ENVIRONMENTAL PROTECTION REGULATION 2008

Queensland Consolidated Regulations

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ENVIRONMENTAL PROTECTION REGULATION 2008

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Definitions

CHAPTER 2--ENVIRONMENTAL IMPACT STATEMENTS

Part 1--Preliminary

4. Types of project requiring Commonwealth or State authority approval

Part 2--EIS process

5. Application of pt 2
6. Prescribed matters for draft terms of reference—Act, s 41(2)(d)
7. Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g)
8. Prescribed way for publishing TOR notice and EIS notice
9. Prescribed matters for EIS assessment report—Act, s 59(e)
10. Other requirements for EIS process

Part 3--Prescribed periods for chapter 3 of the Act

11. Period to advise chief executive about draft terms of reference—Act, s 45
12. Period for finalising terms of reference—Act, s 46
13. Period for deciding whether EIS may proceed—Act, s 49

CHAPTER 3--ENVIRONMENTALLY RELEVANT ACTIVITIES

Part 1--Chapter 4 activities

Division 1--Preliminary

14. What is the aggregate environmental score for a chapter 4 activity
15. Meaning of scheduled area
16. Meaning of year for carrying out chapter 4 activity

Division 2--Prescribed activities

17. Activities prescribed as environmentally relevant activities—general

Division 3--Prescribed activities for development applications
Subdivision 1--Development applications for wild river areas

18. Exempt environmentally relevant activity—Act, s 73AA
19. Other prescribed activities—Act, s 73AA
Subdivision 2--Development applications that may require financial assurances
20. Prescribed activity for requirement for financial assurances—Act, s 364

Division 4--Other matters

21. Untreated clinical waste disposal
22. Codes of environmental compliance for chapter 4 activities
22A. Prescribed circumstance for adding, changing or cancelling development condition of particular approval—Act, s 73C

Part 2--Chapter 5A activities

23. Chapter 5A activities prescribed as level 1 and 2 chapter 5A activities
24. What is the aggregate environmental score for a level 1 chapter 5A activity

Part 3--Mining activities

Division 1--Preliminary

25. What is a category A environmentally sensitive area
26. What is a category B environmentally sensitive area
27. Meaning of riverine area
28. What is significantly disturbed land

Division 2--Prescribed criteria

29. Criteria for mining activities forming level 1 or level 2 mining projects—Act, s 151
30. Criteria under any environmental authority (mining activities)
31. Criteria under environmental authority (mining lease)
32. Criteria under other environmental authorities (mining activities)

Division 3--Aggregate environmental score

33. What is the aggregate environmental score for a level 1 mining project

Division 4--Codes of environmental compliance

34. Codes of environmental compliance for mining activities

Division 5--Prescribed periods for chapter 5 of the Act
Subdivision 1--Applications for environmental authority (mining claim)

35. Refusal period for application—Act, s 173
36. Period for giving draft environmental authority—Act, s 175
Subdivision 2--Applications for environmental authority (exploration) and environmental authority (mineral development)
37. Assessment period for EM plan assessment report—Act, s 191
38. Period for decision—Act, s 193
Subdivision 3--Applications for environmental authority (mining lease)
39. Assessment period for EM plan assessment report—Act, s 205
40. Refusal period for application—Act, s 207
Subdivision 4--Amendment applications
41. Period for assessment level and EIS decisions—Act, s 246
42. Period for deciding amendment application—Act, s 257
Subdivision 5--Surrender applications
43. Period for surrender application—Act, s 270
44. Period for giving FRR assessment report—Act, s 276
45. Period for deciding surrender application—Act, s 277

CHAPTER 4--REGULATORY REQUIREMENTS

Part 1--Preliminary

Division 1--Purpose

46. Purpose of ch 4

Division 2--Interpretation

47. Definitions for ch 4
48. Meaning of environmental management decision
49. Meaning of monitoring

Part 2--Regulatory requirements for all environmental management decisions

50. Application of pt 2
51. Matters to be considered for environmental management decisions
52. Conditions to be considered for environmental management decisions
53. Matters to be considered for decisions imposing monitoring conditions

Part 3--Additional regulatory requirements for particular environmental management decisions

54. Application of pt 3
55. Release of water or waste to land
56. Release of water, other than stormwater, to surface water
57. Release of stormwater
58. Release of water or waste to particular wetlands for treatment
59. Activity involving berthing, docking or mooring a boat
60. Activity involving storing or moving bulk material
61. Activity involving acid sulfate soil
62. Activity involving acid-producing rock
63. Activity involving direct release of waste to groundwater
64. Activity involving indirect release of contaminants to groundwater

