Environmental Protection Regulation 2008


Queensland Crest
Environmental Protection Regulation 2008

Chapter 1 Preliminary

1Short title

This regulation may be cited as the Environmental Protection Regulation 2008.

2Commencement

This regulation commences on 1 January 2009.

3Definitions

The dictionary in schedule 12 defines particular words used in this regulation.

Chapter 2 Environmental impact statements

Part 1 Preliminary

4Types of project requiring Commonwealth or State authority approval

A project is prescribed for section 37(1)(e) of the Act if—
(a)the Commonwealth Minister has, under the Commonwealth Environment Act—
(i)decided the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process; and
(ii)given notice of the decision; or

Note—

See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach).
(b)the relevant impacts of the project are to be assessed under a bilateral agreement.

Part 2 EIS process

5Application of pt 2

(1)This part and schedule 1 apply to a project mentioned in section 4.
(2)Any steps or actions taken under the EIS process before the action mentioned in section 4(a) happens are taken to have complied with this part.

s 5 amd 2013 SL No. 25 s 4

6Prescribed matters for draft terms of reference—Act, s 41(2)(d)

The draft terms of reference for an EIS must include the matters necessary for ensuring—
(a)the project’s relevant impacts are assessed under the EIS; and
(b)the assessment of the project under the EIS—
(i)gives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act; and
(ii)addresses the matters mentioned in schedule 1.

7Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g)

(1)A TOR notice and an EIS notice must state the following—
(a)the project’s title and location;
(b)the name of the proponent for the project;
(c)if the proponent and designated proponent for the project are not the same entity—the name of the designated proponent;
(d)the protected matters for the project.
(2)In this section—
protected matter means a matter mentioned in the Commonwealth Environment Act, section 34 and protected by a controlling provision for the project.

8Prescribed way for publishing TOR notice and EIS notice

A TOR notice and an EIS notice must be published—
(a)in a newspaper circulating throughout Australia; or
(b)in each State or Territory in a newspaper circulating generally in the State or Territory.

9Prescribed matters for EIS assessment report—Act, s 59(e)

(1)An EIS assessment report must contain the following matters—
(a)a description of the following—
(i)the project;
(ii)the places affected by the project;
(iii)any matters of national environmental significance likely to be affected by the project;
(b)a summary of the project’s relevant impacts;
(c)a summary of feasible mitigation measures or changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in a relevant submission;
(d)to the extent practicable, a summary of feasible alternatives to the project identified in the assessment process and the likely impact of the alternatives on matters of national environmental significance;
(e)to the extent practicable, a recommendation for any conditions of approval for the project that may be imposed to address impacts identified in the assessment process on matters of national environmental significance.
(2)In this section—
relevant submission means a properly made submission under section 55(2) of the Act or a submission accepted by the chief executive under section 55(3) of the Act.

s 9 amd 2014 SL No. 57 s 3

10Other requirements for EIS process

The chief executive must, as soon as practicable after preparing an EIS assessment report, give a copy of it to the Commonwealth Minister.

Part 3 Prescribed periods for chapter 3 of the Act

11Period to advise chief executive about draft terms of reference—Act, s 45

For section 45 of the Act, the period for giving the chief executive the things mentioned in that section is the later of the following periods to end—
(a)20 business days after the chief executive has given the proponent a copy of all comments received within the comment period;
(b)if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

12Period for finalising terms of reference—Act, s 46

For section 46 of the Act, the period for doing the things mentioned in section 46(1) of the Act is the later of the following periods to end—
(a)20 business days after the proponent gives the documents mentioned in section 45 of the Act to the chief executive;
(b)if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

13Period for deciding whether EIS may proceed—Act, s 49

For section 49(1) of the Act, the period for considering a submitted EIS and deciding whether to allow it to proceed under chapter 3, part 1, division 4 of the Act is the later of the following periods to end—
(a)20 business days after the EIS is submitted;
(b)if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

Chapter 3 Environmentally relevant activities

Part 1 Environmentally relevant activities—general matters

pt hdg sub 2013 SL No. 25 s 5

Division 1 Preliminary

14What is the aggregate environmental score for an environmentally relevant activity

(1)The aggregate environmental score for a prescribed ERA is the aggregate environmental score stated for the activity in the section under schedule 2 applying to the activity.

Note—

Aggregate environmental scores for environmentally relevant activities are based on the aggregate environmental scores worked out for the activities under the environmental emission profile.
(2)The aggregate environmental score for a resource activity is the aggregate environmental score stated for the activity in the section under schedule 2A applying to the activity.
(3)However, subsection (4) applies for a resource activity mentioned in schedule 2A, if—
(a)the activity includes 1 or more activities mentioned in schedule 2 (each an included schedule 2 activity) for which an AES is stated; and
(b)the AES stated in schedule 2 for an included schedule 2 activity is more than the AES stated in schedule 2A for the resource activity.
(4)The aggregate environmental score for the resource activity is—
(a)the AES for the included schedule 2 activity; or
(b)if there are 2 or more included schedule 2 activities to which subsection (3)(b) applies—the AES for the included schedule 2 activity that has the highest AES stated for the activity in schedule 2.

s 14 amd 2013 SL No. 25 s 6; 2013 SL No. 182 s 3

15Meaning of scheduled area

A scheduled area is a local government area mentioned in schedule 4.

16Meaning of concurrence ERA

(1)An activity is a concurrence ERA if—
(a)the activity is a prescribed ERA; and
(b)the threshold within which the activity is carried out is stated opposite the letter ‘C’ in the relevant table.
(2)However, a mobile and temporary environmentally relevant activity is not a concurrence ERA.
(3)In this section—
relevant table, for an activity, means the table in the section of schedule 2 that applies to the activity.

Note—

For when a development permit is required for a concurrence ERA, see the Planning Act.

s 16 sub 2013 SL No. 25 s 7

amd 2013 SL No. 271 s 4; 2017 SL No. 103 s 54

16AReference to in a year for particular environmental authorities

(1)This section applies for a prescribed ERA or a resource activity being carried out under an environmental authority.
(2)A reference in schedule 2 or schedule 2A to the authority being carried out in a year is a reference to the activity being carried out in the following period—
(a)for the first year of the environmental authority—the period of 1 year starting on the day the authority takes effect; or
(b)otherwise—the period of 1 year starting on an anniversary day for the authority.

s 16A ins 2016 SL No. 116 s 3

Division 2 Prescribed activities

17Activities prescribed as environmentally relevant activities—general

(1)Each activity to which a section under schedule 2 applies is a prescribed ERA.

Note—

See section 19 (Environmentally relevant activity may be prescribed) of the Act.
(2)An activity to which a section under schedule 2 applies includes the activity carried out as a mobile and temporary environmentally relevant activity, unless the section otherwise provides.

Note—

See schedule 4, definition mobile and temporary environmentally relevant activity of the Act.

s 17 amd 2013 SL No. 25 s 8

17AActivities prescribed as extractive activities—Act, s 120

For section 120(4) of the Act, definition extractive activity, the prescribed activities are the extractive and screening activities mentioned in schedule 2, part 4.

s 17A ins 2013 SL No. 25 s 9

Division 2A Amount and form of financial assurance for environmental authorities

div hdg ins 2013 SL No. 83 s 3

17BGuideline prescribed—Act, ss 294 and 295

For sections 294(3)(b)(ii) and 295(3)(b) of the Act, the guideline called ‘Financial Assurance under the Environmental Protection Act 1994’ is prescribed.

Editor’s note—

The guideline may be accessed on the department’s website.

s 17B ins 2013 SL No. 83 s 3

Division 3 [Repealed]

div hdg sub 2013 SL No. 25 s 10

om 2014 Act No. 40 s 154 sch 1 pt 3

Subdivision 1 [Repealed]

sdiv hdg om 2013 SL No. 25 s 11

18[Repealed]

s 18 amd 2009 SL No. 145 s 2 sch; 2009 SL No. 280 s 68

sub 2013 SL No. 25 s 12

om 2014 Act No. 40 s 154 sch 1 pt 3

19[Repealed]

s 19 amd 2009 SL No. 280 s 69

sub 2013 SL No. 25 s 13

om 2014 Act No. 40 s 154 sch 1 pt 3

19A[Repealed]

s 19A ins 2013 SL No. 25 s 13

om 2014 Act No. 40 s 154 sch 1 pt 3

Subdivision 2 [Repealed]

(Repealed)

sdiv hdg om 2013 SL No. 25 s 14

Division 3A Development application relating to concurrence ERAs

div hdg ins 2013 SL No. 25 s 15

19BAssessing development application for concurrence ERA

(1)Subsection (2) applies if a local government is the assessment manager for a development application for a material change of use for a concurrence ERA.
(2)The following matters are assessment benchmarks for the Planning Act for the material change of use—
(a)an environmental objective assessment against the environmental objectives and performance outcomes stated in schedule 5, part 3, table 2;
(b)the standard criteria;
(c)if the concurrence ERA is to be carried out in a strategic environmental area—the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014.
(3)Subsection (4) applies if a local government is a referral agency for a development application for a material change of use for a concurrence ERA.
(4)For the Planning Act, the local government must assess the development application against the matters stated in subsection (2)(a) to (c).

s 19B ins 2013 SL No. 25 s 15

amd 2013 SL No. 204 s 8

sub 2017 SL No. 103 s 55

19C[Repealed]

s 19C ins 2013 SL No. 25 s 15

amd 2013 SL No. 204 s 9; 2014 Act No. 40 s 154 sch 1 pt 3

om 2017 SL No. 103 s 56

20[Repealed]

s 20 om 2013 SL No. 25 s 14

Division 4 Other matters

21Untreated clinical waste disposal

(1)A person must not deliver untreated clinical waste to a facility for disposal under schedule 2, section 60(1)(b) unless the waste was generated in a scheduled area.

Maximum penalty—20 penalty units.

(2)Subsection (3) applies to the occupier of a facility mentioned in schedule 2, section 60(1)(a) or (b) if untreated clinical waste is disposed of at the facility.
(3)The occupier must ensure—
(a)the waste is buried at the facility; and
(b)the burial of the waste is supervised by a person who is competent to supervise the burial.

Maximum penalty—20 penalty units.

s 21 amd 2018 SL No. 198 s 4

22[Repealed]

s 22 amd 2009 SL No. 304 s 4

om 2013 SL No. 25 s 16

22A[Repealed]

s 22A ins 2009 SL No. 145 s 3

sub 2011 SL No. 46 s 3

om 2013 SL No. 25 s 17

Part 1A Agricultural ERAs

pt hdg ins 2009 SL No. 304 s 5

Division 1 Fertiliser application requirements

div 1 (ss 22B–22E) ins 2009 SL No. 304 s 5

22BApplication of div 1

This division applies to a person carrying out an agricultural ERA that is commercial sugar cane growing on a relevant agricultural property.

div 1 (ss 22B–22E) ins 2009 SL No. 304 s 5

22CPrescribed methodology for optimum nitrogen and phosphorus amounts—Act, s 80

(1)For section 80(3) of the Act, the prescribed methodology for working out the optimum amount of each of nitrogen and phosphorus that can be applied to soil on the relevant agricultural property is the relevant methodology stated in the nutrient calculation document.
(2)In this section—
nutrient calculation document means the document called ‘The method for calculating the optimum amount of nitrogen and phosphorus to be applied to sugarcane properties regulated under the Environmental Protection Act 1994’, published by the department.

Editor’s note—

A copy of the document is available for inspection during office hours on business days at the department’s head office at level 3, 400 George Street, Brisbane and at each regional office, and on the department’s website.

div 1 (ss 22B–22E) ins 2009 SL No. 304 s 5

22DPrescribed intervals for soil testing—Act, s 81

For section 81(3)(a) of the Act, the prescribed intervals for carrying out soil tests of the relevant agricultural property are within 1 year before each sugar cane crop is planted.

div 1 (ss 22B–22E) ins 2009 SL No. 304 s 5

22EPrescribed methodology for soil testing—Act, s 81

(1)For section 81(3)(b) of the Act, the prescribed methodology for carrying out soil tests of the relevant agricultural property is the methodology stated in the soil sampling document.
(2)In this section—
soil sampling document means the document called ‘The method for soil sampling and analysis on sugarcane properties regulated under the Environmental Protection Act 1994’, published by the department.

Editor’s note—

A copy of the document is available for inspection during office hours on business days at the department’s head office at level 3, 400 George Street, Brisbane and at each regional office, and on the department’s website.

div 1 (ss 22B–22E) ins 2009 SL No. 304 s 5

Division 2 Document requirements

div 2 (s 22F) ins 2009 SL No. 304 s 5

22FPrescribed matters for agricultural ERA record—Act, s 83

For section 83(2)(d) of the Act, the following matters are prescribed—
(a)the boundaries of the following, as shown by maps or diagrams of the relevant agricultural property—
(i)crops or paddocks from which soil has been taken for testing;
(ii)the areas to which agricultural chemicals, fertilisers or soil conditioners have been applied;
(b)a description of the methods used to apply the agricultural chemicals, fertilisers or soil conditioners.

div 2 (s 22F) ins 2009 SL No. 304 s 5

Part 2 Prescribed matters for particular resource activities

pt hdg amd 2009 SL No. 145 s 2 sch

sub 2013 SL No. 25 s 18

23Designated environmental areas

For schedule 4, definition small scale mining activity, paragraphs (a)(vi) and (b)(v) of the Act, the following areas are prescribed as designated environmental areas—
(a)for each agricultural research facility mentioned in schedule 2B, the area with the land description shown opposite the facility’s name;
(b)a coastal management district under the Coastal Protection and Management Act 1995;
(c)coastal wetlands under the Coastal Protection and Management Act 1995;
(d)the designated landscape area called ‘the Stanbroke Pastoral Development Holding’ recorded on the register under the Aboriginal Cultural Heritage Act 2003;
(e)a nature refuge under the Nature Conservation Act 1992;
(f)a reservation for public purposes under the Land Act 1994, section 23;
(g)a resources reserve under the Nature Conservation Act 1992;
(h)a State forest under the Forestry Act 1959;
(i)a timber reserve under the Forestry Act 1959.

s 23 prev s 23 amd 2009 SL No. 145 s 2 sch

om 2013 SL No. 25 s 19

pres s 23 ins 2013 SL No. 271 s 5

amd 2014 SL No. 35 s 3; 2016 SL No. 104 s 2 (2) sch 1

23APrescribed conditions for small scale mining activities—Act, s 21A

For section 21A of the Act, the conditions stated in schedule 2C are prescribed.

s 23A ins 2013 SL No. 271 s 5

24[Repealed]

s 24 amd 2009 SL No. 145 s 2 sch

om 2013 SL No. 25 s 20

24AAPrescribed documents for application for environmental authority for a CSG activity—Act, s 125

(1)For section 125(1)(n) of the Act, the documents prescribed for an application for an environmental authority for a CSG activity that is an ineligible ERA are—
(a)documents dealing with the following matters about coal seam gas water generated in connection with carrying out the CSG activity—
(i)whether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water;
(ii)if the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas water—the reason for managing the coal seam gas water in the proposed way; and
(b)documents dealing with the following matters for brine or salt generated from the management of the coal seam gas water mentioned in paragraph (a)—
(i)whether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste;
(ii)if the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way.
(2)In this section—
prioritisation hierarchy means—
(a)for managing and using coal seam gas water—the prioritisation hierarchy for managing and using CSG water stated in the coal seam gas water management policy; or
(b)for managing saline waste—the prioritisation hierarchy for managing saline waste stated in the coal seam gas water management policy.

s 24AA ins 2012 SL No. 41 s 3

amd 2012 SL No. 253 s 3; 2013 SL No. 25 s 21

24AB[Repealed]

s 24AB ins 2012 SL No. 41 s 3

amd 2013 SL No. 25 s 22

om 2018 SL No. 97 s 6

Part 3 ERA standards for environmentally relevant activities

pt hdg sub 2013 SL No. 25 s 23; 2013 SL No. 83 s 4

amd 2018 SL No. 97 s 7

ch 3 pt 3 div 1 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 2 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 3 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 4 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 5 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 5 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 5 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 5 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 5 hdg om 2013 SL No. 25 s 23

ch 3 pt 3 div 5 hdg om 2013 SL No. 25 s 23

24A[Repealed]

s 24A ins 2010 SL No. 363 s 4

def dimension stone mining om 2011 SL No. 248 s 4

om 2013 SL No. 25 s 23

24BApproval of ERA standards—Act, s 318D

For section 318D of the Act, an ERA standard stated in a document mentioned in schedule 3B is approved.

s 24B ins 2013 SL No. 83 s 5

sub 2018 SL No. 97 s 8

25[Repealed]

s 25 sub 2013 SL No. 25 s 23

om 2016 SL No. 24 s 4

26[Repealed]

s 26 om 2013 SL No. 25 s 23

27[Repealed]

s 27 om 2013 SL No. 25 s 23

28[Repealed]

s 28 om 2013 SL No. 25 s 23

29[Repealed]

s 29 sub 2009 SL No. 145 s 4

om 2013 SL No. 25 s 23

30[Repealed]

s 30 amd 2009 SL No. 145 s 2 sch

sub 2010 SL No. 363 s 5

om 2013 SL No. 25 s 23

31[Repealed]

s 31 sub 2010 SL No. 363 s 5

om 2013 SL No. 25 s 23

32[Repealed]

s 32 amd 2010 SL No. 363 s 6

om 2013 SL No. 25 s 23

33[Repealed]

s 33 om 2013 SL No. 25 s 23

34[Repealed]

s 34 om 2013 SL No. 25 s 23

35[Repealed]

s 35 om 2013 SL No. 25 s 23

36[Repealed]

s 36 om 2013 SL No. 25 s 23

37[Repealed]

s 37 om 2013 SL No. 25 s 23

38[Repealed]

s 38 om 2013 SL No. 25 s 23

39[Repealed]

s 39 om 2013 SL No. 25 s 23

40[Repealed]

s 40 om 2013 SL No. 25 s 23

41[Repealed]

s 41 om 2013 SL No. 25 s 23

42[Repealed]

s 42 om 2013 SL No. 25 s 23

43[Repealed]

s 43 om 2013 SL No. 25 s 23

44[Repealed]

s 44 om 2013 SL No. 25 s 23

45[Repealed]

s 45 om 2013 SL No. 25 s 23

Chapter 4 Regulatory requirements

Part 1 Preliminary

Division 1 Purpose

46Purpose of ch 4

This chapter prescribes the regulatory requirements with which the administering authority is required to comply for making environmental management decisions.

Division 2 Interpretation

47Definitions for ch 4

In this chapter—
activity includes that part, if any, of an activity relating to—
(a)preparing a place for the activity before carrying out the activity; or
(b)rehabilitating a place after it has been used for carrying out the activity.
characteristic
(a)of a contaminant, material or waste, means any of the following—
(i)the physical and chemical properties and reactivity of the contaminant, material or waste;
(ii)the biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste;
(iii)the variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or
(b)of the receiving environment, means any of the following—
(i)the physical, chemical, ecological or biological properties of the receiving environment;
(ii)the variability of the receiving environment.

Example of variability of the receiving environment—

whether a watercourse is tidal or is subject to periodic flooding or drought
control measure means a device, equipment, structure, or management strategy used to prevent or control the release of a contaminant or waste to the environment.

Examples—

an acoustic enclosure
a bund around a storage pond
a fabric filter to collect dust
a release or overflow valve on machinery
a strategy for operating a furnace in a way that achieves combustion of a contaminant at a particular oxygen level
environmental management decision see section 48.
initial mixing zone means an area where water containing contaminants mixes rapidly with surface water because of the momentum or buoyancy of the contaminated water and the turbulence of the surface water.
material means a material in its solid, liquid or gaseous state.
monitoring see section 49.
relevant site, for an activity, means a place where the activity is, or is proposed to be, carried out.
surface water means water other than groundwater.
water includes water containing contaminants.

48Meaning of environmental management decision

(1)An environmental management decision is a decision under the Act for which the administering authority making the decision is required to comply with regulatory requirements.
(2)However, an environmental management decision does not include a decision under the Act about—
(a)the surrender of an environmental authority; or
(b)an application for an amendment that is a minor amendment; or
(c)an application for a progressive certification.

s 48 amd 2013 SL No. 25 s 24

49Meaning of monitoring

Monitoring, in relation to monitoring the impact of an activity on the receiving environment, includes analysing, assessing, examining, inspecting, measuring, modelling or reporting any of the following—
(a)the quantity, quality, characteristics, timing and variability of the release of the contaminant;
(b)the effectiveness of control measures;
(c)characteristics of, and impact on, the receiving environment;
(d)the effectiveness of remedial or rehabilitation measures.

Part 2 Regulatory requirements for all environmental management decisions

Division 1 Regulatory requirements for all environmental management decisions—general

div hdg ins 2013 SL No. 25 s 25

50Application of pt 2

This part applies to the administering authority for making any environmental management decision.

51Matters to be complied with for environmental management decisions

(1)The administering authority must, for making an environmental management decision relating to an environmentally relevant activity, other than a prescribed ERA—
(a)carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 5, part 3, tables 1 and 2; and
(b)consider the environmental values declared under this regulation; and
(ba)if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014; and
(c)consider each of the following under any relevant environmental protection policies—
(i)the management hierarchy;
(ii)environmental values;
(iii)quality objectives;
(iv)the management intent; and
(d)if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters.
(1A)However, the administering agency is not required to consider the matters mentioned in subsection (1)(d) if the Coordinator-General has, under the State Development Act, section 54Y, issued an environmental approval for the undertaking of all or part of the coordinated project to which the activity relates.
(2)For an environmental management decision relating to a prescribed ERA, the administering authority making the decision must—
(a)carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 5, part 3, table 1; and
(b)consider the matters mentioned in subsection (1)(b), (ba) and (c).

s 51 amd 2010 SL No. 76 s 3; 2012 SL No. 196 s 5

sub 2013 SL No. 25 s 26

amd 2014 SL No. 57 s 4; 2014 SL No. 134 s 4 (1) (retro); 2014 SL No. 134 s 4 (2); 2014 Act No. 40 s 154 sch 1 pt 3

52Conditions to be considered for environmental management decisions

(1)The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose conditions about the following matters—
(a)implementing a system for managing risks to the environment;
(b)implementing measures for avoiding or minimising the release of contaminants or waste;
(c)ensuring an adequate distance between any sensitive receptors and the relevant site for the activity to which the decision relates;

Examples of a condition for paragraph (c)—

a condition requiring riparian buffers, noise buffers or buffers for protecting endangered regional ecosystems
(d)limiting or reducing the size of the initial mixing zone or attenuation zone, if any, that may be affected by the release of contaminants;
(e)treating contaminants before they are released;
(f)restricting the type, quality, quantity, concentration or characteristics of contaminants that can be released;
(g)the way in which contaminants may be released;

Examples of a condition for paragraph (g)—

a condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows
a condition restricting the release of a contaminant to a depth below the level of surface waters
(h)ensuring a minimum degree of dispersion happens when a contaminant is released;

Example of a condition for paragraph (h)—

a condition requiring the use of a diffuser for releasing a contaminant
(i)protecting environmental values, and meeting quality objectives, under relevant environmental protection policies;
(j)recycling, storing, transferring or disposing of waste in a particular way;
(k)rehabilitating land to achieve particular outcomes;
(l)measures for the ongoing protection of environmental values that are, or may be, adversely affected by the activity;
(m)if under an environmental objective assessment, the assessor is not satisfied an environmental objective has been achieved, measures for minimising the adverse effects of not achieving the environmental objective.
(2)In this section—
attenuation zone means the area around a release of contaminants to groundwater in which the concentration of the contaminants in the release is reduced to ambient levels through physico-chemical and microbiological processes.

s 52 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 27

53Matters to be considered for decisions imposing monitoring conditions

(1)The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose monitoring conditions about the release of contaminants from the activity on the receiving environment.
(2)For considering whether to impose a monitoring condition, the administering authority must consider the following matters—
(a)the potential impact on the receiving environment of—
(i)the activity to which the decision relates; and
(ii)the release of the contaminant;
(b)the characteristics of the contaminant;
(c)the potential for a control measure to fail and the effect of a failure of a control measure on the receiving environment;
(d)the protocols relevant to monitoring the release of the contaminant;
(e)whether the monitoring should be continuous or intermittent.
(3)In this section—
monitoring condition, about the release of contaminants from an activity on the receiving environment, means a condition about any of the following matters—
(a)monitoring the quantity, quality, characteristics, timing and variability of the release;
(b)monitoring indicators of the effective operation of control measures;
(c)monitoring the characteristics of the receiving environment;
(d)assessing the effectiveness of remedial or rehabilitation measures;
(e)monitoring the impact of the release on the values, objectives and biota in the receiving environment;
(f)analysing monitoring data against objectives and standards including, for example, by predictive modelling;
(g)reporting the results of monitoring in a stated form and timeframe;
(h)reporting on the time and way in which the release is made to the receiving environment.

53APrescribed standard criteria for environmental management decisions

For schedule 4 of the Act, definition standard criteria, paragraph (l), an environmental objective assessment relating to an environmental management decision is prescribed.

s 53A ins 2013 SL No. 25 s 28

Part 3 Additional regulatory requirements for particular environmental management decisions

54Application of pt 3

If an environmental management decision relates to an activity mentioned in a provision in this part, the administering authority making the decision must comply with the provision in addition to part 2.

55[Repealed]

s 55 om 2013 SL No. 25 s 29

56[Repealed]

s 56 amd 2009 SL No. 145 s 2 sch; 2012 SL No. 41 s 4

om 2013 SL No. 25 s 29

57[Repealed]

s 57 om 2013 SL No. 25 s 29

58Release of water or waste to wetlands for treatment

(1)This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of water or waste to a wetland for treatment.
(2)The administering authority must refuse to grant the application if the authority considers that, because of the activity—
(a)the wetland will be destroyed or reduced in size; or
(b)the biological integrity of the wetland may not be maintained.

s 58 amd 2010 SL No. 76 s 4; 2011 SL No. 246 s 3; 2011 SL No. 246 s 3

59[Repealed]

s 59 om 2013 SL No. 25 s 29

60[Repealed]

s 60 om 2013 SL No. 25 s 29

61[Repealed]

s 61 om 2013 SL No. 25 s 29

62[Repealed]

s 62 amd 2009 SL No. 145 s 2 sch

om 2013 SL No. 25 s 29

63Activity involving direct release of waste to groundwater

(1)This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of waste directly to groundwater (the receiving groundwater).

Example of direct release of waste to groundwater—

an activity involving the release of contaminated water to groundwater through a well, deep-well injection or a bore
(2)The administering authority must refuse to grant the application if the authority considers—
(a)for an application other than an application relating to an environmental authority for a petroleum activity—the waste is not being, or may not be, released entirely within a confined aquifer; or
(b)the release of the waste is affecting adversely, or may affect adversely, a surface ecological system; or
(c)the waste is likely to result in a deterioration in the environmental values of the receiving groundwater.
(3)In this section—
confined aquifer means an aquifer that is contained entirely within impermeable strata.

s 63 amd 2011 SL No. 46 s 4

Chapter 5 Matters relating to environmental management and environmental offences

Part 1 Categorisation of commercial and industrial waste

pt hdg sub 2018 SL No. 154 s 4

Division 1 Regulated waste, category 1 regulated waste and category 2 regulated waste

div hdg ins 2018 SL No. 154 s 4

64Meaning of regulated waste

(1)Regulated waste is waste that—
(a)is commercial or industrial waste; and
(b)is of a type, or contains a constituent of a type, mentioned in schedule 7, part 1, column 1.
(2)Waste prescribed under subsection (1) includes—
(a)for an element—any chemical compound containing the element; and
(b)anything that contains residues of the waste, including, for example, a container contaminated with the waste.
(3)However, waste is not regulated waste if the waste is of a type mentioned in schedule 7, part 3, division 1.
(4)Also, waste is not regulated waste if current test results for the waste state that—
(a)for each relevant attribute, the waste satisfies the requirement mentioned in—
(i)for solid waste—column 2 of the attribute table opposite the attribute; or
(ii)for liquid waste—column 3 of the attribute table opposite the attribute; and
(b)for each relevant substance, the concentration of the substance in the waste is less than the threshold mentioned in—
(i)for solid waste—column 2 of the substance table opposite the substance; or
(ii)for liquid waste—column 3 of the substance table opposite the substance.

s 64 prev s 64 om 2013 SL No. 25 s 29

pres s 64 ins 2018 SL No. 154 s 4

64AMeaning of category 1 regulated waste and category 2 regulated waste

(1)Regulated waste is category 1 regulated waste if—
(a)the waste is either—
(i)liquid waste; or
(ii)solid waste that does not have current test results; and
(b)both of the following apply—
(i)the waste is of a type, or contains a constituent of a type, mentioned in schedule 7, part 1, column 1;
(ii)the category mentioned in schedule 7, part 1, column 2 opposite the type is category 1.
(2)Also, regulated waste is category 1 regulated waste if—
(a)the waste is solid waste; and
(b)current test results for the waste state that—
(i)the pH of the waste is less than 2 or more than 12.5; or
(ii)for a relevant substance, the concentration of the substance in the waste is more than the threshold mentioned in column 2 of the threshold table opposite the substance.
(3)Category 1 regulated waste includes anything that contains residues of the waste, including, for example, a container contaminated with the waste.
(4)Category 2 regulated waste is regulated waste other than category 1 regulated waste.

s 64A prev s 64A ins 2011 SL No. 231 s 49 sch 9 s 21

om 2013 SL No. 25 s 29

pres s 64A ins 2018 SL No. 154 s 4

Division 2 Testing waste

div hdg ins 2018 SL No. 154 s 4

64BPurpose of division

This division states requirements for sampling and testing commercial or industrial waste for working out whether the waste is—
(a)general waste; or
(b)category 1 regulated waste; or
(c)category 2 regulated waste.

s 64B prev s 64B ins 2011 SL No. 231 s 49 sch 9 s 21

om 2013 SL No. 25 s 29

pres s 64B ins 2018 SL No. 154 s 4

64CTaking samples

A sample for the testing of commercial or industrial waste must be—
(a)taken by an appropriately qualified person; and
(b)taken under a protocol.

s 64C prev s 64C ins 2011 SL No. 231 s 49 sch 9 s 21

om 2013 SL No. 25 s 29

pres s 64C ins 2018 SL No. 154 s 4

64DTesting samples

A sample of commercial or industrial waste must be tested—
(a)by an appropriately qualified person; and
(b)under a protocol; and
(c)for each relevant attribute; and
(d)for each relevant substance.

s 64D prev s 64D ins 2012 SL No. 41 s 5

amd 2012 SL No. 253 s 4

om 2013 SL No. 25 s 29

pres s 64D ins 2018 SL No. 154 s 4

64ERetesting of waste

An authorised person may ask a person who generates waste to retest the waste under this division if the authorised person reasonably suspects—
(a)if the waste is general waste—the waste would, if retested under this division, become regulated waste; or
(b)if the waste is category 2 regulated waste—the waste would, if retested under this division, become category 1 regulated waste.

s 64E ins 2018 SL No. 154 s 4

64FResults of testing

(1)The results (test results) of a test of commercial or industrial waste under section 64D are current for the waste from the date of the report for the test (the report date) until the earliest of the following—
(a)the end of 3 months after the report date;
(b)if an authorised person makes a request under section 64E—the date of the request;
(c)if the waste is retested under this division—the report date for the retest.
(2)Test results for waste generated by an activity continue to be current test results for further waste generated by the same activity until either of the following changes in a material way—
(a)the activity;
(b)the waste generated by the activity.

