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Queensland
ENVIRONMENTAL
PROTECTION LEGISLATION
AMENDMENT BILL 2003
Queensland
ENVIRONMENTAL PROTECTION
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF ENVIRONMENTAL PROTECTION
ACT 1994
3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of ch 4 (Development approvals and environmental
authorities other than for mining activities) . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 87 (Operation of sdiv 1). . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6 Replacement of s 106 (Term of environmental authority) . . . . . . . . . . . . . . 22
106 Term of environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7 Omission of ch 4, pt 4 (Conversion of licence to level 1 approval) . . . . . . . 22
8 Amendment of s 119 (Public notice may be required for amendment of
licence (without development approval)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
9 Amendment of s 120 (Public notice process) . . . . . . . . . . . . . . . . . . . . . . . . 23
10 Amendment of s 128J (When surrender application required) . . . . . . . . . . . 23
11 Amendment of s 130 (Other amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . 23
12 Amendment of s 131 (Conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
13 Amendment of s 135 (Decision on proposed action) . . . . . . . . . . . . . . . . . . 23
14 Omission of s 145 (Death of environmental authority holder) . . . . . . . . . . . 24
15 Omission of ch 5, pt 13, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
16 Amendment of ch 6, hdg (General provisions about environmental
authorities) ........................................... 24
17 Replacement of s 316 (Annual fee and return) . . . . . . . . . . . . . . . . . . . . . . . 24
316 Annual fee and return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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18 Omission of s 318 (Effect of Integrated Planning Act, s 6.1.44). . . . . . . . . . 25
19 Replacement of ss 318A and 318B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
318A Changing anniversary day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
318B Special provisions for changeover in anniversary day. . . . . . . . . . . . 26
318C Death of environmental authority holder or registered operator . . . . 27
20 Amendment of s 320 (Duty to notify environmental harm) . . . . . . . . . . . . . 27
21 Amendment of s 326 (Administering authority to consider and act on
environmental reports). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
22 Amendment of s 332 (Administering authority may require draft program) 27
23 Amendment of s 346 (Effect of compliance with program) . . . . . . . . . . . . . 27
24 Amendment of s 358 (When order may be issued) . . . . . . . . . . . . . . . . . . . . 28
25 Amendment of s 364 (When financial assurance may be required) . . . . . . . 28
26 Amendment of s 367 (Claims on financial assurances) . . . . . . . . . . . . . . . . 29
27 Replacement of ss 426 and 427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
426 Environmental authority required for mining or petroleum activity 30
427 Only registered operators may carry out chapter 4 activities. . . . . . . 30
28 Amendment of s 429 (Special provisions for interstate transporters of
controlled waste) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
29 Insertion of ss 435A and 435B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
435A Offence to contravene standard environmental conditions . . . . . . . . 31
435B Registered operator responsible for ensuring conditions
complied with ...................................... 31
30 Amendment of s 436 (Unlawful environmental harm) . . . . . . . . . . . . . . . . . 32
31 Insertion of new s 444A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
444A Offence not to notify chapter 4 activity has stopped . . . . . . . . . . . . . 32
32 Amendment of s 452 (Entry of place--general) . . . . . . . . . . . . . . . . . . . . . . 33
33 Amendment of s 458 (Order to enter land to conduct investigation or
conduct work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
34 Amendment of s 490 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 34
35 Amendment of s 499 (Proof of authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
36 Amendment of s 520 (Dissatisfied person) . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Amendment of s 538 (Appeals may be heard with planning appeals) . . . . . 35
38 Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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39 Insertion of new s 549A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
549A When standard environmental conditions must be complied with . . 35
40 Insertion of new s 550A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
550A Effect of changes to standard environmental conditions
(chapter 4 activities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
41 Amendment of s 559 (Investigation of applicant suitability or
disqualifying events) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
42 Insertion of new s 586A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
586A Existing authority becomes an environmental authority
(mining activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43 Amendment of s 587 (Conditions of environmental authority) . . . . . . . . . . 37
44 Amendment of s 592 (Meaning of "transitional authority" for div 4) . . . . . 37
45 Insertion of new ch 13, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 5--TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL
PROTECTION LEGISLATION AMENDMENT ACT 2003
619 Continuing effect of particular environmental authorities . . . . . . . . . 38
620 Additional ground for changing or cancelling development
conditions ................................... 39
621 Administering authority may issue replacement documents . . . . . . . 40
622 Effect of commencement on particular integrated authorities . . . . . . 41
623 Effect of commencement on level 1 approvals for particular
environmentally relevant activities . . . . . . . . . . . . . . . . . . . . . . . . . . 41
624 Effect of commencement on particular approvals . . . . . . . . . . . . . . . 42
625 Effect of commencement on applications for development
approvals for level 2 environmentally relevant activities. . . . . . . . . . 43
626 Effect of commencement on particular applications in progress. . . . 43
627 Effect of commencement on development approval applications
in progress ...................................... 44
628 Effect of commencement on particular actions in progress. . . . . . . . 44
629 Continuing operation of s 594 (Limited application of s 427 for
transitional authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
630 Continuing operation of s 611 (Unfinished applications under
existing Act) ......................................... 45
46 Amendment of sch 1 (Original decisions). . . . . . . . . . . . . . . . . . . . . . . . . . . 45
47 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997
48 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
49 Amendment of s 1.3.5 (Definitions for terms used in "development"). . . . . 49
50 Insertion of new s 3.5.33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
3.5.33A When condition may be changed or cancelled by assessment
manager or concurrence agency .......................... 50
51 Insertion of new ch 3, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 8--APPLYING IDAS TO MOBILE AND TEMPORARY
ENVIRONMENTALLY RELEVANT ACTIVITIES
3.8.1 Mobile and temporary environmentally relevant activities . . . . . . . . 51
52 Amendment of s 4.1.31 (Appeals for matters arising after approval
given (no co-respondents)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
53 Amendment of s 4.3.2 (Self-assessable development must comply with
codes) ............................................. 52
54 Amendment of sch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
55 Amendment of sch 8A (Assessment manager for development applications) 55
56 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 57
MINOR AMENDMENTS OF ENVIRONMENTAL PROTECTION
ACT 1994
2003
A BILL
FOR
An Act to amend the Environmental Protection Act 1994, and for other
purposes
s1 6 s4
Environmental Protection Legislation Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Environmental Protection Legislation 4
Amendment Act 2003. 5
2 Commencement
Clause 6
(1) Sections 42 to 44 commence on assent. 7
(2) The remaining provisions of this Act commence on a day to be fixed 8
by proclamation. 9
PART 2--AMENDMENT OF ENVIRONMENTAL 10
PROTECTION ACT 1994 11
3 Act amended in pt 2 and schedule
Clause 12
This part and the schedule amend the Environmental Protection Act 13
1994. 14
4 Amendment of ch 4 (Development approvals and environmental 15
authorities other than for mining activities)
Clause 16
Chapter 4, from heading for chapter to heading for part 3, division 2-- 17
omit, insert-- 18
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`CHAPTER 4--DEVELOPMENT APPROVALS AND 1
REGISTRATION (OTHER THAN FOR MINING OR 2
PETROLEUM ACTIVITIES) 3
`PART 1--ASSESSING DEVELOPMENT 4
APPLICATIONS 5
`73 Application of pt 1 6
`This part applies if the administering authority is the assessment 7
manager or a referral agency for a development application for a chapter 4 8
activity. 9
`73A Assessing development applications 10
`(1) In assessing the application, the administering authority-- 11
(a) must comply with any relevant EPP requirement; and 12
(b) subject to paragraph (a), must consider the following-- 13
(i) the standard criteria; 14
(ii) any additional information given in relation to the 15
application. 16
`(2) This section does not limit the Integrated Planning Act, 17
section 3.3.151 or chapter 3, part 5, division 22 of that Act. 18
`(3) If the application is an application for an increase in the scale or 19
intensity of a chapter 4 activity, the administering authority must assess the 20
application having regard to-- 21
(a) the proposed activity; and 22
(b) the existing activity; and 23
(c) the total likely or potential environmental harm the proposed 24
activity and the existing activity, may cause. 25
1 Integrated Planning Act, section 3.3.15 (Referral agency assesses application)
2 Integrated Planning Act, chapter 3 (Integrated development assessment system
(IDAS)), part 5 (Decision stage), division 2 (Assessment process)
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1
Example of how application is assessed--
2
If a chapter 4 activity is carried out on premises and a development application is made
3
because of a proposed intensification of the activity, the application is assessed on the
4
basis of the activity, including the intensification.