CHAPTER 5--MATTERS RELATING TO ENVIRONMENTAL MANAGEMENT AND ENVIRONMENTAL OFFENCES

Part 1--Regulated waste

65. What is regulated waste

Part 2--Contaminated land

66. Prescribed organisations for contaminated land matters—Act, ss 381, 395 and 410
67. Prescribed waste for notifiable activity—Act, sch 3

Part 3--Noise

Division 1--Prescribed standards

68. Prescribed standards for particular noise standards

Division 2--Measuring noise

69. Purpose of div 2
70. Definition for div 2
71. Measuring background level
72. Measuring source noise
73. Measuring source noise for particular noise standards
74. Measurement of noises of same type from same premises
75. Prescribed instruments—Act, s 490(8)
76. Evidentiary provision

Part 4--Water contamination

77. Prescribed water contaminants for Act, ch 8, pt 3C

Part 5--Air contamination

78. Prescribed standard for particular offences relating to air contamination

Part 6--Record keeping requirements for particular fuel suppliers

79. Application of pt 6
80. Records kept by manufacturer
81. Records kept by importer

CHAPTER 6--NATIONAL POLLUTANT INVENTORY

Part 1--Preliminary

82. Purpose of ch 6
83. Definitions for ch 6
84. Expressions in this part have same meaning as under NPI NEPM

Part 2--Reporting requirements

85. Occupiers of reporting facilities to give information
86. Reporting period for reporting facility
87. Occupier must keep particular information for 3 years
88. Minister may name occupier in report to council

Part 3--Estimation techniques for emission and transfer data

89. Occupier of reporting facility must use estimation technique
90. When chief executive may approve estimation technique
91. Application for approval of estimation technique
92. Deciding estimation technique application
93. Approval of estimation technique on chief executive's initiative

Part 4--Exceptions to reporting requirements

94. Exemption on ground of national security
95. Claiming exemption on ground of commercial confidentiality
96. Deciding claim for exemption on ground of commercial confidentiality

Part 5--Other matters

97. Information not to be used as evidence

CHAPTER 7--ADMINISTRATION

Part 1--Devolution of powers

Division 1--Matters devolved to local government

98. Environmental nuisance
99. Noise standards
100. Water contamination
101. Particular chapter 4 activities
102. Devolution includes statutory instruments under Act

Division 2--Matters not devolved to local government

103. Clean-up and cost recovery notices
104. Record keeping for particular fuel suppliers
105. Enforcing compliance with NPI NEPM
106. Particular acts, omissions or activities by State or local government entity
107. Mobile and temporary activity across local government areas
108. Activity carried out at a facility with a non-devolved activity

Part 2--Enforcement

109. Authorised persons—Act, s 445

Part 3--Review of decisions and appeal

110. Original decisions and dissatisfied persons

Part 4--Registers

111. Register of environmental reports
112. Register of monitoring program results
113. Register of transitional environmental programs
114. Register of environmental protection orders
115. Register of authorised persons

CHAPTER 8--FEES

Part 1--Fees generally

116. Fees payable under Act

Part 2--Fees for devolved matters

117. Fees and discounts made by resolution or local law

Part 3--Annual fees

Division 1--General matters

118. Meaning of annual fee
119. Annual fee to accompany particular applications
120. Annual fee for particular development applications, registration certificates and environmental authorities

Division 2--Reduced annual fees in particular circumstances
Subdivision 1--Preliminary

121. Purpose of div 2
122. Definitions for div 2
123. What is an approved EMS
124. Who is an approved partner
125. What is a lower emissions score
Subdivision 2--Reduced annual fee
126. Eligibility for payment of a reduced annual fee
127. What is the reduced annual fee
Subdivision 3--Offences and record keeping
128. Application of sdiv 3
129. Offence to pay reduced annual fee if not eligible
130. Requirement to keep records for reduced annual fee
131. Authorised person may require holder to give information or documents
132. Requirement to notify change of eligibility
133. Refunding difference between annual fee and reduced fee

Division 3--Amendment applications for environmental authorities

134. When supplementary annual fee payable

Division 4--Credits and refunds

135. Credit for annual fee for environmental authority after amendment
136. Refund of annual fee if application refused
137. Refund of annual fee if replacement environmental authority issued

Part 4--Other particular fees

138. Fee for anniversary changeover application
139. Fee for late payment of annual fee
140. Fees for transitional environmental programs

Part 5--Special provision for registration certificate fees

141. Circumstances under which fee for registration certificate reduced or not payable

Part 6--Exemptions

142. Administering authority exempt from fees for self-administered activities
143. Prescribed local government exempt from fees
144. Prescribed charitable institution exempt from fees