Examples of when waste generated by an activity changes in a material way—

1Materials of a different type or quality become involved in the generation of the waste.
2New or different processes become involved in the generation of the waste.
(3)In this section—
report, for a test, means a report, written by the person who conducted the test, stating the results of the test.

s 64F ins 2018 SL No. 154 s 4

64GOffence relating to sampling and testing

A person must not wilfully—
(a)tamper with a sample of waste taken under section 64C; or
(b)interfere with the testing of a sample of waste under section 64D; or
(c)otherwise jeopardise the accuracy of test results for waste.

Maximum penalty—100 penalty units.

s 64G ins 2018 SL No. 154 s 4

Division 3 Notification, reporting and record keeping

div hdg ins 2018 SL No. 154 s 4

64HDefinitions for division

In this division—
generator, of tested waste, means the person who generates the waste.
prescribed information, for a load of tested waste transported to a receiver, means information about—
(a)whether the load is general waste or regulated waste; and
(b)if the load is regulated waste—whether the load is category 1 regulated waste or category 2 regulated waste; and
(c)the current test results for the waste.
receiver, of tested waste, means a person to whom the waste is transported.
tested waste means waste that has current test results.

s 64H ins 2018 SL No. 154 s 4

64IGenerator must notify and report changes

(1)This section applies if—
(a)on the retesting of general waste under division 2, the waste becomes regulated waste; or
(b)on the retesting of category 2 regulated waste under division 2, the waste becomes category 1 regulated waste.
(2)The generator of the waste must notify the administering authority of the change within 24 hours after receiving the test results for the retesting.

Maximum penalty—20 penalty units.

(3)Within 10 business days after receiving the test results for the retesting of the waste, the generator of the waste must give the administering authority a written report stating—
(a)the test results for the retesting; and
(b)the results of testing last carried out for the waste under division 2 before the test results mentioned in paragraph (a) were received; and
(c)the results of any further testing of the waste to confirm the test results mentioned in paragraph (a); and
(d)if a load of the waste is being transported at the time of the change—details of the load, including the volume and destination of the load; and
(e)the action, if any, the generator proposes to take as a result of the change.

Maximum penalty—20 penalty units.

(4)A notice or report given by the generator under this section is not admissible in evidence against the generator in a prosecution for an offence against this Act.
(5)Subsection (4) does not prevent other evidence obtained because of the notice or report, or the giving of the notice or report, being admitted in any legal proceeding against the generator.

s 64I ins 2018 SL No. 154 s 4

64JGenerator must keep records

(1)A generator of tested waste in the State must, for each load of the waste transported to a receiver, record the prescribed information for the load in the approved form.

Maximum penalty—20 penalty units.

(2)The generator must, before or when the load is given to a receiver, give the prescribed information for the load to the receiver.
(3)The generator must keep the record mentioned in subsection (1) for at least 5 years.

Maximum penalty—20 penalty units.

s 64J ins 2018 SL No. 154 s 4

65Receiver must keep records

(1)This section applies if a receiver in the State is given a load of tested waste.
(2)The receiver must, before or when the receiver is given the load, make a record of the prescribed information for the load in the approved form.

Maximum penalty—20 penalty units.

(3)Within 24 hours of becoming aware of an omission or inaccuracy in the prescribed information, the receiver must give written notice of the omission or inaccuracy to the administering authority.

Maximum penalty—20 penalty units.

(4)The receiver must keep the record mentioned in subsection (2) for at least 5 years.

Maximum penalty—20 penalty units.

s 65 amd 2013 SL No. 182 s 4

sub 2018 SL No. 154 s 4

66[Repealed]

s 66 om 2013 SL No. 25 s 30

Part 1A Public notice for notifying environmental harm

pt 1A (s 65A) ins 2011 SL No. 248 s 5

65APrescribed matters for Act, s 320, definition public notice

(1)For section 320 of the Act, definition public notice, the prescribed way is a way likely to bring the event, its nature and the circumstances in which it happened to the attention of—
(a)if the public notice is required to be given under section 320C(3)(b) of the Act—the persons on the affected land; or
(b)if the public notice is required to be given under section 320D(3)(b) of the Act—the persons at the affected land.
(2)Also for that definition, the prescribed circumstances are all circumstances in which a public notice for an event must be given—
(a)under section 320C(3)(b) of the Act unless a written notice is given under section 320C(3)(a) of the Act for the event; or
(b)under section 320D(3)(b) of the Act unless a written notice is given under section 320D(3)(a) of the Act for the event.
(3)Without limiting subsection (1), the prescribed way includes the following—
(a)by radio or television broadcast;
(b)in a newspaper;
(c)by erecting or installing a sign with a surface area of at least 1m2 in the vicinity of the affected land.
(4)In this section—
event means an event mentioned in section 320A(1) of the Act.

pt 1A (s 65A) ins 2011 SL No. 248 s 5

66[Repealed]

s 66 om 2013 SL No. 25 s 30

Part 2 Contaminated land

67Prescribed waste for notifiable activity—Act, sch 3

Regulated waste is prescribed waste for schedule 3, item 37 of the Act.

Part 3 Noise

Division 1 Prescribed standards

68Prescribed standards for particular noise standards

(1)For section 440K of the Act, definition background level, the prescribed standard is AS 1055.
(2)For section 440K of the Act, definitions Z Peak and Z Peak Hold, the prescribed standard is AS IEC 61672.

Editor’s note—

A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office at level 3, 400 George Street, Brisbane.

Division 2 Measuring noise

69Purpose of div 2

This division provides for ways in which noise may be measured to help in deciding whether an environmental nuisance has been caused, or a noise standard has been contravened, by an emission of noise.

Note—

See sections 440 (Offence of causing environmental nuisance) and 440Q (Offence of contravening a noise standard) of the Act.

70Definition for div 2

In this division—
source noise means a noise from a person, place or thing that—
(a)is measured over a time interval of at least 15 minutes or, if the noise continues for less than 15 minutes, the duration of the source noise; and
(b)allows for adjustments under AS 1055 for tonal character and impulsiveness of sound; and
(c)is quoted to the nearest whole number of decibels.

71Measuring background level

Background level may be measured by applying the relevant procedure under—
(a)AS 1055; or
(b)the noise measurement manual.

72Measuring source noise

Source noise may be measured by applying the relevant procedure under—
(a)AS 1055; or
(b)the noise measurement manual.

73Measuring source noise for particular noise standards

(1)Source noise for a noise standard under section 440T, 440U or 440V of the Act may be measured as LA90, T.
(2)Source noise for a noise standard under section 440W, 440X or 440Y of the Act may be measured as LAeq,T.
(3)In this section—
LAeq, T means the value of the A-weighted sound pressure level of a continuous steady sound that within a measurement time interval (T) has the same mean square sound pressure as a sound under consideration the level of which varies over time.

74Measurement of noises of same type from same premises

If 2 or more noises of the same type happen simultaneously at the same premises, they may be measured as if they are 1 noise of that type happening at the premises.

Examples—

1A number of concerts happen simultaneously at different places at the same premises. A building is affected by noise from more than 1 of the concerts. The noises may be measured as if they were from 1 concert.
2A premises is used as a stopover depot for trucks with refrigerators. A building is affected by noise from the use of more than 1 of the refrigerators. The noises may be measured as if they were from 1 refrigerator.

75Prescribed instruments—Act, s 490(8)

Each instrument, equipment and installation identified in AS IEC 61672 is prescribed for section 490(8) of the Act.

76Evidentiary provision

A copy of each of the following is admissible in evidence in a proceeding under the Act—
(a)AS 1055;
(b)the noise measurement manual.

Part 4 Water contamination

77Prescribed water contaminants for Act, ch 8, pt 3C

Each of the contaminants mentioned in schedule 9 is prescribed as a contaminant for chapter 8, part 3C of the Act.

Part 5 Air contamination

78Prescribed standard for particular offences relating to air contamination

For section 440ZL of the Act, an Australian and New Zealand standard as in force from time to time under each of the following designations (regardless of the edition or year of publication of the standard) is a prescribed standard—
(a)AS/NZS 4012 (Domestic solid fuel burning appliances–Method for determination of power output and efficiency);
(b)AS/NZS 4013 (Domestic solid fuel burning appliances–Method for determination of flue gas emission).

s 78 sub 2016 SL No. 116 s 4

Part 6 Record keeping requirements for particular fuel suppliers

pt hdg amd 2009 SL No. 145 s 2 sch

79Application of pt 6

This part states the records that a person must keep under section 440ZY(2) of the Act.

80Records kept by manufacturer

(1)This section applies if the person manufactures the fuel.
(2)The person must keep records of the following matters—
(a)the kind and grade of fuel manufactured, or its product code;
(b)the quantity of fuel manufactured;
(c)details of any testing done on the fuel, including—
(i)the date of each test; and
(ii)records by which the fuel tested can be traced to delivery docket numbers for the fuel; and
(iii)the test methods used; and
(iv)the results of the tests;
(d)for each supply of fuel—
(i)how the fuel was supplied; and
(ii)the quantity supplied; and
(iii)the kind and grade of fuel, or its product code; and
(iv)to whom it was supplied; and
(v)delivery docket numbers;
(e)records by which the fuel supplied can be traced to delivery docket numbers for the fuel;
(f)records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;
(g)stock reconciliation records.
(3)Subsection (2)(g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.

81Records kept by importer

(1)This section applies if the person imports the fuel.
(2)The person must keep records of the following matters—
(a)the kind and grade of fuel manufactured, or its product code;
(b)the quantity of fuel manufactured;
(c)details of any testing done on the fuel, including—
(i)the date of each test; and
(ii)records by which the fuel tested can be traced to delivery docket numbers for the fuel; and
(iii)the test methods used; and
(iv)the results of the tests;
(d)for each supply of fuel—
(i)how the fuel was supplied; and
(ii)the quantity supplied; and
(iii)the kind and grade of fuel, or its product code; and
(iv)to whom it was supplied; and
(v)delivery docket numbers;
(e)records by which the fuel supplied can be traced to delivery docket numbers for the fuel;
(f)records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;
(g)stock reconciliation records.
(3)Subsection (2)(g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.

Part 7 Wetlands

pt hdg ins 2010 SL No. 76 s 5

81AEnvironmental values for wetlands

For section 9(b) of the Act, the qualities of a wetland that support and maintain the following are environmental values—
(a)the health and biodiversity of the wetland’s ecosystems;
(b)the wetland’s natural state and biological integrity;
(c)the presence of distinct or unique features, plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992;
(d)the wetland’s natural hydrological cycle;
(e)the natural interaction of the wetland with other ecosystems, including other wetlands.

s 81A ins 2010 SL No. 76 s 5

amd 2018 SL No. 97 s 9

Part 8 Statutory condition for environmental authority for particular resource activities

pt hdg ins 2011 SL No. 145 s 3

amd 2013 SL No. 25 s 31

81BPrescribed maximum amount for chemicals—Act, s 206

(1)For section 206(4)(a) of the Act, definition restricted stimulation fluids, the prescribed maximum amounts are as follows—
(a)for benzene—1 part in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;
(b)for ethylbenzene—80 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;
(c)for toluene—180 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;
(d)for m-xylene—75 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;
(e)for o-xylene—350 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;
(f)for p-xylene—200 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid.
(2)For section 206(4)(b) of the Act, definition restricted stimulation fluids, the prescribed maximum amount of a chemical is the amount of the chemical that produces or would be likely to produce, whether on its own or in combination with another chemical, more than any of the following as it breaks down in the environment—
(a)1 part in a billion of benzene;
(b)80 parts in a billion of ethylbenzene;
(c)180 parts in a billion of toluene;
(d)75 parts in a billion of m-xylene;
(e)350 parts in a billion of o-xylene;
(f)200 parts in a billion of p-xylene.
(3)To remove any doubt, it is declared that the amount of a chemical mentioned in subsection (1) or (2) is not measured in relation to water included in the restricted stimulation fluid.

s 81B ins 2011 SL No. 145 s 3

amd 2013 SL No. 25 s 32

Part 9 Waste tracking

pt hdg ins 2014 SL No. 198 s 3

Division 1 Preliminary

div hdg ins 2014 SL No. 198 s 3

81CWaste transportation to which this part applies

(1)This part applies to the transportation of regulated waste of a type stated in schedule 2E (trackable waste).
(2)However, this part does not apply to—
(a)the non-commercial transportation of less than 250kg of trackable waste; or
(b)the transportation of trackable waste in a pipeline; or
(c)the transportation of trackable waste under an exemption given by the administering authority under section 81Y; or
(d)the transportation of trackable waste in a container if—
(i)the amount of trackable waste is not more than 5% of the capacity of the container; and
(ii)the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or
(e)the transportation of power station fly ash to a place for use in the treatment of waste in a way that involves combining the waste with the ash; or
(f)the transportation of trackable waste to an accredited laboratory for analysis; or
(g)the transportation of trackable waste in an emergency, if the transportation is to protect the environment, human health or property; or
(h)the transportation of chemicals from a farm if—
(i)the chemicals are transported by—
(A)the owner or occupier of the farm; or
(B)another person for free; and
(ii)the chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or
(i)the transportation of trackable waste in accordance with a product recall—
(i)by the Australian Pesticides and Veterinary Medicines Authority; or
(ii)reported to Food Standards Australia New Zealand; or
(iii)by the Therapeutic Goods Administration; or
(j)the transportation of trackable waste to a place for use as stock food; or
(k)the transportation of trackable waste to a farm for use as a soil conditioner or fertiliser.
(3)In this section—
accredited laboratory means a laboratory accredited by the National Association of Testing Authorities.

s 81C ins 2014 SL No. 198 s 3

81DWaste handlers

(1)If there is a transportation of trackable waste to which this part applies, the following persons are the waste handlers for the waste—
(a)the person (the generator) from whom the trackable waste is transported (whether the person generated the waste or received it from someone else);
(b)the person (the transporter) who transports the waste;
(c)the person (the receiver) to whom the waste is transported.
(2)If a person acts in more than 1 of the capacities mentioned in subsection (1), the person must comply with this part for each of the capacities.

Example—

A person generates a load of trackable waste and transports it to someone else for treatment. The first person must comply with this part, in relation to the load, as both the generator and transporter of the waste.

s 81D ins 2014 SL No. 198 s 3

81DA Fee for giving prescribed information

(1)A waste handler must pay the fee stated in this section to the chief executive when the waste handler gives prescribed information about the transportation of trackable waste to the administering authority.
(2)The fee is—
(a)for information given in the way prescribed under section 81F(a)—$5.10; or
(b)for information given in the way prescribed under section 81F(b)—$3.00; or
(c)for information given in the way prescribed under section 81F(c) or (d)—$2.14 for each load of trackable waste mentioned in the form used to give the information.

s 81DA ins 2016 SL No. 172 s 3

amd 2017 SL No. 82 s 7; 2018 SL No. 40 s 7

Division 2 Prescribed matters for giving of information

div hdg ins 2014 SL No. 198 s 3

81EPrescribed information

For this part, the prescribed information that a waste handler must record, or give to the administering authority or another waste handler, is the relevant information stated in schedule 2F.

s 81E ins 2014 SL No. 198 s 3

81F Prescribed way of giving information

The prescribed way of giving prescribed information about the transportation of trackable waste is giving the information—
(a)using the paper form of the prescribed form; or
(b)using the electronic form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or
(c)using the electronic spreadsheet form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or
(d)in a way approved under section 81W.

s 81F ins 2014 SL No. 198 s 3

sub 2016 SL No. 172 s 4

81GPrescribed time for giving information

For this part, the prescribed time for giving prescribed information about waste to the administering authority is—
(a)if the information is given in the prescribed form—
(i)for information given in the way prescribed under section 81F(a) or (b)—7 days; or
(ii)for information given in the way prescribed under section 81F(c)—7 days after the end of the month in which the transportation of the trackable waste ended; or
(b)if the information is given in a way approved by the administering authority under section 81W—the time stated by the administering authority in the approval.

s 81G ins 2014 SL No. 198 s 3

amd 2016 SL No. 172 s 5

Division 3 Obligations of waste handlers

div hdg ins 2014 SL No. 198 s 3

Subdivision 1 Transportation within Queensland

sdiv 1 (ss 81H–81L) ins 2014 SL No. 198 s 3

81HApplication of sdiv 1

This subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver in Queensland.

sdiv 1 (ss 81H–81L) ins 2014 SL No. 198 s 3

81IResponsibilities of generator

(1)When the generator gives the waste to the transporter, the generator must—
(a)give to the transporter the prescribed information about the waste in the prescribed form; and
(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after giving the waste to the transporter.

Maximum penalty—20 penalty units.

(3)The generator must keep the record mentioned in subsection (1)(b) for at least 5 years.

Maximum penalty—20 penalty units.

sdiv 1 (ss 81H–81L) ins 2014 SL No. 198 s 3

81JResponsibilities of transporter

(1)While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 81I(1)(a).

Maximum penalty—20 penalty units.

(2)When the transporter gives the waste to the receiver, the transporter must—
(a)give to the receiver the prescribed information about the waste; and
(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(3)Within 7 days of becoming aware of a discrepancy in information received from the generator under section 81I(1)(a), the transporter must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(4)The transporter must keep the record mentioned in subsection (2)(b) for at least 5 years.

Maximum penalty—20 penalty units.

sdiv 1 (ss 81H–81L) ins 2014 SL No. 198 s 3

81KResponsibilities of receiver

(1)When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after receiving the waste from the transporter.

Maximum penalty—20 penalty units.

(3)Within 7 days of becoming aware of a discrepancy in the information received from the transporter under section 81J(2)(a), the receiver must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(4)The receiver must keep the record mentioned in subsection (1) for at least 5 years.

Maximum penalty—20 penalty units.

sdiv 1 (ss 81H–81L) ins 2014 SL No. 198 s 3

81LResponsibilities of waste handler acting in more than 1 capacity

(1)If a person is both the generator and the transporter—
(a)section 81I(1)(a) does not apply; and
(b)section 81I otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation; and
(c)section 81J(1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and
(d)section 81J(3) does not apply.
(2)If a person is both the transporter and the receiver—
(a)section 81J(2)(a) does not apply; and
(b)section 81K(3) does not apply; and
(c)sections 81J and 81K otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.

sdiv 1 (ss 81H–81L) ins 2014 SL No. 198 s 3

Subdivision 2 Transportation into Queensland

sdiv 2 (ss 81M–81P) ins 2014 SL No. 198 s 3

81MApplication of sdiv 2

This subdivision applies to the transportation of trackable waste from a generator outside Queensland to a receiver in Queensland.

sdiv 2 (ss 81M–81P) ins 2014 SL No. 198 s 3

81NResponsibilities of transporter

(1)The transporter must not transport the waste into Queensland unless the administering executive has, under section 81X, assigned a consignment number to—
(a)the load being transported; or
(b)the loads being transported over a 12-month period.

Maximum penalty—20 penalty units.

(2)Before transporting the waste into Queensland, the transporter must obtain from the generator the information about the waste mentioned in schedule 2F, section 1(2), other than the generator’s identification number and a unique identifier for the load.
(3)While transporting the waste in Queensland, the transporter must carry a document—
(a)stating the consignment number, if any, assigned to the load by the administering executive; and
(b)containing the information mentioned in subsection (2).

Maximum penalty—20 penalty units.

(4)When the transporter gives the waste to the receiver, the transporter must—
(a)give to the receiver the prescribed information about the waste; and
(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(5)Within 7 days of becoming aware of a discrepancy in information obtained under subsection (2), the transporter must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(6)The transporter must keep the record mentioned in subsection (4)(b) for at least 5 years.

Maximum penalty—20 penalty units.

sdiv 2 (ss 81M–81P) ins 2014 SL No. 198 s 3

81OResponsibilities of receiver

(1)When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after receiving the waste from the transporter.

Maximum penalty—20 penalty units.

(3)Within 7 days of becoming aware of a discrepancy in the information received from the transporter under section 81N(4)(a), the receiver must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

(4)The receiver must keep the record mentioned in subsection (1) for at least 5 years.

Maximum penalty—20 penalty units.

sdiv 2 (ss 81M–81P) ins 2014 SL No. 198 s 3

81PResponsibilities of waste handler acting in more than 1 capacity

If a person is both the transporter and the receiver—
(a)section 81N(4)(a) does not apply; and
(b)section 81O(3) does not apply; and
(c)sections 81N and 81O otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.

sdiv 2 (ss 81M–81P) ins 2014 SL No. 198 s 3

Subdivision 3 Transportation out of Queensland

sdiv 3 (ss 81Q–81T) ins 2014 SL No. 198 s 3

81QApplication of sdiv 3

This subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver outside Queensland.

sdiv 3 (ss 81Q–81T) ins 2014 SL No. 198 s 3

81RResponsibilities of generator

(1)When the generator gives the waste to the transporter, the generator must—
(a)give to the transporter the prescribed information about the waste; and
(b)record the prescribed information about the waste.

Maximum penalty—20 penalty units.

(2)The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after giving the waste to the transporter.

Maximum penalty—20 penalty units.

(3)The generator must keep the record mentioned in subsection (1)(b) for at least 5 years.

Maximum penalty—20 penalty units.

sdiv 3 (ss 81Q–81T) ins 2014 SL No. 198 s 3

81SResponsibilities of transporter

(1)While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 81R(1)(a).

Maximum penalty—20 penalty units.

(2)Within 7 days of becoming aware of a discrepancy in information received from the generator under section 81R(1)(a), the transporter must give written notice of the discrepancy to the administering authority.

Maximum penalty—20 penalty units.

sdiv 3 (ss 81Q–81T) ins 2014 SL No. 198 s 3

81TResponsibilities of waste handler acting in more than 1 capacity

If a person is both the generator and the transporter—
(a)section 81R(1)(a) does not apply; and
(b)section 81R otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation of the waste; and
(c)section 81S(1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and
(d)section 81S(2) does not apply.

sdiv 3 (ss 81Q–81T) ins 2014 SL No. 198 s 3

Division 4 Miscellaneous

div hdg ins 2014 SL No. 198 s 3

81UApplication of provisions to agents

(1)This section applies if—
(a)a waste handler is required by a provision of division 3 (the waste tracking provision) to do something; and
(b)the waste handler enters a written agreement with another person (the agent) to do the thing for the waste handler; and
(c)the agreement states the agent is aware of subsection (3).
(2)It is a defence to a charge of contravening the waste tracking provision for the waste handler to show—
(a)the waste handler entered the agreement with the agent; and
(b)the contravention was directly caused by a failure of the agent to do something in compliance with the agreement.
(3)The waste tracking provision applies to the agent, to the extent the agent has agreed to do something required by the provision, as if a reference in the provision to the waste handler were a reference to the agent.

s 81U ins 2014 SL No. 198 s 3

81VGiving information to administering authority in prescribed form

(1)The chief executive must prepare forms (each a prescribed form) for use in giving information to the administering authority under division 3.
(2)Each form mentioned in section 81F(a) or (b) must be marked with a unique identifier consisting of numbers, letters or both.
(2A)If a waste handler gives information in a form mentioned in section 81F(c), the waste handler must ensure a unique identifier (consisting of numbers, letters or both) is stated for each load of trackable waste mentioned in the form.
(3)The chief executive must make the forms available to the public, whether published on the department’s website or otherwise, on payment of a reasonable fee.
(4)If a person obtains a prescribed form from the chief executive and uses it to give information to the administering authority under division 3 about the transportation of trackable waste, the number marked on the form under subsection (2) is the unique identifier for the load of waste.

s 81V ins 2014 SL No. 198 s 3

amd 2016 SL No. 172 s 6

81WApproval of ways of giving information to administering authority

(1)A person may apply to the administering executive for approval of a particular way of giving prescribed information to the administering authority under division 3.
(2)The applicant must, within the time required by the administering executive—
(a)give the administering executive the information the executive reasonably requires to decide the application; and
(b)pay the reasonable fee required by the executive for assessing the application.
(3)If the applicant does not comply with subsection (2), the application lapses.
(4)The administering executive may approve the way of giving prescribed information if the executive is satisfied—
(a)it is a reliable, effective, timely and efficient way for the information to be given to the administering authority; and
(b)the information will be secure while it is being given; and
(c)the information will be given in a form that enables the authority to access, record and otherwise deal with the information; and
(d)it includes a system for assigning an appropriate unique identifier (consisting of numbers, letters or both) to each transportation of trackable waste for which information is given; and
(e)it would otherwise be an appropriate way for the information to be given.

Example—

The administering executive may approve a system under which a person transmits information from the person’s database direct to the administering authority in a particular electronic form. Under the system, the information given about the transportation of a load includes a unique identifier consisting of the first 3 letters of the transporter’s name, the date and the number of the load being transported on that day.
(5)An approval under subsection (4) may be given on reasonable conditions.
(6)After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following—
(a)whether the application is approved or refused;
(b)if the application is approved—
(i)any conditions of the approval; and
(ii)the prescribed time for giving the information;
(c)if the application is refused—the reasons for the decision;
(d)the review of appeal details for the decision.
(7)If the administering executive has not decided the application by the due day, the application is taken to have been refused.
(8)To remove doubt, it is declared that the administering executive may approve, under this section, a way of giving information, even though no-one has applied for the approval.
(9)In this section—
due day, for deciding an application, means—
(a)the sixtieth day after the application is made, not including a day the administering executive asks for information under subsection (2)(a), a day the applicant gives the requested information, and any days in between; or
(b)any later day agreed between the administering executive and the applicant.

s 81W ins 2014 SL No. 198 s 3

81XConsignment numbers for waste transported into Queensland

(1)A person may apply to the administering executive for a consignment number for—
(a)a load of trackable waste to be transported into Queensland from another State; or
(b)loads of trackable waste to be transported into Queensland from another State over a 12-month period.
(2)The application must be in the approved form.
(3)The applicant must give to the administering executive any of the following information the executive requests—
(a)information mentioned in schedule 2F, section 1, about the load;
(b)information the executive reasonably requires to decide the application.
(4)The administering executive must approve the application for a consignment number if the executive is satisfied—
(a)the intended transporter holds, or is acting under, an environmental authority for transporting the waste to the intended receiver; and
(b)the intended receiver holds, or is acting under, an environmental authority for carrying out the intended treatment of the waste.
(5)After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following—
(a)whether the application is approved or refused;
(b)if the application if approved—the consignment number assigned to the load or loads of trackable waste;
(c)if the application is refused—
(i)the reasons for the decision; and
(ii)the review or appeal details for the decision.
(6)If the administering executive has not decided the application by the due day, the executive is taken to have refused the application.
(7)In this section—
due day, for deciding an application, means—
(a)the tenth business day after the application is made, not including a day the administering executive asks for information under subsection (3), a day the applicant gives the requested information, and any days in between; or
(b)any later day agreed between the administering executive and the applicant.
intended treatment, for trackable waste to be transported into Queensland, means the way the waste is to be treated, disposed of, stored or otherwise dealt with by the receiver.

s 81X ins 2014 SL No. 198 s 3

81YExemptions

(1)A person may apply to the administering authority for an exemption for the transportation of trackable waste to which this part applies.

Note—

See section 81C for the trackable waste to which this part applies.
(2)The person must give the administering authority the information the authority reasonably requires to decide the application.
(3)The administering authority may grant the exemption if the authority is satisfied the waste does not show any environmentally significant characteristics.

Example—

A person operates a food processing facility. Waste from the facility includes filter cake (a trackable waste), which the person sends away for disposal at the end of each week. The filter cake derives only from the washing of vegetables and consists almost entirely of sand and dirt. Analysis of the filter cake establishes that it does not show any environmentally significant characteristics.

The administering authority decides to grant the person an exemption for the transportation of each of these weekly loads. The exemption is given on conditions about the process that generates the filter cake, to ensure it will not show any environmentally significant characteristics.

(4)An exemption may be given on reasonable conditions.
(5)After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following—
(a)whether or not the exemption is granted;
(b)if the exemption is granted—any conditions of the exemption;
(c)if the exemption is refused—the reasons for the decision;
(d)the review or appeal details for the decision.
(6)If the administering authority has not decided the application for exemption by the due day, the authority is taken to have refused the application.
(7)In this section—
due day, for deciding an application, means—
(a)the thirtieth day after the application is made, not including a day the administering authority asks for information it reasonably requires to decide the application, a day the applicant gives the requested information, and any days in between; or
(b)any later day agreed between the administering authority and the applicant.

s 81Y ins 2014 SL No. 198 s 3

81ZEmergencies

If a person is charged with an offence against a provision of this part, it is a defence to the charge for the person to prove the act or omission constituting the failure to comply with the provision—
(a)was carried out, or happened, in the exercise of a power under chapter 9, part 4 of the Act; or
(b)was carried out, or happened, under an emergency direction; or
(c)was reasonably necessary because of an emergency.

s 81Z ins 2014 SL No. 198 s 3

81ZATrackable waste to be given only to licensed transporter

(1)A generator of trackable waste must not give the waste to another person to transport it for a fee or reward, or in a load of more than 250kg, in a vehicle unless the other person holds, or is acting under, an environmental authority for transporting the waste in the vehicle.

Maximum penalty—20 penalty units.

(2)If a person is charged with an offence under subsection (1), it is a defence to the charge for the person to prove there were reasonable grounds for believing the other person had an environmental authority for transporting the waste in the vehicle.

s 81ZA ins 2014 SL No. 198 s 3

81ZBGenerator identification number

On application by a person in the approved form, the administering executive must assign the person a generator identification number.