`73B Conditions of development approval that may and must be 5
imposed 6
`(1) Subject to the Integrated Planning Act, section 3.5.30,3 the 7
administering authority may impose the conditions on the development 8
approval it considers are necessary or desirable. 9
`(2) The conditions must include any condition the authority is required 10
to impose under an EPP requirement. 11
`(3) Without limiting subsections (1) and (2), the conditions may-- 12
(a) require all or any of the following-- 13
(i) stated plant or equipment to be installed and operated in a 14
stated way within a stated period; 15
(ii) stated measures be taken to minimise the likelihood of 16
environmental harm being caused; 17
(iii) carrying out and reporting on a stated monitoring program; 18
(iv) the preparation and carrying out of an environmental 19
management program; 20
(v) the giving of relevant information reasonably required by 21
the administering authority for the administration or 22
enforcement of this Act; 23
(vi) the carrying out or reporting about stated rehabilitation or 24
remediation work relating to the chapter 4 activity the 25
subject of the development approval; or 26
(b) prohibit the changing, replacing or operating of any plant or 27
equipment associated with the activity if the change, replacement 28
or operation increases, or is likely to substantially increase, the 29
risk of environmental harm; or 30
3 Integrated Planning Act, section 3.5.30 (Conditions must be relevant or reasonable)
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(c) include a condition under section 3644 requiring the giving of 1
financial assurance. 2
`(4) A condition may be imposed even if it imposes an obligation that 3
continues to apply after the activity stops. 4
5
Example for subsection (4)--
6
A condition may--
7
1. Be about rehabilitation of the land to which the development approval relates after
8
the activity has ended; or
9
2. Require a site management plan for the land.
`73C Adding, changing or cancelling a development condition 10
`(1) The administering authority may add, change or cancel a 11
development condition of a development approval if it considers the 12
addition, change or cancellation is necessary or desirable because of-- 13
(a) a contravention of this Act or an environmental offence 14
committed by the registered operator; or 15
(b) the development approval or registration certificate was issued 16
because of a materially false or misleading representation or 17
declaration, made either orally or in writing; or 18
(c) the development approval was issued on the basis of a 19
miscalculation of-- 20
(i) the quantity or quality of contaminant authorised to be 21
released into the environment; or 22
(ii) the effects of the release of a quantity or quality of 23
contaminant authorised to be released into the environment; 24
or 25
(d) a change in the way in which, or the place where, contaminants 26
are, or are likely to be, released into the environment; or 27
(e) the approval of an environmental protection policy or the 28
approval of the amendment of an environmental protection 29
policy; or 30
(f) an environmental report; or 31
4 Section 364 (When financial assurance may be required)
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(g) a report made by or for, or approved by, a recognised entity if the 1
report-- 2
(i) is relevant to the development approval or an activity carried 3
out under it; and 4
(ii) if the administering authority is not the chief executive--has 5
been accepted by the chief executive; or 6
(h) another circumstance prescribed under a regulation. 7
`(2) Also, the administering authority may add, change or cancel a 8
development condition of a development approval about financial 9
assurance, monitoring or reporting if it considers the addition, change or 10
cancellation is necessary or desirable because a person has applied to be 11
the registered operator for the development approval. 12
`(3) The process stated in the Integrated Planning Act, section 3.5.33A 13
for changing or cancelling a condition applies for adding, changing or 14
cancelling a condition under this section. 15
`(4) If the administering authority adds, changes or cancels a condition, 16
it must-- 17
(a) within 10 business days, record the particulars of the addition, 18
change or cancellation in the appropriate register; and 19
(b) if the condition relates to a mobile and temporary 20
environmentally relevant activity--give notice of the addition, 21
change or cancellation to the registered operator for the 22
development approval. 23
`(5) A notice stating the administering authority has decided to add, 24
change or cancel a condition is taken to be a notice to which the Integrated 25
Planning Act, section 4.1.31(1)(b)5 applies. 26
5 Integrated Planning Act 1997, section 4.1.31 (Appeals for matters arising after
approval given (no co-respondents))
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`PART 2--REGISTRATION 1
`73D Application for registration to carry out chapter 4 activity 2
`(1) A person may apply to be a registered operator to carry out 1 or 3
more chapter 4 activities. 4
`(2) The application must-- 5
(a) be made to the administering authority in the approved form; and 6
(b) be accompanied by the fee prescribed under a regulation. 7
`(3) The applicant may withdraw the application at any time before the 8
application is decided. 9
`73E Grounds for refusing application for registration 10
`The administering authority may refuse the application if the authority 11
is satisfied-- 12
(a) the applicant is not a suitable person to be a registered operator 13
having regard to the applicant's environmental record; or 14
(b) for an applicant that is not a corporation, a disqualifying event 15
has happened in relation to the applicant or another person of 16
whom the applicant is a partner; or 17
(c) for an applicant that is a corporation, a disqualifying event has 18
happened in relation to-- 19
(i) any of the corporation's executive officers; or 20
(ii) another corporation of which any of the corporation's 21
executive officers are, or have been, an executive officer. 22
`73F Registration certificates 23
`(1) If the administering authority decides to grant the application, the 24
authority must give the applicant a certificate (a "registration certificate") 25
for the activities applied for within-- 26
(a) if the authority requests a suitability report about the 27
applicant--20 business days after receiving the application; or 28
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(b) if the authority does not request a suitability report about the 1
applicant--10 business days after receiving the application. 2
`(2) However, if the administering authority is satisfied the activities will 3
not be carried out as a single integrated operation, 2 or more registration 4
certificates may be granted instead of a single registration certificate. 5
`(3) For this section, activities are carried out as a single integrated 6
operation if-- 7
(a) the activities are carried out under the day to day management of 8
a single responsible person, for example, a site or operations 9
manager; and 10
(b) the activities are operationally interrelated; and 11
(c) the integrated operation of the activities leads to a lower risk of 12
environmental harm being caused by the activities; and 13
(d) the activities are, or will be, carried out at 2 or more places at or 14
about the same time, and the places where they are carried out 15
are separated by distances short enough to make feasible the 16
integrated day to day management of the activities. 17
`(4) If-- 18
(a) under subsection (2), the administering authority grants 2 or 19
more registration certificates; and 20
(b) the fee paid by the applicant under section 73D(2)(b) was for a 21
single registration certificate; 22
the applicant must pay the fees for the additional registration certificates. 23
`(5) If the authority decides to refuse the application, the authority must 24
give the applicant an information notice about the decision within-- 25
(a) if the authority requests a suitability report for the 26
application--20 business days of receiving the application; or 27
(b) if the authority does not request a suitability report for the 28
application--10 business days of receiving the application. 29
`(6) A registration certificate authorises the registered operator to carry 30
out the activities stated in the certificate at the place or places stated in the 31
certificate. 32
`(7) If the authority does not act under subsection (1), (2) or (5)-- 33
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(a) the applicant is taken to have been granted a registration 1
certificate for the activities applied for; and 2
(b) the authority must issue the registration certificate as soon as 3
practicable. 4
`73G When registration certificate takes effect 5
`(1) Subject to subsection (2), each registration certificate has effect 6
from-- 7
(a) if the certificate states a day the certificate takes effect--the day 8
stated in the certificate; or 9
(b) if the certificate does not state a day the certificate takes 10
effect--the day the certificate is granted; or 11
(c) if the certificate is taken to have been granted under 12
section 73F(7)--21 business days after the administering 13
authority received the application. 14
`(2) If section 73F(4) applies to an application, none of the registration 15
certificates granted take effect until the fees for the additional registration 16
certificates have been paid. 17
`PART 3--AMENDING REGISTRATION 18
`73H Amending a registration certificate 19
`(1) The administering authority may amend a registration certificate at 20
any time to correct a clerical or formal error if-- 21
(a) the proposed amendment does not adversely affect the interests 22
of the registered operator or anyone else; and 23
(b) written notice of the amendment has been given to the operator. 24
`(2) The administering authority may amend a registration certificate at 25
any time-- 26
(a) if the operator has agreed in writing to the amendment; or 27
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Environmental Protection Legislation Amendment
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(b) to ensure the detail on the certificate is consistent with any code 1
of environmental compliance applying to the activity. 2
`(3) If a registered operator applies for a registration certificate for a new 3
activity and the administering authority is satisfied registration should be 4
granted, the administering authority may, instead of issuing a registration 5
certificate for the activity, amend an existing registration certificate to 6
include the new activity. 7
`(4) If the administering authority amends a registration certificate, it 8
must, within 10 business days-- 9
(a) record particulars of the amendment in the appropriate register; 10
and 11
(b) give the operator a copy of the amended registration certificate. 12
`PART 4--CANCELLING OR SUSPENDING 13
REGISTRATION 14
`73I Cancelling or suspending a registration certificate 15
`The administering authority may cancel or suspend a registration 16
certificate if-- 17
(a) the certificate was issued because of a materially false or 18
misleading representation or declaration, made either orally or in 19
writing; or 20
(b) the registered operator is, after the issue of the registration 21
certificate, convicted of an environmental offence; or 22
(c) the operator has been given an annual notice and the notice has 23
not been complied with. 24
`73J Notice of proposed action 25
`(1) If the administering authority proposes to cancel or suspend a 26
registration certificate, the administering authority must give the registered 27
operator a written notice stating-- 28
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Bill 2003
(a) the action (the "proposed action") the administering authority 1
proposes taking under this part; and 2
(b) the grounds for the proposed action; and 3
(c) the facts and circumstances that are the basis for the grounds; and 4
(d) if the proposed action is to suspend the registration 5
certificate--the proposed suspension period; and 6
(e) that the operator may make, within a stated period, written 7
representations to show why the proposed action should not be 8
taken. 9
`(2) The stated period must end at least 20 business days after the 10
operator is given the proposed action notice. 11
`(3) For subsection (1)(d), the proposed suspension period may be fixed 12
by reference to a stated event. 13
14
Example for subsection (3)--
15
If a ground on which the proposed action is to be taken is that financial assurance
16
required under a condition of the development approval has not been given, the
17
proposed suspension period may be stated as the period ending when the financial
18
assurance is given.
