Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Environmental Protection and
Other Legislation Amendment
Bill 2005
Queensland
Environmental Protection and Other
Legislation Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Brisbane Forest Park Act 1977
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
36A Delegation by administering authority . . . . . . . . . . . . 12
Part 3 Amendment of Coastal Protection And Management Act
1995
5 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Amendment of s 60 (Tidal works notices) . . . . . . . . . . . . . . . . . . 13
8 Amendment of s 103 (Application of pt 6) . . . . . . . . . . . . . . . . . . 14
9 Replacement of s 124 (Obligation to keep certain tidal works
in safe condition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
124 Obligation to keep particular tidal works in safe
condition ............................. 14
10 Amendment of s 145 (Proceedings for indictable offences) . . . . . 15
11 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 15
Part 4 Amendment of Environmental Protection Act 1994
12 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Replacement of s 26 (Preparation of draft policies) . . . . . . . . . . . 16
26 Minister may make policies . . . . . . . . . . . . . . . . . . . . 16
14 Omission of ss 29 to 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Amendment of s 33 (Approval of final policy) . . . . . . . . . . . . . . . . 17
16 Omission of ss 35 and 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Environmental Protection and Other Legislation
Amendment Bill 2005
17 Amendment of s 49 (Decision on whether EIS may proceed) . . . 17
18 Amendment of s 50 (Ministerial review of refusal to allow to
proceed) .................................. 17
19 Amendment of s 51 (Public notification) . . . . . . . . . . . . . . . . . . . . 18
20 Amendment of s 52 (Required content of EIS notice) . . . . . . . . . 18
21 Amendment of s 56 (Response to submissions) . . . . . . . . . . . . . 18
22 Insertion of new ss 56A and 56B . . . . . . . . . . . . . . . . . . . . . . . . . 19
56A Assessment of adequacy of response to submission
and submitted EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
56B Ministerial review of refusal to allow submitted EIS to
proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Replacement of s 57 (EIS assessment report) . . . . . . . . . . . . . . 20
57 EIS assessment report . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Amendment of s 62 (Chief executive may seek advice, comment
or information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Amendment of s 64 (Inquiry does not alter process) . . . . . . . . . . 21
26 Amendment of s 66 (Amending EIS) . . . . . . . . . . . . . . . . . . . . . . 22
27 Amendment of s 73G (When registration certificate takes effect) 22
28 Amendment of s 77 (What is a petroleum activity, a level 1
petroleum activity and a level 2 petroleum activity) . . . . . . . . . . . 22
29 Amendment of s 86 (Joint application may be made) . . . . . . . . . 22
30 Amendment of s 92 (Steps after granting application and the
giving of financial assurance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Insertion of new s 95A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
95A Conditions may be requested. . . . . . . . . . . . . . . . . . . 23
32 Amendment of s 97 (Criteria for decision) . . . . . . . . . . . . . . . . . . 24
33 Amendment of s 98 (Conditions that may and must be imposed) 24
34 Amendment of s 99 (Steps after granting application and the
giving of financial assurance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
35 Amendment of s 103 (Environmental management plan) . . . . . . 24
36 Amendment of s 115 (Steps after granting application and the
giving of financial assurance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37 Amendment of s 122 (Public notice may be required) . . . . . . . . . 25
38 Replacement of s 129 (Transfer only by approval) . . . . . . . . . . . . 25
129 Transfer only by approval . . . . . . . . . . . . . . . . . . . . . . 26
39 Amendment of s 133 (Audit statement may be required) . . . . . . . 27
40 Amendment of s 134 (Deciding application). . . . . . . . . . . . . . . . . 27
41 Amendment of s 136 (Steps after making decision). . . . . . . . . . . 27
42 Amendment of s 139 (When surrender application required). . . . 28
3
Environmental Protection and Other Legislation
Amendment Bill 2005
43 Amendment of s 145F (Conditions for cancellation or
suspension) ................................... 29
44 Replacement of s 145P (Power to require change to financial
assurance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
145P Power to require financial assurance if not previously
required or to require a change to financial
assurance ............................ 29
45 Amendment of s 148 (Types of environmental authority (mining
activities)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Amendment of s 154 (General requirements for application). . . . 30
47 Amendment of s 162 (Decision about EIS requirement) . . . . . . . 31
48 Amendment of s 163 (Minister's power to overturn decision
about EIS requirement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Amendment of s 167 (Modified application of pt 6, divs 6 to 8) . . 32
50 Replacement of s 168 (Non-code compliant application
fee must be paid if decision is to grant non-code compliant
authority) ..................................... 32
168 Automatic issuing of code compliant authority in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . 32
168A Conditions of code compliant authority . . . . . . . . . . . 33
168B Provisions for grant of application if Minister's
decision is to grant on different conditions . . . . . . . . . 33
51 Amendment of s 171C (Notice about refusal or condition
decision) ...................................... 34
52 Amendment of s 171D (Modified application of pt 6, divs 5 to 8) . 34
53 Insertion of new s 171DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
171DA Inclusion of additional conditions in draft
environmental authority . . . . . . . . . . . . . . . . . . . . . . . 34
54 Omission of s 185 (Application of div 3) . . . . . . . . . . . . . . . . . . . . 35
55 Amendment of s 203 (Content requirements for submitted EM
plan) ......................................... 35
56 Amendment of s 210 (Conditions that may and must be
included in draft environmental authority) . . . . . . . . . . . . . . . . . . 36
57 Amendment of s 226 (Grant of application) . . . . . . . . . . . . . . . . . 36
58 Insertion of new s 226A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
226A Submitted EM plan may be amended if conditions of
environmental authority are different to draft . . . . . . . 37
59 Amendment of s 238 (Who may apply) . . . . . . . . . . . . . . . . . . . . 37
60 Amendment of s 246 (Assessment level and EIS decisions for
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61 Amendment of s 247 (Ministerial decision about assessment
level and EIS decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4
Environmental Protection and Other Legislation
Amendment Bill 2005
62 Replacement of s 247A (Criteria for making assessment level
decision) ...................................... 38
247A Significant increase must be decided in particular
cases ............................... 38
63 Amendment of s 251 (Relevant application process applies). . . . 39
64 Amendment of s 254 (Public notice of application) . . . . . . . . . . . 39
65 Amendment of s 255 (Objection period). . . . . . . . . . . . . . . . . . . . 40
66 Replacement of s 259 (Transfer only by approval) . . . . . . . . . . . . 40
259 Transfer only by approval . . . . . . . . . . . . . . . . . . . . . . 40
67 Amendment of s 260 (General requirements for transfer
application) .................................... 42
68 Amendment of s 261 (Audit statement may be required) . . . . . . . 42
69 Amendment of s 264 (Steps after making decision). . . . . . . . . . . 42
70 Insertion of new ch 5, pt 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 9A Progressive rehabilitation
Division 1 Certification of progressive rehabilitation for
level 1 mining projects
Subdivision 1 Progressive certification and its effects
266A What is progressive certification. . . . . . . . . . . . . . . . . 44
266B Effect of progressive certification . . . . . . . . . . . . . . . . 44
266C Continuing responsibility of environmental authority
holder relating to certified rehabilitated area . . . . . . . 45
Subdivision 2 Applying for progressive certification
266D Who may apply for progressive certification. . . . . . . . 45
266E Requirements for application . . . . . . . . . . . . . . . . . . . 46
266F Amending application . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 3 Progressive rehabilitation report
266G Requirements for progressive rehabilitation report. . . 47
266H Amending report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
266I Assessment report may be given . . . . . . . . . . . . . . . . 48
Subdivision 4 Processing application
266J Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 48
266K Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 49
266L Steps after making decision . . . . . . . . . . . . . . . . . . . . 50
Division 2 Payment for residual risks of rehabilitation
266M Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
266N Payment may be required for residual risks . . . . . . . . 50
266O Criteria for decision to make requirement . . . . . . . . . 51
5
Environmental Protection and Other Legislation
Amendment Bill 2005
266P Amount and form of payment . . . . . . . . . . . . . . . . . . . 51
71 Amendment of s 268 (Surrender only by approval) . . . . . . . . . . . 52
72 Replacement of s 269 (Surrender may be partial) . . . . . . . . . . . . 52
269 Partial surrenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
269A Conditional surrender of environmental authority
(mining activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
73 Amendment of s 274 (Content requirements for report). . . . . . . . 54
74 Amendment of s 278 (Criteria for decision) . . . . . . . . . . . . . . . . . 55
75 Insertion of new ss 278A and 278B . . . . . . . . . . . . . . . . . . . . . . . 56
278A Directions to carry out rehabilitation may be given if
surrender refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
278B Payment may be required for residual risks of
rehabilitation .......................... 56
76 Amendment of s 279 (Steps after making decision). . . . . . . . . . . 57
77 Insertion of new s 279A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
279A Restriction on surrender taking effect if payment
required for residual risks . . . . . . . . . . . . . . . . . . . . . . 58
78 Amendment of s 289 (False or misleading information about
environmental audits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
79 Amendment of s 298 (Notice of proposed action decision) . . . . . 58
80 Amendment of s 358 (When order may be issued) . . . . . . . . . . . 58
81 Amendment of s 364 (When financial assurance may be
required) ...................................... 59
82 Amendment of s 366 (Application for amendment or discharge
of financial assurance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
83 Amendment of s 436 (Unlawful environmental harm) . . . . . . . . . 59
84 Amendment of s 480 (False, misleading or incomplete
documents) .................................... 59
85 Amendment of s 481 (False or misleading information) . . . . . . . . 60
86 Amendment of s 492 (Responsibility for acts or omissions of
representatives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
87 Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . 61
88 Amendment of s 549 (Minister may approve standard
environmental conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
89 Amendment of s 549A (When standard environmental conditions
must be complied with). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
90 Amendment of s 619 (Continuing effect of particular
environmental authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
91 Amendment of s 624 (Effect of commencement on particular
approvals) ..................................... 62
6
Environmental Protection and Other Legislation
Amendment Bill 2005
92 Omission of s 629 (Continuing operation of s 594 (Limited
application of s 427 for transitional authority)) . . . . . . . . . . . . . . . 63
93 Amendment of s 631 (Financial assurance if security for related
petroleum authority is monetary) . . . . . . . . . . . . . . . . . . . . . . . . . 63
94 Amendment of s 632 (Financial assurance if security for related
petroleum authority is non-monetary) . . . . . . . . . . . . . . . . . . . . . 63
95 Amendment of s 634 (Amendment of financial assurance
condition under this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
96 Insertion of new ch 13, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 8 Transitional provision for Environmental
Protection and Other Legislation Amendment
Act 2005
642 EISs currently undergoing EIS process . . . . . . . . . . . 64
643 Transitional provision for amended ss 619 and 624 . . 64
97 Amendment of sch 1 (Original decisions). . . . . . . . . . . . . . . . . . . 65
98 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 5 Amendment of Forestry Act 1959
99 Act amended in pt 5 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 68
100 Amendment of s 35 (Granting of permit for land within State
forest) ........................................ 68
101 Amendment of s 73 (Unlawfully using State forests etc.) . . . . . . . 69
Part 6 Amendment of Integrated Planning Act 1997
102 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
103 Amendment of s 1.3.5 (Definitions for terms used in
development) .................................. 69
104 Amendment of s 1.4.1 (Lawful uses of premises on 30 March
1998) ........................................ 70
105 Amendment of s 3.8.1 (Mobile and temporary environmentally
relevant activities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
106 Amendment of s 4.3.1 (Carrying out assessable development
without permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
107 Amendment of s 4.3.3 (Compliance with development approval) 71
108 Amendment of s 4.3.4 (Compliance with identified codes about
use of premises). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
109 Amendment of s 4.3.5 (Offences about the use of premises) . . . 71
110 Amendment of s 4.3.6 (Development or use carried out in
emergency) ................................... 72
111 Insertion of new s 4.3.6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
4.3.6A Coastal emergency exemption for operational work
that is tidal works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
112 Insertion of new ch 6, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
7
Environmental Protection and Other Legislation
Amendment Bill 2005
Part 6 Transitional provision for Environmental
Protection and Other Legislation Amendment
Act 2005
6.6.1 Deferment of application of s 4.3.1 to particular
material changes of use . . . . . . . . . . . . . . . . . . . . . . . 74
113 Amendment of sch 8 (Assessable development and self-
assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 7 Amendment of Marine Parks Act 2004
114 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
115 Amendment of s 21 (Zoning plan) . . . . . . . . . . . . . . . . . . . . . . . . 75
116 Amendment of s 23 (Preparation of final plan) . . . . . . . . . . . . . . . 76
117 Amendment of s 25 (Amendment of zoning plan) . . . . . . . . . . . . 76
118 Amendment of s 27 (Preparation of final amendment). . . . . . . . . 76
119 Amendment of s 28 (Tabling of statement with zoning plan or
amendment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
120 Amendment of s 43 (Entry or use for a prohibited purpose) . . . . 77
121 Amendment of s 131 (Proceedings for indictable offence) . . . . . . 77
122 Amendment of s 155 (Existing zoning plans) . . . . . . . . . . . . . . . . 77
123 Insertion of new s 155A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
155A Continuation of making and approval of zoning plan
or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
124 Insertion of new s 156A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
156A Continuation of preparation and approval of
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
125 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 80
Part 8 Amendment of Mineral Resources Act 1989
126 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
127 Amendment of s 64A (Issue of certificate of public notice) . . . . . 80
128 Amendment of s 252A (Issue of certificate of public notice) . . . . 81
129 Amendment of s 391A (Restriction on decisions or
recommendations about mining tenements) . . . . . . . . . . . . . . . . 81
Part 9 Amendment of Nature Conservation Act 1992
130 Act amended in pt 9 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 82
131 Amendment of s 34 (Leases etc. over protected areas). . . . . . . . 82
132 Amendment of s 45 (Conservation agreements) . . . . . . . . . . . . . 82
133 Amendment of s 62 (Restriction on taking etc. of cultural and
natural resources of protected areas) . . . . . . . . . . . . . . . . . . . . . 83
134 Replacement of s 70R (Expiry) . . . . . . . . . . . . . . . . . . . . . . . . . . 83
70R Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
8
Environmental Protection and Other Legislation
Amendment Bill 2005
135 Amendment of s 88 (Restrictions on taking protected animal
and keeping or use of unlawfully taken protected animal) . . . . . . 83
136 Amendment of s 88A (Restriction on keeping or use of lawfully
taken protected animal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
137 Amendment of s 88B (Offence to keep or use native wildlife
reasonably suspected to have been unlawfully taken) . . . . . . . . . 83
138 Amendment of s 89 (Restriction on taking etc. protected plants). 84
139 Amendment of s 90 (Restriction on using particular protected
plants) ........................................ 84
140 Amendment of s 91 (Restriction on release etc. of international
and prohibited wildlife) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
141 Amendment of s 97 (Restriction taking etc. of native wildlife in
areas of major interest and critical habitats). . . . . . . . . . . . . . . . . 85
142 Amendment of s 111 (Management plans) . . . . . . . . . . . . . . . . . 85
143 Amendment of s 135 (Chief executive may inquire into
applications) ................................... 85
144 Insertion of new ss 184A and 184B . . . . . . . . . . . . . . . . . . . . . . . 86
184A Provision to allow horse riding in particular former
forest reserves until 24 November 2013. . . . . . . . . . . 86
184B Provision for stock grazing permits for former
SEQFA forest reserves. . . . . . . . . . . . . . . . . . . . . . . . 86
145 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 87
Part 10 Amendment of Queensland Heritage Act 1992
146 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
147 Amendment of s 35 (Application for exemption certificate) . . . . . 88
148 Replacement of s 37 (Council may give certificate of exemption
without application). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
37 Council may give exemption certificate without
application ........................... 89
149 Amendment of s 38 (Exemption certificate for liturgical
purposes) ..................................... 89
150 Amendment of s 39 (Heritage agreements) . . . . . . . . . . . . . . . . . 89
151 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 89
Part 11 Amendment of Statutory Instruments Act 1992
152 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
153 Amendment of sch 2A (Subordinate legislation to which part 7
does not apply). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Part 12 Amendment of Wet Tropics World Heritage Protection and
Management Act 1993
154 Act amended in pt 12 and schedule . . . . . . . . . . . . . . . . . . . . . . . 90
155 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 90
9
Environmental Protection and Other Legislation
Amendment Bill 2005
156 Amendment of s 53 (Review of plans) . . . . . . . . . . . . . . . . . . . . . 91
157 Replacement of sch 1 (Wet tropics world heritage area
management scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
158 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Part 13 Other amendments of Acts
159 Amendments in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 109
Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 109
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Nature Conservation Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 111
Wet Tropics World Heritage Protection and Management Act 1993 111
2005
A Bill
for
An Act to amend the Environmental Protection Act 1994, and
for other purposes
s1 12 s4
Environmental Protection and Other Legislation
Amendment Bill 2005
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 2005. 5
Clause 2 Commencement 6
Part 4 and sections 8, 101, 106(2) and 107 to 111 commence 7
on a day to be fixed by proclamation. 8
Part 2 Amendment of Brisbane Forest 9
Park Act 1977 10
Clause 3 Act amended in pt 2 11
This part amends the Brisbane Forest Park Act 1977. 12
Clause 4 Insertion of new s 36A 13
Part 5, division 3, before section 37-- 14
insert-- 15
`36A Delegation by administering authority 16
`(1) The administering authority may delegate its powers under 17
this Act, other than sections 30 and 35,1 to an appropriately 18
qualified authorised officer or public service officer. 19
1 Sections 30 (Allocation of land for public use) and 35 (By-laws of administration
authority)
s5 13 s7
Environmental Protection and Other Legislation
Amendment Bill 2005
`(2) In this section-- 1
appropriately qualified, for a person to whom a power under 2
this Act may be delegated, includes having the qualifications, 3
experience or standing appropriate to exercise the power. 4
5
Example of standing--
6
a person's classification level in the public service'.