Note—

The generator identification number is mentioned in the prescribed information for a generator under schedule 2F, section 1.

s 81ZB ins 2014 SL No. 198 s 3

Chapter 5A Waste management by local governments

ch hdg ins 2014 SL No. 198 s 3

Part 1 Preliminary

pt hdg ins 2014 SL No. 198 s 3

81ZCApplication of ch 5A

This chapter applies to a local government area unless—
(a)the local government for the area makes a local law about waste management for the area; and
(b)the local law states it replaces this chapter.

s 81ZC ins 2014 SL No. 198 s 3

amd 2016 SL No. 160 s 3; 2017 SL No. 97 s 3; 2018 SL No. 84 s 3

81ZDReferences to local government

In this chapter, a reference to a local government in the context of dealing with waste produced at relevant premises is a reference to the local government for the local government area in which the relevant premises is situated.

s 81ZD ins 2014 SL No. 198 s 3

81ZEMeaning of serviced premises

Relevant premises in a local government area are serviced premises if—
(a)the relevant premises are in an area designated by the local government under the Waste Reduction and Recycling Regulation 2011, section 7 as an area in which the local government may conduct general waste collection; or
(b)the local government has required the owner or occupier of the relevant premises to arrange for removal of general waste from the relevant premises.

s 81ZE ins 2014 SL No. 198 s 3

Part 2 Waste management in local government areas

pt hdg ins 2014 SL No. 198 s 3

Division 1 Storage of general waste

div 1 (ss 81ZF–81ZI) ins 2014 SL No. 198 s 3

81ZFOwner or occupier of relevant premises to supply waste containers

(1)The owner or occupier of relevant premises in a local government area must—
(a)subject to subsection (2), supply enough standard general waste containers at the relevant premises to contain the general waste produced at the premises; or
(b)if required by the local government, supply at the relevant premises, enough waste containers, other than standard general waste containers, to contain the general waste produced at the relevant premises.

Examples of ways a local government may require waste containers for paragraph (b)—

by a local law, resolution of the local government, development approval for the premises

Maximum penalty—20 penalty units.

(2)However, subsection (1)(a) does not apply if the local government supplies to the relevant premises the number of standard general waste containers the local government reasonably considers is required at the relevant premises.
(3)If the local government supplies a standard general waste container to relevant premises under subsection (2), the reasonable cost of supplying the container is a debt payable by the owner or occupier of the relevant premises to the local government.
(4)However, subsection (3) does not prevent a local government from supplying a standard general waste container to relevant premises without cost to the owner or occupier of the relevant premises.

div 1 (ss 81ZF–81ZI) ins 2014 SL No. 198 s 3

81ZGRequirements for storing general waste in waste containers

(1)The occupier of relevant premises must—
(a)store general waste at the relevant premises in a standard general waste container or, if required by the local government, in another type of waste container; and

Examples of ways a local government may require waste to be stored in another type of waste container—

by a local law, resolution of the local government, development approval for the premises
(b)keep each waste container at the relevant premises clean and in good repair; and
(c)ensure that each waste container at the relevant premises is securely covered, except when the waste is being placed in, or removed from, the container or the container is being cleaned.

Maximum penalty—20 penalty units.

(2)A person must not—
(a)place any of the following in a waste container—
(i)a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container;
(ii)material that is smouldering or aflame;
(iii)matter or a thing that is alive; or
(b)remove or disturb the cover of a waste container, except when placing waste in or cleaning the container; or
(c)use or damage a waste container so that it is not weatherproof or serviceable or can not be securely covered; or
(d)disturb or otherwise interfere with the contents of a waste container.

Maximum penalty—20 penalty units.

(3)The occupier of the relevant premises must not allow a person to place a thing in a waste container at the premises in contravention of subsection (2)(a).

Maximum penalty—20 penalty units.

(4)It is a defence in a proceeding against a person for an offence under subsection (3) for the person to prove the contravention was due to causes over which the person had no control.

div 1 (ss 81ZF–81ZI) ins 2014 SL No. 198 s 3

81ZHGeneral requirements for keeping waste containers at serviced premises

(1)Subject to subsection (2), the occupier of serviced premises must ensure that a waste container supplied for the premises is kept—
(a)if the local government requires the container be kept at a particular place at the premises—at the place; or

Examples of ways a local government may require waste containers to be kept at a particular place—

by a local law, resolution of the local government, development approval for the premises
(b)otherwise—at ground level close to the rear alignment of a building at the premises.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not prevent the occupier of the serviced premises from placing a waste container in a place outside the premises for the collection of general waste from the container, if—
(a)the local government has arranged to collect waste from the container at the place; and
(b)the container is in the place for no longer than—
(i)the period, if any, allowed under a local law of the local government; or
(ii)is otherwise reasonably appropriate before and after the collection.

Example of a place outside serviced premises—

the kerb adjacent to the serviced premises
(3)If a local government has arranged for the collection of general waste from a waste container at the serviced premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste.

Maximum penalty—20 penalty units.

(4)It is a defence in a proceeding against a person for an offence under subsection (3) for the person to prove the contravention was due to causes over which the person had no control.

div 1 (ss 81ZF–81ZI) ins 2014 SL No. 198 s 3

81ZIOther requirements for storing general waste at particular serviced premises

(1)This section applies to any of the following persons (each a prescribed person) for serviced premises, other than a single detached dwelling—
(a)the owner or occupier of the premises;
(b)the registered suitable operator for a prescribed environmentally relevant activity carried out at the premises;
(c)the holder of an environmental authority for a mining activity or petroleum activity carried out at the premises.
(2)The prescribed person must, if required by the local government, ensure each of the following is supplied at the premises—
(a)either—
(i)an elevated stand at a level required by the local government for holding all waste containers; or
(ii)an imperviously paved area, drained as required by the local government, where all waste containers can be placed;
(b)a hose cock and hose in the vicinity of the stand or paved area;
(c)a suitable enclosure for the area where the waste containers are kept.

Examples of ways a local government may require a prescribed person to comply with subsection (2)—

by a local law, resolution of the local government, development approval

Maximum penalty for subsection (2)—20 penalty units.

div 1 (ss 81ZF–81ZI) ins 2014 SL No. 198 s 3

Division 2 Removal of general waste

div 2 (ss 81ZJ–81ZK) ins 2014 SL No. 198 s 3

81ZJLocal government may give notice about removal of general waste

(1)This section applies to a local government that has arranged for the removal of general waste produced at a relevant premises.
(2)The local government may give the occupier of the relevant premises a written notice stating—
(a)the days on which the waste is to be collected; and
(b)where the waste container is to be placed for collection of the waste (the designated location); and
(c)the time by which the waste container is to be placed in the designated location for collection of the waste.

div 2 (ss 81ZJ–81ZK) ins 2014 SL No. 198 s 3

81ZKDepositing or disposal of general waste from premises other than serviced premises

(1)This section applies if general waste is produced at a relevant premises, other than serviced premises.
(2)The local government may—
(a)give a written approval to the owner or occupier of the relevant premises for depositing or disposing of the waste; and
(b)impose conditions on the approval, including, for example, conditions about—
(i)the place for depositing or disposing of the waste; or
(ii)the method of depositing or disposing of the waste.
(3)A person must not deposit or dispose of the waste unless the person deposits or disposes of the waste—
(a)at a waste facility in accordance with part 3; or
(b)in accordance with—
(i)an approval under subsection (2) for disposal of the waste; and
(ii)if the approval has been given on conditions, the conditions of the approval.

Maximum penalty for subsection (3)—20 penalty units.

div 2 (ss 81ZJ–81ZK) ins 2014 SL No. 198 s 3

Division 3 Storage and treatment of industrial waste

div 3 (ss 81ZL–81ZM) ins 2014 SL No. 198 s 3

81ZLRequirements for storing industrial waste

(1)The occupier of relevant premises where there is industrial waste must, if required by the local government—
(a)supply at the premises the number of industrial waste containers required by the local government for storing the waste at the premises safely, efficiently and without causing a nuisance; and
(b)keep the waste containers at a place at the premises the local government requires; and
(c)keep each waste container clean and in good repair.

Examples of ways a local government may require compliance with subsection (1)—

by a local law, resolution of the local government, development approval

Maximum penalty—20 penalty units.

(2)If the occupier does not supply at the relevant premises the number of industrial waste containers required by the local government for subsection (1)(a), the local government may supply industrial waste containers at the premises.
(3)If a local government supplies an industrial waste container to relevant premises under subsection (2), the reasonable cost of supplying the container is a debt payable by the occupier of the premises to the local government.
(4)In this section—
industrial waste container means a waste container of a type approved by the local government for storing industrial waste at premises within the local government’s area.

div 3 (ss 81ZL–81ZM) ins 2014 SL No. 198 s 3

81ZMRequirement to treat industrial waste for disposal

The occupier of relevant premises where there is industrial waste must, if required by the local government, treat the waste to a standard approved by the local government for disposal of the waste at a waste facility.

Examples of ways a local government may require an occupier to treat industrial waste for disposal—

by a local law, resolution of the local government, development approval for the premises

Maximum penalty—40 penalty units.

div 3 (ss 81ZL–81ZM) ins 2014 SL No. 198 s 3

Division 4 Compliance notices

div 4 (s 81ZN) ins 2014 SL No. 198 s 3

81ZNAuthorised person may give notice to comply

(1)If an authorised person believes on reasonable grounds that a person (an affected person) has contravened division 1, 2 or 3, the authorised person may give the affected person a written notice about the contravention.
(2)The notice must state—
(a)the act or omission comprising the contravention; and
(b)the action the affected person must take to rectify the alleged contravention; and
(c)the day by which the affected person must take the action.
(3)The stated day must be at least 28 days after the notice is given.
(4)If an affected person is given a notice under subsection (1), the person must comply with the notice unless the person has a reasonable excuse for not complying with it.

Maximum penalty—10 penalty units.

(5)If an affected person is given a notice under subsection (1) in relation to an alleged contravention of division 1, 2 or 3, the person can be prosecuted for the contravention only if the person does not comply with the notice.
(6)However, this section does not require an authorised person to give a person a notice under subsection (1) before the person may be prosecuted for a contravention of division 1, 2 or 3.

div 4 (s 81ZN) ins 2014 SL No. 198 s 3

Part 3 Receiving and disposing of waste

pt 3 (ss 81ZO–81ZR) ins 2014 SL No. 198 s 3

81ZOUnlawful disposal of waste at waste facility

(1)A person must not deposit the following waste at a waste facility—
(a)liquid or semiliquid waste;
(b)hot ash;
(c)material that is smouldering or aflame;
(d)material that can spontaneously combust;
(e)material containing a substance that may be harmful to persons or property because, if it reacts with air or water, it may produce toxic gases or become corrosive or explosive;
(f)an explosive;
(g)ammunition, other than ammunition that no longer contains explosives, pyrotechnics or propellants apart from trace residues that are no longer capable of supporting combustion or an explosive reaction.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to waste deposited with the consent of—
(a)the person who—
(i)is the registered suitable operator for the facility; or
(ii)holds an environmental authority for the facility; or
(b)the person in charge of the facility.

pt 3 (ss 81ZO–81ZR) ins 2014 SL No. 198 s 3

81ZPRestrictions on burning waste at waste facility

A person must not set fire to, or burn, waste at a waste facility other than—
(a)under an environmental authority; or
(b)under a development condition of a development approval; or
(c)under the Fire and Emergency Services Act 1990.

Maximum penalty—20 penalty units.

pt 3 (ss 81ZO–81ZR) ins 2014 SL No. 198 s 3

81ZQRestrictions on use of waste facility

(1)A person must not, without the consent of a waste facility’s owner or operator—
(a)enter the facility other than to deposit waste; or
(b)remain on the facility after depositing waste; or
(c)interfere with waste at, or remove waste from, the facility.

Maximum penalty—10 penalty units.

(2)Subsection (1) does not apply to—
(a)the facility’s owner or operator; or
(b)an authorised person.

pt 3 (ss 81ZO–81ZR) ins 2014 SL No. 198 s 3

81ZRWaste transporter to comply with directions and give information

(1)This section applies to a person who transports waste to a waste facility.
(2)The person must—
(a)comply with all relevant and reasonable directions contained in any sign displayed at the facility by the facility’s owner or operator; and
(b)deal with the waste in accordance with reasonable instructions given by the person in charge of the facility; and
(c)if asked by the facility’s owner or operator—give information to the owner or operator about the type and amount of waste being delivered.

Maximum penalty—10 penalty units.

pt 3 (ss 81ZO–81ZR) ins 2014 SL No. 198 s 3

Part 4 Devolution of powers

pt hdg ins 2014 SL No. 198 s 3

81ZSDevolution—waste management in local government areas—Act, s 514

The administration and enforcement of part 2 is devolved to each local government for its local government area.

s 81ZS ins 2014 SL No. 198 s 3

81ZTDevolution—receiving and disposing of waste—Act, s 514

The administration and enforcement of part 3, to the extent it relates to a waste facility owned, operated or otherwise controlled by a local government, is devolved to that local government.

s 81ZT ins 2014 SL No. 198 s 3

Part 5 [Repealed]

pt hdg ins 2014 SL No. 198 s 3

om 2018 SL No. 84 s 4

Chapter 6 National Pollutant Inventory

Part 1 Preliminary

82Purpose of ch 6

The purpose of this chapter is to give effect to, and enforce compliance with, the ‘National Environment Protection (National Pollutant Inventory) Measure 1998’ (the NPI NEPM) made under the National Environment Protection Council Act 1994 (Cwlth), section 14.

Editor’s note—

The NPI NEPM is available for inspection, free of charge, during business hours, at the department’s head office. On the day this regulation was notified in the gazette, the NPI NEPM was also available on the website of the Department of the Environment.

83Definitions for ch 6

In this chapter—
published means published by the Commonwealth.
reporting period, for a facility, means the facility’s reporting period under section 86.
reporting requirement, for an occupier of a reporting facility, means the requirement for the occupier to give information to the chief executive under section 85(2) or (7).
reporting threshold, for a substance, means the reporting threshold for the substance under the NPI NEPM.

s 83 def reporting threshold amd 2013 SL No. 25 s 33

84Expressions in this part have same meaning as under NPI NEPM

Unless this regulation provides otherwise, expressions in this part that are defined under the NPI NEPM have the same meaning as they have in the NPI NEPM.

Part 2 Reporting requirements

85Occupiers of reporting facilities to give information

(1)This section applies to the occupier of a reporting facility that, under NPI NEPM, exceeds the reporting threshold for a substance in the facility’s reporting period.
(2)The occupier must, within 3 months after the end of the reporting period, give the chief executive the following, unless the occupier has a reasonable excuse—
(a)the information mentioned in NPI NEPM, section 9(1);
(b)a statement about the information that complies with NPI NEPM, section 9(6).

Maximum penalty—20 penalty units.

(3)However, this section does not apply until—
(a)the Commonwealth and the State agree that the ANZSIC code for 1 or more activities carried out at the facility (the code) is an industry type required to report under this measure; and
(b)the Commonwealth has included the code on a published list as an industry type required to report under this measure; and
(c)the Commonwealth publishes industry reporting materials for the code.
(4)Also, this section does not apply to mandatory transfer data mentioned in NPI NEPM, section 9(1), until the Commonwealth publishes industry reporting materials for transfers.
(5)Subsection (2) is subject to sections 94 and 96.
(6)If the chief executive requires further information in relation to the information mentioned in NPI NEPM, section 9(1)(e) or (g), the chief executive may give the occupier a written notice stating—
(a)the information required; and
(b)why the information is required; and
(c)a reasonable period of at least 30 business days for compliance; and
(d)the review or appeal details for the decision to give the notice.
(7)The occupier must comply with the notice unless the occupier has a reasonable excuse.

Maximum penalty—20 penalty units.

86Reporting period for reporting facility

(1)The reporting period for a reporting facility is—
(a)a financial year; or
(b)if the chief executive decides the occupier of the facility is required to collect or collate data similar to emission data or mandatory transfer data on the basis of a different annual reporting period—the annual reporting period decided by the chief executive.
(2)The chief executive may make a decision under subsection (1)(b)—
(a)on the chief executive’s own initiative; or
(b)on a written application for a particular reporting period (a reporting period application) made to the chief executive by the occupier.
(3)As soon as practicable after making the decision, the chief executive must give the occupier a written notice (a reporting period notice) about the decision.
(4)The reporting period notice about the decision is an information notice about the decision if—
(a)the decision has been made on the chief executive’s own initiative; or
(b)the occupier has made a reporting period application and the chief executive has refused it.
(5)If the occupier makes a reporting period application and the chief executive fails to give the occupier a reporting period notice within 40 days after the application is made, the failure is taken to be a decision by the chief executive to refuse the application at the end of the 40 days.

87Occupier must keep particular information for 3 years

(1)Subsection (2) applies to the occupier of a reporting facility for keeping the information used in deciding if the reporting threshold for a substance is exceeded in the reporting period for the facility.
(2)The occupier must keep the information for 3 years after the reporting period ends.

Maximum penalty—20 penalty units.

(3)Subsection (4) applies to the occupier of a reporting facility for keeping the information required to assess the emission data and mandatory transfer data given to the chief executive under section 85(2) or (7).
(4)The occupier must keep the information for 3 years after—
(a)the emission data and mandatory transfer data are required to be given to the chief executive under section 85(2); or
(b)if the chief executive requires information under a notice given under section 85(6), the period for compliance stated in the notice.

Maximum penalty—20 penalty units.

88Minister may name occupier in report to council

(1)This section applies to the occupier of a reporting facility if the Minister is satisfied the occupier has contravened any of the following (each of which is a relevant provision)—
(a)section 85(2) or (7);
(b)section 480, 480A or 481 of the Act for giving information required to be given under section 85.
(2)If the Minister is satisfied it is appropriate in the circumstances, the Minister may, in the Minister’s implementation report, name the occupier as a person who the Minister is satisfied has contravened a relevant provision.
(3)In deciding whether it is appropriate in the circumstances to name an occupier in the implementation report, the Minister must have regard to the following relevant matters—
(a)any mitigating or aggravating circumstances;
(b)whether the occupier has previously contravened a relevant provision and any action taken against the occupier for the contravention;
(c)whether naming the occupier would be unreasonably harsh or oppressive.
(4)Before naming the occupier in the report, the Minister must give the occupier a written notice stating the following—
(a)that the Minister proposes naming the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision;
(b)the grounds for the proposed action;
(c)that the occupier may make, within a stated period (the show cause period) written representations to show why the proposed action should not be taken.
(5)The show cause period must end not less than 28 days after the notice is given to the occupier.
(6)The Minister must consider the written representations, if any, made by the occupier during the show cause period.
(7)If after considering the representations the Minister still considers it is appropriate to name the person in the report, the Minister may do so.
(8)The Minister must give the occupier written notice of the decision stating the following—
(a)that the Minister has decided to name the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision, and the reasons for the decision;
(b)the review or appeal details for the decision.
(9)In this section—
implementation report means the Minister’s report to the council under the National Environment Protection Council (Queensland) Act 1994, section 23.

s 88 amd 2016 SL No. 116 s 5

Part 3 Estimation techniques for emission and transfer data

89Occupier of reporting facility must use estimation technique

(1)The occupier of a reporting facility must use a technique (an estimation technique) for estimating emission data and mandatory transfer data for complying with the facility’s reporting requirements.
(2)The estimation technique must be—
(a)a technique for estimating the data for the reporting facility, approved by the chief executive under section 92 or 93; or
(b)if paragraph (a) does not apply—the technique for estimating the data set out in the industry reporting materials for the relevant type of reporting facility.

90When chief executive may approve estimation technique

The chief executive may approve an estimation technique for use by the occupier of a reporting facility (an estimation technique approval) if—
(a)there is no estimation technique for estimating emission data and mandatory transfer data set out in the relevant industry reporting materials for the reporting facility; or
(b)both—
(i)there is an estimation technique (the existing technique) for estimating the data set out in the relevant industry reporting materials for the reporting facility; and
(ii)the chief executive reasonably considers another technique is likely to provide more representative emission data and mandatory transfer data than the existing technique.

91Application for approval of estimation technique

(1)The occupier of a reporting facility may apply to the chief executive for an estimation technique approval (an estimation technique application).
(2)The estimation technique application must—
(a)set out the estimation technique for which approval is sought; and
(b)give the information necessary to enable the chief executive to decide the application.
(3)The chief executive may give the occupier a written notice asking the occupier to give to the chief executive, in the reasonable period stated in the notice, further information the chief executive reasonably considers necessary to decide the application.
(4)A notice under subsection (3) is an information notice about the chief executive’s decision to ask for the further information.

92Deciding estimation technique application

(1)For deciding an estimation technique application, the chief executive must—
(a)approve the estimation technique for which approval is sought (the proposed technique); or
(b)refuse to approve the proposed technique; or
(c)approve the proposed technique subject to a modification decided by the chief executive; or
(d)approve another estimation technique.
(2)In deciding whether to approve the proposed technique, or approve another estimation technique, the chief executive must have regard to the representativeness of the proposed technique compared with the representativeness of estimation techniques in the relevant industry reporting materials for the reporting facility.
(3)The chief executive may refuse to approve the proposed technique if—
(a)the chief executive has given the occupier a notice under section 91(3) asking for further information; and
(b)the occupier does not comply with the request in the period stated in the notice.
(4)The chief executive must give the occupier written notice of the decision under subsection (1) as soon as possible after making the decision.
(5)If the chief executive decides to approve the technique subject to a modification, the notice must state the modification.
(6)If the chief executive refuses to approve the proposed technique, approves it subject to a modification or approves another estimation technique, the chief executive must give an information notice about the decision.
(7)Subsection (8) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision—
(a)within 40 days after the application is made; or
(b)if the occupier gave the chief executive further information requested under section 91(3)—within 40 days after receiving the further information.
(8)The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to approve the proposed technique.

93Approval of estimation technique on chief executive’s initiative

(1)The chief executive may, at any time, give an estimation technique approval for a reporting facility.
(2)Before giving an estimation technique approval, the chief executive must give the occupier of the reporting facility a written notice stating that the chief executive will give the approval within a stated period of not less than 14 days unless the occupier makes an estimation technique application.
(3)If the occupier does not make an estimation technique application within the stated period, the chief executive must give the occupier—
(a)a notice stating the estimation technique approved by the chief executive; and
(b)an information notice about the decision to approve the estimation technique.

Part 4 Exceptions to reporting requirements

94Exemption on ground of national security

(1)This section applies if the occupier of a facility gives the chief executive written evidence that—
(a)the occupier has made a claim to the Commonwealth under NPI NEPM that information required to be given by the occupier under section 85(2) should be treated as confidential on the grounds of national security; and
(b)the claim—
(i)has been granted; or
(ii)has not been assessed before the occupier is required to give the chief executive the information.
(2)Subject to subsections (3) and (4), the occupier is exempted from giving the chief executive the information.
(3)Subsection (4) applies if—
(a)the exemption is given under subsection (1)(b)(ii); and
(b)the Commonwealth refuses the claim after the occupier is required to give the chief executive the information.
(4)The occupier must give the chief executive the information within the later of the following—
(a)3 months after the end of the reporting period;
(b)10 business days after receiving notice of the Commonwealth’s decision to refuse the claim.

95Claiming exemption on ground of commercial confidentiality

(1)The occupier of a facility may, by written notice given to the chief executive, claim information that the occupier is required to give under section 85(2) or (7) should be treated as confidential on the grounds of commercial confidentiality.
(2)The notice must contain the information necessary to enable the chief executive to decide the claim.
(3)The chief executive may, by written notice to the occupier, ask the occupier to give the chief executive, in the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the claim.
(4)A notice under subsection (3) must be accompanied by an information notice about the chief executive’s decision to make the request.

96Deciding claim for exemption on ground of commercial confidentiality

(1)The chief executive may grant the claim only if the chief executive reasonably believes the information would be—
(a)exempt information under the Right to Information Act 2009; or
(b)information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009, schedule 4, part 4, item 7.
(2)If the chief executive grants the claim—
(a)the chief executive must give the occupier a notice about the decision; and
(b)the occupier is exempted from giving the chief executive the information for the period stated in the notice.
(3)The chief executive may refuse to grant the claim if the chief executive has given the occupier a notice under section 95(3) asking for further information and the occupier does not comply with the request in the period stated in the notice.
(4)The chief executive must give the occupier written notice of the chief executive’s decision on the claim.
(5)If the chief executive refuses to grant the claim, the notice must be an information notice about the decision to refuse the claim.
(6)Subsection (7) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision on the claim—
(a)within 60 days after the claim is made; or
(b)if the occupier gave the chief executive further information under section 95(3)—within 60 days after receiving the further information.
(7)The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the claim at the end of the relevant 60 days.

s 96 amd 2009 Act No. 13 s 213 sch 5

Part 5 Other matters

97Information not to be used as evidence

Information given by the occupier of a reporting facility under this chapter is not admissible in evidence in proceedings against the occupier, other than for an offence against section 480, 480A or 481 of the Act.

s 97 amd 2016 Act No. 116 s 6

Chapter 7 Administration

Part 1 Devolution of powers

Division 1 Matters devolved to local government

98Environmental nuisance

The administration and enforcement of the following provisions of the Act is devolved to each local government for its local government area—
(a)section 440;
(b)section 443A.

s 98 amd 2018 SL No. 97 s 10

99Noise standards

The administration and enforcement of the following provisions of the Act is devolved to each local government for its local government area—
(a)section 440Q;
(b)chapter 8, part 3B, division 3.

100Water contamination

The administration and enforcement of chapter 8, part 3C of the Act is devolved to each local government for its local government area.

101Particular prescribed ERAs

(1)The administration and enforcement of the Act in relation to the following prescribed ERAs is devolved to a prescribed local government where the activity is, or is to be, carried out in its local government area—
(a)each of the following prescribed ERAs—
(i)asphalt manufacturing;
(ii)plastic product manufacturing;
(iii)metal forming;
(b)each of the following prescribed ERAs carried out within the stated threshold mentioned for the activity—
(i)metal recovery, for—
(A)recovering less than 100t of metal in a day; or
(B)recovering, without using a fragmentiser, 100t or more of metal in a day or 10,000t or more of metal in a year;
(ii)surface coating, for anodising, electroplating, enamelling or galvanising using 1t to 100t of surface coating materials in a year;
(iii)waste incineration and thermal treatment, for incinerating waste vegetation, clean paper or cardboard;
(c)boat maintenance or repair, but only to the extent the activity is, or is to be, carried out at a boat maintenance or repair facility.

Note—

See schedule 2, sections 6, 12, 19, 20, 38, 49 and 61.
(2)In this section—
prescribed local government means a local government, other than a local government mentioned in schedule 8A.

s 101 amd 2008 SL No. 439 s 4; 2009 SL No. 145 s 5; 2013 SL No. 25 s 34; 2013 SL No. 271 s 6; 2018 SL No. 40 s 8

102Devolution includes statutory instruments under Act

To remove any doubt, it is declared that the administration and enforcement of the Act in relation to a matter devolved to a local government under this division includes the administration and enforcement of statutory instruments made under the Act in relation to the matter.

s 102 amd 2010 SL No. 363 s 7

Division 2 Matters not devolved to local government

103Issuing particular notices and orders

Despite division 1, the administration and enforcement of chapter 7, parts 5, division 2, 5B and 5C of the Act is not devolved to a local government, regardless of whether or not a matter to which part 5, division 2, 5B or 5C of the Act relates is otherwise devolved to a local government.

s 103 amd 2016 SL No. 116 s 7

104Record keeping for particular fuel suppliers

Despite section 101, the administration and enforcement of chapter 5, part 6 is not devolved to a local government, regardless of whether or not an activity to which the part relates is otherwise devolved to a local government.

s 104 amd 2009 SL No. 145 s 2 sch

105Enforcing compliance with NPI NEPM

Despite section 101, the administration and enforcement of chapter 6 is not devolved to a local government, regardless of whether or not an activity to which the chapter relates is otherwise devolved to a local government.

106Other particular acts, omissions or activities

(1)This section applies despite division 1.
(2)The administration and enforcement of a provision of the Act mentioned in sections 98 to 100 is not devolved to a local government if the administration and enforcement of the provision relates to—
(a)a thing that is, or is claimed to have been, done, or omitted to be done, by a State or local government entity; or
(b)an environmentally relevant activity that is not devolved to a local government.
(3)The administration and enforcement of the Act in relation to an environmentally relevant activity is not devolved to a local government if the activity is, or is to be, carried out by a State or local government entity.
(4)In this section—
State or local government entity means—
(a)the State; or
(b)a local government; or
(c)an instrumentality or agency of the State or a local government; or
(d)a government owned corporation; or
(e)a rail government entity under the Transport Infrastructure Act 1994.

s 106 amd 2008 SL No. 439 s 5; 2009 SL No. 145 s 6; 2013 Act No. 19 s 120 sch 1; 2016 SL No. 116 s 8

107Mobile and temporary activity across local government areas

(1)This section applies if a mobile and temporary environmentally relevant activity is, or is to be, carried out by a person in more than 1 local government area.
(2)Despite section 101, the administration and enforcement of the Act in relation to the activity is not devolved to a local government.

108Activity carried out at a facility with a non-devolved activity

(1)This section applies to an environmentally relevant activity (the subject activity)—
(a)that is, or is to be, carried out at a facility in a local government area; and
(b)to which, other than for this section, section 101 would apply.
(2)Despite section 101, the subject activity is not devolved to a local government if—
(a)the subject activity includes carrying out another environmentally relevant activity (the coextensive activity) at the same facility; and
(b)the administration and enforcement of the Act for the coextensive activity is not devolved to a local government.

Part 2 Enforcement

109Authorised persons—Act, s 445

For section 445(1)(c) of the Act, each of the following classes of persons is declared to be an approved class of persons—
(a)employees of a local government who are appointed as authorised persons by the local government’s chief executive officer;
(b)for the purposes only of sections 440J and 463A of the Act—
(i)authorised officers appointed under the Brisbane Forest Park Act 1977, section 42; or
(ii)authorised officers appointed under the Recreation Areas Management Act 2006, section 143; or
(iii)conservation officers appointed under the Nature Conservation Act 1992, section 127(1); or
(iv)inspectors appointed under the Marine Parks Act 2004, section 52.

