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Queensland
Environmental Protection and
Other Legislation Amendment
Bill (No. 2) 2008
Queensland
Environmental Protection and Other
Legislation Amendment Bill (No. 2) 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Environmental Protection Act 1994
3 Act amended in pt 2 and sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 15 (Environmental nuisance). . . . . . . . . . . . . . . 10
5 Amendment of s 17 (Serious environmental harm) . . . . . . . . . . . 10
6 Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17A Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 18 (Meaning of environmentally relevant
activity) ..................................... 11
8 Amendment of s 19 (Environmentally relevant activity may be
prescribed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Omission of s 20 (Levels for environmentally relevant activities) . 11
10 Amendment of s 57 (EIS assessment report) . . . . . . . . . . . . . . . 12
11 Amendment of s 73AA (Development applications in relation to
wild river areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 73F (Registration certificates) . . . . . . . . . . . . . . 14
13 Insertion of new s 73FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
73FA Issue of 2 or more registration certificates in place
of single certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Amendment of s 73O (Surrendering a registration certificate) . . . 16
15 Amendment of s 73T (Offences under s 427 do not apply in
certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 77 (What is a petroleum activity, a level 1
petroleum activity and a level 2 petroleum activity) . . . . . . . . . . . 17
17 Amendment of s 163A (Application of div 3) . . . . . . . . . . . . . . . . 17
18 Amendment of s 171 (Deciding application). . . . . . . . . . . . . . . . . 17
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Contents
19 Amendment of s 173 (Administering authority may refuse
application) .................................... 18
20 Amendment of s 207 (Administering authority may refuse
application) .................................... 18
21 Amendment of s 214 (Declaration of compliance) . . . . . . . . . . . . 18
22 Amendment of s 215 (Substantial compliance may be accepted) 18
23 Amendment of s 228 (Grant of application on basis of draft
environmental authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Amendment of s 240 (Requirements for application) . . . . . . . . . . 19
25 Amendment of s 246 (Assessment level and EIS decisions for
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 247 (Ministerial decision about assessment
level and EIS decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 337 (Administering authority to consider draft
programs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Insertion of new ch 7, pts 5A to 5C . . . . . . . . . . . . . . . . . . . . . . . 20
Part 5A Direction notices
363A Prescribed provisions . . . . . . . . . . . . . . . . . . . . . . . . . 20
363B Authorised person may issue a direction notice . . . . . 20
363C Matters to consider before issuing a direction notice
relating to particular emissions. . . . . . . . . . . . . . . . . . 21
363D Requirements of direction notices . . . . . . . . . . . . . . . 23
363E Offence not to comply with a direction notice . . . . . . . 24
Part 5B Clean-up notices
363F Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 24
363G Who are the prescribed persons for a contamination
incident ................................. 24
363H Administering authority may issue clean-up notice . . 25
363I Offence not to comply with clean-up notice . . . . . . . . 27
363J Procedure if recipient is not the owner of land on
which action is required . . . . . . . . . . . . . . . . . . . . . . . 28
363K Taking action in place of recipient . . . . . . . . . . . . . . . 29
363L Obstruction of recipient complying with notice . . . . . . 30
Part 5C Cost recovery notices
363M Who are the prescribed persons for a contamination
incident ................................. 30
363N Administering authority may issue cost recovery
notice ............................... 31
363O Several recipients of a cost recovery notice . . . . . . . . 34
Page 2
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Contents
29 Amendment of s 364 (When financial assurance may be
required) ..................................... 34
30 Replacement of s 369 (Restrictions on performing waste
management works). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
369 Restrictions on performing waste management works 34
31 Insertion of new s 369C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
369C Offence of contravening approval . . . . . . . . . . . . . . . . 35
32 Amendment of s 380 (Procedure to be followed if recipient
is not owner) ...................................... 35
33 Amendment of s 394 (Procedure to be followed if recipient
is not owner) ..................................... 35
34 Amendment of s 409 (Procedure to be followed if recipient
is not owner) ..................................... 35
35 Replacement of s 426 (Environmental authority required for
mining or petroleum activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
426 Environmental authority required for mining activity. . 36
426A Environmental authority required for petroleum
activity .............................. 36
36 Amendment of s 427 (Only registered operators may carry out
chapter 4 activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
37 Omission of s 436 (Unlawful environmental harm). . . . . . . . . . . . 36
38 Amendment of s 437 (Offences of causing serious
environmental harm) ................................ 37
39 Amendment of s 438 (Offences of causing material
environmental harm) ............................... 37
40 Amendment of s 440 (Offence of causing environmental
nuisance) .................................... 37
41 Insertion of new ch 8, pts 3B to 3F. . . . . . . . . . . . . . . . . . . . . . . . 38
Part 3B Offences relating to noise standards
Division 1 Preliminary
440K Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 38
440L Meaning of audible noise . . . . . . . . . . . . . . . . . . . . . . 40
440M Reference to making a noise . . . . . . . . . . . . . . . . . . . 40
440N Noise levels measured at an affected building . . . . . . 41
Division 2 Application of noise standards
440O Local law may prescribe noise standards. . . . . . . . . . 41
440P Default noise standards under div 3 . . . . . . . . . . . . . . 41
440Q Offence of contravening a noise standard . . . . . . . . . 42
Division 3 Default noise standards
Page 3
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Contents
440R Building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
440S Regulated devices . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
440T Pumps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
440U Airconditioning equipment . . . . . . . . . . . . . . . . . . . . . 45
440V Refrigeration equipment . . . . . . . . . . . . . . . . . . . . . . . 45
440W Indoor venues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
440X Open-air events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
440Y Amplifier devices other than at indoor venue or
open-air event. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
440Z Power boat sports in waterway. . . . . . . . . . . . . . . . . . 47
440ZA Operating power boat engine at premises . . . . . . . . . 48
440ZB Blasting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
440ZC Outdoor shooting ranges . . . . . . . . . . . . . . . . . . . . . . 49
Part 3C Offences relating to water contamination
440ZD Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . 50
440ZE Meaning of deposits for pt 3C. . . . . . . . . . . . . . . . . . . 50
440ZF Prescribed water contaminants . . . . . . . . . . . . . . . . . 51
440ZG Depositing prescribed water contaminants in
waters and related matters . . . . . . . . . . . . . . . . . . . . . 52
Part 3D Offences relating to releases from boats into
non-coastal waters
440ZH Definitions for pt 3D . . . . . . . . . . . . . . . . . . . . . . . . . . 52
440ZI Release of certain substances from boats into
non-coastal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
440ZJ Release of sewage from boats into non-coastal
waters ............................... 54
440ZK Depositing rubbish from boats into non-coastal
waters ............................... 54
Part 3E Offences relating to air contamination
440ZL Sale of solid fuel-burning equipment for use in
residential premises and related matters . . . . . . . . . . 55
440ZM Permitted concentration of sulfur in liquid fuel for
use in stationary fuel-burning equipment . . . . . . . . . . 57
Part 3F Offences relating to fuel standards
Division 1 Preliminary
440ZN Purpose of pt 3F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
440ZO Definitions for pt 3F . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2 Offences
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Contents
440ZP Non-application of div 2 . . . . . . . . . . . . . . . . . . . . . . . 61
440ZQ Supply of fuel that does not comply with
Commonwealth fuel standard determinations . . . . . . 61
440ZR Permitted Reid vapour pressure--fuel with
particular ethanol content . . . . . . . . . . . . . . . . . . . . . . 61
440ZS Permitted Reid vapour pressure--other fuel . . . . . . . 62
Division 3 Exemptions
440ZT Making applications . . . . . . . . . . . . . . . . . . . . . . . . . . 62
440ZU Request for further information. . . . . . . . . . . . . . . . . . 62
440ZV Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 63
440ZW Giving exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
440ZX Refusing applications . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 4 Record keeping
440ZY Record keeping requirements . . . . . . . . . . . . . . . . . . 64
42 Omission of s 441 (Offences of contravention of environmental
protection policy or regulation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
43 Amendment of s 452 (Entry of place--general) . . . . . . . . . . . . . . 65
44 Amendment of s 453 (Entry of land--search, test, sample
etc. for release of contaminant) . . . . . . . . . . . . . . . . . . . . . . . . . . 65
45 Amendment of s 454 (Entry of land--preliminary investigation) . 65
46 Amendment of s 455 (Entry of land for access) . . . . . . . . . . . . . . 65
47 Amendment of s 458 (Order to enter land to conduct
investigation or conduct work) . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
48 Replacement of s 478 (Failure to comply with authorised
person's direction in emergency) . . . . . . . . . . . . . . . . . . . . . . . . . 66
478 Failure to comply with authorised person's direction
in emergency .......................... 66
49 Replacement of s 482 (Obstruction of authorised persons) . . . . . 67
482 Obstruction of authorised persons . . . . . . . . . . . . . . . 67
50 Amendment of s 486 (Authorised person to give notice of
seizure or damage) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
51 Amendment of s 487 (Compensation) . . . . . . . . . . . . . . . . . . . . . 68
52 Amendment of s 488 (Administering authority to reimburse
costs and expenses incurred). . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
53 Replacement of s 491 (Special evidentiary
provision--environmental nuisance) . . . . . . . . . . . . . . . . . . . . . . 69
491 Special evidentiary provision--particular emissions . 69
491A Further special evidentiary provisions for noise . . . . . 69
54 Insertion of new ch 10, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Contents
Part 2A Unlawfulness of particular acts
493A When environmental harm or related acts are
unlawful ............................. 71
55 Amendment of s 505 (Restraint of contraventions of Act etc.) . . . 72
56 Amendment of s 514 (Devolution of powers) . . . . . . . . . . . . . . . . 72
57 Amendment of s 520 (Dissatisfied person) . . . . . . . . . . . . . . . . . 73
58 Amendment of s 521 (Procedure for review) . . . . . . . . . . . . . . . . 73
59 Insertion of new s 535A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
535A Stay of decision to issue a clean-up notice . . . . . . . . 73
60 Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . 74
61 Amendment of s 575 (Entry orders) . . . . . . . . . . . . . . . . . . . . . . . 74
62 Insertion of new ch 12, pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 4B Protocols and standards
579B Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
579C Prescribed standards . . . . . . . . . . . . . . . . . . . . . . . . . 76
63 Amendment of s 580 (Regulation-making power) . . . . . . . . . . . . 76
64 Amendment of s 593 (Transitional authority taken to be
non-code compliant). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
65 Insertion of new ch 13, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 10 Savings provision for Environmental Protection
and Other Legislation Amendment Act (No. 2)
2008
645 Definition for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
646 Accrediting entity for s 440ZL . . . . . . . . . . . . . . . . . . . 77
66 Insertion of new sch 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Schedule 1AA Exclusions relating to environmental
nuisance or environmental harm
Part 1 Environmental nuisance excluded from ss 440
and 440Q
1 Safety and transport noise . . . . . . . . . . . . . . . . . . . . . 77
2 Government activities and public infrastructure . . . . . 78
3 Nuisance regulated by other laws . . . . . . . . . . . . . . . 79
Part 2 Exclusions from environmental harm and
environmental nuisance
4 Non-domestic animal noise . . . . . . . . . . . . . . . . . . . . 80
5 Particular cooking odours. . . . . . . . . . . . . . . . . . . . . . 80
67 Amendment of sch 1 (Original decisions). . . . . . . . . . . . . . . . . . . 80
68 Amendment of sch 2 (Notifiable activities) . . . . . . . . . . . . . . . . . . 81
Page 6
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Contents
69 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 81
70 Renumbering of schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Part 3 Amendment of Dangerous Goods Safety Management Act
2001
71 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
72 Amendment of s 107 (Recovery of costs of government action) . 87
73 Insertion of new ss 107A and 107B . . . . . . . . . . . . . . . . . . . . . . . 88
107A Cost recovery notice. . . . . . . . . . . . . . . . . . . . . . . . . . 88
107B Cost recovery notice issued to several persons . . . . . 90
74 Insertion of new pt 9, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 1A Appeals against decision to issue cost
recovery notice
154A Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
154B Court to which appeal may be made . . . . . . . . . . . . . 90
154C Application of ss 150-154 to an appeal under this
division .............................. 90
75 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Part 13 Transitional provision for Environmental
Protection and Other Legislation Amendment
Act (No. 2) 2008
189 Proceedings started before commencement of
this section .......................... 91
76 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 91
Part 4 Amendment of Environmental Protection and Other
Legislation Amendment Act 2007
77 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
78 Amendment of s 26 (Amendment of s 514 (Devolution of
powers)) ...................................... 92
Part 5 Amendment of Integrated Planning Act 1997
79 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
80 Amendment of s 1.3.5 (Definitions for terms used in
development) ................................. 93
81 Amendment of s 4.1.28A (Additional and extended appeal
rights for submitters for particular development applications) . . . 93
82 Insertion of new ch 6, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Part 9 Transitional provisions for Environmental
Protection and Other Legislation Amendment
Act (No. 2) 2008
6.9.1 Particular activities not a material change of use . . . . 94
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Contents
6.9.2 Deferment of application of s 4.3.1 to particular
material changes of use . . . . . . . . . . . . . . . . . . . . . . . 94
83 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
84 Amendment of sch 8A (Assessment manager for development
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
85 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 96
86 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 6 Amendment of Nature Conservation Act 1992
87 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
88 Amendment of s 33 (Amalgamation etc. of protected areas) . . . . 97
89 Amendment of s 36 (Authorities for new national park or
national park (recovery)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
90 Amendment of s 46 (Declaration of protected area) . . . . . . . . . . 97
91 Amendment of s 47 (Duration and termination of conservation
agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
92 Amendment of s 48 (Variation of conservation agreements) . . . . 98
93 Amendment of s 70B (Definitions for pt 4A) . . . . . . . . . . . . . . . . . 99
94 Insertion of new s 70BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
70BA SEQ horse riding trail network . . . . . . . . . . . . . . . . . . 99
95 Insertion of new ss 70JA and 70JB . . . . . . . . . . . . . . . . . . . . . . . 99
70JA Review of impact of horse riding trails . . . . . . . . . . . . 99
70JB Assessment by independent scientific advisory
committee ............................ 100
96 Amendment of s 70K (Designation) . . . . . . . . . . . . . . . . . . . . . . . 101
97 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 101
Part 7 Amendments of other Acts
98 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Schedule 1 Minor amendments of Environmental Protection Act 1994 . . 103
Schedule 2 Consequential and minor amendments of other Acts . . . . . . 106
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 106
Industrial Development Act 1963 . . . . . . . . . . . . . . . . . . . . . . . . . 106
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
State Development and Public Works Organisation Act 1971 . . . 107
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Wild Rivers Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Page 8
2008
A Bill
for
An Act to amend the Environmental Protection Act 1994, the
Dangerous Goods Safety Management Act 2001, the
Environmental Protection and Other Legislation Amendment
Act 2007, the Integrated Planning Act 1997 and the Nature
Conservation Act 1992 for particular purposes, and to make
consequential or minor amendments of other Acts as stated in
schedule 2 for purposes related to those particular purposes
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
[s 1]
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 (No. 2) 2008. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Environmental 8