Part 3 Amendment of Coastal 7
Protection And Management 8
Act 1995 9
Clause 5 Act amended in pt 3 and schedule 10
(1) This part amends the Coastal Protection and Management Act 11
1995. 12
(2) The schedule also includes an amendment of that Act. 13
Clause 6 Insertion of new s 18A 14
Chapter 1, part 3, division 3, after section 18-- 15
insert-- 16
`18A Notes in text 17
`A note in the text of this Act is part of this Act.'. 18
Clause 7 Amendment of s 60 (Tidal works notices) 19
Section 60(1)(b) and (c)-- 20
omit, insert-- 21
`(b) another person who, under section 124,2 must ensure a 22
structure that forms all or part of the tidal works is 23
maintained in a safe condition.'. 24
2 Section 124 (Obligation to keep particular tidal works in safe condition)
s8 14 s9
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 8 Amendment of s 103 (Application of pt 6) 1
Section 103, after `application.'-- 2
insert-- 3
`Note-- 4
5
1 Under the Integrated Planning Act 1997, schedule 8, part 1, table 4,
6
operational work that is tidal works is assessable development
7
under that Act.
8
2 Under chapter 4, part 3, division 1, of that Act there are offences
9
relating to the carrying out of assessable development.
10
3 However, under section 4.3.6A of that Act, there is an exemption to
11
the development offences under sections 4.3.1, 4.3.3, 4.3.4 and
12
4.3.5 of that Act for the carrying out of tidal works in an emergency
13
if the requirements of section 4.3.6A are complied with.'.
Clause 9 Replacement of s 124 (Obligation to keep certain tidal 14
works in safe condition) 15
Section 124-- 16
omit, insert-- 17
`124 Obligation to keep particular tidal works in safe 18
condition 19
`(1) This section applies to a structure for which-- 20
(a) under the Integrated Planning Act 1997, a development 21
permit is or was required for operational work that is 22
tidal works; or 23
(b) there is a sanction or authorisation mentioned in section 24
171 that, under that section, has (together with any of its 25
conditions) effect as if it were a development approval 26
for operational work that is tidal works. 27
`(2) The following persons must ensure the structure is maintained 28
in a safe condition-- 29
(a) a person who is an owner of freehold land, or a lessee of 30
land leased from the State, if the land-- 31
(i) is above high water mark; and 32
(ii) is connected to, or receives the benefit of, the 33
structure that is tidal works; 34
s 10 15 s 11
Environmental Protection and Other Legislation
Amendment Bill 2005
(b) any one else, including, for example, a local government 1
acting as a trustee, who is responsible-- 2
(i) under any law or contract or other agreement to 3
ensure the tidal works are in a safe condition; or 4
(ii) for any wrong arising out of a failure to ensure the 5
tidal works are in a safe condition. 6
`(3) Subsection (2) does not affect or limit a civil right or remedy 7
that exists apart from this Act, whether at common law or 8
otherwise. 9
`(4) Without limiting subsection (3), compliance with subsection 10
(2) does not necessarily show that a civil obligation that exists 11
apart from this Act has been satisfied or has not been 12
breached. 13
`(5) In addition, a breach of an obligation under subsection (2) 14
does not, of itself, give rise to an action for breach of statutory 15
duty or another civil right or remedy. 16
17
Note--
18
For the consequences of a failure to comply with the obligation under
19
subsection (2), see part 3, division 2.3'.
Clause 10 Amendment of s 145 (Proceedings for indictable 20
offences) 21
Section 145(4), `165 penalty units'-- 22
omit, insert-- 23
`1665 penalty units'. 24
Clause 11 Amendment of schedule (Dictionary) 25
(1) Schedule, definition tidal works, paragraph 3-- 26
renumber as paragraph 4. 27
(2) Schedule, definition tidal works, paragraph 2A-- 28
omit, insert-- 29
3 Part 3, division 2 (Coastal protection and tidal works notices)
s 12 16 s 14
Environmental Protection and Other Legislation
Amendment Bill 2005
`3 Tidal works also includes-- 1
(a) works designed to be exposed to tidal water 2
because of shoreline fluctuations; and 3
(b) works within the boundaries of a canal, whether 4
above or below high water mark.'. 5
(3) Schedule, definition tidal works, item 4(c), as renumbered, 6
`schedule 8, part 1, table 4, item 5(b)'-- 7
omit, insert-- 8
`the Integrated Planning Act 1997, schedule 8, part 1, table 4, 9
item 5(b)'. 10
Part 4 Amendment of Environmental 11
Protection Act 1994 12
Clause 12 Act amended in pt 4 and schedule 13
(1) This part amends the Environmental Protection Act 1994. 14
(2) The schedule also includes amendments of that Act. 15
Clause 13 Replacement of s 26 (Preparation of draft policies) 16
Section 26-- 17
omit, insert-- 18
`26 Minister may make policies 19
`The Minister may make environmental protection policies to 20
enhance or protect Queensland's environment.'. 21
Clause 14 Omission of ss 29 to 32 22
Sections 29 to 32-- 23
omit. 24
s 15 17 s 18
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 15 Amendment of s 33 (Approval of final policy) 1
(1) Section 33, heading-- 2
omit, insert-- 3
`33 Policies are subordinate legislation'. 4
(2) Section 33, `A final'-- 5
omit, insert-- 6
`An'. 7
(3) Section 33(2)-- 8
omit. 9
Clause 16 Omission of ss 35 and 36 10
Sections 35 and 36-- 11
omit. 12
Clause 17 Amendment of s 49 (Decision on whether EIS may 13
proceed) 14
(1) Section 49(1), `divisions 4 to 6'-- 15
omit, insert-- 16
`division 4'. 17
(2) Section 49(3), `the submission period for the EIS'-- 18
omit, insert-- 19
`a minimum period for the making of submissions about the 20
EIS'. 21
(3) Section 49(4), `20 business days'-- 22
omit, insert-- 23
`30 business days'. 24
Clause 18 Amendment of s 50 (Ministerial review of refusal to allow 25
to proceed) 26
(1) Section 50(4)(b), `divisions 4 to 6'-- 27
s 19 18 s 21
Environmental Protection and Other Legislation
Amendment Bill 2005
omit, insert-- 1
`division 4'. 2
(2) Section 50(5) and (6)-- 3
omit, insert-- 4
`(5) The Minister's decision on the review is taken for this part, 5
other than section 49(6), to be the chief executive's decision. 6
`(6) The chief executive must give the proponent written notice of 7
the Minister's decision within 10 business days after it is 8
made. 9
`(7) If the Minister's decision is to confirm the chief executive's 10
decision, the notice must state reasons for the Minister's 11
decision.'. 12
Clause 19 Amendment of s 51 (Public notification) 13
Section 51(1), `and divisions 5 and 6'-- 14
omit. 15
Clause 20 Amendment of s 52 (Required content of EIS notice) 16
(1) Section 52(2), `20 business days'-- 17
omit, insert-- 18
`30 business days'. 19
(2) Section 52(2)(a), `submission period'-- 20
omit, insert-- 21
`minimum period for the making of submissions about the 22
EIS'. 23
Clause 21 Amendment of s 56 (Response to submissions) 24
(1) Section 56(2)(c)-- 25
omit, insert-- 26
s 22 19 s 22
Environmental Protection and Other Legislation
Amendment Bill 2005
`(c) any amendments of the submitted EIS because of the 1
submissions, together with an EIS amendment notice 2
under section 66 for the amendments.'. 3
(2) Section 56(3), definition relevant period-- 4
omit, insert-- 5
`relevant period means-- 6
(a) generally--20 business days after the proponent is given 7
a copy of all submissions accepted by the chief 8
executive; or 9
(b) if the chief executive and the proponent have, within the 10
20 business days, agreed to a different period--the 11
different period.'. 12
Clause 22 Insertion of new ss 56A and 56B 13
Chapter 3, part 1, division 4, subdivision 2, after section 56-- 14
insert-- 15
`56A Assessment of adequacy of response to submission 16
and submitted EIS 17
`(1) This section applies only if, under section 55, a submission 18
has been accepted by the chief executive. 19
`(2) The chief executive must, within 20 business days after the 20
relevant period under section 56-- 21
(a) consider the submitted EIS and the documents given 22
under section 56(2); and 23
(b) decide whether to allow the submitted EIS to proceed 24
under divisions 5 and 6. 25
`(3) The chief executive may allow the submitted EIS to proceed 26
only if the chief executive considers-- 27
(a) the proponent's response to the submission is adequate; 28
and 29
(b) the proponent has made all appropriate amendments to 30
the submitted EIS because of the submission. 31
s 23 20 s 23
Environmental Protection and Other Legislation
Amendment Bill 2005
`(4) The chief executive must, within 10 business days after the 1
decision is made, give the proponent written notice of the 2
decision. 3
`(5) If the decision is to refuse to allow the submitted EIS to 4
proceed, the notice must also state-- 5
(a) the reasons for the decision; and 6
(b) that the proponent may, under section 56B, apply to the 7
Minister to review the decision; and 8
(c) how to apply for a review. 9
`56B Ministerial review of refusal to allow submitted EIS to 10
proceed 11
`(1) If, under section 56A, the chief executive decides to refuse to 12
allow the submitted EIS to proceed, the proponent may, by 13
written notice, apply to the Minister to review the decision. 14
`(2) Section 50 applies to the notice and the review as if-- 15
(a) they were a notice and review under that section; and 16
(b) the reference to division 4 in section 50(4)(b) were a 17
reference to divisions 5 and 6; and 18
(c) the reference to section 49(6) in section 50(2)(b) were a 19
reference to section 56A(4).'. 20
Clause 23 Replacement of s 57 (EIS assessment report) 21
Section 57-- 22
omit, insert-- 23
`57 EIS assessment report 24
`(1) This section applies only if the chief executive has given the 25
proponent a notice under section 56A(4), or under 50(6) as 26
applied by section 56B(2), of a decision that the submitted 27
EIS may proceed under this division and division 6. 28
`(2) The chief executive must give the proponent a report (an EIS 29
assessment report) about the submitted EIS within 30 30
business days after-- 31
s 24 21 s 25
Environmental Protection and Other Legislation
Amendment Bill 2005
(a) if, at the end of the submission period, the chief 1
executive has accepted any submissions--the end of the 2
relevant period under section 56; or 3
(b) if, under section 56A, the chief executive originally 4
decided to refuse to allow the submitted EIS to proceed 5
but, under section 56B, the Minister decided to allow it 6
to proceed--the giving to the proponent of notice of the 7
Minister's decision; or 8
(c) otherwise--the end of the submission period.4'. 9
Clause 24 Amendment of s 62 (Chief executive may seek advice, 10
comment or information) 11
Section 62-- 12
insert-- 13
`(3) If the request is made of the proponent, it must be written, and 14
must state a reasonable period for the giving of the advice, 15
comment or information sought.'. 16
Clause 25 Amendment of s 64 (Inquiry does not alter process) 17
(1) Section 64, heading-- 18
omit, insert-- 19
`64 Making of inquiry does not of itself alter EIS process'. 20
(2) Section 64-- 21
insert-- 22
`(c) affect or limit a provision of divisions 2 to 6 that allows 23
the chief executive and the proponent to agree about the 24
period for the taking of a step under the EIS process. 25
26
Note--
27
For the consequences of not giving advice, comment or information
28
required under section 62, see section 67.'.
4 For public inspection of the EIS assessment report, see sections 540 (Required
registers) and 542 (Inspection of register).
s 26 22 s 29
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 26 Amendment of s 66 (Amending EIS) 1
Section 66(1), from `(the original EIS)' to `otherwise--'-- 2
omit, insert-- 3
`(the original EIS)'. 4
Clause 27 Amendment of s 73G (When registration certificate takes 5
effect) 6
(1) Section 73G(1), `subsection (2)'-- 7
omit, insert-- 8
`subsections (2) and (3)'. 9
(2) Section 73G(1)(a) and (b)-- 10
omit, insert-- 11
`(a) if the certificate states a day or the happening of an 12
event for it to take effect--the stated day or the 13
happening of the event; or 14
(b) if no day or event is stated under paragraph (a)--the day 15
the certificate is given; or'. 16
(3) Section 73G-- 17
insert-- 18
`(3) If a chapter 4 activity the subject of a registration certificate is 19
assessable development, the certificate does not take effect for 20
the activity until a development permit for the activity takes 21
effect.'. 22
Clause 28 Amendment of s 77 (What is a petroleum activity, a level 1 23
petroleum activity and a level 2 petroleum activity) 24
Section 77(1)(c), `exploring for or mining minerals'-- 25
omit, insert-- 26
`exploring for, exploiting or conveying petroleum resources'. 27
Clause 29 Amendment of s 86 (Joint application may be made) 28
Section 86(2), after `joint applicants'-- 29
s 30 23 s 31
Environmental Protection and Other Legislation
Amendment Bill 2005
insert-- 1
`only if the applications relate to different petroleum projects'. 2
Clause 30 Amendment of s 92 (Steps after granting application and 3
the giving of financial assurance) 4
Section 92(1)-- 5
omit, insert-- 6
`(1) If the administering authority decides to grant the application, 7
it must, within 8 business days after the decision is made, take 8
the steps mentioned in subsection (3).'. 9
Clause 31 Insertion of new s 95A 10
After section 95-- 11
insert-- 12
`95A Conditions may be requested 13
`(1) The applicant may ask the administering authority to impose a 14
particular condition on the environmental authority 15
(petroleum activities) applied for if the condition-- 16
(a) may be imposed under section 98; and 17
(b) is not inconsistent with a condition that must be 18
imposed under section 98. 19
`(2) The request must be-- 20
(a) made in the application or, if the request is made after 21
the application is made, in the approved form for the 22
request; and 23
(b) supported by enough information to allow the authority 24
to decide whether to impose the condition; and 25
(c) accompanied by the fee prescribed under a regulation. 26
`(3) The fee under subsection (2)(c) is in addition to the 27
application fee.'. 28
s 32 24 s 35
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 32 Amendment of s 97 (Criteria for decision) 1
(1) Section 97, after `refuse the application'-- 2
insert-- 3
`or to impose a condition under section 98'. 4
(2) Section 97(b)(v)-- 5
omit. 6
(3) Section 97(b)(vi) and (vii)-- 7
renumber as section 97(b)(v) and (vi). 8
Clause 33 Amendment of s 98 (Conditions that may and must be 9
imposed) 10
Section 98-- 11
insert-- 12
`(6) A condition may be imposed even if the applicant did not ask 13
for it under section 95A.'. 14
Clause 34 Amendment of s 99 (Steps after granting application and 15
the giving of financial assurance) 16
Section 99(1)-- 17
omit, insert-- 18
`(1) If the administering authority decides to grant the application, 19
it must, within 8 business days after the decision is made, take 20
the steps mentioned in subsection (3).'. 21
Clause 35 Amendment of s 103 (Environmental management plan) 22
Section 103-- 23
insert-- 24
`(3) The environmental protection commitments must include a 25
rehabilitation program for land proposed to be disturbed under 26
each relevant petroleum authority for the application. 27
`(4) The rehabilitation program must state a proposed amount of 28
financial assurance for the environmental authority.'. 29
s 36 25 s 38
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 36 Amendment of s 115 (Steps after granting application 1
and the giving of financial assurance) 2
Section 115(1)-- 3
omit, insert-- 4
`(1) If the administering authority decides to grant the application, 5
it must, within 8 business days after the decision is made, take 6
the steps mentioned in subsection (3).'. 7
Clause 37 Amendment of s 122 (Public notice may be required) 8
(1) Section 122, heading, after `required'-- 9
insert-- 10
`if application is for level 1 petroleum activity'. 11
(2) Section 122(1) to (4)-- 12
renumber as section 122(2) to (5). 13
(3) Section 122-- 14
insert-- 15
`(1) This section applies for an amendment application only if it is 16
for an environmental authority (petroleum activities) for a 17
level 1 petroleum activity.'. 18
(4) Section 122(2), as renumbered, `an amendment 19
application'-- 20
omit, insert-- 21
`the application'. 22
(5) Section 122(4), as renumbered, `subsection (2)(a)'-- 23
omit, insert-- 24
`subsection (3)(a)'. 25
Clause 38 Replacement of s 129 (Transfer only by approval) 26
Section 129-- 27
omit, insert-- 28
s 38 26 s 38
Environmental Protection and Other Legislation
Amendment Bill 2005
`129 Transfer only by approval 1
`(1) Subsections (2) to (5) apply to the following transfers-- 2
(a) a transfer of an environmental authority (petroleum 3
activities); 4
(b) a transfer of an application for an environmental 5
authority (petroleum activities). 6
`(2) The transfer may be made only if-- 7
(a) an application for the transfer has been made under this 8
division (a transfer application); and 9
(b) the administering authority has approved the transfer. 10
`(3) To remove any doubt, it is declared that a transfer application 11
may be made, and a transfer may be approved, for a transfer 12
from joint holders of an environmental authority (petroleum 13
activities) under which 1 or more of the joint holders will 14
continue to hold the environmental authority. 15
`(4) A transfer application may be made under which-- 16
(a) the proposed transferor seeks to divide an environmental 17
authority (petroleum activities) held by the proposed 18
transferor into 2 or more environmental authorities 19
(petroleum activities); and 20
(b) the proposed transferor will remain the holder of one or 21
more of the environmental authorities or an interest in 22
them and transfer the rest to the proposed transferee. 23
`(5) Sections 130 to 136 apply for a transfer application for an 24
application for an environmental authority (petroleum 25
activities)-- 26
(a) as if a reference otherwise to a holder of the 27
environmental authority were a reference to the 28
applicant for the authority; and 29
(b) as if a reference to the environmental authority were a 30
reference to the environmental authority applied for. 31
`(6) In this section-- 32
transfer, of an application for an environmental authority 33
(petroleum activities), includes amending the application so 34
s 39 27 s 41
Environmental Protection and Other Legislation
Amendment Bill 2005
that someone other than the current applicant becomes an 1
applicant.'. 2
Clause 39 Amendment of s 133 (Audit statement may be required) 3
(1) Section 133(2)-- 4
insert-- 5
`(c) state whether or not the amount of financial assurance 6
currently given, or proposed to be given for the 7
transferred environmental authority, has been worked 8
out in a way acceptable to the administering authority.'. 9
(2) Section 133-- 10
insert-- 11
`(3) For subsection (2)(c), an amount of financial assurance is 12
taken to have been worked out in a way acceptable to the 13
administering authority if it is worked out in the way provided 14
for in a relevant guideline, policy or rule published by the 15
administering authority.'. 16
Clause 40 Amendment of s 134 (Deciding application) 17
Section 134(2)-- 18
omit, insert-- 19
`(2) The administering authority must, in making the decision, 20
consider-- 21
(a) the status of any application under the petroleum 22
legislation for the transfer to the proposed transferee of 23
any relevant petroleum authority for the environmental 24
authority; and 25
(b) any suitability report obtained for the application.'. 26
Clause 41 Amendment of s 136 (Steps after making decision) 27
(1) Section 136(1), after `approve a transfer'-- 28
insert-- 29
`, other than of a type mentioned in section 129(4)'. 30
s 42 28 s 42
Environmental Protection and Other Legislation
Amendment Bill 2005
(2) Section 136(2) and (3)-- 1
renumber as section 136(3) and (4). 2
(3) Section 136-- 3
insert-- 4
`(2) If the administering authority decides to approve a transfer of 5
