Queensland Numbered Acts

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2004 No. 48

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement

           Part 2--Amendment of Coastal Protection and Management Act 1995

   3.      Act amended in pt 2
   4.      Amendment of s 9 (Meaning of canal)
   5.      Amendment of s 25 (Functions of regional consultative group)
   6.      Amendment of s 39 (Public notice inviting submissions on draft regional plan)
   7.      Amendment of ch 2, pt 3, hdg (Coastal management districts and erosion prone areas)
   8.      Amendment of s 54 (Declaration of coastal management districts)
   9.      Insertion of new s 58A
   10.     Amendment of s 60 (Tidal works notices)
   11.     Amendment of s 71 (Amending erosion prone areas)
   12.     Omission of ch 2, pt 5, div 1, sdiv 3 (Removal of quarry materials may require other approval)
   13.     Amendment of s 85 (Suspension or cancellation—grounds)
   14.     Omission of s 94 (Relationship with IPA)
   15.     Insertion of new ch 2, pt 5, div 2A
   16.     Amendment of s 102 (Royalty or price for quarry material)
   17.     Amendment of s 120 (Registration of instruments—construction of artificial waterways)
   18.     Insertion of new ch 2, pt 6, div 5
   19.     Amendment of s 123 (Development permits—right to use and occupy)
   20.     Amendment of s 124 (Obligation to keep certain tidal works in safe condition)
   21.     Replacement of s 165 (Delegation by chief executive)
   22.     Amendment of s 167 (Regulation-making power)
   23.     Amendment of s 171 (Continuing effect of authorities under Harbours Act)
   24.     Amendment of s 176 (Continuing effect of approvals under Canals Act)
   25.     Omission of s 181 (Applications to reconfigure a lot in a coastal management district)
   26.     Insertion of new ch 6, pt 4
   27.     Amendment of schedule (Dictionary)