Protection Act 1994 9
Clause 3 Act amended in pt 2 and sch 1 10
This part and schedule 1 amend the Environmental Protection 11
Act 1994. 12
Clause 4 Amendment of s 15 (Environmental nuisance) 13
Section 15(a)-- 14
omit, insert-- 15
`(a) aerosols, fumes, light, noise, odour, particles or smoke; 16
or'. 17
Clause 5 Amendment of s 17 (Serious environmental harm) 18
(1) Section 17(1)(a), from `that causes' to `values'-- 19
omit. 20
Page 10
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 6]
(2) Section 17(1)(b), from `that' to `values of'-- 1
omit, insert-- 2
`caused to'. 3
Clause 6 Insertion of new s 17A 4
After section 17-- 5
insert-- 6
`17A Exclusions 7
`Despite sections 14 and 15, a thing stated in schedule 1, part 8
2 is not environmental harm or environmental nuisance.'. 9
Clause 7 Amendment of s 18 (Meaning of environmentally relevant 10
activity) 11
Section 18(a)-- 12
omit, insert-- 13
`(a) a mining activity or petroleum activity; or'. 14
Clause 8 Amendment of s 19 (Environmentally relevant activity 15
may be prescribed) 16
Section 19, after `mining activity'-- 17
insert-- 18
`or petroleum activity'. 19
Clause 9 Omission of s 20 (Levels for environmentally relevant 20
activities) 21
Section 20-- 22
omit. 23
Page 11
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 10]
Clause 10 Amendment of s 57 (EIS assessment report) 1
Section 57(2)(a), `the end of the relevant period under section 2
56'-- 3
omit, insert-- 4
`the day the notice mentioned in subsection (1) was given'. 5
Clause 11 Amendment of s 73AA (Development applications in 6
relation to wild river areas) 7
(1) Section 73AA(2), from `environmentally' to `material)'-- 8
omit, insert-- 9
`extraction ERA'. 10
(2) Section 73AA(3)(a) and (b)-- 11
omit, insert-- 12
`(a) a sewage ERA; 13
(b) a water treatment ERA; 14
(c) a dredging ERA; 15
(d) an extraction ERA, if the activity is a low impact 16
activity carried out outside waters and is for specified 17
works, or residential complexes, in the area; 18
(e) a screening ERA, if the activity is carried out outside 19
waters and is for specified works, or residential 20
complexes, in the area; 21
(f) a crude oil or petroleum product storage ERA, if the 22
activity is for residential complexes in the area and is 23
carried out outside a designated urban area; 24
(g) an exempt environmentally relevant activity in a 25
designated urban area.'. 26
(3) Section 73AA(4), from `environmentally' to `item 20'-- 27
omit, insert-- 28
`extraction ERA'. 29
Page 12
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 11]
(4) Section 73AA(6)(b)(i) and (ii)-- 1
omit, insert-- 2
`(i) a sewage ERA or water treatment ERA, if the 3
development is in a designated urban area; 4
(ii) development mentioned in subsection (3)(g); and'. 5
(5) Section 73AA(8), `(3)(a)(i)'-- 6
omit, insert-- 7
`(3)(a) or (b)'. 8
(6) Section 73AA(9), definition exempt environmentally relevant 9
activity-- 10
omit. 11
(7) Section 73AA(9)-- 12
insert-- 13
`crude oil or petroleum product storage ERA means a 14
chapter 4 activity, prescribed under a regulation for this 15
section, relating to storing crude oil or a petroleum product. 16
dredging ERA means a chapter 4 activity, prescribed under a 17
regulation for this section, relating to dredging material. 18
exempt environmentally relevant activity means a chapter 4 19
activity prescribed under a regulation for this definition. 20
extraction ERA means a chapter 4 activity, prescribed under a 21
regulation for this section, relating to extracting rock or other 22
material. 23
screening ERA means a chapter 4 activity, prescribed under a 24
regulation for this section, relating to screening, washing, 25
crushing, grinding, milling, sizing or separating material 26
extracted from the earth or dredged. 27
sewage ERA means a chapter 4 activity, prescribed under a 28
regulation for this section, relating to sewage treatment. 29
water treatment ERA means a chapter 4 activity, prescribed 30
under a regulation for this section, relating to water 31
treatment.'. 32
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Part 2 Amendment of Environmental Protection Act 1994
[s 12]
Clause 12 Amendment of s 73F (Registration certificates) 1
(1) Section 73F(1), `a certificate (a registration certificate)'-- 2
omit, insert-- 3
`1 or more certificates (each a registration certificate)'. 4
(2) Section 73F(4)(a), `under subsection (2),'-- 5
omit. 6
(3) Section 73F(7), `or (5)'-- 7
omit, insert-- 8
`, (3) or (6)'. 9
(4) Section 73F(3) to (7)-- 10
renumber as section 73F(4) to (8). 11
(5) Section 73F(2)-- 12
omit, insert-- 13
`(2) Subject to subsection (3), if the activities are carried out at 2 14
or more places, a separate registration certificate must be 15
granted for the activities carried out at each place. 16
`(3) A single registration certificate may be granted for activities 17
carried out at different places if-- 18
(a) the administering authority is satisfied the activities will 19
be carried out as a single integrated operation; or 20
(b) all the following apply-- 21
(i) the applicant is a local government; 22
(ii) the applicant asks the administering authority to 23
grant a single registration certificate for the 24
activities; 25
(iii) the administering authority is satisfied the 26
activities are non-commercial and it would be 27
appropriate, having regard to the level of 28
integration of the activities, to grant a single 29
registration certificate for them.'. 30
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 13]
Clause 13 Insertion of new s 73FA 1
After section 73F-- 2
insert-- 3
`73FA Issue of 2 or more registration certificates in place 4
of single certificate 5
`(1) This section applies if-- 6
(a) a person holds a single registration certificate for 7
activities carried out at 2 or more places; and 8
(b) the administering authority believes that, if the person 9
did not hold the certificate and were to apply to be a 10
registered operator to carry out the activities, a single 11
registration certificate may not be granted for the 12
activities under section 73F(3). 13
`(2) The administering authority may give the person a notice 14
stating-- 15
(a) the belief mentioned in subsection (1)(b); and 16
(b) the grounds for the belief; and 17
(c) that the administering authority proposes to cancel the 18
registration certificate and issue 2 or more registration 19
certificates for the activities; and 20
(d) that, if the administering authority takes the action 21
mentioned in paragraph (c) (the replacement action), 22
the person must pay the fees for the additional 23
registration certificates; and 24
(e) that the person may make written representations to the 25
administering authority about why the authority should 26
not take the replacement action; and 27
(f) the period, at least 20 business days after the notice is 28
given, within which the representations may be made; 29
and 30
(g) the name, address and contact details of the 31
administering authority; 32
(h) the review or appeal details. 33
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 14]
`(3) If, after considering any written representations received from 1
the person within the time stated in the notice, the 2
administering authority is satisfied of the matters stated in 3
subsection (1)(b), it may take the replacement action. 4
`(4) The administering authority must give the person written 5
notice stating-- 6
(a) whether or not it has decided to take the replacement 7
action; and 8
(b) if it takes the replacement action-- 9
(i) the fees payable by the person for the additional 10
registration certificates; and 11
(ii) the review or appeal details. 12
`(5) On receiving a notice under subsection (4)(b), the person must 13
pay the fees for the additional registration certificates.'. 14
Clause 14 Amendment of s 73O (Surrendering a registration 15
certificate) 16
(1) Section 73O(6), words before section 73O(6)(b)(i)-- 17
omit, insert-- 18
`(6) In making a decision under subsection (3), the administering 19
authority must consider the following--'. 20
(2) Section 73O(6)(i) to (vii)-- 21
renumber as section 73O(6)(a) to (g). 22
Clause 15 Amendment of s 73T (Offences under s 427 do not apply 23
in certain circumstances) 24
(1) Section 73T(2), `4 months'-- 25
omit, insert-- 26
`1 year'. 27
(2) Section 73T(3), `4 months mentioned in subsection (2) end if, 28
within the 4 months'-- 29
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 16]
omit, insert-- 1
`1 year period mentioned in subsection (2) ends if, within the 2
period'. 3
Clause 16 Amendment of s 77 (What is a petroleum activity, a level 1 4
petroleum activity and a level 2 petroleum activity) 5
Section 77(2) and (3)-- 6
omit, insert-- 7
`(2) Each petroleum activity must be prescribed under a regulation 8
as a level 1 or level 2 petroleum activity, depending on the risk 9
of environmental harm.'. 10
Clause 17 Amendment of s 163A (Application of div 3) 11
Section 163A(a), `or an environmental authority (mining 12
claim)'-- 13
omit, insert-- 14
`, environmental authority (mining claim) or environmental 15
authority (exploration)'. 16
Clause 18 Amendment of s 171 (Deciding application) 17
(1) Section 171(2)(a) to (f)-- 18
renumber as section 171(2)(i) to (vi). 19
(2) Section 171(2), `must consider each of the following--'-- 20
omit, insert-- 21
`must-- 22
(a) comply with any relevant regulatory requirement; and 23
(b) subject to paragraph (a), consider each of the 24
following--'. 25
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 19]
Clause 19 Amendment of s 173 (Administering authority may refuse 1
application) 2
(1) Section 173(2)(a) to (e)-- 3
renumber as section 173(2)(i) to (v). 4
(2) Section 173(2), `, consider the following--'-- 5
omit, insert-- 6
`-- 7
(a) comply with any relevant regulatory requirement; and 8
(b) subject to paragraph (a), consider each of the 9
following--'. 10
Clause 20 Amendment of s 207 (Administering authority may refuse 11
application) 12
(1) Section 207(2)(a) to (e)-- 13
renumber as section 207(2)(i) to (v). 14
(2) Section 207(2), `, consider the following--'-- 15
omit, insert-- 16
`-- 17
(a) comply with any relevant regulatory requirement; and 18
(b) subject to paragraph (a), consider each of the 19
following--'. 20
Clause 21 Amendment of s 214 (Declaration of compliance) 21
Section 214(1), `starts'-- 22
omit, insert-- 23
`ends'. 24
Clause 22 Amendment of s 215 (Substantial compliance may be 25
accepted) 26
Section 215(1), `before'-- 27
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 23]
omit, insert-- 1
`within 10 business days after'. 2
Clause 23 Amendment of s 228 (Grant of application on basis of 3
draft environmental authority) 4
Section 228(1), `10 days'-- 5
omit, insert-- 6
`10 business days'. 7
Clause 24 Amendment of s 240 (Requirements for application) 8
Section 240(c)-- 9
omit, insert-- 10
`(c) accompanied by the fee prescribed under a regulation.'. 11
Clause 25 Amendment of s 246 (Assessment level and EIS 12
decisions for application) 13
Section 246(2), after `subsection (1)'-- 14
insert-- 15
`, comply with any relevant regulatory requirement and'. 16
Clause 26 Amendment of s 247 (Ministerial decision about 17
assessment level and EIS decisions) 18
Section 247(7), after `consider'-- 19
insert-- 20
`any relevant regulatory requirement,'. 21
Clause 27 Amendment of s 337 (Administering authority to consider 22
draft programs) 23
Section 337(1), `after the application date.'-- 24
omit, insert-- 25
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
`after-- 1
(a) if public notice is required under section 335--the day 2
stated in the notice as the day by which submissions 3
may be made to the administering authority; or 4
(b) otherwise--the application date.'. 5
Clause 28 Insertion of new ch 7, pts 5A to 5C 6
Chapter 7-- 7
insert-- 8
`Part 5A Direction notices 9
`363A Prescribed provisions 10
`This part provides for a direction notice to be issued in 11
relation to a contravention of section 440, 440Q or 440ZG 12
(each of which is a prescribed provision). 13
Editor's note-- 14
section 440 (Offence of causing environmental nuisance), 440Q 15
(Offence of contravening a noise standard) or 440ZG (Depositing 16
prescribed water contaminants in waters and related matters) 17
`363B Authorised person may issue a direction notice 18
`(1) This section applies if an authorised person is satisfied on 19
reasonable grounds that-- 20
(a) a person-- 21
(i) is contravening a prescribed provision; or 22
(ii) has contravened a prescribed provision in 23
circumstances that make it likely the contravention 24
will continue or be repeated; and 25
(b) a matter relating to the contravention can be remedied; 26
and 27
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
(c) it is appropriate to give the person an opportunity to 1
remedy the matter. 2
`(2) The authorised person may issue a written notice (a direction 3
notice) to the person requiring the person to remedy the 4
contravention. 5
`(3) If, for any reason, it is not practicable to make a requirement 6
to remedy the contravention by written notice, the 7
requirement may be made orally and confirmed by a direction 8
notice as soon as practicable. 9
Note-- 10
Whether an oral requirement is made before issuing a direction notice is 11
relevant to the time by which the person may be required to remedy the 12
contravention. See section 363D(2)(c). 13
`363C Matters to consider before issuing a direction notice 14
relating to particular emissions 15
`(1) This section applies to a contravention of section 440 16
involving an emission of aerosols, fumes, light, noise, odour, 17
particles or smoke. 18
`(2) Before deciding to issue a direction notice in relation to the 19
contravention, the authorised person must-- 20
(a) consider the general emission criteria stated in 21
subsection (3); and 22
(b) if the emission is of noise, consider the noise emission 23
criteria stated in subsection (4); and 24
(c) having regard to those criteria, consider whether it 25
would be appropriate to issue the direction notice or to 26
first try to resolve the matter in another way. 27
`(3) The general emission criteria, for a particular emission, are as 28
follows-- 29
(a) the emission's characteristics or qualities; 30
(b) the emission's amount or rate; 31
(c) the duration and time of the emission; 32
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
(d) whether the emission is continuous or fluctuating; 1
(e) the characteristics and qualities of the receiving 2
environment, including the types of emissions that could 3
reasonably be expected in the receiving environment; 4
(f) the emission's impact on the receiving environment; 5
(g) in relation to each affected person for the emission-- 6
(i) any views of the affected person about the 7
emission of which the authorised person is aware, 8
including views about the degree of interference 9
caused, or likely to be caused, by the emission to 10
lawful activities at the place occupied by the 11
affected person; and 12
(ii) the order of occupancy between the person causing 13
the emission and the affected person; and 14
(iii) for the period during which the person causing the 15
emission has occupied the place from which the 16
emission is generated and the affected person has 17
occupied the place affected by the emission-- 18
(A) any structural or other changes to either of 19
those places; and 20
(B) any change to the activities conducted at 21
either of those places by the person causing 22
the emission or affected person; 23
(h) any mitigating measures that have been taken or could 24
reasonably have been taken by the person causing the 25
emission. 26
`(4) The noise emission criteria are as follows-- 27
(a) if the authorised person has measured a sound pressure 28
level for the noise--that level; 29
(b) the audibility of the noise; 30
(c) whether the noise is continuous at a steady level or 31
whether it has a fluctuating, intermittent, tonal or 32
impulsive nature; 33
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
(d) whether the noise has vibration components. 1
`(5) In this section-- 2
affected person, for an emission, means a person who the 3
authorised person knows to be affected by the emission. 4
`363D Requirements of direction notices 5
`(1) A direction notice must state the following-- 6
(a) that the authorised person believes the person-- 7
(i) is contravening a prescribed provision; or 8
(ii) has contravened a prescribed provision in 9
circumstances that make it likely the contravention 10
will continue or be repeated; 11
(b) the particular prescribed provision the authorised person 12
believes is being, or has been, contravened; 13
(c) briefly, how it is believed the prescribed provision is 14
being, or has been, contravened; 15
(d) the time by which the person must remedy the 16
contravention; 17
(e) that it is an offence to fail to comply with the direction 18
notice unless the person has a reasonable excuse; 19
(f) the maximum penalty for failing to comply with the 20
direction notice; 21
(g) the review or appeal details. 22
`(2) The time under subsection (1)(d) must be reasonable having 23
regard to-- 24
(a) the action required to remedy the contravention; and 25
(b) the risk to human health or the natural environment, or 26
risk of loss or damage to property, posed by the 27
contravention; and 28
(c) how long the person has been aware of the 29
contravention, for example, because an authorised 30
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
person has previously made an oral requirement that the 1
contravention be remedied. 2
`(3) The notice may also state the reasonable steps the authorised 3
person considers necessary to remedy the contravention, or 4
avoid further contravention, of the prescribed provision. 5
`363E Offence not to comply with a direction notice 6
`A person who is issued with a direction notice must comply 7
with it unless the person has a reasonable excuse. 8
Maximum penalty--300 penalty units. 9
`Part 5B Clean-up notices 10
`363F Definitions for pt 5B 11
`In this part-- 12
contamination incident means an incident, involving 13
contamination of the environment, that the administering 14
authority is satisfied has caused or is likely to cause serious or 15
material environmental harm. 16
place means premises, another place on land or a vehicle. 17
`363G Who are the prescribed persons for a contamination 18
incident 19
`For this part, each of the following persons is a prescribed 20
person for a contamination incident-- 21
(a) a person causing or permitting, or who caused or 22
permitted, the incident to happen; 23
(b) a person who, at the time of the incident, is or was-- 24
(i) the occupier of a place at or from which the 25
incident is happening or happened; or 26
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
(ii) the owner, or person in control, of a contaminant 1
involved in the incident; 2
(c) if a clean-up notice is issued to a corporation (the first 3
corporation) in relation to the incident and it fails to 4