a type mentioned in section 129(4), it must, within 8 business 6
days after the decision is made-- 7
(a) divide the environmental authority as provided for in the 8
approval; and 9
(b) record particulars of the division in the appropriate 10
register; and 11
(c) give the transferee a copy of each environmental 12
authority of which, under the approval, the transferee is 13
to become the holder.'. 14
(4) Section 136(3), as renumbered, `subsection (1) does'-- 15
omit, insert-- 16
`subsections (1) and (2) do'. 17
Clause 42 Amendment of s 139 (When surrender application 18
required) 19
(1) Section 139(2), `before the 90 days'-- 20
omit, insert-- 21
`within the 90 days'. 22
(2) Section 139(3) and (4)-- 23
omit, insert-- 24
`(3) A surrender application under subsection (1) must be for the 25
environmental authority to the extent it relates to the relevant 26
petroleum authority cancelled, expired or affected by a 27
relinquishment, reduction in area or partial surrender.'. 28
s 43 29 s 44
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 43 Amendment of s 145F (Conditions for cancellation or 1
suspension) 2
Section 145F(2)(b), `change or replenish'-- 3
omit, insert-- 4
`give, change or replenish'. 5
Clause 44 Replacement of s 145P (Power to require change to 6
financial assurance) 7
Section 145P-- 8
omit, insert-- 9
`145P Power to require financial assurance if not previously 10
required or to require a change to financial 11
assurance 12
`(1) The administering authority may, by complying with 13
subsections (4) to (6), require the holder of an environmental 14
authority (petroleum activities) to-- 15
(a) if financial assurance has not been given for the 16
environmental authority--give financial assurance in a 17
stated form or amount as security for the matters 18
mentioned in section 145O(2); or 19
(b) if financial assurance has been given for the 20
environmental authority--change the financial 21
assurance. 22
`(2) The requirement may be made at any time. 23
`(3) However, the requirement may be made only if the 24
administering authority is satisfied it is justified having regard 25
to the matters mentioned in section 145O(3). 26
`(4) The administering authority must give the holder a notice-- 27
(a) stating the proposed financial assurance or change to 28
financial assurance; and 29
(b) inviting the holder to make, within a stated period, 30
submissions about the proposal. 31
`(5) The stated period must end at least 20 business days after the 32
holder is given the notice. 33
s 45 30 s 46
Environmental Protection and Other Legislation
Amendment Bill 2005
`(6) 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
`(7) The requirement does not take effect until the holder is given 4
an information notice about the decision or, if the notice states 5
a later day of effect, on that later day. 6
`(8) In this section-- 7
change, financial assurance, includes to decrease or increase 8
its amount or replace it. 9
financial assurance, given, includes financial assurance 10
changed because of a requirement previously made under 11
subsection (1)(b).'. 12
Clause 45 Amendment of s 148 (Types of environmental authority 13
(mining activities)) 14
Section 148(3)-- 15
omit, insert-- 16
`(3) A code compliant authority is an environmental 17
authority (mining activities) that, under section 164 or 18
168, is taken to have been issued.5'. 19
Clause 46 Amendment of s 154 (General requirements for 20
application) 21
(1) Section 154(1)(a), after `; and'-- 22
insert-- 23
`Note-- 24
25
Because of different assessment processes, there may be
26
different approved forms for applying for level 1 mining projects
27
and level 2 mining projects.'.
(2) Section 154(4), `non-code compliant authority'-- 28
5 Section 164 (Automatic issuing of code compliant authority if no relevant mining
claim or mining lease) or 168 (Automatic issuing of code compliant authority in
particular circumstances)
See also section 603B(2) (Automatic conversion for particular applications).
s 47 31 s 48
Environmental Protection and Other Legislation
Amendment Bill 2005
omit, insert-- 1
`code compliant authority'. 2
Clause 47 Amendment of s 162 (Decision about EIS requirement) 3
(1) Section 162(3) and (4)-- 4
renumber as section 162(4) and (5). 5
(2) Section 162-- 6
insert-- 7
`(3) However, an EIS must not be required for the application if-- 8
(a) it is for an environmental authority (mining lease); and 9
(b) a relevant mining lease is, or is included in, a significant 10
project.6'. 11
(3) Section 162(5), as renumbered, definition required period, 12
paragraph (b), `EPA Minister'-- 13
omit, insert-- 14
`administering authority'. 15
Clause 48 Amendment of s 163 (Minister's power to overturn 16
decision about EIS requirement) 17
(1) Section 163(1) to (3)-- 18
renumber as section 163(2) to (4). 19
(2) Section 163-- 20
insert-- 21
`(1) This section does not apply for an application if-- 22
(a) it is for an environmental authority (mining lease); and 23
(b) a relevant mining lease is, or is included in, a significant 24
project.'. 25
6 For EISs for significant projects, see the State Development Act, section 29D
(Application of divs 36) and part 4, division 3 (EIS process).
s 49 32 s 50
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 49 Amendment of s 167 (Modified application of pt 6, divs 6 1
to 8) 2
Section 167(1)-- 3
omit, insert-- 4
`(1) Part 6, divisions 6 to 8, other than sections 226 to 228, 5
apply-- 6
(a) as if the application were an application for a level 1 7
mining project; and 8
(b) subject to sections 168 to 168B; and 9
(c) with other necessary changes.'. 10
Clause 50 Replacement of s 168 (Non-code compliant application 11
fee must be paid if decision is to grant non-code 12
compliant authority) 13
Section 168-- 14
omit, insert-- 15
`168 Automatic issuing of code compliant authority in 16
particular circumstances 17
`(1) If, under part 6, division 7, subdivision 1 (as applied under 18
section 167), the Minister's decision is to grant the application 19
on the basis of the draft environmental authority for the 20
application, the code compliant authority applied for is taken 21
to have been issued when the decision was made. 22
`(2) If, at the end of the objections period for the application there 23
is no current objection relating to the application, the code 24
compliant authority applied for is taken to have been issued 25
when that period ended. 26
`(3) If the applicant gives the administering authority a written 27
notice stating there are no longer any current objections 28
relating to the application, the code compliant authority 29
applied for is taken to have been issued when the 30
administering authority received the notice. 31
s 50 33 s 50
Environmental Protection and Other Legislation
Amendment Bill 2005
`168A Conditions of code compliant authority 1
`(1) This section applies if, under section 168, a code compliant 2
authority is taken to have been issued. 3
`(2) The relevant standard environmental conditions for the 4
authority are taken to be conditions of the authority.7 5
`(3) While the authority continues to be a code compliant 6
authority, the relevant standard environmental conditions are 7
the only conditions of the authority.8 8
`168B Provisions for grant of application if Minister's 9
decision is to grant on different conditions 10
`(1) This section applies for the application if under part 6, 11
division 7, subdivision 1 (as applied under section 167), the 12
Minister's decision is to grant the application on conditions 13
that are different to the conditions in the draft environmental 14
authority for the application. 15
`(2) The administering authority must, within 10 business days 16
after the last of the following to happen, issue the 17
environmental authority in the approved form-- 18
(a) the making of the decision; 19
(b) payment by the applicant of the amount of the 20
application fee for a non-code compliant application. 21
`(3) The environmental authority must state its conditions in a way 22
that reflects the Minister's decision. 23
`(4) The administering authority must insert the environmental 24
authority in the appropriate register and give the applicant a 25
copy of the environmental authority within 10 business days 26
after the last of the following events to happen-- 27
(a) the making of the decision; 28
(b) the granting of each relevant mining tenement for the 29
application. 30
7 See however section 550 (Effect of changes to standard environmental conditions).
8 For when a code compliant authority becomes a non-code compliant authority, see
section 148 (Types of environmental authority (mining activities)).
s 51 34 s 53
Environmental Protection and Other Legislation
Amendment Bill 2005
`(5) The administering authority must also record in the register 1
that the conditions of the environmental authority were 2
decided by the Minister.'. 3
Clause 51 Amendment of s 171C (Notice about refusal or condition 4
decision) 5
Section 171C(2)(b), before `that the decision'-- 6
insert-- 7
`if the decision is to refuse the application--'. 8
Clause 52 Amendment of s 171D (Modified application of pt 6, divs 5 9
to 8) 10
(1) Section 171D, heading, `divs 5 to 8'-- 11
omit, insert-- 12
`divs 4 to 8'. 13
(2) Section 171D(2), `Part 6, divisions 5 to 8 apply'-- 14
omit, insert-- 15
`Subject to section 171DA, part 6, divisions 4 to 8 apply'. 16
Clause 53 Insertion of new s 171DA 17
Chapter 5, part 3, division 2, subdivision 2-- 18
insert-- 19
`171DA Inclusion of additional conditions in draft 20
environmental authority 21
`(1) This section applies for the inclusion of proposed conditions 22
in a draft environmental authority for an application 23
mentioned in section 171D. 24
`(2) To remove any doubt, it is declared that a condition (an 25
additional condition) may be included even if it is not a 26
relevant standard environmental condition for the 27
environmental authority. 28
s 54 35 s 55
Environmental Protection and Other Legislation
Amendment Bill 2005
`(3) The applicant may, within 5 business days after the 1
administering authority receives the application, ask it to 2
include an additional condition. 3
`(4) The request must be-- 4
(a) made in the application or, if the request is made after 5
the application is made, in the approved form for the 6
request; and 7
(b) supported by enough information to allow the 8
administering authority to decide whether to include the 9
additional condition; and 10
(c) accompanied by the fee prescribed under a regulation. 11
`(5) The fee under subsection (4)(c) is in addition to the 12
application fee. 13
`(6) An additional condition may be included even if the applicant 14
did not ask for it.'. 15
Clause 54 Omission of s 185 (Application of div 3) 16
Section 185-- 17
omit. 18
Clause 55 Amendment of s 203 (Content requirements for 19
submitted EM plan) 20
(1) Section 203(2)(c), after `continuous improvement'-- 21
insert-- 22
`Example-- 23
24
revision, as a result of ongoing assessment of monitoring
25
and research trials, of the indicators and completion
26
criteria for rehabilitation stated in the environmental
27
authority'.
(2) Section 203-- 28
insert-- 29
`(3) The environmental protection objectives mentioned in 30
subsection (2)(b) must-- 31
s 56 36 s 58
Environmental Protection and Other Legislation
Amendment Bill 2005
(a) include specific rehabilitation objectives; and 1
(b) identify the indicators that will be measured to establish 2
when rehabilitation is, by reference to specific 3
completion criteria, complete. 4
`(4) The indicators mentioned in subsection (3)(b) may be 5
different for different parts of the land that have different 6
types of disturbance.'. 7
Clause 56 Amendment of s 210 (Conditions that may and must be 8
included in draft environmental authority) 9
Section 210-- 10
insert-- 11
`(4) Subject to subsection (3), the proposed conditions must 12
include conditions about rehabilitation objectives, indicators 13
and completion criteria.'. 14
Clause 57 Amendment of s 226 (Grant of application) 15
(1) Section 226(3)-- 16
omit, insert-- 17
`(3) The environmental authority must state its conditions in a way 18
that reflects the Minister's decision.'. 19
(2) Section 226-- 20
insert-- 21
`(5) The administering authority must also record in the register 22
that the conditions of the environmental authority were 23
decided by the Minister.'. s 24
Clause 58 Insertion of new s 226A 25
Chapter 5, part 6, division 7, subdivision 1-- 26
insert-- 27
s 59 37 s 59
Environmental Protection and Other Legislation
Amendment Bill 2005
`226A Submitted EM plan may be amended if conditions of 1
environmental authority are different to draft 2
`(1) This section applies if the conditions of an environmental 3
authority granted under section 226 are different to the 4
conditions in the draft environmental authority for the 5
application. 6
`(2) The environmental authority holder may submit an amended 7
version of the submitted EM plan for the application. 8
`(3) However, the amendments in the amended version-- 9
(a) can only be amendments that are necessary to ensure the 10
submitted EM plan for the environmental authority is 11
consistent with the conditions of the authority; and 12
(b) must comply with the requirements that apply under 13
section 203 for a submitted EM plan.'. 14
Clause 59 Amendment of s 238 (Who may apply) 15
Section 238-- 16
insert-- 17
`(2) An amendment application may be made under which the 18
holder of 2 or more environmental authorities (mining 19
activities) seeks a new project authority for all mining 20
activities for the authorities. 21
`(3) Subject to subsection (6), the new project authority sought 22
under subsection (2) must contain all conditions (the existing 23
conditions) of the environmental authorities. 24
`(4) Also, an amendment application may be made under which 25
the holder of an existing project authority seeks-- 26
(a) removal of a particular relevant mining tenement from 27
the project authority; and 28
(b) a new environmental authority (mining activities) for the 29
tenement. 30
`(5) Subject to subsection (6), the new environmental authority 31
sought under subsection (4) must contain all conditions (also 32
the existing conditions) of the project authority. 33
s 60 38 s 62
Environmental Protection and Other Legislation
Amendment Bill 2005
`(6) An application under subsection (2) or (4) may seek, for the 1
issue of the new authority, amendments to the existing 2
conditions that-- 3
(a) remove inconsistencies; or 4
(b) address changes in activities that will be authorised 5
under the authority. 6
`(7) Subsections (2) to (6) do not limit subsection (1).'. 7
Clause 60 Amendment of s 246 (Assessment level and EIS 8
decisions for application) 9
Section 246(2), after `standard criteria'-- 10
insert-- 11
`and whether section 247A applies'. 12
Clause 61 Amendment of s 247 (Ministerial decision about 13
assessment level and EIS decisions) 14
Section 247(7), after `standard criteria'-- 15
insert-- 16
`and whether section 247A applies'. 17
Clause 62 Replacement of s 247A (Criteria for making assessment 18
level decision) 19
Section 247A-- 20
omit, insert-- 21
`247A Significant increase must be decided in particular 22
cases 23
`(1) This section applies if-- 24
(a) the application relates to a new relevant mining lease or 25
mining claim for the environmental authority; or 26
(b) the application relates to an addition to the surface area 27
of a relevant mining lease for the environmental 28
authority; or 29
s 63 39 s 64
Environmental Protection and Other Legislation
Amendment Bill 2005
(c) the application relates to a change to the rehabilitation 1
objectives that is likely to result in significantly different 2
impacts on environmental values than the impacts 3
previously authorised under the environmental 4
authority. 5
`(2) The administering authority or EPA Minister must, despite 6
sections 246 and 247, decide that the level of environmental 7
harm caused by any relevant mining activity is likely to be 8
significantly increased.'. 9
Clause 63 Amendment of s 251 (Relevant application process 10
applies) 11
Section 251(1), `part 5, division 3, subdivisions 3 and 4, 12
apply'-- 13
omit, insert-- 14
`part 5 applies'. 15
Clause 64 Amendment of s 254 (Public notice of application) 16
(1) Section 254(1)-- 17
omit, insert-- 18
`(1) This section, and not section 211, applies for publication of
9
19
the application notice for an amendment application for an 20
environmental authority (mining lease) if there is no 21
certificate of public notice under the Mineral Resources Act, 22
section 64B or 252B,10 for a relevant mining lease or mining 23
claim for the amendment application.'. 24
(2) Section 254(2)(a)-- 25
omit, insert-- 26
`(a) give the application notice to-- 27
9 Section 211 (Public notice of application)
10 Mineral Resources Act, section 64B and 252B (Applicant's obligations for
certificate of public notice)
s 65 40 s 66
Environmental Protection and Other Legislation
Amendment Bill 2005
(i) each owner of land to which the amendment relates 1
(the relevant land) and any other land necessary 2
for access to the relevant land; and 3
(ii) each holder, or applicant for, an exploration permit 4
or mineral development licence over the relevant 5
land for a mineral other than a mineral to which the 6
proposed amendment relates; and 7
(iii) the relevant local government.'. 8
(3) Section 254(4)-- 9
omit. 10
Clause 65 Amendment of s 255 (Objection period) 11
(1) Section 255(1) and (2)-- 12
renumber as section 255(2) and (3). 13
(2) Section 255-- 14
insert-- 15
`(1) This section applies only if there is no certificate of public 16
notice under the Mineral Resources Act, section 64B or 252B, 17
for a relevant mining lease or mining claim for the amendment 18
application.'. 19
Clause 66 Replacement of s 259 (Transfer only by approval) 20
Section 259-- 21
omit, insert-- 22
`259 Transfer only by approval 23
`(1) This section applies to the following transfers-- 24
(a) the transfer of an environmental authority (mining 25
activities) to a person who does not already hold the 26
environmental authority; 27
(b) a transfer of an application for an environmental 28
authority (mining lease). 29
`(2) The transfer may be made only if-- 30
s 66 41 s 66
Environmental Protection and Other Legislation
Amendment Bill 2005
(a) an application for the transfer has been made under this 1
division (a transfer application); and 2
(b) the administering authority has approved the transfer. 3
`(3) 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 (mining 6
activities) under which 1 or more of the joint holders will 7
continue to hold the environmental authority. 8
`(4) A transfer application may be made under which-- 9
(a) the proposed transferor seeks to divide an environmental 10
authority (mining activities) held by the proposed 11
transferor into 2 or more environmental authorities 12
(mining activities); and 13
(b) the proposed transferor will remain the holder of one or 14
more of the environmental authorities or an interest in 15
them and transfer the rest to the proposed transferee. 16
`(5) Despite subsections (1) to (4)-- 17
(a) an environmental authority (prospecting) can not be 18
transferred; and 19
(b) a transfer application of a type mentioned in subsection 20
(4) can not be made for an environmental authority 21
(prospecting). 22
`(6) A transfer application can not be made for an application for 23
an environmental authority (mining activities) other than an 24
an environmental authority (mining lease). 25
`(7) Sections 260 to 266 apply for a transfer application for an 26
application for an environmental authority (mining lease)-- 27
(a) as if a reference otherwise to a holder of the 28
environmental authority were a reference to the 29
applicant for the authority; and 30
(b) as if a reference otherwise to the environmental 31
authority were a reference to the environmental 32
authority applied for. 33
`(8) In this section-- 34
s 67 42 s 69
Environmental Protection and Other Legislation
Amendment Bill 2005