           Part 3--Amendment of Environmental Protection Act 1994

   28.     Act amended in pt 3
   29.     Insertion of new s 7A
   30.     Amendment of s 20 (Levels for environmentally relevant activities)
   31.     Amendment of s 37 (When EIS process applies)
   32.     Replacement of ch 4A (Environmental authorities for petroleum activities)
   33.     Amendment of s 148 (Types of environmental authority (mining activities))
   34.     Amendment of s 150 (What are the application documents)
   35.     Replacement of ch 5, part 1, div 3 (Standard mining activities)
   36.     Omission of ch 5, pt 2, div 1 (Introduction)
   37.     Renumbering of ch 5, pt 2, div 2 (Applications)
   38.     Amendment of s 154 (General requirements for application)
   39.     Amendment of s 155 (Single application required for mining project)
   40.     Replacement of ch 5, pt 2, div 3 (Assessment level decision for certain applications)
   41.     Replacement of ch 5, pt 3 (Processing environmental authority (prospecting) applications)
   42.     Replacement of ch 5, pt 4, hdg (Processing environmental authority (mining claim) applications)
   43.     Amendment of s 172 (Operation of pt 4)
   44.     Omission of s 176 (Additional conditions may be included)
   45.     Replacement of ch 5, pt 5, hdg (Processing environmental authority (exploration) and environmental authority (mineral development) applications)
   46.     Omission of ch 5, pt 5, div 1, hdg (Preliminary)
   47.     Amendment of s 178 (Operation of pt 5)
   48.     Omission of ch 5, pt 5, div 2 (Standard applications)
   49.     Omission of ch 5, pt 5, div 3, hdg (Non-standard applications)
   50.     Omission of ch 5, pt 5, div 3, sdiv 1, hdg (Preliminary)
   51.     Omission of ch 5, pt 5, div 3, sdiv 2, hdg (EIS stage)
   52.     Omission of ch 5, pt 5, div 3, sdiv 3, hdg (Environmental management document stage)
   53.     Amendment of s 187 (Environmental management plan required)
   54.     Amendment of s 188 (Purpose of environmental management plan)
   55.     Amendment of s 189 (Environmental management plan—content requirements)
   56.     Amendment of s 190 (Amending environmental management plan)
   57.     Amendment of s 191 (EM plan assessment report may be prepared)
   58.     Amendment of s 192 (Requirements for EM plan assessment report)
   59.     Omission of ch 5, pt 5, div 3, sdiv 4, hdg (Decision stage)
   60.     Replacement of ch 5, pt 6, hdg (Processing environmental authority (mining lease) applications
   61.     Amendment of s 196 (Operation of pt 6)
   62.     Replacement of s 197 (Summary of pt 6 process)
   63.     Replacement of ch 5, pt 6, div 2, hdg (EIS stage for non-standard applications)
   64.     Amendment of s 198 (Application of div 2)
   65.     Amendment of s 199 (EIS process applies)
   66.     Replacement of ch 5, pt 6, div 3, hdg (Environmental management document stage for non-standard applications)
   67.     Omission of s 200 (Application of div 3)
   68.     Replacement of s 201 (EMOS required)
   69.     Amendment of s 202 (Purpose of EMOS)
   70.     Amendment of s 203 (EMOS—content requirements)
   71.     Amendment of s 204 (Amending EMOS)
   72.     Amendment of s 205 (EMOS assessment report may be prepared)
   73.     Amendment of s 206 (Requirements for EMOS assessment report)
   74.     Amendment of s 207 (Administering authority may refuse application)
   75.     Amendment of s 208 (Obligation to prepare draft environmental authority)
   76.     Omission of s 209 (Conditions—standard applications)
   77.     Amendment of s 210 (Conditions—non-standard applications)
   78.     Amendment of ch 5, pt 6, div 6, hdg (Public notice and objections stage for all applications)
   79.     Amendment of s 213 (Public access to application documents)
   80.     Amendment of s 216 (Right to make objection)
   81.     Amendment of s 222 (Nature of objections decision)
   82.     Amendment of s 223 (Matters to be considered for objections decision)
   83.     Amendment of s 225 (EPA Minister's decision on application)
   84.     Amendment of s 234 (Content requirements)
   85.     Replacement of s 239 (Additional conditions may be sought for standard authorities)
   86.     Amendment of s 240 (Requirements for application)
   87.     Omission of ch 5, pt 8, div 3 (Processing amendment applications for standard authorities)
   88.     Replacement of ch 5, pt 8, div 4, hdg (Processing other amendment applications
   89.     Omission of ch 5, pt 8, div 3, as renumbered under this Act, sdiv 1 (Preliminary)
   90.     Renumbering of ch 5, pt 8, div 3, as renumbered under this Act, sdiv 2 (Assessment level decision)
   91.     Insertion of new s 247A
   92.     Replacement of s 248 (Automatic refusal if EIS required)
   93.     Renumbering of ch 5, pt 8, div 3, as renumbered under this Act, sdiv 3 (Process if decision is significant increase in environmental harm likely and EIS not required)
   94.     Amendment of s 250 (Application of sdiv 3)
   95.     Amendment of s 251 (Relevant application process applies)
   96.     Replacement of s 253 (Previous environmental management document may be amended)
   97.     Renumbering of ch 5, pt 8, div 3, as renumbered under this Act, sdiv 4 (Process if decision is significant environmental harm unlikely)
   98.     Amendment of s 256 (Application of sdiv 4)
   99.     Insertion of new s 258A
   100.    Amendment of s 259 (Transfer only by approval)
   101.    Amendment of s 260 (Requirements for transfer application)
   102.    Insertion of new s 260A
   103.    Amendment of s 262 (Deciding application)
   104.    Amendment of s 265 (Effect of plan of operations and environmental management documents after transfer)
   105.    Amendment of s 274 (Content requirements for report)
   106.    Amendment of s 280 (Administering authority may require environmental audit)
   107.    Omission of s 291 (Other amendments—standard authorities)
   108.    Amendment of s 292 (Other amendments—non-standard authorities)
   109.    Amendment of s 293 (Conditions)
   110.    Amendment of s 302 (Requirement to seek advice from MRA chief executive)
   111.    Insertion of new ch 5, pt 13, div 1A
   112.    Omission of ch 6, pt 1 (Integrated authorities)
   113.    Omission of ch 6, pt 2, hdg (Miscellaneous provisions)
   114.    Amendment of s 318A (Changing anniversary day)
   115.    Amendment of s 364 (When financial assurance may be required)
   116.    Amendment of s 365 (Person may show cause why financial assurance should not be required)
   117.    Amendment of s 367 (Claims on financial assurances)
   118.    Amendment of s 426 (Environmental authority required for mining or petroleum activity)
   119.    Omission of s 428 (New approval required for certain activities if significant change)
   120.    Amendment of s 429 (Special provisions for interstate transporters of controlled waste)
   121.    Amendment of s 430 (Contravention of condition of environmental authority)
   122.    Amendment of s 480 (False, misleading or incomplete documents)
   123.    Amendment of s 495 (Proceedings for indictable offences)
   124.    Amendment of s 520 (Dissatisfied person)
   125.    Amendment of s 529 (Decision for appeals against refusals under s 207)
   126.    Amendment of s 540 (Required registers)
   127.    Amendment of s 549 (Minister may approve standard environmental conditions)
   128.    Replacement of ss 550 and 550A
   129.    Amendment of s 575 (Entry orders)
   130.    Replacement of s 579 (Compensation)
   131.    Amendment of s 584 (Definitions for pt 2)
   132.    Amendment of s 585 (What is a condition of a mining tenement for div 2)
   133.    Replacement of s 593 (Transitional authority taken to be non-standard)
   134.    Replacement of s 603 (Conversion to standard authority by application)
   135.    Amendment of ch 13, pt 2, div 4, sdiv 4, hdg (Environment management document requirements)
   136.    Amendment of s 608 (Environmental management document may be required)
   137.    Omission of s 622 (Effect of commencement on particular integrated authorities)
   138.    Insertion of new ch 13, pt 7
   139.    Amendment of sch 1 (Original decisions)
   140.    Amendment of sch 3 (Dictionary)