comply with the notice-- 5
(i) a parent corporation of the first corporation; and 6
(ii) an executive officer of the first corporation. 7
`363H Administering authority may issue clean-up notice 8
`(1) The administering authority may issue a written notice (a 9
clean-up notice) to a person whom the administering 10
authority reasonably believes to be a prescribed person for a 11
contamination incident, requiring the person to take stated 12
action to-- 13
(a) prevent or minimise contamination; or 14
Example-- 15
action to contain, remove, disperse or destroy the contaminants 16
(b) rehabilitate or restore the environment because of the 17
incident, including by taking steps to mitigate or remedy 18
the effects of the incident; or 19
(c) assess the nature and extent of the environmental harm, 20
or the risk of further environmental harm, from the 21
incident, including by inspecting, sampling, recording, 22
measuring, calculating, testing or analysing; or 23
(d) keep the administering authority informed about the 24
incident or the actions taken under the notice, including 25
by giving to the administering authority stated reports, 26
plans, drawings or other documents. 27
`(2) The clean-up notice must state the following matters-- 28
(a) the name of the recipient; 29
(b) a description of the contamination incident; 30
(c) the place at or from which the administering authority is 31
satisfied the incident is happening or has happened; 32
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
(d) the actions the recipient must take; 1
(e) for each action, the time by which it must be taken; 2
(f) that it is an offence for the recipient not to comply with 3
the notice unless the recipient has a reasonable excuse; 4
(g) the maximum penalty for the offence; 5
(h) that, if the recipient does not comply with the notice, an 6
authorised person may take any of the actions stated in 7
the notice and the administering authority may recover 8
from the recipient the costs incurred in taking the 9
actions; 10
(i) the name, address and contact details of the 11
administering authority; 12
(j) the review or appeal details. 13
`(3) The time under subsection (2)(e) must be reasonable in all the 14
circumstances, having regard to the actions the recipient must 15
take and the risk of harm or further harm from the incident. 16
`(4) The notice may include any other information the 17
administering authority considers appropriate. 18
Example-- 19
The notice may state how the administering authority proposes to 20
monitor compliance with the notice, including by exercising powers 21
under chapter 9. 22
`(5) If the notice is issued to 2 or more recipients, a copy must be 23
given to each recipient. 24
`(6) To the extent that the recipient complies with the notice but 25
did not cause or permit the contamination incident to happen, 26
the recipient may recover as a debt, from another person who 27
caused or permitted the contamination incident to happen, the 28
amount of loss or expense incurred by the recipient in 29
complying with the notice. 30
`(7) A reference in this section to taking actions includes 31
achieving outcomes. 32
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
Example-- 1
A clean-up notice may state, as an action that must be taken, that the 2
recipient must ensure contaminated water does not reach the aquifer. 3
`363I Offence not to comply with clean-up notice 4
`(1) The recipient of a clean-up notice must comply with the 5
notice unless the recipient has a reasonable excuse. 6
Maximum penalty--2000 penalty units. 7
`(2) If the recipient is an individual and the notice includes a 8
requirement to give information or produce a document, it is a 9
reasonable excuse for the individual to fail to comply with the 10
requirement if complying with the requirement might tend to 11
incriminate the individual. 12
`(3) In proceedings for an offence against subsection (1), it is a 13
defence for the recipient to show-- 14
(a) that the recipient is not a prescribed person; or 15
(b) that the relevant contamination incident was caused by a 16
natural disaster; or 17
(c) that-- 18
(i) the relevant contamination incident was caused by 19
a terrorist act or other deliberate act of sabotage by 20
someone other than the recipient; and 21
(ii) the recipient had taken all measures it would be 22
reasonable for the recipient to have taken to 23
prevent the incident, having regard to all the 24
circumstances including the inherent nature of the 25
risk and the nature of the recipient's connection 26
with the incident; or 27
(d) if the recipient is a prescribed person mentioned in 28
section 363G(c)(i), that it took all reasonable steps to 29
ensure the first corporation complied with the notice 30
served on the first corporation; or 31
(e) if the recipient is a prescribed person mentioned in 32
section 363G(c)(ii), that-- 33
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
(i) the person took all reasonable steps to ensure the 1
first corporation complied with the notice served 2
on the first corporation; or 3
(ii) the person was not in a position to influence the 4
conduct of the first corporation in relation to its 5
compliance with the notice served on the first 6
corporation. 7
`(4) In this section-- 8
first corporation see section 363G(c). 9
lease includes a residential tenancy agreement under the 10
Residential Tenancies Act 1994. 11
`363J Procedure if recipient is not the owner of land on 12
which action is required 13
`(1) This section applies if a clean-up notice requires the recipient 14
to take action on land that the recipient does not own. 15
`(2) The recipient, or person taking the action for the recipient (the 16
contractor), may enter the land to take the action only-- 17
(a) with the consent of the owner and occupier of the land; 18
or 19
(b) if the recipient or contractor has given at least 5 business 20
days written notice to the owner and occupier. 21
`(3) The notice under subsection (2)(b) must inform the owner and 22
occupier of-- 23
(a) the intention to enter the land; and 24
(b) the purpose of the entry; and 25
(c) the days and times when the entry is to be made. 26
`(4) In taking the action, the recipient or contractor must take all 27
reasonable steps to ensure the recipient or contractor causes as 28
little inconvenience, and does as little damage, as is 29
practicable in the circumstances. 30
`(5) Nothing in this section authorises the recipient or contractor to 31
enter a building used for residential purposes. 32
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
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[s 28]
`(6) If a person incurs loss or damage because of action taken by 1
the recipient or contractor, the person is entitled to be paid by 2
the recipient or contractor the reasonable compensation 3
because of the loss or damage that is agreed between the 4
recipient or contractor and the person or, failing agreement, 5
decided by a court having jurisdiction for the recovery of 6
amounts up to the amount of compensation claimed. 7
`(7) The court may make an order about costs it considers just. 8
`363K Taking action in place of recipient 9
`(1) This section applies if-- 10
(a) the recipient of a clean-up notice fails to comply with it; 11
or 12
(b) the operation of the decision to issue a clean-up notice is 13
stayed under section 535. 14
`(2) An authorised person, or person acting under the direction of 15
an authorised person (the contractor), may take any of the 16
actions stated in the clean-up notice. 17
`(3) For subsection (2), the authorised person or contractor may 18
enter land on which the actions are required to be taken-- 19
(a) with the consent of the owner and occupier of the land; 20
or 21
(b) if the authorised person or contractor has given at least 5 22
business days written notice, complying with section 23
363J(3), to the owner and occupier. 24
`(4) If the authorised person or contractor enters land under 25
subsection (3), section 363J(4) to (7) applies as if a reference 26
in the provisions to the recipient or contractor were a 27
reference to the authorised person or contractor. 28
`(5) Subsections (3) and (4) do not limit another provision of this 29
Act under which an authorised person may enter land. 30
Note-- 31
See also sections 452 and 458 in relation to the power to enter a place to 32
take the actions. 33
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
`363L Obstruction of recipient complying with notice 1
`(1) A person must not obstruct the recipient of a clean-up notice 2
in the taking of action to comply with a clean-up notice, 3
unless the person has a reasonable excuse. 4
Maximum penalty--165 penalty units. 5
`(2) In this section-- 6
recipient, of a clean-up notice, includes a person acting for the 7
recipient of a clean-up notice. 8
`Part 5C Cost recovery notices 9
`363M Who are the prescribed persons for a contamination 10
incident 11
`For this part, each of the following persons is a prescribed 12
person for a contamination incident-- 13
(a) a person causing or permitting, or who caused or 14
permitted, the incident to happen; 15
(b) a person who, at the time of the incident, is or was-- 16
(i) the occupier of a place at or from which the 17
incident is happening or happened; or 18
(ii) the owner, or person in control, of a contaminant 19
involved in the incident; 20
(c) if a cost recovery notice is issued to a corporation (the 21
first corporation) in relation to the incident and it fails 22
to pay the amount claimed under the notice-- 23
(i) a parent corporation of the first corporation; and 24
(ii) an executive officer of the first corporation. 25
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
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[s 28]
`363N Administering authority may issue cost recovery 1
notice 2
`(1) The administering authority may issue a written notice (a cost 3
recovery notice)-- 4
(a) to the recipient of a clean-up notice, if-- 5
(i) the recipient fails to comply with the clean-up 6
notice; and 7
(ii) an authorised person or contractor acts under 8
section 363K; or 9
(b) to the recipient of a clean-up notice, if-- 10
(i) the operation of the decision to issue a clean-up 11
notice is stayed under section 535; and 12
(ii) during the period of the stay, an authorised person 13
or contractor acts under section 363K; and 14
(iii) either-- 15
(A) the appeal ends without an appeal decision 16
under section 539; or 17
(B) the effect of the appeal decision under 18
section 539 is to confirm the decision to 19
issue the clean-up notice to the extent the 20
notice required the recipient to take the 21
action that was ultimately taken by the 22
authorised person or contractor under section 23
363K; or 24
(c) to a person whom the administering authority 25
reasonably believes to be a prescribed person for a 26
contamination incident, if an authorised person, or 27
person authorised under section 467(2)(b), acts under 28
section 467 in relation to environmental harm caused or 29
likely to be caused by the incident. 30
`(2) A cost recovery notice may claim a stated amount for costs or 31
expenses reasonably incurred in-- 32
(a) for a notice issued under subsection (1)(a) or (b)-- 33
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 28]
(i) taking an action stated in the clean-up notice; or 1
(ii) monitoring compliance by the recipient with the 2
clean-up notice; or 3
(b) for a notice issued under subsection (1)(c)--taking the 4
action under section 467. 5
`(3) A cost recovery notice must state the following matters-- 6
(a) the name of the recipient; 7
(b) a description of the contamination incident; 8
(c) the place at or from which the administering authority is 9
satisfied the incident happened; 10
(d) the amount claimed; 11
(e) a description of costs and expenses giving rise to the 12
claimed amount; 13
(f) that, if the recipient does not pay the amount to the 14
administering authority within 30 days after the day the 15
notice is issued, the administering authority may claim 16
the amount from the recipient as a debt; 17
(g) the name, address and contact details of the 18
administering authority; 19
(h) the review or appeal details. 20
`(4) Subject to subsection (5), if the recipient does not pay the 21
amount to the administering authority within 30 days after the 22
day the notice is issued, the administering authority may 23
claim the amount from the recipient as a debt. 24
`(5) The amount is not payable-- 25
(a) if the recipient is not a prescribed person; or 26
(b) if the contamination incident was caused by a natural 27
disaster; or 28
(c) if-- 29
(i) the contamination incident was caused by a 30
terrorist act or other deliberate act of sabotage by 31
someone other than the recipient; and 32
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(ii) the recipient had taken all measures it would be 1
reasonable for the recipient to have taken to 2
prevent the incident, having regard to all the 3
circumstances including the inherent nature of the 4
risk and the nature of the recipient's connection 5
with the incident; or 6
(d) for a recipient who is a prescribed person mentioned in 7
section 363M(c)(i), if the recipient took all reasonable 8
steps to ensure the first corporation paid the amount 9
claimed under the notice served on the first corporation; 10
or 11
(e) for a recipient who is a prescribed person mentioned in 12
section 363M(c)(ii), if-- 13
(i) the recipient took all reasonable steps to ensure the 14
first corporation paid the amount claimed under the 15
notice served on the first corporation; or 16
(ii) the recipient was not in a position to influence the 17
conduct of the first corporation in relation to its 18
paying the amount claimed under the notice served 19
on the first corporation. 20
`(6) To the extent that the recipient pays an amount in compliance 21
with the notice but did not cause or permit the contamination 22
incident to happen, the recipient may recover the amount as a 23
debt from another person who caused or permitted the 24
contamination incident to happen. 25
`(7) A reference in this section to an authorised person acting 26
includes a person acting under the direction of an authorised 27
person. 28
`(8) In this section-- 29
costs and expenses includes labour, equipment and 30
administrative costs and expenses. 31
first corporation see section 363M(c). 32
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`363O Several recipients of a cost recovery notice 1
`If a cost recovery notice is issued to 2 or more recipients-- 2
(a) a copy of the notice must be given to each recipient; and 3
(b) the amount claimed in the notice is payable by the 4
recipients jointly and severally.', 5
Clause 29 Amendment of s 364 (When financial assurance may be 6
required) 7
Section 364(1A) and (2)(c), `level 1, chapter 4 activity'-- 8
omit, insert-- 9
`chapter 4 activity prescribed under a regulation for this 10
section'. 11
Clause 30 Replacement of s 369 (Restrictions on performing waste 12
management works) 13
Section 369-- 14
omit, insert-- 15
`369 Restrictions on performing waste management works 16
`A person must not, for fee or reward, perform waste 17
management works in a local government's area unless-- 18
(a) the works are performed by or for the local government; 19
or 20
(b) the person holds, or is acting under-- 21
(i) an approval, under section 369A, from the local 22
government to perform the works; or 23
(ii) a development approval; or 24
(c) the person is acting under a code of environmental 25
compliance; or 26
(d) the works are an environmentally relevant activity other 27
than waste transport. 28
Maximum penalty-- 250 penalty units.'. 29
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
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Clause 31 Insertion of new s 369C 1
After section 369B-- 2
insert-- 3
`369C Offence of contravening approval 4
`A person must not contravene a condition of an approval 5
under section 369A. 6
Maximum penalty-- 250 penalty units.'. 7
Clause 32 Amendment of s 380 (Procedure to be followed if 8
recipient is not owner) 9
Section 380(5), `structure, or part of a structure,'-- 10
omit, insert-- 11
`building'. 12
Clause 33 Amendment of s 394 (Procedure to be followed if 13
recipient is not owner) 14
Section 394(5), `structure, or part of a structure,'-- 15
omit, insert-- 16
`building'. 17
Clause 34 Amendment of s 409 (Procedure to be followed if 18
recipient is not owner) 19
Section 409(5), `structure, or part of a structure,'-- 20
omit, insert-- 21
`building'. 22
Clause 35 Replacement of s 426 (Environmental authority required 23
for mining or petroleum activity) 24
Section 426-- 25
omit, insert-- 26
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`426 Environmental authority required for mining activity 1
`A person must not carry out a mining activity unless the 2
person holds, or is acting under, an environmental authority 3
(mining activities) for the activity. 4
Maximum penalty-- 5
(a) for a mining activity that is part of a level 1 mining 6
project--400 penalty units; or 7
(b) for a mining activity that is part of a level 2 mining 8
project--165 penalty units. 9
`426A Environmental authority required for petroleum 10
activity 11
`A person must not carry out a petroleum activity unless the 12
person holds, or is acting under, an environmental authority 13
(petroleum activities) for the activity. 14
Maximum penalty-- 15
(a) for a level 1 petroleum activity--400 penalty units; or 16
(b) for a level 2 petroleum activity--165 penalty units.'. 17
Clause 36 Amendment of s 427 (Only registered operators may 18
carry out chapter 4 activities) 19
(1) Section 427(1), `level 1'-- 20
omit. 21
(2) Section 427(2)-- 22
omit. 23
(3) Section 427(3)-- 24
renumber as section 427(2). 25
Clause 37 Omission of s 436 (Unlawful environmental harm) 26
Section 436-- 27
omit. 28
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
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[s 38]
Clause 38 Amendment of s 437 (Offences of causing serious 1
environmental harm) 2
Section 437(3)-- 3
insert-- 4
`Note-- 5
See section 493A (When environmental harm or related acts are 6
unlawful).'. 7
Clause 39 Amendment of s 438 (Offences of causing material 8
environmental harm) 9
Section 438(3)-- 10
insert-- 11
`Note-- 12
See section 493A (When environmental harm or related acts are 13
unlawful).'. 14
Clause 40 Amendment of s 440 (Offence of causing environmental 15
nuisance) 16
(1) Section 440(2), penalty-- 17
omit, insert-- 18
`Maximum penalty--300 penalty units.'. 19
(2) Section 440(3)-- 20
insert-- 21
`Note-- 22
See section 493A (When environmental harm or related acts are 23
unlawful).'. 24
(3) Section 440(3)-- 25
renumber as section 440(4). 26
(4) Section 440-- 27
insert-- 28
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[s 41]
`(3) This section does not apply to an environmental nuisance 1
mentioned in schedule 1, part 1.'. 2