`73K Considering representations 19
`The administering authority must consider any written representation 20
made within the period stated in the notice given under section 73J. 21
`73L Decision on proposed action 22
`(1) If, after complying with section 73K, the administering authority 23
still believes a ground exists to take the proposed action, it may-- 24
(a) if the proposed action was to suspend the registration certificate 25
for a stated period--suspend the registration certificate for no 26
longer than the stated period; or 27
(b) if the proposed action was to cancel the registration certificate-- 28
(i) cancel the registration certificate; or 29
(ii) suspend it for a fixed period. 30
s4 16 s4
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`(2) The decision under subsection (1) is called the "proposed action 1
decision". 2
`(3) If the administering authority at any time decides not to take the 3
proposed action, it must promptly give the registered operator written 4
notice of the decision. 5
`73M Notice of proposed action decision 6
`(1) The administering authority must, within 10 business days after the 7
proposed action decision is made, give the registered operator an 8
information notice about the decision. 9
`(2) The decision takes effect on the later of the following-- 10
(a) the day the notice is given to the registered operator; 11
(b) a later day of effect stated in the notice. 12
`(3) However, if the decision was to cancel or suspend the registration 13
certificate because of the conviction of the operator for an offence, the 14
cancellation or suspension-- 15
(a) does not take effect until-- 16
(i) the period to appeal against the conviction ends; and 17
(ii) if the appeal is made against the conviction--the appeal is 18
finally decided or is otherwise ended; and 19
(b) has no effect if the conviction is quashed on appeal. 20
`73N Steps for cancelling or suspending a registration certificate 21
`(1) This section applies if the proposed action decision is to take action 22
and the decision has taken effect. 23
`(2) The administering authority must, within 10 business days-- 24
(a) take the action; and 25
(b) record particulars of the action in the appropriate register. 26
`(3) If the action is suspension of the registration certificate-- 27
(a) the particulars must state when the suspension period starts and 28
ends; and 29
(b) the suspension ends when the suspension period is stated to end. 30
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`PART 5--SURRENDERING REGISTRATION 1
`73O Surrendering a registration certificate 2
`(1) A registered operator may apply to surrender the operator's 3
registration certificate. 4
`(2) The application must be-- 5
(a) made in the approved form; and 6
(b) given to the administering authority; and 7
(c) accompanied by-- 8
(i) an audit statement advising the extent to which activities 9
carried out under the development approval or the relevant 10
code of environmental compliance have complied with the 11
development conditions of the approval or the standard 12
environmental conditions of the code; and 13
(ii) the fee prescribed under a regulation. 14
`(3) The administering authority must consider the application and, 15
within 20 business days after the application is received by the 16
administering authority, either approve or refuse the surrender. 17
`(4) The administering authority must approve the surrender if the 18
administering authority is satisfied the operator has not started to carry out 19
any activity for which the certificate was granted. 20
`(5) The administering authority must not approve the surrender unless it 21
is satisfied the land on which the activities have been carried out has been, 22
or will be, satisfactorily rehabilitated or suitably managed. 23
`(6) In making a decision under subsection (3), the administering 24
authority must-- 25
(a) comply with any relevant EPP requirement; and 26
(b) subject to paragraph (a), consider the following-- 27
(i) the standard criteria; 28
(ii) the audit statement mentioned in subsection (2)(c)(i); 29
(iii) whether the standard environmental conditions of the code 30
of environmental compliance for the activity, or the 31
s4 18 s4
Environmental Protection Legislation Amendment
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development conditions of the development approval, have 1
been complied with; 2
(iv) any environmental management program for the land; 3
(v) whether or not the land has been removed from the 4
environmental management register or the land has a site 5
management plan approved for it; 6
(vi) whether or not any financial assurance given for the activity 7
should be returned, reduced or retained; 8
(vii) another matter prescribed under an environmental 9
protection policy or a regulation. 10
`73P Steps for surrendering a registration certificate 11
`(1) If the administering authority approves the surrender, the 12
administering authority must, within 10 business days-- 13
(a) record particulars of the surrender in the appropriate register; and 14
(b) give the registered operator notice of the approval. 15
`(2) If the administering authority decides to refuse the surrender, the 16
administering authority must, within 10 business days of deciding to refuse 17
the surrender, give the operator an information notice about the decision to 18
refuse. 19
`PART 6--MISCELLANEOUS 20
`73Q Notice of disposal by registered operator 21
`(1) This section applies if a registered operator proposes to dispose of 22
the operator's business to someone else (the "proposed buyer"). 23
`(2) Before agreeing to dispose of the business, the operator must give 24
the proposed buyer written notice that the proposed buyer must apply for a 25
new registration certificate. 26
Maximum penalty for subsection (2)--50 penalty units. 27
s4 19 s4
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`73R Additional consequences of not giving notice 1
`(1) This section applies if section 73Q applies and the registered 2
operator does not comply with section 73Q(2). 3
`(2) The proposed buyer may, by written notice, rescind the agreement 4
before the completion of the agreement or possession under the agreement, 5
whichever is the earlier. 6
`(3) On the rescission of the agreement-- 7
(a) a person who was paid amounts by the proposed buyer under the 8
agreement must refund the amounts to the proposed buyer; and 9
(b) the proposed buyer must return to the registered operator any 10
documents about the disposal, other than the proposed buyer's 11
copy of the agreement. 12
`(4) This section has effect despite any other Act or anything to the 13
contrary in the agreement. 14
`73S Effect of self-assessable development becoming assessable 15
development 16
`(1) This section applies if a chapter 4 activity that was self-assessable 17
development becomes assessable development because of the repeal of a 18
code of environmental compliance. 19
`(2) From the day the code is repealed, the registration certificate for the 20
activity is taken to also be a development approval for the activity subject 21
to the conditions stated in the repealed code.6' 22
`73T Offences under s 427 do not apply in certain circumstances 23
`(1) This section applies if, because of a change in the law an activity 24
that is being carried out and is not a chapter 4 activity becomes a chapter 4 25
activity. 26
`(2) Section 427 does not apply to the person carrying out the activity 27
until 4 months after the day the activity becomes a chapter 4 activity. 28
6 However, see section 73C (Adding, changing or cancelling a development
condition)
s4 20 s4
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`(3) Also, section 427 does not apply to the person carrying out the 1
activity after the 4 months mentioned in subsection (2) end if, within the 2
4 months-- 3
(a) if the activity is a chapter 4 activity that is subject to a code of 4
environmental compliance--the person applied to be a registered 5
operator for the activity; or 6
(b) if the activity is a chapter 4 activity that is not subject to a code of 7
environmental compliance-- 8
(i) the person applied to be a registered operator for the 9
activity; and 10
(ii) a development application was made for carrying out the 11
activity. 12
`(4) Subsection (3) continues to have effect in relation to the person 13
until-- 14
(a) the application under subsection (3)(a) has been decided; or 15
(b) both applications under subsection (3)(b) have been decided; or 16
(c) the application lapses. 17
`(5) If a development application mentioned in subsection (3) is made, 18
despite the Integrated Planning Act, the applicant must respond to an 19
information request about the application within 3 months after the day the 20
request is made. 21
`(6) If the applicant does not respond to an information request about the 22
application within 3 months after the day the request is made, the 23
application lapses. 24
s4 21 s4
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`CHAPTER 4A--ENVIRONMENTAL AUTHORITIES 1
FOR PETROLEUM ACTIVITIES 2
`PART 1--PRELIMINARY 3
`73U Application of ch 4A 4
`This chapter applies only to environmental authorities for petroleum 5
activities.7 6
`74 Types of environmental authority under ch 4A 7
`The following are the types of environmental authority under this 8
chapter-- 9
(a) a licence for a level 1 environmentally relevant activity 10
(a "licence"); 11
(b) a provisional environmental authority (a "provisional licence") 12
for a level 1 environmentally relevant activity; 13
(c) an approval for a level 2 environmentally relevant activity 14
(a "level 2 approval"); 15
(d) a constituent part of an integrated authority, if the constituent part 16
is an environmental authority mentioned in paragraphs (a) to (c).8 17
7 See also chapter 6 (General provisions about environmental authorities and
registration certificates).
8 See section 315A (Constituent parts continue to be environmental authorities).
s5 22 s7
Environmental Protection Legislation Amendment
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`PART 2--ENVIRONMENTAL AUTHORITY 1
APPLICATIONS 2
`Division 1--Obtaining licence'. 3
5 Amendment of s 87 (Operation of sdiv 1)
Clause 4
Section 87, `(without development approval)'-- 5
omit. 6
6 Replacement of s 106 (Term of environmental authority)
Clause 7
Section 106-- 8
omit, insert-- 9
`106 Term of environmental authority 10
`(1) A licence continues in force unless it is-- 11
(a) surrendered under part 4, division 3;9 or 12
(b) suspended under part 5;10 or 13
(c) cancelled under part 5. 14
`(2) A level 2 approval continues in force for the period stated in it 15
unless it is earlier-- 16
(a) surrendered under part 4, division 3; or 17
(b) suspended under part 5; or 18
(c) cancelled under part 5. 19
7 Omission of ch 4, pt 4 (Conversion of licence to level 1 approval)
Clause 20
Chapter 4, part 4 (as it was before the commencement of section 4)-- 21
omit. 22
9 Part 4 (Dealings with environmental authorities), division 3 (Surrenders)
10 Part 5 (Amendment, cancellation or suspension of environmental authorities by
administering authority)
s8 23 s 13
Environmental Protection Legislation Amendment
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8 Amendment of s 119 (Public notice may be required for 1
amendment of licence (without development approval))
Clause 2
Section 119, `(without development approval)'-- 3
omit. 4
9 Amendment of s 120 (Public notice process)
Clause 5
Section 120(1), `(without development approval)'-- 6
omit. 7
10 Amendment of s 128J (When surrender application required)
Clause 8
Section 128J(2) and (3)-- 9
omit. 10
11 Amendment of s 130 (Other amendments)
Clause 11
(1) Section 130(2)(h)-- 12
omit. 13
(2) Section 130(3), definition "recognised entity"-- 14
relocate to schedule 3. 15
(3) Section 130(3)-- 16
omit. 17
12 Amendment of s 131 (Conditions)
Clause 18
Section 131(2) and (3)(b)-- 19
omit. 20
13 Amendment of s 135 (Decision on proposed action)
Clause 21
Section 135(1)(c)(iii) and (iv)-- 22
omit. 23
s 14 24 s 17
Environmental Protection Legislation Amendment
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14 Omission of s 145 (Death of environmental authority holder)
Clause 1
Section 145-- 2
omit. 3
15 Omission of ch 5, pt 13, div 5
Clause 4
Chapter 5, part 13, division 5-- 5
omit. 6
16 Amendment of ch 6, hdg (General provisions about 7
environmental authorities)
Clause 8
Chapter 6, heading after `AUTHORITIES'-- 9
insert-- 10
`AND REGISTRATION CERTIFICATES'. 11
17 Replacement of s 316 (Annual fee and return)
Clause 12
Section 316-- 13
omit, insert-- 14
`316 Annual fee and return 15
`(1) This section applies for-- 16
(a) a registration certificate for which an annual fee is prescribed 17
under a regulation; or 18
(b) an environmental authority for a mining or petroleum activity for 19
which an annual fee is prescribed under a regulation. 20
`(2) At least 20 business days before each anniversary day for the 21
registration certificate or environmental authority, the administering 22
authority must give the registered operator or environmental authority 23
holder a written notice (an "annual notice"). 24
`(3) An annual notice must state-- 25
(a) whether or not the administering authority requires the operator 26
or holder to lodge an annual return in the approved form; and 27
s 18 25 s 19
Environmental Protection Legislation Amendment
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(b) that the operator or holder must pay the authority the appropriate 1
annual fee, other than in a circumstance prescribed under a 2
regulation for this paragraph; and 3
(c) that if the operator or holder does not comply with the notice, the 4
registration certificate or environmental authority may be 5
cancelled or suspended.11 6
`(4) The operator or holder must comply with the notice. 7
`(5) If the operator or holder does not pay the annual fee within the time 8
stated for payment in the annual notice, the administering authority may 9
recover it as a debt.'. 10
18 Omission of s 318 (Effect of Integrated Planning Act, s 6.1.44)
Clause 11
Section 318-- 12
omit. 13
19 Replacement of ss 318A and 318B
Clause 14
Sections 318A and 318B-- 15
omit, insert-- 16
`318A Changing anniversary day 17
`(1) Subsection (2) applies for-- 18
(a) the registered operator for a registration certificate for which an 19
annual fee is prescribed under a regulation; or 20
(b) the holder of an environmental authority for a mining or 21
petroleum activity for which an annual fee is prescribed under a 22
regulation. 23
`(2) The operator or holder may apply to the administering authority to 24
change the anniversary day for the registration certificate or environmental 25
authority to another day of each year (the "new day").12 26
11 See sections 73I (Cancelling or suspending a registration certificate),
131 (Conditions) and 293 (Conditions).
