Environmental Protection (Air) Policy 1997

Queensland Environmental Protection Act 1994 Environmental Protection (Air) Policy 1997 Reprinted as in force on 5 May 2006 Reprint No. 3 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 SL No. 441 s 10

Information about this reprint This policy is reprinted as at 5 May 2006. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Environmental Protection (Air) Policy 1997 Contents Part 1 1 2 3 Part 2 4 5 6 7 8 9 Part 3 10 11 12 13 Part 4 Division 1 14 15 16 17 18 19 20 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application and purpose of policy Application of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Object of policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 How the object is achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Environmental values to be enhanced or protected . . . . . . . . . . . 4 Air quality indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Air quality goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Environmental management decisions Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Evaluation procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Matters for consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Air pollution dispersion modelling and monitoring of releases . . . 7 Management of certain sources of contamination Abatement of unreasonable releases of contaminants to air environment Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Dispute resolution by agreement . . . . . . . . . . . . . . . . . . . . . . . . . 9 Complaint about unreasonable contaminant releases to air environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Administering authority must respond to complaint . . . . . . . . . . . 10 Show-cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Abatement notice for contaminant release . . . . . . . . . . . . . . . . . . 11 Review of decision and appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Environmental Protection (Air) Policy 1997 Division 2 21 Division 3 22 23 Part 5 Division 1 24 25 Division 2 26 27 28 30 Schedule 1 Schedule 2 Solid fuel-burning equipment Sale of solid fuel-burning equipment for domestic use. . . . . . . . . Liquid fuel Permitted concentration of lead in leaded petrol for use in vehicles ...................................... Permitted concentration of lead or sulfur in liquid fuel for use in stationary fuel burning equipment . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Whole of government management of the air environment Programs to enhance or protect environmental values . . . . . . . . Programs to inform and involve the community . . . . . . . . . . . . . . General Users’ guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publication requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences—Act, s 441 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Air quality indicators and goals . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 14 16 17 18 19 20 20 21 24 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 26 27 27 27 28

s1 3 s4 Environmental Protection (Air) Policy 1997 Environmental Protection (Air) Policy 1997 [as amended by all amendments that commenced on or before 5 May 2006] Part 1 Preliminary 1 Short title This policy may be cited as the Environmental Protection (Air) Policy 1997 . 2 Commencement This policy commences on 1 February 1998. 3 Definitions The dictionary in schedule 2 defines particular words used in this policy. Part 2 Application and purpose of policy 4 Application of policy This policy applies to Queensland’s air environment.

s5 4 s8 Environmental Protection (Air) Policy 1997 5 Object of policy The object of this policy is to achieve the object of the Act in relation to Queensland’s air environment. 1 6 How the object is achieved To achieve the object, this policy— (a) identifies environmental values to be enhanced or protected; and (b) specifies air quality indicators and goals to protect the environmental values; and (c) provides a framework for— (i) making consistent and fair decisions about management of the air environment; and (ii) involving the community in achieving air quality goals that best protect Queensland’s air environment. 7 Environmental values to be enhanced or protected The environmental values of the air environment to be enhanced or protected under this policy are the qualities of the air environment that are conducive to suitability for the life, health and wellbeing of humans. 8 Air quality indicators (1) Schedule 1 sets out some air quality indicators. (2) The indicators are contaminants that may be present in the air environment. (3) The levels of the contaminants in the air environment indicate the extent to which the environmental values have been enhanced or protected. 1 Under section 3 of the Act, the object of the Act is to protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends ( ecologically sustainable development ).

s 9 5 s 10 Environmental Protection (Air) Policy 1997 9 Air quality goals (1) Schedule 1 states air quality goals. (2) The goals are maximum levels for the air quality indicators. (3) It is intended that the air quality goals be achieved as part of progressively achieving the object of this policy over the long term. (4) An air quality goal does not apply to a part of the air environment— (a) for a circumstance to which the Workplace Health and Safety Act 1995 or another law dealing with workplace air quality applies; or (b) inside— (i) a dwelling, manufactured home or caravan park, residential marina or other residential premises; or (ii) a motel, hotel or hostel; or (iii) a kindergarten, school, university or other educational institution; or (iv) a medical centre or hospital. Part 3 Environmental management decisions 10 Application This part applies if— (a) the administering authority is deciding an application for— (i) an environmental authority; or (ii) a development approval; or (iii) the amendment of an environmental authority or development approval; or

