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Environmental Legislation Amendment (No. 2)
ENVIRONMENTAL LEGISLATION
AMENDMENT BILL (NO. 2) 1995
EXPLANATORY NOTE
Policy objectives and reasons for it
The objective of this Bill, is to transfer the legislative responsibility for
waste management from the Health Act 1937 to the Environmental
Protection Act 1994. This would then make the Department of
Environment and Heritage the lead agency for waste in Queensland in line
with the recommendation of the Queensland Public Sector Management
Commission (PSMC).
The other objectives of this Bill include amendments to the Wet Tropics
World Heritage Protection and Management Act 1993 so that the Wet
Tropics Management Authority will have the ability to delegate decision
making powers to other state agencies and local governments. This
amendment will assist in placing the Wet Tropics Plan in line with the
principles of the Integrated Development Approval System (IDAS).
The amendments to the Sewerage and Water Supply Act 1949 will
address the issues raised in the Criminal Justice Commission inquiry into
the improper disposal of liquid waste in South East Queensland. The
proposed increase in penalties to a maximum of 1000 penalty units for a
prohibited discharge into the sewerage or stormwater systems will prevent
such actions becoming a means for circumventing environmental protection
legislation. Included in these amendments will be an increase in the
maximum penalties allowed in the Sewerage and Water Supply Laws under
this Act from 40 penalty units to 165 penalty units.
Way in which policy objective is achieved
The Bill includes amendments to the Health Act 1937 repealing those
sections that relate to waste management and transferring the intent of some
of those sections into the Environmental Protection Act 1994
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Environmental Legislation Amendment (No. 2)
Part of this waste management legislation transfer will include a later
repealing of the Refuse Management Regulation 1983 and the Sanitary
Conveniences and Nightsoil Disposal Regulation 1976 and simultaneously
amending and transferring these regulations to become subordinate
legislation under the Environmental Protection Act 1994
Amendments to the Wet Tropics World Heritage Protection and
Management Act 1993 will provide the Wet Tropics Management Authority
with the ability to delegate decision making to other state agencies and local
government.
Amendments to the Sewerage and Water Supply Act 1949 will increase
the penalties for illegal discharges into the sewerage and stormwater
systems.
Alternatives to the Bill
The amendments to the Health Act 1937 and the Environmental
Protection Act 1994 will transfer the responsibility for waste management
from Queensland Health (QH) to the Department of Environment and
Heritage (DEH). The Bill in relation to waste management will be for an
interim period until the Environmental Protection Policy (EPP) for Waste is
developed. This policy is anticipated to be completed by 1 January 1997.
This Bill will achieve the recommendation of the PSMC to transfer the
responsibility for waste from QH to DEH. The alternative would be to wait
until the EPP for Waste is implemented and then repeal the relevant sections
of the Health Act 1937. This alternative would mean that two State
Government departments would be duplicating approvals and licences for
waste activities until then.
The policy objectives in relation to the Wet Tropics World Heritage
Protection and Management Act 1993 and the Sewerage and Water Supply
Act 1949 can only be achieved by statutory amendments.
Administrative cost to government
There will be an increase in administrative costs to the government as
waste activities managed under the Environmental Protection Act 1994 will
be environmentally relevant activities. As QH have no funds available to
accompany the transfer of responsibility, funding arragements will need to
be made before the Act is given effect.
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Environmental Legislation Amendment (No. 2)
The proposed amendments to the Wet Tropics World Heritage
Protection and Management Act 1993 will bring about long term cost
savings by using established approval systems.
The proposed amendments to the Sewerage and Water Supply Act 1949
will increase penalties for illegal discharges to the sewerage and stormwater
systems. There are no increases in administrative costs to the government.
Consistency with fundamental legislative principles
The Bill is consistent with fundamental legislative principles. However,
the transfer of the intent of some of the relevant sections of the Health Act
1937 to the Environmental Protection Act 1994 may not be fully in
accordance with fundamental legislative principles. This transfer for the
responsibility of waste management was agreed to by state and local
government for an interim period only, pending the EPP for Waste being
completed.
Consultation
Consultation was carried out with the Department of Housing Local
Government and Planning (DHLG&P), Office of the Cabinet, Queensland
Health, Queensland Treasury (National Competition Policy Unit), Office of
Major Projects, Local Government Association of Queensland and some
Queensland local governments, industry and Brisbane City Council in
relation to the amendments to the Health Act 1937 and the Environmental
Protection Act 1994.
DHLG&P was consulted on the proposed amendment to the Wet
Tropics World Heritage Protection and Management Act 1993.
The Office of the Cabinet, Department of Primary Industries, DHLG&P
and Brisbane City Council were consulted on the proposed amendments to
the Sewerage and Water Supply Act 1949.
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Environmental Legislation Amendment (No. 2)
PART 1--PRELIMINARY
1. This Act will be entitled the Environmental Legislation Amendment
Act (No.2) 1995.
2. This Act will commence by proclamation on a day to be determined.
PART 2--AMENDMENT OF ENVIRONMENTAL
PROTECTION ACT 1994
3. Part 2 of this Bill amends the Environmental Protection Act 1994.
4. This new definition of "waste" is warranted. This new definition is
required in light of a recent court case where the defendants successfully
argued that the material alleged to be illegally stored on their property was
not a waste.
5. Clause 118A(1)(a) This clause allows the State Government the ability
to when required to direct local government to carry out the listed works.
Clause 118A(1)(b) The local government when served with a notice from
the chief executive must provide a place, containers or equipment for
depositing or disposing of waste.
Clause 118(2) The notice must state whether the works be carried out for
all or part of the local government area that the relevant local government is
responsible for.