transfer, of an application for an environmental authority 1
(mining lease), includes amending the application so that 2
someone other than the current applicant becomes an 3
applicant.'. 4
Clause 67 Amendment of s 260 (General requirements for transfer 5
application) 6
Section 260(4), `granted', second mention-- 7
omit, insert-- 8
`approved'. 9
Clause 68 Amendment of s 261 (Audit statement may be required) 10
(1) Section 261(2)-- 11
insert-- 12
`(c) state whether or not the amount of financial assurance 13
currently given, or proposed to be given for the 14
transferred environmental authority, has been worked 15
out in a way acceptable to the administering authority.'. 16
(2) Section 261-- 17
insert-- 18
`(3) For subsection (2)(c), an amount of financial assurance is 19
taken to have been worked out in a way acceptable to the 20
administering authority if it is worked out in the way provided 21
for in a relevant guideline, policy or rule published by the 22
administering authority.'. 23
Clause 69 Amendment of s 264 (Steps after making decision) 24
(1) Section 264(1), after `approve a transfer'-- 25
insert-- 26
`other than of a type mentioned in section 259(4)'. 27
(2) Section 264(2)-- 28
renumber as section 264(3). 29
s 70 43 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
(3) Section 264-- 1
insert-- 2
`(2) If the administering authority decides to approve a transfer of 3
a type mentioned in section 259(4), it must-- 4
(a) divide the relevant environmental authority as provided 5
for in the approval within 10 business days after the 6
decision is made; and 7
(b) record particulars of the division in the appropriate 8
register within 10 business days after the last of the 9
following events to happen-- 10
(i) the making of the decision; 11
(ii) the transferee becomes the holder of each relevant 12
mining tenement for each environmental authority 13
(a transferred authority) of which, under the 14
approval, the transferee is to become the holder; 15
(iii) if a person, other than the transferee, holds a 16
relevant mining tenement for a transferred 17
authority--the person ceases to be a holder of the 18
tenement; and 19
(c) give the transferee a copy of each transferred authority 20
of which they are a holder.'. 21
Clause 70 Insertion of new ch 5, pt 9A 22
Chapter 5-- 23
insert-- 24
s 70 44 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
`Part 9A Progressive rehabilitation 1
`Division 1 Certification of progressive 2
rehabilitation for level 1 mining 3
projects 4
`Subdivision 1 Progressive certification and its 5
effects 6
`266A What is progressive certification 7
`(1) The administering authority may, under this division, certify 8
that a particular area within a relevant mining tenement for a 9
level 1 mining project has been rehabilitated under all relevant 10
requirements of-- 11
(a) this Act; and 12
(b) the environmental authority (mining activities) under 13
which the mining project is authorised; and 14
(c) any relevant guideline or other document made under 15
this Act. 16
`(2) The certification is a progressive certification for the mining 17
tenement. 18
`(3) The area the subject of the progressive certification is a 19
certified rehabilitated area for the mining tenement. 20
`266B Effect of progressive certification 21
`(1) If progressive certification has been given for a mining 22
tenement, the requirements mentioned in section 266A(1) are 23
taken to have been complied with for the certified 24
rehabilitated area for the mining tenement. 25
`(2) Subsection (1) applies despite another provision of this Act or 26
any change in the requirements. 27
`(3) However, this section is subject to section 266C. 28
s 70 45 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
`266C Continuing responsibility of environmental authority 1
holder relating to certified rehabilitated area 2
`(1) This section applies if progressive certification has been given 3
for a mining tenement. 4
`(2) The holder of the environmental authority to which the 5
mining tenement relates must maintain the certified 6
rehabilitated area for the mining tenement under the 7
conditions of the authority in force when the certification was 8
given (the existing conditions). 9
`(3) Any change to the conditions of the environmental authority is 10
of no effect to the extent it purports to impose a more stringent 11
obligation for the certified rehabilitated area than any 12
obligation applying under the existing conditions. 13
14
Example of a change to impose a more stringent requirement--
15
A change to an existing condition to require rehabilitation to alter a
16
gradient to a lower slope is more stringent because of the necessarily
17
increased costs of recontouring the gradient.
`(4) The obligation under subsection (2) ends on the last of the 18
following to happen-- 19
(a) the surrender under the Mineral Resources Act of the 20
mining tenement, or part of the mining tenement; 21
(b) the environmental authority ends or ceases to have 22
effect; 23
(c) if the existing conditions include a condition requiring 24
compliance with an obligation after the authority ends 25
or ceases to have effect--compliance with the condition. 26
`Subdivision 2 Applying for progressive 27
certification 28
`266D Who may apply for progressive certification 29
`The holder of an environmental authority (mining activities) 30
under which a level 1 mining project is authorised may apply 31
for progressive certification for a relevant mining tenement for 32
the environmental authority. 33
s 70 46 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
`266E Requirements for application 1
`(1) The application must be-- 2
(a) in the approved form; and 3
(b) supported by enough information to enable the 4
administering authority to decide the application; and 5
(c) accompanied by-- 6
(i) a progressive rehabilitation report for the 7
environmental authority (mining activities); and 8
(ii) an audit statement for the report; and 9
(iii) the fee prescribed under a regulation. 10
`(2) The progressive rehabilitation report must comply with 11
section 266G. 12
`(3) The audit statement must-- 13
(a) be made for the environmental authority holder; and 14
(b) state-- 15
(i) the extent to which activities carried out under the 16
environmental authority relating to the proposed 17
certified rehabilitated area for the relevant mining 18
tenement have complied with the conditions of the 19
environmental authority; and 20
(ii) the extent to which the progressive rehabilitation 21
report is accurate. 22
`266F Amending application 23
`(1) The applicant may, at any time before the administering 24
authority decides the application, amend the application. 25
`(2) However, the amendment may be made only by giving the 26
administering authority a written notice stating the 27
amendment. 28
`(3) The notice must be accompanied by the fee prescribed under a 29
regulation. 30
s 70 47 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
`(4) If the progressive rehabilitation report or audit statement 1
require changes to accommodate the amended application, the 2
changes or amended documents must accompany the notice. 3
`Subdivision 3 Progressive rehabilitation report 4
`266G Requirements for progressive rehabilitation report 5
`(1) The progressive rehabilitation report must-- 6
(a) contain the information required under section 274 for a 7
final rehabilitation report, as if a reference in that 8
section to the land were a reference to the proposed 9
certified rehabilitated area; and 10
(b) include-- 11
(i) a map of an appropriate scale that shows the 12
proposed certified rehabilitated area; and 13
(ii) relevant information to locate the proposed 14
certified rehabilitated area, including, for example, 15
GPS information or a survey; and 16
(iii) an environmental risk assessment for the proposed 17
certified rehabilitated area; and 18
(c) if progressive certification has previously been given for 19
a relevant mining tenement for the environmental 20
authority-- 21
(i) state when the certification was given; and 22
(ii) identify the certified rehabilitated area the subject 23
of the certification. 24
`(2) The environmental risk assessment must-- 25
(a) comply with a methodology published by the 26
administering authority; and 27
(b) identify all credible risks for the proposed certified 28
rehabilitated area; and 29
s 70 48 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
(c) evaluate the likelihood and consequences of events that 1
reach a threshold of significance published by the 2
administering authority. 3
`266H Amending report 4
`(1) The applicant may, at any time before the administering 5
authority decides the application, amend the progressive 6
rehabilitation report that accompanied the application (the 7
original report). 8
`(2) However, the amendment may be made only by giving the 9
administering authority a written notice stating the 10
amendment. 11
`(3) The notice must be accompanied by the fee prescribed under a 12
regulation. 13
`(4) For this part, the original report is taken to be the progressive 14
rehabilitation report as amended from time to time by any 15
notice given under this section. 16
`266I Assessment report may be given 17
`(1) The administering authority may give the applicant an 18
assessment report about the progressive rehabilitation report. 19
`(2) However, the report must be given-- 20
(a) within 30 business days after the application is made; or 21
(b) if the applicant has amended the application or 22
progressive rehabilitation report within the 30 business 23
days--within 30 business days after notice of the 24
amendment is given under section 266H 25
`Subdivision 4 Processing application 26
`266J Deciding application 27
`The administering authority must decide give or refuse the 28
progressive certification-- 29
s 70 49 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
(a) within 40 business days after the application is made; or 1
(b) if the applicant has amended the application or 2
progressive rehabilitation report--within 40 business 3
days after notice of the amendment is given under 4
section 266H. 5
`266K Criteria for decision 6
`(1) In deciding the application, the administering authority 7
must-- 8
(a) comply with any relevant EPP requirement; and 9
(b) subject to paragraph (a), consider the following-- 10
(i) the standard criteria; 11
(ii) the progressive rehabilitation report; 12
(iii) the audit statement for the report; 13
(iv) any relevant assessment report given under section 14
266I; 15
(v) another matter prescribed under an environmental 16
protection policy or a regulation. 17
`(2) The administering authority must not give the progressive 18
certification unless it is satisfied with the environmental risk 19
assessment included in the progressive rehabilitation report, 20
and-- 21
(a) it is satisfied the conditions of the environmental 22
authority (mining activities) have been complied with in 23
relation to the proposed certified rehabilitated area; or 24
(b) it is satisfied the land on which each relevant mining 25
activity has been carried out in relation to the proposed 26
certified rehabilitated area has been satisfactorily 27
rehabilitated; or 28
(c) if a regulation has prescribed another circumstance for 29
this section--the administering authority is satisfied 30
with the circumstance. 31
s 70 50 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
`266L Steps after making decision 1
`(1) If the administering authority decides the application, it must, 2
within 10 business days after the decision is made-- 3
(a) if the decision was to give the progressive 4
certification-- 5
(i) record particulars of the certification in the 6
appropriate register; and 7
(ii) give the applicant written notice of the decision; or 8
(b) if the decision was to refuse the progressive 9
certification--give the applicant an information notice 10
about the decision. 11
`(2) However, if, under section 266N, a residual risk payment has 12
been required for the proposed certified rehabilitated area, the 13
administering authority need not act under subsection (1)(a) 14
until the requirement has been complied with. 15
`Division 2 Payment for residual risks of 16
rehabilitation 17
`266M Application of div 2 18
`This division applies if progressive certification has been 19
applied for for a relevant mining tenement for an 20
environmental authority (mining activities). 21
`266N Payment may be required for residual risks 22
`(1) Subject to sections 266O and 266P, the administering 23
authority may require the applicant to pay it a stated amount 24
for the residual risks of the proposed certified rehabilitated 25
area for the mining tenement. 26
`(2) The requirement must be included in, or be accompanied by, 27
an information notice about the decision to make the 28
requirement. 29
s 70 51 s 70
Environmental Protection and Other Legislation
Amendment Bill 2005
`(3) The amount may be included in the financial assurance for the 1
environmental authority until surrender, under the Mineral 2
Resources Act, of the relevant mining tenement. 3
`266O Criteria for decision to make requirement 4
`The administering authority may require the payment only if 5
it is satisfied it is justified having regard to-- 6
(a) the degree of risk of environment harm that is likely to 7
happen if the proposed certified rehabilitated area is 8
managed under the relevant requirements of this Act and 9
instruments made under it; and 10
(b) the likelihood of action being needed to-- 11
(i) reinstate rehabilitation that fails to establish a safe, 12
stable and self-sustaining ecosystem; or 13
(ii) restore the environment because of environmental 14
harm resulting from mining activities, despite the 15
rehabilitation; or 16
17
Example of environmental harm--
18
surface accumulation of contaminants
(iii) maintain environmental management processes 19
needed to protect the environment; or 20
21
Examples of things that may be used for an environmental
22
management process--
23
fences, pumps and water polishing wetlands
(c) the cost of likely action in comparison with the cost of 24
best practice environmental management of the similar 25
use of land that has not previously been affected by 26
mining activities. 27
`266P Amount and form of payment 28
`(1) The administering authority must decide the amount and form 29
of the payment. 30
`(2) The administering authority may decide the amount by 31
reference to a guideline or other publicly available document. 32
s 71 52 s 72
Environmental Protection and Other Legislation
Amendment Bill 2005
`(3) Despite subsections (1) and (2), the administering authority 1
must not require a payment of an amount more than the 2
amount that, in the authority's opinion, represents the likely 3
rehabilitation costs. 4
`(4) In this section-- 5
likely rehabilitation costs means all likely costs and expenses 6
that may be incurred in taking action to rehabilitate or restore 7
and protect the environment because of environmental harm 8
that may be caused by the residual risks of the proposed 9
certified rehabilitated area.'. 10
Clause 71 Amendment of s 268 (Surrender only by approval) 11
Section 268(1), `An environmental authority'-- 12
omit, insert-- 13
`Subject to section 269A, an environmental authority'. 14
Clause 72 Replacement of s 269 (Surrender may be partial) 15
Section 269-- 16
omit, insert-- 17
`269 Partial surrenders 18
`(1) A surrender application may be made for, and the 19
administering authority may approve a surrender of, part of an 20
environmental authority (mining activities). 21
`(2) Without limiting subsection (1), if-- 22
(a) under the Mineral Resources Act, the holder of an 23
environmental authority (mining activities) seeks to 24
surrender (the tenement surrender) all or part of a 25
relevant mining tenement for the environmental 26
authority; and 27
(b) were the tenement surrender to be made under that Act, 28
some mining tenements, or parts of mining tenements, 29
would remain as relevant mining tenements for the 30
environmental authority; 31
s 72 53 s 72
Environmental Protection and Other Legislation
Amendment Bill 2005
a surrender application may be made for, and the 1
administering authority may approve a surrender of, the parts 2
of the environmental authority that relate to the tenement 3
surrender. 4
`(3) However, a surrender application mentioned in subsection (2) 5
can not be made if the tenement surrender is a conditional 6
surrender. 7
`(4) Without limiting sections 277 and 278, the administering 8
authority may refuse a surrender application under this section 9
if-- 10
(a) the administering authority considers that it is 11
appropriate to amend the environmental authority to 12
reflect the partial surrender; and 13
(b) the applicant has not made an amendment application 14
for the part of the environmental authority not sought to 15
be surrendered. 16
`269A Conditional surrender of environmental authority 17
(mining activities) 18
`(1) This section applies if, under the Mineral Resources Act, the 19
holder of an environmental authority (mining activities) (the 20
old authority) seeks a conditional surrender (the tenement 21
surrender) of all or part of a relevant mining tenement for the 22
environmental authority. 23
`(2) The holder may apply for-- 24
(a) approval to surrender the part of the old authority that 25
relates to the tenement surrender; and 26
(b) the issuing of a another environmental authority (mining 27
activities) (the new authority) that relates to land the 28
subject of the tenement surrender; and 29
(c) any amendment of the old authority needed to reflect the 30
partial surrender and the issuing of the new authority. 31
`(3) The application must-- 32
(a) state the extent of mining activities carried out on the 33
land the subject of the tenement surrender; and 34
s 73 54 s 73
Environmental Protection and Other Legislation
Amendment Bill 2005
(b) propose-- 1
(i) the amount of financial assurance for the new 2
authority, verified by an audit statement; and 3
(ii) any amendment of the old authority sought under 4
subsection (2)(c); and 5
(iii) the conditions of the new authority. 6
`(4) If the administering authority grants the application it may 7
take the steps mentioned in subsection (2) without the 8
applicant having made a surrender application for the old 9
authority or an environmental authority application for the 10
new authority. 11
`(5) For applying section 303(3)(a)11 in relation to the new 12
authority, the new mining tenement is a relevant mining 13
tenement. 14
`(6) The audit statement must-- 15
(a) be made by or for the applicant; and 16
(b) state whether or not the proposed amount of financial 17
assurance for the environmental authority has been 18
worked out in the way decided by the administering 19
authority, under section 364(3).'. 20
Clause 73 Amendment of s 274 (Content requirements for report) 21
(1) Section 274(e)-- 22
renumber as section 274(h). 23
(2) Section 274-- 24
insert-- 25
`(e) state details of-- 26
(i) the monitoring program and the results of 27
monitoring rehabilitation indicators required under 28
any condition of the environmental authority; and 29
11 Section 303 (Restrictions on environmental authority or transfer taking effect)
s 74 55 s 74
Environmental Protection and Other Legislation
Amendment Bill 2005
(ii) any consultation with members of the public, 1
community groups, government agencies, and 2
other bodies in relation to the completion criteria 3
for rehabilitation, as stated in the environmental 4
authority; and 5
(f) state an environmental risk assessment of the land; and 6
(g) propose the residual risks associated with the 7
rehabilitation of the land, worked out under a guideline 8
or other document publicly available from the 9
administering authority. 10
11
Examples of proposed residual risks--
12
· the present value of the future costs of likely repairs
13
· necessary monitoring and maintenance costs
14
· ongoing management costs'.