s 11 6 s 12 Environmental Protection (Air) Policy 1997 (iv) the approval of a draft environmental management program; and (b) the application concerns 1 or more activities that adversely affect, or may adversely affect, the environmental values ( relevant activities ). 11 Evaluation procedure In making its decision, the administering authority must carry out the following steps for each relevant activity (in the order it considers appropriate)— (a) consider how the activity may affect the environmental values; (b) evaluate the activity in relation to the following— (i) any relevant program developed by the chief executive under part 5, division 1; (ii) the air quality goals; (iii) any relevant approved code of practice; (iv) the standard criteria and other matters that must be considered under the Act; (v) the matters mentioned in section 12; (c) review potential conditions with the applicant. 12 Matters for consideration In making its decision, the administering authority must evaluate the relevant activity in relation to the following matters— (a) the characteristics of the releases of contaminants to air from the relevant activity; (b) any of the following matters of which it is aware— (i) the order in which the applicant and affected persons started to occupy land at or near the relevant site;

s 13 7 s 13 Environmental Protection (Air) Policy 1997 (ii) the views of affected persons about releases of contaminants to the air environment from the relevant activity; (iii) any other information or other matter concerning the effect of the relevant activity on the air environment. 13 Air pollution dispersion modelling and monitoring of releases (1) This section applies if, in making its decision, the administering authority considers it likely the releases will, with other releases in the area known to the administering authority, cause environmental harm. (2) The administering authority may require the applicant to carry out air pollution dispersion modelling for the releases or proposed releases to— (a) assess predicted air quality against an air quality goal; or (b) assess the potential for reducing the impact on the air environment; or (c) assess the cumulative effect of the releases; or (d) decide the appropriate dimensions or location of a chimney from which it is proposed to release contaminants into the air environment. (3) The modelling must be carried out in a way that complies with a relevant protocol. (4) Also, the administering authority must consider requiring the applicant to monitor the releases and their impact. (5) In making its decision about whether or not to require monitoring, the administering authority must consider the following— (a) whether monitoring is needed to assess compliance with any of the following, as applicable— (i) development conditions of the applicant’s development approval; (ii) the applicant’s environmental authority;

s 14 8 s 14 Environmental Protection (Air) Policy 1997 (iii) the applicant’s environmental management program; (aa) if monitoring is needed—the frequency of the monitoring; (b) whether continuous monitoring of releases is needed; (c) whether monitoring is needed to verify the conclusions of an environmental impact assessment, study or report about the relevant activity; (d) if monitoring is needed—the protocols for monitoring the releases and the air environment. Part 4 Management of certain sources of contamination Division 1 Abatement of unreasonable releases of contaminants to air environment 14 Definition for div 1 In this division— unreasonable release , of a contaminant to the air environment, means the release of odours, dust, smoke or other atmospheric contaminants that— (a) causes unlawful environmental harm; 2 and (b) is unreasonable having regard to the following matters— (i) its characteristics; (ii) its intrusiveness; 2 See section 436 (Unlawful environmental harm) of the Act.

s 15 9 s 16 Environmental Protection (Air) Policy 1997 (iii) other releases of contaminants at the place affected by the release; (iv) where the effects of the release of the contaminant can be noticed; (v) the order in which the person releasing the contaminant started to carry out the activity from which the release is made and persons affected by the release started to carry out other activities that may be affected by the release of the contaminant. Example for paragraph (a) — A development approval has been issued for an activity. The release of contaminants to the air environment from the activity causes environmental nuisance. If the activity was carried out in contravention of the development conditions of the development approval, and the activity is not authorised in another way stated in section 436 of the Act, the release of the contaminant would cause unlawful environmental harm. 15 Dispute resolution by agreement This part does not limit the capacity of persons to negotiate a settlement of issues about a release of contaminants to the air environment claimed to be an unreasonable release. 16 Complaint about unreasonable contaminant releases to air environment (1) If a person believes that a contaminant release from a place is an unreasonable release, the person may make a written complaint to the administering authority about the release. (2) The person may support the person’s complaint with information about the release such as, for example— (a) entries in a log or diary; or (b) information identifying the source of the release; or (c) the person’s responses to, and actions about, the release at various times. 3 3 The person’s responses and actions are relevant to establishing that the air emission is unreasonable.

