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Environmental Protection Regulation 1998

Queensland Environmental Protection Act 1994 Environmental Protection Regulation 1998 Reprinted as in force on 1 September 2008 Reprint No. 7C 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. 370 s 145

Information about this reprint This regulation is reprinted as at 1 September 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). 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. 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. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘judgement’ has replaced ‘judgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised 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 an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Environmental Protection Regulation 1998 Contents Part 1 1 3 Part 1A Division 1 3A Division 2 3B 3C 3D 3E 3F Part 2 4 6 6A Part 2A Division 1 Subdivision 1 6B 6C Subdivision 2 6D Subdivision 3 6E Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions—dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Environmental impact statements Preliminary Types of project requiring Commonwealth or State authority approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 EIS process Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Prescribed matters for draft terms of reference—Act, s 41(2)(c) . 10 Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Prescribed way for publishing TOR notice and EIS notice . . . . . . 11 EIS assessment report—Act, s 59(e) . . . . . . . . . . . . . . . . . . . . . . 11 Environmentally relevant activities Levels 1 and 2 prescribed environmentally relevant activities . . . 12 Prescribed criteria—Act, s 151. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Environmentally relevant activity—waste disposal . . . . . . . . . . . . 13 Environmental nuisance Preliminary Object of part and its achievement Object of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 How object is achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Standard definitions Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Meaning of audible noise Meaning of audible noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2 Environmental Protection Regulation 1998 Subdivision 4 6F 6G 6H 6I 6J 6K Division 2 Subdivision 1 6L 6M Subdivision 2 6N 6O 6P Division 3 Subdivision 1 6Q 6R Subdivision 2 6S 6T Subdivision 3 6U Subdivision 4 6V Division 4 Subdivision 1 6W 6X 6Y 6Z 6ZA 6ZB 6ZC 6ZD 6ZE Meaning of unlawful environmental nuisance General definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Animal noise exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audible traffic signal noise exclusion . . . . . . . . . . . . . . . . . . . . . . Blasting noise exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Outdoor shooting range noise exclusion . . . . . . . . . . . . . . . . . . . Cooking odour exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigation of unlawful environmental nuisance Nuisance complaints How nuisance complaint may be made . . . . . . . . . . . . . . . . . . . . Frivolous, vexatious or mistaken complaints . . . . . . . . . . . . . . . . Investigations No investigation without relevant nuisance complaint . . . . . . . . . Duty to investigate nuisance complaint . . . . . . . . . . . . . . . . . . . . Discharge of duty to investigate . . . . . . . . . . . . . . . . . . . . . . . . . . Nuisance abatement notices When nuisance abatement notice may be given Conditions for giving nuisance abatement notice . . . . . . . . . . . . . Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emission criteria General emission criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Noise emission criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for nuisance abatement notices Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with nuisance abatement notices Failure to comply with nuisance abatement notice . . . . . . . . . . . . Noise offences Offences Building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulated devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Spa blowers and pool pumps . . . . . . . . . . . . . . . . . . . . . . . . . . . . Airconditioning equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refrigeration equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indoor venues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Open-air events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amplifier devices, other than at indoor venue or open-air event. . Power boat sports in waterway. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 19 19 19 20 21 21 22 22 22 23 24 24 25 25 26 26 27 28 29 29 30 30 31 32

3 Environmental Protection Regulation 1998 6ZF Subdivision 2 6ZG 6ZH 6ZI 6ZJ 6ZK Subdivision 3 6ZL 6ZM Division 5 Subdivision 1 6ZN 6ZO Subdivision 2 6ZP 6ZQ Subdivision 3 6ZR 6ZS Division 6 6ZT 6ZU Part 3A Division 1 Subdivision 1 38A Subdivision 2 38B 38C 38D 38E 38F 38G Division 2 38H Operating power boat engine at premises . . . . . . . . . . . . . . . . . . Exemptions Operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with general environmental duty. . . . . . . . . . . . . . . . Lawful environmental nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . Certain environmentally relevant activities . . . . . . . . . . . . . . . . . . Compliance with certain instruments under Act or a local law . . . Proceedings for noise offences Relevant nuisance complaint required for certain prosecuting parties ........................................ Special evidentiary provisions for audible noise . . . . . . . . . . . . . . Measurement of noise Preliminary Operation of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No requirement to measure audible noise . . . . . . . . . . . . . . . . . . Where to measure noise Source noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Background noise level. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to measure noise Measurement procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Measurement of noises of same type from same premises . . . . . Miscellaneous General evidentiary provision for emissions . . . . . . . . . . . . . . . . . Dispute resolution by agreement not affected . . . . . . . . . . . . . . . National pollutant inventory Preliminary General Purpose of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of emission of a substance . . . . . . . . . . . . . . . . . . . . . . Meaning of facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of offshore facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Collecting data for the national pollutant inventory Occupiers of reporting facilities to give information . . . . . . . . . . . 33 34 34 34 35 35 36 36 37 38 38 38 39 40 40 41 41 42 43 43 44 44 44 44

4 Environmental Protection Regulation 1998 38I 38J 38K 38L 38M 38N 38O 38P 38Q Division 3 38R Division 4 38S 38T Division 5 38U 38V Part 3C Division 1 Subdivision 1 38ZI Subdivision 2 38ZJ Division 2 38ZK 38ZL 38ZM Division 3 38ZO Division 4 38ZP 38ZQ 38ZR 38ZS 38ZT Exceeding reporting threshold . . . . . . . . . . . . . . . . . . . . . . . . . . . Reporting period for facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Estimation technique for emission data . . . . . . . . . . . . . . . . . . . . Application for approval of estimation technique . . . . . . . . . . . . . Approving estimation technique . . . . . . . . . . . . . . . . . . . . . . . . . . Occupier must keep particular data for 3 years . . . . . . . . . . . . . . Exemption on ground of national security . . . . . . . . . . . . . . . . . . Claiming exemption on ground of commercial confidentiality. . . . Deciding claim for exemption on ground of commercial confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Giving information to Commonwealth Chief executive to give information to Commonwealth . . . . . . . . . Enforcement provisions Noncompliance with reporting requirement . . . . . . . . . . . . . . . . . Minister may name occupier in report to council . . . . . . . . . . . . . Miscellaneous Industry handbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information not to be used as evidence . . . . . . . . . . . . . . . . . . . . Quality standards for petrol and diesel Preliminary General Purpose of pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permitted concentrations of particular chemicals Permitted concentration of ethers and benzene. . . . . . . . . . . . . . Permitted concentration of sulfur . . . . . . . . . . . . . . . . . . . . . . . . . Permitted concentration of lead . . . . . . . . . . . . . . . . . . . . . . . . . . Reid vapour pressure of petrol Permitted Reid vapour pressure—after 15 November 2002. . . . . Exemptions Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional information for applications . . . . . . . . . . . . . . . . . . . . . Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Giving exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 48 49 50 50 51 51 52 52 53 53 54 55 55 56 56 57 58 58 58 59 59 60 60 61

5 Environmental Protection Regulation 1998 Division 5 Record keeping 38ZU Record keeping requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Administration Division 1 Devolutions 39 Devolution of powers—environmentally relevant activities . . . . . . 40 Devolution of powers—other activities . . . . . . . . . . . . . . . . . . . . . 40A Devolution of Act includes statutory instruments under Act . . . . . 40B Devolution of powers—residential land . . . . . . . . . . . . . . . . . . . . Division 3 Fees Subdivision 1 Preliminary 44 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Fees for prescribed authorities 44A Fees for prescribed authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2A Additional fee provisions for registration certificates 44AA Fee for anniversary changeover application. . . . . . . . . . . . . . . . . 44AB Application fee not payable if prior application for development approval made . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44AC Refund of annual fee component of application fee . . . . . . . . . . . Subdivision 2B Additional fee provisions for environmental authorities 44C Fee for anniversary changeover applications . . . . . . . . . . . . . . . . 45 Refund of annual fee component if environmental authority refused ........................................ 45A Refund of annual fee if replacement environmental authority issued ......................................... 46 Credit for environmental authority amendment applications . . . . Subdivision 4 Waiver of fees 48C Definitions for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Application for waiver of fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Criteria for deciding waiver application. . . . . . . . . . . . . . . . . . . . . 51 Effect of decision on waiver application . . . . . . . . . . . . . . . . . . . . Subdivision 5 Other fees 51A Fee for late payment of annual fee . . . . . . . . . . . . . . . . . . . . . . . . 51B Fees for contaminated land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Fees for transitional environmental programs . . . . . . . . . . . . . . . Division 4 Registers 53 Register of environmental authorities. . . . . . . . . . . . . . . . . . . . . . 54 Register of registration certificates . . . . . . . . . . . . . . . . . . . . . . . . 55 Register of environmental reports . . . . . . . . . . . . . . . . . . . . . . . . 61 62 62 63 63 64 64 66 66 67 67 68 68 69 69 70 70 72 73 73 73 74 74 74