(3) Section 274-- 15
insert-- 16
`(2) The environmental risk assessment must-- 17
(a) use a methodology agreed to by the administering 18
authority; and 19
(b) show any part of the land that is likely to change or fail 20
to the extent that monitoring, maintenance, 21
reconstruction or other remedial action may be 22
necessary.'. 23
Clause 74 Amendment of s 278 (Criteria for decision) 24
(1) Section 278, heading, `decision'-- 25
omit, insert-- 26
`decisions'. 27
(2) Section 278(1)(b)(ii) to (v)-- 28
renumber as section 278(1)(b)(iii) to (vi). 29
(3) Section 278(1)(b)-- 30
insert-- 31
s 75 56 s 75
Environmental Protection and Other Legislation
Amendment Bill 2005
`(ii) any monitoring results relating to the rehabilitated 1
area the subject of the application;'. 2
(4) Section 278(1)-- 3
insert-- 4
`(c) if a progressive certification has been given for a 5
relevant mining tenement for the environmental 6
authority-- 7
(i) confirm that the certified rehabilitated area for the 8
mining tenement still meets the criteria under 9
section 266K against which it was certified; and 10
(ii) if the confirmation is made--give full effect to the 11
certification.'. 12
Clause 75 Insertion of new ss 278A and 278B 13
After section 278-- 14
insert-- 15
`278A Directions to carry out rehabilitation may be given if 16
surrender refused 17
`If the administering authority decides to refuse a surrender 18
application, it may, with the notice of the refusal required 19
under section 279, give the applicant a written direction to 20
carry out further stated rehabilitation within a stated 21
reasonable period. 22
`278B Payment may be required for residual risks of 23
rehabilitation 24
`(1) This section applies only for a surrender application for an 25
environmental authority (mining activities). 26
`(2) To remove any doubt, it is declared that this section does not 27
apply for an application under section 269A.12 28
12 Section 269A (Conditional surrender of environmental authority (mining activities))
s 76 57 s 77
Environmental Protection and Other Legislation
Amendment Bill 2005
`(3) The administering authority may require the applicant to pay 1
it a stated amount for the residual risks of the area the subject 2
of the application. 3
`(4) If a progressive certification has previously been given for a 4
relevant mining tenement for the environmental authority, the 5
administering authority must, in deciding to require the 6
payment-- 7
(a) confirm that the area still meets the criteria under 8
section 266K against which it was certified; and 9
(b) take into account any previous payment for the 10
progressive certification.13'. 11
Clause 76 Amendment of s 279 (Steps after making decision) 12
(1) Section 279(a)(ii)-- 13
omit, insert-- 14
`(ii) give the applicant-- 15
(A) written notice of the decision; and 16
(B) an information notice about any decision 17
under section 278B for the application; or'. 18
(2) Section 279(b), after `decision', second mention-- 19
insert-- 20
`and any rehabilitation direction decided to be given with the 21
notice of the refusal'. 22
Clause 77 Insertion of new s 279A 23
Chapter 5, part 10-- 24
insert-- 25
13 See part 9A, division 2 (Payment for residual risks of rehabilitation).
s 78 58 s 80
Environmental Protection and Other Legislation
Amendment Bill 2005
`279A Restriction on surrender taking effect if payment 1
required for residual risks 2
`(1) This section applies if the applicant has, under section 278B, 3
been required to pay an amount for residual risks of the area 4
the subject of a surrender application. 5
`(2) Despite section 279(1), until the requirement has been 6
complied with-- 7
(a) a decision to approve the surrender does not take effect; 8
and 9
(b) particulars of the surrender must not be recorded under 10
section 279(1)(a)(i).'. 11
Clause 78 Amendment of s 289 (False or misleading information 12
about environmental audits) 13
Section 289(1) and (2), penalties-- 14
omit, insert-- 15
`Maximum penalty--1665 penalty units or 2 years 16
imprisonment.'. 17
Clause 79 Amendment of s 298 (Notice of proposed action decision) 18
Section 298(1), `a standard environmental authority (mining 19
activities)'-- 20
omit, insert-- 21
`an environmental authority for a level 2 mining project'. 22
Clause 80 Amendment of s 358 (When order may be issued) 23
Section 358(d)-- 24
insert-- 25
`(viii)a rehabilitation direction.'. 26
s 81 59 s 84
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 81 Amendment of s 364 (When financial assurance may be 1
required) 2
Section 364(5), `or site management plan'-- 3
omit, insert-- 4
`, site management plan or relevant development approval'. 5
Clause 82 Amendment of s 366 (Application for amendment or 6
discharge of financial assurance) 7
Section 366-- 8
insert-- 9
`(7) Subsection (8) applies if-- 10
(a) the application-- 11
(i) is to amend or discharge financial assurance for an 12
environmental authority; and 13
(ii) it was made because of a transfer application for 14
the environmental authority; and 15
(b) the administering authority decides to make the 16
amendment or discharge applied for. 17
`(8) Despite the decision, the administering authority may 18
withhold making the amendment or discharge until-- 19
(a) the transfer application has been approved; and 20
(b) any financial assurance for the authority required to be 21
given by the transferee has been given; and 22
(c) the transfer has taken effect.'. 23
Clause 83 Amendment of s 436 (Unlawful environmental harm) 24
Section 436(3)(a), `or a code of environmental compliance'-- 25
omit. 26
Clause 84 Amendment of s 480 (False, misleading or incomplete 27
documents) 28
Section 480(1), penalty-- 29
s 85 60 s 86
Environmental Protection and Other Legislation
Amendment Bill 2005
omit, insert-- 1
`Maximum penalty--1665 penalty units or 2 years 2
imprisonment.'. 3
Clause 85 Amendment of s 481 (False or misleading information) 4
Section 481(1), penalty-- 5
omit, insert-- 6
`Maximum penalty--1665 penalty units or 2 years 7
imprisonment.'. 8
Clause 86 Amendment of s 492 (Responsibility for acts or 9
omissions of representatives) 10
Section 492-- 11
insert-- 12
`(4) In this section-- 13
representative, of a person, means-- 14
(a) if the person is a corporation-- 15
(i) an executive officer, employee or agent of the 16
corporation; and 17
(ii) if, under the Corporations Act, the corporation (the 18
parent corporation) controls another corporation 19
or another corporation is a subsidiary of the parent 20
corporation-- 21
(A) the controlled corporation or the subsidiary 22
corporation; and 23
(B) an executive officer, employee or agent of 24
the controlled corporation or the subsidiary 25
corporation; or 26
(b) if the person is an individual--an employee or agent of 27
the individual.'. 28
s 87 61 s 90
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 87 Amendment of s 540 (Required registers) 1
Section 540(1)(e)(vii), after `submitted'-- 2
insert-- 3
`progressive and'. 4
Clause 88 Amendment of s 549 (Minister may approve standard 5
environmental conditions) 6
Section 549(1), after `an environmentally relevant activity'-- 7
insert-- 8
`, or aspects of an environmentally relevant activity,'. 9
Clause 89 Amendment of s 549A (When standard environmental 10
conditions must be complied with) 11
Section 549A(3), `section 435A does'-- 12
omit, insert-- 13
`sections 435A and 435B do'.14
14
Clause 90 Amendment of s 619 (Continuing effect of particular 15
environmental authorities) 16
(1) Section 619(1), after `chapter 4 activity'-- 17
insert-- 18
`(other than an approval mentioned in section 624(1)(b))'. 19
(2) Section 619(2)(e), after `--the authority'-- 20
insert-- 21
`(including as it has effect as a registration certificate and as a 22
development approval)'. 23
(3) Section 619(3), after `environmental authority for a chapter 4 24
activity'-- 25
14 Section 435A (Offence to contravene standard environmental conditions) and 435B
(Registered operator responsible for ensuring conditions complied with)
s 91 62 s 91
Environmental Protection and Other Legislation
Amendment Bill 2005
insert-- 1
`(other than an approval mentioned in section 624(1)(b))'. 2
Clause 91 Amendment of s 624 (Effect of commencement on 3
particular approvals) 4
(1) Section 624(1)-- 5
omit, insert-- 6
`(1) This section applies for a person who immediately before the 7
commencement of this section was the operator of, and was 8
carrying out, a level 2 chapter 4 activity under-- 9
(a) a development approval in force immediately before the 10
commencement; or 11
(b) an approval that-- 12
(i) is mentioned in-- 13
(A) the repealed Environmental Protection 14
(Interim) Regulation 1995, (the repealed 15
regulation) as in force on 1 March 1995, 16
section 63 or 65; or 17
(B) the repealed regulation, as in force on 28 18
June 1996, section 65; and 19
(ii) was in force immediately before the 20
commencement.15 21
`(1A) However, this section does not apply if the activity is 22
authorised under an environmental authority to which section 23
619 applies.'. 24
(2) Section 624(2)(b)-- 25
omit, insert-- 26
15 repealed Environmental Protection (Interim) Regulation 1995 as in force on 1
March 1995, section 63 (Transitional provision about works for level 2 activities) or
65 or as in force on 28 June 1996, section 65 (Transitional provisions about sch 1,
item 3)
s 92 63 s 94
Environmental Protection and Other Legislation
Amendment Bill 2005
`(b) for an approval mentioned in subsection (1)(b)--the 1
approval ceases to have effect on the first of the 2
following to happen-- 3
(i) the person carrying out the activity changes; 4
(ii) there is a material change of use of premises for the 5
activity, as defined under the Integrated Planning 6
Act, section 1.3.5, definition material change of 7
use, paragraph (a) or (b); 8
(iii) a development approval for the activity takes 9
effect.'. 10
(3) Section 624-- 11
insert-- 12
`(5) To remove any doubt, it is declared that the registration 13
certificate does not limit or otherwise affect subsection (2)(a) 14
or (b).'. 15
Clause 92 Omission of s 629 (Continuing operation of s 594 (Limited 16
application of s 427 for transitional authority)) 17
Section 629-- 18
omit. 19
Clause 93 Amendment of s 631 (Financial assurance if security for 20
related petroleum authority is monetary) 21
Section 631(2), `the section'-- 22
omit, insert-- 23
`either section mentioned in subsection (1)(b)'. 24
Clause 94 Amendment of s 632 (Financial assurance if security for 25
related petroleum authority is non-monetary) 26
Section 632(3), `the section'-- 27
omit, insert-- 28
`either section mentioned in subsection (1)(b)'. 29
s 95 64 s 96
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 95 Amendment of s 634 (Amendment of financial assurance 1
condition under this part) 2
(1) Section 634(3)-- 3
omit. 4
(2) Section 634(4)-- 5
renumber as section 634(3). 6
Clause 96 Insertion of new ch 13, pt 8 7
After section 641-- 8
insert-- 9
`Part 8 Transitional provision for 10
Environmental Protection and 11
Other Legislation Amendment 12
Act 2005 13
`642 EISs currently undergoing EIS process 14
`Sections 56A and 56B do not apply for an EIS if the draft 15
terms of reference for the EIS were, under section 41, 16
submitted before the commencement of sections 56A and 17
56B. 18
`643 Transitional provision for amended ss 619 and 624 19
`(1) Subsection (2) applies if, immediately before the 20
commencement of this section, section 619 applied in relation 21
to an approval mentioned in section 624(1)(b), as in force on 22
the commencement of this section, 23
`(2) To remove any doubt, it is declared that section 619, as 24
amended by the Environmental Protection and Other 25
Legislation Amendment Act 2005, ceases to apply in relation 26
to the approval on the commencement of this section.'. 27
s 97 65 s 98
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 97 Amendment of sch 1 (Original decisions) 1
(1) Schedule 1, part 1, division 3-- 2
insert-- 3
`266J Refusal of progressive certification
266N Requirement to make residual risk payment
278A Decision to give rehabilitation direction
278B Requirement to make residual risk payment.'.
(2) Schedule 1, part 2, division 3, entry for section 297(1), `a 4
standard environmental authority (mining activities).'-- 5
omit, insert-- 6
`an environmental authority for a level 2 mining project'. 7
Clause 98 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definitions EIS process, representative and 9
transfer application-- 10
omit. 11
(2) Schedule 3-- 12
insert-- 13
`certified rehabilitated area, for a mining tenement, see 14
section 266A(3). 15
conditional surrender, of a mining tenement, means a 16
surrender in relation to the tenement of a type mentioned in 17
the Mineral Resources Act, section 107(7), 161(4), 210(13) or 18
309(12). 19
EIS process, for an EIS, means-- 20
(a) the process under chapter 3, part 1; and 21
(b) the seeking and giving, under chapter 3, part 1, division 22
7, subdivision 1, of advice, comment or information in 23
relation to the EIS. 24
level 2 chapter 4 activity means a chapter 4 activity that is a 25
level 2 environmentally relevant activity. 26
s 98 66 s 98
Environmental Protection and Other Legislation
Amendment Bill 2005
progressive certification, for a mining tenement, see section 1
266A(2). 2
project authority see section 155(4)(a). 3
rehabilitation direction means a direction given under section 4
278A. 5
residual risks, of a proposed certified rehabilitated area for a 6
mining tenement, means all or any of the following-- 7
(a) the risk that, although the rehabilitation appeared to be 8
satisfactory when the area was assessed for an 9
application for progressive certification or for 10
surrender-- 11
(i) it will, in the foreseeable future, fail to perform as 12
predicted in a relevant progressive rehabilitation 13
report or final rehabilitation report; and 14
(ii) the failure will result in the need for repair, 15
replacement or maintenance work for the area; 16
(b) the risk that the area will need ongoing management; 17
18
Examples of ongoing management--
19
· maintenance of fences to ensure the safety of steep
20
slopes or to prevent access to contaminated areas
21
· providing a pump-back system to manage the
22
discharge of contaminants
(c) the risk of contaminants being released from the area by 23
animals, water or wind and potentially causing 24
environmental harm that may require a program to 25
monitor what management action should be taken in 26
relation to the release. 27
transfer application for-- 28
(a) chapter 4A--see section 129(2)(a); or 29
(b) chapter 5--see section 259(2)(a).'. 30
(3) Schedule 3, definition amendment application, paragraph (b), 31
`section 238'-- 32
omit, insert-- 33
`section 238(1)'. 34
s 98 67 s 98
Environmental Protection and Other Legislation
Amendment Bill 2005
(4) Schedule 3, definition EIS assessment report, `section 57'-- 1
omit, insert-- 2
`section 57(2)'. 3
(5) Schedule 3, definition mobile and temporary environmentally 4
relevant activity, subparagraph (c)(i), from `but, other than' to 5
`calendar year'-- 6
omit. 7
(6) Schedule 3, definition, non-code compliant authority, 8
paragraph (b), `section 154(5)'-- 9
omit, insert-- 10
`section 148(5)'. 11
(7) Schedule 3, definition public notice requirement, `section 12
122(1)'-- 13
omit, insert-- 14
`section 122(2)'. 15
(8) Schedule 3, definition submitted EM plan, `environment 16
management plan'-- 17
omit, insert-- 18
`environmental management plan'. 19
(9) Schedule 3, definition submitted EM plan, after `section 20
204,'-- 21
insert-- 22
`226A,'. 23
s 99 68 s 100
Environmental Protection and Other Legislation
Amendment Bill 2005
Part 5 Amendment of Forestry Act 1
1959 2
Clause 99 Act amended in pt 5 and schedule 3
(1) This part amends the Forestry Act 1959. 4
(2) The schedule also includes amendments of that Act. 5
Clause 100 Amendment of s 35 (Granting of permit for land within 6
State forest) 7
(1) Section 35(1)(c)-- 8
omit, insert-- 9
`(c) permits to graze stock (stock grazing permits) for a term 10
fixed by the chief executive that-- 11
(i) generally--is no more than 7 years; or 12
(ii) if the permit is for land in an SEQFA forest 13
reserve--ends no later than 31 December 2024; 14
or'. 15
(2) Section 35(1A), from `However' to `stock grazing permit'-- 16
omit, insert-- 17
`If the term of an occupation permit or stock grazing permit, 18
other than a stock grazing permit for land in an SEQFA forest 19
reserve,'. 20
(3) Section 35, after subsection (1A)-- 21
insert-- 22
`(1AB) The chief executive may extend the term of a stock grazing 23
permit granted over land in an SEQFA forest reserve for a 24
term that ends no later than 31 December 2024.'. 25
(4) Section 35(1B), `In addition'-- 26
omit, insert-- 27
`Despite subsections (1) to (3)'. 28
(5) Section 35(1A) to (3)-- 29
s 101 69 s 103
Environmental Protection and Other Legislation
Amendment Bill 2005
renumber as section 35 (2) to (6). 1
(6) Section 35-- 2
insert-- 3
`(7) In this section-- 4
SEQFA forest reserve means a forest reserve under the 5
Nature Conservation Act 1992 the dedication of which was in 6
force immediately before the commencement of this 7
definition.'. 8
Clause 101 Amendment of s 73 (Unlawfully using State forests etc.) 9
Section 73(1)(e), before `traverses'-- 10
insert-- 11
`other than in accordance with a regulatory notice,'. 12
Part 6 Amendment of Integrated 13
Planning Act 1997 14
Clause 102 Act amended in pt 6 15
This part amends the Integrated Planning Act 1997. 16
Clause 103 Amendment of s 1.3.5 (Definitions for terms used in 17
development) 18
Section 1.3.5, definition material change of use-- 19
insert-- 20
`(c) the continuation of an environmentally relevant activity 21
on the premises if-- 22
(i) an approval for the activity ceases to have effect 23
because of the operation of the Environmental 24
s 104 70 s 105
Environmental Protection and Other Legislation
Amendment Bill 2005
Protection Act 1994, section 619(2)(e) or 1
624(2)(b);16 or 2
(ii) there is no development approval for the activity 3
and it was, at any time before 4 October 2004, 4
carried out without an environmental authority as 5
required under the Environmental Protection Act 6
1994.17'. 7
Clause 104 Amendment of s 1.4.1 (Lawful uses of premises on 30 8
March 1998) 9
Section 1.4.1-- 10
insert-- 11
`(2) To remove any doubt, it is declared that subsection (1) does 12
not, and has never, affected or otherwise limited a requirement 13
under another Act to obtain an approval for the existing use. 14
`(3) In this section-- 15
approval includes an environmental authority under the 16
Environmental Protection Act 1994, as in force from time to 17
time from 30 March 1998.'. 18
Clause 105 Amendment of s 3.8.1 (Mobile and temporary 19
environmentally relevant activities) 20
(1) Section 3.8.1(1), after `Environmental Protection Act 1994,'-- 21
insert-- 22
`carrying out'. 23
(2) Section 3.8.1(2)-- 24
insert-- 25
`(e) written consent of the person (the applicant) who 26
applied for the development approval is required for any 27
16 Environmental Protection Act 1994, section 619 (Continuing effect of particular
environmental authorities) or 624 (Effect of commencement on particular approvals)
17 See also section 6.6.1 (Deferment of application of s 4.3.1 to particular material
changes of use).
