ENVIRONMENTAL PROTECTION ACT 1994

Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introductory provisions

1. Short title

Part 2--Object and achievement of Act

3. Object
4. How object of Act is to be achieved
5. Obligations of persons to achieve object of Act
6. Community involvement in administration of Act

Part 3--Interpretation

Division 1--Dictionary

7. Definitions—dictionary

Division 2--Key concepts
Subdivision 1--The environment and its values

8. Environment
9. Environmental value
Subdivision 2--Environmental contamination
10. Contamination
11. Contaminant
12. Noise
13. Waste
Subdivision 3--Environmental harm and nuisance
14. Environmental harm
15. Environmental nuisance
16. Material environmental harm
17. Serious environmental harm
17A. Exclusions
Subdivision 4--Environmentally relevant activities
18. Meaning of environmentally relevant activity
19. Environmentally relevant activity may be prescribed
Subdivision 5--Environmental management
21. Best practice environmental management

Part 4--Operation of Act

22. Act binds all persons
23. Relationship with other Acts
24. Effect of Act on other rights, civil remedies etc.
25. Extra-territorial application of Act

CHAPTER 2--ENVIRONMENTAL PROTECTION POLICIES

26. Minister may make policies
27. Scope of policies
28. Contents of policies
33. Policies are subordinate legislation
34. Giving effect to policies

CHAPTER 3--ENVIRONMENTAL IMPACT STATEMENTS

Part 1--EIS process

Division 1--Preliminary
Subdivision 1--Application

37. When EIS process applies
Subdivision 2--Definitions for pt 1
38. Who is an affected person for a project
39. Other definitions
Subdivision 3--Purposes of EIS and EIS process
40. Purposes

Division 2--Terms of reference stage
Subdivision 1--Draft terms of reference

41. Submission
Subdivision 2--Public notification of draft terms of reference
42. Preparation of TOR notice
43. Public notification
44. Proponent to be given comments
45. Advice to chief executive
Subdivision 3--Final terms of reference
46. Finalising terms of reference

Division 3--Submission stage

47. When EIS may be submitted
48. Chief executive may require copies of EIS
49. Decision on whether EIS may proceed
50. Ministerial review of refusal to allow to proceed

Division 4--Notification stage
Subdivision 1--Public notice requirements

51. Public notification
52. Required content of EIS notice
53. Declaration of compliance
Subdivision 2--Submissions
54. Right to make submission
55. Acceptance of submissions
56. Response to submissions
56A. Assessment of adequacy of response to submission and submitted EIS
56B. Ministerial review of refusal to allow submitted EIS to proceed

Division 5--EIS assessment report

57. EIS assessment report
58. Criteria for preparing report
59. Required content of report

Division 6--Completion of process

60. When process is completed

Division 7--Miscellaneous provisions
Subdivision 1--Inquiries by chief executive

61. Application of sdiv 1
62. Chief executive may seek advice, comment or information
63. Disclosure of relevant documents or information
64. Making of inquiry does not of itself alter EIS process
Subdivision 2--Public inspection
65. Public access to draft terms of reference or submitted EIS
Subdivision 3--Amending EIS
66. Amending EIS
Subdivision 4--Effects of noncompliance with process
67. Process is suspended
68. Substantial compliance with notice requirements may be accepted

Part 2--Voluntary preparation of EIS

69. Purpose of pt 2
70. Projects that may be approved for EIS
71. Requirements for application
72. Deciding application

CHAPTER 4--DEVELOPMENT APPROVALS AND REGISTRATION (OTHER THAN FOR MINING OR CHAPTER 5A ACTIVITIES)

Part 1--Assessing development applications

73. Application of pt 1
73A. Assessing development applications
73AA. Development applications in relation to wild river areas
73B. Conditions of development approval that may and must be imposed
73C. Adding, changing or cancelling a development condition

Part 2--Registration

73D. Application for registration to carry out chapter 4 activity
73E. Grounds for refusing application for registration
73F. Registration certificates
73FA. Issue of 2 or more registration certificates in place of single certificate
73G. When registration certificate takes effect
73GA. Registration certificate expires if new operator registered

Part 3--Amending registration

Division 1--Grounds for amending registration certificates

73H. Amendment to correct error
73HA. Amendment by agreement
73HB. Amendment to ensure consistency with code of environmental compliance
73HC. Amendment for registration of new activity
73HD. Amendment for removing registration of continuing chapter 4 activity

Division 2--Amendment of registration certificates

73HE. How a registration certificate is to be amended

Part 4--Cancelling or suspending registration

73I. Cancelling or suspending a registration certificate
73J. Notice of proposed action
73K. Considering representations
73L. Decision on proposed action
73M. Notice of proposed action decision
73N. Steps for cancelling or suspending a registration certificate

Part 5--Surrendering registration

73O. Surrendering a registration certificate
73P. Steps for surrendering a registration certificate

Part 6--Miscellaneous

73Q. Notice of disposal by registered operator
73R. Additional consequences of not giving notice
73S. Effect of self-assessable development becoming assessable development
73T. Offences under s 427 do not apply in certain circumstances

CHAPTER 5--ENVIRONMENTAL AUTHORITIES FOR MINING ACTIVITIES

Part 1--Preliminary

Division 1--Introduction

146. Purpose of ch 5

Division 2--Key definitions for ch 5

147. What is a mining activity
148. Types of environmental authority (mining activities)
149. What is a mining project
150. What are application documents
151. What is a level 1 mining project and a level 2 mining project

Part 2--General provisions for obtaining environmental authority (mining activities)