6 Environmental Protection Regulation 1998 56 57 58 59 Division 5 62 63 Part 4A 63A 63AA 63B 63C 63D Part 5 64 Schedule 1 Schedule 1AA 1 2 3 4 5 6 7 Schedule 1A Part 1 1 2 3 4 5 Part 2 6 Register of monitoring program results . . . . . . . . . . . . . . . . . . . . Register of transitional environmental programs . . . . . . . . . . . . . Register of environmental protection orders . . . . . . . . . . . . . . . . Register of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . General Review of decisions and appeal . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised persons—Act, s 445(1)(c) . . . . . . . . . . . . . . . . . . . . . Miscellaneous Codes of environmental compliance for mining and petroleum activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of environmental compliance for chapter 4 activities or aspects of chapter 4 activities . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed periods under Act—sch 8C . . . . . . . . . . . . . . . . . . . . Prescribed organisations in relation to site investigation . . . . . . . Prescribed regulated waste—Act, sch 2, item 37. . . . . . . . . . . . . Transitional provision for the Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2007 Transitional provision for amended sch 1, item 16 . . . . . . . . . . . . Prescribed environmentally relevant activities and amounts for annual fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be addressed by assessment . . . . . . . . . . . . . . . . General information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposed safeguards and mitigation measures . . . . . . . . . . . . . . Other approvals and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . Proponent’s environmental record . . . . . . . . . . . . . . . . . . . . . . . . Information sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed criteria for section 151 of the Act . . . . . . . . . . . . . Preliminary What is a category A environmentally sensitive area . . . . . . . . . . What is a category B environmentally sensitive area . . . . . . . . . . Limits of riverine area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What is significantly disturbed land . . . . . . . . . . . . . . . . . . . . . . . What is a watercourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criteria Criteria for environmental authority (mining lease)—Act, s 151 . . 75 76 76 77 77 79 79 80 80 81 81 81 83 107 107 107 108 109 109 110 110 112 112 113 114 114 115 116

7 Environmental Protection Regulation 1998 7 Schedule 6 Schedule 6A Schedule 7 Schedule 8 Schedule 8A Schedule 8B Schedule 8C Part 1 1 2 3 Part 2 Division 1 4 5 Division 2 7 8 Division 3 9 10 Division 4 11 12 Division 5 13 14 15 Schedule 9 Criteria for other environmental authority (mining activities)—Act, s 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of environmental compliance for chapter 4 activities or aspects of chapter 4 activities . . . . . . . . . . . . . . . . . . . . . . . Regulated wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ozone depleting substances . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed organisations for contaminated land matters . . . Areas of local governments forming scheduled areas . . . . . Prescribed periods under Act . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed periods for chapter 3 Advice to chief executive about draft terms of reference—Act, s 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finalising terms of reference—Act, s 46 . . . . . . . . . . . . . . . . . . . Decision on whether to allow EIS to proceed—Act, s 49 . . . . . . . Prescribed periods for chapter 5 Environmental authority (mining claim) applications Decision to refuse or allow to proceed—Act, s 173 . . . . . . . . . . . Giving draft environmental authority—Act, s 175 . . . . . . . . . . . . . Environmental authority (exploration) and environmental authority (mineral development) applications Assessment period for EM plan assessment report—Act, s 191 . Decision period—Act, s 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Environmental authority (mining lease) applications Assessment period for EM plan assessment report—Act, s 205 . Decision to refuse or allow to proceed—Act, s 207 . . . . . . . . . . . Amendment applications Assessment level decision—Act, s 246 . . . . . . . . . . . . . . . . . . . . Deciding application—Act, s 257 . . . . . . . . . . . . . . . . . . . . . . . . . Surrender applications When surrender required—Act, s 270 . . . . . . . . . . . . . . . . . . . . . FRR assessment report period—Act, s 276. . . . . . . . . . . . . . . . . Deciding application—Act, s 277 . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 119 124 125 129 133 134 135 135 135 135 136 136 137 137 137 138 139 139 139 139 140 141 Endnotes 1 2 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 151

8 Environmental Protection Regulation 1998 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 6 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

s 1 9 s 3A Environmental Protection Regulation 1998 Environmental Protection Regulation 1998 [as amended by all amendments that commenced on or before 1 September 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Environmental Protection Regulation 1998 . 3 Definitions—dictionary The dictionary in schedule 9 defines particular words used in this regulation. Part 1A Environmental impact statements Division 1 Preliminary 3A Types of project requiring Commonwealth or State authority approval A project is prescribed for section 37(1)(e) 1 of the Act if— (a) the Commonwealth Minister has, under the Commonwealth Environment Act 2 — 1 Section 37 (When EIS process applies) of the Act 2 See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach).

s 3B 10 s 3D Environmental Protection Regulation 1998 (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 (b) the relevant impacts of the project are to be assessed under a bilateral agreement. Division 2 EIS process 3B Application of div 2 (1) This division applies to a project mentioned in section 3A. (2) Any steps or actions taken in the EIS process before the action mentioned in section 3A(a) happens are taken to have complied with this division. 3C Prescribed matters for draft terms of reference—Act, s 41(2)(c) The draft terms of reference for an EIS must include the matters necessary for ensuring the assessment under the EIS— (a) assesses the project’s relevant impacts; and (b) 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 (c) addresses the matters mentioned in schedule 1AA. 3D Prescribed 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 proponent’s name;

s 3E 11 s 3F Environmental Protection Regulation 1998 (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 3 and protected by a controlling provision for the project. 3E Prescribed 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. 3F 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, changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in relevant submissions; (d) to the extent practicable, a summary of feasible alternatives to the project identified in the assessment 3 Commonwealth Environment Act, section 34 (What is matter protected by a provision of Part 3?)

s 4 12 s 4 Environmental Protection Regulation 1998 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) After completing the report, the chief executive must give a copy of it to the Commonwealth Minister. (3) In this section— matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1. 4 relevant submissions means— (a) properly made submissions under section 55(2) of the Act; and (b) submissions accepted by the chief executive under section 55(3) of the Act for chapter 3 5 of the Act. Part 2 Environmentally relevant activities 4 Levels 1 and 2 prescribed environmentally relevant activities (1) An activity mentioned in schedule 1, column 1, is an environmentally relevant activity of the level set out opposite the activity in schedule 1, column 2. (2) However, an activity lawfully carried out under a local law in a detached house or in a separate building within the curtilage 4 Commonwealth Environment Act, chapter 2, part 3, division 1 (Requirements relating to matters of national environmental significance) 5 Chapter 3 (Environmental impact statements) of the Act

s 6 13 s 6A Environmental Protection Regulation 1998 of a detached house by 1 or more of the permanent residents of the house is not an environmentally relevant activity. 6 Prescribed criteria—Act, s 151 For section 151 6 of the Act, the prescribed criteria for types of environmental authority (mining activities) are stated in schedule 1A. 6A Environmentally relevant activity—waste disposal (1) A person who carries out the environmentally relevant activity of operating a facility mentioned in schedule 1, item 75(a) must ensure the limited regulated waste received at the facility in a year is not more than 10% of the waste received at the facility in the year. Maximum penalty—50 penalty units. (2) A person who carries out the environmentally relevant activity of operating a facility mentioned in schedule 1, item 75(c) must supervise the burial of untreated clinical waste received at the facility. Maximum penalty—20 penalty units. (3) Also, a person must not deliver untreated clinical waste to a facility mentioned in schedule 1, item 75(c) unless the waste was generated in a scheduled area. Maximum penalty—20 penalty units. 6 Section 151 (What is a level 1 mining project and a level 2 mining project ) of the Act

s 6B 14 s 6D Environmental Protection Regulation 1998 Part 2A Environmental nuisance Division 1 Preliminary Subdivision 1 Object of part and its achievement 6B Object of pt 2A The object of this part is to help to protect Queensland’s environment from environmental nuisance. 6C How object is achieved To achieve the object, this part— (a) provides for nuisance abatement notices to control emissions that cause unlawful environmental nuisance; and (b) creates offences for specific types of noise of a minor nature. 7 Subdivision 2 Standard definitions 6D Definitions for pt 2A In this part— affected building , for noise, means any building, or any part of a building, including, for example, the building from which the noise is made, at which the noise can be heard. AS 1055 means AS 1055—‘1997 Acoustics—Description and measurement of environmental noise’. 8 7 For the achievement of the object, see also the noise policy, part 2 (Application and object). 8 A copy of AS 1055 may be inspected, free of charge, at the department’s office at 160 Ann Street, Brisbane.

s 6D 15 s 6D Environmental Protection Regulation 1998 at , a place or premises, includes in or on the place or premises. audible noise see section 6E. background noise level means the background A-weighted sound pressure level under AS 1055. 9 builder means a person who, under the Queensland Building Services Authority Act 1991 , holds, or who is required to hold, a licence or an owner builder permit. building includes a structure of any type and part of a building or structure. building contractor means a person who is employed or engaged— (a) by a builder to carry out building work; or (b) by someone else to carry out building work for a builder. building site means a place where building work is being, or is about to be, carried out at which a sign must, under the Queensland Building Services Authority Act 1991 , section 52, be exhibited. building work means— (a) an activity (a building activity ) as follows— (i) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building; (ii) providing airconditioning, drainage, heating, lighting, sewerage, ventilation or water supply for a building; or (b) excavating or filling— (i) for, or incidental to, a building activity; or (ii) that may adversely affect the stability of a building, whether on the land on which the building is situated or on adjoining land; or 9 See AS 1055.1, paragraph 3.7, definition Background A-weighted sound pressure level .

s 6D 16 s 6D Environmental Protection Regulation 1998 (c) supporting (whether vertically or laterally) land for a building activity. complainant means a person who has made a nuisance complaint, for which a rejection notice has not been given. educational institution means— (a) a State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4; or (ab) a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001 ; or (b) a TAFE institute or statutory TAFE institute under the Vocational Education, Training and Employment Act 2000 ; or (c) a university. emission means an emission of ash, dust, fumes, light, noise, odour or smoke. general emission criteria means the general emission criteria under section 6S. indoor venue means a building, other than a licensed premises, used for musical, sporting or other entertainment or for cultural or religious activities. Examples of use of a building for definition indoor venue — • 10 pin bowling • concerts • indoor cricket • religious worship • squash licensed premises means licensed premises under the Liquor Act 1992 . noise emission criteria means the noise emission criteria under section 6T. noise offence means an offence against division 4. noise offence exemption see section 6ZG(1).