Part 3 Review of decisions and appeal

110Original decisions and dissatisfied persons

(1)Chapter 11, part 3 of the Act applies to the following decisions as if the decision were a decision mentioned in schedule 2, part 2 of the Act—
(a)the following decisions of the administering executive—
(i)a decision, under section 81W, to refuse a way of giving information;
(ii)a decision, under section 81W, to approve a way of giving information subject to conditions;
(iii)a decision, under section 81X, to refuse an application for a consignment number for the transportation of trackable waste;
(b)a decision of the administering authority, under section 81Y
(i)to refuse an application (an exemption application) for an exemption for the transportation of particular trackable waste; or
(ii)to approve an exemption application subject to conditions;
(c)the following decisions of the chief executive—
(i)a decision to request information under section 85(6) for assessing the integrity of emission data given by an occupier of a reporting facility;
(ii)a decision under section 86(1)(b) about an annual reporting period for a reporting facility;
(iii)a decision to request information under section 92(3);
(iv)a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 92(5);
(v)a decision to request information to decide a claim for an exemption on the ground of commercial confidentiality under section 95(3);
(vi)a decision to refuse to grant a claim for exemption on the ground of commercial confidentiality under section 96.
(2)Chapter 11, part 3, division 1 and division 3, subdivision 2 of the Act apply to a decision of the Minister under section 88(8) to name the occupier of a reporting facility in the Minister’s implementation report as if the decision were a review decision.
(3)For a decision mentioned in subsection (1)(a) or (b), the dissatisfied person is the applicant.
(4)For a decision mentioned in subsection (1)(c) or (2), the dissatisfied person is the occupier of the reporting facility affected by the decision.

s 110 amd SL No. 198 s 4

Part 4 Registers

111Register of environmental reports

The administering authority must keep in the register of environmental reports the following information for each environmental evaluation it requires to be conducted or commissioned—
(a)the name of the recipient of the notice to conduct or commission the evaluation;
(b)the type of the evaluation;
(c)the day the notice requiring the evaluation is issued;
(d)for an evaluation of an activity the recipient has carried out, is carrying out, or proposes to carry out—
(i)the type of activity; and
(ii)if the activity is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; and
(iii)the address or location of the place where the activity has been, is being, or is proposed to be, carried out;
(e)for an evaluation of an event—the nature of the event and where it happened;
(f)the name of the person carrying out the evaluation;
(g)the day the report about the evaluation is submitted to the administering authority;
(h)the administering authority’s decision about the report;
(i)the action taken by the administering authority after deciding whether or not to accept the report.

s 111 amd 2013 SL No. 25 s 35

112Prescribed information for relevant monitoring programs—Act, s 540

(1)For section 540(1)(k) of the Act, the administering authority must keep the following information for each relevant monitoring program—
(a)the name of the person carrying out the activity to which the program relates;
(b)the type of the activity;
(c)for an activity mentioned in paragraph (a) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;
(d)the requirements under the program;
(e)the name of the person carrying out the program;
(f)the period covered by the program;
(g)the results of the program and any action taken by the administering authority because of the results.
(2)In this section—
relevant monitoring program means a monitoring program carried out under the following—
(a)the Act;
(b)a development condition of a development approval;
(c)a condition of an environmental authority.

s 112 sub 2013 SL No. 25 s 36

amd 2018 SL No. 97 s 11

113Register of transitional environmental programs

(1)The administering authority must keep in the register of transitional environmental programs the following information for each transitional environmental program submitted, or required to be submitted, to the authority—
(a)the name of the person or public authority submitting or required to submit the program;
(b)the activity the person or public authority has carried out, is carrying out, or proposes to carry out for which the program is submitted or required to be submitted;
(c)for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;
(d)the address or location of the place where the activity has been, is being, or is proposed to be, carried out;
(e)the aims of the program;
(f)the matters to be addressed by the program;
(g)the period over which the program is to be carried out;
(h)the day the program is submitted;
(i)if a certificate of approval is given for the program, the day the certificate is given;
(j)matters relating to compliance or noncompliance with the program.
(2)Also, if a certificate of approval for the program is subject to a condition that the person or public authority prepare a public statement about the environmental management of the activity, a copy of the statement must be included in the register.

s 113 amd 2013 SL No. 25 s 37

114Register of environmental protection orders

The administering authority must keep in the register of environmental protection orders the following information for each environmental protection order it issues—
(a)the name of the recipient of the order;
(b)the activity to which the order relates;
(c)for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;
(d)the address or location of the place where the activity has been, is being, or is proposed to be, carried out;
(e)the grounds for issuing the order;
(f)the requirements under the order;
(g)the day the order is issued;
(h)matters relating to compliance or noncompliance with the order.

s 114 amd 2013 SL No. 25 s 38

115Register of authorised persons

The administering authority must keep in the register of authorised persons information about the limitations, if any, stated in the instrument of appointment for each authorised person mentioned in the register.

Part 5 Suitably qualified persons and auditors

pt hdg ins 2013 SL No. 25 s 39

115APrescribed organisations for suitably qualified persons and auditors

Each organisation listed in schedule 8 is prescribed for—
(a)section 564 of the Act, definition suitably qualified person, paragraph (b); and
(b)section 572(b)(ii) of the Act.

s 115A ins 2013 SL No. 25 s 39

115BPrescribed regulatory function

For section 564 of the Act, definition regulatory function, paragraph (d), completing a statutory declaration under chapter 8, part 3 is prescribed.

s 115B ins 2013 SL No. 25 s 39

115CGuideline for application for approval as auditor—Act, s 570

For section 570(f) of the Act, the guideline called ‘Queensland auditor handbook for contaminated land, module 2: Auditor application requirements’, made by the chief executive and published on the department’s website, is prescribed.

s 115C prev s 115C ins 2013 SL No. 25 s 39

om 2015 SL No. 129 s 4

pres s 115C ins 2015 SL No. 164 s 3

115DCode of conduct for auditors—Act, s 574D

For section 574D(b) of the Act, the code of conduct called ‘Queensland auditor handbook for contaminated land, module 4: Code of professional conduct’, made by the chief executive and published on the department’s website, is prescribed.

s 115D ins 2015 SL No. 164 s 3

Chapter 8 Fees

ch 8 pt 4A hdg ins 2010 SL No. 363 s 8

om 2011 SL No. 248 s 8

ch 8 pt 5 hdg om 2013 SL No. 25 s 60

Part 1 Fees generally

116Fees payable under Act

(1)Schedule 10 and this chapter provide for fees payable under the Act.
(2)This chapter provides for annual fees payable for particular environmental authorities.

s 116 amd 2009 SL No. 145 s 7; 2013 SL No. 25 s 40

116ARecovery of unpaid amounts

For section 580(2)(a) of the Act, if a fee payable under the Act to an administering authority is not paid in full by the date prescribed for the relevant fee in this regulation or stated in a notice for the relevant fee, the authority may recover the unpaid amount as a debt owed to the authority.

s 116A ins 2013 SL No. 25 s 41

Part 2 Fees for devolved matters

117Fees and discounts made by resolution or local law

(1)This section applies if the administration and enforcement of the Act for a matter (the devolved matter) has been devolved to a local government.
(2)If—
(a)this chapter or schedule 10 prescribes a fee (the default fee) payable to the administering authority for the devolved matter; and
(b)the local government has made a resolution or local law prescribing a different fee (the local fee) payable for the devolved matter, whether higher or lower than the default fee;

the local fee is payable for the devolved matter instead of the default fee.

(3)Part 3, division 2 does not apply to a fee payable to the local government unless the local government makes a resolution or local law stating that part 3, division 2 applies to the fee.
(4)The local government can not make a resolution or local law to change the aggregate environmental score for the devolved matter.

s 117 amd 2013 SL No. 25 s 42

Part 3 Annual fees

ch 8 pt 3 div 4 hdg om 2013 SL No. 25 s 56

Division 1 General matters

118Meaning of annual fee

The annual fee for an environmental authority is—
(a)if the holder of the environmental authority is eligible to pay a reduced annual fee under division 2—the reduced annual fee; or
(b)for any other environmental authority—the fee worked out for the authority under section 120.

s 118 sub 2013 SL No. 25 s 43

119Payment of annual fee for first year of environmental authority

(1)This section applies to an environmental authority for which an annual fee is prescribed.
(2)The holder of the authority must, within 20 business days of the authority taking effect, pay the administering authority the annual fee prescribed for the authority.

Note—

For when an environmental authority takes effect, see section 200 of the Act.

s 119 amd 2009 SL No. 145 s 8; 2011 SL No. 248 s 6

sub 2013 SL No. 25 s 44

120Annual fee for environmental authority

(1)The annual fee for an environmental authority is the total of the site fees for all project sites for the authority.
(2)The site fee for a project site for an environmental authority is—
(a)if none of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score—
(i)for an environmental authority for a mining activity relating to a mining claim—nil; or
(ii)for any other environmental authority—$674.00; or
(b)if any of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score—
(i)for a relevant mining authority issued before 31 March 2013, for which the relevant activity continues to comply with the eligibility criteria for the activity—$674; or
(ii)for a relevant resource authority issued on or after 31 March 2013—$674; or
(iii)for any other environmental authority—the highest of the ERA fees calculated for each of the environmentally relevant activities.
(3)The ERA fee for an environmentally relevant activity is worked out using the following formula—

F = S x M

where—

F is the amount of the ERA fee.
S is the aggregate environmental score for the activity.
M is—
(a)for a relevant prescribed ERA—$135.40; or
(b)for a resource activity for which the AES stated for the activity in the section under schedule 2 or 2A applying to the activity is 120 or more—$811.00; or
(c)for any other environmentally relevant activity—$271.10.

(4)In this section—
ineligible ERA means an environmentally relevant activity that is not an eligible ERA.
relevant mining authority means an environmental authority for a mining activity or resource project that at any time before 31 March 2013 was not a level 1 mining project under the Act.
relevant prescribed ERA means any of the following prescribed ERAs—
(a)aquaculture;
(b)intensive animal feedlotting;
(c)pig keeping;
(d)poultry farming;
(e)a relevant activity mentioned in schedule 2, section 63(3), table, item 1(a).
relevant resource authority means an environmental authority for a resource activity, but does not include an environmental authority for a resource activity that includes 1 or more ineligible ERAs.

s 120 amd 2009 SL No. 145 s 2 sch; 2009 SL No. 304 s 6; 2010 SL No. 162 s 10; 2011 SL No. 135 s 10; 2012 SL No. 114 s 6

sub 2013 SL No. 25 s 45

amd 2013 SL No. 204 s 10; 2014 SL No. 134 s 5; 2015 SL No. 62 s 6; 2016 SL No. 79 s 6; 2017 SL No. 82 s 8; 2018 SL No. 97 s 12; 2018 SL No. 40 s 9

Division 2 Reduced annual fees in particular circumstances

Subdivision 1 Preliminary

121Purpose of div 2

The purpose of this division is to allow the holder of an environmental authority to pay a reduced annual fee for the authority if—
(a)the holder is eligible; and
(b)there is an aggregate environmental score for the environmentally relevant activity authorised under the authority.

s 121 amd 2013 SL No. 25 s 46

122Definitions for div 2

In this division—
annual fee, for an authority, means the annual fee worked out under section 120 for the authority.
appropriately qualified person ...

def appropriately qualified person om 2013 SL No. 25 s 47 (1)

approved EMS see section 123.
approved partner see section 124.
conformity assessment body means a body accredited under JAS-ANZ for certifying environmental management systems.

def conformity assessment body ins 2009 SL No. 145 s 9 (2)

eligible, to pay a reduced annual fee, means eligible under section 126 to pay the reduced annual fee.
JAS-ANZ means the Joint Accreditation System of Australia and New Zealand that was declared under the Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998 (Cwlth) to be an international organisation to which the International Organisations (Privileges and Immunities) Act 1963 (Cwlth) applies.

def JAS–ANZ ins 2009 SL No. 145 s 9 (2)

lower emissions score see section 125.
prescribed environmental management system means—
(a)an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2004 ‘Environmental management systems–Requirements with guidance for use’; or
(b)the National Feedlot Accreditation Scheme, Rules of Accreditation published in 2011 by AUS-MEAT Limited ABN 44 082 528 881.

def prescribed environmental management system sub 2009 SL No. 145 s 9; 2012 SL No. 196 s 6; 2013 SL No. 25 s 47 (2)

reduced annual fee, for an environmental authority, means the reduced annual fee worked out under section 127 for the authority.

def reduced annual fee amd 2013 SL No. 25 s 47 (3)

relevant activity ...

def relevant activity amd 2009 SL No. 145 s 2 sch

om 2013 SL No. 25 s 47 (1)

relevant authority ...

def relevant authority om 2013 SL No. 25 s 47 (1)

123What is an approved EMS

The holder of an environmental authority has an approved EMS if each relevant activity carried out under the authority is being carried out in accordance with a prescribed environmental management system.

s 123 amd 2013 SL No. 25 s 48

124Who is an approved partner

(1)An approved partner is the holder of an environmental authority who is registered as a partner under the business partnership program.
(2)In this section—
business partnership program means the program of that name established by the department.

Editor’s note—

On the day this regulation was notified in the gazette information about the business partnership program was available on the department’s website.

s 124 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 49

125What is a lower emissions score

(1)The holder of an environmental authority has a lower emissions score if—
(a)the holder is carrying out only 1 relevant activity under the authority—the relevant activity has an emissions score that is at least 25% less than the emissions score stated to apply for the activity under the environmental emission profile; or
(b)the holder is carrying out 2 or more relevant activities under the authority—the relevant activity that has the highest aggregate environmental score has an emissions score that is at least 25% less than the emissions score stated to apply for the activity under the environmental emission profile.
(2)In this section—
emissions score, for a relevant activity, means the emissions score component of the aggregate environmental score for the activity.

Editor’s note—

On the day this regulation was notified in the gazette information about the aggregate environmental scores for relevant activities was available on the department’s website.

s 125 amd 2013 SL No. 25 s 50

Subdivision 2 Reduced annual fee

126Eligibility for payment of a reduced annual fee

(1)The holder of an environmental authority is eligible to pay a reduced annual fee for the authority if—
(a)the holder has carried out a relevant activity under the authority for at least 1 year; and
(b)in the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and
(c)the holder—
(i)has an approved EMS; or
(ii)is an approved partner; or
(iii)has a lower emissions score; or
(iv)for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and
(d)the holder gives the chief executive the following, within the period stated in the annual notice—
(i)if the holder has an approved EMS, other than a prescribed approved EMS—a statutory declaration, completed by a suitably qualified person, verifying that—
(A)each relevant activity carried out under the authority in the previous year has been carried out in accordance with an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2004 ‘Environmental management systems–Requirements with guidance for use’; and
(B)the holder is complying with the conditions of the authority;
(ii)if the holder has a prescribed approved EMS—a statutory declaration, completed by the holder, verifying that—
(A)each relevant activity carried out under the authority in the previous year has been carried out in accordance with the National Feedlot Accreditation Scheme, Rules of Accreditation published in 2011 by AUS-MEAT Limited ABN 44 082 528 881; and
(B)the holder is complying with the conditions of the authority;
(iii)for a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority—a statutory declaration, completed by the holder, verifying that—
(A)the holder has stopped extracting the resource that is the subject of the environmental authority and does not intend to recommence extracting the resource; and
(B)the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and
(iv)the other documents and information stated in the annual notice; and
(e)the holder pays the reduced annual fee within the period stated in the annual notice.
(2)The holder stops being eligible to pay a reduced annual fee if the holder knows, or ought reasonably to know, there has been a disqualifying event for the holder.
(3)Also, the holder stops being eligible if—
(a)there is more than 1 project site for the authority; and
(b)subsection (1) does not apply to 1 or more of the project sites for the authority.
(4)In this section—
compliance action event, for the holder of an environmental authority, means any of the following directly relating to an activity carried out or a thing omitted to be done under the authority—
(a)the serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence;
(b)the issuing of an environmental protection order to the holder;
(c)the holder—
(i)has voluntarily submitted a draft transitional environmental program; or
(ii)is acting under an approved transitional environmental program; or
(iii)is required to prepare a transitional environmental program; or
(iv)has, under section 350 of the Act, given the administering authority a program notice;
(d)the issue of a cost recovery notice to the holder unless—
(i)the amount claimed under the notice has been fully paid; or
(ii)the notice has been withdrawn or has otherwise stopped having effect;
(e)the holder has been issued with a direction notice under section 363B of the Act and—
(i)the holder complies with the notice; or
(ii)a proceeding for an offence against section 363E of the Act has not started;
(f)a proceeding for an environmental offence or an offence under section 363E, 363I or 363L of the Act (a notice offence), is started or continued against the holder and has not finished;
(g)the holder is convicted of an environmental offence or a notice offence.
disqualifying event, for a holder, means any of the following that happens during the year to which the reduced annual fee applies—
(a)the holder stops being an approved partner;
(b)the holder no longer has an approved EMS;
(c)the holder no longer has a lower emissions score;
(d)the holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority;
(e)the holder recommences extracting the resource that is the subject of the environmental authority;
(f)there is a compliance action event for the holder.
prescribed approved EMS means the National Feedlot Accreditation Scheme, Rules of Accreditation published in 2011 by AUS-MEAT Limited ABN 44 082 528 881.
relevant resource environmental authority means an environmental authority for a resource activity relating to a mining lease or a petroleum lease for which the AES stated for the activity in the section under schedule 2 or 2A applying to the activity is 120 or more.

s 126 amd 2008 SL No. 439 s 6; 2013 SL No. 25 s 51; 2014 SL No. 134 s 6

127What is the reduced annual fee

(1)The reduced annual fee for an environmental authority is—
(a)90% of the annual fee if the holder is an approved partner; or
(b)80% of the annual fee if—
(i)the holder has an approved EMS; or
(ii)the holder has a lower emissions score; or
(c)70% of the annual fee if the holder is an approved partner and—
(i)the holder has an approved EMS; or
(ii)the holder has a lower emissions score; or
(d)60% of the annual fee if—
(i)the holder has an approved EMS; and
(ii)the holder has a lower emissions score; or
(e)50% of the annual fee if—
(i)for a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; or
(ii)otherwise—
(A)the holder is an approved partner; and
(B)the holder has an approved EMS; and
(C)the holder has a lower emissions score.
(2)In this section—
relevant resource environmental authority see section 126(4).

s 127 amd 2013 SL No. 25 s 52; 2014 SL No. 134 s 7

Subdivision 3 Offences and record keeping

128Application of sdiv 3

This subdivision applies to the holder of an environmental authority who has, under this division, paid a reduced annual fee for the authority.

s 128 amd 2013 SL No. 25 s 53

129Offence to pay reduced annual fee if not eligible

It is an offence for the holder to pay the reduced annual fee instead of the annual fee for the authority if the holder is not eligible to pay the reduced annual fee.

Maximum penalty—20 penalty units.

s 129 amd 2008 SL No. 439 s 7

130Requirement to keep records for reduced annual fee

The holder must, unless the holder has a reasonable excuse, keep each of the following records relating to the payment of the reduced annual fee for at least 5 years after the reduced annual fee is paid—
(a)if the holder was eligible for the reduction under section 126(1)(c)(i)—a copy of an accreditation certificate prepared under the relevant prescribed environmental management system for the approved EMS;
(b)if the holder was eligible for the reduction under section 126(1)(c)(ii)—
(i)the holder’s certificate of registration under the business partnership program; and
(ii)a copy of the action plan the holder was required to develop for the holder’s registration under the business partnership program;

Editor’s note—

On the day this section commenced information about the development of an action plan was available on the department’s website.
(c)if the holder was eligible for the reduction under section 126(1)(c)(iii)—a copy of the data and methodology used to calculate the holder’s emissions score for the relevant activity under the authority;
(d)if the holder was, under section 126(1)(d), required to give the chief executive a statutory declaration about the relevant activities carried out under an environmental authority—
(i)a copy of the statutory declaration; and
(ii)for the suitably qualified person who completed the statutory declaration—the person’s contact details and evidence of the person’s membership of a prescribed organisation.

Maximum penalty—20 penalty units.

s 130 sub 2008 SL No. 439 s 8

amd 2013 SL No. 25 s 54

131Authorised person may require holder to give information or documents

(1)An authorised person may, by written notice to the holder, require the holder to give the officer the information or documents about the payment of the reduced annual fee that the officer requires.
(2)The notice may state a reasonable period within which the information or documents must be given.
(3)The holder must comply with the notice unless the holder has a reasonable excuse.

Maximum penalty for subsection (3)—20 penalty units.

132Requirement to notify change of eligibility

If the holder’s eligibility for the reduced annual fee under section 126(1)(c)(i) or (ii) stops during the year to which the fee applies, the holder must give the administering authority written notice of the fact within 10 business days after the eligibility stops.

Maximum penalty—20 penalty units.

s 132 sub 2008 SL No. 439 s 9

133Refunding difference between annual fee and reduced fee

(1)This section applies if the holder—
(a)is not eligible to pay the reduced annual fee; or
(b)stops being eligible to pay the reduced annual fee during the year to which the fee applies.
(2)The administering authority may require the holder to pay the authority the difference between the annual fee and the reduced annual fee.

Division 3 Amendment applications for environmental authorities

134When supplementary annual fee payable

(1)This section applies if—
(a)a person makes an amendment application for an environmental authority; and
(b)amending the authority in accordance with the application would result in an annual fee being payable that is higher than the annual fee for the authority as stated in the last annual notice for the authority.
(2)The holder of the environmental authority must, within 20 business days after the amendment application is approved, pay the administering authority a supplementary annual fee worked out using the following formula—

S = (A-P) x N/365

where—

S is the amount of the supplementary annual fee.
A is the amount of the annual fee that would be payable for the authority if the authority was amended in accordance with the amendment application.
P is the amount of the annual fee stated in the last annual notice for the authority.
N is the number of days from the day the authority was amended in accordance with the amendment application until the next anniversary day for the authority.

(3)If the holder does not pay the supplementary annual fee within 20 business days under subsection (2), the administering authority may recover the supplementary annual fee as a debt owed to the authority.

s 134 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 55

135[Repealed]

s 135 orig 135 om 2013 SL No. 25 s 56

prev s 135 ins 2014 SL No. 134 s 8

om 2015 SL No. 129 s 5

136[Repealed]

s 136 orig s 136 om 2013 SL No. 25 s 56

prev s 136 ins 2014 SL No. 134 s 8

om 2015 SL No. 129 s 5

137[Repealed]

s 137 om 2013 SL No. 25 s 56

137A[Repealed]

s 137A ins 2011 SL No. 248 s 7

amd 2012 SL No. 196 s 7

om 2013 SL No. 25 s 56

Part 4 Other particular fees

138Fee for anniversary changeover application

(1)For section 310(2) of the Act, the fee payable for an anniversary changeover application for an environmental authority is worked out using the following formula—

F = $339.00 + (A x N/365)

where—

F is the amount of the fee.
A is the amount of the annual fee for the environmental authority.
N is the number of days in the interim year.

(2)In this section—
anniversary changeover application, for an environmental authority, means an application under section 310 of the Act to change the anniversary day for the authority to a new day.
interim year, for a proposed change of anniversary day, means the period—
(a)starting on the old anniversary day for the environmental authority; and
(b)ending on the new anniversary day in the following year after the proposed change.

Example—

If the old anniversary day was 1 June and the new anniversary day is 1 July, the period will be 31 days.

s 138 amd 2010 SL No. 162 s 11; 2011 SL No. 135 s 11; 2012 SL No. 114 s 7

sub 2013 SL No. 25 s 57

amd 2013 SL No. 204 s 11; 2014 SL No. 134 s 9; 2015 SL No. 62 s 7; 2016 SL No. 79 s 7; 2017 SL No. 82 s 9; 2018 SL No. 40 s 10

139Fee for late payment of annual fee

(1)This section applies if a holder of an environmental authority has not paid the annual fee for the authority on or before the anniversary day for the authority.
(2)The administering authority must give the holder a written notice stating that the holder must, within a stated period of at least 10 business days after the notice is given, pay—
(a)the annual fee or the outstanding amount of the fee; and
(b)the late payment fee stated in schedule 10.
(3)The holder must comply with the notice.

s 139 amd 2013 SL No. 25 s 58

140Fees for transitional environmental programs

(1)The fee for an administering authority’s consideration of a draft transitional environmental program, or an amendment of an approval for a transitional environmental program, is the amount that—
(a)the authority considers to be reasonable; and
(b)is not more than the reasonable cost of deciding the application for approval of the program or the amendment of the approval.
(2)The holder of an approval of a transitional environmental program must pay the administering authority a fee for its assessment of the holder’s annual returns and monitoring compliance with the program.
(3)The fee is the amount that—
(a)the authority considers to be reasonable; and
(b)is not more than the reasonable cost of the assessment and monitoring.

140AFee for termination of suspension of environmental authority

(1)For section 284G(2)(b) of the Act, the fee payable to terminate a suspension of an environmental authority is worked out using the following formula—

F = A x N/365

where—

F is the amount of the fee.
A is the amount of the annual fee for the environmental authority.
N is the number of days in the interim year.

(2)In this section—
interim year, for a termination of a suspension of an environmental authority, means the period—
(a)starting on the day the notice to terminate the suspension is given to the administering authority; and
(b)ending on the next anniversary day for the authority.

s 140A prev s 140A ins 2010 SL No. 363 s 8

om 2011 SL No. 248 s 8

pres s 140A ins 2013 SL No. 25 s 59

141[Repealed]

s 141 amd 2009 SL No. 280 s 70

om 2013 SL No. 25 s 60

Part 6 Exemptions

142Administering authority exempt from fees for self-administered activities

An administering authority is exempt from payment of a fee relating to an environmental authority for an environmentally relevant activity that is administered by the authority.

Note—

See chapter 7, part 1, division 2 (Matters not devolved to local government).

s 142 amd 2013 SL No. 25 s 61

143Prescribed local government exempt from fees

(1)This section applies to the following (each a prescribed local government)—
(a)an indigenous local government;
(b)Aurukun Shire Council;
(c)Mornington Shire Council;
(d)Torres Shire Council.
(2)A prescribed local government is exempt from payment of a fee relating to an environmental authority for a prescribed ERA that is carried out by the local government in its local government area.
(3)In this section—
indigenous local government see the Local Government Act 2009, schedule 4.

s 143 amd 2009 SL No. 145 s 10; 2011 SL No. 46 s 5; 2013 SL No. 25 s 62

144Prescribed charitable institution exempt from fees

(1)A prescribed charitable institution is exempt from payment of a fee relating to an environmental authority for a prescribed ERA mentioned in schedule 2, section 63 if the prescribed ERA is carried out within the relevant threshold.
(2)In this section—
prescribed charitable institution means a charitable institution that, under the Income Tax Assessment Act 1997 (Cwlth), is an exempt institution that is eligible for a refund.
relevant threshold means the stated threshold of operating sewage treatment works with a total daily peak design capacity of 21EP to 100EP under schedule 2, section 63(3).

s 144 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 63

144A[Repealed]

s 144A ins 2011 SL No. 248 s 9

om 2013 SL No. 25 s 64

144BHolders of particular environmental authorities exempt from annual fee

(1)This section applies to a holder of an environmental authority for mining activities that are eligible ERAs for only 1 of the following activities—
(a)an environmentally relevant activity carried out for the sole purpose of maintaining a State heritage place or a National heritage place;
(b)dimension stone mining for the sole purpose of constructing or maintaining a war grave.
(2)The holder is exempt from payment of the annual fee for the environmental authority.
(3)In this section—
Commonwealth War Graves Commission means the commission of that name established under royal charter in the United Kingdom.
National heritage place has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 324C(3).
State heritage place means a State heritage place under the Queensland Heritage Act 1992.
war grave includes any of the following things for which the Commonwealth Department of Veterans’ Affairs or the Commonwealth War Graves Commission is responsible for establishing and maintaining under a law of a State, the Commonwealth or a foreign country—
(a)a headstone;
(b)a war memorial or similar memorial;
(c)an inscribed plaque or commemorative plate;
(d)a monumental, ornamental or other structure;
(e)another thing erected or placed—
(i)to mark the site where human remains have been buried or placed; or
(ii)to commemorate a deceased person.

s 144B ins 2011 SL No. 248 s 9

amd 2013 SL No. 25 s 65

Part 7 Refund of application fees

pt hdg ins 2011 SL No. 248 s 10

144CRefund of application fee for particular environmental authority if application for relevant mining tenement refused

(1)This section applies if—
(a)a person has applied for an environmental authority for mining activities that are eligible ERAs; and
(b)the person has applied for 1 or more relevant mining tenements for the environmental authority; and
(c)each application for a relevant mining tenement mentioned in paragraph (b) has been refused or rejected.
(2)The administering authority must refund to the person the application fee for the environmental authority.

s 144C ins 2011 SL No. 248 s 10

amd 2013 SL No. 25 s 66

Chapter 8A Miscellaneous

ch hdg ins 2011 SL No. 246 s 4

144DLimited amendment of Map of referable wetlands

(1)The chief executive may amend the Map of referable wetlands only if the amendment—
(a)is to remove all or part of an area shown as a wetland management area or wetland protection area; and
(b)is made because—
(i)more accurate information indicating the extent, or hydrological type, of the wetland has become available; or
(ii)the chief executive considers the wetland is not of high ecological significance.
(2)If the chief executive amends the map under this section, the chief executive must—
(a)fix a new edition number to the amended map; and
(b)publish the amended map on the department’s website; and
(c)notify all affected owners about the amendment and the reasons for the amendment; and
(d)give all affected owners a copy of the amended map.
(3)In this section—
affected owner, for an amendment, means an owner of land that is no longer included in an area shown as a wetland management area or wetland protection area on the Map of referable wetlands because of the amendment.

s 144D ins 2011 SL No. 246 s 4

144EApproval of guidelines about issuing particular environmental protection orders—Act, s 548A

For section 548A(2) of the Act, the guideline called ‘Issuing ‘chain of responsibility’ environmental protection orders under Chapter 7, Part 5, Division 2 of the Environmental Protection Act 1994’, made by the chief executive on 22 December 2016 and published on the department’s website, is approved.

s 144E ins 2017 SL No. 3 s 3

Chapter 9 Repeal, transitional and savings provisions

Part 1 Repeal

145Repeal of regulation

The Environmental Protection Regulation 1998, SL No. 29 is repealed.

Part 2 Transitional and savings provisions for SL No. 370 of 2008

pt hdg sub 2010 SL No. 363 s 9

Division 1 Preliminary

146Definitions for pt 2

In this part—
anniversary day, for a development approval or registration certificate, means the first anniversary day for the approval or certificate after the commencement.
commencement means the commencement of this section.
former environmentally relevant activity means an environmentally relevant activity mentioned in the repealed regulation, schedule 1, under the heading ‘Environmentally relevant activity’, immediately before the commencement.
former ERA, for an item mentioned in this part, means the item to which the reference relates is an item mentioned in the repealed regulation, schedule 1, under the heading ‘Environmentally relevant activity’, immediately before the commencement.

Example—

Former ERA 1 is the repealed regulation, item 1 (Aquaculture and agricultural activities).
repealed regulation means the repealed Environmental Protection Regulation 1998.