Division 1--Applications
Subdivision 1--General provisions about applications

153. Who may apply
154. General requirements for application
Subdivision 2--Applications for mining projects
155. Single application required for mining project
156. Single environmental authority required for mining project
Subdivision 3--Joint applications
157. Application of sdiv 3
158. Joint application may be made
159. Appointment of principal applicant
160. Effect of appointment

Division 2--EIS decision for particular non-code compliant applications

161. Application of div 2
162. Decision about EIS requirement
163. Minister's power to overturn decision about EIS requirement

Division 3--EM plan decision for particular non-code compliant applications

163A. Application of div 3
163B. Decision about EM plan requirement

Part 3--Processing of applications for level 2 mining projects

Division 1--Code compliant applications
Subdivision 1--No relevant mining claim or mining lease

164. Automatic issuing of code compliant authority if no relevant mining claim or mining lease
165. Conditions of code compliant authority
Subdivision 2--Process if there is a relevant mining claim or mining lease
166. Application of sdiv 2
167. Modified application of pt 6, divs 6 to 8
168. Automatic issuing of code compliant authority in particular circumstances
168A. Conditions of code compliant authority
168B. Provisions for grant of application if Minister's decision is to grant on different conditions

Division 2--Non-code compliant applications
Subdivision 1--Process if no relevant mining claim or mining lease

169. Application of sdiv 1
169A. EM plan required
170. Additional conditions may be imposed
171. Deciding application
171A. Consequence of failure to decide
171B. Grant of application
171C. Notice about refusal or condition decision
Subdivision 2--Process if there is a relevant mining claim or mining lease
171D. Modified application of pt 6, divs 4 to 8
171DA. Inclusion of additional conditions in draft environmental authority

Part 4--Processing non-code compliant applications for environmental authority (mining claim) for level 1 mining project

Division 1--Preliminary

172. Operation of pt 4

Division 2--Decision to refuse or to allow to proceed

173. Administering authority may refuse application
174. Notice of refusal

Division 3--Draft environmental authority stage

175. Obligation to prepare draft environmental authority
176. Additional conditions may be imposed

Division 4--Public notice, objection and decision stage

177. Mining lease process under pt 6, divs 6-8 applies

Part 5--Processing non-code compliant applications for environmental authority (exploration) or environmental authority (mineral development) for level 1 mining project

178. Operation of pt 5
186. EIS process applies
187. Environmental management plan required
188. Purpose of submitted EM plan
189. Content requirements for submitted EM plan
190. Submitted EM plan may be amended
191. EM plan assessment report may be prepared
192. Requirements for EM plan assessment report
193. Deciding application
194. Grant of application
195. Information notice about refusal or condition decision

Part 6--Processing non-code compliant applications for environmental authority (mining lease) for level 1 mining project

Division 1--Preliminary

196. Operation of pt 6
197. Summary of pt 6 process

Division 2--EIS stage

198. Application of div 2
199. EIS process applies

Division 3--Environmental management plan stage

201. Environmental management plan required
202. Purpose of submitted EM plan
203. Content requirements for submitted EM plan
204. Submitted EM plan may be amended
205. EM plan assessment report may be prepared
206. Requirements for EM plan assessment report

Division 4--Decision to refuse or to allow to proceed

207. Administering authority may refuse application

Division 5--Draft environmental authority stage

208. Obligation to prepare draft environmental authority
210. Conditions that may and must be included in draft environmental authority

Division 6--Public notice and objections stage

211. Public notice of application
212. Required content of application notice
213. Public access to application documents
214. Declaration of compliance
215. Substantial compliance may be accepted
216. Right to make objection
217. Acceptance of objections
218. Amendment or withdrawal of objection

Division 7--Decision stage
Subdivision 1--Referral to Land Court if current objection

219. Referral to Land Court
220. Objections decision hearing
221. Land Court mediation of objections
222. Nature of objections decision
223. Matters to be considered for objections decision
224. Advice from MRA and State Development Ministers about objections decision
225. EPA Minister's decision on application
226. Grant of application
226A. Submitted EM plan may be amended if conditions of environmental authority are different to draft
Subdivision 2--Grant if no current objection at end of objection period or before objections decision
227. Application of sdiv 2
228. Grant of application on basis of draft environmental authority

Division 8--Miscellaneous provisions

229. Withdrawing an application
230. Certain objections apply for later applications
231. Effects of noncompliance with application process

Part 7--Plan of operations for environmental authority (mining lease)

232. Application of pt 7
233. Plan of operations required before acting under relevant mining lease
234. Content requirements
235. Amending or replacing plan
236. Environmental authority overrides plan

Part 8--Amendment of authorities by application

Division 1--Preliminary

237. Exclusions from amendment under pt 8

Division 2--General provisions for amendment applications

238. Who may apply
239. Conditions of code compliant authority may be amended
240. Requirements for application

Division 3--Processing application
Subdivision 1--Assessment level decision

246. Assessment level and EIS decisions for application
247. Ministerial decision about assessment level and EIS decisions
247A. Significant increase must be decided in particular cases
248. Notice of EIS requirement
249. Notice of assessment level decision
Subdivision 2--Process if decision is significant increase in environmental harm likely and EIS not required
250. Application of sdiv 2
251. Relevant application process applies
252. Refusal on ground that replacement environmental authority needed
253. Submitted EM plan may be amended
254. Public notice of application
255. Objection period
Subdivision 3--Process if decision is significant environmental harm increase unlikely
256. Application of sdiv 3
257. Deciding application
258. Steps after making decision
258A. Submitted EM plan may be amended

Part 9--Transfer of authorities

Division 1--Transfer applications

259. Transfer only by approval
260. General requirements for transfer application
260A. Additional requirement for transfer application for code compliant authority if no amendment application made
261. Audit statement may be required