s 17 10 s 18 Environmental Protection (Air) Policy 1997 17 Administering authority must respond to complaint (1) As soon as practicable after the complaint is made, the administering authority must cause an authorised person to investigate the complaint, unless the authority believes the complaint is vexatious. (2) Subsection (1) does not apply if the administering authority considers the complaint would be more appropriately dealt with under another law. Example — The administering authority may consider that a complaint about dust, odour, smoke or another atmospheric contaminant would more appropriately be dealt with under a local law about abatement of that kind of release to the air environment. (3) If, under subsection (2), the administering authority does not cause an authorised person to investigate the complaint, the authority— (a) must advise the complainant of the law under which it considers the complaint would be more appropriately dealt with; and (b) must reconsider whether the complaint would be more appropriately dealt with under the other law if advised by the complainant that he or she has unsuccessfully tried to have the complaint satisfactorily resolved under the other law. 18 Show-cause notice (1) If an administering authority considers there are reasonable grounds for believing that an unreasonable release of contaminants to the air environment is being, or has been, made, the administering authority may give a notice (a show-cause notice ) to the person who released the contaminant. (2) The notice must state the following— (a) a description of the contaminant release; (b) when it is claimed the contaminant release is being, or has been, made;

s 19 11 s 19 Environmental Protection (Air) Policy 1997 (c) why the administering authority considers the contaminant release may be an unreasonable release; (d) that the person may make a written response to the administering authority, by a stated time, stating why the person considers the release is not an unreasonable release; (e) that if, after considering the person’s response (if any), the administering authority is satisfied the contaminant release is unreasonable—it may give the person an abatement notice. (3) The notice must be signed by the administering authority and dated. (4) The stated time for making a response must be reasonable and, in any case, not earlier than 14 days after the notice is given. 19 Abatement notice for contaminant release (1) If the administering authority is satisfied the contaminant release is an unreasonable release, it may give a notice (an abatement notice ) to the person who released the contaminant. (2) However, if the administering authority has issued a show-cause notice to a person for the contaminant release, it must not give an abatement notice until it has considered any response made by the person within the time stated in the show-cause notice. (3) The abatement notice must state the following— (a) a description of the contaminant; (b) that, within a stated time, the person must— (i) stop the contaminant release; or (ii) reduce the concentration of the contaminant release, or change its characteristics in another stated way, so that it is no longer an unreasonable release; (c) the maximum penalty for failing to comply with the notice;

s 20 12 s 21 Environmental Protection (Air) Policy 1997 (d) that the person may apply to the administering authority, within 14 days after receiving the notice, for a review of the decision to give the notice. (4) The notice must be signed by the administering authority and dated. (5) The time mentioned in subsection (3)(b) must be reasonable and, in any case, not earlier than 14 days after the notice is given. (6) The person must comply with the notice. Maximum penalty for subsection (6)—40 penalty units. 20 Review of decision and appeal (1) Chapter 11, part 3 of the Act applies to a decision to give an abatement notice as if the decision were a decision mentioned in schedule 1, part 2 4 of the Act. (2) The person to whom the abatement notice is given is the dissatisfied person for the decision. Division 2 Solid fuel-burning equipment 21 Sale of solid fuel-burning equipment for domestic use (1) A person must not sell solid fuel-burning equipment for use in residential premises unless— (a) a certificate (a certificate of compliance ) has been issued by an accredited entity for the equipment stating— (i) the entity has tested equipment that is the same as the equipment mentioned in the certificate under the test procedures set out in AS 4013; and (ii) the equipment had a particle release factor not more than the allowable appliance release factor stated in section 7 of AS 4013; and 4 Chapter 11, part 3 (Review of decisions and appeals) and schedule 1, part 2 (Original decisions for court appeals) of the Act

s 21 13 s 21 Environmental Protection (Air) Policy 1997 (b) a plate or plates have been attached to the equipment under section 10 of AS 4013. 5 (2) If an accredited entity issues a certificate of compliance for solid fuel-burning equipment, the manufacturer of the equipment must attach a plate or plates to the equipment under section 10 of AS 4013. 5 (3) A person must not— (a) alter the information on a plate attached to solid fuel-burning equipment; or (b) deface or remove a plate attached to solid fuel-burning equipment. 5 (4) A person must not modify or alter in a material way— (a) the structure, exhaust system or inlet air system of the equipment; or (b) a part of the equipment that is involved in the combustion process. 5 (5) However, subsection (4) does not apply to modified or altered equipment— (a) issued with a certificate of compliance under subsection (2); or (b) subject to a retesting exemption under section 9.2 of AS 4013; or (c) if the specifications of the replacement components are equivalent or superior to those used in the equipment for which a certificate under subsection (2) applies. 5 See section 30 which provides a contravention of this provision is a class 2 environmental offence.