s 106 71 s 109
Environmental Protection and Other Legislation
Amendment Bill 2005
one who carries out the activity the subject of the 1
approval who is not an agent or employee of the 2
applicant.'. 3
Clause 106 Amendment of s 4.3.1 (Carrying out assessable 4
development without permit) 5
(1) Section 4.3.1(1), `start assessable development'-- 6
omit, insert-- 7
`carry out assessable development'. 8
(2) Section 4.3.1(2), `section 4.3.6'-- 9
omit, insert-- 10
`sections 4.3.6 and 4.3.6A'. 11
Clause 107 Amendment of s 4.3.3 (Compliance with development 12
approval) 13
Section 4.3.3(2), `section 4.3.6'-- 14
omit, insert-- 15
`sections 4.3.6 and 4.3.6A'. 16
Clause 108 Amendment of s 4.3.4 (Compliance with identified codes 17
about use of premises) 18
Section 4.3.4(2), `section 4.3.6'-- 19
omit, insert-- 20
`sections 4.3.6 and 4.3.6A'. 21
Clause 109 Amendment of s 4.3.5 (Offences about the use of 22
premises) 23
Section 4.3.5, `section 4.3.6'-- 24
omit, insert-- 25
`sections 4.3.6 and 4.3.6A'. 26
s 110 72 s 111
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 110 Amendment of s 4.3.6 (Development or use carried out in 1
emergency) 2
(1) Section 4.3.6, heading-- 3
omit, insert-- 4
`4.3.6 General exemption for emergency development or use'. 5
(2) Section 4.3.6(1)(a), `starts development or a use'-- 6
omit, insert-- 7
`carries out development or a use, other than operational work 8
that is tidal works,'. 9
Clause 111 Insertion of new s 4.3.6A 10
After section 4.3.6-- 11
insert-- 12
`4.3.6A Coastal emergency exemption for operational work 13
that is tidal works 14
`(1) This section applies to operational work (the emergency 15
work) if all of the following circumstances apply-- 16
(a) the emergency work is tidal works; 17
(b) other than for this section, a development permit would 18
have been required to carry out the emergency work; 19
(c) the emergency work is necessary to ensure the following 20
are not, or are not likely to be, endangered by a coastal 21
emergency-- 22
(i) the structural safety of an existing structure for 23
which there is a development permit for 24
operational work that is tidal works; or 25
(ii) the life or health of a person; or 26
(iii) the structural safety of a building. 27
`(2) Sections 4.3.1, 4.3.3, 4.3.4 and 4.3.5 do not apply to a person 28
who carries out the emergency work if-- 29
(a) the person has made a safety management plan for the 30
emergency work, after having regard to the following 31
matters-- 32
s 111 73 s 111
Environmental Protection and Other Legislation
Amendment Bill 2005
(i) the long-term safety of members of the public who 1
have access to the emergency work or any structure 2
to which the emergency work relates; 3
(ii) if practicable, the advice of any registered 4
professional engineer who has conducted an audit 5
of any structure to which the emergency work 6
relates; and 7
(b) the person complies with the safety management plan; 8
and 9
(c) the person takes reasonable precautions and exercises 10
proper diligence to ensure the emergency work, and any 11
structure to which the emergency work relates, are in a 12
safe condition; and 13
(d) without limiting paragraph (c), the person commissions 14
a registered professional engineer to conduct an audit of 15
any structure to which the emergency work relates, to 16
ensure the emergency work and the structure are in a 17
safe condition; and 18
(e) as soon as reasonably practicable after starting the 19
emergency work, the person-- 20
(i) makes a development application for any 21
development permit that would otherwise be 22
required for the work; and 23
(ii) gives the assessment manager for the application 24
written notice of the work and a copy of the safety 25
management plan. 26
`(3) However, subsection (2) does not apply if the person is 27
required by an enforcement notice or order to stop carrying 28
out the emergency work. 29
`(4) Also, subsection (2) ceases to apply, if the development 30
application is refused. 31
`(5) If, under subsection (4), subsection (2) ceases to apply, the 32
person must remove the emergency work as soon as 33
practicable. 34
Maximum penalty--1665 penalty units. 35
`(6) In this section-- 36
s 112 74 s 113
Environmental Protection and Other Legislation
Amendment Bill 2005
registered professional engineer means a registered 1
professional engineer under the Professional Engineers Act 2
2002 or a person registered as a professional engineer under 3
an Act of another State.'. 4
Clause 112 Insertion of new ch 6, pt 6 5
After section 6.5.1-- 6
insert-- 7
`Part 6 Transitional provision for 8
Environmental Protection and 9
Other Legislation Amendment 10
Act 2005 11
`6.6.1 Deferment of application of s 4.3.1 to particular 12
material changes of use 13
`Section 4.3.1 does not apply to the carrying out of a material 14
change of use of premises mentioned in section 1.3.5, 15
definition material change of use, paragraph (c), until 12 16
months after the commencement of that paragraph.'. 17
Clause 113 Amendment of sch 8 (Assessable development and 18
self-assessable development) 19
(1) Schedule 8, part 1, table 2, item 1, including heading-- 20
omit, insert-- 21
s 114 75 s 115
Environmental Protection and Other Legislation
Amendment Bill 2005
`For an environmentally relevant activitya
1 Making a material change of use of premises for an environmentally
relevant activity, other than--
(a) a mining activity; or
(b) a petroleum activity; or
(c) a mobile and temporary environmentally relevant activity; or
(d) an environmentally relevant activity, or aspects of an
environmentally relevant activity, for which a code of
environmental compliance has been made under the
Environmental Protection Regulation 1998.'.
a Table 2, item 1 originally commenced 1 July 1998, and was subsequently amended.
(2) Schedule 8, part 2, table 5-- 1
omit, insert-- 2
`Table 5: Various aspects of development
For an environmentally relevant activity
1 An environmentally relevant activity, or aspects of an environmentally
relevant activity, for which a code of environmental compliance has been
made under the Environmental Protection Regulation 1998, other than--
(a) a mining activity; or
(b) a mobile and temporary environmentally relevant activity; or
(c) a petroleum activity.'.
Part 7 Amendment of Marine Parks 3
Act 2004 4
Clause 114 Act amended in pt 7 5
This part amends the Marine Parks Act 2004. 6
Clause 115 Amendment of s 21 (Zoning plan) 7
Section 21, `A regulation may prescribe'-- 8
s 116 76 s 118
Environmental Protection and Other Legislation
Amendment Bill 2005
omit, insert-- 1
`The Governor in Council may approve'. 2
Clause 116 Amendment of s 23 (Preparation of final plan) 3
Section 23-- 4
insert-- 5
`(2) The final zoning plan-- 6
(a) is subordinate legislation; and 7
(b) does not have effect until the later of the following-- 8
(i) the day it is approved by the Governor in Council 9
under section 21; 10
(ii) the commencement day stated in the plan.'. 11
Clause 117 Amendment of s 25 (Amendment of zoning plan) 12
Section 25(1), `A regulation may amend'-- 13
omit, insert-- 14
`The Governor in Council may approve an amendment of'. 15
Clause 118 Amendment of s 27 (Preparation of final amendment) 16
Section 27-- 17
insert-- 18
`(2) The final amendment-- 19
(a) is subordinate legislation; and 20
(b) does not have effect until the later of the following-- 21
(i) the day it is approved by the Governor in Council 22
under section 25; 23
(ii) the commencement day stated in the amendment.'. 24
s 119 77 s 123
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 119 Amendment of s 28 (Tabling of statement with zoning 1
plan or amendment) 2
Section 28(2), `regulation prescribing or amending the zoning 3
plan'-- 4
omit, insert-- 5
`zoning plan or amendment'. 6
Clause 120 Amendment of s 43 (Entry or use for a prohibited 7
purpose) 8
(1) Section 43(2)-- 9
omit. 10
(2) Section 43(3) and (4)-- 11
renumber as section 43(2) and (3). 12
Clause 121 Amendment of s 131 (Proceedings for indictable offence) 13
Section 131(4), `165 penalty units'-- 14
omit, insert-- 15
`1665 penalty units'. 16
Clause 122 Amendment of s 155 (Existing zoning plans) 17
Section 155(2), `prescribed'-- 18
omit, insert-- 19
`approved'. 20
Clause 123 Insertion of new s 155A 21
After section 155-- 22
insert-- 23
`155A Continuation of making and approval of zoning plan 24
or amendment 25
`(1) This section applies if, before the commencement of this 26
section-- 27
s 123 78 s 123
Environmental Protection and Other Legislation
Amendment Bill 2005
(a) a zoning plan, or an amendment of a zoning plan, was in 1
preparation for making and approval under the 1982 Act 2
but was not made; or 3
(b) a zoning plan, or an amendment of a zoning plan, was 4
made under the 1982 Act, but was not approved by the 5
Governor in Council under that Act. 6
`(2) If this section applies because of subsection (1)(a), the chief 7
executive may make the plan or amendment, and the 8
Governor in Council may approve it, as if this Act had not 9
been enacted. 10
`(3) If this section applies because of subsection (1)(b), the 11
Governor in Council may approve the plan or the amendment 12
as if this Act had not been enacted. 13
`(4) A zoning plan approved under subsection (2) or (3)-- 14
(a) is taken to be a zoning plan approved under section 21; 15
and 16
(b) is to be read with the changes necessary to make it 17
consistent with, and adapt its operation to, this Act; and 18
(c) may be amended or repealed under this Act. 19
`(5) However, the zoning plan, as made and approved, may 20
provide for matters in a way that is consistent with this Act, 21
rather than the repealed Act. 22
`(6) Also, the zoning plan-- 23
(a) may be for a marine park declared under section 8; and 24
(b) may provide for all the matters mentioned in section 25
24(2). 26
`(7) An amendment of a zoning plan approved under subsection 27
(2) or (3)-- 28
(a) is taken to be an amendment of a zoning plan approved 29
under section 25; and 30
(b) is to be read with the changes necessary to make it 31
consistent with, and adapt its operation to, this Act. 32
s 124 79 s 124
Environmental Protection and Other Legislation
Amendment Bill 2005
`(8) However, the amendment, as made and approved, may 1
provide for matters in a way that is consistent with this Act, 2
rather than the repealed Act. 3
`(9) In this section-- 4
1982 Act means the Marine Parks Act 1982 as in force from 5
time to time before its repeal under this Act.'. 6
Clause 124 Insertion of new s 156A 7
After section 156-- 8
insert-- 9
`156A Continuation of preparation and approval of 10
management plan 11
`(1) This section applies if, before the commencement of this 12
section-- 13
(a) the preparation of a management plan under the 1990 14
regulation was started and was not finished; or 15
(b) a management plan was prepared under the 1990 16
regulation, but the Minister had not approved the plan 17
under that regulation. 18
`(2) If this section applies because of subsection (1)(a), the chief 19
executive may continue and finish the preparation of the plan, 20
and the Minister may approve it, as if this Act had not been 21
enacted. 22
`(3) If this section applies because of subsection (1)(b), the 23
Minister may approve the plan as if this Act had not been 24
enacted. 25
`(4) A plan approved under subsection (2) or (3)-- 26
(a) is taken to be a management plan approved under 27
section 29; and 28
(b) is to be read with the changes necessary to make it 29
consistent with, and adapt its operation to, this Act; and 30
(c) may be amended or repealed under this Act. 31
s 125 80 s 127
Environmental Protection and Other Legislation
Amendment Bill 2005
`(5) However, the management plan, as prepared and approved, 1
may provide for matters in a way that is consistent with this 2
Act, rather than the repealed Act. 3
`(6) In this section-- 4
1990 regulation means the Marine Parks Regulation 1990 as 5
in force from time to time before the repeal of the Marine 6
Parks Act 1982.'. 7
Clause 125 Amendment of schedule (Dictionary) 8
(1) Schedule, definitions management plan and zoning plan-- 9
omit. 10
(2) Schedule-- 11
insert-- 12
`management plan, for a marine park, means a management 13
plan in force for the park under this Act. 14
zoning plan, for a marine park, means a zoning plan in force 15
for the park under this Act.'. 16
Part 8 Amendment of Mineral 17
Resources Act 1989 18
Clause 126 Act amended in pt 8 19
This part amends the Mineral Resources Act 1989. 20
Clause 127 Amendment of s 64A (Issue of certificate of public notice) 21
Section 64A(1)(b)(i), from `code compliant application'-- 22
omit, insert-- 23
`code compliant application and, under that Act, the mining 24
registrar has been given a copy of the relevant code of 25
s 128 81 s 129
Environmental Protection and Other Legislation
Amendment Bill 2005
environmental compliance containing the standard 1
environmental conditions; or'. 2
Clause 128 Amendment of s 252A (Issue of certificate of public 3
notice) 4
Section 252A(1)(b)(i), from `code compliant application'-- 5
omit, insert-- 6
`code compliant application and, under that Act, the mining 7
registrar has been given a copy of the relevant code of 8
environmental compliance containing the standard 9
environmental conditions; or'. 10
Clause 129 Amendment of s 391A (Restriction on decisions or 11
recommendations about mining tenements) 12
(1) Section 391A(6)-- 13
renumber as section 391(7). 14
(2) Section 391A-- 15
insert-- 16
`(6) To remove any doubt, it is declared that for this section, a 17
reference to the issuing of an environmental authority includes 18
a reference to an environmental authority that, under the 19
Environmental Protection Act, section 164 or 168 is taken to 20
have been issued.18'. 21
18 Environmental Protection Act, section 164 (Automatic issuing of code compliant
authority if no relevant mining claim or mining lease) or 168 (Automatic issuing of
code compliant authority in particular circumstances)
s 130 82 s 132
Environmental Protection and Other Legislation
Amendment Bill 2005
Part 9 Amendment of Nature 1
Conservation Act 1992 2
Clause 130 Act amended in pt 9 and schedule 3
(1) This part amends the Nature Conservation Act 1992. 4
(2) The schedule also includes amendments of that Act. 5
Clause 131 Amendment of s 34 (Leases etc. over protected areas) 6
Section 34(1), `other than a'-- 7
omit, insert-- 8
`other than an agreement or a'. 9
Clause 132 Amendment of s 45 (Conservation agreements) 10
(1) Section 45(1), after paragraph (c)-- 11
omit, insert-- 12
`(d) the terms of a proposed conservation agreement for the 13
area to be made between the State and the land-holders; 14
the Minister must, for the State, enter into the conservation 15
agreement.'. 16
(2) Section 45(2) and (3)-- 17
omit, insert-- 18
`(2) However, if the rights of any of the following persons will be 19
materially affected by the conservation agreement, the 20
Minister must not enter into it without that person's written 21
consent-- 22
(a) if land in the area is subject to a lease or mining 23
interest--the lessee or interest holder; 24
(b) if land in the area is subject to an encumbrance--the 25
person entitled to the benefit of the encumbrance.'. 26
(3) Section 45(4) to (6)-- 27
renumber as section 45(3) to (5). 28
s 133 83 s 137
Environmental Protection and Other Legislation
Amendment Bill 2005
(4) Section 45(5), as renumbered, `subsection (5)'-- 1
omit, insert-- 2
`subsection (4)'. 3
Clause 133 Amendment of s 62 (Restriction on taking etc. of cultural 4
and natural resources of protected areas) 5
Section 62(7), definition authorised person-- 6
omit. 7
Clause 134 Replacement of s 70R (Expiry) 8
Section 70R-- 9
omit, insert-- 10
`70R Expiry 11
`This part expires on 31 December 2025.'. 12
Clause 135 Amendment of s 88 (Restrictions on taking protected 13
animal and keeping or use of unlawfully taken protected 14
animal) 15
Section 88(6), definition authorised person-- 16
omit. 17
Clause 136 Amendment of s 88A (Restriction on keeping or use of 18
lawfully taken protected animal) 19
Section 88A(3)-- 20
omit. 21
Clause 137 Amendment of s 88B (Offence to keep or use native 22
wildlife reasonably suspected to have been unlawfully 23
taken) 24
(1) Section 88B(1), after penalty-- 25
insert-- 26
s 138 84 s 140
Environmental Protection and Other Legislation
Amendment Bill 2005
`Examples of when an offence is committed under subsection (1)-- 1
2
A buys and keeps the native wildlife mentioned in item 1 or 2, under the
3
circumstances mentioned in the item. A is not an authorised person. A did
4
not buy the wildlife from the State. A reasonable person in A's
5
circumstances ought to have suspected that the wildlife may have been
6
unlawfully taken.