Division 2--Processing transfer applications

262. Deciding application
263. Refusal on ground that amendment required
264. Steps after making decision
265. Effect of plan of operations and environmental management documents after transfer
266. Notice to owners of transfer

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
266B. Effect of progressive certification
266C. Continuing responsibility of environmental authority holder relating to certified rehabilitated area
Subdivision 2--Applying for progressive certification
266D. Who may apply for progressive certification
266E. Requirements for application
266F. Amending application
Subdivision 3--Progressive rehabilitation report
266G. Requirements for progressive rehabilitation report
266H. Amending report
266I. Assessment report may be given
Subdivision 4--Processing application
266J. Deciding application
266K. Criteria for decision
266L. Steps after making decision

Division 2--Payment for residual risks of rehabilitation

266M. Application of div 2
266N. Payment may be required for residual risks
266O. Criteria for decision to make requirement
266P. Amount and form of payment

Part 10--Surrender of authorities

Division 1--General provisions for surrender

267. Prospecting permit can not be surrendered
268. Surrender only by approval
269. Partial surrenders
269A. Conditional surrender of environmental authority (mining activities)
270. When surrender application required
271. Notice by administering authority to make surrender application
272. Failure to comply with surrender notice

Division 2--Surrender applications
Subdivision 1--Requirements for surrender applications

273. Requirements
Subdivision 2--Final rehabilitation reports
274. Content requirements for report
275. Amending report
276. FRR assessment report may be given
Subdivision 3--Processing surrender applications
277. Deciding application
278. Criteria for decisions
278A. Directions to carry out rehabilitation may be given if surrender refused
278B. Payment may be required for residual risks of rehabilitation
279. Steps after making decision
279A. Restriction on surrender taking effect if payment required for residual risks

Part 11--Environmental audits for mining activities

Division 1--Audit requirements

280. Administering authority may require environmental audit
281. Failure to comply with audit notice
282. Costs of complying with audit notice

Division 2--Audits by administering authority

283. Administering authority may conduct environmental audit
284. Administering authority's costs of environmental audit or report

Division 3--Auditors and conduct of environmental audits

285. Appointment of auditors
286. Appointment conditions and term
287. Who may conduct environmental audit
288. Impersonation of auditor

Division 4--Miscellaneous provisions

289. False or misleading information about environmental audits

Part 12--Amendment, cancellation or suspension by administering authority

Division 1--Conditions for amendment, cancellation or suspension
Subdivision 1--Amendments

290. Corrections
290A. Amendments to reflect NNTT conditions
292. Other amendments
Subdivision 2--Cancellation or suspension
293. Conditions for cancellation or suspension

Division 2--Procedure for amendment without agreement or for cancellation or suspension

294. Application of div 2
295. Notice of proposed action
296. Considering representations
297. Decision on proposed action
298. Notice of proposed action decision

Division 3--Steps after making decision

299. Steps for corrections
299A. Steps for amendment to reflect NNTT conditions
300. Steps for amendment by agreement
301. Steps for amendment without agreement or for cancellation or suspension

Part 13--Miscellaneous provisions

Division 1--Advice from MRA chief executive

302. Requirement to seek advice from MRA chief executive

Division 1A--Transfer of interest in an application for or to transfer environmental authority (mining activities)

302A. Amending application to change applicant

Division 2--When authorities or transfers take effect

303. Restrictions on environmental authority or transfer taking effect

Division 3--General provisions for applications and conditions

304. Grounds for refusing application for or to transfer environmental authority
305. Conditions that may be made
306. Additional conditions override standard environmental conditions
306A. Paramountcy of native title issues decision conditions

Division 4--Principal holder of authority

307. Application of div 4
308. Appointment of principal holder
309. Effect of appointment

CHAPTER 5A--OTHER ENVIRONMENTAL AUTHORITIES

Part 1--Preliminary

309A. What this chapter is about
309B. Types of environmental authorities (chapter 5A activities)
309C. Levels for chapter 5A activities
309D. What is a relevant resource authority
309E. What is resource legislation
309F. What is a relevant chapter 5A activity
309G. What is a chapter 5A activity project

Part 2--Applying for and obtaining environmental authority

Division 1--Preliminary

309H. Definitions for pt 2

Division 2--General provisions for applications
Subdivision 1--Restriction on who may apply

309I. Restriction
Subdivision 2--Chapter 5A activity projects
309J. Single application required for chapter 5A activity project
309K. Single environmental authority required for chapter 5A activity project
Subdivision 3--Joint applications
309L. Application of sdiv 3
309M. Joint application may be made
309N. Appointment of principal applicant
309O. Effect of appointment

Division 3--Level 2 chapter 5A activities
Subdivision 1--Code compliant authorities

309P. Operation of sdiv 1
309Q. Requirements for application
309R. Deciding application
309S. Steps after granting application and the giving of financial assurance
309T. Code compliance condition
Subdivision 2--Non-code compliant authorities
309U. Operation of sdiv 2
309V. Requirements for application
309W. Conditions may be requested
309X. Deciding application
309Y. Criteria for decision
309Z. Conditions that may and must be imposed
310. Steps after granting application and the giving of financial assurance
310A. Information notice about particular decisions

Division 4--Level 1 chapter 5A activities

310B. Operation of div 4
310C. Requirements for application
310D. Environmental management plan
310E. EIS may be required
310F. Public access to application
310G. Public notice of application
310H. Required contents of application notice
310I. Declaration of compliance
310J. Substantial compliance may be accepted
310K. Right to make submission
310L. Acceptance of submission
310M. Deciding application
310N. Criteria for decision
310O. Conditions that may and must be imposed
310P. Steps after granting application and the giving of financial assurance
310Q. Information notice about particular decisions