s 22 14 s 23 Environmental Protection (Air) Policy 1997 Division 3 Liquid fuel 22 Permitted concentration of lead in leaded petrol for use in vehicles (1) A person must not distribute or sell for use in a vehicle leaded petrol that contains more than the permitted concentration of lead. 6 (2) A person must not knowingly use in a vehicle leaded petrol that contains more than the permitted concentration of lead. Maximum penalty—40 penalty units. (3) This section does not apply to the distribution, sale or use of leaded petrol for use in a motor vehicle used solely for motor racing on a racing circuit or track under a registration certificate for the activity. (4) In this section— permitted concentration of lead , for leaded petrol, means a concentration of lead, or a compound containing lead, of not more than 0.2g/L. 23 Permitted concentration of lead or sulfur in liquid fuel for use in stationary fuel burning equipment (1) A person must not knowingly use, in stationary fuel burning equipment, liquid fuel containing more than the permitted concentration of lead or sulfur. Maximum penalty—40 penalty units. (2) However, a person does not commit an offence against subsection (1) if the use was authorised under any of the following (a relevant authority )— (a) an environmental authority; (b) a development condition of a development approval; (c) a standard environmental condition of a code of environmental compliance for a chapter 4 activity; 6 See section 30 which provides that a contravention of this provision is a class 2 environmental offence.

s 23 15 s 23 Environmental Protection (Air) Policy 1997 (d) an environmental management program; (e) an environmental protection order; (f) an emergency direction. (3) A person (the distributor ) must not distribute or sell liquid fuel containing more than the permitted concentration of lead or sulfur to another person unless— (a) the person to whom the liquid fuel is to be distributed or sold (the purchaser ) is authorised under a relevant authority to use the liquid fuel; and (b) the concentration of lead or sulfur in the liquid fuel— (i) has been decided by an analyst using a protocol; and (ii) is not more than the amount stated in the relevant authority; and (c) at the time of distributing or selling the liquid fuel—the distributor gives a report about the liquid fuel to the purchaser in the approved form. 7 (4) In this section— permitted concentration of lead or sulfur , for liquid fuel for use in stationary fuel-burning equipment, means— (a) a concentration of lead or a lead compound of not more than 0.02% by weight; or (b) a concentration of sulfur or a sulfur compound of not more than 3% by weight. 7 See section 30 which provides a contravention of this provision is a class 2 environmental offence.

s 24 16 s 24 Environmental Protection (Air) Policy 1997 Part 5 Miscellaneous Division 1 Whole of government management of the air environment 24 Programs to enhance or protect environmental values (1) The chief executive must develop and implement coordinated programs to enhance or protect the environmental values. (2) A program may be directed to enhancing or protecting the environmental values in relation to a particular matter (the program’s main subject ) including, for example— (a) a stated part of the air environment; or (b) a stated type or source of contaminant release to the air environment; or (c) a stated place. (3) In developing a program, the chief executive must— (a) consider its likely environmental, economic and social impacts; and (b) obtain and consider the views of, and cooperate with, the chief executives of other departments, local governments, the Commonwealth, industry groups, consumer groups and other appropriate entities. (4) Immediately after developing a program, the chief executive must publish a document under section 28 containing information about the program. (5) The document may state any of the following— (a) the program’s main subject; (b) information to be collected under the program; (c) the way the information will be collected, including sampling, modelling and analytical methods to be used for obtaining information about air emissions;