Division 2 Transitional provisions about environmentally relevant activities

Subdivision 1 General

147General matters for environmentally relevant activities

(1)This section is subject to section 148 and subdivision 2.
(2)A reference in an Act or document to a former environmentally relevant activity mentioned in column 1 of the table below subsection (3) (a column 1 ERA) may, from the commencement and if the context permits, be taken to be a reference to an environmentally relevant activity mentioned in column 2 of the table (a column 2 ERA) opposite the column 1 ERA.
(3)However, if an aspect of a column 1 ERA (the relevant aspect) is mentioned in column 1 of the table, a reference in an Act or document to the column 1 ERA may, to the extent the column 1 ERA involved the relevant aspect and if the context permits, be taken to be a reference to the column 2 ERA opposite the relevant aspect.

Column 1 ERA

Column 2 ERA

Aquaculture and agriculture activities

Part 1—Aquaculture and intensive animal industry

1

Aquaculture

1

Aquaculture

2

Cattle feedlotting

2

Intensive animal feedlotting

3

Pig farming

3

Pig keeping

4

Poultry farming

4

Poultry farming

Chemical, coal and petroleum products activities

Part 2—Chemical, coal and petroleum products activities

5

Alcohol distilling

5

Alcohol production

6

Chemical manufacturing, processing or mixing

7

Chemical manufacturing

7

Chemical storage

8

Chemical storage

8

Coke producing

31

Mineral processing

9

Gas production

10

Gas producing

10

Paint manufacturing

7

Chemical manufacturing

11

Crude oil or petroleum product storage

8

Chemical storage

12

Oil refining or processing

11

Oil refining or processing

13

Fuel gas refining or processing

9

Hydrocarbon gas refining

Community infrastructure and services

Part 13—Water treatment services

14

Crematorium

 

15

Sewage treatment

63

Sewage treatment

Electricity, fuel burning and water supply activities

 

16

Municipal water treatment plan

64

Water treatment

 

Part 3—Energy related services

17

Fuel burning

15

Fuel burning

18

Power station

14

Electricity generation

Extractive activities

Part 4—Extractive activities

19

Dredging material

16

Extractive and screening activities

20

Extracting rock or other material

16

Extractive and screening activities

22

Screening etc. materials

16

Extractive and screening activities

Fabricated metal product activities

Part 5—Fabricated metal product activities

23

Abrasive blasting

17

Abrasive blasting

24

Boiler making or engineering

18

Boilermaking or engineering

25

Metal surface coating

38

Surface coating

26

Metal forming

19

Metal forming

27

Metal recovery

20

Metal recovery

28

Motor vehicle workshop

21

Motor vehicle workshop operation

Food processing

Part 6—Food processing

29

Beverage production

22

Beverage production

30

Edible oil processing

24

Edible oil manufacturing or processing

31

Flour milling

 

32

Meat processing

25

Meat processing

33

Milk processing

26

Milk processing

34

Seafood processing

27

Seafood processing

35

Smoking, drying or curing works

 

36

Sugar milling or refining

28

Sugar milling or refining

37

Bottling and canning

23

Bottling and canning

Metal product activities

Part 7—Metal production and mineral processing activities

40

Metal foundry

29

Metal foundry operation

41

Metal works

30

Metal smelting and refining

42

Mineral processing

31

Mineral processing

Miscellaneous activities

Part 8—Miscellaneous activities

43

Animal housing

 

44

Battery manufacturing

32

Battery manufacturing

45

Crushing, milling or grinding

33

Crushing, milling, grinding or screening

46

Mushroom growing substrate manufacture

34

Mushroom growing substrate manufacture

47

Pet, stock or aquaculture food manufacturing—

  

(a)  to the extent an aspect of the former ERA involved an activity to which schedule 2, section 25 would have applied

25

Meat processing

(b)  to the extent an aspect of the former ERA involved an activity to which schedule 2, section 27 would have applied

27

Seafood processing

48

Plaster manufacturing

35

Plaster manufacturing

49

Pulp or paper manufacturing

36

Pulp or paper manufacturing

50

Rendering operation

25

Meat processing

51

Plastic manufacturing

12

Plastic product manufacturing

52

Printing

37

Printing

53

Soil conditioner manufacturing

53

Composting and soil conditioner manufacturing

54

Tanning

39

Tanning

55

Textile manufacturing

40

Textile manufacturing

56

Tobacco processing

 

57

Tyre manufacturing or retreading

13

Tyre manufacturing or retreading

Non-metallic mineral product manufacture

Part 9—Non-metallic mineral product manufacture

58

Asbestos products manufacturing

 

59

Asphalt manufacturing

6

Asphalt manufacturing

60

Cement manufacturing

41

Cement manufacturing

61

Clay or ceramic products manufacturing

42

Clay or ceramic products manufacturing

62

Concrete batching

43

Concrete batching

63

Glass or glass fibre manufacturing

44

Glass or glass fibre manufacturing

64

Mineral wool or ceramic fibre manufacturing

45

Mineral wool or ceramic fibre manufacturing

Recreational and sporting activities

65

Motor racing

 

Sawmilling, woodchipping and wooden product manufacturing

Part 10—Sawmilling, woodchipping and wooden product manufacturing

66

Chemically treating timber

46

Chemically treating timber

67

Sawmilling or woodchipping—

  

(a)  to the extent an aspect of the former ERA involved an activity to which schedule 2, section 47 would have applied

47

Timber milling and woodchipping

(b)  to the extent an aspect of the former ERA involved an activity to which schedule 2, section 48 would have applied

48

Wooden and laminated product manufacturing

68

Wooden product manufacturing

48

Wooden and laminated product manufacturing

Transport and maritime services

Part 11—Transport and maritime services

69

Boat maintaining or repairing facility

49

Boat maintenance or repair

70

Heliport

 

71

Port (other than an airport)

 

72

Railway facility

 

73

Marina or seaplane mooring

 

74

Stockpiling, loading or unloading goods in bulk

50

Bulk material handling

 

51

Road tunnel ventilation stack operation

Waste management

Part 12—Waste management

75

Waste disposal

60

Waste disposal

76

Incinerating waste

61

Waste incineration and thermal treatment

77

Battery recycling

52

Battery recycling

78

Chemical or oil recycling

55

Regulated waste recycling or reprocessing

79

Drum reconditioning

54

Drum and container reconditioning

80

Tyre recycling

59

Tyre recycling

81

Recycling or reprocessing regulated waste

55

Regulated waste recycling or reprocessing

82

Waste transfer station

62

Waste transfer station operation

83

Regulated waste transport

57

Regulated waste transport

84

Regulated waste storage

56

Regulated waste storage

85

Regulated waste treatment

58

Regulated waste treatment

s 147 amd 2008 SL No. 439 s 10; 2009 SL No. 145 s 11

148Existing development approvals and registration certificates

(1)This section applies to a person who, immediately before the commencement, held a relevant authority to carry out a column 1 ERA.
(2)The person is, on the anniversary day for the relevant authority, taken to be the holder of a relevant authority to carry out the column 2 ERA opposite the column 1 ERA, unless the authority is sooner cancelled.
(3)If the relevant authority held by the person immediately before the commencement was subject to a condition, the relevant authority the person is taken to hold on the anniversary day for the authority is also taken to be subject to a condition in the same terms, so far as practicable, as the condition.
(4)This section is subject to the other provisions of this division, other than section 147.
(5)In this section—
relevant authority means—
(a)a development approval; or
(b)a registration certificate.

s 148 amd 2009 SL No. 145 s 12

149Existing applications

(1)This section applies to an application for a development approval or registration certificate made before the commencement and not decided on the commencement.
(2)However—
(a)if before the commencement the applicant paid the former application fees for the application—the application fee and annual fee for the application under this regulation are taken to have been paid; and
(b)if the application is an application for a development approval and paragraph (a) does not apply—the repealed regulation continues to apply for the payment of the former application fees for the application as if this regulation had not commenced.
(3)If the application is about a column 1 ERA, the application is taken to be about a column 2 ERA shown opposite the column 1.
(4)Also, subsection (5) applies if the application is about an activity that is a former environmentally relevant activity but is not an environmentally relevant activity under this regulation.
(5)The administering authority must, as soon as practicable after the commencement—
(a)give the applicant a notice stating that, under this regulation, the activity is no longer an environmentally relevant activity; and
(b)refund to the applicant the amount of the application fee.
(6)In this section—
former application fees means the application fee and the prescribed annual fee amount payable under the repealed regulation.

s 149 amd 2008 SL No. 439 s 11

Subdivision 2 Effect of changes to environmentally relevant activities

150Activities that are no longer environmentally relevant activities

(1)This section applies to an activity that was a former environmentally relevant activity but is not an environmentally relevant activity under this regulation, including, for example, the following—
(a)former ERA 1(a), 14, 31, 35, 43, 56, 58, 65, 67(a), 70, 71 or 73;
(b)former ERA 2(a) if the activity consists of keeping less than 50 standard cattle units;
(c)former ERA 3(a) if the activity consists of keeping less than 21 standard pig units;
(d)former ERA 8 if the activity consists of producing less than 100t of coke in a year;
(e)former ERA 19(a) if the activity consists of dredging less than 1,000t of material in a year from the bed of naturally occurring surface waters;
(f)former ERA 20(a) if the activity consists of extracting, other than by dredging, a total of less than 5,000t of rock, sand, clay, gravel, loam or other material in a year, other than in a wild river area;
(g)former ERA 22(a), if the activity consists of screening, washing, crushing, grinding, milling, sizing or separating, in a year, more than 50t but less than 5,000t of material extracted from the earth, other than in a wild river area;
(h)former ERA 24 if the activity consists of boilermaking, assembling, building or manufacturing a total of less than 200t of metal product in a year;
(i)former ERA 26 if the activity consists of forming a total of less than 10,000t of metal in a year;
(j)former ERA 28 if the activity consists of—
(i)operating a workshop to maintain a fleet of fewer than 10 vehicles; or
(ii)operating a mobile or a temporary motor vehicle workshop;
(k)former ERA 29 if the activity consists of producing less than 1ML of alcoholic or non-alcoholic beverages in a year;
(l)former ERA 34 if the activity consists of processing in a year less than 500t of seafood or seafood products;
(m)former ERA 36 if the activity consists of—
(i)crushing or grinding less than 200t or more of sugar cane in a year; or
(ii)manufacturing less than 200t of sugar or other sugarcane products in a year;
(n)former ERA 40 if the activity consists of—
(i)producing less than 100t of ferrous metal castings in a year; or
(ii)producing 50t or more of non-ferrous metal castings in a year;
(o)former ERA 44 if the activity consists of manufacturing less than 200t of batteries in a year;
(p)former ERA 46 if the activity consists of manufacturing less than 200t of substrate for mushroom growing in a year;
(q)former ERA 47 if the activity consists of processing in a year—
(i)less than 1,000t of meat or meat products in a year; or
(ii)less than 500t or more of seafood or seafood products;
(r)former ERA 48 if the activity consists of manufacturing or processing less than 5,000t of plaster in a year;
(s)former ERA 51 if the activity consists of manufacturing in a year—
(i)a total of less than 50t of plastic product, other than a plastic product mentioned in subparagraph (ii); or
(ii)a total of less than 5t of foam, composite plastics or rigid fibre-reinforced plastics;
(t)former ERA 52 if the activity consists of printing less than 200t of printed materials in a year;
(u)former ERA 54 if the activity consists of operating a tannery or facility for tanning, curing or finishing less than 100t of leather products in a year;
(v)former ERA 55 if the activity consists of manufacturing or processing less than 100t of textile products in a year;
(w)former ERA 60 if the activity consists of manufacturing less than 200t of cement in a year;
(x)former ERA 62 if the activity consists of producing less than 200t of concrete or concrete products in a year.
(2)A registration certificate to carry out the activity continues in force, as if the repealed regulation had not been repealed by this regulation, until the first anniversary day for the certificate.
(3)The former administering authority for the former environmentally relevant activity must, as soon as practicable after the commencement—
(a)give the holder of the registration certificate a notice stating that, under this regulation, the activity is no longer an environmentally relevant activity; and
(b)from the anniversary day of the registration certificate, the holder no longer needs a registration certificate to carry out the activity.
(4)In this section—
former administering authority, for a former environmentally relevant activity, means the entity that was the administering authority for the activity immediately before the commencement.

s 150 amd 2009 SL No. 145 s 13

151Changes to environmentally relevant activities

(1)This section applies if—
(a)a holder of a relevant authority is carrying out an activity under the authority that is a former environmentally relevant activity; and
(b)under this regulation, the activity is no longer the environmentally relevant activity described in the relevant authority.
(2)The administering authority must, as soon as practicable after the commencement, give the holder a notice stating the following—
(a)that, under this regulation, the activity is still an environmentally relevant activity;
(b)the provision of schedule 2 applicable to the holder’s activity;
(c)from the anniversary day of the relevant authority, the holder is taken to have a relevant authority to carry out the activity mentioned in the provision of schedule 2 applicable to the holder’s activity.
(3)In this section—
relevant authority means—
(a)a development approval; or
(b)a registration certificate.

Subdivision 3 Environmental authorities

152Existing environmental authorities

(1)This section applies to a person who, immediately before the commencement, held an environmental authority (a former environmental authority) to carry out an environmentally relevant activity under the repealed regulation.
(2)The person is, on the anniversary day for the former environmental authority, taken to be the holder of an environmental authority to carry out the equivalent environmentally relevant activity under this regulation, unless the authority is sooner cancelled.
(3)If the former environmental authority was subject to a condition, the environmental authority the person is taken to hold on the anniversary day for the former environmental authority is also taken to be subject to a condition in the same terms, so far as practicable, as the condition.
(4)This section is subject to the other provisions of this subdivision.

153Changes to environmentally relevant activities

(1)This section applies if—
(a)immediately before the commencement, the holder of an environmental authority was carrying out an activity under the authority that was an environmentally relevant activity under the repealed regulation; and
(b)under this regulation, the activity is no longer the environmentally relevant activity described in the environmental authority.
(2)The administering authority must, as soon as practicable after the commencement, give the holder a notice stating the following—
(a)that, under this regulation, the activity is still an environmentally relevant activity;
(b)the provision of schedule 5 or 6 applicable to the holder’s activity;
(c)from the anniversary day of the former environmental authority, the holder is taken to have an environmental authority to carry out the activity mentioned in the provision of schedule 5 or 6 applicable to the holder’s activity.

154Existing applications

(1)This section applies to an application for an environmental authority to carry out an environmentally relevant activity under the repealed regulation, made before the commencement and not decided on the commencement.
(2)Subject to subsection (3), on the commencement the application is taken to be an application for an environmental authority to carry out the equivalent environmentally relevant activity mentioned in schedule 5 or 6.
(3)If before the commencement the applicant paid the former application fee for the application, the application fee and annual fee for the application under this regulation are taken to have been paid.
(4)In this section—
former application fee means either or both of the following payable under the repealed regulation—
(a)the application fee;
(b)an amount equal to the annual fee.

s 154 amd 2008 SL No. 439 s 12

Subdivision 4 Particular approvals for environmentally relevant activities

155Particular approvals continue in force for 2 years

(1)This section applies to a person given an approval to carry out an environmentally relevant activity under a repealed provision if the approval was in force immediately before the commencement.
(2)The approval to carry out the activity continues in force while the person carries out the activity until the day that is 2 years after the commencement.
(3)In this section—
repealed interim regulation means the repealed Environmental Protection (Interim) Regulation 1995.
repealed provision means—
(a)the repealed interim regulation, section 63 or 65, as in force on 1 March 1995; or
(b)the repealed interim regulation, section 65, as in force on 28 June 1996.

Subdivision 5 Miscellaneous matters for environmentally relevant activities

156Administration and enforcement of particular former environmentally relevant activities devolved to local government

(1)This section applies to the following former environmentally relevant activities—
(a)former ERA 14, 22(a), 43, 65, 70 or 73;
(b)former ERA 20(a) if the activity consists of extracting, other than by dredging, a total of less than 5,000t of rock, sand, clay, gravel, loam or other material, in a year;
(c)former ERA 24 if the activity consists of boilermaking, assembling, building or manufacturing a total of less than 200t of metal product in a year;
(d)former ERA 26 if the activity consists of forming a total of less than 10,000t of metal in a year;
(e)former ERA 28 if the activity consists of—
(i)operating a workshop to maintain a fleet of fewer than 10 vehicles; or
(ii)operating a mobile or a temporary motor vehicle workshop;
(f)former ERA 29 if the activity consists of producing less than 1ML of alcoholic or non-alcoholic beverages in a year;
(g)former ERA 47 if the activity consists of processing, in a year—
(i)less than 1,000t of meat or meat products in a year; or
(ii)less than 500t or more of seafood or seafood products;
(h)former ERA 51 if the activity consists of manufacturing, in a year—
(i)a total of less than 50t of plastic product, other than plastic product mentioned in subparagraph (ii); or
(ii)a total of less than 5t of foam, composite plastics or rigid fibre-reinforced plastics;
(i)former ERA 52 if the activity consists of printing less than 200t of printed materials in a year.
(2)From the commencement, the administration and enforcement of the Act for each of the former environmentally relevant activities continues to be devolved to the local government for the local government area where the activity is, or is to be, carried out.

157Codes of environmental compliance for former environmentally relevant activities

(1)This section applies to each of the documents mentioned in the repealed regulation, schedule 6A, and approved as a code of environmental compliance for the former environmentally relevant activity to which it applies.
(2)The document continues to be approved as a code of environmental compliance for the former environmentally relevant activity to which it applies, as if the repealed regulation had not been repealed, until 1 year after the commencement.
(3)In this section—
former environmentally relevant activity includes aspects of the former environmentally relevant activity.

Division 3 Transitional provisions for miscellaneous matters

158Delayed application of fees payable under ch 8

(1)Chapter 8 does not apply to an existing environmental authority or existing registration certificate until the first anniversary day for the authority or certificate after the commencement.
(2)Any fee paid under the repealed regulation in relation to an existing environmental authority or existing registration certificate continues to apply as if the repealed regulation had not been repealed.
(3)In this section—
existing environmental authority means an environmental authority in force immediately before the commencement.
existing registration certificate means a registration certificate in force immediately before the commencement.

159References to repealed regulation

In an Act or document, a reference to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.

Part 3 Transitional provisions for members of QR group

pt hdg ins 2010 SL No. 363 s 10

160Definitions for pt 3

In this part—
change of ownership means the beginning of the day notified by the Treasurer by gazette notice for this part.

def change of ownership amd 2010 SL No. 363 s 11 (3)

commencement means the commencement of this section.

def commencement amd 2010 SL No. 363 s 11 (4)

interim period means the period from the commencement to the change of ownership.
member of QR Group means QR Limited or a related body corporate of QR Limited.
QR Limited means QR Limited ACN 124 649 967.
related body corporate has the meaning given in the Corporations Act.
Treasurer means the Minister who administers the Financial Accountability Act 2009.

s 160 ins 2010 Act No. 19 s 32

amd 2010 SL No. 363 s 11 (1)–(2)

161Application of s 106 to member of QR Group during interim period

A member of QR Group is taken to be an instrumentality or agency of the State for the purposes of section 106 during the interim period.

s 161 ins 2010 Act No. 19 s 32

162Application of s 106 to member of QR Group after change of ownership

(1)Subsection (2) applies if—
(a)because of section 106, the administration and enforcement of a provision of the Act mentioned in sections 98 to 100 is not devolved to a local government; and
(b)immediately before the change of ownership, the administering authority is conducting an investigation under the Act in relation to, or is exercising an enforcement power under the Act against, a member of QR Group; and
(c)the investigation or enforcement relates to a provision of the Act mentioned in sections 98 to 100.
(2)The administering authority may—
(a)continue to undertake that investigation in relation to, and exercise that enforcement power against, the member of QR Group; and
(b)take the further actions it is entitled or empowered to take under the Act after the investigation or exercise of the enforcement power has ended;

as if the member of QR Group continued to be an instrumentality or agency of the State for the purposes of section 106.

(3)Subsection (4) applies if—
(a)because of section 106, the administration and enforcement of a provision of the Act in relation to an environmentally relevant activity is not devolved to a local government; and
(b)as at the change of ownership, an application has been properly made by a member of QR Group to the administering authority for approval of the environmentally relevant activity.
(4)The administering authority may continue to assess and determine the application as if the member of QR Group continued to be an instrumentality or agency of the State for the purposes of section 106.

s 162 ins 2010 Act No. 19 s 32

Part 4 Transitional provision for Environmental Protection Legislation Amendment Regulation (No. 1) 2010

pt 4 (s 163) ins 2010 SL No. 363 s 12

163Administering authority to refund portion of particular annual fees

(1)This section applies if—
(a)before the commencement—
(i)a person made a development application, or held a registration certificate, for sewage treatment involving operating sewage treatment works (the relevant activity); and
(ii)the person carried out the relevant activity within the threshold (the existing threshold) mentioned in schedule 2, section 63(3), table, item 2(a) or (b), as in force before the commencement; and
(iii)the person paid the annual fee (the previous annual fee) for the development application or registration certificate for carrying out the relevant activity within the existing threshold; and
(b)the relevant activity would have been carried out within the threshold (the new threshold) mentioned in schedule 2, section 63(3), table, item 2(a)(i) or (b)(i), if the new threshold had applied to carrying out the activity.
(2)The administering authority must refund the person the amount that is the difference between—
(a)the previous annual fee; and
(b)the annual fee that would have been payable for the development application or registration certificate as if—
(i)the relevant activity had been carried out within the new threshold; and
(ii)the new threshold had applied to carrying out the relevant activity when the previous annual fee was paid.
(3)In this section—
commencement means the commencement of this section.
operating, sewage treatment works, see schedule 2, section 63(4).
sewage treatment means the environmentally relevant activity, sewage treatment, to which schedule 2, section 63 applies.

pt 4 (s 163) ins 2010 SL No. 363 s 12

Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011

pt 5 (s 164) ins 2011 SL No. 46 s 6

164Administering authority to refund particular application and annual fees

(1)This section applies if—
(a)before the commencement—
(i)a person held a development approval or registration certificate for carrying out asphalt manufacturing or extractive and screening activities at a site; and
(ii)for carrying out the asphalt manufacturing or extractive and screening activities, the person stored 10m3 to 500m3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 at the site; and
(iii)the person made a development application (the later application) to carry out chemical storage within the threshold mentioned in schedule 2, section 8(3), table, item (3)(a) at the site and paid the application fee for the application and the annual fee for a development approval for the chemical storage; and
(iv)the administering authority had not assessed the later application; and
(b)the person has continued to hold the development approval or registration certificate mentioned in paragraph (a)(i) since the commencement; and
(c)the person withdraws the later application.
(2)The administering authority must refund the person—
(a)the application fee for the later application; and
(b)the annual fee for the development approval for the chemical storage.
(3)In this section—
asphalt manufacturing means the environmentally relevant activity under schedule 2, section 6.
chemical storage means the environmentally relevant activity under schedule 2, section 8.
commencement means the commencement of this section.
extractive and screening activities means the environmentally relevant activity under schedule 2, section 16.

pt 5 (s 164) ins 2011 SL No. 46 s 6

Part 6 Transitional provisions for Environmental Protection Amendment Regulation (No. 4) 2011

pt 6 (ss 165–167) ins 2011 SL No. 248 s 11

165Administering authority to refund portion of particular EIS fees

(1)This section applies if a proponent for a project—
(a)before the commencement, has submitted draft terms of reference for an EIS for the project under section 41 of the Act; and
(b)has not submitted the EIS under section 47 of the Act; and
(c)gives the chief executive a written notice stating that the proponent does not intend to submit the EIS.
(2)The administering authority must refund to the proponent the previous fee less the administrative component of the fee.
(3)In this section—
administrative component, of the fee, means $30,000.
commencement means the commencement of this section.
previous fee means the fee for the submission of the draft terms of reference stated in schedule 10, part 1, item 1 before the commencement.

pt 6 (ss 165–167) ins 2011 SL No. 248 s 11

166Particular persons exempt from payment of EIS fee

(1)This section applies if a proponent for a project—
(a)before the commencement of this section, has submitted draft terms of reference for an EIS for the project under section 41 of the Act; and
(b)on or after the commencement, submits the EIS under section 47 of the Act.
(2)Despite section 47(2) of the Act, the proponent is exempt from payment of the fee for submitting the EIS.

pt 6 (ss 165–167) ins 2011 SL No. 248 s 11

167Administering authority to refund portion of particular annual fees

(1)This section applies if during the prescribed period—
(a)a person—
(i)made a development application, or held a registration certificate, for chemical manufacturing involving manufacturing fertiliser (the relevant activity); and
(ii)carried out the relevant activity within the threshold (the existing threshold) mentioned in schedule 2, part 2, section 7(3), table, item 3(e), as in force immediately before the commencement of this section; and
(iii)paid the annual fee (the previous annual fee) for the development application or registration certificate for carrying out the relevant activity within the existing threshold; and
(b)the relevant activity would have been carried out within the threshold (the new threshold) mentioned in schedule 2, part 2, section 7(3), table, item 4(a), if the new threshold had applied to carrying out the activity.
(2)The administering authority must refund to the person the amount that is the difference between—
(a)the previous annual fee; and
(b)the annual fee that would have been payable for the development application or registration certificate if—
(i)the relevant activity had been carried out within the new threshold; and
(ii)the new threshold had applied to carrying out the relevant activity when the previous annual fee was paid.
(3)In this section—
manufacturing fertiliser means the environmentally relevant activity, manufacturing fertiliser, to which schedule 2, part 2, section 7 applies.
prescribed period means the period starting on 1 January 2009 and ending at the end of the day immediately before the commencement of this section.

pt 6 (ss 165–167) ins 2011 SL No. 248 s 11

Part 7 Transitional provisions for Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2013

pt hdg ins 2013 SL No. 25 s 67

Division 1 Fees

div 1 (ss 168–169) ins 2013 SL No. 25 s 67

168Refund of annual fee if environmental authorities amalgamated

(1)This section applies if—
(a)the holder of 2 or more environmental authorities (mining activities) made an amendment application under section 238(2) of the Act on or after 1 March 2011 but before 2 November 2012; and
(b)the amendment application was or is granted.
(2)The administering authority must refund to the holder the amount that is the difference between—
(a)the total of the annual fees paid by the holder for the environmental authorities for the relevant period; and
(b)the total of the annual fees that would have been payable by the holder for 1 environmental authority for the relevant period.
(3)In this section—
relevant period means the period from 1 January 2009 until the day the amendment application was or is granted.

div 1 (ss 168–169) ins 2013 SL No. 25 s 67

169Exemption from payment of annual fee if relevant mining tenement not granted

(1)This section applies if—
(a)a person is granted an environmental authority (mining activities) for a level 2 mining project on or before 31 March 2013; and
(b)the person has applied for 1 or more relevant mining tenements for the environmental authority mentioned in paragraph (a); and
(c)all the applications for a relevant mining tenement mentioned in paragraph (b) are not granted.
(2)The person is exempt from payment of the annual fee for the environmental authority until the next anniversary day for the authority after the earliest day on which at least 1 of the relevant mining tenements is granted.

div 1 (ss 168–169) ins 2013 SL No. 25 s 67

Division 2 Existing environmentally relevant activities

div 2 (ss 170–173) ins 2013 SL No. 25 s 67

170Eligibility criteria and standard conditions for particular environmentally relevant activities

Schedule 3 mentions the codes of environmental compliance for which—
(a)the matters identified as eligibility criteria in the code continue to be taken to be the eligibility criteria for the environmentally relevant activity under section 707A(2)(a) of the Act; and
(b)standard environmental conditions of the code continue to be taken to be the standard conditions for the environmentally relevant activity until new standard conditions for the activity take effect under section 707A(2)(b) of the Act.

div 2 (ss 170–173) ins 2013 SL No. 25 s 67

171Non-transitional ERAs—Act, s 676A

(1)An activity that was a former environmentally relevant activity but is not a prescribed ERA after the commencement of this section, is prescribed for section 676A(1) of the Act.