s 6D 17 s 6D Environmental Protection Regulation 1998 nuisance abatement notice means a nuisance abatement notice given under division 3. nuisance complaint means a complaint made under section 6L for which a rejection notice has not been given. open-air event means an open-air activity, competition, concert, display or race. power boat means a power driven watercraft, including, for example, a jet ski or other power driven personal watercraft. railway means a private or public railway or railway facility. Examples of a railway facility — • a railway bridge • a railway communications system • a railway marshalling station and yard • a railway track • works built for a railway rejection notice see section 6M(3). relevant nuisance complaint , for an emission, means a nuisance complaint made about— (a) the emission; or (b) another emission of the same type if the same person— (i) is, or may have been, a responsible person for both emissions; or (ii) allowed, or may have allowed, both emissions to happen. responsible person , for an emission, means— (a) a person who makes the emission, causes it to be made or is in control of its cause; or (b) if the emission is animal noise— (i) the animal’s owner; or (ii) a person who has care or control of the animal. source noise see section 6ZN. unlawful environmental nuisance see section 6F.

s 6E 18 s 6F Environmental Protection Regulation 1998 Subdivision 3 Meaning of audible noise 6E Meaning of audible noise (1) Audible noise means noise that can be heard by any individual who is an occupier of an affected building. (2) For subsection (1), the occupier can hear the noise if the occupier can hear it from the part of the building most exposed to the noise. Example of audible noise — A occupies unit 1 in a block of units. A makes noise or causes noise to be made from unit 1. B occupies unit 10 in the same block. The most exposed part of unit 10 to the noise is its balcony. B can not hear the noise from unit 10’s bathroom, but can hear it from the balcony. The noise is audible noise. Subdivision 4 Meaning of unlawful environmental nuisance 6F General definition Subject to sections 6G to 6K, unlawful environmental nuisance means environmental nuisance not authorised to be done or omitted to be done under any of the following— (a) an environmental protection policy; (b) a transitional environmental program; (c) an environmental protection order; (d) an environmental authority; (e) a condition of a development approval; (f) a standard environmental condition of a code of environmental compliance for a chapter 4 activity; (g) an emergency direction. 10 10 See however section 436(2) (Unlawful environmental harm) of the Act.

s 6G 19 Environmental Protection Regulation 1998 s 6J 6G Animal noise exclusion Animal noise can only be unlawful environmental nuisance if the animal that made the noise is a domestic animal. 6H Audible traffic signal noise exclusion Noise from an audible traffic signal at pedestrian lights under the Queensland Road Rules is not unlawful environmental nuisance if the signal complies with AS 1742.10—‘1990 Pedestrian control and protection’. 11 6I Blasting noise exclusion Noise from blasting is not unlawful environmental nuisance for an affected building if— (a) the airblast overpressure is no more than 115dB (Lin) Peak for 4 out of any 5 consecutive blasts; and (b) the ground vibration is— (i) for vibrations of more than 35Hz—no more than 25mm a second ground vibration, peak particle velocity; or (ii) for vibrations of no more than 35Hz—no more than 10mm a second ground vibration, peak particle velocity. 6J Outdoor shooting range noise exclusion (1) Noise from an outdoor shooting range is not unlawful environmental nuisance for an affected building if the noise is no more than— (a) from 6a.m. to 6p.m. on any day— (i) for a range that is normally used at least 5 days a week—95dB (Lin) Peak Hold; or (ii) for a range that is normally used 4 days a week—100dB (Lin) Peak Hold; or 11 A copy of AS 1742.10 may be inspected, free of charge, at the department’s office at 160 Ann Street, Brisbane.

s 6K 20 s 6K Environmental Protection Regulation 1998 (iii) for a range that is normally used no more than 3 days a week—105dB (Lin) Peak Hold; or (b) from 6p.m. to 10p.m. on any day— (i) for a range that is normally used at least 5 evenings a week—85dB (Lin) Peak Hold; or (ii) for a range that is normally used 4 evenings a week—90dB (Lin) Peak Hold; or (iii) for a range that is normally used no more than 3 evenings a week—95dB (Lin) Peak Hold. (2) For subsection (1), noise from an outdoor shooting range is measured by working out the arithmetic average of the noise levels of whichever of the following happens first during the measurement period— (a) at least 40 individual gunshots; (b) at least 20 individual gunshots in any 30 minute period. (3) In this section— used means used for an activity that includes shooting. Examples of a range being used — 1 a shooting match conducted at the range 2 a defence personnel or police officer training session, that includes shooting, conducted at the range 6K Cooking odour exclusion A cooking odour is not unlawful environmental nuisance if the cooking that made the odour happens on land on which a class 1, 2, 3 or 10 building under the Building Code of Australia is constructed.

s 6L 21 s 6M Environmental Protection Regulation 1998 Division 2 Investigation of unlawful environmental nuisance Subdivision 1 Nuisance complaints 6L How nuisance complaint may be made (1) If a person believes an emission from a person, place or thing has or is causing unlawful environmental nuisance, the person may complain to the administering authority about the emission. (2) The complaint may be written or oral. (3) The complaint must include— (a) the complainant’s name and residential address; and (b) a telephone number at which the complainant can be contacted; and (c) enough details of the emission to allow the authority to investigate whether the emission is causing unlawful environmental nuisance. 6M Frivolous, vexatious or mistaken complaints (1) This section applies if, at any time after a nuisance complaint has been made, the administering authority believes, on reasonable grounds, the complaint is frivolous, vexatious or based on a mistaken belief. (2) The authority may reject the complaint. (3) If the authority rejects the complaint, it must give the person who made the complaint written notice (a rejection notice ) stating the following— (a) that the authority has rejected the complaint; (b) the reasons for the rejection; (c) the review or appeal details.

s 6N 22 s 6P Environmental Protection Regulation 1998 Subdivision 2 Investigations 6N No investigation without relevant nuisance complaint The administering authority must not investigate an emission unless a relevant nuisance complaint has been made for the emission. 6O Duty to investigate nuisance complaint (1) The administering authority must investigate a nuisance complaint as soon as practicable after— (a) the complaint has been made; and (b) the authority has had a reasonable opportunity to consider whether the complaint is frivolous, vexatious or based on a mistaken belief. (2) However, subsection (1) ceases to apply if— (a) a rejection notice has been given for the complaint; or (b) the authority considers the complaint would be more appropriately dealt with under another law. Examples for subsection (2)(b) — 1 A nuisance complaint is made about noise from licensed premises. The administering authority may consider the complaint would be more appropriately dealt with under the Liquor Act 1992 . 2 A nuisance complaint is made about domestic animal noise. The administering authority may consider it more appropriate to deal with the complaint under a local law about abating domestic animal noise. (3) If, under subsection (2)(b), the authority does not, or ceases to, investigate the complaint the authority must advise the complainant of the law under which it considers the complaint would be more appropriately dealt with. 6P Discharge of duty to investigate (1) This section applies only if the administering authority must investigate a nuisance complaint.

s 6Q 23 s 6Q Environmental Protection Regulation 1998 (2) If the emission the subject of the complaint is noise, the authority must investigate and consider whether a noise offence may have been committed. 12 (3) If the emission is not noise or if the authority does not consider a noise offence has been committed, the authority must investigate and consider whether— (a) a nuisance abatement notice should be given; or (b) any other action is appropriate. Division 3 Nuisance abatement notices Subdivision 1 When nuisance abatement notice may be given 6Q Conditions for giving nuisance abatement notice The administering authority may give a nuisance abatement notice to a responsible person for an emission only if— (a) a relevant nuisance complaint has been made for the emission; and (b) the authority reasonably believes the emission is, or has been, causing unlawful environmental nuisance, after considering— (i) the general emission criteria; and (ii) if the emission is noise—the noise emission criteria; and (c) a restriction under section 6R does not apply. 12 See section 6Q(c) (Conditions for giving nuisance abatement notice) and the State Penalties Enforcement Regulation 2000 , section 10 (Authorised person for infringement notice for offence against nominated law) and schedule 2 (Environmental legislation).

s 6R 24 s 6S Environmental Protection Regulation 1998 6R Restrictions A nuisance abatement notice must not be given to a person for an emission if— (a) the emission, or a matter relating to it is, or may be, a noise offence; or (b) the emission was caused by an environmentally relevant activity and the activity was carried out under— (i) for a chapter 4 activity—a development approval or a code of environmental compliance for the activity; or (ii) for a mining or petroleum activity—an environmental authority. Subdivision 2 Emission criteria 6S General emission criteria The general emission criteria are as follows— (a) the emission’s characteristics or qualities; (b) the emission’s amount and rate; (c) the duration and time of the emission; (d) whether the emission is continuous or fluctuating; (e) the characteristics and qualities of the environment into which the emission is made (the receiving environment ); (f) the emission’s impact on the receiving environment; (g) the views of each complainant for the emission; (h) if another person affected by the emission has given the administering authority a view about the emission—that view; (i) the order of occupancy between the responsible person and each complainant.