CHAPTER 9--REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS

Part 1--Repeal

145. Repeal of regulation

Part 2--Transitional and savings provisions

Division 1--Preliminary

146. Definitions for pt 2

Division 2--Transitional provisions about environmentally relevant activities
Subdivision 1--General

147. General matters for environmentally relevant activities
148. Existing development approvals and registration certificates
149. Existing applications
Subdivision 2--Effect of changes to environmentally relevant activities
150. Activities that are no longer environmentally relevant activities
151. Changes to environmentally relevant activities
Subdivision 3--Environmental authorities
152. Existing environmental authorities
153. Changes to environmentally relevant activities
154. Existing applications

Subdivision 4--Particular approvals for environmentally relevant activities

155. Particular approvals continue in force for 2 years
Subdivision 5--Miscellaneous matters for environmentally relevant activities
156. Administration and enforcement of particular former environmentally relevant activities devolved to local government
157. Codes of environmental compliance for former environmentally relevant activities

Division 3--Transitional provisions for miscellaneous matters

158. Delayed application of fees payable under ch 8
159. References to repealed regulation
SCHEDULE 1 -- MATTERS TO BE ADDRESSED BY ASSESSMENT UNDER EIS

SCHEDULE 2 -- CHAPTER 4 ACTIVITIES AND AGGREGATE ENVIRONMENTAL SCORES

Part 1--Aquaculture and intensive animal industry
1. Aquaculture
2. Intensive animal feedlotting
3. Pig keeping
4. Poultry farming

Part 2--Chemical, coal and petroleum products activities
5. Alcohol production
6. Asphalt manufacturing
7. Chemical manufacturing
8. Chemical storage
9. Hydrocarbon gas refining
10. Gas producing
11. Oil refining or processing
12. Plastic product manufacturing
13. Tyre manufacturing or retreading

Part 3--Energy related services
14. Electricity generation
15. Fuel burning

Part 4--Extractive activities
16. Extractive and screening activities

Part 5--Fabricated metal product activities
17. Abrasive blasting
18. Boilermaking or engineering
19. Metal forming
20. Metal recovery
21. Motor vehicle workshop operation

Part 6--Food processing
22. Beverage production
23. Bottling and canning
24. Edible oil manufacturing or processing
25. Meat processing
26. Milk processing
27. Seafood processing
28. Sugar milling or refining

Part 7--Metal production and mineral processing activities
29. Metal foundry operation
30. Metal smelting and refining
31. Mineral processing

Part 8--Miscellaneous activities
32. Battery manufacturing
33. Crushing, milling, grinding or screening
34. Mushroom growing substrate manufacture
35. Plaster manufacturing
36. Pulp or paper manufacturing
37. Printing
38. Surface coating
39. Tanning
40. Textile manufacturing

Part 9--Non-metallic mineral product manufacture
41. Cement manufacturing
42. Clay or ceramic products manufacturing
43. Concrete batching
44. Glass or glass fibre manufacturing
45. Mineral wool or ceramic fibre manufacturing

Part 10--Sawmilling, woodchipping and wooden product manufacturing
46. Chemically treating timber
47. Timber milling and woodchipping
48. Wooden and laminated product manufacturing

Part 11--Transport and maritime services
49. Boat maintenance or repair
50. Bulk material handling
51. Road tunnel ventilation stack operation

Part 12--Waste management
52. Battery recycling
53. Composting and soil conditioner manufacturing
54. Drum and container reconditioning
55. Regulated waste recycling or reprocessing
56. Regulated waste storage
57. Regulated waste transport
58. Regulated waste treatment
59. Tyre recycling
60. Waste disposal
61. Waste incineration and thermal treatment
62. Waste transfer station operation

Part 13--Water treatment services
63. Sewage treatment
64. Water treatment
SCHEDULE 3 -- CODES OF ENVIRONMENTAL COMPLIANCE
SCHEDULE 4 -- SCHEDULED AREAS

SCHEDULE 5 -- LEVEL 1 CHAPTER 5A ACTIVITIES AND THEIR AGGREGATE ENVIRONMENTAL SCORES
SCHEDULE 6 -- AGGREGATE ENVIRONMENTAL SCORES FOR LEVEL 1 MINING PROJECTS
SCHEDULE 7 -- REGULATED WASTE
SCHEDULE 8 -- PRESCRIBED ORGANISATIONS
SCHEDULE 9 -- PRESCRIBED WATER CONTAMINANTS
SCHEDULE 10 -- FEES
SCHEDULE 12 -- DICTIONARY

Part 1--Extended definitions
1. Meaning and calculation of equivalent passenger unit
2. Meaning and calculation of standard cattle unit
3. Meaning and calculation of standard pig unit
4. Meaning and calculation of standard sheep unit
5. Meaning of watercourse

Part 2--Other definitions
Endnotes

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