Editor’s note—

For a list of former environmentally relevant activities see the department’s website.
(2)In this section—
former environmentally relevant activity means an activity to which a section under schedule 2, of the former regulation, applied.
former regulation means this regulation as in force immediately before the commencement of this section.

div 2 (ss 170–173) ins 2013 SL No. 25 s 67

172Prescribed day—Act, s 676C

For section 676C(1) of the Act, the day prescribed is 31 March 2013.

div 2 (ss 170–173) ins 2013 SL No. 25 s 67

173Temporary devolution of power for application relating to prescribed ERA that is poultry farming

(1)This section applies to an application, made under the Act, relating to a prescribed ERA that is poultry farming, if—
(a)before the commencement of this section, a person made the application to a local government; and
(b)the application has not been decided by the local government.
(2)The administration of the Act in relation to deciding the application is a matter devolved to the local government for the purpose of the application and only until the application is decided.

div 2 (ss 170–173) ins 2013 SL No. 25 s 67

Part 8 Transitional provisions for Environmental Protection Amendment Regulation (No. 2) 2013

pt 8 (ss 174–175) ins 2013 SL No. 271 s 7

174Continuing devolution of power for particular local governments

(1)This section applies to an application, made under the Act, relating to a prescribed ERA mentioned in section 101 if—
(a)before the commencement of this section, a person made the application to a local government mentioned in schedule 8A; and
(b)at the commencement, the application had not been decided by the local government.
(2)The administration of the Act in relation to deciding the application continues to be devolved to the local government for the purpose of the application and only until the application is decided.

pt 8 (ss 174–175) ins 2013 SL No. 271 s 7

175When to pay financial assurance

(1)This section applies if, within 30 business days after the commencement of this section, a holder of a small scale mining tenure carries out a mining activity mentioned in schedule 2C, part 2, section 1.
(2)Despite schedule 2C, part 2, section 11(a), the holder must pay the financial assurance within 30 business days after the commencement of this section.

pt 8 (ss 174–175) ins 2013 SL No. 271 s 7

Part 9 Transitional provision for Environment Legislation Amendment and Repeal Regulation (No. 1) 2014

pt 9 (s 176) ins 2014 SL No. 198 s 5

176Compliance notice given under repealed regulation

(1)On and from the commencement, a written notice given by an authorised person to an affected person under section 10P(1) of the repealed regulation is taken to be a notice to comply given by an authorised person under section 81ZN.
(2)In this section—
repealed regulation means the Environmental Protection (Waste Management) Regulation 2000.

pt 9 (s 176) ins 2014 SL No. 198 s 5

Part 10 Transitional provisions for Environmental Protection Amendment Regulation (No. 1) 2015

pt hdg ins 2015 SL No. 129 s 6

177When shortfall in fee for particular major amendment application payable

(1)This section applies to a major amendment application made, but not decided, before the commencement if, immediately before the commencement, previous section 135 applied to the application.
(2)Despite the Environmental Protection Amendment Regulation (No. 1) 2015, section 5, previous section 135 continues to apply to the application.
(3)In this section—
previous section 135 means section 135 as in force immediately before the commencement.

s 177 ins 2015 SL No. 129 s 6

178Refunding overpayment of fee for particular major amendment applications

(1)This section applies to a major amendment application made, but not decided, before the commencement if, immediately before the commencement, previous section 136 applied to the application.
(2)Despite the Environmental Protection Amendment Regulation (No. 1) 2015, section 5, previous section 136 continues to apply to the application.
(3)In this section—
previous section 136 means section 136 as in force immediately before the commencement.

s 178 ins 2015 SL No. 129 s 6

pt hdg ins 2016 SL No. 116 s 9

179Application of s16A to existing environmental authorities

Section 16A, as amended by the Environmental Protection Legislation Amendment Regulation (No.1) 2016, applies in relation to an environmental authority whether the authority was issued before or after the commencement.

s 179 ins 2016 SL No. 116 s 9

180Existing environmental authorities for timber treatment activities

(1)This section applies to a person who, immediately before the commencement, held an environmental authority (a former environmental authority) to carry out a timber treatment activity under the unamended regulation.
(2)The person is, from the next anniversary day for the former environmental authority, taken to be the holder of an environmental authority under the amended regulation to carry out the timber treatment activity within the threshold for the activity mentioned in schedule 2, section 46 that relates to the level to which the person carries out the activity.
(3)If, after the commencement, the level to which the person carries out the timber treatment activity is not within a threshold for the activity mentioned in schedule 2, section 46, the former environmental authority lapses on its next anniversary day.
(4)In this section—

amended regulation means this regulation as in force after the commencement.

timber treatment activity means using chemicals to treat timber for preservation on a commercial basis.

unamended regulation means this regulation as in force immediately before the commencement.

s 180 ins 2016 SL No. 116 s 9

181Existing applications for particular prescribed ERAs

(1)This section applies to an application for an environmental authority to carry out a timber treatment activity made, but not decided, before the commencement.
(2)On the commencement—
(a)the application is taken to be an application for an environmental authority to carry out the timber treatment activity within the threshold for the activity mentioned in schedule 2, section 46 that relates to the level to which the person intends to carry out the activity; and
(b)the application fee paid for the application is taken to have been paid under this regulation.
(3)If, after the commencement, the level to which the person intends to carry out the timber treatment activity is not within a threshold for the activity mentioned in schedule 2, section 46, the application lapses and the application fee paid for the application must be refunded.
(4)In this section—

timber treatment activity means using chemicals to treat timber for preservation on a commercial basis.

s 181 ins 2016 SL No. 116 s 9

pt hdg ins 2018 SL No. 198 s 5

Division 1 Preliminary

div hdg ins 2018 SL No. 198 s 5

182Definitions for part

In this part—
former, for a provision of this regulation, means as in force immediately before the commencement of the section in which the term is used.
new, for a provision of this regulation, means as in force on the commencement of the section in which the term is used.

s 182 ins 2018 SL No. 198 s 5

Division 2 Transitional provisions for amendments commencing on notification

div hdg ins 2018 SL No. 198 s 5

183Existing environmental authorities for particular prescribed ERAs

(1)This section applies to a person who, immediately before the commencement, held an environmental authority (the existing environmental authority) to carry out a prescribed ERA mentioned in—
(a)schedule 2, former section 53; or
(b)schedule 2, former section 60(1)(a); or
(c)schedule 2, former section 60(1)(b).
(2)From the commencement, the person is taken to be the holder of an environmental authority (the replacement environmental authority) to carry out the prescribed ERA mentioned in—
(a)if subsection (1)(a) applies—schedule 2, new section 53; or
(b)if subsection (1)(b) applies—schedule 2, new section 60(1)(a); or
(c)if subsection (1)(c) applies—schedule 2, new section 60(1)(b).
(3)If the existing environmental authority was subject to a condition, the replacement environmental authority is taken to be subject to the condition.
(4)Subsection (5) applies to an annual fee, for the replacement environmental authority, due before—
(a)the first anniversary day for the authority after 15 November 2019; or
(b)if the authority is amended before 15 November 2019—the first anniversary day for the authority after the day the authority is amended.
(5)The annual fee is to be calculated as if—
(a)the replacement environmental authority were the existing environmental authority; and
(b)the Environmental Protection (Waste ERA Framework) Amendment Regulation 2018 had not commenced.
(6)If an amendment application for the existing environmental authority was made, but not decided, before the commencement—
(a)the amendment application is taken to relate to the replacement environmental authority; and
(b)if the application fee for the amendment application has been paid—no further application fee is required to be paid in relation to the amendment application.

s 183 ins 2018 SL No. 198 s 5

184Existing applications for particular prescribed ERAs

(1)This section applies to an application (the existing application) that—
(a)is for an environmental authority to carry out a prescribed ERA mentioned in—
(i)schedule 2, former section 53; or
(ii)schedule 2, former section 60(1)(a); or
(iii)schedule 2, former section 60(1)(b); and
(b)was made, but not decided, before the commencement.
(2)On the commencement—
(a)the application is taken to be an application (the new application) for an environmental authority to carry out the prescribed ERA mentioned in—
(i)if subsection (1)(a)(i) applies—schedule 2, new section 53; or
(ii)if subsection (1)(a)(ii) applies—schedule 2, new section 60(1)(a); or
(iii)if subsection (1)(a)(iii) applies—schedule 2, new section 60(1)(b); and
(b)if the application fee for the existing application was paid—the application fee for the new application is taken to have been paid.

s 184 ins 2018 SL No. 198 s 5

Chapter 10 [Repealed]

(Repealed)

ch hdg ins 2010 Act No. 19 s 32

om 2010 SL No. 363 s 10

Schedule 1 Matters to be addressed by assessment under EIS

sections 5(1) and 6(b)(ii)

General information

1the background of the project including, for example, the following matters—
the project’s title
the designated proponent’s full name and postal address
a clear outline of the project’s objective
the project’s location
the background to the project’s development
how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project
the project’s current status
the consequences of not proceeding with the project

Description

2a description of the project, including the following matters—
the project’s components
the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts
how the works are to be undertaken and design parameters for aspects of the structures or components of the project that may have relevant impacts
the project’s relevant impacts, including the matters under item 3
proposed safeguards and mitigation measures for dealing with the project’s relevant impacts, including the matters under item 4
any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the proposed project, including the matters under item 5
to the extent reasonably practicable, any feasible alternatives to the project, including, for example, the following—
if relevant, the alternative of taking no action
a comparative description of the impacts of each alternative on the matters of national environmental significance
sufficient detail to clarify why any alternative is preferred to another
any consultation about the project, including, for example, the following—
consultation taken and any documented response to, or result of, the consultation
proposed consultation about the project’s relevant impacts
identification of affected persons and interested persons, including a statement mentioning any communities that may be affected and describing the communities’ views

Relevant impacts

3the project’s relevant impacts under item 2 include the following matters—
a description of the project’s relevant impacts
a detailed assessment of the nature and extent of the likely short-term and long-term relevant impacts
a statement about whether any relevant impacts are likely to be unknown, unpredictable or irreversible
an analysis of the significance of the relevant impacts
any technical data and other information used or needed to make a detailed assessment of the relevant impacts

Proposed safeguards and mitigation measures

4the project’s proposed safeguards and mitigation measures under item 2 include the following matters—
a description, and an assessment of the expected or predicted effectiveness, of the mitigation measures for dealing with the project’s relevant impacts
any statutory or policy basis for the mitigation measures
the cost of the mitigation measures
an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant impacts, including any provision for independent environmental auditing
the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program
a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant impacts, including mitigation measures proposed to be taken by the State, a local government or the proponent

Other approvals and conditions

5the project’s other approvals and conditions under item 2 include the following matters—
details of any planning instrument under the Planning Act dealing with the project including, for example, the following—
what environmental assessment of the project has been, or is being, carried out under the planning instrument
how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts
a description of any approval, other than the Commonwealth approval, obtained from a State or Commonwealth entity, including any approval conditions applying to the project
a statement identifying any other required approval, other than the Commonwealth approval
a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project

Proponent’s environmental record

6details of any proceedings under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources (an environmental law) against the following—
the proponent
the applicant for any permit under an environmental law for the project
7if the proponent is a corporation, details of the corporation’s environmental policy and planning framework

Information sources

8details of the following about information given in the EIS—
the source of the information
how recent the information is
how the reliability of the information was tested
any uncertainties in the information

sch 1 amd 2009 SL No. 280 s 71; 2014 SL No. 57 s 5

Schedule 2 Prescribed ERAs and aggregate environmental scores

sections 14 and 17

Part 1 Aquaculture and intensive animal industry

1Aquaculture

(1)Aquaculture (the relevant activity) consists of cultivating or holding marine, estuarine or freshwater organisms in an enclosure on land or in waters.
(2)The relevant activity does not include cultivating or holding marine, estuarine or freshwater organisms—
(a)in an aquarium for display purposes only; or
(b)in an enclosure from which no water, other than uncontaminated stormwater, can be released to waters; or
(c)if the marine, estuarine or freshwater organisms receive no augmented food supply.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  cultivating or holding crustaceans in enclosures that are on land and have a total area of—
  

  
(a)  more than 100m2

11

C

  
(b)  more than 10ha but not more than 100ha

21

C

  
(c)  more than 100ha

34

C

2  cultivating or holding marine, estuarine or freshwater organisms, other than crustaceans, in enclosures that are on land and have a total area of—
  

  
(a)  more than 100m2 but not more than10ha

19

C

  
(b)  more than 10ha but not more than 100ha

29

C

  
(c)  more than 100ha

32

C

3  carrying out the relevant activity in enclosures that are in waters and have a total area of—
  

  
(a)  no more than 1ha

26

C

  
(b)  more than 1ha

36

C

(4)In this section—
augmented food supply, for cultivating or holding marine, estuarine or freshwater organisms, means the addition of foods for cultivating or holding the organisms.
enclosure includes a cage, pond or tank.

s 1 amd 2013 SL No. 25 s 68 (2)

2Intensive animal feedlotting

(1)Intensive animal feedlotting (the relevant activity) consists of keeping more than 150 standard cattle units of cattle or more than 1,000 standard sheep units of sheep in a feedlot.
(2)The relevant activity does not include keeping cattle or sheep—
(a)in a drought-declared area, if the animals are fed no more than their nutritional requirements; or
(b)on a feed pad in a paddock; or
(c)for no longer than is reasonably necessary for—
(i)sale, slaughter or transport; or
(ii)weaning; or
(iii)animal husbandry; or
(iv)milking; or
(v)shearing.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  keeping the following number of standard cattle units in a feedlot—
  

  
(a)  more than 150 but not more than 1,000

14

 

  
(b)  more than 1,000 but not more than 10,000

28

C

  
(c)  more than 10,000

49

C

2  keeping the following number of standard sheep units in a feedlot—
  

  
(a)  more than 1,000 but not more than 10,000

12

 

  
(b)  more than 10,000

26

C

(4)In this section—
animal husbandry includes—
(a)branding, dehorning, desexing, treating animals for pests (including preventative treating), vaccinating and veterinary work; and
(b)managing or treating animals as required under a law of the State for public health or safety.

Example—

keeping animals in an area that has been placed in quarantine
cattle includes—
(a)beef and dairy cattle; and
(b)cattle of all ages.
drought-declared area means an area that is considered to be severely affected by drought, however the relevant criterion is described, for the purpose of eligibility for assistance under a scheme administered by the State or Commonwealth government.
feedlot means a confined yard or enclosure that—
(a)contains watering and feeding facilities where cattle or sheep are fed entirely by hand or mechanically; and
(b)is designed, constructed or used in a way that does not allow cattle or sheep in the yard or enclosure to graze.
sheep includes sheep of all ages.

s 2 amd 2013 SL No. 25 s 68 (3)–(5); 2013 SL No. 182 s 5 (1)–(3)

3Pig keeping

(1)Pig keeping (the relevant activity) consists of keeping more than 400 standard pig units of pigs.
(2)The relevant activity does not include keeping pigs for no longer than is reasonably necessary for sale, slaughter or transport.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  keeping more than 400 but not more than 3,500 standard pig units

27

 

2  keeping more than 3,500 but not more than 8,000 standard pig units

34

C

3  keeping more than 8,000 standard pig units

43

C

s 3 amd 2013 SL No. 25 s 68 (6)–(7); 2013 SL No. 182 s 5 (4)–(5)

4Poultry farming

(1)Poultry farming (the relevant activity) consists of farming a total of more than 1,000 birds for—
(a)producing eggs or fertile eggs; or
(b)rearing hatchlings, starter pullets or layers; or
(c)rearing birds for meat.
(2)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  farming more than 1,000 but not more than 200,000 birds

no score

 

2  farming more than 200,000 birds

9

C

(3)In this section—
birds means any of the following—
(a)chickens;
(b)ducks;
(c)geese;
(d)guineafowl;
(e)turkeys.

s 4 amd 2013 SL No. 25 s 68 (8)

Part 2 Chemical, coal and petroleum products activities

5Alcohol production

(1)Alcohol production (the relevant activity) consists of producing more than 200m3 of alcohol in a year.
(2)The relevant activity does not include production of alcoholic beverages by simple fermentation only.

Example of simple fermentation—

making beer
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

producing more than 200m3 of alcohol in a year

48

C

s 5 amd 2013 SL No. 25 s 68 (9)

6Asphalt manufacturing

(1)Asphalt manufacturing (the relevant activity) consists of manufacturing in a year more than 1,000t of asphalt.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing more than 1,000t of asphalt in a year

32

C

s 6 sub 2013 SL No. 25 s 68 (10)

amd 2013 SL No. 182 s 5 (6)

7Chemical manufacturing

(1)Chemical manufacturing (the relevant activity) consists of any of the following—
(a)manufacturing a total of 200m3 or more of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint in a year;
(b)manufacturing a total of 200t or more of chemicals, other than chemicals mentioned in paragraph (a), in a year;
(c)using in the manufacturing process a total of 200t or more of chemicals as feedstock in a year.
(2)The relevant activity does not include—
(a)mixing non-combustible or non-flammable chemicals or chemical products that are not dangerous goods by diluting the chemicals or chemical products with water only; or
(b)blending ethanol with petrol; or
(c)carrying out an activity to which another section under this schedule applies, or would apply if the activity were carried out within a stated threshold under that section.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  manufacturing 200m3 or more of water based paint in a year

no score

 

2  manufacturing, in a year, the following total quantity of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint, other than water based paint—
  

  
(a)  200m3 to 1,000m3

10

C

  
(b)  more than 1,000m3 but not more than 100,000m3

19

C

  
(c)  more than 100,000m3

37

C

3  manufacturing, in a year, a total of 200t or more of any of the following—
  

  
(a)  soap, surfactants or cleaning or toiletry products

39

 

  
(b)  agricultural chemical products or chemicals for biological control

114

C

  
(c)  medicines, pharmaceutical products, poisons or veterinary chemical products

115

C

  
(d)  explosives

138

C

4  manufacturing, in a year, the following quantities of fertiliser—
  

  
(a)  200t to 5,000t

33

C

  
(b)  more than 5,000t

153

C

5  manufacturing, in a year, the following quantities of organic chemicals, other than organic chemicals to which items 1 to 4 apply—
  

  
(a)  200t to 1,000t

30

C

  
(b)  more than 1,000t but not more than 10,000t

66

C

  
(c)  more than 10,000t but not more than 100,000t

139

C

  
(d)  more than 100,000t

202

C

6  manufacturing, in a year, the following quantities of inorganic chemicals, other than inorganic chemicals to which items 1 to 4 apply—
  

  
(a)  200t to 1,000t

56

C

  
(b)  more than 1,000t but not more than 10,000t

115

C

  
(c)  more than 10,000t but not more than 100,000t

200

C

  
(d)  more than 100,000t

268

C

(4)In this section—
agricultural chemical product means an agricultural chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).
manufacturing includes combining, processing and reacting.
poison means a poison in the ‘Standard for the Uniform Scheduling of Drugs and Poisons’ compiled by the Australian Health Ministers’ Advisory Council and published by the Commonwealth.
veterinary chemical product means a veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).

s 7 amd 2011 SL No. 248 s 12; 2013 SL No. 25 s 68 (11)

8Chemical storage

(1)Chemical storage (the relevant activity) consists of storing—
(a)50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 in containers of at least 10m3; or
(b)50t or more of chemicals of dangerous goods class 6, division 6.1 in containers capable of holding at least 900kg of the chemicals; or
(c)more than 500m3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3; or
(d)the following quantities of other chemicals in containers of at least 10m3
(i)200t or more, if they are solids or gases;
(ii)200m3 or more, if they are liquids.
(2)However, the relevant activity does not include—
(a)in-transit storage of chemicals; or
(b)storing chemicals for carrying out an activity under section 7; or
(c)transporting petroleum under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or
(d)carrying out an activity to which section 55, 56, 57 or 58 applies.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  storing a total of 50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 under subsection (1)(a)

51

C

2  storing 50t or more of chemicals of dangerous goods class 6, division 6.1 under subsection (1)(b)

51

C

3  storing more than 500m3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 under subsection (1)(c)

85

C

4  storing 200t or more of chemicals that are solids or gases, other than chemicals mentioned in items 1 to 3, under subsection (1)(d)

31

C

5  storing 200m3 or more of chemicals that are liquids, other than chemicals mentioned in items 1 to 3, under subsection (1)(d)

31

C

(4)In this section—
container includes a package or tank.
in-transit storage, of chemicals, means storage of the chemicals in a container for no more than 5 days at a place, if, during the storage—
(a)the container holding the chemicals is not opened; and
(b)the chemicals are neither used, nor intended to be used.

Examples of in-transit storage—

containers of chemicals being transported or awaiting transport or collection because of unavoidable delay

s 8 amd 2010 SL No. 363 s 13 (1); 2011 SL No. 46 s 7; 2013 SL No. 25 s 68 (12)–(16); 2013 SL No. 182 s 5 (7)

9Hydrocarbon gas refining

(1)Hydrocarbon gas refining (the relevant activity) consists of refining natural gas or coal seam methane gas.
(2)The relevant activity does not include—
(a)collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or
(b)collecting naturally occurring gas from coal seams if the collection is authorised under an environmental authority for a resource activity; or
(c)reforming or synthesising gas.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

refining in a year—

  

(a)  less than 200,000,000m3 of natural gas

no score

C

(b)  200,000,000m3 or more of natural gas

19

C

(c)  coal seam gas

64

C

s 9 amd 2013 SL No. 25 s 68 (17)–(18)

10Gas producing

(1)Gas producing (the relevant activity) consists of manufacturing, processing or reforming 200t or more of hydrocarbon gas in a year.
(2)The relevant activity does not include—
(a)collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or
(b)collecting gas from naturally occurring hydrocarbon deposits or coal seams.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing, processing or reforming 200t or more of hydrocarbon gas in a year

64

C

(4)In this section—
relevant waste management activity means an activity to which section 55, 56, 58 or 60 applies.

s 10 amd 2013 SL No. 25 s 68 (19); 2013 SL No. 182 s 5 (8)–(9)

11Oil refining or processing

(1)Oil refining or processing (the relevant activity) consists of refining or processing crude oil or shale oil.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

refining or processing, in a year, the following quantity of crude or shale oil—

  

(a)  less than 500m3

146

C

(b)  500m3 to 150,000m3

186

C

(c)  more than 150,000m3

237

C

s 11 amd 2013 SL No. 25 s 68 (20)

12Plastic product manufacturing

(1)Plastic product manufacturing (the relevant activity) consists of—
(a)manufacturing, in a year, a total of 50t or more of plastic products, other than a plastic product mentioned in paragraph (b); or
(b)manufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  manufacturing, in a year, a total of 50t or more of plastic product, other than a plastic product mentioned in item 2

28

C

2  manufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics

54

C

s 12 amd 2013 SL No. 25 s 68 (21)

13Tyre manufacturing or retreading

(1)Tyre manufacturing and retreading (the relevant activity) consists of either or both of the following—
(a)manufacturing tyres;
(b)retreading tyres.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  manufacturing tyres

36

C

2  retreading tyres

17

 

s 13 amd 2013 SL No. 25 s 68 (22)

Part 3 Energy related services

14Electricity generation

(1)Electricity generation (the relevant activity) consists of generating electricity by using fuel at a rated capacity of 10MW electrical or more.
(2)The relevant activity does not include co-generating electricity in association with carrying out another environmentally relevant activity.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  generating electricity by using gas at a rated capacity of 10MW electrical or more

72

C

2  generating electricity by using a fuel, other than gas, at a rated capacity of—
  

  
(a)  10MW electrical to 150MW electrical

76

C

  
(b)  more than 150MW electrical

151

C

(4)In this section—
co-generating means using a fuel to simultaneously produce heat and electrical energy.

s 14 amd 2013 SL No. 25 s 68 (23)

15Fuel burning

(1)Fuel burning (the relevant activity) consists of using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour.
(2)The relevant activity does not include burning fuel for—
(a)carrying out an activity to which another section applies or would apply if it were carried out within a stated threshold under that section; or
(b)operating a stand-by generator for fewer than 200 hours in a year; or
(c)operating mobile equipment to respond, or for training to respond, to an emergency.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour

35

C

s 15 amd 2013 SL No. 25 s 68 (24)

Part 4 Extractive activities

16Extractive and screening activities

(1)Extractive and screening activities (the relevant activity) consists of any of the following—
(a)dredging a total of 1,000t or more of material from the bed of naturally occurring surface waters, in a year;
(b)extracting, other than by dredging, a total of 5,000t or more of material, in a year, from an area;

Examples—

extracting material for excavating a bund between existing waters and an artificial waterway being constructed on dry land
extracting virgin rock from a quarry
extracting rock, that has been previously broken, from a stockpile on the site from which the rock was originally extracted
(c)screening 5,000t or more of material, in a year.
(2)The relevant activity does not include—
(a)extracting material under an environmental authority for a resource activity; or
(b)extracting material from a road reserve if—
(i)the material is to be used for constructing or maintaining a road; and
(ii)the surface area from which the material is extracted is less than 10,000m2; or
(c)extracting material from a place for constructing a road or railway at the place; or

Examples—

cutting and filling land for constructing a road or railway
extracting material for constructing a tunnel for a road or railway
(d)extracting material from a place, other than by dredging, for constructing the foundations of a building at the place; or
(e)extracting material for reshaping land if—
(i)reshaping the land does not involve blasting; and
(ii)the material is not removed from the site from which it is extracted; or

Example—

cutting and filling land for creating building lots
(f)screening material on the site from which it has been extracted in the course of carrying out an activity mentioned in paragraphs (a) to (e).
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  dredging, in a year, the following quantity of material—
  

  
(a)  1,000t to 10,000t

11

C

  
(b)  more than 10,000t but not more than 100,000t

25

C

  
(c)  more than 100,000t but not more than 1,000,000t

44

C

  
(d)  more than 1,000,000t

66

C

2  extracting, other than by dredging, in a year, the following quantity of material—
  

  
(a)  5,000t to 100,000t

22

 

  
(b)  more than 100,000t but not more than 1,000,000t

39

C

(c)  more than 1,000,000t

57

C

3  screening, in a year, the following quantity of material—
  

  
(a)  5,000t to 100,000t

13

 

  
(b)  more than 100,000t but not more than 1,000,000t

29

 

  
(c)  more than 1,000,000t

47

 
(4)In this section—
material includes clay, gravel, loam, rock, sand and other substances found in the earth.
road reserve means a road reserve under the Land Act 1994.
screening includes washing, crushing, grinding, milling, sizing or separating material.

s 16 amd 2008 SL No. 439 s 13 (1); 2009 SL No. 145 s 14 (1)–(7); 2013 SL No. 25 s 68 (25)–(34); 2013 SL No. 83 s 6 (1); 2014 Act No. 40 s 154 sch 1 pt 3

17[Repealed]

s 17 om 2013 SL No. 25 s 68 (35)

18[Repealed]

s 18 om 2013 SL No. 25 s 68 (36)

Part 5 Fabricated metal product activities

19Metal forming

(1)Metal hot forming consists of hot forming a total of 10,000t or more of metal in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

hot forming a total of 10,000t or more of metal in a year

no score

C

(3)In this section—
hot forming, in relation to metal, includes to heat the metal and—
(a)press, forge, extend, extrude or roll metal; or
(b)form metal into plate, wire or rods; or
(c)fabricate metal into sheets.

s 19 amd 2013 SL No. 25 s 68 (37)–(39)

20Metal recovery

(1)Metal recovery (the relevant activity) consists of recovering metal by operating—
(a)a scrap metal yard; or
(b)a facility for dismantling automotive or mechanical equipment, including debonding brake or clutch components.
(2)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  recovering less than 100t of metal in a day

no score

C

2  recovering 100t or more of metal in a day, or 10,000t or more of metal in a year—
  

  
(a)  without using a fragmentiser

19

C

  
(b)  using a fragmentiser

51

C

s 20 amd 2013 SL No. 25 s 68 (40)

21[Repealed]

s 21 amd 2009 SL No. 145 s 2 sch; 2009 SL No. 304 s 7 (1)

om 2013 SL No. 25 s 68 (41)

Part 6 Food processing

22Beverage production

(1)Beverage production (the relevant activity) consists of producing 1ML or more of beverages in a year.
(2)The relevant activity does not include—
(a)carrying out an activity to which section 5 would apply, if the activity were carried out within a stated threshold under that section; or
(b)producing non-alcoholic beverages if the production does not allow for the release of waste to waters; or
(c)bottling water.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

1  producing, in a year, the following quantity of non-alcoholic beverages—
 

  
(a)  1ML to 10ML

19

  
(b)  more than 10ML

32

2  producing 1ML or more of alcoholic beverages in a year

55

23Bottling and canning

(1)Bottling and canning (the relevant activity) consists of bottling or canning 200t or more of food in a year.
(2)The relevant activity does not include—
(a)bottling or canning that is included under another environmentally relevant activity; or
(b)bottling water.
(3)The aggregate environmental score for the relevant activity is 45.

24Edible oil manufacturing or processing

(1)Edible oil manufacturing or processing consists of manufacturing or processing 1,000t or more of feedstock material for edible oil production in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing or processing 1,000t or more of feedstock material for edible oil production in a year

38

C

s 24 amd 2013 SL No. 25 s 68 (42)

25Meat processing

(1)Meat processing (the relevant activity) consists of either of the following—
(a)processing 1,000t or more of meat or meat products in a year, whether or not the processing includes rendering;
(b)rendering 100t or more of meat or meat products in a year, if the meat or meat products are not otherwise processed.
(2)The relevant activity does not include processing meat or meat products that—
(a)involves only chilling, curing, drying, freezing, packaging or smoking the meat or meat products; or
(b)does not involve any of the following—
(i)slaughtering animals;
(ii)rendering the meat or meat products;
(iii)the release of waste to waters;
(iv)the treatment of waste using anaerobic or facultative systems.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  processing, not including rendering, in a year, the following quantity of meat or meat products—
  

  
(a)  1,000t to 5,000t

16

 

  
(b)  more than 5,000t but not more than 50,000t

26

C

  
(c)  more than 50,000t

41

C

2  processing, including rendering, in a year, the following quantity of meat or meat products—
  

  
(a)  1,000t to 5,000t

25

 

  
(b)  more than 5,000t but not more than 50,000t

48

C

  
(c)  more than 50,000t

66

C

3  rendering, without any other processing, in a year, the following quantity of meat or meat products—
  

  
(a)  100t to 500t

no score

C

  
(b)  more than 500t

29

C

(4)In this section—
processing, meat or meat products, includes slaughtering animals to produce meat or meat products.
rendering meat or meat products, means extracting by-products from the processing of animals, including fat, tallow, derivatives of fat or tallow or proteinaceous matter.

s 25 amd 2013 SL No. 25 s 68 (43); 2015 SL No. 129 s 7

26Milk processing

(1)Milk processing (the relevant activity) consists of manufacturing or processing a total of 200t or more of dairy products in a year.
(2)The relevant activity does not include processing milk on a farm in the course of normal farm operations.
(3)The aggregate environmental score for the relevant activity is 37.
(4)In this section—
dairy products includes milk, evaporated or condensed milk, butter, cheese and ice-cream.
processing includes separating and evaporating.

27Seafood processing

(1)Seafood processing (the relevant activity) consists of processing, in a year, 500t or more of seafood or seafood products.
(2)The relevant activity does not include—
(a)processing seafood involving only chilling, curing, drying, freezing, packaging or smoking the seafood; or
(b)processing seafood in retail premises, including, for example, fish shops and supermarkets; or
(c)cooking whole animals; or
(d)processing seafood on a boat in waters.
(3)The aggregate environmental score for the relevant activity is 15.

28Sugar milling or refining

(1)Sugar milling or refining (the relevant activity) consists of either—
(a)crushing or grinding 200t or more of sugar cane in a year; or
(b)manufacturing 200t or more of sugar or other sugarcane products in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

crushing or grinding 200t or more of sugar cane in a year or manufacturing 200t or more of sugar or other sugarcane products in a year

48

C

s 28 amd 2013 SL No. 25 s 68 (44)

Part 7 Metal production and mineral processing activities

29Metal foundry operation

(1)Metal foundry operation (the relevant activity) consists of—
(a)producing 100t or more of ferrous metal castings in a year; or
(b)producing 50t or more of non-ferrous metal castings in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  producing, in a year, the following quantity of ferrous metal castings—
  

  
(a)  100t to 1,000t

35

C

  
(b)  more than 1,000t but not more than 5,000t

45

C

  
(c)  more than 5,000t but not more than 10,000t

47

C

  
(d)  more than 10,000t

62

C

2  producing, in a year, 50t or more of non-ferrous metal castings using permanent moulds

13

 

3  producing, in a year, the following quantity of non-ferrous metal castings using non-permanent moulds—
  

  
(a)  50t to 200t

16

 

  
(b)  more than 200t but not more than 1,000t

19

C

  
(c)  more than 1,000t but not more than 5,000t

28

C

  
(d)  more than 5,000t

33

C

s 29 amd 2013 SL No. 25 s 68 (45)

30Metal smelting and refining

(1)Metal smelting and refining (the relevant activity) consists of processing ores, ore concentrates or impure metals to produce in a year—
(a)1t or more of gold; or
(b)10t or more of—
(i)a metal, other than gold; or
(ii)a metalloid.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

processing in a year—

  

(a)  1t to 100t of gold

107

C

(b)  10t to 100t of metalloids or metals other than gold

107

C

(c)  more than 100t but not more than 10,000t of metals or metalloids

205

C

(d)  more than 10,000t of metals or metalloids

316

C

(3)In this section—
metalloid means an element that is both metallic and non-metallic.