Division 5--Term of environmental authority (chapter 5A activities)

310R. Term

Part 3--Amendments by application

Division 1--Making amendment application

310S. Who may apply for amendment
310T. Code compliance condition may be amended
310U. Requirements for amendment application

Division 2--Processing amendment application

310V. EIS may be required
310W. Public notice may be required if application is for level 1 activity
310X. Public notice process
310Y. Deciding application
310Z. Criteria for decision

Division 3--Miscellaneous provisions

311. Steps after making decision
311A. When amendment takes effect
311B. Information notice about particular decisions

Part 4--Transfers

311C. Transfer only by approval
311D. General requirements for transfer application
311E. Amendment application may accompany transfer application
311F. Additional requirement for transfer application for code compliant authority if no amendment application made
311G. Audit statement may be required
311H. Deciding application
311I. Additional ground for refusal
311J. Steps after making decision

Part 5--Surrenders

Division 1--Surrender applications

311K. Surrender only by approval
311L. Requirements for surrender application

Division 2--Final rehabilitation reports

311M. Content requirements for final rehabilitation report
311N. Amending report
311O. FRR assessment report may be given

Division 3--General provisions for processing surrender applications

311P. Deciding application
311Q. Criteria for decision
311R. Steps after making decision

Division 4--Additional surrender process provisions for greenhouse gas storage activities
Subdivision 1--Preliminary

311S. Application of div 4
Subdivision 2--Residual risks requirements
311T. Payment may be required for residual risks of rehabilitation
311U. Criteria for decision to make requirement
311V. Amount and form of payment
311W. Information notice about GHG residual risks requirement
311X. Restriction on surrender taking effect if residual risks requirement made
Subdivision 3--Directions
311Y. Directions to carry out rehabilitation may be given if surrender refused

Division 5--Additional surrender provisions for petroleum activities

311Z. Application of div 5
312. Surrender may be partial
312A. When surrender application required
312B. Notice by administering authority to make surrender application
312C. Failure to comply with surrender notice

Part 6--Amendment, cancellation or suspension by administering authority

Division 1--Conditions for amendment, cancellation or suspension
Subdivision 1--Amendments

312D. Corrections
312E. Other amendments
Subdivision 2--Cancellation or suspension
312F. Conditions for cancellation or suspension

Division 2--Procedure for amendment without agreement or for cancellation or suspension

312G. Application of div 2
312H. Notice of proposed action
312I. Considering representations
312J. Decision on proposed action
312K. Notice of proposed action decision

Division 3--Steps after making decision

312L. Steps for corrections
312M. Steps for amendment by agreement
312N. Steps for amendment without agreement or for cancellation or suspension

Part 7--Financial assurance

312O. Financial assurance may be required before authority is issued or transferred
312P. Power to require financial assurance if not previously required or to require a change to financial assurance
312Q. Replenishment of financial assurance

Part 8--Principal holders

312R. Application of pt 8
312S. Appointment of principal holder
312T. Effect of appointment

Part 9--Miscellaneous provisions

312U. Grounds for refusing application for or to transfer non-code compliant authority
312V. Restrictions on authority or transfer taking effect

CHAPTER 6 GENERAL PROVISIONS ABOUT ENVIRONMENTAL AUTHORITIES
AND REGISTRATION CERTIFICATES

316. Annual fee and return
317. Reference to environmental authority includes its conditions
318A. Changing anniversary day
318B. Special provisions for changeover in anniversary day
318C. Death of environmental authority holder or registered operator

CHAPTER 7--ENVIRONMENTAL MANAGEMENT

Part 1--Environmental duties

319. General environmental duty
320. Duty to notify environmental harm

Part 2--Environmental evaluations

321. What is an environmental evaluation
322. When environmental audit required
323. When environmental investigation required
324. Notice to conduct or commission environmental evaluation
325. Declarations to accompany report
326. Administering authority to consider and act on environmental reports
327. Costs of environmental evaluation and report
328. Extensions of time for decisions on submission of environmental reports
329. Failure to make decision on environmental report taken to be refusal

Part 3--Transitional environmental programs

Division 1--Preliminary

330. What is a transitional environmental program
331. Content of program

Division 2--Submission and approval of transitional environmental programs

332. Administering authority may require draft program
333. Voluntary submission of draft program
334. Fee for consideration of draft program
335. Public notice of submission for approval of certain draft programs
336. Authority may call conference
337. Administering authority to consider draft programs
338. Criteria for deciding draft program
339. Approval of draft program
340. Notice of refusal or conditions
342. Substantial compliance with Act may be accepted as compliance
343. Failure to approve draft program taken to be refusal

Division 3--Amendment of approval for transitional environmental programs

344. Application

Division 4--Miscellaneous

345. Annual return
346. Effect of compliance with program
347. Notice of disposal by holder of program approval
348. Notice of ceasing activity by holder of program approval
349. Compliance with Act at completion of program

Part 4--Special provisions about voluntary submission of transitional environmental programs

350. Program notice
351. Program notice privileged
352. Authority to act on notice
353. Effect of program notice
354. Effect of failure to comply with program
355. Authority may apply to Court for order setting aside immunity from prosecution
356. Court to decide application
357. Power of Court to make order pending decision on application

Part 5--Environmental protection orders

358. When order may be issued
359. Standard criteria to be considered before issue of order
360. Form and content of order
361. Offence not to comply with order
362. Notice of disposal by recipient
363. Notice of ceasing to carry out activity

Part 5A--Direction notices

363A. Prescribed provisions
363B. Authorised person may issue a direction notice
363C. Matters to consider before issuing a direction notice relating to particular emissions
363D. Requirements of direction notices
363E. Offence not to comply with a direction notice