12 See however, section 618 (Section 318A does not apply for transitional authority).
s 19 26 s 19
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`(3) The application must be in the approved form and accompanied by 1
the fee prescribed under a regulation. 2
`(4) The administering authority must, within 20 business days after the 3
application is made, decide whether or not to change the anniversary day to 4
the new day. 5
`(5) The administering authority must, within 10 business days after the 6
decision is made, give the operator or holder-- 7
(a) if the decision is to change the day--written notice of the 8
decision; or 9
(b) if the decision is not to change the day--an information notice 10
about the decision. 11
`(6) A decision under subsection (4) to change the anniversary day takes 12
effect on the later of the following days-- 13
(a) the day the operator or holder is given notice of the decision; 14
(b) a later day of effect stated in the notice. 15
`(7) The administering authority may, if the operator or the holder agrees 16
in writing, change the anniversary day for the registration certificate or 17
environmental authority to another day of each year (also the "new day"). 18
`(8) However, despite subsections (1) to (7), if the environmental 19
authority is a constituent part of an integrated authority, the anniversary day 20
may be changed only if the anniversary day for all constituent parts of the 21
integrated authority is changed to the new day. 22
`318B Special provisions for changeover in anniversary day 23
`(1) If the anniversary day for a registration certificate or an 24
environmental authority is changed under section 318A-- 25
(a) the period from its last anniversary day before the change to its 26
first anniversary day after the change (an "interim year") is 27
taken to be a year for the registration certificate or environmental 28
authority; and 29
(b) the administering authority's obligation under section 316(2) to 30
give an annual notice does not apply for the first anniversary day 31
after the change. 32
s 20 27 s 23
Environmental Protection Legislation Amendment
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`(2) A different form may be approved under section 316(3)(a) for an 1
annual return for an interim year than for other years. 2
`318C Death of environmental authority holder or registered operator 3
`If the holder of an environmental authority or a registered operator dies, 4
the personal representative of the holder or operator's estate is taken to be 5
the holder of the environmental authority or the registered operator.'. 6
20 Amendment of s 320 (Duty to notify environmental harm)
Clause 7
Section 320(2)-- 8
insert-- 9
`(ea) a standard environmental condition of a code of environmental 10
compliance for a chapter 4 activity; or'. 11
21 Amendment of s 326 (Administering authority to consider and act 12
on environmental reports)
Clause 13
Section 326(2)(c)-- 14
omit, insert-- 15
`(c) if the recipient is a registered operator for a development 16
approval--under section 73C, add, change or cancel a 17
development condition of the development approval;'. 18
22 Amendment of s 332 (Administering authority may require draft 19
program)
Clause 20
Section 332(2)-- 21
insert-- 22
`(ca) that a standard environmental condition of a code of 23
environmental compliance for a chapter 4 activity is, or has been, 24
contravened by the person or public authority; or'. 25
23 Amendment of s 346 (Effect of compliance with program)
Clause 26
(1) Section 346(2)(a) and (3)(a), `, other than a level 1 approval,'-- 27
s 24 28 s 25
Environmental Protection Legislation Amendment
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omit. 1
(2) Section 346(2)-- 2
insert-- 3
`(ba)a standard environmental condition of a code of environmental 4
compliance for a chapter 4 activity; or'. 5
(3) Section 346(3)-- 6
insert-- 7
`(aa) a standard environmental condition of a code of environmental 8
compliance for a chapter 4 activity; or 9
(ab) a development condition of a development approval; or'. 10
24 Amendment of s 358 (When order may be issued)
Clause 11
Section 358(d)-- 12
insert-- 13
`(iva)a standard environmental condition of a code of environmental 14
compliance for a chapter 4 activity; or'. 15
25 Amendment of s 364 (When financial assurance may be required)
Clause 16
(1) Section 364-- 17
insert-- 18
`(1A) Also, the administering authority may, as a development condition 19
for a level 1, chapter 4 activity, require the person who is, or has applied to 20
be, the registered operator for the activity to give the administering 21
authority financial assurance as security for-- 22
(a) compliance with the development approval and any development 23
conditions; and 24
(b) costs or expenses, or likely costs or expenses, mentioned in 25
section 367.'. 26
(2) Section 364(2)-- 27
insert-- 28
`(c) for a development approval for a level 1, chapter 4 activity-- 29
s 26 29 s 27
Environmental Protection Legislation Amendment
Bill 2003
(i) the degree of risk of environmental harm being caused, or 1
that might reasonably be expected to be caused, by the 2
activity carried out, or to be carried out, under the approval; 3
and 4
(ii) the likelihood of action being required to rehabilitate or 5
restore and protect the environment because of 6
environmental harm being caused by the activity; and 7
(iii) the environmental record of the registered operator.'. 8
26 Amendment of s 367 (Claims on financial assurances)
Clause 9
(1) Section 367(1)(a), from `authority'-- 10
omit, insert-- 11
`authority, an environmental management program approval or a 12
development approval for which financial assurance has been given; or'. 13
(2) Section 367(1)(c)-- 14
omit, insert-- 15
`(c) secure compliance with an environmental authority, 16
environmental management program, site management plan, 17
development approval or any conditions of the authority, 18
program, plan or approval, for which financial assurance has 19
been given.'. 20
(3) Section 367(3), `authority or approval holder'-- 21
omit, insert-- 22
`person who gave the financial assurance'. 23
(4) Section 367(7), `holder'-- 24
omit, insert-- 25
`person'. 26
(5) Section 367(8), definition, "holder"-- 27
omit. 28
27 Replacement of ss 426 and 427
Clause 29
Sections 426 and 427-- 30
s 27 30 s 27
Environmental Protection Legislation Amendment
Bill 2003
omit, insert-- 1
`426 Environmental authority required for mining or petroleum 2
activity 3
`(1) A person must not carry out a mining or petroleum activity that is a 4
level 1 environmentally relevant activity unless the person holds, or is 5
acting under-- 6
(a) if the activity is a mining activity--a non-standard environmental 7
authority (mining activities); or 8
(b) if the activity is a petroleum activity--a licence. 9
Maximum penalty--400 penalty units. 10
`(2) A person must not carry out a mining or petroleum activity that is a 11
level 2 environmentally relevant activity unless the person holds, or is 12
acting under-- 13
(a) if the activity is a mining activity--a standard environmental 14
authority (mining activities); or 15
(b) if the activity is a petroleum activity--a level 2 approval. 16
Maximum penalty--165 penalty units. 17
`(3) This section is subject to section 140.13 18
`427 Only registered operators may carry out chapter 4 activities 19
`(1) A person must not carry out a level 1 chapter 4 activity, unless the 20
person is a registered operator for the activity or is acting under a 21
registration certificate for the activity. 22
Maximum penalty--400 penalty units. 23
`(2) A person must not carry out a level 2 chapter 4 activity, unless the 24
person is a registered operator for the activity or is acting under a 25
registration certificate for the activity. 26
Maximum penalty--165 penalty units. 27
`(3) This section is subject to section 73T.'. 28
13 Section 140 (Environmental authorities for new environmentally relevant activities)
s 28 31 s 29
Environmental Protection Legislation Amendment
Bill 2003
28 Amendment of s 429 (Special provisions for interstate 1
transporters of controlled waste)
Clause 2
Section 429(1), all words to `waste if --'-- 3
omit, insert-- 4
`(1) If a person is carrying out the interstate transportation of controlled 5
waste, section 427 does not apply to the person, and the person does not 6
require a development approval for carrying out the activity, if--'. 7