Clause 41 Insertion of new ch 8, pts 3B to 3F 3
Chapter 8-- 4
insert-- 5
`Part 3B Offences relating to noise 6
standards 7
`Division 1 Preliminary 8
`440K Definitions for pt 3B 9
`In this part-- 10
affected building, for noise-- 11
(a) means a building at which the noise can be heard; and 12
(b) if the noise is made from a building, includes that 13
building. 14
at, a place or premises, includes in or on the place or 15
premises. 16
audible noise see section 440L. 17
background level means the background A-weighted sound 18
pressure level under the prescribed standard measured as 19
LA90, T. 20
building work means any of the following-- 21
(a) building, repairing, altering, underpinning (whether by 22
vertical or lateral support), moving or demolishing a 23
building; 24
(b) providing airconditioning, drainage, heating, lighting, 25
sewerage, ventilation or water supply for a building; 26
(c) excavating or filling-- 27
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(i) for, or that is incidental to, an activity mentioned in 1
paragraph (a) or (b); or 2
(ii) that may adversely affect the stability of a building, 3
whether the excavating or filling is happening on 4
the land on which the building is situated or on 5
adjoining land; 6
(d) supporting (whether vertically or laterally) land for an 7
activity mentioned in paragraph (a) or (b); 8
(e) installing or removing scaffolding. 9
educational institution means-- 10
(a) a State educational institution under the Education 11
(General Provisions) Act 2006; or 12
(b) a school that is provisionally accredited, or accredited, 13
under the Education (Accreditation of Non-State 14
Schools) Act 2001; or 15
(c) a TAFE institute or statutory TAFE institute under the 16
Vocational Education, Training and Employment Act 17
2000; or 18
(d) a university. 19
indoor venue means a building used for musical, sporting or 20
other entertainment or for cultural or religious activities, but 21
does not include-- 22
(a) licensed premises; or 23
(b) a building being used for an open-air event. 24
Examples of uses of a building for definition indoor venue-- 25
10 pin bowling, concerts, indoor cricket, religious worship, squash 26
LA90, T means the A-weighted sound pressure level obtained 27
using time weighting `F' that is exceeded for 90% of the 28
measuring period (T). 29
licensed premises means licensed premises under the Liquor 30
Act 1992. 31
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noise standard means a local law or section in division 3 that 1
applies as a noise standard under section 440O(3) or 440P. 2
nominated section see section 440O(2)(b). 3
open-air event means an open-air competition, concert, 4
display, race or other activity. 5
peak particle velocity means the maximum instantaneous 6
particle velocity at a point during a given time interval 7
measured in millimetres per second. 8
Notes-- 9
1 Peak particle velocity is a measure of ground vibration magnitude. 10
2 Peak particle velocity may be taken as the vector sum of the 3 11
component particle velocities in mutually perpendicular directions. 12
power boat means a power-driven watercraft and includes a 13
jet ski or other power-driven personal watercraft. 14
Z Peak means the peak time-weighting characteristic of a 15
sound level meter specified in the prescribed standard set to 16
the linear Z frequency rating. 17
Z Peak Hold means the peak time-weighting characteristic of 18
a sound level meter specified in the prescribed standard set to 19
the linear Z frequency rating and fitted with a hold feature. 20
`440L Meaning of audible noise 21
`(1) Audible noise means noise that can be clearly heard by an 22
individual who is an occupier of a building. 23
`(2) For subsection (1), an individual is taken to be able to clearly 24
hear a noise if he or she can hear the noise from the part of the 25
building occupied by the individual that is most exposed to the 26
noise. 27
`440M Reference to making a noise 28
`A reference in this part to making a noise includes causing a 29
noise to be made. 30
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`440N Noise levels measured at an affected building 1
A reference in this part to a noise of a level that is a stated 2
number of decibels, or a stated number of decibels above the 3
background level, is a reference to a noise of that level when 4
measured at an affected building. 5
`Division 2 Application of noise standards 6
`440O Local law may prescribe noise standards 7
`(1) This section applies in relation to a local government area if 8
the local government for the local government area is the 9
administering authority for this part. 10
`(2) A provision of a local law made by the local government 11
under the Local Government Act 1993 may prescribe a noise 12
standard by-- 13
(a) prohibiting the making of a stated noise (for example, 14
by reference to the activity making the noise and the 15
time at which the noise is made); and 16
(b) stating a section in division 3 (the nominated section) 17
for which the local law provision is prescribing a noise 18
standard. 19
`(3) If a provision of a local law is in force for which a section in 20
division 3 is the nominated section, the local law provision 21
applies as a noise standard. 22
`440P Default noise standards under div 3 23
`A section in division 3 applies as a noise standard in relation 24
to a local government area if and only if-- 25
(a) the local government for the local government area is 26
not the administering authority for this part; or 27
(b) the local government for the local government area is 28
the administering authority for this part but there is no 29
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provision of a local law in force for which the section is 1
the nominated section. 2
`440Q Offence of contravening a noise standard 3
`(1) A person must not unlawfully contravene a noise standard. 4
Maximum penalty--300 penalty units. 5
Note-- 6
See section 493A (When environmental harm or related acts are 7
unlawful). 8
`(2) A person does not contravene a noise standard by causing an 9
environmental nuisance mentioned in schedule 1, part 1. 10
`Division 3 Default noise standards 11
`440R Building work 12
`(1) A person must not carry out building work in a way that 13
makes an audible noise-- 14
(a) on a business day or Saturday, before 6.30a.m. or after 15
6.30p.m; or 16
(b) on any other day, at any time. 17
`(2) The reference in subsection (1) to a person carrying out 18
building work-- 19
(a) includes a person carrying out building work under an 20
owner-builder permit; and 21
(b) otherwise does not include a person carrying out 22
building work at premises used by the person only for 23
residential purposes. 24
`440S Regulated devices 25
`(1) This section applies to-- 26
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(a) a person carrying out an activity other than building 1
work; and 2
(b) a person carrying out building work, at premises used by 3
the person only for residential purposes, other than 4
under an owner-builder permit. 5
`(2) A person must not operate a regulated device in a way that 6
makes an audible noise-- 7
(a) on a business day or Saturday, before 7.00a.m. or after 8
7.00p.m; or 9
(b) on any other day, before 8.00a.m. or after 7.00p.m. 10
`(3) Subsection (2) does not apply to a person operating a 11
grass-cutter or leaf-blower at a place that is a State-controlled 12
road or a railway under an authority from the occupier of the 13
place. 14
`(4) Subsection (2)(a) does not apply to a person operating a 15
regulated device at a manual arts facility at an educational 16
institution between 7.00p.m. and 10.00 p.m. 17
`(5) In this section-- 18
grass-cutter means an electrical or mechanical device a 19
function of which is to cut grass. 20
Examples-- 21
brush cutter, edge cutter, lawnmower, ride-on mower, string trimmer 22
leaf-blower means an electrical or mechanical device a 23
function of which is to blow leaves. 24
regulated device means any of the following-- 25
(a) a compressor; 26
(b) a ducted vacuuming system; 27
(c) a generator; 28
(d) a grass-cutter; 29
(e) an impacting tool; 30
(f) a leaf-blower; 31
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(g) a mulcher; 1
(h) an oxyacetylene burner; 2
(i) an electrical, mechanical or pneumatic power tool. 3
Examples of a power tool-- 4
chainsaw, drill, electric grinder or sander, electric welder, nail 5
gun 6
`440T Pumps 7
`(1) This section applies to premises at or for which there is a 8
pump. 9
`(2) An occupier of the premises must not use, or permit the use 10
of, the pump on any day-- 11
(a) before 7a.m, if it makes an audible noise; or 12
(b) from 7a.m. to 7p.m, if it makes a noise of more than 13
5dB(A) above the background level; or 14
(c) from 7p.m. to 10p.m, if it makes a noise of more than 15
3dB(A) above the background level; or 16
(d) after 10p.m, if it makes an audible noise. 17
`(3) Subsection (2)(a), (c) and (d) do not apply to a noise made at 18
an educational institution, that is not more than 5dB(A) above 19
the background level. 20
`(4) In this section-- 21
pump-- 22
(a) means an electrical, mechanical or pneumatic pump; 23
and 24
Examples-- 25
liquid pump, air pump, heat pump 26
(b) includes a swimming pool pump and a spa blower. 27
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`440U Airconditioning equipment 1
`(1) This section applies to premises at or for which there is 2
airconditioning equipment. 3
`(2) An occupier of the premises must not use, or permit the use 4
of, the equipment on any day-- 5
(a) before 7a.m, if it makes a noise of more than 3dB(A) 6
above the background level; or 7
(b) from 7a.m. to 10p.m, if it makes a noise of more than 8
5dB(A) above the background level; or 9
(c) after 10p.m, if it makes a noise of more than 3dB(A) 10
above the background level. 11
`440V Refrigeration equipment 12
`(1) This section applies to a person who is-- 13
(a) an occupier of premises at or for which there is plant or 14
equipment for refrigeration (refrigeration equipment); 15
or 16
(b) an owner of refrigeration equipment that is on or in a 17
vehicle, other than a vehicle used or to be used on a 18
railway. 19
`(2) The person must not use, or permit the use of, the refrigeration 20
equipment on any day-- 21
(a) before 7a.m, if it makes a noise of more than 3dB(A) 22
above the background level; or 23
(b) from 7a.m. to 10p.m, if it makes a noise of more than 24
5dB(A) above the background level; or 25
(c) after 10p.m, if it makes a noise of more than 3dB(A) 26
above the background level. 27
`(3) In this section-- 28
vehicle includes a trailer. 29
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`440W Indoor venues 1
`(1) An occupier of a building must not use, or permit the use of, 2
the building as an indoor venue on any day-- 3
(a) before 7a.m, if the use makes an audible noise; or 4
(b) from 7a.m. to 10p.m, if the use makes a noise of more 5
than 5dB(A) above the background level; or 6
(c) from 10p.m. to midnight, if the use makes a noise of 7
more than 3dB(A) above the background level. 8
`(2) However, subsection (1)(b) does not apply if-- 9
(a) the building is, or is part of, an educational institution; 10
and 11
(b) the use of the building as an indoor venue is organised 12
by or for the educational institution for non-commercial 13
purposes of the institution. 14
`440X Open-air events 15
`(1) An occupier of premises must not use, or permit the use of, 16
the premises for an open-air event on any day-- 17
(a) before 7a.m, if the use causes audible noise; or 18
(b) from 7a.m. to 10p.m, if the use causes noise of more 19
than 70dB(A); or 20
(c) from 10p.m. to midnight, if the use causes noise of more 21
than the lesser of the following-- 22
(i) 50dB(A); 23
(ii) 10dB(A) above the background level. 24
`(2) However, subsection (1) does not apply to licensed premises. 25
`(3) Also, subsection (1)(b) does not apply if-- 26
(a) the premises is, or is part of, an educational institution; 27
and 28
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
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[s 41]
(b) the use of the premises for an open-air event is 1
organised by or for the educational institution for 2
non-commercial purposes of the institution. 3
`440Y Amplifier devices other than at indoor venue or 4
open-air event 5
`(1) This section applies to a person who operates an amplifier 6
device other than at an indoor venue or open-air event. 7
`(2) The person must not operate the device in a way that makes 8
audible noise-- 9
(a) on a business day, before 7a.m. or after 10p.m; or 10
(b) on any other day, before 8a.m. or after 6p.m. 11
`(3) At a time when the person may operate the device under 12
subsection (2), the person must not operate the device in a 13
way that makes noise of more than 10dB(A) above the 14
background level. 15
`(4) However, subsection (3) does not apply if the person is 16
operating the device at an educational institution. 17
`(5) In this section-- 18
amplifier device means any of the following-- 19
(a) a loudhailer; 20
(b) a megaphone; 21
(c) a public address system, other than for a railway; 22
(d) a remote telephone bell; 23
(e) a telephone repeater bell. 24
`440Z Power boat sports in waterway 25
`(1) A person must not use a power boat, or permit the use of a 26
power boat, in a waterway for a power boat sport if the use 27
makes audible noise for the same affected building for more 28
than a continuous period of 2 minutes-- 29
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(a) on a business day or Saturday, before 7a.m. or after 1
7p.m; or 2
(b) on any other day, before 8a.m. or after 6.30p.m. 3
`(2) In this section-- 4
power boat sport means-- 5
(a) a sport in which a person is towed by a line attached to a 6
power boat, including, for example, a person water 7
skiing or riding on a toboggan or tube; or 8
(b) operating a jet ski or other power-driven personal 9
watercraft, other than for fishing. 10
waterway means any of the following-- 11
(a) a creek, river, stream or watercourse; 12
(b) an inlet of the sea into which a creek, river, stream or 13
watercourse flows; 14
(c) a dam or weir. 15
`440ZA Operating power boat engine at premises 16
`(1) A person must not operate, or permit the operation of, a power 17
boat engine at premises in a way that makes audible noise-- 18
(a) on a business day or Saturday, before 7a.m. or after 19
7p.m; or 20
(b) on any other day, before 8a.m. or after 6.30p.m. 21
`(2) In this section-- 22
operate, a power boat engine, includes flushing the engine. 23
`440ZB Blasting 24
`A person must not conduct blasting if-- 25
(a) the airblast overpressure is more than 115dB Z Peak for 26
4 out of any 5 consecutive blasts; or 27
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[s 41]
(b) the airblast overpressure is more than 120dB Z Peak for 1
any blast; or 2
(c) the ground vibration is-- 3
(i) for vibrations of more than 35Hz--more than 4
25mm a second ground vibration, peak particle 5
velocity; or 6
(ii) for vibrations of no more than 35Hz--more than 7
10mm a second ground vibration, peak particle 8
velocity. 9
`440ZC Outdoor shooting ranges 10
`(1) A person must not operate, or permit the operation of, an 11
outdoor shooting range, between 6a.m. and 6p.m. on any day, 12
if the noise from the operation is more than-- 13
(a) for a range that is normally used at least 5 days a 14
week--95dB Z Peak Hold; or 15
(b) for a range that is normally used 4 days a week--100dB 16
Z Peak Hold; or 17
(c) for a range that is normally used no more than 3 days a 18
week--105dB Z Peak Hold. 19
`(2) A person must not operate, or permit the operation of, an 20
outdoor shooting range, between 6p.m. and 10p.m. on any 21
day, if the noise from the operation is more than-- 22
(a) for a range that is normally used at least 5 evenings a 23
week--85dB Z Peak Hold; or 24
(b) for a range that is normally used 4 evenings a 25
week--90dB Z Peak Hold; or 26
(c) for a range that is normally used no more than 3 27
evenings a week--95dB Z Peak Hold. 28
`(3) For this section, noise from an outdoor shooting range is 29
measured by working out the arithmetic average of the noise 30
levels of whichever of the following happens first during the 31
measurement period-- 32
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(a) at least 40 individual gunshots; 1
(b) at least 20 individual gunshots in any 30 minute period. 2
`(4) In this section-- 3
used means used for an activity that includes shooting. 4
Examples of a range being used-- 5
1 a shooting match conducted at the range 6
2 a defence personnel or police officer training session, that includes 7
shooting, conducted at the range 8
`Part 3C Offences relating to water 9
contamination 10
`440ZD Definitions for pt 3C 11
`In this part-- 12
deposits see section 440ZE. 13
earth means sand, soil, silt or mud. 14
prescribed water contaminant means-- 15
(a) earth; or 16
(b) a contaminant prescribed under section 440ZF. 17
stormwater drainage means a drain, channel, pipe, chamber, 18
structure, outfall or other work used to receive, store, transport 19
or treat stormwater. 20
`440ZE Meaning of deposits for pt 3C 21
`(1) A person deposits a contaminant in waters or at another place 22
if the person-- 23
(a) drops, places or throws the contaminant in the waters or 24
onto the place; or 25
(b) releases the contaminant, or otherwise causes it to move, 26
into the waters or onto the place. 27
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
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`(2) A person deposits a contaminant at a place if-- 1
(a) the person is an occupier of the place or the contaminant 2
is under the person's control; and 3
(b) someone deposits the contaminant at the place in a way 4
mentioned in subsection (1); and 5
(c) the person does not remove the contaminant from the 6
place within a reasonable time after becoming aware 7
that the contaminant has been deposited at the place. 8
`(3) A person deposits earth at a place if the person carries on 9
earthworks or another activity that exposes the earth at the 10
place. 11
`(4) A person deposits earth at a place if-- 12
(a) the person is an occupier of the place; and 13
(b) someone deposits the earth at the place in a way 14
mentioned in subsection (3); and 15
(c) the person does not stop the earth being exposed at the 16
place within a reasonable time after becoming aware 17
that the earth has been exposed at the place. 18
`(5) A reference in subsections (2) to (4) to a place does not 19
include waters. 20
`(6) For subsections (1) to (4), none of the subsections limits any 21
of the other subsections. 22
`440ZF Prescribed water contaminants 23
`(1) A regulation may prescribe a contaminant for this part. 24
`(2) The Minister must not recommend to the Governor in Council 25
the making of a regulation under subsection (1) unless the 26
Minister is satisfied the contaminant is likely to cause 27
environmental harm if it enters waters. 28