s 6T 25 s 6U Environmental Protection Regulation 1998 6T Noise emission criteria (1) For noise other than animal noise, the noise emission criteria are as follows— (a) the acoustic quality objective under the noise policy, section 11; (b) if a sound pressure level has been measured by the administering authority—the sound pressure level; (c) the audibility of the noise; (d) whether the noise is continuous at a steady level or whether it has a fluctuating, intermittent, tonal or impulsive nature; (e) whether the noise has vibration components. (2) For animal noise, the noise emission criteria is whether the noise is excessive in all the circumstances. (3) For subsection (2), the administering authority may consider the noise to be excessive in all the circumstances if— (a) the noise is made for more than a total of 6 minutes in any hour from 7a.m. to 10p.m. on any day; or (b) the noise is made for more than a total of 3 minutes in any 30 minute period on any day after 10p.m. or before 7a.m. Subdivision 3 Requirements for nuisance abatement notices 6U Requirements (1) A nuisance abatement notice must— (a) be signed by the administering authority; and (b) identify the responsible person to whom it is to be given; and (c) describe the emission the subject of the notice; and (d) state the following—

s 6V 26 s 6W Environmental Protection Regulation 1998 (i) that the person must stop the emission or control, prevent or reduce it so that it is no longer unlawful environmental nuisance; (ii) a time (the compliance time ) on or before which the person must comply with subparagraph (i); (iii) the review or appeal details; (iv) the maximum penalty for failing to comply with the notice. (2) The compliance time must be reasonable having regard to— (a) the general emission criteria; and (b) if the emission is noise—the noise emission criteria. Subdivision 4 Compliance with nuisance abatement notices 6V Failure to comply with nuisance abatement notice A person to whom a nuisance abatement notice has been given must comply with the notice, unless the person has a reasonable excuse. Maximum penalty— (a) for an individual—40 penalty units; or (b) for a corporation—80 penalty units. Division 4 Noise offences Subdivision 1 Offences 6W Building work A builder or building contractor must not carry out building work on a building site in a way that makes or causes audible noise to be made from the building work— (a) on a Sunday or public holiday, at any time; or

s 6X 27 s 6X Environmental Protection Regulation 1998 (b) on a Saturday or business day, before 6.30a.m. or after 6.30p.m. Maximum penalty—20 penalty units. 6X Regulated devices (1) This section does not apply to a builder or building contractor who is carrying out building work on a building site. (2) A person must not operate a regulated device in a way that makes audible noise or causes audible noise to be made— (a) on a Sunday or public holiday, before 8a.m. or after 7p.m; or (b) on a Saturday or business day, before 7a.m. or after 7p.m. Maximum penalty—20 penalty units. (3) However, subsection (2) does not apply if— (a) the regulated device is a grass-cutter or leaf-blower; and (b) the person operates the device at a place as follows and is authorised by an occupier of the place to operate the device— (i) a road or route, or part of a road or route, declared under the Transport Infrastructure Act 1994 , section 24, to be a State-controlled road; (ii) a railway. (4) Also, subsection (2)(b) does not apply to audible noise made or caused to be made by the operation of a regulated device by anyone at a manual arts facility at an educational institution from 7p.m. to 10p.m. (5) In this section— grass-cutter means an electrical or mechanical device a function of which is to cut grass. Examples of a grass-cutter — • a brush cutter • an edge cutter • a lawn-mower

s 6Y 28 s 6Y Environmental Protection Regulation 1998 • a ride-on mower • a string trimmer leaf-blower means an electrical or mechanical device a function of which is to blow leaves. regulated device means any of the following— (a) a compressor; (b) a ducted vacuuming system; (c) a generator; (d) a grass-cutter; (e) an impacting tool; (f) a leaf-blower; (g) a mulcher; (h) an oxyacetylene burner; (i) an electrical, mechanical or pneumatic power tool. Examples of a power tool — • a chainsaw • a drill • an electric grinder or sander • an electric welder • a nail-gun 6Y Spa blowers and pool pumps (1) An occupier of premises at or for which there is a spa blower or a pump for a swimming pool or spa pool must not use or allow the use of the spa blower or the pump— (a) before 7a.m. or after 10p.m. on any day if it makes audible noise or causes audible noise to be made; or (b) from 7a.m. to 7p.m. on any day if it makes noise or causes noise to be made of more than 50dB(A); or (c) from 7p.m. to 10p.m. on any day if it makes noise or causes noise to be made of more than 5dB(A) above the background noise level.

s 6Z 29 s 6ZA Environmental Protection Regulation 1998 Maximum penalty—20 penalty units. (2) However, subsection (1)(a) does not apply if— (a) the audible noise is made or caused to be made at an educational institution; and (b) the noise is no more than 5dB(A) above the background noise level. 6Z Airconditioning equipment An occupier of premises at or for which there is airconditioning equipment must not use or allow the use of the equipment— (a) from 7a.m. to 10p.m. on any day if it makes noise or causes noise to be made of more than 50dB(A); or (b) before 7a.m. or after 10p.m. on any day if it makes noise or causes noise to be made of more than the higher of the following— (i) 40dB(A); (ii) 5dB(A) above the background noise level. Maximum penalty—20 penalty units. 6ZA Refrigeration equipment (1) This section applies to a person who is— (a) an occupier of premises at or for which there is plant or equipment for refrigeration ( refrigeration equipment ); or (b) an owner of refrigeration equipment that is on or in a vehicle, other than a vehicle used or to be used on a railway. (2) The person must not use or allow the use of the refrigeration equipment— (a) before 7a.m. or after 10p.m. on any day if it makes noise or causes noise to be made of more than the higher of the following— (i) 40dB(A);

s 6ZB 30 Environmental Protection Regulation 1998 s 6ZC (ii) 5dB(A) above the background noise level; or (b) from 7a.m. to 10p.m. on any day if it makes noise or causes noise to be made of more than 50dB(A). Maximum penalty—20 penalty units. (3) In this section— vehicle includes a trailer. 6ZB Indoor venues (1) An occupier of a building must not use or allow the use of the building as an indoor venue— (a) before 7a.m. on any day if the use causes audible noise; or (b) from 7a.m. to 10p.m. on any day if the use causes noise of more than 50dB(A); or (c) after 10p.m. on any day if the use causes noise of more than the lesser of the following— (i) 45dB(A); (ii) 10dB(A) above the background noise level. Maximum penalty—20 penalty units. (2) However, subsection (1)(b) does not apply if— (a) the building is, or is part of, an educational institution; and (b) the use of the building as an indoor venue is organised by or for the educational institution for its purposes. 6ZC Open-air events (1) An occupier of premises must not use or allow the use of the premises for an open-air event— (a) before 7a.m. on any day if the use causes audible noise; or (b) from 7a.m. to 10p.m. on any day if the use causes noise of more than 70dB(A); or

s 6ZD 31 Environmental Protection Regulation 1998 s 6ZD (c) after 10p.m. on any day if the use causes noise of more than the lesser of the following— (i) 50dB(A); (ii) 10dB(A) above the background noise level. Maximum penalty—20 penalty units. (2) However, subsection (1)(b) does not apply if— (a) the premises is, or is part of, an educational institution; and (b) the use of the premises for an open-air event is organised by or for the educational institution for its purposes. 6ZD Amplifier devices, other than at indoor venue or open-air event (1) This section applies to a person who operates an amplifier device, other than at an indoor venue or open-air event. (2) The person must not operate the device in a way that makes audible noise or causes audible noise to be made— (a) on a Saturday, Sunday or public holiday, before 8a.m. or after 6p.m; or (b) on a business day, before 7a.m. or after 10p.m. Maximum penalty—20 penalty units. (3) The person must not operate the device in a way that makes noise or causes noise to be made of more than 10dB(A) above the background noise level— (a) on a Saturday, Sunday or public holiday, from 8a.m. to 6p.m; or (b) on a business day, from 7a.m. to 10p.m. Maximum penalty—20 penalty units. (4) However, subsection (3) does not apply if the noise is made or caused to be made by an amplifier device operated by anyone at an educational institution. (5) In this section—

s 6ZE 32 Environmental Protection Regulation 1998 s 6ZE amplifier device means any of the following— (a) a loudhailer; (b) a megaphone; (c) a public address system, other than for a railway; (d) a remote telephone bell; (e) a telephone repeater bell. 6ZE Power boat sports in waterway (1) This section applies to a person in control of a power boat on any of the following (the waterway )— (a) a creek, river, stream or watercourse; (b) an inlet of the sea into which a creek, river, stream or watercourse flows; (c) a dam or weir. (2) The person must not use the power boat for a power boat sport if the use makes audible noise for the same affected building for more than a continuous period of 2 minutes— (a) on a Sunday or public holiday, before 8a.m. or after 6.30p.m.; or (b) on a Saturday or business day, before 7a.m. or after 7p.m. Maximum penalty—20 penalty units. (3) Also, the person must not use the power boat for a power boat sport on any day at any time if— (a) the use makes audible noise for the same affected building for more than a continuous period of 2 minutes; and (b) during the period the noise is also continuously more than 75dB(A), measured at the shore of the waterway from at least 30m from where the power boat is being used. Maximum penalty—20 penalty units. (4) In this section—

s 6ZF 33 Environmental Protection Regulation 1998 s 6ZF person in control , of a power boat, includes— (a) the driver of the boat; and (b) the person in command of the boat; and (c) the person who appears to be in control or command of the boat. power boat sport means— (a) a sport in which a person is towed by a line attached to a power boat, including, for example, a person water skiing or riding on a toboggan or tube; or (b) operating a jet ski or other power driven personal watercraft, other than for fishing. 6ZF Operating power boat engine at premises (1) A person must not at a premises operate a power boat engine in a way that makes audible noise or causes audible noise to be made— (a) on a Sunday or public holiday, before 8a.m. or after 6.30p.m; or (b) on a Saturday or business day, before 7a.m. or after 7p.m. Maximum penalty—20 penalty units. (2) An occupier of premises must not allow a power boat engine to be operated at the premises in a way that makes audible noise or causes audible noise to be made during a period mentioned in subsection (1). Maximum penalty—20 penalty units. (3) In this section— operate , a power boat engine, includes flushing the engine.