Part 5B--Clean-up notices

363F. Definitions for pt 5B
363G. Who are the prescribed persons for a contamination incident
363H. Administering authority may issue clean-up notice
363I. Offence not to comply with clean-up notice
363J. Procedure if recipient is not the owner of land on which action is required
363K. Taking action in place of recipient
363L. Obstruction of recipient complying with notice

Part 5C--Cost recovery notices

363M. Who are the prescribed persons for a contamination incident
363N. Administering authority may issue cost recovery notice
363O. Several recipients of a cost recovery notice

Part 6--Financial assurances

364. When financial assurance may be required
365. Person may show cause why financial assurance should not be required for transitional environmental program or site management plan
366. Application for amendment or discharge of financial assurance
367. Claims on financial assurances

Part 7--Special provisions about waste management

368. Chief executive may require local government to remove waste etc.
369. Restrictions on performing waste management works
369A. Obtaining approval to perform waste management works
369B. Amendment or cancellation of approval
369C. Offence of contravening approval

Part 8--Contaminated land

Division 1--Interpretation

370. Definition for pt 8

Division 2--Inclusion of land on environmental management register

371. Owner or occupier of land to notify administering authority
372. Local government to notify administering authority
373. Notice to be given to owner of land
374. Decision about including land in environmental management register

Division 3--Investigation of land on environmental management register

375. Voluntary submission of report about investigation
376. Administering authority may require site investigation
377. Notice to conduct or commission site investigation
378. Waiver of requirement to conduct or commission site investigation
379. Failure to make decision on waiver of site investigation taken to be refusal
380. Procedure to be followed if recipient is not owner
381. Who must conduct site investigation
382. Fee for consideration of report about site investigation
383. Declarations to accompany report
384. Administering authority to consider and act on site investigation report
385. Administering authority may require another report or additional information
386. Owner of land to be given copy of report
387. Cost of site investigation and report
388. Extensions of time for decisions on submission of site investigation report
389. Failure to make decision on site investigation report taken to be refusal

Division 4--Remediation of land

390. Voluntary remediation of contaminated land
391. Administering authority may require remediation of contaminated land
392. Waiver of requirement to remediate land
393. Failure to make decision on remediation taken to be refusal
394. Procedure to be followed if recipient is not owner
395. Who must prepare validation report
396. Administering authority to consider and act on validation report
397. Notice to be given of decision made about validation report
398. Administering authority may require another report or additional information
399. Extensions of time for consideration of validation report
400. Failure to make decision on validation report taken to be refusal

Division 5--Site management plans
Subdivision 1--Preliminary

401. What is a site management plan
402. Content of site management plan
Subdivision 2--Procedure for approval of site management plan
403. Voluntary submission of draft site management plan
404. Application for approval of site management plan
405. Administering authority may prepare or require site management plan
406. Requirement to prepare draft site management plan
407. Waiver of requirement to prepare or commission site management plan
408. Failure to make decision on waiver of site management plan taken to be refusal
409. Procedure to be followed if recipient is not owner
410. Who must prepare draft site management plan
411. Administering authority may require another site management plan or additional information
412. Administering authority to consider draft site management plan
413. Approval of draft site management plan
414. Refusal to approve draft site management plan
415. Extensions of time for decisions on submission of draft site management plans
416. Failure to approve draft site management plan taken to be refusal
Subdivision 3--Restriction on local government approvals and authorities
417. Approval or authority must not allow contravention of site management plan
Subdivision 4--Amendment of site management plan
418. Voluntary amendment of site management plans
419. Administering authority may amend or require amendment of site management plan

Division 6--Notices to be given about land recorded in registers

420. Notice to be given about recording of land in contaminated land register
421. Notice to be given to proposed purchaser of land

Division 7--Miscellaneous

422. Registrar to maintain records about contaminated land
423. Offence to destroy etc. signs
424. Removal and treatment or disposal of contaminated soil
425. Failure to comply with disposal permit

CHAPTER 8--GENERAL ENVIRONMENTAL OFFENCES

Part 1--Offences relating to environmentally relevant activities

Division 1--Offences

426. Environmental authority required for mining activity
426A. Environmental authority required for chapter 5A activity
427. Only registered operators may carry out chapter 4 activities

Division 2--Exemptions

429. Special provisions for interstate transporters of controlled waste

Part 2--Offences relating to environmental requirements

Division 1--Environmental authorities

430. Contravention of condition of environmental authority
431. Environmental authority holder responsible for ensuring conditions complied with

Division 2--Transitional environmental programs

432. Contravention of program
433. Approval holder responsible for ensuring program complied with

Division 3--Site management plans

434. Contravention of plan

Part 2A--Offences relating to conditions

435. Offence to contravene development condition
435A. Offence to contravene standard environmental conditions
435B. Registered operator responsible for ensuring conditions complied with

Part 3--Offences relating to environmental harm

437. Offences of causing serious environmental harm
438. Offences of causing material environmental harm
439. Court may find defendant guilty of causing material environmental harm if charged with causing serious environmental harm
440. Offence of causing environmental nuisance

Part 3A--Offences relating to depositing litter

Division 1--Preliminary

440A. Definitions for pt 3A
440B. Meaning of litter

Division 2--General offence

440C. When deposit of litter unlawful
440D. Depositing litter

Division 3--Vehicle littering offence

440E. Definitions for div 3
440F. Application of div 3
440G. Application of State Penalties Enforcement Act 1999
440H. Effect of passenger declaration
440I. Service of infringement notice for vehicle littering offence
440J. Chief executive (transport) must disclose information