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Part 2 Amendment of Environmental Protection Act 1994
[s 41]
`440ZG Depositing prescribed water contaminants in 1
waters and related matters 2
`A person must not-- 3
(a) unlawfully deposit a prescribed water contaminant-- 4
(i) in waters; or 5
(ii) in a roadside gutter or stormwater drainage; or 6
(iii) at another place, and in a way, so that the 7
contaminant could reasonably be expected to wash, 8
blow, fall or otherwise move into waters, a 9
roadside gutter or stormwater drainage; or 10
Example of a place for subparagraph (iii)-- 11
a building site where soil may be washed into an adjacent 12
roadside gutter 13
(b) unlawfully release stormwater run-off into waters, a 14
roadside gutter or stormwater drainage that results in the 15
build-up of earth in waters, a roadside gutter or 16
stormwater drainage. 17
Maximum penalty-- 18
(a) if the deposit or release is done wilfully--835 penalty 19
units; or 20
(b) otherwise--300 penalty units. 21
Note-- 22
See section 493A (When environmental harm or related acts are 23
unlawful). 24
`Part 3D Offences relating to releases 25
from boats into non-coastal 26
waters 27
`440ZH Definitions for pt 3D 28
`In this part-- 29
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
coastal waters means the coastal waters of the State, and 1
includes other waters within the limits of the State that are 2
subject to the ebb and flow of the tide. 3
harmful substance has the meaning given by MARPOL. 4
MARPOL see the Transport Operations (Marine Pollution) 5
Act 1995, section 6. 6
non-coastal waters means waters other than coastal waters. 7
noxious liquid substance has the meaning given by 8
MARPOL. 9
oil has the meaning given by MARPOL and includes an oily 10
mixture. 11
sewage has the meaning given by Annex IV to MARPOL and 12
includes human faecal wastes. 13
`440ZI Release of certain substances from boats into 14
non-coastal waters 15
`(1) A person must not release oil, a noxious liquid substance or a 16
harmful substance from a boat into non-coastal waters. 17
Maximum penalty-- 18
(a) if the release is done wilfully--835 penalty units; or 19
(b) otherwise--300 penalty units. 20
`(2) It is a defence for a person charged with an offence against 21
subsection (1) to prove-- 22
(a) the release was necessary to secure the safety of the boat 23
or to save someone's life; or 24
(b) the release resulted from damage, other than wilful 25
damage, to the boat or its equipment and all reasonable 26
precautions were taken, after the damage happened or 27
the release was discovered, to prevent or minimise the 28
release. 29
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
`440ZJ Release of sewage from boats into non-coastal 1
waters 2
`(1) A person must not release sewage into non-coastal waters 3
from a boat that has a sewage holding tank or is required by 4
law to be fitted with a sewage holding tank. 5
Maximum penalty-- 6
(a) if the release is done wilfully--835 penalty units; or 7
(b) otherwise--300 penalty units. 8
`(2) A person must not release sewage from a boat into 9
non-coastal waters at a place for mooring, docking or berthing 10
boats. 11
Maximum penalty-- 12
(a) if the release is done wilfully--835 penalty units; or 13
(b) otherwise--300 penalty units. 14
`(3) It is a defence for a person charged with an offence against 15
subsection (1) or (2) to prove-- 16
(a) the release was necessary to secure the safety of the boat 17
or to save someone's life; or 18
(b) the release resulted from damage, other than wilful 19
damage, to the boat or its equipment and all reasonable 20
precautions were taken, after the damage happened or 21
the release was discovered, to prevent or minimise the 22
release. 23
`440ZK Depositing rubbish from boats into non-coastal 24
waters 25
`(1) A person must not deposit rubbish from a boat into 26
non-coastal waters. 27
Maximum penalty-- 28
(a) if the deposit is done wilfully--835 penalty units; or 29
(b) otherwise--300 penalty units. 30
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
`(2) It is a defence for a person charged with an offence against 1
subsection (1) to prove-- 2
(a) the deposit was made to secure the safety of the boat and 3
persons on board the boat or to save someone's life; or 4
(b) the deposit resulted from damage to the boat or its 5
equipment and all reasonable precautions were taken, 6
before and after the damage happened, to prevent or 7
minimise the deposit; or 8
(c) if the rubbish is synthetic fishing net or synthetic 9
material used in the repair of a synthetic fishing net-- 10
(i) the deposit was the accidental loss of the net or 11
material; and 12
(ii) all reasonable precautions were taken to prevent 13
the loss; and 14
(iii) all reasonable attempts were made to recover the 15
net or material. 16
`Part 3E Offences relating to air 17
contamination 18
`440ZL Sale of solid fuel-burning equipment for use in 19
residential premises and related matters 20
`(1) A person must not sell solid fuel-burning equipment for use in 21
residential premises unless-- 22
(a) a certificate (a certificate of compliance) has been 23
issued by an accredited entity for the equipment 24
stating-- 25
(i) the entity has tested equipment that is the same as 26
the equipment mentioned in the certificate under 27
the test procedures set out in the prescribed 28
standard; and 29
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
(ii) the equipment had a particle release factor not 1
more than the allowable appliance release factor 2
stated in the prescribed standard; and 3
(b) a plate or plates have been attached to the equipment 4
under the prescribed standard. 5
`(2) If an accredited entity issues a certificate of compliance for 6
solid fuel-burning equipment, the manufacturer of the 7
equipment must attach a plate or plates to the equipment 8
under the prescribed standard before selling or otherwise 9
transferring the equipment to another person. 10
`(3) A person must not use, or transfer to another person, certified 11
equipment if the person knows-- 12
(a) a plate attached to the equipment under the prescribed 13
standard has been defaced or removed, or the 14
information on the plate has been altered; or 15
(b) there has been a material modification or alteration of-- 16
(i) the structure, exhaust system or inlet air system of 17
the equipment; or 18
(ii) a part of the equipment that is involved in the 19
combustion process. 20
`(4) However, subsection (3)(b) does not apply to modified or 21
altered equipment-- 22
(a) issued with a certificate of compliance by an accredited 23
entity; or 24
(b) subject to a retesting exemption under the prescribed 25
standard; or 26
(c) if the specifications of the replacement components are 27
equivalent or superior to those used in the equipment for 28
which a certificate of compliance issued by an 29
accredited entity applies. 30
`(5) A person who contravenes this section commits an offence. 31
Maximum penalty-- 32
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
(a) if the contravention is done wilfully--835 penalty units; 1
or 2
(b) otherwise--300 penalty units. 3
`(6) The chief executive may, by gazette notice, declare an entity 4
to be an accredited entity for this section if the chief executive 5
is satisfied the entity is-- 6
(a) a recognised service provider in the industry for solid 7
fuel-burning equipment; and 8
(b) not a manufacturer or importer of solid fuel-burning 9
equipment. 10
`(7) In this section-- 11
accredited entity means-- 12
(a) the Australian Home Heating Association Inc; or 13
(b) an entity declared to be an accredited entity under 14
subsection (6). 15
Note-- 16
See also section 646 in relation to the Energy Information Centre in 17
South Australia. 18
certified equipment means solid fuel-burning equipment to 19
which a plate or plates have been attached under the 20
prescribed standard. 21
solid fuel-burning equipment means fuel-burning equipment 22
to which the prescribed standard applies. 23
`440ZM Permitted concentration of sulfur in liquid fuel for 24
use in stationary fuel-burning equipment 25
`(1) A person must not knowingly use, in stationary fuel-burning 26
equipment, liquid fuel containing more than the permitted 27
concentration of sulfur. 28
Maximum penalty--300 penalty units. 29
`(2) A person (the distributor) must not distribute or sell liquid 30
fuel containing more than the permitted concentration of 31
sulfur to another person (the purchaser) unless-- 32
Page 57
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
(a) the purchaser is authorised under a relevant authority to 1
use the liquid fuel; and 2
(b) the concentration of sulfur in the liquid fuel is not more 3
than the amount stated in the relevant authority; and 4
(c) at the time of distributing or selling the liquid fuel, the 5
distributor gives a report about the liquid fuel to the 6
purchaser in the approved form. 7
Maximum penalty-- 8
(a) if the offence is committed wilfully--835 penalty units; 9
or 10
(b) otherwise--300 penalty units. 11
`(3) For this section, the concentration of sulfur in liquid fuel is to 12
be worked out under a protocol. 13
`(4) In this section-- 14
permitted concentration of sulfur, for liquid fuel for use in 15
stationary fuel-burning equipment, means a concentration of 16
sulfur or a sulfur compound of not more than 3% by weight. 17
relevant authority means a thing mentioned in section 18
493A(2)(a) to (g). 19
stationary fuel-burning equipment-- 20
(a) means a machine, furnace, boiler, oven, fireplace, 21
chimney or other thing, the operation of which involves 22
burning fuel or other combustible material; and 23
(b) does not include a vehicle. 24
`Part 3F Offences relating to fuel 25
standards 26
`Division 1 Preliminary 27
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
`440ZN Purpose of pt 3F 1
`The purpose of this part is to provide for quality standards for 2
fuel to reduce emission of contaminants into Queensland's air 3
environment. 4
`440ZO Definitions for pt 3F 5
`In this part-- 6
ASTM means an American Society for Testing and Materials 7
standard. 8
Commonwealth fuel standard determination means a 9
determination in force under the Fuel Quality Standards Act 10
2000 (Cwlth), section 21. 11
fuel means any of the following-- 12
(a) petrol; 13
(b) automotive diesel; 14
(c) liquefied petroleum gas; 15
(d) liquefied natural gas; 16
(e) compressed natural gas; 17
(f) diesohol (that is, a blend primarily comprising diesel 18
and an alcohol); 19
(g) biodiesel (that is, a diesel fuel obtained by esterification 20
of oil derived from plants or animals); 21
(h) ethanol; 22
(i) any substance that is used as a substitute for a fuel 23
mentioned in paragraphs (a) to (h); 24
(j) any substance that is supplied or represented as-- 25
(i) a fuel mentioned in paragraphs (a) to (h); or 26
(ii) a substitute substance under paragraph (i). 27
import means bring into the State (whether from another State 28
or from outside Australia) for supply or for use in 29
manufacturing fuel. 30
Page 59
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
low volatility zone means the area consisting of the local 1
government areas of the following local governments-- 2
· Brisbane City Council 3
· Gold Coast City Council 4
· Ipswich City Council 5
· Lockyer Valley Regional Council 6
· Logan City Council 7
· Moreton Bay Regional Council 8
· Redland City Council 9
· Somerset Regional Council 10
· Sunshine Coast Regional Council 11
· Toowoomba Regional Council. 12
manufacture, for fuel, includes produce, blend, treat and add 13
additives to the fuel. 14
Reid vapour pressure, of fuel, means the fuel's volatility at 15
37.8ºC measured using-- 16
(a) the testing method under ASTM D323-99a; or 17
(b) another method that measures volatility at least as 18
accurately as the method mentioned in paragraph (a). 19
summer month means any of the following periods-- 20
· the period from 15 November to 14 December inclusive 21
· the period from 15 December to 14 January inclusive 22
· the period from 15 January to 14 February inclusive 23
· the period from 15 February to 15 March inclusive. 24
summer period means the period from 15 November in a year 25
to 15 March in the following year inclusive. 26
supply means supply (including re-supply) by way of sale, 27
exchange or gift. 28
Page 60
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
`Division 2 Offences 1
`440ZP Non-application of div 2 2
`This division does not apply to a person to the extent 3
provided by an exemption in force under division 3. 4
`440ZQ Supply of fuel that does not comply with 5
Commonwealth fuel standard determinations 6
`(1) A person who manufactures or imports fuel must not supply 7
the fuel in the State if the fuel does not comply with a 8
Commonwealth fuel standard determination. 9
Maximum penalty--165 penalty units. 10
`(2) This section does not apply to the supply of fuel for use in a 11
motor vehicle used only for motor racing on a racing circuit or 12
track under a registration certificate for the activity. 13
`440ZR Permitted Reid vapour pressure--fuel with 14
particular ethanol content 15
`(1) This section applies in relation to fuel with an ethanol content 16
of more than 9% but not more than 10% by volume. 17
`(2) A person who manufactures or imports fuel must not supply 18
the fuel in the low volatility zone in the summer period if the 19
Reid vapour pressure of the fuel is more than 76kPa. 20
Maximum penalty--165 penalty units. 21
`(3) A person who manufactures or imports fuel must ensure that, 22
for each summer month, the volumetric monthly average Reid 23
vapour pressure of the fuel supplied by the person in the low 24
volatility zone is not more than 74kPa. 25
Maximum penalty--165 penalty units. 26
`(4) For working out the volumetric monthly average Reid vapour 27
pressure of fuel mentioned in subsection (3), fuel with a Reid 28
vapour pressure of less than 72kPa is taken to have a Reid 29
vapour pressure of 72kPa. 30
Page 61
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
`440ZS Permitted Reid vapour pressure--other fuel 1
`(1) This section applies in relation to fuel other than fuel to which 2
section 440ZR applies. 3
`(2) A person who manufactures or imports fuel must not supply 4
the fuel in the low volatility zone in the summer period if the 5
Reid vapour pressure of the fuel is more than 69kPa. 6
Maximum penalty--165 penalty units. 7
`(3) A person who manufactures or imports fuel must ensure that, 8
for each summer month, the volumetric monthly average Reid 9
vapour pressure of the fuel supplied by the person in the low 10
volatility zone is not more than 67kPa. 11
Maximum penalty--165 penalty units. 12
`(4) For working out the volumetric monthly average Reid vapour 13
pressure of fuel mentioned in subsection (3), fuel with a Reid 14
vapour pressure of less than 65kPa is taken to have a Reid 15
vapour pressure of 65kPa. 16
`Division 3 Exemptions 17
`440ZT Making applications 18
`(1) A person may apply to the chief executive to exempt the 19
person from complying with a provision of division 2. 20
`(2) The application must contain the information necessary to 21
enable the chief executive to decide the application. 22
`440ZU Request for further information 23
`(1) The chief executive may, by written notice, ask the applicant 24
to give the chief executive further reasonable information or 25
documents about the application by the reasonable date stated 26
in the notice. 27
`(2) The notice must be accompanied by, or include, an 28
information notice about the chief executive's decision to 29
make the request. 30
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 41]
`(3) The chief executive may refuse the application if the applicant 1
does not give the chief executive the further information or 2
documents by the stated day, without reasonable excuse. 3
`440ZV Deciding applications 4
`(1) The chief executive must consider the application and either 5
give the exemption, with or without conditions, or refuse the 6
application. 7
`(2) The chief executive may give an exemption only if satisfied-- 8
(a) the exemption is necessary-- 9
(i) to prevent a significant disruption to the supply of 10
fuel in the State or a part of the State; or 11
(ii) to allow the applicant to supply fuel in the State or 12
a part of the State; and 13
(b) the applicant has no reasonable way of complying with 14
the provision; and 15
(c) the exemption is in the public interest. 16
`(3) Without limiting subsection (1), a condition may be about 17
how the applicant must prevent or minimise environmental 18
harm that may be caused if the exemption is given. 19
`440ZW Giving exemptions 20
`(1) If the chief executive decides to give the exemption, the chief 21
executive must give the applicant a written notice stating-- 22
(a) the person to whom the exemption is given; and 23
(b) the provision from which the person is exempted; and 24
(c) the term for which the exemption is given; and 25
(d) any conditions on which the exemption is given. 26
`(2) If the chief executive decides to impose conditions on the 27
exemption, the notice must be accompanied by, or include, an 28
information notice about the decision to impose the 29
conditions. 30
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 42]
`(3) An exemption given on conditions operates only if the 1
conditions are complied with. 2
`440ZX Refusing applications 3
`If the chief executive decides to refuse the application the 4
chief executive must, within 7 days after making the decision, 5
give the applicant an information notice about the decision. 6
`Division 4 Record keeping 7
`440ZY Record keeping requirements 8
`(1) This section applies in relation to fuel supplied in the State, by 9
a person who manufactures or imports the fuel, if-- 10
(a) a Commonwealth fuel standard determination applies to 11
the fuel; and 12
(b) the person is not required to keep a record for the supply 13
of the fuel under the Fuel Quality Standards Act 2000 14
(Cwlth), section 66. 15
`(2) The person must keep the records relating to the fuel that are 16
prescribed under a regulation. 17
Maximum penalty--50 penalty units. 18
`(3) A requirement under subsection (2) to keep a record is a 19
requirement to keep a record for 2 years after the supply of the 20
fuel.'. 21
Clause 42 Omission of s 441 (Offences of contravention of 22
environmental protection policy or regulation) 23
Section 441-- 24
omit. 25
Page 64
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 43]
Clause 43 Amendment of s 452 (Entry of place--general) 1
Section 452(1)(a) and (f), `part 8'-- 2
omit, insert-- 3
`part 5B or 8'. 4
Clause 44 Amendment of s 453 (Entry of land--search, test, sample 5
etc. for release of contaminant) 6
Section 453(1), definition land, `or structure of any kind'-- 7
omit. 8
Clause 45 Amendment of s 454 (Entry of land--preliminary 9
investigation) 10
Section 454(6), `structure, or part of a structure,'-- 11
omit, insert-- 12
`building'. 13