7
1 A buys protected wildlife from B at a market stall. Before buying
8
the wildlife A asked B for evidence that it had been lawfully taken.
9
In response, B replied that B did not have that evidence and that B
10
bought the wildlife from someone else whom B did not know.
11
2 A holds a licence under this Act to keep particular protected
12
wildlife. A buys protected wildlife of that type from B. Under this
13
Act, to keep or deal with the wildlife, B must hold a particular type
14
of licence. A regulation requires that B must, before the sale is
15
completed, fill in a movement advice in the approved form for the
16
movement of the wildlife because of the sale. The approved form
17
requires a written acknowledgement by A as the person to whom
18
the wildlife is being moved. B has not shown to A that B holds a
19
licence to keep and deal with the wildlife. A did not give the
20
acknowledgement.'.
(2) Section 88B(3), definition authorised person-- 21
omit. 22
Clause 138 Amendment of s 89 (Restriction on taking etc. protected 23
plants) 24
Section 89(5), definition authorised person-- 25
omit. 26
Clause 139 Amendment of s 90 (Restriction on using particular 27
protected plants) 28
Section 90(2)-- 29
omit. 30
Clause 140 Amendment of s 91 (Restriction on release etc. of 31
international and prohibited wildlife) 32
Section 91(3)-- 33
omit. 34
s 141 85 s 143
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 141 Amendment of s 97 (Restriction taking etc. of native 1
wildlife in areas of major interest and critical habitats) 2
Section 97(5)-- 3
omit. 4
Clause 142 Amendment of s 111 (Management plans) 5
(1) Section 111(1)(b)(i)-- 6
omit, insert-- 7
`(i) a nature refuge, under section 49;19 or'. 8
(2) Section 111-- 9
insert-- 10
`(7) The Minister may after the declaration of a nature refuge, 11
other than under section 49, prepare a management plan for 12
the area of the refuge if the land-holder of the area agrees.'. 13
Clause 143 Amendment of s 135 (Chief executive may inquire into 14
applications) 15
(1) Section 135(1)(a), `renewal of, a'-- 16
omit, insert-- 17
`for the renewal of, a lease, agreement,'. 18
(2) Section 135-- 19
insert-- 20
`(4) In this section-- 21
applicant, in relation to an expression of interest, means the 22
person who has submitted to the chief executive the 23
expression of interest. 24
application, for a lease, agreement, licence permit or other 25
authority, includes an expression of interest for the lease, 26
agreement, licence, permit or other authority.'. 27
19 Section 49 (Compulsory declaration of nature refuge)
s 144 86 s 144
Environmental Protection and Other Legislation
Amendment Bill 2005
Clause 144 Insertion of new ss 184A and 184B 1
After section 184-- 2
insert-- 3
`184A Provision to allow horse riding in particular former 4
forest reserves until 24 November 2013 5
`(1) This section applies if a forest reserve prescribed under a 6
regulation is dedicated as a national park (recovery). 7
`(2) Despite sections 15, 19A and 34,20 a regulation may, until 23 8
November 2013, authorise a person to carry out horse riding 9
in the national park (recovery). 10
`(3) This section expires on 23 November 2013. 11
`184B Provision for stock grazing permits for former 12
SEQFA forest reserves 13
`(1) This section applies if-- 14
(a) land in an SEQFA forest reserve is, after the 15
commencement of this section, dedicated as a national 16
park or national park (recovery); and 17
(b) immediately before the dedication, a stock grazing 18
permit (the former permit) under the Forestry Act 1959, 19
section 35,21 was in force for the land. 20
`(2) On the dedication-- 21
(a) the former permit ends; and 22
(b) the chief executive is taken to have granted the holder of 23
the former permit a previous use authority under section 24
36.22 25
`(3) The previous use authority is taken to-- 26
20 Sections 15 (Management of protected areas), 19A (Management principles of
national parks (recovery)) and 34 (Leases etc. over protected areas)
21 Forestry Act 1959, section 35 (Granting of permit for land within State forest)
22 Section 36 (Authorities for new national park or national park (recovery))
s 145 87 s 145
Environmental Protection and Other Legislation
Amendment Bill 2005
(a) allow the use of the land, as provided for under the 1
former permit, to continue only for the rest of the term 2
stated in the permit; and 3
(b) require its grantee to continue to comply with all 4
conditions of the former permit and requirements under 5
the Forestry Act 1959, or of the chief executive of the 6
department in which that Act is administered, that relate 7
to stock grazing permits or the use as if-- 8
(i) the former permit had continued in force; and 9
(ii) the land were land in an SEQFA forest reserve. 10
`(4) In this section-- 11
SEQFA forest reserve means a forest reserve the dedication 12
of which was in force immediately before the commencement 13
of this definition.'. 14
Clause 145 Amendment of schedule (Dictionary) 15
(1) Schedule-- 16
insert-- 17
`authorised person means any of the following-- 18
(a) the chief executive, performing functions under this Act; 19
(b) a public service employee of the department performing 20
functions under this Act for the chief executive; 21
(c) a conservation officer who is not an employee of the 22
department and who is performing functions under this 23
Act for the chief executive.'. 24
(2) Schedule, definition State land, paragraph (c), after `Land Act 25
1994'-- 26
insert-- 27
`, unless the land is in a forest reserve'. 28
s 146 88 s 148
Environmental Protection and Other Legislation
Amendment Bill 2005
Part 10 Amendment of Queensland 1
Heritage Act 1992 2
Clause 146 Act amended in pt 10 3
This part amends the Queensland Heritage Act 1992. 4
Clause 147 Amendment of s 35 (Application for exemption 5
certificate) 6
(1) Section 35(2) to (4)-- 7
renumber as section 35(3) to (5). 8
(2) Section 35(1)-- 9
omit, insert-- 10
`(1) A person may apply to the council for an exemption certificate 11
to carry out, on a registered place, development mentioned in 12
subsection (5) if the person is 1 of the following persons for 13
the place-- 14
(a) its owner, including the State if the State is its owner; 15
(b) its trustee; 16
(c) its occupier; 17
(d) its lessee. 18
`(2) However, an occupier or lessee may make the application only 19
if the owner has given written consent to the making of the 20
application.'. 21
Clause 148 Replacement of s 37 (Council may give certificate of 22
exemption without application) 23
Section 37-- 24
omit, insert-- 25
s 149 89 s 151
Environmental Protection and Other Legislation
Amendment Bill 2005
`37 Council may give exemption certificate without 1
application 2
`(1) The council may give a person an exemption certificate to 3
carry out, on a registered place, development mentioned in 4
section 35(5) if the person is-- 5
(a) the owner of the registered place; or 6
(b) a local government or government entity who is the 7
trustee of the registered place. 8
`(2) The exemption certificate may be given at any time and 9
without the person having applied under section 35.'. 10
Clause 149 Amendment of s 38 (Exemption certificate for liturgical 11
purposes) 12
Section 38, `section 35(4)(b)'-- 13
omit, insert-- 14
`section 35(5)(b)'. 15
Clause 150 Amendment of s 39 (Heritage agreements) 16
Section 39-- 17
insert-- 18
`(5) In this section-- 19
owner, of a registered place, includes a local government or 20
government entity who is the trustee of the place.'. 21
Clause 151 Amendment of schedule (Dictionary) 22
Schedule-- 23
insert-- 24
`government entity see the Public Service Act 1996, section 25
21.'. 26
s 152 90 s 155
Environmental Protection and Other Legislation
Amendment Bill 2005
Part 11 Amendment of Statutory 1
Instruments Act 1992 2
Clause 152 Act amended in pt 11 3
This part amends the Statutory Instruments Act 1992. 4
Clause 153 Amendment of sch 2A (Subordinate legislation to which 5
part 7 does not apply) 6
Schedule 2A, after entry for Weapons Categories Regulation 7
1997-- 8
insert-- 9
`a management plan under the Wet Tropics World Heritage 10
Protection and Management Act 1993'. 11
Part 12 Amendment of Wet Tropics 12
World Heritage Protection and 13
Management Act 1993 14
Clause 154 Act amended in pt 12 and schedule 15
(1) This part amends the Wet Tropics World Heritage Protection 16
and Management Act 1993. 17
(2) The schedule also includes amendments of that Act. 18
Clause 155 Amendment of s 4 (Definitions) 19
(1) Section 4, `In this Act--' 20
omit, insert-- 21
`The dictionary in schedule 3 defines particular words used in 22
this Act.'. 23
(2) Section 4, definition agreement, `16 November 1990'-- 24
s 156 91 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
omit, insert-- 1
`15 December 1995'. 2
(3) Section 4, definitions native wildlife, plant, rare wildlife and 3
threatened wildlife, `section 7'-- 4
omit, insert-- 5
`schedule'. 6
(4) Section 4, definitions, as amended under this section-- 7
relocate to schedule 3, as inserted under this Act. 8
Clause 156 Amendment of s 53 (Review of plans) 9
Section 53(1)-- 10
omit, insert-- 11
`(1) The authority must review the operation of each management 12
plan-- 13
(a) no later than 10 years after its approval; and 14
(b) before the end of each subsequent period of 10 years 15
after its approval.'. 16
Clause 157 Replacement of sch 1 (Wet tropics world heritage area 17
management scheme) 18
Schedule 1-- 19
omit, insert-- 20
s 157 92 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
`Schedule 1 Management scheme 1
intergovernmental 2
agreement for the Wet 3
Tropics of Queensland 4
World Heritage Area 5
schedule 3, definition agreement 6
Background 7
The broad basis for the establishment of a management 8
scheme for the Wet Tropics of Queensland World Heritage 9
Area was the Agreement signed by the Prime Minister and the 10
Premier of Queensland in November 1990. This Agreement 11
sets out broad structural and funding arrangements for the 12
management scheme. 13
The Wet Tropics World Heritage Protection and Management 14
Act 1993 (Queensland) was subsequently developed in close 15
cooperation with the Commonwealth and commenced (with 16
the exception of ss.56 and 57) on 1 November 1993. 17
Complementary Commonwealth legislation, Wet Tropics of 18
Queensland World Heritage Area Conservation Act 1994 19
(Commonwealth) commenced on 15 March 1994. 20
Apart from the development of legislation, a number of other 21
changes necessitate updating of the original Agreement. 22
These include changes to public service arrangements in 23
Queensland, practical arrangements which have evolved in 24
relation to the management of the Area and the expiry of the 25
three year period to which some of the initial funding 26
arrangements applied. 27
As the original Agreement forms a schedule to the 28
Queensland Act, and is referred to in the Commonwealth Act, 29
it is important that it be updated to reflect both practical and 30
statutory realities. 31
s 157 93 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
Primary Goal 1
To provide for the implementation of Australia's international 2
duty for the protection, conservation, presentation, 3
rehabilitation and transmission to future generations of the 4
Wet Tropics of Queensland World Heritage Area within the 5
meaning of the World Heritage Convention. 6
Structure of the Management Scheme 7
The elements of the management scheme are the-- 8
· Ministerial Council, consisting of Commonwealth and 9
State Ministers; 10
· Wet Tropics Management Authority consisting of a 11
Board of Directors, an Executive Director and staff; and 12
· Community Consultative Committee, the Scientific 13
Advisory Committee and such other advisory 14
committees as the Authority considers appropriate. 15
With the exception of the Ministerial Council, all of these 16
elements are established under the Queensland Act. 17
Wet Tropics Ministerial Council 18
The joint Ministerial Council will comprise four members, 19
with two members each nominated by the Commonwealth 20
and Queensland. The Ministerial Council will be chaired by 21
the Minister administering the Queensland Act (a Queensland 22
Minister). 23
The Executive Director of the Wet Tropics Management 24
Authority will be Secretary to the Ministerial Council. 25
A quorum shall be one Minister from each Government and 26
the Council will meet at least once a year. 27
The Ministerial Council's function shall be to co-ordinate 28
policy and funding for the Wet Tropics of Queensland 29
between the Commonwealth and Queensland Governments at 30
a Ministerial level and, where appropriate, to liaise with the 31
Management Authority and the Board of Directors. 32
s 157 94 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
The Ministerial Council-- 1
· shall nominate the Chairperson of the Board of the 2
Authority for appointment under the Queensland Act by 3
the Queensland Governor in Council; 4
· shall consult with the Board of the Authority and the 5
Queensland Minister on the appointment of the 6
Executive Director of the Authority; 7
· shall co-ordinate policy and funding for Wet Tropics 8
management between the two Governments; 9
· shall recommend to the Queensland Governor in 10
Council approval of management plans under the 11
Queensland Act; 12
· shall approve annual and other programs for 13
implementing approved management plans; 14
· may recommend financial appropriations from the 15
respective Governments; 16
· shall approve or amend and approve draft budgets 17
submitted by the Authority within 60 days of the 18
submission being made; and 19
· may approve Authority annual reports for transmission 20
to both Parliaments. 21
Wet Tropics Management Authority 22
The Wet Tropics Management Authority is a statutory body 23
under the Queensland Act. The Authority has a Board of 24
Directors, an Executive Director and staff. 25
Board of Directors 26
The Board will comprise six directors. The Chairperson shall 27
be appointed on the nomination of the Ministerial Council. 28
Two directors shall be appointed on the nomination of the 29
Commonwealth and two on the nomination of the State. The 30
Executive Director of the Authority is also a director of the 31
Board but does not have any voting rights. Other than the 32
s 157 95 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
Executive Director, directors shall be appointed by the 1
Queensland Governor in Council. 2
The appointment of a director is for a term of up to three 3
years. A director is eligible for reappointment unless the 4
director has completed six consecutive years as a director. A 5
director nominated by the Commonwealth or the Ministerial 6
Council may be removed from office only after consultation 7
with the Commonwealth or the Ministerial Council 8
respectively. 9
Persons appointed to the Board shall have qualifications or 10
extensive experience in a field related to the Authority's 11
functions, and shall not be officers of the public service of the 12
Commonwealth or the State. 13
Under the Commonwealth Act at least one of the 14
Commonwealth's nominees must be an Aboriginal person. 15
The Commonwealth and Queensland will consult on their 16
nominees prior to appointment by the Queensland Governor 17
in Council. 18
The Board is responsible for the way in which the Authority 19
performs its functions and exercises its powers. It is the 20
Board's role to decide the objectives, strategies and policies to 21
be followed by the Authority and to ensure that the Authority 22
performs its functions in a proper, effective and efficient way. 23
The Board may delegate its powers to an advisory committee, 24
a director or an officer or employee of the Authority. The 25
Board may not delegate its powers in relation to management 26
plans or the submission of draft budgets to Ministerial 27
Council. 28
The Management Authority is subject to the Ministerial 29
Council and will report, via its Chair, to the Council. In the 30
absence of a properly appointed Board at any time, such 31
reporting shall be through the Authority's Executive Director 32
as Secretary to Council. 33
The Board shall meet at least four times per year. Authority 34
resolutions and recommendations to Ministerial Council shall 35
be made through a majority vote. The Chair shall have a 36
casting vote as well as a deliberative vote. 37
s 157 96 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
Where circumstances necessitate, it shall be acceptable for the 1
Chair of the Board, in consultation with the Executive 2
Director, to make recommendations to the Ministerial Council 3
on behalf of the Authority. The Secretary to the Ministerial 4
Council may, under specific direction of the Council or 5
Council members, present material or make recommendations 6
directly to Council. 7
Observers 8
One official from each of the portfolios represented on 9
Ministerial Council may attend Board meetings as an 10
observer. These officials will be nominated by the respective 11
Ministers of those portfolios. Chairpersons of the Community 12
Consultative Committee and the Scientific Advisory 13
Committee may also attend Board meetings as observers. 14
Observers will not have voting rights. 15
Authority's Powers and Functions 16
The Authority's paramount function will be the responsibility 17
for achieving the primary management goal--the 18
implementation of Australia's international obligations for the 19
Area under the World Heritage Convention. 20
The Authority's functions are to-- 21
· develop and implement policies and programs in 22
relation to the management of the Wet Tropics Area; 23
· formulate performance indicators for the 24
implementation of policies and programs approved by 25
the Ministerial Council; 26
· advise and make recommendations to the Queensland 27
Minister and the Ministerial Council in relation to the 28
management of the Area and Australia's obligations 29
under the World Heritage Convention; 30
· prepare and ensure the implementation of management 31
plans for the Area; 32
· administer funding arrangements in relation to the Area; 33
s 157 97 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
· enter into, and facilitate the entering into, cooperative 1
management agreements (including joint management 2
agreements) with land-holders, Aboriginal people 3
particularly concerned with land in the Area and other 4
persons; 5
· enter into arrangements for the provision of 6
rehabilitation and restoration works in relation to any 7
land in the Area; 8
· gather, research, analyse and disseminate information 9
on the Area; 10
· develop public and community education programs in 11
relation to the Area; 12
· promote the Area locally, nationally and internationally; 13
· liaise with the Governments and authorities of the State, 14
the Commonwealth, other States and the Territories, and 15
international and foreign organisations and agencies; 16
· monitor the state of the Area; and 17
· advise and report to the Queensland Minister and the 18
Ministerial Council on the state of the Area. 19
The functions of the Authority to advise, report to and make 20
recommendations to the Minister and the Ministerial Council 21
may be performed by the Authority on request or on its own 22