s 25 17 s 25 Environmental Protection (Air) Policy 1997 (d) matters to be researched or evaluated under the program, including the following matters relating to the program’s main subject— (i) significant sources of contamination of the air environment; (ii) ground level concentrations of contaminants at representative places; (iii) trends in the variations of the concentrations, the significance of the trends and factors accounting for the trends; (iv) the cumulative effects of releases; (v) community perception of stated issues; (e) measures to be taken under the program to enhance or protect the environmental values in relation to the program’s main subject, including— (i) regulatory measures; and (ii) education; and (iii) financial incentives; (f) any other information about the program the chief executive considers appropriate. (6) Immediately after completing a program, the chief executive must publish a report under section 28 about the results of the program, including the information collected and the ways the environmental values have been protected or enhanced. 25 Programs to inform and involve the community (1) The chief executive must also develop and implement coordinated programs for consulting, educating and informing the community about air environment issues. (2) In developing a program, the chief executive must— (a) identify the air environment issues to be addressed or researched; and (b) establish priorities for addressing or researching the issues; and

s 26 18 s 26 Environmental Protection (Air) Policy 1997 (c) identify the entities to be consulted, educated or informed about the issues. Division 2 General 26 Users’ guide (1) As soon as practicable after the commencement of this policy, the chief executive must prepare a document ( users’ guide ) containing the information about this policy the chief executive considers appropriate. (2) The users’ guide may set out information about protocols, deciding air quality goals, risk assessments, impact assessments and monitoring of releases of contaminants to the air environment. (3) The guide may, for example, specify any of the following— (a) appropriate procedures for making assessments for a stated purpose or in stated circumstances, including— (i) the kinds of assessments to be made; and (ii) the timing and frequency of assessments; and (iii) the places the assessments should be made; and (iv) interpretation of the assessment results; (b) the instruments to be used for making assessments and monitoring and the procedures for maintaining or checking the accuracy of the instruments; (c) publications (for example, Australian standards) containing relevant information about assessments or protocols; (d) information about air quality, the character of releases or indicators; (e) air pollution dispersion models; (f) information about monitoring releases of contaminants into the air environment;

s 27 19 s 27 Environmental Protection (Air) Policy 1997 (g) information about protecting the air environment while allowing for activities that are beneficial to the social and economic wellbeing of the community. (4) The users’ guide must be published under section 28. 27 Protocols (1) A protocol is a procedure stated in a document issued by a recognised entity or Standards Australia to be followed in— (a) developing and carrying out a monitoring program; or (b) taking samples; or (c) making tests and measurements; or (d) preserving and storing samples; or (e) performing analyses on samples; or (f) performing statistical analysis of the results of sample analyses and interpreting the results of the analyses; or (g) reporting the results and interpretation of the analyses; or (h) developing and applying an air pollution dispersion model; or (i) carrying out a risk assessment to predict or estimate the risk of adverse effects of contamination on human health or another part of the environment. (2) If there is any inconsistency between the protocols, the protocols are to be used in the following order— (a) protocols contained in the document titled ‘Air Quality Sampling Manual’ published by the department; 8 (b) other protocols issued by the department; (c) protocols issued by Standards Australia; (d) protocols issued by another recognised entity. 8 A copy of the manual may be inspected or purchased at the department’s central office at 160 Ann Street, Brisbane or the department’s regional offices.

s 28 20 s 30 Environmental Protection (Air) Policy 1997 28 Publication requirements If a provision of this policy states that a document must be published under this section, a copy of the document may be— (a) inspected free of charge, during office hours, at the department’s head office and other places the Minister considers appropriate; or (b) purchased from the department for a reasonable fee. 30 Offences—Act, s 441 A contravention of any of the following provisions is a class 2 environmental offence— (a) section 21(1) to (4); 9 (b) section 22(1); 10 (c) section 23(3). 11 9 Section 21 (Sale of solid fuel-burning equipment for domestic use) 10 Section 22 (Permitted concentration of lead in leaded petrol for use in vehicles) 11 Section 23 (Permitted concentration of lead or sulfur in liquid fuel for use in stationary fuel-burning equipment)

21 Environmental Protection (Air) Policy 1997 Schedule 1 Part 1 Air quality indicators and goals sections 8 and 9 Indicators and goals relevant to the aesthetic enjoyment of places and visual and local amenity Air Quality Indicator Carbon disulphide Hydrogen sulfide Particles (visibility-reducing) Styrene Tetrachloroethylene Toluene Air Quality Goal micrograms per m 3 parts per averaging time (except where million (except noted) where noted) 20 0.006 30mins 7 0.005 30mins 20km visibility 70 8mg/m3 1mg/m3 n/a 0.01 1 0.2 1hr 30mins 30mins 30mins Part 2 Indicators and goals relevant to biological integrity Air Quality Indicator Fluoride—generally Air Quality Goal micrograms per m 3 parts per averaging time (except where million (except noted) where noted) 2.9 n/a 24hrs 0.84 n/a 30 days 0.5 n/a 90 days