29 Insertion of ss 435A and 435B
Clause 8
Chapter 8, part 2, after section 435-- 9
insert-- 10
`435A Offence to contravene standard environmental conditions 11
`(1) A person carrying out a chapter 4 activity, that is subject to a code of 12
environmental compliance, must not wilfully contravene a standard 13
environmental condition of the code. 14
Maximum penalty--2 000 penalty units or 2 years imprisonment. 15
`(2) A person carrying out a chapter 4 activity, that is subject to a code of 16
environmental compliance, must not contravene a standard environmental 17
condition of the code. 18
Maximum penalty--1 665 penalty units. 19
`(3) In a proceeding for an offence against subsection (1), if the court is 20
not satisfied the defendant is guilty of the offence charged but is satisfied 21
the defendant is guilty of an offence against subsection (2), the court may 22
find the defendant guilty of the offence against subsection (2). 23
`435B Registered operator responsible for ensuring conditions 24
complied with 25
`(1) Each registered operator must ensure everyone acting under the 26
operator's registration certificate complies with-- 27
(a) the development conditions of the development approval for the 28
activity; or 29
(b) the standard environmental conditions of the code of 30
environmental compliance for the activity. 31
s 30 32 s 31
Environmental Protection Legislation Amendment
Bill 2003
`(2) If a person acting under the registration certificate commits an 1
offence against section 435 or 435A, the registered operator also commits 2
an offence, namely, the offence of failing to ensure the person complies 3
with the conditions. 4
Maximum penalty--the penalty under section 435(1) or (2) or 5
section 435A(1) or (2) for the contravention of the conditions. 6
`(3) Evidence that the person has been convicted of an offence against 7
section 435 or 435A while acting under the registration certificate is 8
evidence that the registered operator committed the offence of failing to 9
ensure the person complies with the conditions. 10
`(4) However, it is a defence for the registered operator to prove-- 11
(a) the registered operator issued appropriate instructions and used 12
all reasonable precautions to ensure compliance with the 13
conditions; and 14
(b) the offence was committed without the operator's knowledge; 15
and 16
(c) the operator could not by the exercise of reasonable diligence 17
have stopped the commission of the offence.'. 18
30 Amendment of s 436 (Unlawful environmental harm)
Clause 19
Section 436(1)-- 20
insert-- 21
`(ea) a standard environmental condition of a code of environmental 22
compliance for a chapter 4 activity; or'. 23
31 Insertion of new s 444A
Clause 24
Chapter 8, part 4, after section 444-- 25
insert-- 26
`444A Offence not to notify chapter 4 activity has stopped 27
`If a registered operator in relation to a chapter 4 activity stops carrying 28
out the activity, the operator must, within 20 business days, give the 29
administering authority a written notice advising the activity has stopped. 30
Maximum penalty--50 penalty units.'. 31
s 32 33 s 33
Environmental Protection Legislation Amendment
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32 Amendment of s 452 (Entry of place--general)
Clause 1
Section 452(1)(c)-- 2
omit, insert-- 3
`(c) it is a place to which an environmental authority relates and the 4
entry is made when-- 5
(i) the mining or petroleum activity to which the authority 6
relates is being carried out; or 7
(ii) the place is open for conduct of business; or 8
(iii) the place is otherwise open for entry; or 9
(ca) it is a place to which a registration certificate, a development 10
approval subject to a development condition or a code of 11
environmental compliance relates and the entry is made when-- 12
(i) the chapter 4 activity to which the certificate, approval or 13
code relates is being carried out; or 14
(ii) the place is open for conduct of business; or 15
(iii) the place is otherwise open for entry; or'. 16
33 Amendment of s 458 (Order to enter land to conduct investigation 17
or conduct work)
Clause 18
(1) Section 458(1)(a)(i), after `environmental authority,'-- 19
insert-- 20
`registration certificate,'. 21
(2) Section 458(1)(a)(iii)-- 22
omit, insert-- 23
`(iii) secure compliance with-- 24
(A) an environmental authority, environmental 25
management program, site management plan or any 26
conditions of the authority, program or plan; or 27
(B) development conditions of a development approval; or 28
(C) standard environmental conditions of a code of 29
environmental compliance for a chapter 4 activity; or'. 30
s 34 34 s 36
Environmental Protection Legislation Amendment
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(3) Section 458(2)(c)-- 1
insert-- 2
`(iii) the registered operator.'. 3
34 Amendment of s 490 (Evidentiary provisions)
Clause 4
(1) Section 490(5)(a), (b) and (c), `requirement'-- 5
omit, insert-- 6
`requirement, registration certificate'. 7
(2) Section 490(5)(d), `authority'-- 8
omit, insert-- 9
`authority or registration certificate'. 10
35 Amendment of s 499 (Proof of authority)
Clause 11
Section 499, `authority'-- 12
omit, insert-- 13
`authority or registration certificate'. 14
36 Amendment of s 520 (Dissatisfied person)
Clause 15
(1) Section 520(1)-- 16
insert-- 17
`(ba)if the decision is about a registration certificate-- 18
(i) the applicant for the certificate; or 19
(ii) the holder of the certificate; or'. 20
(2) Section 520(1)-- 21
insert-- 22
`(t) if the decision is about issuing replacement documents under 23
section 621--the person who was the holder of the 24
environmental authority.'. 25
s 37 35 s 39
Environmental Protection Legislation Amendment
Bill 2003
37 Amendment of s 538 (Appeals may be heard with planning 1
appeals)
Clause 2
(1) Section 538(1)(a), from `grant'-- 3
omit, insert-- 4
`grant a registration certificate; and'. 5
(2) Section 538(1)(b), from `the subject of'-- 6
omit, insert-- 7
`to which the certificate or the application for the certificate relates.'. 8
38 Amendment of s 540 (Required registers)
Clause 9
Section 540(1)-- 10
insert-- 11
`(ca) in relation to chapter 4, the following---- 12
(i) registration certificates; 13
(ii) surrenders of registration certificates; 14
(iii) reports the administering authority accepts under 15
section 73C(1)(g)(ii);'. 16
39 Insertion of new s 549A
Clause 17
After section 549-- 18
insert-- 19
`549A When standard environmental conditions must be complied 20
with 21
`(1) This section applies if the Minister, under section 549(2), approves 22
standard environmental conditions for carrying out a chapter 4 activity. 23
`(2) If there is a difference between a development condition applying 24
for the activity before the approval and a standard environmental condition 25
for the activity, the standard environmental condition prevails to the extent 26
of the difference. 27
`(3) However, for a person who was, immediately before the approval 28
under section 549(2) was given, lawfully carrying out the activity, 29
s 40 36 s 42
Environmental Protection Legislation Amendment
Bill 2003
section 435A does not apply until 1 year after the standard environmental 1
conditions for the activity were approved.14'. 2
40 Insertion of new s 550A
Clause 3
Chapter 12, part 1, after section 550-- 4
insert-- 5
`550A Effect of changes to standard environmental conditions 6
(chapter 4 activities) 7
`(1) This section applies if a change is approved to a standard 8
environmental condition applying to a chapter 4 activity for which there is 9
a code of environmental compliance. 10
`(2) The changed conditions do not apply until 1 year after the day the 11
change is approved.15'. 12
41 Amendment of s 559 (Investigation of applicant suitability or 13
disqualifying events)
Clause 14
Section 559(1)-- 15
insert-- 16
`(aa) the person is a suitable person to be, or continue to be, a 17
registered operator; or'. 18
42 Insertion of new s 586A
Clause 19
After section 586-- 20
insert-- 21
`586A Existing authority becomes an environmental authority 22
(mining activities) 23
`(1) This section applies if, on 1 January 2001-- 24
14 Under section 333 (Voluntary submission of draft program), a registered operator
could apply for an environmental management program within 1 year.
15 Under section 333 (Voluntary submission of draft program), a registered operator
could apply for an environmental management program within 1 year.