s 6ZG 34 Environmental Protection Regulation 1998 s 6ZI Subdivision 2 Exemptions 6ZG Operation of sdiv 2 (1) Each section in this subdivision provides an exemption (a noise offence exemption ) to the offences created under subdivision 1. (2) A noise offence exemption applies for— (a) a responsible person for a noise; and (b) a person who allows a noise to happen. (3) If a noise offence exemption applies, the person does not commit an offence against subdivision 1 in relation to the noise. (4) The Justices Act 1886 , section 76, 13 applies to a noise offence exemption. 6ZH Compliance with general environmental duty (1) It is a noise offence exemption if— (a) the noise happened while a lawful activity was being carried out; and (b) the general environmental duty was complied with by the person and everyone else who was in control of the cause of the noise when it happened. (2) For subsection (1)(b), the duty may be complied with in the way stated in section 319 14 of the Act or by complying with any relevant code of practice. 6ZI Lawful environmental nuisance It is a noise offence exemption if the noise was not unlawful environmental nuisance. 13 Justices Act 1886 , section 76 (Proof of negative etc.) 14 Section 319 (General environmental duty) of the Act

s 6ZJ 35 Environmental Protection Regulation 1998 s 6ZK 6ZJ Certain environmentally relevant activities It is a noise offence exemption if— (a) the noise was caused by an environmentally relevant activity; and (b) the activity was carried out under— (i) for a chapter 4 activity—a development approval or a code of environmental compliance for the activity; or (ii) for a mining or petroleum activity—an environmental authority. 6ZK Compliance with certain instruments under Act or a local law (1) It is a noise offence exemption if an instrument mentioned in section 6F or a local law provides or allows for— (a) the noise to be made or caused to be made; or (b) the carrying out of an activity in a way that makes the noise or causes it to be made. Examples of an activity — • building work • use of premises for an indoor venue or open-air event (2) However, subsection (1) does not apply if— (a) the offence for which the exemption is sought relates to making the noise or causing it to be made during a period; and (b) the instrument or local law does not provide or allow for the noise to be made or caused to be made, or for the activity to be carried out, during the period.

s 6ZL 36 Environmental Protection Regulation 1998 s 6ZM Subdivision 3 Proceedings for noise offences 6ZL Relevant nuisance complaint required for certain prosecuting parties (1) This section applies to a person as follows (the prosecutor ) if the prosecutor proposes to start a proceeding for a noise offence— (a) the administering authority; (b) the administering executive; (c) an authorised person. (2) The prosecutor must not start the proceeding unless a relevant nuisance complaint has been made for the noise the subject of the proceeding. (3) A statement in either of the following that a relevant nuisance complaint has been made is evidence that a relevant nuisance complaint has been made— (a) the complaint starting the proceeding; (b) a certificate purporting to be signed by the prosecutor or another person mentioned in subsection (1). (4) Subsection (3) does not require the statement or certificate to state any matter for the relevant nuisance complaint mentioned in section 6L(3). 15 6ZM Special evidentiary provisions for audible noise (1) This section applies if in a proceeding for a noise offence it is claimed audible noise was made or caused to be made from a person, place or thing (the alleged source ) to an affected building. 16 (2) An individual (the occupier ) who was, when the noise was made or caused to be made (the relevant time ), an occupier of the building, may give evidence that— 15 Section 6L (How nuisance complaint may be made) 16 See also section 6ZT (General evidentiary provision for emissions).

s 6ZN 37 Environmental Protection Regulation 1998 s 6ZN (a) the occupier could, at the relevant time, hear the noise at the building; and (b) the occupier formed the opinion, based on the occupier’s own senses, that the noise was made or caused to be made from the alleged source and travelled to the building. (3) An authorised person may give evidence of the following if the person was, at the relevant time, present at the building with the occupier and the person could hear the noise at the building— (a) that the occupier was, at the relevant time, an occupier of the building; (b) that the occupier could, at the relevant time, hear the noise at the building; (c) that the person formed the opinion, based on the person’s own senses, that the noise was made or caused to be made from the alleged source and travelled to the building. (4) Evidence may be given under subsection (3)— (a) without any need to call the occupier; and (b) whether or not other audible noise was made or caused to be made to the building from a person, place or thing other than the alleged source. (5) Opinion evidence may be given under this section without any need to call further opinion evidence. Division 5 Measurement of noise Subdivision 1 Preliminary 6ZN Operation of div 5 This division provides for where and how noise from a person, place or thing ( source noise ) or the background noise level is to be measured to decide whether—

s 6ZO 38 Environmental Protection Regulation 1998 s 6ZQ (a) a noise emission is unlawful environmental nuisance; or (b) source noise is a noise offence or may relate to a noise offence. 6ZO No requirement to measure audible noise (1) This section applies if in a proceeding for a noise offence it is claimed audible noise was made, caused to be made or allowed to happen. (2) Evidence mentioned in section 6ZM or 6ZT may be given about the noise without any requirement for the noise to have been measured. (3) If the noise is established as audible noise, the rate of its audibility is not required to be established. Subdivision 2 Where to measure noise 6ZP Source noise (1) This section applies for measuring source noise, other than for section 6ZE(3)(b). 17 (2) Source noise may be measured only from an affected building for the noise. (3) Any part of the building may be used for the measurement. 6ZQ Background noise level (1) Subject to subsections (3) and (4), the background noise level may be measured only from an affected building for the source noise for which the level is to be measured (the relevant noise ). (2) Any part of the building may be used for the measurement. (3) Subsection (4) applies if it is impracticable to measure the level from any affected building for the relevant noise. 17 Section 6ZE (Power boat sports in waterway)

s 6ZR 39 Environmental Protection Regulation 1998 s 6ZR Examples for subsection (3) — 1 The source of the relevant noise is a continuously running swimming pool pump. The background noise level can not be measured at all without stopping the pump. No occupier of the premises at which the pump is situated can be found after making reasonable efforts or inquiries. 2 The source of the relevant noise is a continuously running refrigerator at a retail food outlet. The background noise level can not be measured at all without stopping the refrigerator. Stopping the refrigerator may damage perishable goods inside it or unreasonably interrupt the running of the outlet. (4) If this subsection applies, the level may be measured at the nearest point to the source of the relevant noise that could reasonably be expected to have a similar background noise level to any affected building for the relevant noise. Subdivision 3 How to measure noise 6ZR Measurement procedures (1) Source noise or the background noise level may be measured only by applying— (a) the procedure under— (i) AS 1055; 18 or (ii) the ‘Noise Measurement Manual’, published by the department (the manual ); 19 or (b) another appropriate scientific method or procedure for noise measurement. (2) A copy of AS 1055 or of the manual is admissible in evidence in a proceeding under the Act. 18 See AS 1055.1, paragraph 4 (Investigation of specific environmental noise situations). 19 For other relevant provisions about measuring noise, see section 490 (Evidentiary provisions) of the Act and section 29 (Prescribed instruments—Act, s 490(8)) of the noise policy.

s 6ZS 40 Environmental Protection Regulation 1998 s 6ZT (3) The chief executive must keep a copy of the manual open for inspection by members of the public during office hours on business days at— (a) the department’s head office; 20 and (b) the other places the chief executive considers appropriate. 6ZS Measurement of noises of same type from same premises If 2 or more noises of the same type happen simultaneously at the same premises, they must be measured as if they are 1 noise of that type happening at the premises. Examples — 1 A 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 must be measured as if they were from 1 concert. 2 A 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 must be measured as if they were from 1 refrigerator. Division 6 Miscellaneous 6ZT General evidentiary provision for emissions (1) This section applies to a proceeding for an offence against this part in which it is claimed an emission was made or caused to be made from a person, place or thing (the alleged source ). 21 (2) An authorised person may give evidence that the person formed the opinion, based on the person’s own senses, that— (a) the emission was emitted from the alleged source and travelled to another place; and 20 The department’s head office is at 160 Ann Street, Brisbane. 21 See also section 6ZM (Special evidentiary provisions for audible noise).

s 6ZU 41 Environmental Protection Regulation 1998 s 38A (b) the level, nature or extent of the emission within the other place was an unreasonable interference with someone’s enjoyment of the other place or with another environmental value. (3) Evidence may be given under subsection (2) whether or not another emission was made or caused to be made to the other place from a person, place or thing other than the alleged source. (4) The evidence may be given without any need to call further opinion evidence. 6ZU Dispute resolution by agreement not affected This part does not— (a) limit the capacity of persons to negotiate, under the Dispute Resolution Centres Act 1990 or otherwise, a settlement of the subject matter of a nuisance complaint; or (b) prevent the administering authority making guidelines to help persons negotiate a settlement of a nuisance complaint. Part 3A National pollutant inventory Division 1 Preliminary Subdivision 1 General 38A Purpose of pt 3A The purpose of this part is to give effect to, and enforce compliance with, the National Environment Protection (National Pollutant Inventory) Measure made under the

s 38B 42 Environmental Protection Regulation 1998 s 38B National Environment Protection Council Act 1994 (Cwlth), section 14. 22 Subdivision 2 Interpretation 38B Definitions for pt 3A In this part— emission , for a substance, see section 38C. emission data , for a substance, means an estimate of the amount of the substance emitted in a reporting period that identifies— (a) the medium to which the substance was discharged, including, for example, air, land and water; and (b) the estimation technique used. estimation technique means a method of estimating the amount of a substance emitted to the environment. facility see section 38D. industry handbook , for a facility, means an industry handbook published under the NPIM. 23 NPIM means the National Environment Protection (National Pollutant Inventory) Measure made under the National Environment Protection Council Act 1994 (Cwlth), section 14. occupier , of a facility, means the person in occupation or control of the facility, whether or not the person owns the facility. offshore facility see section 38E. published means published by the Commonwealth. 22 National Environment Protection Council Act 1994 (Cwlth), section 14 (Council may make national environment protection measures) 23 Publication of the handbooks is notified in the Commonwealth Government Notices Gazette.

s 38C 43 Environmental Protection Regulation 1998 s 38D reporting facility means a facility the occupier of which is required to give information to the chief executive under section 38H. reporting period , for a facility, means the facility’s reporting period under section 38J. reporting requirement , for an occupier, means the requirement for the occupier to give information to the chief executive under section 38H(3). substance see section 38F. 38C Meaning of emission of a substance (1) Emission of a substance is the substance’s emission to the environment— (a) whether in pure form or contained in other matter; and (b) whether as a gas, liquid or solid. (2) Emission of a substance includes its emission from a landfill, sewage treatment plant or tailings dam. (3) However, emission of a substance does not include its— (a) release into a landfill, sewer or tailings dam; or (b) removal from a facility for destroying, treating, recycling, reprocessing, recovering or purifying the substance. 38D Meaning of facility (1) A facility is— (a) a building or land from which a substance may be emitted; or (b) an appliance, equipment item, implement, machine, plant item, tool or other item used for an activity carried out at the facility. (2) A facility includes an offshore facility.