22 Environmental Protection (Air) Policy 1997 Schedule 1 (continued) Air Quality Indicator Air Quality Goal micrograms per m 3 parts per averaging time (except where million (except noted) where noted) Fluoride—agricultural 1.5 n/a 24hrs production areas 0.4 n/a 30 days 0.25 n/a 90 days Fluoride—protected 0.1 n/a 90 days areas under the Nature Conservation Act 1992 Nitrogen dioxide 95 0.046 4hrs 30 0.01 1yr Ozone 210 0.1 1hr 65 0.03 24hrs 60 0.03 100 days of a growing season Sulfur dioxide 100 0.04 24hrs 60 0.02 1yr Total deposited nitrogen 3g/m 2 n/a 1yr Part 3 Other indicators and goals Air Quality Indicator Cadmium Carbon disulphide Air Quality Goal micrograms per m 3 parts per averaging time (except where million (except noted) where noted) 20ng/m3 (maximum with no increase above existing levels) n/a 1yr 100 0.03 24hrs

23 Environmental Protection (Air) Policy 1997 Schedule 1 (continued) Air Quality Indicator Air Quality Goal micrograms per m 3 parts per averaging time (except where million (except noted) where noted) Carbon monoxide 10mg/m3 8 8hrs 1, 2 dichlorethane 0.7mg/m3 0.2 24hrs Dichloromethane 3mg/m3 0.8 24hrs Formaldehyde 100 0.07 30mins Hydrogen sulfide 150 0.099 24hrs Lead 1.5 n/a 90 days Manganese 1 n/a 1yr Nitrogen dioxide 320 0.16 1hr Ozone and photo-chemical oxidants 210 0.098 1hr 170 0.079 4hrs Particles (as PM10) 150 n/a 24hrs 50 n/a 1yr Particles (as total suspended particulate) 90 n/a 1yr Styrene 800 0.2 24hrs Sulfate 15 n/a 1yr Sulfur dioxide 700 0.25 10mins 570 0.2 1hr 60 0.02 1yr Tetrachloroethylene 5mg/m3 0.7 24hrs Toluene 8mg/m3 2 24hrs Trichloroethylene 1mg/m3 0.2 24hrs Vanadium 1 n/a 24hrs

24 Environmental Protection (Air) Policy 1997 Schedule 2 Dictionary section 3 accredited entity means— (a) the Australian Home Heating Association; or (b) the Energy Information Centre in South Australia; or (c) another entity that is— (i) a recognised service provider in the industry for solid fuel-burning equipment; and (ii) not a manufacturer or importer of solid fuel-burning equipment. air quality indicator see section 8. AS 4013 means AS 4013–Domestic solid fuel-burning appliances–Method for determination of flue gas emission. environmental value means an environmental value to be enhanced or protected under this policy. liquid fuel means a combustible liquid used, or produced for use, in— (a) an internal combustion engine; or (b) stationary fuel-burning equipment. protocol see section 27. recognised entity means— (a) the department; or (b) a state or Commonwealth environmental protection agency; or (c) the Australian and New Zealand Environment and Conservation Council; or (d) the National Health and Medical Research Council. relevant site , for an activity, means a place where the activity is, or is proposed to be, carried out.

25 Environmental Protection (Air) Policy 1997 Schedule 2 (continued) solid fuel-burning equipment means fuel-burning equipment— (a) that is designed to burn hardwood, sub-bituminous coal, softwood, briquettes or another fuel subject to a retesting exemption under section 9.2 of AS 4013; and (b) to which AS 4013 applies.