Part 3B--Offences relating to noise standards

Division 1--Preliminary

440K. Definitions for pt 3B
440L. Meaning of audible noise
440M. Reference to making a noise
440N. Noise levels measured at an affected building

Division 2--Application of noise standards

440O. Local law may prescribe noise standards
440P. Default noise standards under div 3
440Q. Offence of contravening a noise standard

Division 3--Default noise standards

440R. Building work
440S. Regulated devices
440T. Pumps
440U. Air-conditioning equipment
440V. Refrigeration equipment
440W. Indoor venues
440X. Open-air events
440Y. Amplifier devices other than at indoor venue or open-air event
440Z. Power boat sports in waterway
440ZA. Operating power boat engine at premises
440ZB. Blasting
440ZC. Outdoor shooting ranges

Part 3C--Offences relating to water contamination

440ZD. Definitions for pt 3C
440ZE. Meaning of deposits for pt 3C
440ZF. Prescribed water contaminants
440ZG. Depositing prescribed water contaminants in waters and related matters

Part 3D--Offences relating to releases from boats into non-coastal waters

440ZH. Definitions for pt 3D
440ZI. Release of certain substances from boats into non-coastal waters
440ZJ. Release of sewage from boats into non-coastal waters
440ZK. Depositing rubbish from boats into non-coastal waters

Part 3E--Offences relating to air contamination

440ZL. Sale of solid fuel-burning equipment for use in residential premises and related matters
440ZM. Permitted concentration of sulfur in liquid fuel for use in stationary fuel-burning equipment

Part 3F--Offences relating to fuel standards

Division 1--Preliminary

440ZN. Purpose of pt 3F
440ZO. Definitions for pt 3F

Division 2--Offences

440ZP. Non-application of div 2
440ZQ. Supply of fuel that does not comply with Commonwealth fuel standard determinations
440ZR. Permitted Reid vapour pressure—fuel with particular ethanol content
440ZS. Permitted Reid vapour pressure—other fuel

Division 3--Exemptions

440ZT. Making applications
440ZU. Request for further information
440ZV. Deciding applications
440ZW. Giving exemptions
440ZX. Refusing applications

Division 4--Record keeping

440ZY. Record keeping requirements

Part 4--Other offences

442. Offence of releasing prescribed contaminant
443. Offence to place contaminant where environmental harm or nuisance may be caused
444. Offence of interfering with monitoring equipment
444A. Offence not to notify chapter 4 activity has stopped

CHAPTER 9--INVESTIGATION AND ENFORCEMENT

Part 1--Administration generally

445. Appointment of authorised persons
446. Terms of appointment of authorised persons
447. Powers of authorised persons
448. Issue of identity cards
449. Production of identity card
450. Protection from liability
451. Administering authority may require relevant information

Part 2--Powers of authorised persons for places and vehicles

452. Entry of place—general
453. Entry of land—search, test, sample etc. for release of contaminant
454. Entry of land—preliminary investigation
455. Entry of land for access
456. Warrants
457. Warrants—applications made otherwise than in person
458. Order to enter land to conduct investigation or conduct work
459. Entry or boarding of vehicles
460. General powers for places and vehicles
461. Power to seize evidence
462. Procedure after seizure of evidence
463. Forfeiture of seized thing on conviction

Part 2A--Power of authorised persons to give directions about litter removal

463A. Direction to remove litter

Part 3--Other enforcement powers of authorised persons

464. Power to require name and address
465. Power to require answers to questions
466. Power to require production of documents

Part 4--Emergency powers of authorised persons

467. Emergency powers
468. Authorised person may direct emergency release of contaminant

Part 5--Offences

469. Failure of authorised person to return identity card
470. Failure to give information to administering authority
471. Failure to comply with signal
472. Failure to comply with requirements about vehicles
473. Failure to help authorised person—emergency
474. Failure to help authorised person—other cases
474A. Failure to comply with authorised person's direction to remove litter
475. Failure to give name and address etc.
476. Failure to answer questions
477. Failure to produce document
478. Failure to comply with authorised person's direction in emergency
479. Offences in relation to release of contaminant in emergency
480. False, misleading or incomplete documents
481. False or misleading information
482. Obstruction of authorised persons
483. Impersonation of authorised person
484. Attempts to commit offences

Part 6--General

485. Consent to entry
486. Authorised person to give notice of seizure or damage
487. Compensation
488. Administering authority to reimburse costs and expenses incurred
489. Costs of investigation or remediation to be paid by recipient

CHAPTER 10--LEGAL PROCEEDINGS

Part 1--Evidence

490. Evidentiary provisions
491. Special evidentiary provision—particular emissions
491A. Further special evidentiary provisions for noise
492. Responsibility for acts or omissions of representatives

Part 2--Executive officer liability

493. Executive officers must ensure corporation complies with Act

Part 2A--Unlawfulness of particular acts

493A. When environmental harm or related acts are unlawful

Part 3--Legal proceedings

494. Indictable and summary offences
495. Proceedings for indictable offences
496. Limitation on who may summarily hear indictable offence proceedings
497. Limitation on time for starting summary proceedings
498. Notice of defence
499. Proof of authority
500. Fines payable to local government
501. Recovery of costs of rehabilitation or restoration etc.
502. Court may order payment of compensation etc.
503. Recovery of costs of investigation

Part 4--Restraint orders

504. Application of pt 4
505. Restraint of contraventions of Act etc.
506. Power of Court to make order pending determination of proceeding

Part 5--Enforcement orders

507. Proceeding for orders
508. Proceeding brought in a representative capacity
509. Making interim enforcement order
510. Making enforcement order
511. Effect of orders
512. Court's powers about orders
513. Costs involved in bringing proceeding