Clause 46 Amendment of s 455 (Entry of land for access) 14
Section 455(5), `structure, or part of a structure,'-- 15
omit, insert-- 16
`building'. 17
Clause 47 Amendment of s 458 (Order to enter land to conduct 18
investigation or conduct work) 19
(1) Section 458(1)(b) and (c)-- 20
renumber as section 458(1)(c) and (d). 21
(2) Section 458(1)-- 22
insert-- 23
`(b) if the land is land to which a clean-up notice applies and 24
the recipient of the notice has failed to comply with the 25
Page 65
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 48]
notice--to take the actions required under the notice; 1
or'. 2
(3) Section 458(2)-- 3
insert-- 4
`(d) if the application is for an order to take actions required 5
under a clean-up notice--the recipient of the notice.'. 6
(4) Section 458(5)(b) and (c)-- 7
renumber as section 458(5)(c) and (d). 8
(5) Section 458(5)-- 9
insert-- 10
`(b) for an order to take actions required under a clean-up 11
notice, the entry sought is reasonable and necessary to 12
take the actions; or'. 13
(6) Section 458(6)(a), before `investigation'-- 14
insert-- 15
`actions,'. 16
(7) Section 458-- 17
insert-- 18
`(8) In this section-- 19
land includes a place to which a clean-up notice applies.'. 20
Clause 48 Replacement of s 478 (Failure to comply with authorised 21
person's direction in emergency) 22
Section 478-- 23
omit, insert-- 24
`478 Failure to comply with authorised person's direction 25
in emergency 26
`A person to whom a notice is given under section 467(2)(a) 27
must-- 28
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 49]
(a) comply with the notice, unless the person has a 1
reasonable excuse for not complying with it; and 2
(b) take all reasonable and practicable precautions to 3
prevent or minimise-- 4
(i) environmental harm being caused; and 5
(ii) the risk of death or injury to humans and animals; 6
and 7
(iii) loss or damage to property. 8
Maximum penalty-- 9
(a) for an individual--2000 penalty units; or 10
(b) for a corporation--4000 penalty units.'. 11
Clause 49 Replacement of s 482 (Obstruction of authorised 12
persons) 13
Section 482-- 14
omit, insert-- 15
`482 Obstruction of authorised persons 16
`(1) A person must not obstruct an authorised person in the 17
exercise of a power under this chapter, unless the person has a 18
reasonable excuse for obstructing the authorised person. 19
Maximum penalty--165 penalty units. 20
`(2) In this section-- 21
authorised person includes a person who is-- 22
(a) acting under an authorised person's direction under 23
section 363K; or 24
(b) authorised by an authorised person to take action under 25
section 467(2)(b); or 26
(c) helping an authorised person under this chapter.'. 27
Page 67
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 50]
Clause 50 Amendment of s 486 (Authorised person to give notice of 1
seizure or damage) 2
(1) Section 486(1)(b)-- 3
renumber as section 486(1)(c). 4
(2) Section 486(1)-- 5
insert-- 6
`(b) a person acting under an authorised person's direction 7
under section 363K damages anything in the exercise of 8
a power under that section; or'. 9
Clause 51 Amendment of s 487 (Compensation) 10
(1) Section 487(2)(a), after `section'-- 11
insert-- 12
`458 or'. 13
(2) Section 487(2) to (4)-- 14
renumber as section 487(3) to (5). 15
(3) Section 487-- 16
insert-- 17
`(2) Subsection (1) does not apply to a prescribed person for a 18
contamination incident in relation to the exercise of a power 19
relating to the incident.'. 20
Clause 52 Amendment of s 488 (Administering authority to 21
reimburse costs and expenses incurred) 22
Section 488(2), after `happen'-- 23
insert-- 24
`or, in the case of a contamination incident, a prescribed 25
person for the incident'. 26
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
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[s 53]
Clause 53 Replacement of s 491 (Special evidentiary 1
provision--environmental nuisance) 2
Section 491-- 3
omit, insert-- 4
`491 Special evidentiary provision--particular emissions 5
`(1) This section applies to a proceeding for an offence against 6
section 440 or 440Q in which it is claimed the defendant 7
caused environmental nuisance or contravened a noise 8
standard by an emission made from a person, place or thing 9
(the alleged source). 10
Editor's note-- 11
section 440 (Offence of causing environmental nuisance) or 440Q 12
(Offence of contravening a noise standard) 13
`(2) An authorised person may give evidence, without any need to 14
call further opinion evidence, that the authorised person 15
formed the opinion based on the authorised person's own 16
senses that-- 17
(a) the emission was made from the alleged source and 18
travelled to another place; and 19
(b) for an offence against section 440--the level, nature or 20
extent of the emission within the other place was an 21
unreasonable interference with an environmental value. 22
`(3) Evidence may be given under subsection (2) whether or not 23
another emission was made to the other place from a person, 24
place or thing other than the alleged source. 25
`(4) In this section-- 26
emission means an emission of aerosols, fumes, light, noise, 27
odour, particles or smoke. 28
`491A Further special evidentiary provisions for noise 29
`(1) This section applies if, in a proceeding for an offence against 30
this Act, it is claimed audible noise was made. 31
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 53]
`(2) If it is claimed the noise was made from a particular person, 1
place or thing (the alleged source)-- 2
(a) an individual (the occupier) who was, when the noise 3
was made (the relevant time), an occupier of a building 4
may give evidence that-- 5
(i) the occupier could, at the relevant time, hear the 6
noise at the building; and 7
(ii) the occupier formed the opinion, based on the 8
occupier's own senses, that the noise was made 9
from the alleged source and travelled to the 10
building; and 11
(b) an authorised person who, at the relevant time, was 12
present at the building with the occupier and could hear 13
the noise at the building may give evidence-- 14
(i) that the authorised person could, at the relevant 15
time, hear the noise at the building; and 16
(ii) that the authorised person formed the opinion, 17
based on the person's own senses, that the noise 18
was made from the alleged source and travelled to 19
the building. 20
`(3) Evidence may be given under subsection (2)(b)-- 21
(a) without any need to call the occupier; and 22
(b) whether or not other audible noise was made to the 23
building from a person, place or thing other than the 24
alleged source. 25
`(4) Opinion evidence mentioned in this section may be given 26
without any need to call further opinion evidence. 27
`(5) Evidence mentioned in this section may be given without any 28
requirement for the noise to have been measured. 29
`(6) If the noise is established as audible noise, the rate of its 30
audibility is not required to be established. 31
`(7) The noise may be measured in a way prescribed under a 32
regulation.'. 33
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Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 54]
Clause 54 Insertion of new ch 10, pt 2A 1
Chapter 10-- 2
insert-- 3
`Part 2A Unlawfulness of particular acts 4
`493A When environmental harm or related acts are 5
unlawful 6
`(1) This section applies in relation to any of the following acts 7
(relevant acts)-- 8
(a) an act that causes serious or material environmental 9
harm or an environmental nuisance; 10
(b) an act that contravenes a noise standard; 11
(c) a deposit of a contaminant, or release of stormwater 12
run-off, mentioned in section 440ZG. 13
Editor's note-- 14
See chapter 8, part 3 (Offences relating to environmental harm), section 15
440Q (Offence of contravening a noise standard) and section 440ZG 16
(Depositing prescribed water contaminants in waters and related 17
matters). 18
`(2) A relevant act is unlawful unless it is authorised to be done 19
under-- 20
(a) an environmental protection policy; or 21
(b) a transitional environmental program; or 22
(c) an environmental protection order; or 23
(d) an environmental authority; or 24
(e) a development condition of a development approval; or 25
(f) a standard environmental condition of a code of 26
environmental compliance for a chapter 4 activity; or 27
(g) an emergency direction. 28
`(3) However, it is a defence to a charge of unlawfully doing a 29
relevant act to prove-- 30
Page 71
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 55]
(a) the relevant act was done while carrying out an activity 1
that is lawful apart from this Act; and 2
(b) the defendant complied with the general environmental 3
duty. 4
`(4) The defendant is taken to have complied with the general 5
environmental duty if the defendant proves-- 6
(a) an approved code of practice applies to the doing of the 7
relevant act; and 8
(b) to the extent it is relevant, the defendant complied with 9
the code. 10
`(5) A reference in this section to an act includes an omission and 11
a reference to doing an act includes making an omission.'. 12
Clause 55 Amendment of s 505 (Restraint of contraventions of Act 13
etc.) 14
Section 505(6)-- 15
insert-- 16
`(d) may include an order for the defendant to pay the costs 17
reasonably incurred by the administering authority in 18
monitoring the defendant's actions in relation to the 19
offence.'. 20
Clause 56 Amendment of s 514 (Devolution of powers) 21
(1) Section 514(2), `an environmentally relevant activity carried 22
out in' 23
omit, insert-- 24
`a matter relating to'. 25
(2) Section 514(4)-- 26
omit, insert-- 27
`(4) If the devolved matter relates to a matter mentioned in 28
subsection (2), the local government's area is, for subsection 29
(3)(c), taken to include the area to which the matter relates.'. 30
Page 72
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 57]
Clause 57 Amendment of s 520 (Dissatisfied person) 1
(1) Section 520(1)-- 2
insert-- 3
`(fa) if the decision is to issue a direction notice, clean-up 4
notice or cost recovery notice--the recipient; or'. 5
(2) Section 520(1)-- 6
insert-- 7
`(oa) if the decision is about an exemption under chapter 8, 8
part 3F, division 3--the person applying for, or given, 9
the exemption; or'. 10
Clause 58 Amendment of s 521 (Procedure for review) 11
Section 521-- 12
insert-- 13
`(13) Also, this section does not apply to an original decision to 14
issue a clean-up notice.'. 15
Clause 59 Insertion of new s 535A 16
After section 535-- 17
insert-- 18
`535A Stay of decision to issue a clean-up notice 19
`(1) This section applies to an application under section 535 for a 20
stay of a decision to issue a clean-up notice. 21
`(2) In deciding the application, the Court must have regard to-- 22
(a) the quantity and quality of contamination of the 23
environment that is likely to be caused if the stay is 24
granted; and 25
(b) the proximity of the place at or from which the 26
contamination incident is happening or happened to a 27
place with environmental values that may be adversely 28
affected by the contamination.'. 29
Page 73
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 60]
Clause 60 Amendment of s 540 (Required registers) 1
(1) Section 540(1)(l) to (p)-- 2
renumber as section 540(o) to (s). 3
(2) Section 540(1)-- 4
insert-- 5
`(l) direction notices; 6
(m) clean-up notices; 7
(n) cost recovery notices;'. 8
Clause 61 Amendment of s 575 (Entry orders) 9
Section 575(6), `structure, or part of a structure,'-- 10
omit, insert-- 11
`building'. 12
Clause 62 Insertion of new ch 12, pt 4B 13
Chapter 12-- 14
insert-- 15
`Part 4B Protocols and standards 16
`579B Protocols 17
`(1) A protocol is a procedure to be followed in-- 18
(a) developing or carrying out a monitoring program; or 19
(b) taking samples; or 20
(c) making tests or measurements; or 21
(d) preserving or storing samples; or 22
(e) performing analyses on samples; or 23
(f) performing statistical analysis of the results of sample 24
analyses and interpreting the results of the analyses; or 25
Page 74
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 62]
(g) reporting the results and interpretation of the analyses; 1
or 2
(h) developing or applying a predictive model; or 3
(i) carrying out a risk assessment to predict or estimate the 4
risk of adverse effects of contamination on human 5
health or another part of the environment; or 6
(j) assessing the toxic characteristics of an element, 7
compound or combination of compounds. 8
`(2) If this Act provides that, in a particular case, a thing is to be 9
done under a protocol, without identifying a particular 10
protocol, then the thing must be done under-- 11
(a) a protocol of the department that the department 12
publishes and makes available for inspection by 13
members of the public; or 14
(b) if there is no protocol mentioned in paragraph (a) that 15
applies to the case--a protocol issued, before the 16
commencement of this section, by the Australian and 17
New Zealand Environment Conservation Council; or 18
(c) if there is no protocol mentioned in paragraph (a) or (b) 19
that applies to the case--a protocol under an Australian 20
Standard or joint Standards Australia and Standards 21
New Zealand standard; or 22
(d) if there is no protocol mentioned in paragraphs (a) to (c) 23
that applies to the case--a protocol issued by a 24
Ministerial Council established by the Council of 25
Australian Governments; or 26
(e) if there is no protocol mentioned in paragraphs (a) to (d) 27
that applies to the case--a protocol of an entity other 28
than the department that the department publishes and 29
makes available for inspection by members of the 30
public. 31
Page 75
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 63]
`579C Prescribed standards 1
`A reference in a provision of this Act to a prescribed 2
standard is a reference to an Australian Standard, or joint 3
Standards Australia and Standards New Zealand standard, 4
prescribed under a regulation for the provision.'. 5
Clause 63 Amendment of s 580 (Regulation-making power) 6
Section 580(3)(a), after `fees'-- 7
insert-- 8
`, or a score, assigned by the regulation to an activity to which 9
the fees relate, that reflects the factors'. 10
Clause 64 Amendment of s 593 (Transitional authority taken to be 11
non-code compliant) 12
Section 593, `mining activities that are level 1 13
environmentally relevant activities'-- 14
omit, insert-- 15
`a level 1 mining project'. 16
Clause 65 Insertion of new ch 13, pt 10 17
Chapter 13-- 18
insert-- 19
`Part 10 Savings provision for 20
Environmental Protection and 21
Other Legislation Amendment 22
Act (No. 2) 2008 23
`645 Definition for pt 10 24
`In this part-- 25
Page 76
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 66]
commencement day means the day of commencement of the 1
provision in which the term appears. 2
`646 Accrediting entity for s 440ZL 3
`A reference in section 440ZL to a certificate issued by an 4
accredited entity includes a certificate issued, before the 5
commencement day, by the Energy Information Centre in 6
South Australia. 7
Editor's note-- 8
section 440ZL (Sale of solid fuel-burning equipment for use in 9
residential premises and related matters)'. 10
Clause 66 Insertion of new sch 1AA 11
After chapter 13-- 12
insert-- 13
`Schedule 1AA Exclusions relating to 14
environmental 15
nuisance or environmental 16
harm 17
sections 17A, 440 and 440Q 18
`Part 1 Environmental nuisance 19
excluded from ss 440 and 440Q 20
`1 Safety and transport noise 21
`Environmental nuisance caused by any of the following types 22
of noise-- 23
(a) noise from an audible traffic signal, at pedestrian lights 24
under the Queensland Road Rules, that complies with 25
Page 77
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 66]
AS 1742.10--1990 `Pedestrian control and protection'; 1
or 2
Editorial note-- 3
A copy of AS 1742.10 may be inspected, free of charge, at the 4
department's office at 160 Ann Street, Brisbane. 5
(b) noise from a warning signal for a railway crossing; 6
(c) safety signal noise from a reversing vehicle; 7
(d) noise from operating a ship, including noise from-- 8
(i) machinery and equipment; or 9
(ii) shore and ship based port operations for loading 10
onto a ship, or unloading from a ship, items other 11
than bulk goods; or 12
(iii) ship to shore communications relating to safe 13
berthing and cargo handling; or 14
(iv) a ship's horn; 15
(e) noise from aircraft movement; 16
(f) noise from the ordinary use of a public road or 17
State-controlled road; 18
(g) noise from the ordinary use of a busway, light rail or rail 19
transport infrastructure. 20
`2 Government activities and public infrastructure 21
`Environmental nuisance caused in the course of any of the 22
following activities-- 23
(a) maintaining a public road, State-controlled road, railway 24
or other infrastructure for public transport; 25
(b) maintaining a public infrastructure facility, including-- 26
(i) infrastructure for a water or sewerage service; and 27
(ii) a facility for a telecommunication or electricity 28
system; 29
Page 78
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 66]
(c) performing a function under the Disaster Management 1
Act 2003; 2
(d) in the case of the State or a local 3
government--preventing or removing, or reducing the 4
risk to public health from, a public health risk under the 5
Public Health Act 2005. 6
`3 Nuisance regulated by other laws 7
`Environmental nuisance caused by any of the following-- 8
(a) an act or omission that is a contravention of a local law; 9
(b) an act done, or omission made, under an authority given 10
under a local law; 11
(c) noise to which the Police Powers and Responsibilities 12
Act 2000, chapter 19, part 3 applies; 13
(d) an emission of a contaminant at a workplace, within the 14
meaning given by the Workplace Health and Safety Act 15
1995, section 9, that does not extend beyond the 16
workplace; 17
(e) a public health risk within the meaning given by the 18
Public Health Act 2005, section 11; 19
(f) development carried out under an approval under the 20
Integrated Planning Act 1997 that authorises the 21
environmental nuisance; 22
(g) the use, for a fireworks display, of explosives within the 23
meaning given by the Explosives Act 1999; 24
(h) smoking within the meaning given by the Tobacco and 25
Other Smoking Products Act 1998. 26
Page 79
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 67]
`Part 2 Exclusions from environmental 1
harm and environmental 2
nuisance 3
`4 Non-domestic animal noise 4
`Animal noise from a non-domestic animal. 5
`5 Particular cooking odours 6
`A cooking odour from cooking carried out on land on which 7
a class 1, 2 or 3 building under the Building Code of Australia 8
is constructed.'. 9
Clause 67 Amendment of sch 1 (Original decisions) 10
(1) Schedule 1, part 2, division 2-- 11
insert-- 12
`73FA decision to cancel a single registration certificate for
activities and issue 2 or more registration certificates for
the activities'.