Examples—

arsenic, bismuth, silicon
processing includes smelting.

s 30 amd 2013 SL No. 25 s 68 (46)

31Mineral processing

(1)Mineral processing (the relevant activity) consists of processing, in a year, a total of 1,000t or more of coke or mineral products.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  processing 1,000t or more of coke in a year

148

C

2  processing, in a year, the following quantities of mineral products, other than coke—
  

  
(a)  1,000t to 100,000t

179

C

  
(b)  more than 100,000t

280

C

(3)In this section—
processing includes—
(a)in relation to coke—quenching, cutting, crushing, and grading the coke; or
(b)in relation to other mineral products—washing, leaching, classifying, mixing and concentrating the mineral products.

Example for paragraph (b)—

magnetic separation of magnetite

s 31 amd 2013 SL No. 25 s 68 (47)

Part 8 Miscellaneous activities

32Battery manufacturing

(1)Battery manufacturing consists of manufacturing 200t or more of batteries in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing 200t or more of batteries in a year

35

C

s 32 amd 2013 SL No. 25 s 68 (48)

33Crushing, milling, grinding or screening

(1)Crushing, milling, grinding or screening (the relevant activity) consists of crushing, grinding, milling or screening more than 5,000t of material in a year.
(2)The activity includes crushing waste, other than putrescible waste, to extract resources for reuse or recycling.
(3)The relevant activity does not include—
(a)crushing, grinding, milling or screening—
(i)grain crops; or
(ii)other agricultural products on a farm for use on the farm; or
(b)an activity to which section 16, 55 or 61 would apply, if the activity were carried out within a stated threshold under that section.
(4)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

crushing, grinding, milling or screening more than 5,000t of material in a year

no score

C

s 33 amd 2009 SL No. 145 s 14 (8); 2013 SL No. 25 s 68 (49)

34[Repealed]

s 34 om 2013 SL No. 25 s 68 (50)

35Plaster manufacturing

(1)Plaster manufacturing consists of manufacturing or processing 5,000t or more of plaster in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing or processing 5,000t or more of plaster in a year

47

C

s 35 amd 2013 SL No. 25 s 68 (51)

36Pulp or paper manufacturing

(1)Pulp or paper manufacturing consists of manufacturing a total of 100t or more of pulp or paper products in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing a total of 100t or more of pulp or paper products in a year

204

C

(3)In this section—
pulp or paper products means pulp, paper, cardboard, moulded paper pulp or similar products manufactured from any organic, recycled or synthetic fibre.

s 36 amd 2013 SL No. 25 s 68 (52)

37[Repealed]

s 37 om 2013 SL No. 25 s 68 (53)

38Surface coating

(1)Surface coating (the relevant activity) consists of using, in a year—
(a)1t or more of surface coating materials for anodising, electroplating, enamelling or galvanising; or
(b)more than 100t of surface coating materials for coating or painting or powder coating.
(2)The relevant activity does not include—
(a)coating a surface using only a paintbrush, roller or sponge; or
(b)coating or painting for marking pavements or roads; or
(c)coating a surface in association with carrying out an activity to which section 48 or 49 applies.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  anodising, electroplating, enamelling or galvanising using, in a year, the following quantity of surface coating materials—
  

  
(a)  1t to 100t

10

C

  
(b)  more than 100t but not more than 1,000t

19

C

  
(c)  more than 1,000t but not more than 10,000t

41

C

  
(d)  more than 10,000t

66

C

2  coating, painting or powder coating, using, in a year, more than 100t of surface coating materials

7

 
(4)In this section—
painting includes—
(a)adding a surface coating other than anodising, electroplating, enamelling or galvanising surfaces; and
(b)spray painting.

s 38 amd 2009 SL No. 145 s 14 (9)–(10); 2013 SL No. 25 s 68 (54)–(56); 2013 SL No. 182 s 5 (10)

39Tanning

(1)Tanning consists of operating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

operating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year

56

C

(3)In this section—
leather products includes—
(a)cured animal skins or hides; and
(b)finished leather.

s 39 amd 2013 SL No. 25 s 68 (57)

40Textile manufacturing

(1)Textile manufacturing consists of manufacturing or processing, in a year, a total of 100t or more of any of the following textile products in the way stated for the product—
(a)manufacturing carpet;
(b)scouring or carbonising wool;
(c)milling cotton;
(d)bleaching, dyeing or finishing natural fibre or synthetic textiles.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

1  manufacturing or processing, in a year, a total of 100t or more of carpet

27

C

2  manufacturing or processing, in a year, a total of 100t or more of scouring or carbonising wool

27

C

3  manufacturing or processing, in a year, a total of 100t or more of milling cotton

27

C

4  manufacturing or processing, in a year, a total of 100t or more of bleaching, dyeing or finishing natural fibre or synthetic textiles

27

C

s 40 amd 2013 SL No. 25 s 68 (58)

Part 9 Non-metallic mineral product manufacture

41Cement manufacturing

(1)Cement manufacturing consists of, in a year—
(a)manufacturing 200t or more of cement; or
(b)calcining 200t or more of limestone.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

1  manufacturing 200t or more of cement in a year

92

C

2  calcining 200t or more of limestone in a year

92

C

s 41 amd 2013 SL No. 25 s 68 (59)

42Clay or ceramic products manufacturing

(1)Clay or ceramic products manufacturing (the relevant activity) consists of manufacturing 200t or more of clay or ceramic products in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing the following quantity of clay or ceramic products in a year—

  

(a)  200t to 5,000t

32

C

(b)  more than 5,000t

62

C

(3)In this section—
clay or ceramic products includes bricks, pipes, pottery, refractories and tiles.

s 42 amd 2013 SL No. 25 s 68 (60)

43[Repealed]

s 43 om 2013 SL No. 25 s 68 (61)

44Glass or glass fibre manufacturing

(1)Glass or glass fibre manufacturing consists of manufacturing 200t or more of glass or glass fibre in a year.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing 200t or more of glass or glass fibre in a year

67

C

s 44 amd 2013 SL No. 25 s 68 (62)

45Mineral wool or ceramic fibre manufacturing

(1)Mineral wool or ceramic fibre manufacturing consists of manufacturing mineral wool or ceramic fibre.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

manufacturing mineral wool or ceramic fibre

55

C

s 45 amd 2013 SL No. 25 s 68 (63)

Part 10 Sawmilling, woodchipping, and timber and laminated product manufacturing

pt hdg amd 2013 SL No. 182 s 5 (11)

46Chemically treating timber

(1)Chemically treating timber for preservation on a commercial basis (the relevant activity) consists of the following—
(a)using chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat a total of 1,500m3 or more of timber in a year;
(b)using copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B to treat timber.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  using chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat 1,500m3 or more of timber in a year for preservation on a commercial basis

32

C

2  using copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B, to treat timber for preservation on a commercial basis

42

C

(3)In this section—

AS1604.1 means ‘AS 1604.1:2012—Specification for preservative treatment—Sawn and round timber’.

s 46 amd 2013 SL No. 25 s 68 (64)

sub 2016 SL No. 116 s 10

47Timber milling and woodchipping

(1)Timber milling and woodchipping (the relevant activity) consists of milling a total of 5,000t or more of timber in a year.
(2)The relevant activity includes—
(a)kiln-drying timber that has been milled; and
(b)producing timber veneer.
(3)The relevant activity does not include—
(a)carrying out the relevant activity as a mobile and temporary environmentally relevant activity for fewer than 2 consecutive days at any one place; or
(b)carrying out the relevant activity in association with carrying on an activity to which section 48 applies, or would apply, if the activity were carried out within a stated threshold under that section.
(4)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

milling, in a year, the following total quantity of timber—

  

(a)  5,000t to 10,000t

22

C

(b)  more than 10,000t but not more than 20,000t

35

C

(c)  more than 20,000t but not more than 100,000t

58

C

(d)  more than 100,000t

69

C

(5)In this section—
milling includes sawing, cutting, chipping, compressing, dressing, finger-jointing, and machining.
timber includes logs.

s 47 amd 2013 SL No. 25 s 68 (65)

48Timber and laminated product fabrication

(1)Timber and laminated product manufacture (the relevant activity) consists of manufacturing, in a year, a total of—
(a)5,000t or more of reconstituted timber products; or
(b)100t or more of laminated products.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  manufacturing, in a year, the following quantity of reconstituted timber products—
  

  
(a)  5,000t to 10,000t

42

C

  
(b)  more than 10,000t

70

C

2  manufacturing in a year 100t or more of laminated products

55

C

(3)In this section—
laminated products includes high pressure laminate sheeting, laminate-covered wooden or reconstituted timber products, thick laminates and fibre polymer laminates.
reconstituted timber products includes chipboard, glue laminated timber, laminated veneer lumber, medium density fibreboard and plywood.

s 48 amd 2008 SL No. 439 s 13 (2); 2009 SL No. 145 s 14 (11)–(12); 2013 SL No. 25 s 68 (66)–(70); 2013 SL No. 182 s 5 (12)–(14)

Part 11 Transport and maritime services

49Boat maintenance or repair

(1)Boat maintenance or repair (the relevant activity) consists of operating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes if the facility is within 50 metres of a bed of naturally occurring surface waters.
(2)The relevant activity includes cleaning or maintaining hulls in water at a boat maintenance or repair facility or another place.
(3)The relevant activity does not include sail making.
(4)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

operating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes

17

C

s 49 amd 2013 SL No. 25 s 68 (71)–(72); 2013 SL No. 83 s 6 (2)

50Bulk material handling

(1)Bulk material handling (the relevant activity) consists of—
(a)loading or unloading minerals at a rate of 100t or more a day; or
(b)stockpiling 50,000t or more of minerals; or
(c)loading or unloading bulk materials—
(i)in connection with operations at a port; and
(ii)at a rate of 100t or more a day; or
(d)stockpiling bulk materials in connection with operations at a port.
(2)The relevant activity does not include loading, unloading or stockpiling materials under an environmental authority for a resource activity.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  loading or unloading 100t or more of minerals in a day or stockpiling 50,000t or more of minerals—
  

(a)  within 5km of the highest astronomical tide or 1km of a watercourse

73

C

  
(b)  at another place

49

C

2  loading or unloading 100t or more of bulk materials in a day or stockpiling bulk materials

73

C

(4)In this section—
bulk materials means unpackaged and loose materials or goods, other than minerals.
mineral see the Mineral Resources Act 1989, schedule.
port means the port area for a port under the Transport Infrastructure Act 1994, section 267AA.

s 50 amd 2008 SL No. 439 s 13 (3); 2009 SL No. 145 s 14 (13); 2010 Act No. 19 s 33; 2013 SL No. 25 s 68 (73)–(74)

51Road tunnel ventilation stack operation

(1)Road tunnel ventilation stack operation consists of operating a road tunnel ventilation stack.
(2)The relevant activity does not include carrying out an activity associated with operating a road tunnel ventilation stack for the projects known as Clem Jones Tunnel and Airport Link Project described in the Coordinator-General’s reports for the EIS, and change reports, for the projects under the State Development and Public Works Organisation Act 1971.

Editor’s note—

The Clem Jones Tunnel was formerly called the North-South Bypass Tunnel.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

operating a road tunnel ventilation stack

36

C

s 51 amd 2013 SL No. 25 s 68 (75)–(77)

Part 12 Waste management

52Battery recycling

(1)Battery recycling consists of operating a facility for receiving, and recycling or reprocessing, any type of battery.
(2)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

operating a facility for receiving, and recycling or reprocessing, any type of battery

no score

C

s 52 amd 2013 SL No. 25 s 68 (78)

53Organic material processing

(1)Organic material processing (the relevant activity) consists of operating a facility for processing, by way of composting or anaerobic digestion, more than 200t of organic material in a year.
(2)The relevant activity does not include—
(a)manufacturing mushroom growing substrate; or
(b)the composting of organic material from agriculture or livestock production if—
(i)the organic material is either—
(A)composted at the site where it was produced; or
(B)transported to another site, where agriculture or livestock production is carried out, and composted at that site; and
(ii)the composted organic material is supplied, free of charge, for use at a site where agriculture or livestock production is carried out; or
(c)the anaerobic digestion of organic material at a facility—
(i)to which section 63 applies; or
(ii)where an activity, to which section 25 applies, is carried out.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

processing more than 200t of organic material in a year—

  

(a)  by composting the organic material

18

C

(b)  by anaerobic digestion

16

C

(4)In this section—
anaerobic digestion, of organic material, means the decomposition of the organic material by microorganisms in the absence of oxygen.
organic material means—
(a)animal matter, including, for example, dead animals, animal remains and animal excreta; or
(b)plant matter, including, for example, bark, lawn clippings, leaves, mulch, pruning waste, sawdust, shavings, woodchip and other waste from forest products; or
(c)organic waste.
organic waste
(a)includes the following—
(i)a substance used for manufacturing fertiliser for agricultural, horticultural or garden use;
(ii)animal manure;
(iii)biosolids;
(iv)cardboard and paper waste;
(v)fish processing waste;
(vi)food and food processing waste;
(vii)grease trap waste;
(viii)green waste;
(ix)poultry processing waste;
(x)waste generated from an abattoir; but
(b)does not include—
(i)clinical or related waste; or
(ii)contaminated soil; or
(iii)quarantine waste; or
(iv)synthetic substances, other than synthetic substances to which paragraph (a)(i) applies.

s 53 amd 2009 SL No. 145 s 14 (14); 2013 SL No. 25 s 68 (79)

sub 2018 SL No. 198 s 6

54[Repealed]

s 54 om 2013 SL No. 25 s 68 (80)

55Regulated waste recycling or reprocessing

(1)Regulated waste recycling or reprocessing (the relevant activity) consists of operating a facility for receiving, and recycling or reprocessing, regulated waste to produce saleable products.
(2)The relevant activity does not include—
(a)carrying out an activity to which section 25 or 53 would apply if the activity were carried out within a stated threshold under any of those sections; or
(b)carrying out an activity to which section 52 applies; or
(c)recycling or reprocessing tyres; or
(d)manufacturing mushroom growing substrate.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  carrying out the relevant activity if—
(a)  the regulated waste is in a solid form or an aqueous solution or suspension; and
(b)  no more than 10t of regulated waste is stored or processed at the facility in a day; and
(c)  all liquid or solid waste generated from the activity is released to a local government’s sewerage infrastructure or a facility mentioned in section 56, 58, 60 or 61

9

C

2  otherwise carrying out the relevant activity

85

C

s 55 amd 2009 SL No. 304 s 7 (2); 2013 SL No. 25 s 68 (81)–(84)

56Regulated waste storage

(1)Regulated waste storage (the relevant activity) consists of operating a facility for receiving and storing regulated waste for more than 24 hours.
(2)The relevant activity does not include—
(a)storing tyres or parts of tyres; or
(b)storing regulated waste in transit; or
(c)storing at a facility, for no more than 28 days, any of the following, awaiting removal from the facility for recycling, reprocessing, treatment or disposal—
(i)pharmaceuticals;
(ii)body parts;
(iii)clinical waste consisting only of sharps in sharps containers that comply with AS 4031 or AS/NZS 4261; or
(d)storing at a facility chemically treated power poles awaiting removal from the facility for recycling, reprocessing or treatment; or
(e)storing at a facility any of the following, awaiting removal from the facility for recycling, reprocessing or treatment—
(i)not more than 3,000 used lead-acid batteries, up to a total mass of 45t;
(ii)not more than 5,000L of waste oil; or
(f)carrying out an activity to which section 20, 25, 27, 53, 60, 61 or 62 would apply if the activity were carried out within a stated threshold under the section; or
(g)carrying out an activity to which section 55 or 58 applies.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

receiving and storing regulated waste

21

C

(4)In this section—
AS 4031 means ‘AS 4031:1992—Non-reusable containers for the collection of sharp medical items used in health care areas’.
AS/NZS 4261 means ‘AS/NZS 4261:1994—Reusable containers for the collection of sharp items used in human and animal medical applications’.
in-transit, in relation to storing regulated waste, means storing the waste for no more than 5 days, including, for example, while transporting the waste or because of an unavoidable delay in transporting the waste.

s 56 amd 2009 SL No. 304 s 7 (3)–(4); 2013 SL No. 25 s 68 (85)–(88); 2013 SL No. 182 s 5 (15)–(18); 2014 SL No. 198 s 6

57Regulated waste transport

(1)Regulated waste transport (the relevant activity) consists of—
(a)transporting on a non-commercial basis 250kg or more of regulated waste in a vehicle; or
(b)transporting on a commercial basis any quantity of regulated waste in a vehicle.
(2)The relevant activity does not include transporting chemically treated power poles in a vehicle.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

1  transporting tyres

no score

2  transporting regulated waste, other than tyres, in—
 

  
(a)  1 to 5 vehicles

7

  
(b)  6 to 35 vehicles

21

  
(c)  36 or more vehicles

42

(4)In this section—
vehicle includes the part of an aircraft, boat, rolling stock, semi-trailer, tanker, trailer or truck, used to transport the regulated waste.

s 57 amd 2009 SL No. 304 s 7 (5)–(6)

58Regulated waste treatment

(1)Regulated waste treatment (the relevant activity) consists of operating a facility for receiving and treating regulated waste or contaminated soil to render the waste or soil non-hazardous or less hazardous.
(2)The relevant activity does not include—
(a)carrying out an activity to which section 25, 27, 53, 59 or 61 would apply if the activity were carried out within a stated threshold under any of those sections; or
(b)carrying out an activity to which section 52 or 55 applies; or
(c)remediation of contaminated soil at the site of the contamination.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

operating a facility for receiving and treating regulated waste or contaminated soil to render the waste or soil non-hazardous or less hazardous

90

C

(4)In this section—
regulated waste does not include reconditioned drums or containers that are clean and do not contain residues.

s 58 amd 2013 SL No. 25 s 68 (89)–(90)

59Tyre recycling

(1)Tyre recycling (the relevant activity) consists of operating a facility on a commercial basis for receiving and recycling or receiving and reprocessing 1,000 or more equivalent passenger units of tyres, or parts of tyres, in a year.
(2)The relevant activity does not include retreading tyres.
(3)There is no aggregate environmental score for the relevant activity.

60Waste disposal

(1)Waste disposal (the relevant activity) consists of only 1 of the following—
(a)operating a facility for disposing of—
(i)only regulated waste; or
(ii)regulated waste and any, or any combination, of the following—
(A)general waste;
(B)limited regulated waste;
(C)if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;
(b)operating a facility for disposing of—
(i)only general waste; or
(ii)general waste and either, or a combination, of the following—
(A)a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year;
(B)if the facility is in a scheduled area—no more than 5t of untreated clinical waste;
(c)operating a facility for disposing of only inert waste;
(d)maintaining a decommissioned waste disposal facility.
(2)The relevant activity does not include using clean earth as fill.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1)(a)—
  

  
(a)  less than 50,000t

65

C

  
(b)  50,000t to 100,000t

92

C

  
(c)  more than 100,000t but not more than 200,000t

116

C

  
(d)  more than 200,000t

119

C

2  operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1)(b)—
  

  
(a)  less than 2,000t

18

C

  
(b)  2,000t to 5,000t

27

C

  
(c)  more than 5,000t but not more than 10,000t

37

C

  
(d)  more than 10,000t but not more than 20,000t

45

C

  
(e)  more than 20,000t but not more than 50,000t

56

C

  
(f)  more than 50,000t but not more than 100,000t

65

C

  
(g)  more than 100,000t but not more than 200,000t

82

C

  
(h)  more than 200,000t

107

C

3  operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1)(c)—
  

  
(a)  less than 50,000t

28

C

  
(b)  50,000t to 100,000t

35

C

  
(c)  more than 100,000t but not more than 200,000t

40

C

  
(d)  more than 200,000t

50

C

4  maintaining a decommissioned waste disposal facility

9

 
(4)In this section—
decommissioned waste disposal facility
(a)means a facility, for which a person holds or held an environmental authority, that—
(i)was used for disposal of waste; and
(ii)no longer accepts waste for disposal; and
(iii)has had final capping installed in accordance with the environmental authority; but
(b)does not include a landfill if the environmental authority for the landfill has been surrendered under chapter 5, part 10 of the Act.
facility
(a)includes a naturally occurring or constructed hollow or pit, including, for example, a gully, mining shaft or quarry; but
(b)does not include a hollow or pit on a farm used for receiving and disposing of general waste produced on the farm.
inert waste means—
(a)bricks, pavers, ceramics, concrete, glass or steel; or
(b)similar general waste that does not biodegrade or decompose.

s 60 amd 2009 SL No. 145 s 14 (15); 2013 SL No. 25 s 68 (91)

sub 2018 SL No. 198 s 7

61Waste incineration and thermal treatment

(1)Waste incineration and thermal treatment (the relevant activity) consists of operating a facility for incinerating or thermally treating waste.
(2)The relevant activity does not include—
(a)incinerating human or animal remains unless the remains are clinical waste or quarantine waste; or
(b)thermal treatment of waste carried out as part of another activity that is a concurrence ERA.

Example—

thermally treating waste to generate electricity under section 14 (Electricity generation)
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  incinerating waste vegetation, clean paper or cardboard

no score

C

2  incinerating or thermally treating, in a year, the following quantity of general waste—
  

  
(a)  less than 5,000t

18

C

  
(b)  5,000t or more

30

C

3  incinerating or thermally treating—
  

  
(a)  clinical waste or quarantine waste

51

C

  
(b)  other regulated waste

41

C

(4)In this section—
facility, for incinerating vegetation, includes a fixed or mobile apparatus for blowing air into a hole in the ground to facilitate the incineration of the vegetation.
thermally treating, in relation to waste, means applying heat to the waste to render the waste less hazardous for disposal.

Examples—

using an autoclave facility or plasma arc

s 61 amd 2009 SL No. 145 s 14 (16); 2013 SL No. 25 s 68 (92)–(93)

62Waste transfer station operation

(1)Waste transfer station operation (the relevant activity) consists of operating, on a commercial basis or in the course of carrying on a commercial enterprise, a waste transfer station that—
(a)stores a total quantity of at least 4t, or 500 equivalent passenger units, of end-of-life tyres at any one time; or
(b)receives a total quantity of at least 30t or 30m³ of waste on any day.
(2)A waste transfer station is taken to have received a quantity of at least 30m³ of waste if the station receives containers or vehicles that have a combined total capacity of at least 30m³.
(3)The relevant activity does not include operating—
(a)a waste transfer station on a site if an activity to which section 60 applies is carried out on the site; or
(b)a container refund point under the Waste Reduction and Recycling Act 2011, chapter 4, part 3B.
(4)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.

Threshold

Aggregate environmental score

3

operating, on a commercial basis or in the course of carrying on a commercial enterprise, a waste transfer station that—

  

  
(a)  stores a total quantity of at least 4t, or 500 equivalent passenger units, of end-of-life tyres at any one time

14

C

  
(b)  receives a total quantity of at least 30t or 30m³ of waste on any day

31

C

(5)In this section—
waste transfer station means a facility used for—
(a)sorting or consolidating waste; and
(b)temporarily storing the waste before moving it from the site where the relevant activity is carried out.

Example of a waste transfer station—

a facility managed commercially that receives and sorts waste, sends the recyclable waste to a recycling facility and the non-recyclable waste to a landfill on another site

s 62 amd 2008 SL No. 439 s 13 (4); 2009 SL No. 145 s 14 (17)–(18); 2013 SL No. 25 s 68 (94); 2018 SL No. 198 s 8

Part 13 Water treatment services

63Sewage treatment

(1)Sewage treatment (the relevant activity) consists of—
(a)operating 1 or more sewage treatment works at a site that have a total daily peak design capacity of at least 21EP; or
(b)operating a sewage pumping station with a total design capacity of more than 40KL in an hour, if the operation of the pumping station is not an essential part of the operation of sewage treatment works to which paragraph (a) applies.
(2)The relevant activity does not include—
(a)carrying out works, other than operating a sewage pumping station mentioned in subsection (1)(b), involving only infrastructure for the collection of sewage, including, for example, pipes; or
(b)carrying out works involving either of the following—
(i)operating or maintaining composting toilets;
(ii)treating or recycling greywater; or
(c)operating no-release works.
(3)In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  operating sewage treatment works, other than no-release works, with a total daily peak design capacity of—
  

  
(a)  21 to 100EP—
  

  
  
(i)  if treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or

14

 

  
  
(ii)  otherwise

27

C

  
(b)  more than 100 but not more than 1,500EP—
  

  
  
(i)  if treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or

27

 

  
  
(ii)  otherwise

53

C

  
(c)  more than 1,500 but not more than 4,000EP

76

C

  
(d)  more than 4,000 but not more than 10,000EP

89

C

  
(e)  more than 10,000 but not more than 50,000EP

114

C

  
(f)  more than 50,000 but not more than 100,000EP

125

C

  
(g)  more than 100,000EP

145

C

2  operating a sewage pumping station mentioned in subsection (1)(b)

no score

 
(4)In this section—
daily peak design capacity, for sewage treatment works, means the higher EP for the works calculated using each of the following formulae—
(a)EP = V/200
where—
V is the volume, in litres, of the average dry weather flow of sewage that can be treated at the works in a day;
(b)EP = M/ 2.5
where—
M is the mass, in grams, of phosphorus in the influent that the works are designed to treat as the inlet load in a day.
no-release works means sewage treatment works from which neither solid nor liquid contaminants are released to the environment, whether from inside or outside the works.
operating, sewage treatment works, includes—
(a)collecting gas from the treatment works; and
(b)operating a pump station or other works associated with the treatment works.

s 63 amd 2009 SL No. 145 s 14 (19); 2010 SL No. 363 s 13 (2); 2013 SL No. 25 s 68 (95)–(96)

64Water treatment

(1)Water treatment (the relevant activity) consists of carrying out any of the following activities in a way that allows waste, whether treated or untreated, to be released into the environment—
(a)desalinating 0.5ML or more of water in a day;
(b)treating 10ML or more of raw water in a day;
(c)carrying out advanced treatment of 5ML or more of water in a day.
(2)The relevant activity does not include—
(a)treating water in a way that allows liquid or solid waste to be released only to the following—
(i)a local government’s sewerage infrastructure;
(ii)a facility mentioned in section 56, 58, 60 or 61; or
(b)treating water if the only treatment is disinfection or fluoridation; or
(c)treating water in association with carrying out an activity to which section 55, 56, 60, 61 or 63 applies.
(3)In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold

Aggregate environmental score

3

1  desalinating, in a day, the following quantity of water, allowing the release of waste only to seawater—
  

  
(a)  0.5ML to 5ML

no score

 

  
(b)  more than 5ML

7

 

2  desalinating, in a day, the following quantity of water, allowing the release of waste to waters other than seawater—
  

  
(a)  0.5ML to 5ML

8

C

  
(b)  more than 5ML

13

C

3  treating 10ML or more raw water in a day

26

C

4  carrying out, in a day, advanced treatment of 5ML or more of water, allowing the release of waste—
  

  
(a)  only to seawater; or

34

C

  
(b)  to waters other than seawater

45

C

(4)In this section—
advanced treatment, of water, means the treatment of water that has been treated in a sewage treatment plant by removing dissolved salts so that the water is potable or suitable for agricultural or industrial use.
mixed water means water that has undergone advanced water treatment and has been mixed with raw water.
raw water means—
(a)water derived—
(i)directly from surface water; or
(ii)from groundwater; or
(b)mixed water.
seawater means tidal waters, other than tidal waters between the banks of a river or stream.

s 64 amd 2009 SL No. 304 s 7 (7)–(8); 2013 SL No. 25 s 68 (97)

sch 2 amd 2013 SL No. 25 s 68 (1)

Schedule 2A Aggregate environmental scores for particular resource activities

section 14(2)

Column 1

Column 2

Environmentally relevant activity

Aggregate environmental score (AES)

1  activities under a GHG injection and storage lease under the GHG storage Act

49

2  a petroleum activity authorised under the Petroleum (Submerged Lands) Act 1982

126

3  a petroleum activity that is likely to have a significant impact on a category A or B environmentally sensitive area

126

4  extending an existing pipeline by more than 150km under a petroleum authority

165

5  constructing a new pipeline of more than 150km under a petroleum authority

165

6  a petroleum activity carried out on a site that contains a high consequence dam or a significant consequence dam if the dam forms part of the activity

165

7  a petroleum activity involving injection of a waste fluid into a natural underground reservoir or aquifer

165

8  a petroleum activity or GHG storage activity, other than an activity mentioned in any of items 1 to 7, that includes 1 or more activities mentioned in schedule 2 for which an AES is stated

126

9  a mining activity involving drilling, costeaning, pitting or carrying out geological surveys causing significant disturbance

8

10  investigating the potential development of a mineral resource by large bulk sampling or constructing an exploratory shaft, adit or open pit

17

11  mining bauxite

97

12  mining mineral sand

120

13  mining black coal

128

14  mining iron ore

128

15  mining nickel ore

160

16  mining gold ore

216

17  mining copper ore

217

18  mining lead, silver or zinc separately or in any combination

185

19  mining metal ore, other than a metal ore mentioned in items 11, 12, 14, 15, 16, 17 or 18

158

20  clay pit mining, dimension stone mining or mining gemstones (including the material from which gemstones are extracted)—
 

(a)  if the activity involves mining a quantity of material of at least 5,000t but not more than 100,000t in a year

22

  
(b)  if the activity involves mining a quantity of material of more than 100,000t but not more than 1,000,000t in a year

39

  
(c)  if the activity involves mining a quantity of material of more than 1,000,000t in a year

57

21  a mining activity that is an ineligible ERA, other than a mining activity mentioned in items 9 to 20

136

sch 2A ins 2013 SL No. 25 s 69

amd 2013 SL No. 182 s 6; 2014 SL No. 134 s 10; 2018 SL No. 97 s 13

Schedule 2B Designated environmental areas—agricultural research facilities

section 23

Name

Description

Applethorpe research station

Lot 249 on BNT1800 situated in the County of Bentinck

Ayr research station

Lot 97 on GS867 situated in the County of Gladstone

Bowen research station

Lot 112 on HR963, lot 1 on RP715403 and lot 39 on SP113324 situated in the County of Herbert

Bribie Island aquaculture research station

Lot 190 on CG805819 and lot 1 on SP248827 situated in the County of Canning

Bundaberg research station

Lot 16 on CK813259 situated in the County of Cook

Gatton research station

Lot 189 on CC3307 situated in the County of Churchill

Glengarry research station

Lot 34 on RP91429 situated in the County of Aubigny

Hermitage research station

Lots 100, 1304, 156 and 159 on ML2001 situated in the County of Merivale

J. Bjelke-Petersen research station

Lot 349 on CP904165 and lot 379 on FY2924 situated in the County of Fitzroy

Kairi research station

Lot 1 on SP241295 situated in the County of Nares

Kennlea research station

Lot 3 on RP58646 and lot 1 on RP904403 situated in the County of Aubigny

Kingsthorpe research station

Lot 2 on RP129751 situated in the County of Aubigny

Leslie research station

Lot 928 on AG2196 situated in the County of Aubigny

Maroochy horticultural research station

Lot 676 on CG5055 and lot 941 on CG6160 situated in the County of Canning

Mary Valley research station

Lot 3 on SP186078 situated in the County of March

Mutdapilly research station

Lot 111 on SP240462 situated in the County of Churchill

Redlands research station

Lots 31, 32 and 43 on C145614, lots 1, 2 and 3 on C668, lot 6 on C671 and lot 145 on SL11048 situated in the County of Stanley

Redvale research station

Lot 475 on FY2951 situated in the County of Fitzroy

Rosebank research station

Lot 218 on SP237183 situated in the County of Portland

South Johnstone research station

Lot 61 on NR6878 situated in the County of Nares

Spyglass Beef research station

Lot 4835 on CP858256, lot 1 on OC57, lot 3 on RP841848, lot 4 on SP233424 situated in the County of O’Connell

Swans Lagoon research station

Lot 7 on GS1064, lot 11 on GS1065, lots 3 and 6 on SP143785 and lot 116 on SP256839 situated in the County of Gladstone

Tropical weeds research station and residence

Lot 36 on CP889406, lots 208 and 209 on DV583, lot 197 on DV735 and lot 1 on MPH785 situated in the County of Davenport

Walkamin research station

Lot 568 on N157284 situated in the County of Nares

Wellcamp field research station

Lot 209 on AG3878 situated in the County of Aubigny

sch 2B ins 2013 SL No. 271 s 8

Schedule 2C Prescribed conditions for small scale mining activities

section 23A

Part 1 Definitions for sch 2C

In this schedule—
dam means a man-made structure or hollow prepared for the retention of aqueous substances used in or produced by the operation of a mining activity.
density of cover, of vegetation in a particular area, means—
(a)if the plant species are trees or shrubs—the number of trees or shrubs in the area; or
(b)if the plant species are understorey species, for example, grasses and forbs—the percentage of surface area covered by a particular species in the area.
guidelines for Livestock Drinking Water means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000.
water bore means an artesian bore or a sub-artesian bore under the Water Act 2000.