s 38E 44 Environmental Protection Regulation 1998 s 38H 38E Meaning of offshore facility (1) An offshore facility is a structure or vessel located in an adjacent area for the State under the Petroleum (Submerged Lands) Act 1967 (Cwlth) that— (a) is used or constructed for recovering petroleum, including natural gas; or (b) carries, contains or includes equipment for drilling, or carrying out another operation for a well, from the structure or vessel. (2) An offshore facility includes a combination of 2 or more related offshore facilities. (3) However, an offshore facility does not include a vessel engaged merely in site surveys or investigations to a seabed depth of not more than 100 metres. 38F Meaning of substance (1) A substance is a substance mentioned in the NPIM, schedule A, table 1 or 2, column 1. (2) However, for a reporting period, a substance mentioned in the NPIM, schedule A, table 1 or 2, column 1, is a substance only if it is a substance under the NPIM for the reporting period. 38G General Unless this regulation provides otherwise, expressions used in it that are defined under the NPIM have the meaning given to them under the NPIM. Division 2 Collecting data for the national pollutant inventory 38H Occupiers of reporting facilities to give information (1) This section applies to an occupier of a facility that, under section 38I, exceeds the reporting threshold for a substance in the facility’s reporting period.

s 38H 45 Environmental Protection Regulation 1998 s 38H (2) However, this section applies only if an industry handbook for the facility is published at least 3 months before the period ends. (3) Subject to sections 38O and 38Q, 24 the occupier must give the following information to the chief executive within 3 months after the period ends— (a) the occupier’s— (i) name or any other relevant identification, including any name changes in the preceding financial year; and (ii) Australian Company Number (ACN), if applicable; and (iii) postal address; and (iv) contact phone number for public enquiries; (b) the facility’s— (i) street address; and (ii) main activity; (c) for each substance for which the reporting threshold is exceeded in the period— (i) the substance’s name and chemical abstract series registered number, if any; and (ii) emission data; (d) any further information required to assess the integrity of the emission data and stated in the industry handbook for the facility or reasonably requested, by written notice given to the occupier, by the chief executive. (4) The notice must state— (a) why the further information is required; and (b) the review or appeal details for the decision to issue the notice. 24 Sections 38O (Exemption on ground of national security) and 38Q (Deciding claim for exemption on ground of commercial confidentiality)

s 38I 46 Environmental Protection Regulation 1998 s 38I (5) The information must be accompanied by a statement, signed by or for the occupier, that the occupier exercised care in obtaining and giving the information. (6) In this section— facility does not include the following— (a) a mobile emission source, including, for example, an aircraft in flight or a ship at sea, operating outside the boundaries of a fixed facility; (b) a petroleum retailing facility, or part of a petroleum retailing facility, engaged in selling fuel by retail; (c) a dry-cleaning facility employing less than 20 persons; (d) a scrap metal handling facility trading in metal and not engaged in battery reprocessing or metal smelting; (e) a facility, or part of a facility, engaged solely in agricultural production, unless it is engaged in— (i) processing agricultural produce; or (ii) intensive livestock production, including, for example a cattle feedlot or piggery. Examples of agricultural production for paragraph (e) — aquaculture, horticulture, livestock raising and tree growing 38I Exceeding reporting threshold (1) The facility exceeds the reporting threshold for a substance in its reporting period if— (a) for a category 1 substance, its activities involve using 10t or more of the substance in the period; or (b) for a category 1a substance— (i) its activities involve using 25t or more of the substance in the period; and (ii) for a bulk storage facility, its design capacity also exceeds 25kt; or (c) for a category 2a substance, its activities involve burning—

s 38I 47 Environmental Protection Regulation 1998 s 38I (i) 400t or more of fuel or waste in the period; or (ii) 1t or more of fuel or waste in any hour in the period; or (d) for a category 2b substance— (i) its activities involve— (A) burning 2000t or more of fuel or waste in the period; or (B) consuming 60000MW hours or more of energy in the period; or (ii) its maximum potential power consumption at any time in the period is rated at 20MW or more; or (e) for a category 3 substance, its activities involve emitting to water, other than groundwater, the scheduled amount, or more, of the substance in the period. (2) Subsection (1)(a) or (b) does not apply to using a substance— (a) already permanently incorporated in an article in a way not leading to its emission to the environment; or (b) if it is an article for sale or use and is handled in a way not leading to its emission to the environment. Example for subsection (2)(a) — an alloy component of metal in a machine (3) In working out the amount of a substance used for subsection (1)(a) or (b), the occupier is not required to include an amount that is in a proprietary mixture or any other material unless— (a) for a proprietary mixture—the substance is specified in a material safety data sheet describing the substance’s properties and use, or the manufacturer’s advice; and (b) for any other material—the occupier could reasonably be expected to know the substance is in the material. (4) In this section— article means a manufactured item formed to a specific shape or design during manufacture.

s 38J 48 Environmental Protection Regulation 1998 s 38J category 1 substance means a substance for which a threshold category of 1 is stated in the NPIM, schedule A, table 1 or 2, column 3. category 1a substance means a substance for which a threshold category of 1a is stated in the NPIM, schedule A, table 1 or 2, column 3. category 2a substance means a substance for which a threshold category of 2a is stated in the NPIM, schedule A, table 1 or 2, column 3. category 2b substance means a substance for which a threshold category of 2b is stated in the NPIM, schedule A, table 1 or 2, column 3. category 3 substance means a substance for which a threshold category of 3 is stated in the NPIM, schedule A, table 1 or 2, column 3. scheduled amount , of a substance, means the amount mentioned in the NPIM, schedule A, table 1 or 2, column 4, for the substance. using , a substance, means handling, manufacturing, importing or processing it or producing it as a waste or by-product of an activity or process. 38J Reporting period for facility (1) The reporting period for the facility is— (a) a financial year; or (b) if the chief executive decides the occupier is required, under section 316 25 of the Act, to give the chief executive data similar to emission data on the basis of a different annual reporting period, the different annual reporting period. (2) The chief executive may make a decision under subsection (1)(b) on the chief executive’s own initiative or on a written application made to the chief executive by the occupier. 25 Section 316 (Annual fee and return) of the Act

s 38K 49 Environmental Protection Regulation 1998 s 38K (3) Immediately after making the decision, the chief executive must give the occupier written notice of it. (4) If the chief executive refuses the occupier’s application, the notice must be an information notice about the decision to refuse the application. (5) If the chief executive fails to give the occupier a notice about the chief executive’s decision on an application made by the occupier under subsection (2) 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. (6) Despite subsection (1), the first reporting period for a new reporting facility is the period— (a) starting on the first day of the third month after the industry handbook for the facility is published; and (b) ending at the end of— (i) the financial year in which the handbook is published; or (ii) if subsection (1)(b) applies to the facility, the annual reporting period mentioned in the subsection. (7) In this section— new reporting facility means a facility for which an industry handbook is published— (a) after 1 July 1998; and (b) at least 3 months before the end of the facility’s reporting period mentioned in subsection (1). 38K Estimation technique for emission data The occupier of a facility must use 1 of the following estimation techniques for emission data— (a) the estimation technique set out in the industry handbook for the facility; (b) another estimation technique approved by the chief executive for the facility.

s 38L 50 Environmental Protection Regulation 1998 s 38M 38L Application for approval of estimation technique (1) The occupier of a facility may apply to the chief executive for approval of an estimation technique for emission data. (2) The application must be in writing, setting out the technique for which approval is sought and giving the information necessary to enable the chief executive to decide the application. (3) The chief executive may, by written notice given to the occupier, ask the occupier to give to the chief executive, in the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the application. (4) The notice must be accompanied by, or include, an information notice about the chief executive’s decision to make the request. 38M Approving estimation technique (1) The chief executive may approve the estimation technique, or approve it subject to a modification decided by the chief executive. (2) In deciding whether to approve the estimation technique, or approve it subject to a modification, the chief executive must have regard to the accuracy of the technique compared with the accuracy of estimation techniques in the handbook. (3) The chief executive may refuse to approve the technique if the chief executive has given the occupier a notice under section 38L(3) asking for further information and the occupier does not comply with the request in the period stated in the notice. (4) Immediately after making a decision under this section, the chief executive must give the occupier written notice of 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 technique, or approves it subject to a modification, the notice must be an information notice about the decision to refuse the approval or give it subject to the modification.

s 38N 51 Environmental Protection Regulation 1998 s 38O (7) Subsection (8) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision on an application made by the occupier under section 38L— (a) within 40 days after the application is made; or (b) if the occupier gave the chief executive further information under section 38L(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 technique at the end of the relevant 40 days. 38N Occupier must keep particular data for 3 years (1) The occupier of a facility must keep the data used in deciding if the reporting threshold for a substance is exceeded in the reporting period for the occupier’s facility for 3 years after the reporting period ends. Maximum penalty—20 penalty units. (2) The occupier must keep the data used in calculating emission data given to the chief executive for 3 years after the emission data is required to be given. Maximum penalty—20 penalty units. 38O Exemption 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 the NPIM that information required to be given by the occupier under section 38H(3) 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 information to the chief executive.