CHAPTER 11--ADMINISTRATION

Part 1--Devolutions

514. Devolution of powers

Part 2--Delegations

515. Delegation by Minister
516. Delegation by chief executive
517. Delegation by administering executive or local government chief executive officer
518. Delegation by administering authority

Part 3--Review of decisions and appeals

Division 1--Interpretation

519. Original decisions
520. Dissatisfied person

Division 2--Internal review of decisions

521. Procedure for review
522. Stay of operation of original decisions

Division 3--Appeals
Subdivision 1--Appeals to Land Court

523. Review decisions subject to Land Court appeal
524. Right of appeal
525. Appeal period
526. Land Court mediation
527. Nature of appeal
528. Land Court's powers for appeal
529. Decision for appeals against refusals under s 207
530. Decision for other appeals
Subdivision 2--Appeals to Court
531. Who may appeal
532. How to start appeal
533. Appellant to give notice of appeal to other parties
534. Persons may elect to become respondents to appeal
535. Stay of operation of decisions
535A. Stay of decision to issue a clean-up notice
536. Hearing procedures
537. Assessors
538. Appeals may be heard with planning appeals
539. Powers of Court on appeal

Part 4--General

540. Required registers
541. Keeping of registers
542. Inspection of register
543. Appropriate fee for copies
544. Approved forms
545. Advisory committees
546. Annual reports
547. State of environment report

CHAPTER 12--MISCELLANEOUS

Part 1--Approval of codes of practice and standard environmental conditions

548. Codes of practice
549. Minister may approve standard environmental conditions
549A. When standard environmental conditions must be complied with
550. Effect of changes to standard environmental conditions

Part 2--General provisions about applications and submissions

Division 1--Preliminary

551. Definitions for pt 2

Division 2--General provisions

552. What is the application date for application or TEP submission
553. Electronic applications and submissions
554. Electronic notices about applications and submissions
555. Extension of decision period
556. Administering authority may seek advice, comment or information
557. Decision criteria are not exhaustive
558. Publication of decision or document by administering authority

Division 3--Investigating suitability

559. Investigation of applicant suitability or disqualifying events
560. Use of information in suitability report
561. Notice of use of information in suitability report
562. Confidentiality of suitability reports
563. Destruction of suitability reports

Part 3--Exemption from disclosure

Division 1--Obtaining disclosure exemption

564. Who may apply
565. Requirements for application
566. Deciding application
567. Criteria for decision
568. Exemption may be limited
569. Notice of refusal or decision to limit exemption

Division 2--Effects of disclosure exemption
Subdivision 1--Preliminary

570. Application of div 2
571. Meaning of exempted material for div 2
Subdivision 2--Effects
572. Effect on operation of disclosure requirements under Act
573. Effect on administering authority
574. Effect on officials

Part 4--Entry to land to comply with environmental requirement

575. Entry orders
576. Procedure for entry under entry order
577. Duty to avoid damage
578. Notice of damage
579. Compensation

Part 4A--Validation

579A. Validation of amendment of environmental authority MIM800098402

Part 4B--Protocols and standards

579B. Protocols
579C. Prescribed standards

Part 5--Regulations

580. Regulation-making power
581. Integrated development approval system regulations and guidelines

CHAPTER 13--SAVINGS, TRANSITIONAL AND RELATED PROVISIONS

Part 1--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 1997

582. Transfer of certain land on contaminated sites register to environmental management register
583. Transfer of certain land on contaminated sites register to contaminated land register

Part 2--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000

Division 1--Preliminary

584. Definitions for pt 2

Division 2--Existing environmental authorities and mining activities
Subdivision 1--Preliminary

585. What is a condition of a mining tenement for div 2
Subdivision 2--Existing authorities for mining activities
586. Existing authority becomes an environmental authority (mining activities)
586A. Existing authority becomes an environmental authority (mining activities)
587. Conditions of environmental authority
Subdivision 3--Existing mining activities without environmental authority
588. New environmental authority (mining activities) for existing activities
589. Conditions of environmental authority

Division 3--Unfinished applications

590. Procedure if certificate of application issued and conditions decided
591. Procedure for other unfinished applications

Division 4--Transitional authorities for mining activities
Subdivision 1--Preliminary

592. Meaning of transitional authority for div 4
Subdivision 2--Special provisions for transitional authorities
593. Transitional authority taken to be non-code compliant
594. Limited application of s 426 for transitional authority
595. Requirement to apply to amend, surrender or transfer transitional authority
596. Notice by administering authority to amend, surrender or transfer transitional authority
597. Consequences of failure to comply with reminder notice
598. Financial assurance for transitional authority
599. Effect of financial assurance on security
600. Plan of operations
601. Annual fee and return for first year of transitional period
602. Anniversary day for certain transitional authorities
Subdivision 3--Amendment and consolidation of transitional authorities
603. Application to convert transitional authority to environmental authority for a level 2 mining project
603A. Requirements for conversion application
603B. Automatic conversion for particular applications
603C. Deciding application if additional conditions requested
604. Other amendment applications
605. Additional grounds for amendment by administering authority
606. Ministerial power to amend
607. Consolidation of conditions for same mining project
Subdivision 4--Environmental management plan requirements
608. Environmental management plan may be required
609. Consequence of failure to comply with requirement

Division 5--Transitional provisions other than for mining activities

610. Application of div 5
611. Unfinished applications under existing Act
612. Environmental authorities under existing Act

Division 6--Original provisions about special agreement Acts

614. Existing Act continues to apply for special agreement Acts until div 7 commences

Division 7--Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008
Subdivision 1--Preliminary