           Part 4--Amendment of Integrated Planning Act 1997

   141.    Act amended in pt 4
   142.    Insertion of new ch 6, pt 5
   143.    Amendment of sch 8 (Assessable development and self-assessable development)
   144.    Amendment of sch 8A (Assessment manager for development applications)
   145.    Amendment of sch 9 (Development that is exempt from assessment against a planning scheme)
   146.    Amendment of sch 10 (Dictionary)

           Part 5--Amendment of Land and Resources Tribunal Act 1999

   147.    Act amended in pt 5
   148.    Amendment of sch 1 (Requirements for constituting tribunal)

           Part 6--Amendment of Marine Parks Act 1982

   149.    Act amended in pt 6
   150.    Amendment of s 22 (Revocation of marine parks)
   151.    Insertion of new s 22A

           Part 7--Amendment of Meaker Trust (Raine Island Research) Act 1981

   152.    Act amended in pt 7
   153.    Insertion of new pt 6

           Part 8--Amendment of Mineral Resources Act 1989

   154.    Act amended in pt 8
   155.    Amendment of s 64A (Issue of certificate of public notice)
   156.    Amendment of s 252A (Issue of certificate of public notice)

           Part 9--Amendment of Nature Conservation Act 1992

   157.    Act amended in pt 9
   158.    Replacement of s 3 (Crown bound)
   159.    Amendment of s 3A (Territorial application of Act)
   160.    Amendment of s 5 (How object is to be achieved)
   161.    Amendment of s 29 (Dedication of protected areas)
   162.    Amendment of s 30 (Revocation of State forests and timber reserves)
   163.    Amendment of s 32 (Revocation of protected areas)
   164.    Amendment of s 33 (Amalgamation etc. of protected areas)
   165.    Amendment of s 53 (Proposal to declare World Heritage management area)
   166.    Amendment of s 56 (Revocation of World Heritage management area)
   167.    Amendment of s 57 (Proposal to declare international agreement area)
   168.    Amendment of s 70E (Revocation of forest reserves)
   169.    Amendment of s 74 (Management principles of international wildlife)
   170.    Amendment of s 83 (Property in protected animals)
   171.    Amendment of s 84 (Property in protected plants)
   172.    Replacement of s 88 (Restriction on taking etc. protected animals)
   173.    Amendment of s 91 (Prohibition on release etc. of international and prohibited wildlife)
   174.    Amendment of s 95 (Payment of conservation value)
   175.    Replacement of pt 5, div 7, hdg (General)
   176.    Insertion of new pt 5, div 8
   177.    Amendment of s 112 (Conservation plans)
   178.    Amendment of s 133 (Chief executive to keep register)
   179.    Amendment of s 135 (Chief executive may inquire into applications)
   180.    Insertion of new ss 152A and 152B
   181.    Amendment of s 160 (Evidentiary provisions)
   182.    Amendment of s 164 (Indictable and summary offences)
   183.    Amendment of s 165 (Proceedings for indictable offences)
   184.    Amendment of s 173A (Definitions for div 2)
   185.    Insertion of new ss 173P and 173Q
   186.    Amendment of s 175 (Regulation-making power)
   187.    Insertion of new pt 12, div 1, hdg
   188.    Insertion of new pt 12, div 2
   189.    Amendment of schedule (Dictionary)

           Part 10--Amendment of Nature Conservation Amendment Act 2004

   190.    Act amended in pt 10
   191.    Insertion of new s 7A
   192.    Omission of s 11 (Insertion of new pt 12, div 1, hdg)
   193.    Amendment of s 12 (Insertion of new pt 12, div 2)