s 38P 52 Environmental Protection Regulation 1998 s 38Q (2) Subject to subsection (3), the occupier is exempted from giving the information to the chief executive. (3) If the exemption is given under subsection (1)(b)(ii) and the Commonwealth refuses the claim after the occupier is required to give the information to the chief executive, the occupier must give the information to the chief executive within 3 months after receiving notice of the Commonwealth’s decision to refuse the claim. 38P Claiming exemption on ground of commercial confidentiality (1) The occupier of a facility may, by written notice given to the chief executive, claim information required to be given by the occupier under section 38H(3) 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 given 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, or include, an information notice about the chief executive’s decision to make the request. 38Q Deciding 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 exempt matter under the Freedom of Information Act 1992 , section 45. 26 (2) If the chief executive grants the claim, the occupier is exempted from giving the information to the chief executive. 26 Freedom of Information Act 1992 , section 45 (Matter relating to trade secrets, business affairs and research)

s 38R 53 Environmental Protection Regulation 1998 s 38S (3) The chief executive may refuse to grant the claim if the chief executive has given the occupier a notice under section 38O(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 grant. (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 38P(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. Division 3 Giving information to Commonwealth 38R Chief executive to give information to Commonwealth (1) This section applies to information given to the chief executive under section 38H by 30 September in a year. (2) The chief executive must ensure the information is given to the Commonwealth under the NPIM by 30 November in the year. Division 4 Enforcement provisions 38S Noncompliance with reporting requirement (1) The occupier of a reporting facility must comply with the

s 38T 54 Environmental Protection Regulation 1998 s 38T occupier’s reporting requirement, unless the occupier has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply to the occupier’s reporting requirement— (a) for the period 1 July 1998 to 30 June 2000; and (b) for substances mentioned in the NPIM, schedule A, table 2 and not mentioned in that schedule, table 1—for the first financial year in which an occupier must give the chief executive information about the substances under section 38H(3). 38T Minister may name occupier in report to council (1) This section applies to the occupier of a facility who the Minister is satisfied has failed to comply with section 38S. (2) If the Minister is satisfied it is appropriate in the circumstances, the Minister may, in the Minister’s report to the council under the National Environment Protection Council (Queensland) Act 1994 , section 23, 27 name the occupier as a person who the Minister is satisfied has failed to comply with section 38S. (3) In deciding whether it is appropriate in the circumstances to name an occupier in the report, the Minister must have regard to the following relevant matters— (a) any mitigating or aggravating circumstances; (b) whether the occupier has previously failed to comply with the section and any action taken against the occupier for the noncompliance; (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— 27 National Environment Protection Council (Queensland) Act 1994 , section 23 (Report by Minister on implementation and effectiveness of measures)

s 38U 55 Environmental Protection Regulation 1998 s 38V (a) that the Minister proposes naming the occupier in the report as a person who the Minister is satisfied has failed to comply with section 38S; (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 believes 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 report as a person who the Minister is satisfied has failed to comply with section 38S, and the reasons for the decision; (b) the review or appeal details for the decision. Division 5 Miscellaneous 38U Industry handbooks A person may, free of charge, inspect or obtain a copy of an industry handbook at the department’s head office 28 when it is open to the public. 38V Information not to be used as evidence Information given by the occupier of a reporting facility under this part is not admissible in evidence in proceedings against 28 The department’s head office is at 160 Ann Street, Brisbane.

s 38ZI 56 Environmental Protection Regulation 1998 s 38ZJ the occupier, other than for an offence against section 480 or 481 29 of the Act. Part 3C Quality standards for petrol and diesel Division 1 Preliminary Subdivision 1 General 38ZI Purpose of pt 3C The purpose of this part is to provide for quality standards for petrol and diesel to reduce emission of contaminants into Queensland’s air environment. Subdivision 2 Definitions 38ZJ Definitions for pt 3C In this part— ASTM means an American Society for Testing and Materials standard. distribute means sell in the State. ETBE means ethyl tertiary-butyl ether. import means bring into the State for distribution. low volatility zone means the area consisting of— (a) the Beaudesert, Boonah, Caboolture, Caloundra, Esk, Gatton, Gold Coast, Ipswich, Kilcoy, Laidley, Logan, 29 Section 480 (False, misleading or incomplete documents) or 481 (False or misleading information) of the Act

s 38ZK 57 Environmental Protection Regulation 1998 s 38ZK Maroochy, Pine Rivers, Redcliffe, Redland and Toowoomba local government areas; and (b) the area of the City of Brisbane. manufacture , for petrol or diesel, includes blend, treat and add additives to the petrol or diesel. MTBE means methyl tertiary-butyl ether. Reid vapour pressure , of petrol, means the petrol’s volatility at 37.8ºC measured using— (a) the testing method under ASTM D323-99a; 30 or (b) another method that measures volatility at least as accurately as the method mentioned in paragraph (a). summer period means the period starting on 15 November in a year and ending on 15 March in the following year. TAME means tertiary-amyl methyl ether. Division 2 Permitted concentrations of particular chemicals 38ZK Permitted concentration of ethers and benzene (1) A person who manufactures or imports petrol must not distribute the petrol if it has an ETBE, MTBE or TAME content of more than 1% by volume. Maximum penalty—165 penalty units. (2) The person must also ensure— (a) the volumetric average benzene content of the petrol distributed by the person in any 6 months is no more than 3.5% by volume; or 30 ASTM D323-99a Standard test method for vapor pressure of petroleum products (Reid method)

s 38ZL 58 Environmental Protection Regulation 1998 s 38ZO (b) the volumetric average benzene content of any 6 consecutive batches of the petrol distributed by the person is no more than 3.5% by volume. Maximum penalty—165 penalty units. 38ZL Permitted concentration of sulfur (1) A person who manufactures or imports diesel must not distribute the diesel if it has a sulfur content of more than 500mg/kg. Maximum penalty—165 penalty units. (2) This section does not apply to the distribution of diesel for use in a boat used at sea. 38ZM Permitted concentration of lead (1) A person who manufactures or imports petrol must not distribute the petrol if it has a lead content of more than 0.013g/L. Maximum penalty—165 penalty units. (2) This section does not apply to the distribution of petrol for use in— (a) an aircraft; or (b) a motor vehicle used solely for motor racing on a racing circuit or track under a registration certificate for the activity. Division 3 Reid vapour pressure of petrol 38ZO Permitted Reid vapour pressure—after 15 November 2002 (1) This section applies to a person who manufactures or imports petrol in a summer period starting on or after 15 November 2002. (2) The person must not distribute the petrol in the low volatility zone in the summer period if the Reid vapour pressure of the petrol is more than—

s 38ZP 59 Environmental Protection Regulation 1998 s 38ZQ (a) for petrol with an ethanol content of more than 9 but not more than 10% by volume—76kPa; or (b) for other petrol—69kPa. Maximum penalty—165 penalty units. (3) The person must ensure the volumetric monthly average Reid vapour pressure of the petrol distributed by the person in the low volatility zone in the summer period is no more than— (a) for petrol with an ethanol content of more than 9 but not more than 10% by volume—74kPa; or (b) for other petrol—67kPa. Maximum penalty—165 penalty units. (4) For working out the volumetric monthly average Reid vapour pressure of petrol mentioned in subsection (3)— (a) for petrol with an ethanol content of more than 9 but not more than 10% by volume—petrol with a Reid vapour pressure of less than 72kPa is taken to have a Reid vapour pressure of 72kPa; or (b) for other petrol—petrol with a Reid vapour pressure of less than 65kPa is taken to have a Reid vapour pressure of 65kPa. Division 4 Exemptions 38ZP Applications (1) A person may apply to the chief executive to exempt the person from complying with a provision of division 2 or 3. (2) The application must contain the information necessary to enable the chief executive to decide the application. 38ZQ Additional information for applications (1) The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information or documents about the application by the reasonable date stated in the notice.

s 38ZR 60 Environmental Protection Regulation 1998 s 38ZS (2) The notice must be accompanied by, or include, an information notice about the chief executive’s decision to make the request. (3) The chief executive may refuse the application if the applicant does not give the chief executive the further information or documents by the stated day, without reasonable excuse. 38ZR Deciding applications (1) The chief executive must consider the application and either give the exemption, with or without conditions, or refuse the application. (2) The chief executive may give an exemption only if satisfied— (a) the exemption is necessary— (i) to prevent a significant disruption to the supply of petrol or diesel in the State or a part of the State; or (ii) to allow the applicant to distribute petrol or diesel in the State or a part of the State; and (b) the applicant has no reasonable way of complying with the provision; and (c) the exemption is in the public interest. (3) Without limiting subsection (1), a condition may be about how the applicant must prevent or minimise environmental harm that may be caused if the exemption is given. 38ZS Giving exemptions (1) If the chief executive decides to give the exemption, the chief executive must give the applicant a written notice stating— (a) the person to whom the exemption is given; and (b) the provision from which the person is exempted; and (c) the term for which the exemption is given. (2) If the chief executive decides to impose conditions on the exemption, the notice must be accompanied by, or include, an information notice about the decision to impose the conditions.

s 38ZT 61 Environmental Protection Regulation 1998 s 38ZU (3) An exemption given with conditions operates only if the conditions are complied with. 38ZT Refusing applications If the chief executive decides to refuse the application the chief executive must, within 7 days after making the decision, give the applicant an information notice about the decision. Division 5 Record keeping 38ZU Record keeping requirements (1) A person who manufactures or imports petrol and distributes it must keep the following information— (a) the volume of petrol distributed; (b) the ethanol, ETBE, MTBE, TAME, benzene and lead content of petrol distributed; (c) the Reid vapour pressure, and the volumetric monthly average Reid vapour pressure, of both of the following— (i) petrol with an ethanol content of more than 9 but not more than 10% by volume distributed in the low volatility zone in each summer period; (ii) other petrol distributed in the low volatility zone in each summer period. Maximum penalty—50 penalty units. (2) A person who manufactures or imports diesel and distributes it must keep information about the sulfur content of the diesel distributed. Maximum penalty—50 penalty units. (3) A person mentioned in subsection (1) or (2) must, unless the person has a reasonable excuse, keep the information for at least 3 years after the day the petrol or diesel is distributed. Maximum penalty—50 penalty units.