initiative. 23
A cooperative management Agreement may make provision 24
for financial, scientific, technical or other assistance in 25
relation to the management of the Area. 26
The Authority must perform its functions in a way that is 27
consistent with the protection of the natural heritage values of 28
the Area. Subject to this requirement, in performing its 29
functions, the Authority must, as far as practicable, have 30
regard to the Aboriginal tradition of, and liaise and cooperate 31
with, Aboriginal people particularly concerned with land in 32
the Area. 33
Subject to performing its functions in a way which is 34
consistent with the protection of the natural heritage values of 35
the Area, the Authority must, as far as practicable, also 36
s 157 98 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
perform its functions in a way that is consistent with the 1
objectives and principles of the National Strategy for 2
Ecologically Sustainable Development and with the 3
Intergovernmental Agreement on the Environment. 4
The Area is large and extremely complex in terms of tenure 5
and use. Some people live in the Area and many live near to it. 6
Many people and groups visit the Area, have a legitimate 7
stake in its management, and a potentially profound effect on 8
its future. The Authority will be mindful of this in meeting the 9
primary goal. 10
In this context the Authority will work in partnership with the 11
community as a means of building a sense of ownership and 12
sharing both the benefits and burdens of sound management. 13
In particular, the Authority will consult with the community, 14
both through its committees and directly and extensively on 15
matters with significant community impact, such as 16
management plans. 17
The Authority will also endeavour, through its policies, 18
programs and consultation, to meet the spirit of the World 19
Heritage Convention by giving the Area a role in the life of 20
the community. 21
A high priority function of the Authority will be the 22
development of comprehensive statutory management plans 23
for the Area which fully address Australia's international 24
obligations. 25
As an important mechanism for protecting the Area and 26
ensuring Australia's international obligations are met, the 27
Authority will also be responsible for ensuring that otherwise 28
prohibited activities are permitted only under appropriate 29
circumstances. 30
Executive Director 31
The Executive Director is to be appointed under the Public 32
Service Management and Employment Act 1988 (Queensland) 33
after consultation between the Ministerial Council and the 34
Board. 35
s 157 99 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
The Executive Director is, under the Board, to manage the 1
Authority. Anything done in the name of, or on behalf of, the 2
Authority by the Executive Director is taken to have been 3
done by the Authority. 4
The Executive Director is a director of the Board and may 5
(subject to disclosure of interests as appropriate) take part in 6
any of the Board's deliberations but has no voting rights at a 7
meeting of the Board. The Executive Director holds the 8
position of Secretary to the Ministerial Council. The 9
Executive Director of the Authority shall identify a suitable 10
senior member of Authority staff to function as Secretary to 11
the Authority. 12
The Executive Director will develop, co-ordinate, implement 13
and monitor, subject to the approval of the Board and the 14
Ministerial Council, policies, plans and programs in order to 15
meet the primary goal. 16
Performance appraisal of the Executive Director shall be the 17
responsibility of the Board. The Board may undertake 18
performance appraisal itself or through contractual 19
arrangements with the Department administering the 20
Queensland Act or other suitable Department. 21
The principal functions and responsibilities of the Executive 22
Director shall be in accordance with the Authority's functions, 23
as set out above. 24
In addition, the Executive Director will be responsible for-- 25
· managing the Authority under the Board; 26
· administering the Queensland Act and any relevant 27
regulations in force; 28
· coordinating all secretariat and operational support for 29
the Ministerial Council, Board and official Committees; 30
· involving the community in the management of the 31
World Heritage Area; 32
· liaising with Government agencies and Local 33
Government authorities whose responsibilities affect or 34
are affected by the management of the Area; 35
s 157 100 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
· liaising with Aboriginal people particularly concerned 1
with the land; 2
· preparing and maintaining a comprehensive database of 3
management related information concerning all aspects 4
of the Area; 5
· developing mechanisms for facilitating and enhancing 6
the appreciation and enjoyment of the Area by the 7
public at large; 8
· directing all activities of Authority staff; 9
· exercising powers under relevant legislation including 10
delegated powers from the Ministerial Council or from 11
the Board; and 12
· preparing an annual report for the Board and the 13
Ministerial Council. 14
Staff of the Authority 15
Staff of the Authority will be employed under Queensland 16
legislation, and will be designated as staff of the Authority, 17
and not staff of any other Government body. 18
Commonwealth, Queensland or other State public servants 19
may be seconded to the Authority. 20
Staff employed by the Authority will be selected and 21
appointed in accordance with Queensland Public Sector 22
Management Commission procedures. 23
The Authority will establish supporting technical and 24
administrative links with the Department administering the 25
Queensland Act and/or other suitable Departments insofar as 26
this is necessary to implement the primary goal. 27
The Authority will have sufficient staff with appropriate 28
specialist expertise to ensure implementation of Australia's 29
international obligations under the World Heritage 30
Convention. 31
s 157 101 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
Advisory Committees 1
The Authority will establish a Community Consultative 2
Committee and a Scientific Advisory Committee. 3
The Authority should ensure advisory Committees are 4
broadly representative of their respective communities and 5
able to channel information and opinion effectively between 6
the community and the Board. In particular, the Authority 7
should ensure that Aboriginal interests are adequately 8
represented on each of its mandatory Committees. 9
The Authority should, within its human resource and budget 10
constraints, provide adequate resources to its Committees to 11
enable them to function effectively. 12
The Committees shall report through their chairpersons to the 13
Board of the Authority. Chairpersons of mandatory 14
committees or their delegates shall be invited to attend Board 15
meetings as observers. Chairpersons of other Authority 16
committees shall be invited to attend Board meetings at the 17
discretion of the Board. 18
Community Consultative Committee 19
The function of the Community Consultative Committee shall 20
be to advise the Authority on the views of the community on 21
the Authority's policies and programs in relation to the Wet 22
Tropics Area. In addition, the Community Consultative 23
Committee shall disseminate information provided at 24
Committee meetings on matters concerning-- 25
· the attitudes of the various communities of interest to 26
management objectives, plans, policies and actions 27
undertaken by the Authority; 28
· provision of essential services to communities within 29
and adjacent to the Area; 30
· provision for acceptable use of the Area compatible with 31
maintaining World Heritage values and integrity; and 32
· the relationship of non-government agencies to the 33
Authority. 34
s 157 102 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
Members of the Community Consultative Committee will 1
have a duty to seek the views of the communities of interest 2
that they represent on relevant issues. Committee members 3
will be expected to advance the views of the community of 4
interest they represent, to the best of their ability and 5
knowledge, rather than their own personal views. 6
Committee members and especially the chairperson of the 7
Committee will normally be chosen from among residents of 8
northern Queensland. Where public servants are appointed, 9
they will participate in their private capacity. 10
Scientific Advisory Committee 11
The function of the Scientific Advisory Committee shall be to 12
advise the Authority on scientific research that will contribute 13
to the protection and conservation of the Area and scientific 14
developments relevant to the protection or conservation of the 15
Area. In addition, the Scientific Advisory Committee shall 16
provide advice on-- 17
· scientific research and monitoring priorities which will 18
contribute to the protection, conservation, rehabilitation 19
and presentation of the Area; 20
· new information or developments in science relevant to 21
protection, conservation or presentation of the Area; 22
· scientific basis of management principles and practices; 23
· appropriateness of research proposed for approval by 24
the Authority and other relevant agencies in terms of 25
scope, quality and relevance to management of the Area; 26
· maintenance of World Heritage values and integrity of 27
the Area; and 28
· impacts of proposed developments on the World 29
Heritage values of the Area. 30
The Scientific Advisory Committee will have powers to 31
co-opt specialist advice. 32
s 157 103 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
Other Committees 1
The Authority may establish such other committees as it 2
considers appropriate. The Authority may specify the 3
functions of such committees, which may include advising the 4
Authority on the suitability of management plans, or on 5
matters generally relating to the management of the Area 6
(including its management having regard to the Aboriginal 7
tradition of Aboriginal people particularly concerned with 8
land in the Area). 9
On Ground Management 10
Day to day land management operations including 11
conservation, protection, rehabilitation and interpretation will 12
be coordinated by the Authority, and generally carried out by 13
land-holders and land managers including relevant 14
Queensland agencies. Government agencies will carry out 15
such management in accordance with plans, programs and 16
policies approved by the Ministerial Council. The Authority 17
will do everything in its power to ensure that non-Government 18
land-holders and managers also manage in accordance with 19
such plans, programs and policies. 20
Coordination of on-ground management operations of 21
Queensland Government agencies will be undertaken through 22
a principal agencies' forum. This will comprise senior 23
regional officers from the Queensland Departments of 24
Environment and Heritage, Primary Industries (Forest 25
Service) and Lands, and other Queensland Government 26
agencies at the discretion of the Executive Director of the 27
Authority. This forum will be chaired by the Executive 28
Director. 29
The Authority will undertake monitoring of the effectiveness 30
of on-ground operations with reference to Ministerial Council 31
policy and the primary management goal of implementing 32
Australia's international obligations under the World Heritage 33
Convention, and report on these to the Ministerial Council. 34
s 157 104 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
Management Plans 1
The Authority must prepare a management plan for the entire 2
Area (the Wet Tropics Plan) as soon as practicable after the 3
commencement of the Act. The Authority is also empowered 4
to prepare such other management plans as it considers 5
appropriate. A management plan may divide the area in 6
respect of which it is made into management zones. 7
The Authority must undertake public consultation during the 8
development of management plans and draft plans must be 9
exhibited for public comment. When preparing a draft or final 10
management plan the Authority must consider all submissions 11
properly made to it. The Authority must give a copy of the 12
final plan and a report on all submissions properly made in 13
relation to the plan to the Ministerial Council. 14
The Queensland Governor in Council may, by regulation, 15
approve a final management plan prepared by the Authority. 16
The approval of the Governor in Council may be made only 17
on the recommendation of the Ministerial Council. 18
The Authority must review the operation of each management 19
plan not later than seven years after its approval. 20
The preparation, implementation and review as required of the 21
Wet Tropics Plan and such other plans as it considers 22
necessary will be a high priority for the Authority. 23
Management plans will take full account of Australia's 24
international obligations, will be based on a comprehensive 25
data base of management-oriented information, and will 26
incorporate recognised scientific and conservation principles. 27
Management plans will prevail over Local Government 28
planning schemes to the extent of any inconsistency. A local 29
authority must not issue or give any approval, consent, permit 30
or other authority, in relation to a development on land in the 31
Area, that is inconsistent with a management plan. 32
Prohibited Acts 33
A person must not do or attempt to do a prohibited act in 34
relation to land within the Area unless the person is the holder 35
of a licence, permit or other authority-- 36
s 157 105 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
· issued or given by the Authority under a regulation; or 1
· issued or given under the Mineral Resources Act 1989 2
(Queensland); or 3
· issued or given by the Governor in Council under 4
another Queensland Act; or 5
· issued or given under the Commonwealth World 6
Heritage Properties Conservation Act 1983. 7
Prohibited acts will include-- 8
· in relation to a forestry operation 9
(a) destruction of forest products (i.e. a native plant, or 10
part thereof); or 11
(b) construction or establishment of a road or 12
vehicular track; or 13
(c) carrying out excavation works; or 14
· destroying a forest product unless exempted under a 15
regulation. 16
Legislative Arrangements 17
The management scheme will be based on the Queensland 18
Act and the Commonwealth Act. 19
This Agreement is scheduled to the Queensland Act and 20
referred to in the Commonwealth Act. To remove any doubt, 21
the Agreement referred to in each of these Acts is the 22
currently most up-to-date version of this Agreement, 23
notwithstanding any reference in either Act specifically to the 24
original Agreement. 25
Review of Management Arrangements 26
The Ministerial Council may conduct reviews at three yearly 27
intervals (or such other period as it deems appropriate) of the 28
effectiveness of the management scheme and this Agreement 29
in meeting the primary goal. The Ministerial Council may 30
agree on changes to the scheme or this Agreement to improve 31
their effectiveness. 32
s 157 106 s 157
Environmental Protection and Other Legislation
Amendment Bill 2005
In conducting any such reviews, the Ministerial Council will 1
have particular regard to-- 2
· progress in the development and implementation of any 3
statutory management plans; 4
· land tenure issues; and 5
· other relevant matters drawn to its attention by the 6
Authority and the principal land-holders. 7
Funding Arrangements 8
Funding arrangements will continue under an exchange of 9
letters by the State and Commonwealth Environment 10
Ministers until such time that the new Financial Agreement 11
has been signed by those Ministers. Funds will be 12
appropriated to the Authority in accordance with programs 13
and budgets approved by the Ministerial Council. 14
Addresses 15
The address of the Commonwealth Government for the 16
purposes of the Agreement shall, unless otherwise notified in 17
writing by the Commonwealth to Queensland, be-- 18
Secretary 19
Department of the Environment, Sport and Territories 20
GPO Box 787 21
CANBERRA ACT 2601 22
The address of the Queensland Government for the purposes 23
of the Agreement shall, unless otherwise notified in writing by 24
Queensland to the Commonwealth, be-- 25
Director-General 26
Department of Environment and Heritage 27
PO Box 155 28
BRISBANE ALBERT STREET QLD 4022 29
30
s 158 107 s 158
Environmental Protection and Other Legislation
Amendment Bill 2005
Signed for and on behalf of the 1
COMMONWEALTH by: 2
3
Senator the Hon John Faulkner ) 4
Minister for the Environment, ).............................. 5
Sport and Territories ) 6
7
in the presence of )............................ 8
) 9
Dated: 15 December 1995 10
11
12
Signed for and on behalf of the 13
STATE OF QUEENSLAND by: 14
15
The Hon Thomas Barton MLA ) 16
Minister for Environment )............................ 17
and Heritage ) 18
19
In the presence of )...........................) 20
Dated: 15 December 1995'. 21
Clause 158 Insertion of new sch 3 22
After schedule 2-- 23
insert-- 24
`Schedule 3 Dictionary 25
section 4'. 26
s 159 108 s 159
Environmental Protection and Other Legislation
Amendment Bill 2005
Part 13 Other amendments of Acts 1
Clause 159 Amendments in schedule 2
The schedule amends the Acts it mentions. 3
109
Environmental Protection and Other Legislation
Amendment Bill 2005
Schedule Minor amendments 1
sections 5(2), 12(2), 99(2), 130(2) and 159 2
Coastal Protection and Management Act 1995 3
1 Schedule, definition wildlife, `section 7'-- 4
omit, insert-- 5
`schedule'. 6
Environmental Protection Act 1994 7
1 Section 90, note, `on offence or in action'-- 8
omit, insert-- 9
`of an offence or an action'. 10
2 Section 96, heading, `applications'-- 11
omit, insert-- 12
`application'. 13
3 Section 131(1), note, `of the authority'-- 14
omit, insert-- 15
`of a code compliant authority'. 16
4 Section 140(2), `a stated a stated'-- 17
omit, insert-- 18
`a stated'. 19
110
Environmental Protection and Other Legislation
Amendment Bill 2005
Schedule (continued)
5 Section 426(3)-- 1
omit. 2
6 Section 594, `427'-- 3
omit, insert-- 4
`426'. 5
Forestry Act 1959 6
1 Section 58(1), from `Fire and' to `part 7'-- 7
omit, insert-- 8
`Fire and Rescue Service Act 1990, part 7,'. 9
2 Sections 62(1), 63(1)(b), 64(1), 65(2), (3) and (4), 68, 69(1), 10
and (3) and 102(1)(c), `Fire and Rescue Authority Act 11
1990'-- 12
omit, insert-- 13
`Fire and Rescue Service Act 1990'. 14
Nature Conservation Act 1992 15
1 Section 27(2)(a)(i), before `2004'-- 16
insert-- 17
`Act'. 18
2 Section 175(2)(b) second paragraph (q)-- 19
renumber as section 175(2)(r). 20
111
Environmental Protection and Other Legislation
Amendment Bill 2005
Schedule (continued)
Petroleum Act 1923 1
1 Section 4, `79QA'-- 2
omit, insert-- 3
`70QA'. 4
Petroleum and Gas (Production and Safety) Act 2004 5
1 Section 6A, `79QA'-- 6
omit, insert-- 7
`70QA'. 8
Wet Tropics World Heritage Protection and 9
Management Act 1993 10
1 Schedule 1, heading, `section 4'-- 11
omit, insert-- 12
`schedule 3'. 13
© State of Queensland 2005
[Index] [Search] [Download] [Related Items] [Help]