(2) Schedule 1, part 2, division 5-- 13
insert-- 14
`363B decision to issue a direction notice
363H decision to issue a clean-up notice
363N decision to issue a cost recovery notice'.
(3) Schedule 1, part 2-- 15
insert-- 16
Page 80
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 68]
`Division 5A Decisions under chapter 8 1
Section Description of decision
440ZU request for information or documents about an
application for an exemption
440ZV imposition of conditions on an exemption
440ZV refusal of application for an exemption'.
Clause 68 Amendment of sch 2 (Notifiable activities) 2
Schedule 2, item 10-- 3
omit. 4
Clause 69 Amendment of sch 3 (Dictionary) 5
(1) Schedule 3, definitions deposit, level 1 environmentally 6
relevant activity, level 1 petroleum activity, level 2 chapter 4 7
activity, level 2 environmentally relevant activity, level 2 8
petroleum activity, place, premises and prescribed person-- 9
omit. 10
(2) Schedule 3-- 11
insert-- 12
`affected building, for chapter 8, part 3B, see section 440K. 13
aircraft movement means a landing, departure or ground 14
movement of aircraft, whether on or from land, water, a 15
building or a vehicle. 16
at, for chapter 8, part 3B, see section 440K. 17
audible noise, for chapter 8, part 3B, see section 440L. 18
background level, for chapter 8, part 3B, see section 440K. 19
building includes-- 20
(a) any kind of structure; and 21
(b) part of a building. 22
Page 81
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 69]
building work, for chapter 8, part 3B, see section 440K. 1
busway see the Transport Infrastructure Act 1994, schedule 6. 2
clean-up notice see section 363H(1). 3
coastal waters, for chapter 8, part 3D, see section 440ZH. 4
contamination incident see section 363F. 5
contravention, of a prescribed provision, for chapter 7, part 6
5A, includes, in the context of a direction notice relating to the 7
contravention issued by an authorised person, a reference to a 8
contravention that the authorised person believes is happening 9
or has happened. 10
cost recovery notice see section 363N(1). 11
deposit-- 12
(a) for chapter 8, part 3A, see section 440A; or 13
(b) for chapter 8, part 3C, see section 440ZE. 14
direction notice see section 363B(2). 15
earth, for chapter 8, part 3C, see section 440ZD. 16
educational institution, for chapter 8, part 3B, see section 17
440K. 18
harmful substance, for chapter 8, part 3D, see section 440ZH. 19
indoor venue, for chapter 8, part 3B, see section 440K. 20
LA90, T, for chapter 8, part 3B, see section 440K. 21
level 1 petroleum activity means a petroleum activity 22
prescribed by a regulation under section 77(2) as a level 1 23
petroleum activity. 24
level 2 petroleum activity means a petroleum activity 25
prescribed by a regulation under section 77(2) as a level 2 26
petroleum activity. 27
licensed premises, for chapter 8, part 3B, see section 440K. 28
light rail see the Transport Infrastructure Act 1994, schedule 29
6. 30
Page 82
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 69]
MARPOL see the Transport Operations (Marine Pollution) 1
Act 1995, section 6. 2
natural disaster does not include an event that can be 3
prevented by human action. 4
natural environment-- 5
(a) means living and non-living things that occur naturally 6
at 1 or more places on Earth; and 7
(b) does not include amenity or aesthetic, cultural, 8
economic or social conditions. 9
noise standard, for chapter 8, part 3B, see section 440K. 10
nominated section, for chapter 8, part 3B, division 2, see 11
section 440O(2)(b). 12
non-coastal waters, for chapter 8, part 3D, see section 13
440ZH. 14
noxious liquid substance, for chapter 8, part 3D, see section 15
440ZH. 16
oil, for chapter 8, part 3D, see section 440ZH. 17
open-air event, for chapter 8, part 3B, see section 440K. 18
owner-builder permit means an owner-builder permit under 19
the Queensland Building Services Authority Act 1991. 20
parent corporation, of another corporation, means a 21
corporation of which the other corporation is a subsidiary 22
under the Corporations Act. 23
particles includes dust and ash. 24
peak particle velocity, for chapter 8, part 3B, see section 25
440K. 26
place-- 27
(a) for chapter 7, parts 5B and 5C, see section 363F; or 28
(b) for chapter 8, part 3A, see section 440A. 29
power boat, for chapter 8, part 3B, see section 440K. 30
Page 83
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 69]
premises includes a building and the land on which a building 1
is situated. 2
prescribed person-- 3
(a) for a contamination incident-- 4
(i) for chapter 7, part 5B, see section 363G; or 5
(ii) for chapter 7, part 5C, see section 363M; or 6
(iii) for sections 487 and 488, has the meaning given by 7
section 363G; or 8
(b) for chapter 8, part 3A, division 3, see section 440E. 9
prescribed provision, for chapter 7, part 5A, see section 10
363A. 11
prescribed standard see section 579C. 12
prescribed water contaminant, for chapter 8, part 3C, see 13
section 440ZD. 14
protocol see section 579B. 15
public road means a road that is open to the public, whether 16
or not on payment of money. 17
rail transport infrastructure see the Transport Infrastructure 18
Act 1994, schedule 6. 19
railway means a private or public railway or railway facility. 20
Examples of a railway facility-- 21
railway bridge, railway communications system, railway marshalling 22
station and yard, railway track, works built for a railway 23
receiving environment, in relation to an activity that causes or 24
may cause environmental harm, means the part of the 25
environment to which the harm is, or may be, caused. 26
sewage, for chapter 8, part 3D, see section 440ZH. 27
State-controlled road means a road or route, or part of a road 28
or route, declared under the Transport Infrastructure Act 29
1994, section 24 to be a State-controlled road. 30
Page 84
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 69]
stormwater includes a run-off of rainwater from an urban or 1
rural source. 2
stormwater drainage, for chapter 8, part 3C, see section 3
440ZD. 4
Z Peak, for chapter 8, part 3B, see section 440K. 5
Z Peak Hold, for chapter 8, part 3B, see section 440K.'. 6
(3) Schedule 3, definition development condition-- 7
insert-- 8
`3 To remove any doubt, it is declared that if a condition 9
mentioned in clause 1 was imposed on a development 10
approval because the approval related to an environmentally 11
relevant activity, the condition does not stop being a 12
development condition only because the activity stops being 13
an environmentally relevant activity.'. 14
(4) Schedule 3, definition environmental requirement, paragraphs 15
(c) and (d)-- 16
renumber as paragraphs (d) and (e). 17
(5) Schedule 3, definition environmental requirement-- 18
insert-- 19
`(c) a clean-up notice; or'. 20
(6) Schedule 3, definition hazardous contaminant, after `a 21
contaminant'-- 22
insert-- 23
`, other than an item of explosive ordnance,'. 24
(7) Schedule 3, definition hazardous contaminant, paragraph (a), 25
`carcinogencity'-- 26
omit, insert-- 27
`carcinogenicity'. 28
(8) Schedule 3, definition notifiable activity, `schedule 2'-- 29
omit, insert-- 30
`schedule 3'. 31
Page 85
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 2 Amendment of Environmental Protection Act 1994
[s 70]
(9) Schedule 3, definition obstruct, after `hinder,'-- 1
insert-- 2
`delay,'. 3
(10) Schedule 3, definition recipient, paragraphs (c) to (e)-- 4
renumber as paragraphs (d) to (f). 5
(11) Schedule 3, definition recipient-- 6
insert-- 7
`(c) for a direction notice, clean-up notice or cost recovery 8
notice--the person to whom the notice is issued; or'. 9
(12) Schedule 3, definition regulatory requirement, paragraph 10
(a)(i)-- 11
omit, insert-- 12
`(i) a development application for which the 13
administering authority is the assessment manager 14
or a referral agency;'. 15
(13) Schedule 3, definition regulatory requirement, paragraph 16
(c)-- 17
omit. 18
(14) Schedule 3, definition unlawful environmental harm, `section 19
436(1)'-- 20
omit, insert-- 21
`section 493A'. 22
Clause 70 Renumbering of schedules 23
Schedules 1AA to 3-- 24
renumber as schedules 1 to 4. 25
Page 86
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 3 Amendment of Dangerous Goods Safety Management Act 2001
[s 71]
Part 3 Amendment of Dangerous 1
Goods Safety Management Act 2
2001 3
Clause 71 Act amended in pt 3 4
This part amends the Dangerous Goods Safety Management 5
Act 2001. 6
Clause 72 Amendment of s 107 (Recovery of costs of government 7
action) 8
(1) Section 107(3) and (4)-- 9
omit, insert-- 10
`(3) For recovering the costs, the State or a local government must 11
act under section 107A and the right to recover the costs is 12
subject to section 107A(4). 13
`(4) The costs are recoverable jointly and severally from the 14
following (each a prescribed person)-- 15
(a) a person who caused or permitted the dangerous 16
situation; 17
(b) a person who, at the time the dangerous situation 18
existed, was-- 19
(i) an occupier of the place where the dangerous 20
situation existed; or 21
(ii) a person who owned, or was in control of, the 22
hazardous materials involved in the dangerous 23
situation; 24
(c) if a cost recovery notice is issued to a corporation (the 25
first corporation) in relation to a dangerous situation 26
and it fails to pay the amount claimed under the 27
notice-- 28
(i) a parent corporation of the first corporation; or 29
(ii) an executive officer of the first corporation.'. 30
Page 87
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 3 Amendment of Dangerous Goods Safety Management Act 2001
[s 73]
(2) Section 107-- 1
insert-- 2
`(6) In this section-- 3
costs includes labour, equipment and administrative costs and 4
expenses.'. 5
Clause 73 Insertion of new ss 107A and 107B 6
Part 6, division 4-- 7
insert-- 8
`107A Cost recovery notice 9
`(1) If the State or a local government (the claimant) may recover 10
costs under section 107, it may issue a notice (a cost recovery 11
notice) to a person the claimant reasonably believes to be a 12
prescribed person claiming a stated amount for the costs. 13
`(2) The notice must state the following-- 14
(a) the name of the person to whom the notice is issued; 15
(b) a description of the dangerous situation to which the 16
notice relates; 17
(c) the place where the dangerous situation existed; 18
(d) the amount claimed; 19
(e) a description of costs giving rise to the claimed amount; 20
(f) that if the person does not pay the amount to the 21
claimant within 30 days after the day the notice is 22
issued, the claimant may claim the amount from the 23
person as a debt; 24
(g) the name, address and contact details of the claimant; 25
(h) that the person may appeal against the decision to issue 26
the notice; 27
(i) how the person may appeal. 28
`(3) Subject to subsection (4), if the person does not pay the 29
amount to the claimant within 30 days after the day the notice 30
Page 88
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 3 Amendment of Dangerous Goods Safety Management Act 2001
[s 73]
is issued, the claimant may claim the amount from the person 1
as a debt. 2
`(4) The amount is not payable-- 3
(a) if the person to whom the cost recovery notice was 4
issued (the recipient) is not a prescribed person; or 5
(b) if the dangerous situation was caused by a natural 6
disaster; or 7
(c) if-- 8
(i) the dangerous situation was caused by a terrorist 9
act or other deliberate act of sabotage by someone 10
other than the recipient; and 11
(ii) the recipient had taken all measures it would be 12
reasonable for the recipient to have taken to 13
prevent the dangerous situation, having regard to 14
all the circumstances including the nature of the 15
recipient's connection with the situation; or 16
(d) for a recipient who is a prescribed person mentioned in 17
section 107(4)(c)(i), if the recipient took all reasonable 18
steps to ensure the first corporation paid the amount 19
claimed under the notice served on the first corporation; 20
or 21
(e) for a recipient who is a prescribed person mentioned in 22
section 107(4)(c)(ii), if-- 23
(i) the recipient took all reasonable steps to ensure the 24
first corporation paid the amount claimed under the 25
notice served on the first corporation; or 26
(ii) the recipient was not in a position to influence the 27
conduct of the first corporation in relation to its 28
paying the amount claimed under the notice served 29
on the first corporation. 30
`(5) To the extent that the recipient pays an amount in compliance 31
with the cost recovery notice but did not cause or permit the 32
dangerous situation to happen, the recipient may recover the 33
amount as a debt from another person who caused or 34
permitted the dangerous situation to happen. 35
Page 89
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 3 Amendment of Dangerous Goods Safety Management Act 2001
[s 74]
`(6) In this section-- 1
first corporation see section 107(4)(c). 2
`107B Cost recovery notice issued to several persons 3
`If a cost recovery notice is issued to 2 or more persons-- 4
(a) a copy of the notice must be given to each person; and 5
(b) the amount claimed in the notice is payable by the 6
persons jointly and severally.'. 7
Clause 74 Insertion of new pt 9, div 1A 8
After section 154-- 9
insert-- 10
`Division 1A Appeals against decision to issue 11
cost recovery notice 12
`154A Who may appeal 13
`A person issued a cost recovery notice under section 107A 14
may appeal against the decision to issue the notice. 15
`154B Court to which appeal may be made 16
`An appeal under this division may be made to the Magistrates 17
Court nearest the place where the dangerous situation, to 18
which the cost recovery notice applies, existed. 19
`154C Application of ss 150-154 to an appeal under this 20
division 21
`(1) Sections 150 to 154 apply to an appeal under this division. 22
`(2) In applying sections 150 to 154 in relation to a cost recovery 23
notice issued by a local government, a reference to the chief 24
executive is to be read as a reference to the local government's 25
chief executive officer.'. 26
Page 90
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 3 Amendment of Dangerous Goods Safety Management Act 2001
[s 75]
Clause 75 Insertion of new pt 13 1
After part 12-- 2
insert-- 3
`Part 13 Transitional provision for 4
Environmental Protection and 5
Other Legislation Amendment 6
Act (No. 2) 2008 7
`189 Proceedings started before commencement of 8
this section 9
`(1) This section applies if, before the commencement, the State or 10
a local government started court proceedings to recover an 11
amount of costs under section 107 of the pre-amended Act. 12
`(2) The State or local government may continue to recover the 13
amount under that section and for that purpose the 14
pre-amended Act continues to apply. 15
`(3) In this section-- 16
pre-amended Act means this Act as in force immediately 17
before the commencement of this section.'. 18
Clause 76 Amendment of sch 2 (Dictionary) 19
Schedule 2-- 20
insert-- 21
`claimant, for part 6, division 4, see section 107A(1). 22
cost recovery notice see section 107A(1). 23
costs, for part 6, division 4, see section 107(6). 24
natural disaster does not include an event that can be 25
prevented by human action. 26
Page 91
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 4 Amendment of Environmental Protection and Other Legislation Amendment Act 2007
[s 77]
parent corporation, of another corporation, means a 1
corporation of which the other corporation is a subsidiary 2
under the Corporations Act. 3
prescribed person, for part 6, division 4, see section 107(4).'. 4
Part 4 Amendment of Environmental 5
Protection and Other 6
Legislation Amendment Act 7
2007 8
Clause 77 Act amended in pt 4 9
This part amends the Environmental Protection and Other 10
Legislation Amendment Act 2007. 11