Part 2 Conditions for mining claims and exploration permits

1This part applies to a small scale mining tenure if the mining activity for the tenure is carried out under a mining claim or exploration permit.
2The holder of the small scale mining tenure must rehabilitate all areas disturbed by mining activities on the mining tenure before—
(a)the tenure expires; or
(b)the tenure is surrendered.
3For an area that has been mined on the tenure, the holder must finish progressive rehabilitation of the area within 1 year of finishing the mining activity in the area.
4The holder must carry out and finish rehabilitation works to establish a landform—
(a)that is safe, stable and self-sustaining; and
(b)with vegetation of a species and density of cover similar to surrounding undisturbed areas or the landform that existed before mining activities.
5However, section 4 does not apply to infrastructure of the mine that remains on the land under section 6.
6For infrastructure of the mine that remains on the land after the small scale mining activity stops, the holder must enter into a written agreement with the owner of the land providing for the owner to take over responsibility for the infrastructure.

Examples of infrastructure of a mine—

a dam or a road
7If a dam remains on the land after the small scale mining activity stops and is used for livestock drinking supplies, the holder must ensure that—
(a)the dam is safe; and
(b)its water quality complies with the acceptable water quality Guidelines for Livestock Drinking Water when the agreement with the landowner takes effect; and
(c)safe access is provided for livestock and native animals.
8The holder of a small scale mining tenure, other than a holder mentioned in section 9, must give the administering authority financial assurance of an amount to be calculated under schedule 2D for the holder’s—
(a)tenure type; and
(b)environmental risk of the activity under the tenure; and
(c)the proposed area of disturbance as stated in—
(i)the work program for the holder’s current mining claim under the Mineral Resources Act 1989, sections 61(1)(j)(iv) and 81(1)(c); or
(ii)the program of work for the holder’s exploration permit under the Mineral Resources Act 1989, section 133(f)(i).
9Section 10 applies if a holder of a small scale mining tenure—
(a)held, on 31 March 2013, an environmental authority for the activity carried out under the tenure; and
(b)an amount of financial assurance for the environmental authority is held by the administering authority.
10The holder must give the administering authority financial assurance of an amount that is equal to the amount held.

Note—

Under the Act, section 712(2), the amount of financial assurance for an environmental authority held by the administering authority is taken to be the financial assurance required under this condition.
11The financial assurance must be paid—
(a)before the day the relevant activity is carried out under the mining tenure; and
(b)as security for—
(i)compliance with other prescribed conditions for carrying out the small scale mining activity; and
(ii)costs or expenses, or likely costs or expenses, mentioned in section 298 of the Act.

Part 3 Additional conditions for exploration permits

1This part applies to a small scale mining tenure if the mining activity for the tenure is carried out under an exploration permit.
2The holder must rehabilitate drill pads and excavations as soon practicable after sampling is finished, and within 3 months of starting the drilling or excavating.
3The holder must, within 30 business days of drilling commencing, ensure that any drill hole is—
(a)decommissioned; or
(b)converted to a water bore.
4If a drill hole is to be used for ongoing groundwater production or monitoring purposes, the holder must convert the drill hole to a water bore under the Water Act 2000.
5The holder may only transfer a functional water bore to an owner of land if the holder and the owner enter into a written agreement.
6Any drill hole or water bore that is not transferred to the owner or the State must be decommissioned by cementing the hole, including the annular space around casing, from top to bottom.

sch 2C ins 2013 SL No. 271 s 8

amd 2016 SL No. 75 s 129 sch 12

Schedule 2D Rates of financial assurance

section 23A and schedule 2C

Tenure type

Mining claim

Exploration permit (minerals)

Environmental risk of the activity (area of disturbance hectares)

Hand mining (previously mined)

Hand mining (not previously mined)

Machinery used for mining with no dam

Machinery used for mining with a dam

Low risk

High

risk

 

$

$

$

$

$

$

0 to 0.1

200

400

400

3,400

2,500

5,000

more than 0.1 to 0.5

400

800

2,000

5,000

not applicable

more than 0.5 to 1

1,000

2,000

4,000

7,000

more than 1 to 2

2,000

4,000

8,000

11,000

more than 2 to 3

3,000

6,000

12,000

15,000

more than 3 to 4

4,000

8,000

16,000

19,000

more than 4 to 5

5,000

10,000

20,000

23,000

sch 2D ins 2013 SL No. 271 s 8

Schedule 2E Trackable waste and waste codes

section 81C and schedule 12, part 2, definition waste code

Explanatory notes to sch 2E

1A substance is trackable waste if it is regulated waste of a type mentioned in this schedule.
2If a substance falls under more than 1 item in this list, and the code for one of the items is marked with an asterisk, the code for the substance is the code marked with an asterisk.

Type of waste

Waste code

acidic solutions and acids in solid form

B100

animal effluent and residues, including abattoir effluent and poultry and fish processing wastes

K100

antimony and antimony compounds

D170

arsenic and arsenic compounds

D130

asbestos

N220

barium compounds, other than barium sulphate

D290

basic (alkaline) solutions and bases (alkalis) in solid form

C100

beryllium and beryllium compounds

D160

boron compounds

D310

cadmium and cadmium compounds

D150

chemical waste arising from a research and development or teaching activity, including new or unidentified material and material whose effects on human health or the environment are not known

T100

chlorates

D350

chromium compounds (hexavalent and trivalent)

D140

clinical and related waste

R100*

copper compounds

D190

cyanides (inorganic)

A130

cyanides (organic)

M210

encapsulated, chemically fixed, solidified or polymerised wastes

N160*

ethers

G100

filter cake, other than filter cake waste generated from the treatment of raw water for the supply of drinking water

N190

fire debris and fire washwaters

N140*

fly ash

N150

grease trap waste

K110

halogenated organic solvents

G150

highly odorous organic chemicals, including mercaptans and acrylates

M260

inorganic fluorine compounds, other than calcium fluoride

D110

inorganic sulfides

D330

isocyanate compounds

M220

liquid food processing waste

K200

lead and lead compounds

D220

material containing polychlorinated biphenyls (PCBs), polychlorinated napthalenes (PCNs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs)

M100

mercury and mercury compounds

D120

metal carbonyls

D100

mineral oils

J100

nickel compounds

D210

non-toxic salts

D300

oil and water mixtures or emulsions, or hydrocarbons and water mixtures or emulsions

J120

organic phosphorous compounds

H110

organic solvents, other than halogenated solvents

G110

organohalogen compounds, other than another substance stated in this schedule

M160

per- and poly-fluoroalkyl substances

M270

perchlorates

D340

pharmaceuticals, drugs and medicines

R120*

phenols and phenol compounds, including chlorophenols

M150

phosphorus compounds, other than mineral phosphates

D360

polychlorinated dibenzo-furan (any congener)

M170

polychlorinated dibenzo-p-dioxin (any congener)

M180

residues from industrial waste treatment or disposal operations

N205

selenium and selenium compounds

D240

sewage sludge and residues, including nightsoil and septic tank sludge

K130

surface active agents (surfactants) containing principally organic constituents, whether or not also containing metals and other inorganic materials

M250

tannery wastes, including leather dust, ash, sludges and flours

K140

tarry residues arising from refining, distillation or any pyrolytic treatment

J160

tellurium and tellurium compounds

D250

thallium and thallium compounds

D180

triethylamine catalysts for setting foundry sands

M230

tyres

T140

vanadium compounds

D270

waste containing peroxides other than hydrogen peroxide

E100

waste from a heat treatment or tempering operation that uses cyanides

A110

waste from surface treatment of metals or plastics

A100

waste from the manufacture, formulation or use of—

 

  
•  biocides or phytopharmaceuticals

H100

  
•  inks, dyes, pigments, paints, lacquers or varnish

F100

  
•  organic solvents

G160

  
•  photographic chemicals or processing materials

T120

  
•  resins, latex, plasticisers, glues or other adhesives

F110

  
•  wood-preserving chemicals

H170

waste from the manufacture or preparation of pharmaceutical products

R140

waste of an explosive nature, other than an explosive within the meaning of the Explosives Act 1999

E120

wool-scouring wastes

K190

zinc compounds

D230

sch 2E ins 2014 SL No. 198 s 7

amd 2018 SL No. 198 s 10

Schedule 2F Prescribed information for waste tracking

section 81E

1Generator

(1)This section states the prescribed information for sections 81I and 81R.
(2)The generator must give the following information to the transporter—
(a)the generator’s—
(i)name, address, local government area and contact details; or
(ii)generator identification number;
(b)if the generator is a business—the generator’s ABN;
(c)the name, address and contact details of the person to whom the waste is to be transported;
(d)the day the generator gives the waste to the transporter for transporting;
(e)the unique identifier for the transportation of the load of waste;
(f)for a load of waste transported to a receiver outside Queensland—the consignment number for the load;
(g)if the waste is dangerous goods—the type and number of containers in which the waste is contained;
(h)the following details of the waste—
(i)the type of waste;
(ii)the amount of the waste, expressed as a stated number of kilograms or litres;
(iii)its physical nature (solid, liquid, paste or gas);
(iv)the waste code of the waste;
(v)if the waste is dangerous goods—
(A)its UN number; and
(B)its packing group designator; and
(C)its dangerous goods class and any subsidiary risk.
(3)The generator must record, and must give to the administering authority, the following information—
(a)the information mentioned in subsection (2);
(b)the transporter’s name, address and contact details;
(c)the transporter’s environmental authority number;
(d)if the vehicle used to transport the waste is a motor vehicle—the vehicle’s registration number.

2Transporter

(1)This section states the prescribed information for sections 81J and 81N.
(2)The transporter must give the following information to the receiver—
(a)the information mentioned in section 1(2) received from the generator;
(b)for a load of waste transported from a generator outside Queensland—the consignment number for the load;
(c)the transporter’s name, address and contact details;
(d)the transporter’s environmental authority number;
(e)if the vehicle used to transport the waste is a motor vehicle—the vehicle’s registration number;
(f)any jurisdiction, other than Queensland, in which the waste has been transported;
(g)the day and time the transporter gives the waste to the receiver.
(3)The transporter must record the following information—
(a)the information mentioned in subsection (2);
(b)the receiver’s name, address and contact details;
(c)the receiver’s environmental authority number.

3Receiver

(1)This section states the prescribed information for sections 81K and 81O.
(2)The receiver must record the following information—
(a)the information mentioned in section 2(2) received from the transporter;
(b)the amount of waste received, expressed as a stated number of kilograms or litres;
(c)whether the waste is received for recycling, conversion to energy, another type of treatment, storage or disposal;
(d)the disposal or treatment code for the way of disposing of or treating the waste.
(3)The receiver must give the following information to the administering authority—
(a)the information mentioned in subsection (2);
(b)the receiver’s name, address and contact details;
(c)the receiver’s environmental authority number.

sch 2F ins 2014 SL No. 198 s 7

Schedule 2G National environment protection (movement of controlled waste between States and Territories) measure, schedule A, list 2

schedule 12, part 2, definition environmentally significant characteristic

Schedule A List 2: Characteristics of controlled wastes

Dangerous Goods Class (UN Class)

UN Code

 

1

H1

Explosive

  

An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings.

3

H3

Flammable Liquids

  

The word flammable has the same meaning as inflammable. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc., but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off flammable vapour at temperatures of not more than 60.5 degrees Celsius, closed-cup test, or not more than 65.6 degrees Celsius, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowances for such differences would be within the spirit of the definition.)

4.1

H4.1

Flammable solids

  

Solids or waste solids, other than those classified as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction.

4.2

H4.2

Substances or wastes liable to spontaneous combustion

  

Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up in contact with air, and being then liable to catch fire.

4.3

H4.3

Substances or wastes which, in contact with water, emit flammable gases

  

Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities.

5.1

H5.1

Oxidising

  

Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen, cause or contribute to, the combustion of other materials.

5.2

H5.2

Organic peroxides

  

Organic substances or wastes which contain the bivalent-O-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition.

6.1

H6.1

Poisonous (acute)

  

Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact.

6.2

H6.2

Infectious substances

  

Substances or wastes containing viable micro-organisms or their toxins which are known or suspected to cause disease in animals or humans.

8

H8

Corrosives

  

Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards.

9

H10

Liberation of toxic gases in contact with air or water

  

Substances or wastes which, by liberation with air or water, are liable to give off toxic gases in dangerous quantities.

9

H11

Toxic (delayed or chronic)

  

Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity.

9

H12

Ecotoxic

  

Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems.

9

H13

Capable of yielding another material which possesses H1-H12

  

Capable by any means, after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above.

  

Other Reasons

Potential to have a significant adverse impact on ambient air quality.

  

Potential to have a significant adverse impact on ambient marine, estuarine or freshwater quality.

Note—

UN Class and Code relates to the hazard classification system included in the United Nations Recommendations on the Transport of Dangerous Goods as used in Australia.

sch 2G ins 2014 SL No. 198 s 7

Schedule 2H Disposal and treatment codes for waste tracking

schedule 12, part 2, definitions disposal code and treatment code

Part 1 Disposal codes

The following ways of dealing with waste do not include resource recovery, recycling, reclamation, direct re-use or an alternative use of the waste.

 

Disposal code

disposal to a landfill

D1

land farming

D2

surface impoundment

D4

biological treatment in a way not otherwise mentioned in this part

D8

immobilisation or solidification

D9A

physico/chemical treatment other than immobilisation or solidification

D9B

incineration

D10

permanent storage

D12

blending or mixing before disposal in another way mentioned in this part

D13

repackaging before disposal in another way mentioned in this part

D14

storage before disposal in another way mentioned in this part

D15

Part 2 Treatment codes

The following ways of dealing with waste may include resource recovery, recycling, reclamation, direct re-use or an alternative use of the waste.
 

Treatment code

using waste as a fuel, other than by direct incineration

R1

recycling or reclaiming a substance, other than a substance mentioned in items R6 to R8, if it is—

 

  
•  an organic substance used as a solvent

R2

  
•  an organic substance not used as a solvent

R3

  
•  a metal or metal compound other than a drum

R4

  
•  an inorganic substance other than a metal or metal compound

R5

recycling or reclaiming—

 

  
•  an acid or base

R6

  
•  a component used for pollution abatement

R7

  
•  a component from a catalyst

R8

refining used oil or otherwise using previously used oil

R9

using a residual trackable waste obtained from treatment in another way mentioned in this part

R11

storage before treatment in another way mentioned in this part

R13

recycling, reconditioning or laundering of drums

R14

sch 2H ins 2014 SL No. 198 s 7

Schedule 3 Continued codes of environmental compliance—Act, s 707A

section 170

Code of environmental compliance for certain aspects of sewage treatment activities (ERA 63)—Version 1

sch 3 amd 2009 SL No. 145 s 2 sch; 2009 SL No. 304 s 8; 2010 SL No. 328 s 3; 2011 SL No. 80 s 3; 2012 SL No. 196 s 8

sub 2013 SL No. 25 s 70

amd 2013 SL No. 271 s 9; 2018 SL No. 97 s 14

Schedule 3A [Repealed]

section 25

1[Repealed]

s 1 ins 2013 SL No. 25 s 71

amd 2014 Act No. 40 s 154 sch 1 pt 3

om 2016 SL No. 24 s 5

2[Repealed]

s 2 ins 2013 SL No. 25 s 71

om 2016 SL No. 24 s 5

3[Repealed]

s 3 ins 2013 SL No. 25 s 71

om 2016 SL No. 24 s 5

sch 3A ins 2013 SL No. 25 s 71

om 2016 SL No. 24 s 5

Schedule 3B Approved ERA standards for environmentally relevant activities

section 24B

Eligibility criteria and standard conditions—Geothermal exploration activities –version 2
Eligibility criteria and standard conditions—Petroleum exploration activities –version 2
Eligibility criteria and standard conditions—Petroleum pipeline activities –version 2
Eligibility criteria and standard conditions—Petroleum survey activities –version 2
Eligibility criteria and standard conditions for cattle feedlotting (ERA 2) –version 2
Eligibility criteria and standard conditions for sheep feedlotting (ERA 2) –version 2
Eligibility criteria and standard conditions for pig keeping (ERA 3) –version 2
Eligibility criteria and standard conditions for poultry farming (ERA 4) –version 2
Eligibility criteria and standard conditions for chemical manufacturing (water based paint) (ERA 7) –version 2
Eligibility criteria and standard conditions for chemical manufacturing (soap, surfactants or cleaning or toiletry products) (ERA 7) –version 2
Eligibility criteria and standard conditions for retreading tyres (ERA 13) –version 2
Eligibility criteria and standard conditions for extracting material (ERA 16) –version 2
Eligibility criteria and standard conditions for screening (5,000 tonnes to 100,000 tonnes of material in a year) (ERA 16) –version 2
Eligibility criteria and standard conditions for screening (more than 100,000 tonnes but not more than 1 million tonnes of material in a year) (ERA 16) –version 2
Eligibility criteria and standard conditions for screening (more than 1 million tonnes of material in a year) (ERA 16) –version 2
Eligibility criteria and standard conditions for bottling or canning food (ERA 23) –version 2
Eligibility criteria and standard conditions for meat processing (not including rendering) (ERA 25) –version 2
Eligibility criteria and standard conditions for meat processing (including rendering) (ERA 25) –version 2
Eligibility criteria and standard conditions for milk processing (ERA 26) –version 2
Eligibility criteria and standard conditions for metal foundry (ERA 29) –version 2
Eligibility criteria and standard conditions for surface coating (ERA 38) –version 2
ERA standard–Regulated waste transport (ERA 57) – version 1
Eligibility criteria and standard conditions for tyre recycling (ERA 59) –version 2
Eligibility criteria and standard conditions for sewage treatment works (ERA 63) –version 2
Eligibility criteria and standard conditions for exploration and mineral development projects – version 2
Eligibility criteria and standard conditions for mining claims – version 2
Eligibility criteria and standard conditions for mining lease activities – version 2

sch 3B ins 2013 SL No. 83 s 7

amd 2013 SL No. 271 s 10

sub 2015 SL No. 129 s 8

amd 2016 SL No. 24 s 6; 2018 SL No. 97 s 15

Schedule 4 Scheduled areas

section 15

1Aurukun shire
2Balonne shire
3Barcaldine region
4Barcoo shire
5Blackall Tambo region
6Boulia shire
7Bulloo shire
8Burke shire
9Carpentaria shire
10Cherbourg shire
11Cloncurry shire
12Cook shire
13Croydon shire
15Diamantina shire
16Doomadgee shire
17Etheridge shire
18Flinders shire
19Goondiwindi region
20Hope Vale shire
21Kowanyama shire
22Lockhart River shire
23Longreach region
24Mapoon shire
24AMaranoa region
25McKinlay shire
26Mornington shire
27Mount Isa city
28Murweh shire
29Napranum shire
30North Burnett region
31Northern Peninsula Area region
32Paroo shire
33Pormpuraaw shire
34Quilpie shire
35Richmond shire
37Torres shire
38Torres Strait Island region
38AWestern Downs region
39Winton shire
40Woorabinda shire
41Wujal Wujal shire
42Yarrabah shire
43the part of the local government area of Banana Shire Council that was, immediately before 15 March 2008, the part of the local government area of Taroom Shire Council
44the part of the local government area of Bundaberg Regional Council that was, immediately before 15 March 2008, the local government area of Kolan Shire Council
45the parts of the local government area of Central Highlands Regional Council that were, immediately before 15 March 2008, the local government areas of Bauhinia Shire Council and Peak Downs Shire Council
46the part of the local government area of Charters Regional Council that was, immediately before 15 March 2008, the local government area of Dalrymple Shire Council
47the parts of the local government area of Fraser Coast Regional Council that were, immediately before 15 March 2008, the local government area of Woocoo Shire Council and part of the local government area of Tiaro Shire Council
48the parts of the local government area of Gympie Regional Council that were, immediately before 15 March 2008, the local government area of Kilkivan Shire Council and part of the local government area of Tiaro Shire Council
49the part of the local government area of Isaac Regional Council that was, immediately before 15 March 2008, the local government area of Nebo Shire Council
50the part of the local government area of Rockhampton Regional Council that was, immediately before 15 March 2008, the local government area of Mount Morgan Shire Council
51the part of the local government area of Somerset Regional Council that was, immediately before 15 March 2008, the local government area of Kilcoy Shire Council
52the parts of the local government area of South Burnett Regional Council that were, immediately before 15 March 2008, the local government areas of Murgon Shire Council and Wondai Shire Council
53the parts of the local government area of Toowoomba Regional Council that were, immediately before 15 March 2008, the local government areas of Cambooya Shire Council, Clifton Shire Council, Millmerran Shire Council and Pittsworth Shire Council

sch 4 amd 2009 SL No. 145 s 2 sch; 2010 SL No. 13 s 5

Schedule 5 Environmental objective assessment

section 51(1)(a)

Part 1 Preliminary

pt hdg ins 2013 SL No. 25 s 72

1Definitions for sch 5

In this schedule—
application means an application for which an environmental objective assessment must be carried out.
contingency measures means measures planned and implemented to minimise the risk to the environment of releases of emissions into the environment during periods when an activity may not be operating under normal conditions.
existing flow regime, for water or a watercourse or wetland, means the flow regime for water or a watercourse or wetland existing prior to any discharge of water or contaminants into water or a watercourse or wetland caused from the carrying out of an activity.
fugitive emissions means emissions that are not captured by a collection system or vent system.
performance outcome means a performance outcome mentioned in table 1 or 2.
regulated structure means a structure that is assessed as being a regulated structure under the ‘Manual for assessing consequence categories and hydraulic performance of structures’ published by the department.

def regulated structure amd 2015 SL No. 129 s 9 (1)

shut down and start up emissions means emissions released into the environment during the commencement and completion of a process, including a temporary suspension of an operation.
stable, for a site, means the rehabilitation and restoration of the site is enduring or permanent so that the site is unlikely to collapse, erode or subside.

s 1 ins 2013 SL No. 25 s 72

Part 2 General matters to be addressed by environmental objective assessment

pt 2 ins 2013 SL No. 25 s 72

amd 2013 SL No. 271 s 11

General information

(1)The assessor must decide the extent to which the application achieves each environmental objective relevant to the application.
(2)In assessing whether the application achieves the relevant environmental objective, the assessor must decide whether the activity the subject of the application achieves item 1 of the performance outcome stated for the environmental objective.
(3)If the assessor is not satisfied the activity the subject of the application achieves item 1 of the performance outcome for the relevant environmental objective, the assessor must decide whether the activity achieves the relevant item 2 performance outcomes stated for the environmental objective.
(4)The application achieves the relevant environmental objective if the assessor is satisfied the activity the subject of the application achieves—
(a)item 1 of the performance outcome for the relevant environmental objective; or
(b)item 2 of the performance outcomes for the relevant environmental objective.
(5)If the assessor is not satisfied the application achieves a performance outcome for the relevant environmental objective, the assessor may still decide the application achieves the relevant environmental objective if the application includes alternative measures for the activity the subject of the application to achieve the environmental objective.

Note—

Nothing in this schedule prevents the assessor from granting an application that the assessor considers does not satisfy each environmental objective mentioned in this schedule or prevents the assessor from refusing to grant an application the assessor is satisfied achieves each environmental objective mentioned in this schedule.
Assessing whether application minimised adverse effects
(6)If a performance outcome requires the assessor to assess whether an adverse effect has been minimised, an adverse effect has been minimised if the assessor is satisfied all reasonable and practical measures have been taken to minimise the adverse effect.
(7)In deciding whether all reasonable and practical measures have been taken to minimise the adverse effect, the assessor must consider the following matters—
(a)the nature of the harm or potential harm;
(b)the sensitivity of the receiving environment;
(c)the current state of technical knowledge for the activity;
(d)the likelihood of successful application of different measures that might be taken to minimise the adverse effects;
(e)the financial implications of the different measures as they would relate to the type of activity;
(f)if the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location.

Part 3 Environmental objectives and performance outcomes

pt 3 ins 2013 SL No. 25 s 72

amd 2013 SL No. 182 s 7; 2015 SL No. 129 s 9 (2)

Table 1 Operational assessment

Air

Environmental Objective

 

The activity will be operated in a way that protects the environmental values of air.

Performance Outcomes

1

There is no discharge to air of contaminants that may cause an adverse effect on the environment from the operation of the activity.

2

All of the following—

 

(a)  fugitive emissions of contaminants from storage, handling and processing of materials and transporting materials within the site are prevented or minimised;
 

(b)  contingency measures will prevent or minimise adverse effects on the environment from unplanned emissions and shut down and start up emissions of contaminants to air;
 

(c)  releases of contaminants to the atmosphere for dispersion will be managed to prevent or minimise adverse effects on environmental values.

Water

Environmental Objective

 

The activity will be operated in a way that protects environmental values of waters.

Performance Outcomes

1

There is no actual or potential discharge to waters of contaminants that may cause an adverse effect on an environmental value from the operation of the activity.

2

All of the following—

 

(a)  the storage and handling of contaminants will include effective means of secondary containment to prevent or minimise releases to the environment from spillage or leaks;
 

(b)  contingency measures will prevent or minimise adverse effects on the environment due to unplanned releases or discharges of contaminants to water;
 

(c)  the activity will be managed so that stormwater contaminated by the activity that may cause an adverse effect on an environmental value will not leave the site without prior treatment;
 

(d)  the disturbance of any acid sulfate soil, or potential acid sulfate soil, will be managed to prevent or minimise adverse effects on environmental values;
 

(e)  acid producing rock will be managed to ensure that the production and release of acidic waste is prevented or minimised, including impacts during operation and after the environmental authority has been surrendered;
 

(f)  any discharge to water or a watercourse or wetland will be managed so that there will be no adverse effects due to the altering of existing flow regimes for water or a watercourse or wetland;
 

(g)  for a petroleum activity, the activity will be managed in a way that is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water and the prioritisation hierarchy for managing saline waste;
 

(h)  the activity will be managed so that adverse effects on environmental values are prevented or minimised.

Wetlands

Environmental Objective

 

The activity will be operated in a way that protects the environmental values of wetlands.

Performance Outcomes

1

There will be no potential or actual adverse effect on a wetland as part of carrying out the activity.

2

The activity will be managed in a way that prevents or minimises adverse effects on wetlands.

Groundwater

Environmental Objective

 

The activity will be operated in a way that protects the environmental values of groundwater and any associated surface ecological systems.

Performance Outcomes

1

Both of the following apply—

 

(a)  there will be no direct or indirect release of contaminants to groundwater from the operation of the activity;
 

(b)  there will be no actual or potential adverse effect on groundwater from the operation of the activity.

2

The activity will be managed to prevent or minimise adverse effects on groundwater or any associated surface ecological systems.

Note—

Some activities involving direct releases to groundwater are prohibited under section 63 of this regulation.

Noise

Environmental Objective

 

The activity will be operated in a way that protects the environmental values of the acoustic environment.

Performance Outcomes

1

Sound from the activity is not audible at a sensitive receptor.

2

The release of sound to the environment from the activity is managed so that adverse effects on environmental values including health and wellbeing and sensitive ecosystems are prevented or minimised.

Waste

Environmental Objective

 

Any waste generated, transported, or received as part of carrying out the activity is managed in a way that protects all environmental values.

Performance Outcomes

1

Both of the following apply—

 

(a)  waste generated, transported or received is managed in accordance with the waste and resource management hierarchy in the Waste Reduction and Recycling Act 2011;
 

(b)  if waste is disposed of, it is disposed of in a way that prevents or minimises adverse effects on environmental values.

Land

Environmental Objective

 

The activity is operated in a way that protects the environmental values of land including soils, subsoils, landforms and associated flora and fauna.

Performance Outcomes

1

There is no actual or potential disturbance or adverse effect to the environmental values of land as part of carrying out the activity.

2

All of the following—

 

(a)  activities that disturb land, soils, subsoils, landforms and associated flora and fauna will be managed in a way that prevents or minimises adverse effects on the environmental values of land;
 

(b)  areas disturbed will be rehabilitated or restored to achieve sites that are—
(i)  safe to humans and wildlife; and
(ii)  non-polluting; and
(iii)  stable; and
(iv)  able to sustain an appropriate land use after rehabilitation or restoration;