s 43 37 s 45
Environmental Protection Legislation Amendment
Bill 2003
(a) an environmental authority had been issued; and 1
(b) the authority was for, or included, a mining activity; and 2
(c) the authority could not take effect until a mining tenement was 3
granted. 4
`(2) From the day the tenement was or is granted, the authority is taken 5
to be an environmental authority (mining activities). 6
`(3) Chapter 516 applies to the authority, subject to division 4.'. 7
43 Amendment of s 587 (Conditions of environmental authority)
Clause 8
Section 587(1), `after `586'-- 9
insert-- 10
`or 586A'. 11
44 Amendment of s 592 (Meaning of "transitional authority" for 12
div 4)
Clause 13
Section 592(1)(a), after `586'-- 14
insert-- 15
`or 586A'. 16
45 Insertion of new ch 13, pt 5
Clause 17
After section 618-- 18
insert-- 19
16 Chapter 5 (Environmental authorities for mining activities)
s 45 38 s 45
Environmental Protection Legislation Amendment
Bill 2003
`PART 5--TRANSITIONAL PROVISIONS FOR 1
ENVIRONMENTAL PROTECTION LEGISLATION 2
AMENDMENT ACT 2003 3
`619 Continuing effect of particular environmental authorities 4
`(1) Subsection (2) applies for an environmental authority for a chapter 4 5
activity, if-- 6
(a) the authority is in force immediately before the commencement 7
of this section; and 8
(b) there is no development approval for the activity. 9
`(2) From the commencement-- 10
(a) the authority has effect as if it were a registration certificate for 11
the activity; and 12
(b) the authority has effect as if the holder of the authority were the 13
registered operator for the activity; and 14
(c) the authority has effect as if it were-- 15
(i) if the activity would, after the commencement, be a mobile 16
and temporary activity--a development approval for a 17
material change of use under the Integrated Planning Act, 18
schedule 8, part 1, table 5, item 3; or 19
(ii) in any other case--a development approval for a material 20
change of use under the Integrated Planning Act, schedule 21
8, part 1, table 2, item 1; and 22
(d) any condition of the authority, has effect as if it were a 23
development condition of the development approval; and 24
(e) if the authority is a provisional licence, or is for a level 2, 25
chapter 4 activity and was granted for a stated period--the 26
authority has effect only until the end of the period for which the 27
authority would have had effect if the Environmental Protection 28
Legislation Amendment Act 2003 had not been enacted. 29
`(3) Subsection (4) applies for an environmental authority for a chapter 4 30
activity, if-- 31
(a) the authority is in force immediately before the commencement 32
of this section; and 33
s 45 39 s 45
Environmental Protection Legislation Amendment
Bill 2003
(b) there is a development approval for the activity. 1
`(4) From the commencement-- 2
(a) the development approval continues to have effect; and 3
(b) the authority has effect as if it were a registration certificate for 4
the activity; and 5
(c) the authority has effect as if the holder of the authority were the 6
registered operator for the activity; and 7
(d) any condition of the authority, has effect as if it were a 8
development condition of the development approval. 9
`620 Additional ground for changing or cancelling development 10
conditions 11
`(1) This section applies to a condition of an environmental authority 12
given continuing effect under section 619(2)(d) or (4)(d). 13
`(2) The administering authority for the environmental authority may 14
change or cancel the condition if-- 15
(a) the change or cancellation is necessary because the condition is 16
no longer appropriate as a development condition of a 17
development approval for the activity; or 18
(b) the condition needs to be changed or cancelled so that the 19
administering authority, in applying section 619, can accurately 20
and reliably identify the conditions of the development approval; 21
or 22
(c) the conditions are otherwise unclear, uncertain or contradictory. 23
`(3) However, the administering must not act under subsection (2) if the 24
change to or cancellation of the condition adversely affects the interests of 25
the registered operator for the activity. 26
`(4) If the condition is changed it must in substance reflect the intent of 27
the condition as included in the environmental authority as it existed before 28
section 619 commenced. 29
`(5) If the administering authority changes or cancels a condition, it must 30
within 10 business days-- 31
(a) record the particulars of the change or cancellation in the 32
appropriate register; and 33
s 45 40 s 45
Environmental Protection Legislation Amendment
Bill 2003
(b) give the registered operator-- 1
(i) a copy of the development conditions as applying after the 2
change or cancellation; and 3
(ii) a registration certificate. 4
`621 Administering authority may issue replacement documents 5
`(1) The administering authority may, for an activity being carried out 6
under an environmental authority mentioned in section 619(1), give to the 7
person carrying out the activity-- 8
(a) if the activity was carried out at 1 location--a development 9
approval for the location; or 10
(b) if the activity was carried out at more than 1 location and is not a 11
mobile and temporary environmentally relevant activity--a 12
development approval for each location; or 13
(c) if the activity is a mobile and temporary environmentally relevant 14
activity--a development approval for a mobile and temporary 15
environmentally relevant activity. 16
`(2) If the person carrying out the activity does not have a registration 17
certificate for the activity, the administering authority may also give the 18
person a registration certificate for the activity. 19
`(3) The development approval must contain the same details about the 20
activity and conditions for carrying out the activity as were contained in the 21
authority. 22
`(4) If the administering authority acts under subsection (1) or 23
subsections (1) and (2), the administering authority must give the person 24
carrying out the activity an information notice about the administering 25
authority's decision to give the approval or approval and certificate. 26
`(5) The approval or approval and certificate have effect and the 27
environmental authority is cancelled-- 28
(a) if there is no appeal against the administering authority's 29
decision under subsection (4)--from the day after the appeal 30
period expires; or 31
(b) if there is an appeal against the administering authority's 32
decision under subsection (4)--from the day after the appeal is 33
finally decided or is otherwise ended. 34
s 45 41 s 45
Environmental Protection Legislation Amendment
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`622 Effect of commencement on particular integrated authorities 1
`(1) Subsection (2) applies to an environmental authority mentioned in 2
section 619 if, on the commencement of this section-- 3
(a) the environmental authority is a constituent part of an integrated 4
authority; and 5
(b) another constituent part of the integrated authority is an 6
environmental authority for a mining or petroleum activity. 7
`(2) On the commencement, the environmental authority mentioned in 8
subsection (1)(a)-- 9
(a) other than for section 316(2) to (4), ceases to be a constituent part 10
of the integrated authority; and 11
(b) has the same anniversary day as the integrated authority.17 12
`(3) The administering authority must record particulars of the cessation 13
in the appropriate register. 14
`(4) For section 316(2) to (4), the environmental authority is taken to still 15
be a constituent part of the integrated authority while the same person is the 16
holder of all authorities forming constituent parts of the integrated 17
authority. 18
`(5) Subsection (6) applies if, on the commencement of this section-- 19
(a) an environmental authority mentioned in section 619 is a 20
constituent part of an integrated authority; and 21
(b) another constituent part of the integrated authority is also an 22
environmental authority mentioned in section 619. 23
`(6) On the commencement, each environmental authority having effect 24
under section 619 as a registration certificate is taken to be a single 25
registration certificate for the 1 registered operator. 26
`623 Effect of commencement on level 1 approvals for particular 27
environmentally relevant activities 28
`(1) Subsection (2) applies to a level 1 approval, for a level 1 chapter 4 29
activity that, under section 619 is taken to be a registration certificate. 30
17 However, see section 318A (Changing anniversary day).
s 45 42 s 45
Environmental Protection Legislation Amendment
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`(2) Section 316 does not apply to the registration certificate unless the 1
administering authority gives the registered operator a notice stating the 2
administering authority is satisfied the risk of environmental harm from 3
carrying out the activity is no longer insignificant. 4
`(3) In this section-- 5
"level 1 approval" means a level 1 approval immediately before the 6
commencement of the Environmental Protection Legislation 7
Amendment Act 2003. 8
`624 Effect of commencement on particular approvals 9
`(1) This section applies for a person who was the operator of, and was 10
carrying out, a level 2 chapter 4 activity under-- 11
(a) a development approval in force immediately before the 12
commencement of this section; or 13
(b) an approval mentioned in the repealed Environmental Protection 14
(Interim) Regulation 1995, section 63 or 65, in force immediately 15
before the commencement of this section. 16
`(2) From the commencement, the person is, for 1 year after the 17
commencement, taken to be the registered operator for the activity, and-- 18
(a) for an approval mentioned in subsection (1)(a)--the approval, 19
and any conditions of the approval, continue to have effect; or 20
(b) for an approval mentioned in subsection (1)(b)--the approval, 21
and any conditions of the approval, continue to have effect until 22
the person stops carrying out the activity. 23
`(3) The person must, within 1 year of the commencement, give the 24
administering authority the same details the person would have to give the 25
administering authority if the person were applying for a registration 26
certificate. 27
`(4) If the person complies with subsection (3), the administering 28
authority must give the person a registration certificate. 29
s 45 43 s 45
Environmental Protection Legislation Amendment
Bill 2003
`625 Effect of commencement on applications for development 1
approvals for level 2 environmentally relevant activities 2
`(1) Subsection (2) applies for an application for a development approval 3
for a level 2 chapter 4 activity that had not lapsed immediately before the 4
commencement of this section. 5
`(2) Before carrying out the activity under the development approval, the 6
person who proposes to carry out the activity must obtain a registration 7
certificate. 8
`626 Effect of commencement on particular applications in progress 9
`(1) This section applies to-- 10
(a) an application for an environmental authority for a chapter 4 11
activity not decided before the commencement of this section, 12
including an application mentioned in section 611; or 13
(b) an application to amend, surrender or transfer an environmental 14
authority for a chapter 4 activity not decided before the 15
commencement of this section. 16
`(2) From the commencement-- 17
(a) processing of the application and all matters incidental to the 18
processing must proceed as if the Environmental Protection 19
Legislation Amendment Act 2003 had not been enacted; and 20
(b) any environmental authority granted, amended or transferred is 21
taken to be an environmental authority to which section 619 22
applies. 23
`(3) However, subsection (4) applies for an application mentioned in 24
subsection (1) if-- 25
(a) the administering authority, by written notice, asks the applicant 26
to give the administering authority a stated document or 27
information relevant to the application; and 28
(b) the applicant does not give the document or information to the 29
administering authority within the time stated in the request or 30
such other time the administering authority agrees to in writing. 31
`(4) The application lapses at the end of the time stated in the request or 32
agreed to. 33
s 45 44 s 45
Environmental Protection Legislation Amendment
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`627 Effect of commencement on development approval applications 1
in progress 2
`(1) Subsection (2) applies if an application for a development approval, 3
or for an amendment of a development condition of a development 4
approval, for a chapter 4 activity, has not been decided and has not lapsed, 5
immediately before the commencement of this section. 6
`(2) From the commencement, processing of the application and all 7
matters incidental to the processing must proceed as if the Environmental 8
Protection Legislation Amendment Act 2003 had not been enacted. 9
`628 Effect of commencement on particular actions in progress 10
`(1) This section applies for an environmental authority mentioned in 11
section 619. 12
`(2) Subsection (3) applies if, immediately before the commencement of 13
this section, all action, that could have been taken under this Act in relation 14
to a notice given under section 133 or 135 about the amendment, 15
suspension or cancellation of the environmental authority, had not been 16
taken. 17
`(3) From the commencement, any action that had not been taken before 18
the commencement may be taken under this Act, as amended by the 19
Environmental Protection Legislation Amendment Act 2003, with necessary 20
changes. 21
`(4) Subsection (5) applies if, immediately before the commencement of 22
this section the environmental authority, remained suspended. 23
`(5) From the commencement, the environmental authority, taken under 24
section 619 to be a registration certificate, remains suspended for the period 25
the environmental authority would have been suspended but for the 26
commencement of the Environmental Protection Legislation Amendment 27
Act 2003. 28
`629 Continuing operation of s 594 (Limited application of s 427 for 29
transitional authority) 30
`Section 594 continues to have effect after the commencement of the 31
Environmental Protection Legislation Amendment Act 2003, section 27, as 32
if section 27 had not commenced. 33
s 46 45 s 46
Environmental Protection Legislation Amendment
Bill 2003
`630 Continuing operation of s 611 (Unfinished applications under 1
existing Act) 2
`References to provisions of this Act in section 611 continue to operate 3
as if the Environmental Protection Legislation Amendment Act 2003 had 4
not been enacted.'. 5
46 Amendment of sch 1 (Original decisions)
Clause 6
(1) Schedule 1, part 2, division 1, heading-- 7
omit, insert-- 8
`Division 1B--Decisions under chapter 4 9
`Section Description of decision
73F(2) Refusal to grant a single registration certificate
73F(5) Refusal to grant an application for registration
73L Decision to cancel or suspend registration
73O(3) Decision to refuse surrender of registration certificate
`Division 1C--Decisions under chapter 4A'. 10
(2) Schedule 1, part 2, entries for sections 83 and 85(1)-- 11
omit. 12
(3) Schedule 1, part 2, entries for sections 110 and 112(3)-- 13
omit. 14
(4) Schedule 1, part 2, entry for section 318A(3)-- 15
omit, insert-- 16
`318A(4) Decision not to change anniversary day'.