615. Definitions for div 7
616. What is a condition under a special agreement Act
616A. EPA provisions prevail
Subdivision 2--Conversion of SAA environmental authorities (mining)
616B. Conversion to transitional authority (SAA)
616C. Conditions of transitional authority (SAA)
616D. Changing conditions of transitional authority (SAA)
Subdivision 3--Unfinished applications
616E. Procedure for unfinished applications
Subdivision 4--Special provisions for transitional authorities (SAA)
616F. Transitional authority (SAA) taken to be non-code compliant
616G. Limited application of s 426 for transitional authority (SAA)
616H. Requirement to apply for new authority or amend etc. transitional authority (SAA)
616I. Financial assurance for transitional authority (SAA)
616J. Effect of financial assurance on security
616K. Plan of operations
616L. First anniversary day for transitional authority (SAA)
616M. End of transitional authority (SAA)
Subdivision 5--Applications for new authorities
616N. Application of sdiv 5
616O. Application of current Act to new authority application
616P. No public notice or EIS requirement for particular new authority application
616Q. Reference to State government agreement includes particular rights
Subdivision 6--Amendment of transitional authorities (SAA) for conversion to new authorities
616R. Application of sdiv 6
616S. Application of current Act to amendment application
616T. No public notice or EIS requirement for particular amendment applications
616U. Reference to State government agreement includes particular rights
616V. Consolidation of conditions for same mining project
Subdivision 7--Amendment of transitional authorities (SAA) other than by application
616W. Additional grounds for amendment by administering authority
616X. Ministerial power to amend
Subdivision 8--Provisions for chapter 4 activities
616Y. Application of sdiv 8
616Z. Continuing effect of environmental authority as a registration certificate and development approval
616ZA. Additional ground for changing or cancelling development conditions
616ZB. End of environmental authority
616ZC. Administering authority may issue replacement documents
Subdivision 9--Other matters
616ZCA. Continuing effect of particular environmental authorities
616ZCB. Validation of particular development approvals and registration certificates

Division 8--Miscellaneous provision

616ZD. Requirement to seek advice from MRA chief executive

Part 3--Validation provision for Environmental Protection and Another Act Amendment Act 2002

617. Validation of particular environmental authorities

Part 4--Transitional provision for Environmental Protection and Other Legislation Amendment Act 2002

618. Section 318A does not apply for transitional authority

Part 5--Transitional provisions for Environmental Protection Legislation Amendment Act 2003

619. Continuing effect of particular environmental authorities
620. Additional ground for changing or cancelling development conditions
621. Administering authority may issue replacement documents
623. Effect of commencement on level 1 approvals for particular environmentally relevant activities
624. Effect of commencement on particular approvals
625. Effect of commencement on applications for development approvals for level 2 environmentally relevant activities
626. Effect of commencement on particular applications in progress
627. Effect of commencement on development approval applications in progress
628. Effect of commencement on particular actions in progress
630. Continuing operation of s 611 (Unfinished applications under existing Act)

Part 6--Transitional provisions for Petroleum and Other Legislation Amendment Act 2004

631. Financial assurance if security for related petroleum authority is monetary
632. Financial assurance if security for related petroleum authority is non-monetary
633. Effect of financial assurance on the security
634. Amendment of financial assurance condition under this part

Part 7--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2004

Division 1--Original provisions
Subdivision 1--Preliminary

635. Definitions for div 1
Subdivision 2--Provisions for former integrated authorities
636. Application of sdiv 2
637. Continuing status of each constituent part as an environmental authority
638. Re-issuing of environmental authorities if they do not form a single mining or petroleum project
Subdivision 3--Other provisions
639. Environmental authorities under old chapter 4A
640. Applications in progress under old chapter 4A
641. Existing environmental management documents

Division 2--Provisions inserted under Environmental Protection and Other Legislation Amendment Act 2007

641A. Definition for div 2
641B. Non-standard environmental authority taken to be environmental authority for level 1 mining project
641C. Standard environmental authority taken to be environmental authority for level 2 mining project

Part 8--Transitional provision for Environmental Protection and Other Legislation Amendment Act 2005

642. EISs currently undergoing EIS process
643. Transitional provision for amended ss 619 and 624

Part 9--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2007

644. References to environmental management programs or draft programs

Part 10--Savings provision for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008

645. Definition for pt 10
646. Accrediting entity for s 440ZL

Part 11--Transitional provisions for Greenhouse Gas Storage Act 2009

Division 1--Preliminary

647. Definitions for div 1

Division 2--Provisions for Zerogen

648. New environmental authority for Zerogen's converted GHG permits
649. New environmental authority for Zerogen's new GHG permit

Division 3--Provisions for replacement of former chapter 4A with chapter 5A

650. References to former chapter 4A
651. Environmental authorities (petroleum activities) other than converted authorities
652. References to environmental authorities (petroleum activities) and their levels
653. Migration of undecided applications
654. Migration of decisions and documents
655. Migration of outstanding appeals

Part 12--Transitional provision for Right to Information Act 2009

656. Effect of regulation amendment
SCHEDULE 1 -- EXCLUSIONS RELATING TO ENVIRONMENTAL NUISANCE OR ENVIRONMENTAL HARM

Part 1--Environmental nuisance excluded from ss 440 and 440Q

1. Safety and transport noise
2. Government activities and public infrastructure
3. Nuisance regulated by other laws

Part 2--Exclusions from environmental harm and environmental nuisance

4. Non-domestic animal noise
5. Particular cooking odours
SCHEDULE 2 -- ORIGINAL DECISIONS
SCHEDULE 3 -- NOTIFIABLE ACTIVITIES
SCHEDULE 4 -- DICTIONARY
FIGURE --
Endnotes

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