 3'. 26
(2) Section 12, inserted division 2 heading, `Division 2'-- 27
s 193 177 s 193
Environmental Protection and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`Division 3'. 2
(3) Section 12, inserted section 184-- 3
renumber as inserted section 186. 4
© State of Queensland 2004
AMENDMENTS TO BILL
1
Environmental Protection and Other Legislation
Amendment Bill 2004
Environmental Protection and Other
Legislation Amendment Bill 2004
Amendments agreed to during Consideration
1 Clause 35--
At page 90, lines 7 and 8, `to be a code compliant authority'--
omit.
2 Clause 35--
At page 90, lines 18 and 19, `to be a code compliant
authority'--
omit.
3 Clause 156--
At page 154, line 3, `Section 252(1)(b)'--
omit, insert--
`Section 252A(1)(b)'.
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