(5) Schedule 1, part 2, division 6-- 17
s 47 46 s 47
Environmental Protection Legislation Amendment
Bill 2003
insert-- 1
`621(4) Decision to give registration certificate and development
approval
623(2) Decision to give a notice that the risk of environmental
harm from carrying out a chapter 4 activity under an
environmental authority is no longer insignificant'.
47 Amendment of sch 3 (Dictionary)
Clause 2
(1) Schedule 3, definitions "anniversary day", "approval", "conversion 3
application", "level 1 approval", "level 1 approval (with development 4
approval)", "level 1 approval (without development approval)", "level 2 5
approval", "licence", "licence (with development approval)", "licence 6
(without development approval)", "proposed action", "proposed action 7
decision", "provisional licence", "schedule 8 development" and "standard 8
environmental conditions"-- 9
omit. 10
(2) Schedule 3-- 11
insert-- 12
` "anniversary day"-- 13
"Anniversary day", for an environmental authority-- 14
1. Generally, the "anniversary day" for an environmental authority 15
means each anniversary of the day the authority is issued.18 16
2. However, if an environmental authority is a constituent part of an 17
integrated authority, the "anniversary day" for the environmental 18
authority is the day fixed under section 314(4)(b). 19
3. Also, if the anniversary day for an environmental authority is 20
changed under section 318A, the "anniversary day" for the 21
authority is the day as changed. 22
4. The anniversary day for an environmental authority does not 23
change merely because the authority is amended or transferred. 24
"Anniversary day", for a registration certificate-- 25
18 See, however, section 602 (Anniversary day for certain transitional authorities).
s 47 47 s 47
Environmental Protection Legislation Amendment
Bill 2003
1. Generally, the "anniversary day" for a registration certificate 1
means each anniversary of the day the certificate took effect. 2
2. However, if the anniversary day for a registration certificate is 3
changed under section 318A, the "anniversary day" for the 4
certificate is the day as changed. 5
3. Also, if the registration certificate is issued for a continuing 6
chapter 4 activity, the "anniversary day" for the certificate is the 7
"anniversary day" for the previous registration certificate for the 8
activity. 9
4. The anniversary day for a registration certificate does not change 10
merely because the certificate is amended. 11
"approval" means an approval under chapter 4A to carry out a level 2 12
environmentally relevant activity. 13
"business days", other than for chapter 3, part 1, does not include a day 14
between 26 December and 1 January of the following year. 15
"chapter 4 activity" means an environmentally relevant activity, other 16
than a mining activity or a petroleum activity. 17
"level 2 approval" see section 74(c). 18
"licence" means a licence under section 74(a), including a provisional 19
licence. 20
"mobile and temporary environmentally relevant activity" means a 21
chapter 4 activity, other than a activity that is dredging material, 22
extracting rock or other material, or the incinerating of waste-- 23
(a) carried out at various premises using transportable plant or 24
equipment, including a vehicle; and 25
(b) that does not result in the building of any permanent structures or 26
any physical change of the landform at the premises (other than 27
minor alterations solely necessary for access and setup including, 28
for example, access ways, footings and temporary storage areas); 29
and 30
(c) carried out at 1 location and-- 31
(i) for less than 28 days in a calendar year but, other than for 32
regulated waste transport, for not more than 6 times in a 33
calendar year; or 34
s 47 48 s 47
Environmental Protection Legislation Amendment
Bill 2003
(ii) the activity is necessarily associated with, and is exclusively 1
used in the construction or demolition phase of a project. 2
"petroleum activity" means an environmentally relevant activity that is 3
carried out-- 4
(a) on land the subject of any of the following authorities granted or 5
issued under the Petroleum Act 1923-- 6
(i) a prospecting petroleum permit; 7
(ii) an authority to prospect; 8
(iii) a petroleum lease; 9
(iv) a pipeline licence; and 10
(b) under the authority. 11
"proposed action"-- 12
(a) for chapter 4, part 4--see section 73J(1)(a); or 13
(b) for chapter 4A, part 5, division 2--see section 133(1)(a); or 14
(c) for chapter 5, part 12, division 2--see section 295(1)(a). 15
"proposed action decision"-- 16
(a) for chapter 4, part 4--see section 73L(2); or 17
(b) for chapter 4A, part 5, division 2--see 135(2); or 18
(c) for chapter 5--see section 297(2). 19
"provisional licence" see section 74(b). 20
"registered operator" means the holder of a registration certificate, for a 21
chapter 4 activity, issued under section 73F and in force. 22
"registration certificate" see section 73F. 23
"self-assessable development" means self-assessable development as 24
defined under the Integrated Planning Act. 25
"standard environmental conditions", for an environmental authority or 26
a chapter 4 activity, means the standard environmental conditions 27
approved for the authority or activity under section 549.'. 28
(3) Schedule 3, definition "standard criteria", paragraph (g)-- 29
insert-- 30
`(v) a development approval; and'. 31
s 48 49 s 49
Environmental Protection Legislation Amendment
Bill 2003
PART 3--AMENDMENT OF INTEGRATED PLANNING 1
ACT 1997 2
48 Act amended in pt 3
Clause 3
This part amends the Integrated Planning Act 1997. 4
49 Amendment of s 1.3.5 (Definitions for terms used in 5
"development")
Clause 6
Section 1.3.5, definition "material change of use"-- 7
omit, insert-- 8
` "material change of use", of premises, means-- 9
(a) generally-- 10
(i) the start of a new use of the premises; or 11
(ii) the re-establishment on the premises of a use that has been 12
abandoned; or 13
(iii) a material change in the intensity or scale of the use of the 14
premises; or 15
(b) for administering IDAS under the Environmental Protection Act 16
1994 for environmentally relevant activities (other than for a 17
mining activity, a petroleum activity or a mobile and temporary 18
environmentally relevant activity)-- 19
(i) the start of a new environmentally relevant activity on the 20
premises; or 21
(ii) an increase in the threshold of an environmentally relevant 22
activity on the premises; or 23
(iii) the re-establishment on the premises of an environmentally 24
relevant activity that has been abandoned; or 25
(iv) a material change in the intensity or scale of an 26
environmentally relevant activity on the premises.'. 27
s 50 50 s 50
Environmental Protection Legislation Amendment
Bill 2003
50 Insertion of new s 3.5.33A
Clause 1
After section 3.5.33-- 2
insert-- 3
`3.5.33A When condition may be changed or cancelled by assessment 4
manager or concurrence agency 5
`(1) This section applies for a development condition under another Act 6
if, under the other Act, `development condition' is defined with reference to 7
a development approval. 8
`(2) However, if under the other Act an entity is authorised to change or 9
cancel conditions of a development approval in a different way, the other 10
Act prevails to the extent of any inconsistency with this section. 11
`(3) The development condition may be changed or cancelled by-- 12
(a) if the condition was imposed as a concurrence agency 13
condition--the entity that was the concurrence agency; or 14
(b) if the condition was imposed by an assessment manager--the 15
entity that was the assessment manager; or 16
(c) if paragraph (a) or (b) does not apply--the entity that has 17
jurisdiction for the condition. 18
`(4) However, the condition may be changed or cancelled only on a 19
ground mentioned in the other Act.19 20
`(5) The change or cancellation may be made without the consent of the 21
owner of the land to which the approval attaches and any occupier of the 22
land. 23
`(6) Section 3.5.30 applies to the changed condition. 24
`(7) If the entity is satisfied it is necessary to change or cancel the 25
condition, the entity must give written notice to the owner of the land to 26
which the approval attaches and any occupier of the land. 27
`(8) The notice must state-- 28
(a) the proposed change or cancellation and the reasons for the 29
change or cancellation; and 30
19 See, for example, the Environmental Protection Act 1994, section 73C.
s 51 51 s 51
Environmental Protection Legislation Amendment
Bill 2003
(b) that each person to whom the notice is given may make a written 1
submission to the entity about the proposed change or 2
cancellation; and 3
(c) the time, which must be at least 15 business days after the notice 4
is given to the holder, within which the submission may be made. 5
`(9) After considering any submissions, the entity must give to each 6
person to whom the notice was given-- 7
(a) if the entity is not satisfied the change or cancellation is 8
necessary--written notice stating it has decided not to change or 9
cancel the condition; or 10
(b) if the entity is satisfied the change or cancellation is 11
necessary--written notice stating it has decided to change or 12
cancel the condition, and include details of the changed 13
conditions or cancellation. 14
`(10) If the entity was a concurrence agency, the entity must also give the 15
entity that was the assessment manager written notice of the change or 16
cancellation. 17
`(11) The changed condition or cancellation takes effect from the day the 18
notice is given to the owner of the land.'. 19
51 Insertion of new ch 3, pt 8
Clause 20
After section 3.7.8-- 21
insert-- 22
`PART 8--APPLYING IDAS TO MOBILE AND 23
TEMPORARY ENVIRONMENTALLY RELEVANT 24
ACTIVITIES 25
`3.8.1 Mobile and temporary environmentally relevant activities 26
`(1) For administering IDAS under the Environmental Protection Act 27
1994, a mobile and temporary environmentally relevant activity is taken to 28
be development. 29
`(2) For applying IDAS to assessable development mentioned in 30
schedule 8, part 1, table 5, item 3, the following changes to IDAS apply-- 31
s 52 52 s 54
Environmental Protection Legislation Amendment
Bill 2003
(a) a description of the land and the consent of the owner of the land 1
is not a mandatory part of the approved form; and 2
(b) the development approval does not attach to land; and 3
(c) the development approval applies for the activity wherever it is 4
carried out; and 5
(d) the development approval applies to and binds any person 6
carrying out the activity under the approval.'. 7
52 Amendment of s 4.1.31 (Appeals for matters arising after 8
approval given (no co-respondents))
Clause 9
Section 4.1.31(1)(b), after `section'-- 10
insert-- 11
`3.5.33A(9)(b) or'. 12
53 Amendment of s 4.3.2 (Self-assessable development must comply 13
with codes)
Clause 14
Section 4.3.2-- 15
insert-- 16
`(2) Subsection (1) does not apply to a contravention of a standard 17
environmental condition of a code of environmental compliance under the 18
Environmental Protection Act 1994.'. 19
54 Amendment of sch 8
Clause 20
(1) Schedule 8, part 1, table 2, item 1-- 21
omit, insert-- 22
`For an environmentally relevant activitya
1 Making a material change of use of premises for an environmentally
relevant activity (other than a mining activity or petroleum activity) for
which a code of environmental compliance has not been made under the
Environmental Protection Regulation 1998.'.