Clause 78 Amendment of s 26 (Amendment of s 514 (Devolution of 12
powers)) 13
Section 26(2)-- 14
omit. 15
Editor's note-- 16
The legislation ultimately amended is the Environmental Protection Act 17
1994. 18
Part 5 Amendment of Integrated 19
Planning Act 1997 20
Clause 79 Act amended in pt 5 21
This part amends the Integrated Planning Act 1997. 22
Page 92
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 5 Amendment of Integrated Planning Act 1997
[s 80]
Clause 80 Amendment of s 1.3.5 (Definitions for terms used in 1
development) 2
Section 1.3.5(1), definition material change of use-- 3
insert-- 4
`(d) the continuation, on the premises, of an environmentally 5
relevant activity carried out under an approval 6
mentioned in the Environmental Protection Act 1994, 7
section 624(1)(b); or 8
(e) the continuation of an activity on the premises, after the 9
activity becomes an environmentally relevant activity, 10
if-- 11
(i) there is no development approval for the activity; 12
and 13
(ii) the activity was, at any time before it became an 14
environmentally relevant activity, lawfully carried 15
out on the premises while there was no 16
development approval for the activity.'. 17
Clause 81 Amendment of s 4.1.28A (Additional and extended appeal 18
rights for submitters for particular development 19
applications) 20
Section 4.1.28A(3)(a), `environmentally relevant activity 21
mentioned in the Environmental Protection Regulation 1998, 22
schedule 1, item 1'-- 23
omit, insert-- 24
`aquacultural ERA'. 25
Clause 82 Insertion of new ch 6, pt 9 26
Chapter 6-- 27
insert-- 28
Page 93
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 5 Amendment of Integrated Planning Act 1997
[s 83]
`Part 9 Transitional provisions for 1
Environmental Protection and 2
Other Legislation Amendment 3
Act (No. 2) 2008 4
`6.9.1 Particular activities not a material change of use 5
`Section 1.3.5(1), definition material change of use, paragraph 6
(e) does not apply to an activity carried out as part of-- 7
(a) the project for the North-South Bypass Tunnel for which 8
a development approval, held by the Brisbane City 9
Council, was in force immediately before the 10
commencement of this section; or 11
(b) the project for the Airport Link Tunnel Project for which 12
a development approval, held by BrisConnections, was 13
in force immediately before the commencement of this 14
section. 15
`6.9.2 Deferment of application of s 4.3.1 to particular 16
material changes of use 17
`(1) Section 4.3.1 does not apply to the carrying out of a material 18
change of use of premises mentioned in section 1.3.5, 19
definition material change of use, paragraph (d), until 1 year 20
after the commencement of that paragraph. 21
`(2) Section 4.3.1 does not apply to the carrying out of a material 22
change of use of premises mentioned in section 1.3.5, 23
definition material change of use, paragraph (e), until 1 year 24
after the day the activity becomes an environmentally relevant 25
activity.'. 26
Clause 83 Amendment of sch 8 (Assessable development and 27
self-assessable development) 28
(1) Schedule 8, part 1, table 2, item 1(d), `the Environmental 29
Protection Regulation 1998'-- 30
Page 94
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 5 Amendment of Integrated Planning Act 1997
[s 84]
omit, insert-- 1
`a regulation under the Environmental Protection Act 1994'. 2
(2) Schedule 8, part 1, table 5, items 3 and 4, `the Environmental 3
Protection Regulation 1998'-- 4
omit, insert-- 5
`a regulation under the Environmental Protection Act 1994'. 6
(3) Schedule 8, part 2, table 5, item 1, `the Environmental 7
Protection Regulation 1998'-- 8
omit, insert-- 9
`a regulation under the Environmental Protection Act 1994'. 10
Clause 84 Amendment of sch 8A (Assessment manager for 11
development applications) 12
(1) Schedule 8A, table 4, item 3(a)-- 13
omit, insert-- 14
`(a) development for-- 15
(i) a dredging ERA; or 16
(ii) an extraction ERA; or 17
(iii) a combination of a dredging ERA and an 18
extraction ERA; or 19
(iv) a combination of a dredging ERA and a screening 20
ERA; or 21
(v) a combination of an extraction ERA and a 22
screening ERA; or 23
(vi) a combination of a dredging ERA, an extraction 24
ERA and a screening ERA; and'. 25
(2) Schedule 8A, table 4, item 6(b)(i)-- 26
omit, insert-- 27
`(i) development for an aquacultural ERA;'. 28
Page 95
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 5 Amendment of Integrated Planning Act 1997
[s 85]
Clause 85 Amendment of sch 9 (Development that is exempt from 1
assessment against a planning scheme) 2
Schedule 9, table 5, item 3, `section 75'-- 3
omit, insert-- 4
`section 77(1)'. 5
Clause 86 Amendment of sch 10 (Dictionary) 6
(1) Schedule 10-- 7
insert-- 8
`aquacultural ERA means an environmentally relevant 9
activity, prescribed under a regulation for this definition, 10
relating to aquaculture. 11
dredging ERA means an environmentally relevant activity, 12
prescribed under a regulation for this definition, relating to 13
dredging material. 14
environmental nuisance see the Environmental Protection 15
Act 1994, section 15. 16
extraction ERA means an environmentally relevant activity, 17
prescribed under a regulation for this definition, relating to 18
extracting rock or other material. 19
screening ERA means an environmentally relevant activity, 20
prescribed under a regulation for this definition, relating to 21
screening, washing, crushing, grinding, milling, sizing or 22
separating material extracted from the earth or dredged.'. 23
(2) Schedule 10, definitions hazardous contaminant, mobile and 24
temporary environmentally relevant activity, notifiable 25
activity, petroleum activity, site management plan and 26
suitability statement, `schedule 3'-- 27
omit, insert-- 28
`schedule 4'. 29
Page 96
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 6 Amendment of Nature Conservation Act 1992
[s 87]
Part 6 Amendment of Nature 1
Conservation Act 1992 2
Clause 87 Act amended in pt 6 3
This part amends the Nature Conservation Act 1992. 4
Clause 88 Amendment of s 33 (Amalgamation etc. of protected 5
areas) 6
Section 33(2)(b), after `with'-- 7
insert-- 8
`the same or'. 9
Clause 89 Amendment of s 36 (Authorities for new national park or 10
national park (recovery)) 11
(1) Section 36(3), `section 46'-- 12
omit, insert-- 13
`section 56'. 14
(2) Section 36(6), definition allowable term, paragraph (a)(iv), 15
`section 46'-- 16
omit, insert-- 17
`section 56'. 18
Clause 90 Amendment of s 46 (Declaration of protected area) 19
(1) Section 46(5), `Subsection (4)'-- 20
omit, insert-- 21
`Subsection (5)'. 22
(2) Section 46(3) to (6)-- 23
renumber as section 46(4) to (7). 24
(3) Section 46-- 25
Page 97
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 6 Amendment of Nature Conservation Act 1992
[s 91]
insert-- 1
`(3) For subsection (2)(b), a reference in the regulation to the 2
duration of the conservation agreement for the area is, if the 3
agreement is terminated and replaced by another agreement 4
under section 48, a reference to the duration of the other 5
agreement.'. 6
Clause 91 Amendment of s 47 (Duration and termination of 7
conservation agreements) 8
(1) Section 47(1)(a), after `subsection (2)'-- 9
insert-- 10
`or by another agreement under section 48'. 11
(2) Section 47(2), `A conservation agreement'-- 12
omit, insert-- 13
`Subject to section 48, a conservation agreement'. 14
Clause 92 Amendment of s 48 (Variation of conservation 15
agreements) 16
(1) Section 48, heading, after `Variation'-- 17
insert-- 18
`or replacement'. 19
(2) Section 48, from `A conservation' to `example--'-- 20
omit, insert-- 21
`(1) The State and the landholders bound by a conservation 22
agreement for a protected area (the earlier agreement) may 23
enter into another conservation agreement for the area (the 24
later agreement) that varies, or terminates and replaces, the 25
earlier agreement. 26
`(2) The earlier agreement may be varied, for example--'. 27
(3) Section 48-- 28
insert-- 29
Page 98
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 6 Amendment of Nature Conservation Act 1992
[s 93]
`(3) Section 45(2) to (5) applies to the later agreement. 1
`(4) However, section 45(2) does not apply in relation to a person 2
whose rights will only be affected by the later agreement in 3
the same way as by the earlier agreement.'. 4
Clause 93 Amendment of s 70B (Definitions for pt 4A) 5
Section 70B-- 6
insert-- 7
`SEQ horse riding trail network see section 70BA.'. 8
Clause 94 Insertion of new s 70BA 9
After section 70B-- 10
insert-- 11
`70BA SEQ horse riding trail network 12
`(1) The SEQ horse riding trail network is the network of horse 13
riding trails in South East Queensland designated as `finalised 14
horse trails' on maps held by the department for this section. 15
`(2) Copies of the maps may be inspected, free of charge, on the 16
department's website and, during office hours on business 17
days, at the department's head office. 18
Editor's note-- 19
The department's website is .'. 20
Clause 95 Insertion of new ss 70JA and 70JB 21
After section 70J-- 22
insert-- 23
`70JA Review of impact of horse riding trails 24
`(1) The chief executive must review the areas within forest 25
reserves that comprise horse riding trails in the SEQ horse 26
riding trail network. 27
`(2) In conducting the review, the chief executive must-- 28
Page 99
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 6 Amendment of Nature Conservation Act 1992
[s 95]
(a) have assessments conducted under section 70JB; and 1
(b) consider how to address any significant adverse impacts 2
identified by the assessments including, if appropriate, 3
removing a trail from the SEQ horse riding trail 4
network. 5
`(3) The review must start as soon as practicable after the 6
commencement of this section and must be completed for all 7
areas by 31 December 2025. 8
`70JB Assessment by independent scientific advisory 9
committee 10
`(1) This section applies to an assessment required under section 11
70JA(2)(a). 12
`(2) The assessment must be of the impact, on horse riding trails 13
and adjacent areas, of horse riding use. 14
`(3) The assessment must be conducted by an advisory committee, 15
established under section 132, comprising members who-- 16
(a) have expertise in relevant disciplines for the assessment; 17
and 18
Examples of disciplines that may be relevant-- 19
aquatic science, conservation biology, conservation 20
management, environmental impact assessment, social science, 21
soil science, statistical analysis, sustainable recreation, weed 22
management 23
(b) are independent of government or non-government 24
entities that might reasonably be perceived to be 25
particularly interested in decisions affecting horse riding 26
in forest reserves. 27
`(4) The assessment must be based on monitoring and evaluation 28
conducted over a period long enough to assess the likely 29
impacts of horse riding use. 30
`(5) The assessment must take account of the cumulative impacts 31
of horse riding and other activities conducted in the areas to 32
which the assessment relates. 33
Page 100
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 6 Amendment of Nature Conservation Act 1992
[s 96]
`(6) To the extent the assessment relates to a particular horse 1
riding trail, the assessment need not be based on measurement 2
or monitoring of the trail, or of every part of the trail, but may 3
be based on appropriate information obtained from measuring 4
or monitoring, and evaluating, other trails or parts of the trail 5
with relevant characteristics. 6
`(7) In this section-- 7
adjacent areas, in relation to horse riding trails, means areas 8
adjacent to the trails whether or not the areas are part of a 9
forest reserve.'. 10
Clause 96 Amendment of s 70K (Designation) 11
(1) Section 70K(1)(b)-- 12
renumber as section 70K(1)(c). 13
(2) Section 70K(1)-- 14
insert-- 15
`(b) for a proposed protected area that includes a horse 16
riding trail in the SEQ horse riding trail network, the 17
chief executive has completed the review under section 18
70JA to the extent the review relates to the proposed 19
protected area; and'. 20
Clause 97 Amendment of schedule (Dictionary) 21
(1) Schedule, definition conservation agreement-- 22
omit. 23
(2) Schedule-- 24
insert-- 25
`conservation agreement means a conservation agreement 26
under section 45 or 48. 27
forest reserve see section 70B. 28
SEQ horse riding trail network see section 70BA.'. 29
Page 101
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Part 7 Amendments of other Acts
[s 98]
Part 7 Amendments of other Acts 1
Clause 98 Other Acts amended 2
Schedule 2 amends the Acts it mentions. 3
Page 102
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Schedule 1
Schedule 1 Minor amendments of 1
Environmental Protection Act 2
1994 3
section 3 4
1 Section 7, `schedule 3'-- 5
omit, insert-- 6
`schedule 4'. 7
2 Section 129(2)(a), `division'-- 8
omit, insert-- 9
`part'. 10
3 Section 136(2)(b), `division'-- 11
omit, insert-- 12
`decision'. 13
4 Section 269A(2)(b), `a'-- 14
omit. 15
5 Section 440A, definition place, note, `schedule 3'-- 16
omit, insert-- 17
`schedule 4'. 18
6 Section 460(6), from `Subsection' to `does'-- 19
omit, insert-- 20
`Subsection (5) does'. 21
Page 103
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Schedule 1
7 Section 462(6), `subsection (4)'-- 1
omit, insert-- 2
`subsection (5)'. 3
8 Section 519(1), `schedule 1'-- 4
omit, insert-- 5
`schedule 2'. 6
9 Section 522(1)(a) and (b), `schedule 1'-- 7
omit, insert-- 8
`schedule 2'. 9
10 Section 523, `schedule 1'-- 10
omit, insert-- 11
`schedule 2'. 12
11 Section 584, definition special agreement Act, 13
paragraphs (h), (i) and (k)-- 14
omit. 15
12 Section 584, definition special agreement Act, 16
paragraphs (c) to (o)-- 17
renumber as paragraphs (b) to (k). 18
13 Amendment of s 616Q (Reference to State government 19
agreement includes particular rights) 20
Section 616Q(2), `schedule 3'-- 21
omit, insert-- 22
`schedule 4'. 23
Page 104
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Schedule 1
14 Amendment of s 616U (Reference to State government 1
agreement includes particular rights) 2
Section 616U(2), `schedule 3'-- 3
omit, insert-- 4
`schedule 4'. 5
15 Amendment of sch 2 (Notifiable activities) 6
Schedule 2, heading, `schedule 3, dictionary'-- 7
omit, insert-- 8
`schedule 4, dictionary'. 9
Page 105
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Schedule 2
Schedule 2 Consequential and minor 1
amendments of other Acts 2
section 98 3
Coastal Protection and Management Act 1995 4
1 Schedule, definition chapter 4 activity, `schedule 3'-- 5
omit, insert-- 6
`schedule 4'. 7
2 Schedule, definition environmental authority, `schedule 8
3'-- 9
omit, insert-- 10
`schedule 4'. 11
Industrial Development Act 1963 12
1 Schedule, definition hazardous contaminant, `schedule 13
3'-- 14
omit, insert-- 15
`schedule 4'. 16
Page 106
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Schedule 2
Mineral Resources Act 1989 1
1 Schedule, definition special agreement Act, paragraphs 2
(g), (h) and (j)-- 3
omit. 4
2 Schedule, definition special agreement Act, paragraphs 5
(i) to (n)-- 6
renumber as paragraphs (g) to (k). 7
State Development and Public Works Organisation 8
Act 1971 9
1 Section 54D(3), `and 436 to 440'-- 10
omit, insert-- 11
`, 437 to 440 and 493A'. 12
2 Section 54D(5)(b), `and 436 to 440'-- 13
omit, insert-- 14
`, 437 to 440 and 493A'. 15
Water Act 2000 16
1 Section 1065AA(2), `section 130, 291'-- 17
omit, insert-- 18
`section 290A'. 19
Page 107
Environmental Protection and Other Legislation Amendment Bill (No. 2) 2008
Schedule 2
2 Schedule 4, definition residential complex, `schedule 3'-- 1
omit, insert-- 2
`schedule 4'. 3
Wild Rivers Act 2005 4
1 Schedule, definition special agreement Act, `section 5
614(2)'-- 6
omit, insert-- 7
`section 584'. 8
© State of Queensland 2008
Page 108
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