26 Environmental Protection (Air) Policy 1997 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 5 May 2006. Future amendments of the Environmental Protection (Air) Policy 1997 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

27 Environmental Protection (Air) Policy 1997 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only Reprint No. 1 1A 1B 2 Amendments to none 1998 SL No. 62 2000 SL No. 349 2000 SL No. 349 Effective 1 February 1998 27 March 1998 1 January 2001 1 January 2001 Reprint date 1 February 1998 30 April 1998 2 January 2001 1 January 2001 Reprint No. 2A 2B 2C 2D 3 Amendments included 2003 SL No. 73 2004 SL No. 176 2004 SL No. 208 2006 SL No. 81 — Effective 24 April 2003 3 September 2004 4 October 2004 5 May 2006 5 May 2006 Notes R2D withdrawn, see R3 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 2 6 List of legislation Environmental Protection (Air) Policy 1997 SL No. 468 approved by the Governor in Council on 18 December 1997 notfd gaz 19 December 1997 pp 1770–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 February 1998 (see s 2) exp 1 September 2008 (see SIA s 54) Note—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) A regulatory impact statement and explanatory note were prepared. amending legislation— Environmental Protection Act 1994 No. 62 ss 1–2, 616(2) (this Act is amended, see amending legislation below) date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provision commenced 1 January 2001

28 Environmental Protection (Air) Policy 1997 amending legislation— Environmental Protection and Other Legislation Amendment Act 2000 No. 64 s 52 (amends 1994 No. 62 above) date of assent 24 November 2000 ss 1–2 commenced on date of assent remaining provision commenced 1 January 2001 Environmental Protection (Air) Amendment Policy (No. 1) 1998 SL No. 62 notfd gaz 27 March 1998 pp 1310–12 commenced on date of notification Environmental Protection (Air) Amendment Policy (No. 1) 2000 SL No. 349 notfd gaz 15 December 2000 pp 1478–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2001 (see s 2) Environmental Protection Policies Amendment Policy (No. 1) 2003 SL No. 73 pts 1–2, s 4 sch notfd gaz 24 April 2003 pp 1436–7 commenced on date of notification Commercial and Consumer Tribunal and Other Legislation Amendment Regulation (No. 1) 2004 SL No. 176 pts 1, 3 notfd gaz 3 September 2004 pp 99–100 commenced on date of notification Environmental Protection Policies Amendment Policy (No. 1) 2004 SL No. 208 pts 1–2 notfd gaz 1 October 2004 pp 393–5 ss 1–2 commenced on date of notification remaining provisions commenced 4 October 2004 (see s 2) Environmental Protection Policies Amendment Policy (No. 1) 2006 SL No. 81 pts 1–2 notfd gaz 5 May 2006 pp 76–7 commenced on date of notification 7 List of annotations Definitions prov hdg amd 2003 SL No. 73 s 4 sch s 3 amd 2003 SL No. 73 s 4 sch Air quality goals s 9 amd 2004 SL No. 176 s 5 Application s 10 amd 2004 SL No. 208 s 4 Air pollution dispersion modelling and monitoring of releases s 13 amd 2004 SL No. 208 s 5

29 Environmental Protection (Air) Policy 1997 Definition for div 1 s 14 amd 1994 Act No. 62 s 616(2) (amd 2000 No. 64 s 52); 2004 SL No. 208 s 6 Review of decision and appeal s 20 amd 2000 SL No. 349 s 4; 2000 Act No. 64 s 617(2); 1994 Act No. 62 s 16(2) (amd 2000 No. 64 s 52) Sale of solid fuel-burning equipment for domestic use s 21 amd 2003 SL No. 73 s 4 sch Permitted concentration of lead in leaded petrol for use in vehicles s 22 amd 2004 SL No. 208 s 7 Permitted concentration of lead or sulfur in liquid fuel for use in stationary fuel burning equipment s 23 amd 2004 SL No. 208 s 8 Amendment of certain provisions of policy s 29 amd 1994 Act No. 62 s 616(2) (amd 2000 No. 64 s 52); 2003 SL No. 73 s 4 sch om 2006 SL No. 81 s 3 Offences—Act, s 441 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 No. 64 s 52) s 30 amd 2003 SL No. 73 s 4 sch Division 3—Assessment of policy performance div hdg om 2006 SL No. 81 s 3 Review of policy s 31 amd 1994 Act No. 62 s 616(2) (amd 2000 No. 64 s 52) om 2006 SL No. 81 s 3 SCHEDULE 1—AIR QUALITY INDICATORS AND GOALS sub 1998 SL No. 62 s 3 amd 2004 SL No. 208 s 9 SCHEDULE 2—DICTIONARY def “accredited entity” sub 2003 SL No. 73 s 3 © State of Queensland 2009