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1
Environmental Legislation Amendment
ENVIRONMENTAL LEGISLATION
AMENDMENT BILL 1995
EXPLANATORY NOTES
This is a Bill to amend legislation about the environment and other
purposes.
Objectives of the Legislation
The policy objectives of this legislation are to:
correct drafting errors, clarify the interpretation of a number of
provisions and to amend where necessary, the legislation to
accord with modern drafting practice.
These policy objectives will be achieved by:
correcting in the Environmental Protection Act 1994 a number of
drafting errors pertaining to cross references and definition and
clarifying the interpretation of other provisions; and
inserting a standard clause in the Marine Parks Act 1982 to take
account of decisions of the Courts concerning the charging of
fees; and
clarifying the interpretation of a number of sections of the Nature
Conservation Act 1992 and overcoming minor operational
deficiencies; and
clarifying the interpretation of a number of sections of the
Queensland Heritage Act 1992 and removing impediments to the
reappointment of members to the Heritage Council; and
inserting a standard clause in the Recreation Areas Management
Act 1988 to take account of decision of the Courts concerning the
charging of fees; and
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Environmental Legislation Amendment
clarifying the interpretation of a number of sections of the Wet
Tropics World Heritage Protection and Management Act 1993
including the publication an consultation provisions necessary for
the preparation of the Wet Tropics Management Plan and
ensuring consistency with other portfolio legislation.
Such amendments are reasonable and appropriate in accordance with the
policy objectives. There are no significant administrative costs to
Government resulting from these amendments.
The proposed amendments are consistent with fundamental legislative
principles.
External consultation is not required for this legislation as the
amendments are minor.
The Act contains the following provisions:
PART 1--PRELIMINARY
Clause 1 states that the short title of this legislation is the Environmental
Legislation Amendment Act 1995.
PART 2--AMENDMENT OF ENVIRONMENTAL
PROTECTION ACT 1994
Clause 2 states that this Part amends the Environmental Protection Act
1994.
Clause 3 provides a correction of a cross referencing error and simply
replaces the words "paragraph (a)" with "subparagraph (i)".
Clause 4 substitutes the definition of "environmental authority" in this
section with the definition of "interstate environmental authority". This
clarifies the meaning of interstate environmental authority.
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Environmental Legislation Amendment
Clause 5 mirrors the amendment in clause 4.
Clause 6 corrects a cross referencing error and simply replaces
"s.103(1)" with "s.104(1)".
Clauses 7 & 8 clarify the distinction between the powers of authorised
persons and the powers of police officers in relation to the abatement of
noise.
Clause 9 (1) & (2) corrects the cross referencing errors in the definition
of "approval" and "noise abatement direction".
Clause 9(3) insert new definitions of "engaging" and "interstate
environmental authority" . These new definitions clarify the application
of certain aspects of the Act.
PART 3--AMENDMENT OF MARINE PARKS ACT
1982
Clause 10 states that this Part amends the Marine Parks Act 1982.
Clause 11 inserts a standard clause relating to the meaning of "fee" to
include "tax".
PART 4--AMENDMENT OF NATURE
CONSERVATION ACT 1992
Clause 12 states that this Part amends the Nature Conservation Act 1992.
Clause 13 clarifies the interpretation of Section 35(1) to make it clear that
the references to a regulation can only be construed as a regulation made for
the purpose of this section, and not a reference to the Nature Conservation
Regulation 1994 or any other regulation.
Clause 14 clarifies the interpretation of Section 37(2) to make it clear that
the reference to a regulation can only be construed as a regulation made for
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Environmental Legislation Amendment
the purposes of this section, and not a reference to the Nature Conservation
Regulation 1994 or any other regulation.
Clause 15 clarifies the matters that provision may be made for under a
Conservation Plan. The provision makes it clear that a Conservation Plan
may create offences and penalties and provides controls on development of
land identified in the Conservation Plan.
Clause 16 clarifies the position of section 123 relating to Local
Government decisions concerning developments on, and use of, land
identified in a Conservation Plan.
Clause 17 provides for amendments of a minor nature to be made to a
Conservation Plan without the need for further consultation.
PART 5--AMENDMENT OF QUEENSLAND
HERITAGE ACT 1992
Clause 18 states that this Part amends the Queensland Heritage Act
1992.
Clause 19 inserts a definition of "aesthetic significance" and a new
definition of "cultural heritage significance" to overcome ambiguities in
interpretation.
Clause 20 omits the restriction on members of the Heritage Council
serving only two terms. This will allow the knowledge and expertise of
existing members to continue to be utilised.
Clause 21 clarifies the interpretation of the criterion for entry on the
Heritage Register relating to aesthetic significance.
Clause 22, in accordance with current drafting practice, decisions of the
Governor in Council which were previously made by an Order in Council
will be made as regulation.
Clause 23 allows for the omission of a section not required because of
other amendments made in this Act and the consequent changing of the
section numbers affected by these amendments.
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Environmental Legislation Amendment
PART 6--AMENDMENT OF RECREATION AREAS
MANAGEMENT ACT 1988
Clause 24 states that this Part amends the Recreation Areas Management
Act 1988.
Clause 25 inserts a standard clause relating to the meaning of "fee" to
include "tax".
PART 7--AMENDMENT OF WET TROPICS WORLD
HERITAGE PROTECTION AND MANAGEMENT
ACT 1993
Clause 26 states that this Part amends the Wet Tropics World Heritage
Protection and Management Act 1993.
Clause 27 allows a management plan to make provision for any matter
allowed to be made by regulation. It also provides that a regulatory impact
statement under the Statutory Instruments Act 1992 is not required for the
first management plan for the Wet Tropics Area.
Clause 28 clarifies the procedure for the approval by the Governor in
Council of a final management plan and ensures that the plan does not have
effect until it is approved by Governor in Council. It also provides that a
final management plan is subordinate legislation.
Clause 29 deletes the general penalty provision for breaching a
management plan. This section is no longer required because this Act
allows a management plan to provide penalty provisions.
Clause 30 provides for amendments of a minor nature to be made to a
management plan.
© The State of Queensland 1995