Clause 118(3) The notice may state the method of disposal of waste.
Clause 118(4) The notice may apply for a defined time period or without
a time limit.
Clause 118(5) The local government when served with a notice under
this clause must comply with the notice.
Clause 118B(1)(a) A person must not carry out any waste management
works in a local government area unless they have a written contract with
the local government.
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Environmental Legislation Amendment (No. 2)
Clause 118B(1)(b) A person must not carry out any waste management
works in a local government area unless they have written approval from
the local government.
Clause 118B(2) An application for an approval to carry out waste
management works in a local government area must be made to the relevant
local government in the approved form.
Clause 118B(3) A local government must promptly consider any
application to carry out waste management works.
Clause 118B(4) Where a local government fails to make a decision on an
application within 60 days, then the failure to make a decision is then taken
to be a refusal. Such refusal is an original decision under Schedule 1 of the
Environmental Protection Act 1994 and is subject to Part 3--Review of
Decisions and Appeals of this Act.
Clause 118B(5) The local government in granting approval for a person
to perform waste management works may impose conditions as part of the
approval.
Clause 118B(6)(a)(b)(c) A local government that has issued a written
approval to a person to perform waste management works, may by written
notice revoke the approval to perform such waste management works. The
local government may impose conditions or vary the conditions on the
approval after it has been granted.
Clause 118B(7) A local government in serving a notice to a holder of an
approval to revoke it, impose stated conditions or vary the conditions of an
approval, must detail in the notice the reasons for such action.
Clause 118B(8) A local government that has issued an approval under
clause 118(B) can only revoke this approval when the person to whom the
approval was issued, fails to comply with the conditions of the approval.
6. Clause 200(1) Any person who has made an application under clause
118B of this Act and is not satisfied with the decision is a dissatisfied
person under clause 200(1) of the Act.
7. Clause 220(2)(h) The intent of clause 99A of the Health Act is
included in this clause to provide a head of power for the making of
regulations in relation to the removal, collection, transport, deposit, storage
or disposal of waste.
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Environmental Legislation Amendment (No. 2)
8. Clause 233A(1) Any order issued under clause 95 of the Health Act
1937 is an order issued under clause 118A of the Environmental Protection
Act 1994.
Clause 233A(2) Any approval given under clause 98A of the Health Act
1937 is an approval issued under clause 118B of the Environmental
Protection Act 1994.
Clause 233A(3) Clause 233A(1)(2)(3) expires the day after it
commences.
9. Clause 234 By inserting "other than clause 233A" into this clause
means that clause 233A expires the day after it commences, but the
remainder of Division 5 of the Environmental Protection Act will not expire
until the first applicable day.
10. Schedule 1 Any decision made under clauses 118B(3), 118B(5) and
(6) will be original decisions under the Environmental Protection Act 1994.
11. Schedule 4 A definition of "sanitary convenience" and "waste
management works" is required as they do not exist in the Environmental
Protection Act 1994.
PART 3--AMENDMENT OF HEALTH ACT 1937
12. Part 3 of this Bill amends the Health Act 1937.
13. Clause 5 Omits the definitions of "disposal" and "nightsoil" from
clause 5 of the Health Act 1937.
14. Part 3 Division 13 The words "sanitary provisions" are removed
from this heading.
15. Clauses 95-99A These clauses of the Health Act are to be repealed, as
the intent of some of these clauses will be transferred to the Environmental
Protection Act 1994 to effect the transfer of the responsibility for waste
from Queensland Health to the Department of Environment and Heritage.
16. Clause 183A(I) This clause validates an order served under section 95
of the Health Act for the Brisbane City Council to maintain the hazardous
industrial facility at Willawong.
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Environmental Legislation Amendment (No. 2)
183A(2) The order has taken effect from 23 December 1982.
183A(3) This clause expires the day it commences.
PART 4--AMENDMENT OF WET TROPICS WORLD
HERITAGE PROTECTION AND MANAGEMENT
ACT 1993
17. This part of the Bill will amend the Wet Tropics World Heritage
Protection and Management Act 1993.
18. Clause 35(1) This amendment will expand the Wet Tropics
Management Authority's ability to delegate decision making powers to
other state agencies and local government for activities occurring within the
Wet Tropics Area, within the principles of the Integrated Development
Approval System.
PART 5--AMENDMENT OF SEWERAGE AND
WATER SUPPLY ACT 1949
19. This part of the bill amends the Sewerage and Water Supply Act
1949.
20. Clause 5(3)(c) This amendment increases the penalty units from 40
penalty units to 165 penalty units.
21. Clause 6(3)(c) This amendment increases the penalty units from 40
penalty units to 165 penalty units.
22. Clause 16(1) This amendment will increase the maximum penalty
units from 1 penalty unit to 165 penalty units.
23. Clause 17(2) This amendment confirms the general penalty provision
which was contained in clause 18(2) of the Act.
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Environmental Legislation Amendment (No. 2)
24. This clause creates two new parts in the Act. The first makes it an
indictable offence to discharge:
� prohibited substances into sewerage or stormwater drainage;
� trade waste into stormwater drainage; and
� trade waste into sewerage without the local government's
permission.
The second part sets out the procedure for prosecutions for offences
under the Act.
25. Clause 18(1)to(3) This amendment omits clause 18(1) to (3),
including the provision of a general penalty.
26. Given the omission of Clause 18(2), a specific maximum penalty of
4 penalty units has been inserted in clause 18A(2).
27. When this Act is reprinted the clauses must be correctly numbered
and renumbered accordingly.
� The State of Queensland 1995