a Table 2, item 1 originally commenced 1 July 1998, and subsequently amended
s 54 53 s 54
Environmental Protection Legislation Amendment
Bill 2003
(2) Schedule 8, part 1, table 2-- 1
insert-- 2
`Contaminated land management
5 Making a material change of use of premises if all or part of the land
forming part of the premises is on the environmental management register
or contaminated land register under the Environmental Protection Act
1994, unless--
(a) a suitability statement has been given and a site management
plan has been approved for the land for the intended use and
the application only involves--
(i) the fit-out of a building on the land; or
(ii) minor site excavation, including, for example, post
holes for open-sided non-habitable structures; or
(b) there is currently a notifiable activity on the land and the
activity is continuing; or
(c) the proposed use is industrial and only involves minor site
excavation, including, for example, post holes for open-sided
non-habitable structures; or
(d) the land is used for a mining activity or petroleum activity.
s 54 54 s 54
Environmental Protection Legislation Amendment
Bill 2003
6 Making a material change of use of premises if all or part of the land
forming part of the premises is used for, or if there is no existing use was
last used for--
(a) a notifiable activity; or
(b) an industrial activity (other than for a mining activity or
petroleum activity), and the proposed use is for child care,
educational, recreational or residential purposes, including a
caretaker residence on industrial land;
unless for paragraph (a)--
(c) a suitability statement, removing the land from the
environmental management register, has been given under the
Environmental Protection Act 1994 for the existing use, or if
there is no existing use, the last use, and the following both
apply--
(i) no new notifiable activity has occurred on the land since
the suitability statement was issued;
(ii) the land is not otherwise contaminated by a hazardous
contaminant; or
(d) a suitability statement has been given, and a site management
plan has been approved, for the land for the intended use, and
the application involves only--
(i) the fit-out of a building on the land; or
(ii) minor site excavation, including, for example, post
holes for open-sided non-habitable structures; or
(e) the land is used for a mining activity or petroleum activity.
7 Making a material change of use of premises if all or part of the premises
is in an area for which an area management advice has been given for
natural mineralisation or industrial activity (other than for a mining
activity or petroleum activity), and the proposed use is for child care,
educational, recreational or residential purposes, including a caretaker
residence on industrial land.'.
(3) Schedule 8, part 1, table 5-- 1
insert-- 2
`For an environmentally relevant activity
3 A mobile and temporary environmentally relevant activity for which a code
of environmental compliance has not been made under the Environmental
Protection Regulation 1998.'.
(4) Schedule 8, part 2-- 3
s 55 55 s 56
Environmental Protection Legislation Amendment
Bill 2003
insert-- 1
`Table 5: Various aspects of development
For an environmentally relevant activity
1 An environmentally relevant activity (other than a mining activity or
petroleum activity), for which a code of environmental compliance has been
made under the Environmental Protection Regulation 1998.'.
55 Amendment of sch 8A (Assessment manager for development 2
applications)
Clause 3
Schedule 8A, table 3-- 4
insert-- 5
`Contaminated land management
8 If tables 1 and 2 do not apply and the application Chief executive
is for-- administering the
Environmental
(a) assessable development under Protection Act 1994'.
schedule 8, part 1, table 2, item 5, 6
or 7; and
(b) no other assessable development.
56 Amendment of sch 10 (Dictionary)
Clause 6
Schedule 10-- 7
insert-- 8
` "environmentally relevant activity" see the Environmental Protection 9
Act 1994, section 18. 10
"hazardous contaminant" see the Environmental Protection Act 1994, 11
schedule 3. 12
"mining activity"-- 13
1. "Mining activity" see the Environmental Protection Act 1994, 14
section 147. 15
2. "Mining activity" includes an activity, circumstance, or matter 16
provided for under, or to which, a special agreement Act applies 17
s 56 56 s 56
Environmental Protection Legislation Amendment
Bill 2003
and carried out on a mining tenement under the Mineral 1
Resources Act 1989. 2
"mobile and temporary environmentally relevant activity" see the 3
Environmental Protection Act 1994, schedule 3. 4
"notifiable activity" see the Environmental Protection Act 1994, 5
schedule 3. 6
"petroleum activity" see the Environmental Protection Act 1994, 7
schedule 3. 8
"site management plan" see the Environmental Protection Act 1994, 9
schedule 3. 10
"special agreement Act" see the Environmental Protection Act 1994, 11
section 614(2). 12
"suitability statement" see the Environmental Protection Act 1994, 13
schedule 3.'. 14
57
Environmental Protection Legislation Amendment
Bill 2003
SCHEDULE 1
MINOR AMENDMENTS OF ENVIRONMENTAL 2
PROTECTION ACT 1994 3
section 3 4
1 Section 38(2)(h), `section 6'-- 5
omit, insert-- 6
`section 320'. 7
2 Chapter 4, part 3, division 3, heading, `3' (as it was before the 8
commencement of this schedule)-- 9
omit, insert-- 10
`2'. 11
3 Section 99, heading, `3'-- 12
omit, insert-- 13
`2'. 14
4 Chapter 4, part 3, division 4, heading, `4' (as it was before the 15
commencement of this schedule)-- 16
omit, insert-- 17
`3'. 18
20 Local Government (Aboriginal Lands) Act 1978, section 3 (Grand of leases to
councils)
58
Environmental Protection Legislation Amendment
Bill 2003
SCHEDULE (continued)
5 Section 105, heading, `3'-- 1
omit, insert-- 2
`2'. 3
6 Chapter 4, part 5, heading, `5' (as it was before the 4
commencement of this schedule)-- 5
omit, insert-- 6
`3'. 7
7 Section 117, heading, `5'-- 8
omit, insert-- 9
`3'. 10
8 Section 122(2), `3 or 4'-- 11
omit, insert-- 12
`2'. 13
9 Chapter 4, part 6, heading, `6' (as it was before the 14
commencement of this schedule)-- 15
omit, insert-- 16
`4'. 17
10 Section 128C(2), `5'-- 18
omit, insert-- 19
`3'. 20
59
Environmental Protection Legislation Amendment
Bill 2003
SCHEDULE (continued)
11 Chapter 4, part 7, heading, `7' (as it was before the 1
commencement of this schedule)-- 2
omit, insert-- 3
`5'. 4
12 Chapter 4, pt 8, heading `8' (as it was before the commencement 5
of this schedule)-- 6
omit, insert-- 7
`6'. 8
13 Section 140(2), `Sections 426 and 427 do'-- 9
omit, insert-- 10
`Section 426 does'. 11
14 Sections 311(3) and (4)(b), 312(3), 315A(2), 315B(1), 315D(5), 12
520(1)(c) and 540(1)(d), `chapter 4'-- 13
omit, insert-- 14
`chapter 4A'. 15
15 Section 332(1)(a), `, other than a level 1 approval'-- 16
omit. 17
16 Sections 364(1) and (2)(a) and 365(1), `1 or'-- 18
omit. 19
17 Section 366(1)(b)-- 20
omit. 21
60
Environmental Protection Legislation Amendment
Bill 2003
SCHEDULE (continued)
18 Section 366(6), from `must' to `decide'-- 1
omit, insert-- 2
`must decide'. 3
19 Chapter 8, part 2, heading, `and development approvals'-- 4
omit. 5
20 Section 430(2), penalty, paragraph (a), `, a level 1 approval'-- 6
omit. 7
21 Section 430(3), penalty, paragraph (a), `, a level 1 approval'-- 8
omit. 9
22 Chapter 8, part 2, division 4, heading-- 10
omit, insert-- 11
`PART 2A--OFFENCES RELATING TO CONDITIONS'. 12
23 Section 520(2)(a), `chapter 4, part 3, division 2'-- 13
omit, insert-- 14
`chapter 4A, part 2, division 1'. 15
24 Section 520(2)(b), `chapter 4, part 5'-- 16
omit, insert-- 17
`chapter 4A, part 3'. 18
25 Section 617(1)(b)(ii), `as defined in section 75'-- 19
omit. 20
61
Environmental Protection Legislation Amendment
Bill 2003
SCHEDULE (continued)
26 Schedule 3, definitions "amendment application", "applicants", 1
"application notice", "correction", "environmental authority", 2
"person", "properly made submission", "proposed transferee", 3
"public notice requirement", "submission period", "surrender 4
application", "surrender notice" and "transfer application", 5
`chapter 4'-- 6
omit, insert-- 7
`chapter 4A'. 8
� State of Queensland 2003
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