s 39 62 s 40 Environmental Protection Regulation 1998 Part 4 Administration Division 1 Devolutions 39 Devolution of powers—environmentally relevant activities (1) The administration and enforcement of the Act in relation to an environmentally relevant activity mentioned in the following items of schedule 1 are devolved to the local government for the area where the activity is, or is to be, carried out— • items 4, 11(a), 14, 20(a), 22(a), 23, 24, 25(a) and (b), 26 to 28, 43, 47, 51, 52, 59, 62, 65(a), 68 to 70, 73 and 76(a) and (b). (2) However, the administration and enforcement of the Act in relation to an activity carried out, or to be carried out, at a place in a local government area is not devolved to the local government for the area if— (a) the activity includes carrying out another activity at the same place; and (b) the administration and enforcement of the Act for the other activity is not devolved to the local government. (3) Also, subsection (1) does not apply to the following— (a) an activity carried out, or to be carried out, by a local government or the State; (b) a mobile and temporary environmentally relevant activity carried out, or to be carried out, by a person in more than 1 local government area. (4) To remove any doubt, it is declared that the administration and enforcement of parts 3 and 3A are not devolved to a local government, regardless of whether an activity dealt with in the parts is an environmentally relevant activity. 40 Devolution of powers—other activities The administration and enforcement of the Act in relation to an activity that—

s 40A 63 Environmental Protection Regulation 1998 s 40B (a) would, apart from section 4(2), be an environmentally relevant activity; and (b) would have been devolved to local government under section 39; are devolved to the local government for the area where the activity is carried out. 40A Devolution of Act includes statutory instruments under Act To remove any doubt, it is declared that the devolution, under section 39(1) or section 40, of the administration and enforcement of the Act to a local government in relation to an activity includes the administration and enforcement of statutory instruments made under the Act in relation to the activity. 40B Devolution of powers—residential land (1) The administration and enforcement of part 2A in relation to any emission from residential land is devolved to the relevant local government. (2) In this section— relevant building means— (a) a class 1, 3 or 10 building under the Building Code of Australia; or (b) a class 2 building under the code if the building has less than 10 storeys. residential land means— (a) the part of a lot of land on which a relevant building is constructed and any other part of the lot that— (i) is adjacent to the building; and (ii) has an area of no more than 1000m 2 ; or (b) vacant land not used for agriculture on which a relevant building may lawfully be constructed.

s 44 64 s 44A Environmental Protection Regulation 1998 Division 3 Fees Subdivision 1 Preliminary 44 Definitions for div 3 In this division— anniversary changeover application , for a registration certificate or environmental authority, means an application under section 318A 31 of the Act to change the anniversary day for the registration certificate or environmental authority. interim year see section 318B(1)(a) 32 of the Act. prescribed authority means any of the following— (a) a registration certificate; (b) an environmental authority; (c) a development approval; (d) an integrated authority. Subdivision 2 Fees for prescribed authorities 44A Fees for prescribed authorities (1) The following fees are prescribed for prescribed authorities— (a) for a registration certificate, each of the following— (i) the fees stated in schedule 6, part 1, division 1; (ii) the fee under section 44AA for an anniversary changeover application; (iii) the fee under section 51A for late payment of an annual fee; 31 Section 318A (Changing anniversary day) of the Act 32 Section 318B (Special provisions for changeover in anniversary day) of the Act

s 44A 65 Environmental Protection Regulation 1998 s 44A (b) for a development approval for a chapter 4 activity—the fees stated in schedule 6, part 1, division 2; (c) for an environmental authority (petroleum activities), each of the following— (i) the fees stated in schedule 6, part 1A; (ii) the fee under section 44C for an anniversary changeover application; (iii) the fee under section 51A for late payment of an annual fee; (d) for an environmental authority (mining activities), each of the following— (i) the fees stated in schedule 6, part 2; (ii) the fee under section 44C for an anniversary changeover application; (iii) the fee under section 51A for late payment of an annual fee. (2) However, subsection (1)(a) or (b) does not apply if— (a) the registration certificate or development approval relates to a devolved activity; and (b) the local government to which the fee for the registration certificate or development approval is payable has made a resolution or local law prescribing a different fee for the registration certificate or development approval, whether higher or lower than the fee prescribed under subsection (1)(a) or (b). (3) If subsection (1)(a) or (b) does not apply, the fee payable for the registration certificate or development approval is the fee prescribed by the resolution or local law. (4) Also, no fee is payable by an administering authority for a prescribed authority relating to an environmentally relevant activity if the environmentally relevant activity is administered by the authority.

s 44AA 66 Environmental Protection Regulation 1998 s 44AB Subdivision 2A Additional fee provisions for registration certificates 44AA Fee for anniversary changeover application The fee payable for an anniversary changeover application for a registration certificate must be worked out using the following formula— A = 175. 00 + ⎝⎛ 3 --- B - 6 --- 5 - × D ⎠⎞ where— A is the amount of the fee for the anniversary changeover application. B is the prescribed annual fee amount for a registration certificate for the chapter 4 activities to which the application relates. D is the number of days in the interim year. 44AB Application fee not payable if prior application for development approval made (1) This section applies if— (a) before starting to carry out a chapter 4 activity (the development approval activity ), a person applies for a development approval for development for the activity; and (b) the person applies for a registration certificate for the activity— (i) before the development application is approved; or (ii) within 10 business days after the development application is approved. (2) The application fee provided for under this regulation for the registration certificate is not payable. (3) Subsection (4) applies if—

s 44AC 67 Environmental Protection Regulation 1998 s 44C (a) the application for the registration certificate also includes an activity (the code activity ) to which a code of environmental compliance applies; and (b) the annual fee component of the application fee for the code activity is higher than the annual fee component of the application fee for the development approval activity. (4) Despite subsection (2), an application fee for the registration certificate is payable in an amount equivalent to the difference between the annual fee component for the code activity and the annual fee component for the development approval activity. 44AC Refund of annual fee component of application fee (1) This section applies if— (a) an administering authority refuses an application for a registration certificate for 1 or more chapter 4 activities, other than continuing chapter 4 activities; and (b) no registration certificate is granted for any of the activities. (2) The administering authority must refund to the applicant the annual fee component of the application fee paid by the applicant. Subdivision 2B Additional fee provisions for environmental authorities 44C Fee for anniversary changeover applications The fee payable for an anniversary changeover application must be worked out using the following formula— CF = 175. 00 + ⎛⎝ 3 - A --- 6 -- F - 5 - × D ⎞⎠ where— CF is the amount of the fee for the anniversary changeover application.

s 45 68 s 45A Environmental Protection Regulation 1998 AF is an amount equal to the annual fee payable for an environmental authority of the type to which the anniversary changeover application relates. D is the number of days in the interim year. 45 Refund of annual fee component if environmental authority refused If an administering authority refuses an environmental authority application, it must refund to the applicant the annual fee component of the application fee paid by the applicant. 45A Refund of annual fee if replacement environmental authority issued (1) This section applies if— (a) a person holds an environmental authority (the replaced authority ); and (b) the person has paid an annual or application fee for the replaced authority; and (c) the administering authority issues a replacement environmental authority (the replacement authority ) for the replaced authority; and (d) the replacement authority is issued before the day that, other than for the replacement, would have been the next anniversary day for the replaced authority after the payment. (2) The administering authority must refund the amount worked out by using the following formula— AR = FP x - 3 -- D - 6 --- 5 - where— AR is the amount of the refund. FP is the amount of the annual fee, or annual fee component of the application fee, paid by the person.

s 46 69 s 48C Environmental Protection Regulation 1998 D is the number of days from the day the replacement authority is issued to the next anniversary day for the replaced authority. 46 Credit for environmental authority amendment applications (1) This section applies if— (a) the fee under schedule 6 is paid for an amendment application for an environmental authority; and (b) the application is granted; and (c) the amendment takes effect. (2) The administering authority must credit for the payment of the next anniversary fee for the environmental authority an amount worked out by using the following formula— AC = D1 × FAA ⁄ 365 + D2 × FPP ⁄ 365 where— AC is the amount of the credit. D1 is the number of days from the previous anniversary day for the environmental authority to the day the amendment takes effect. FAA is the annual fee component of the application fee. D2 is the number of days from the day the amendment takes effect to the next anniversary day. FPP is the amount of the last annual fee paid for the environmental authority before the day the amendment takes effect. Subdivision 4 Waiver of fees 48C Definitions for sdiv 4 In this subdivision— activity means—

s 49 70 s 50 Environmental Protection Regulation 1998 (a) for a registration certificate—the chapter 4 activity under the registration certificate for which the waiver application is made; or (b) for an environmental authority—the environmentally relevant activity under the environmental authority for which the waiver application is made. relevant authority means a prescribed authority other than a development approval. 49 Application for waiver of fee (1) A person may apply to the administering authority (a waiver application ) for it to waive, wholly or partly, payment by the person of— (a) an application fee for a relevant authority; or (b) an annual fee for a relevant authority. (2) However, a waiver application may be made only at the following time— (a) for an application fee—when the application for the relevant authority is made; (b) for an annual fee—within the time for payment of the fee stated in an annual notice given to the person under section 316 of the Act. (3) If a waiver application is made for an application fee, the annual fee component of the application fee is not required to accompany the application for the relevant authority. (4) The grant of a waiver application for an annual fee is a prescribed circumstance for sections 316(3)(b) and 601(2)(a) 33 of the Act. 50 Criteria for deciding waiver application (1) The administering authority may waive payment of an amount of a fee only if it is satisfied— 33 Sections 316 (Annual fee and return) and 601 (Annual fee and return for first year of transitional period) of the Act

s 50 71 s 50 Environmental Protection Regulation 1998 (a) payment of the amount would cause the applicant financial hardship; or (b) the applicant holds a concurrent authority for the activity; or (c) the risk of material or serious environmental harm from the activity is significantly smaller than the risk associated with most other activities of its type; or (d) the risk of environmental harm or environmental nuisance from the activity is insignificant. (2) In deciding whether to waive payment under subsection (1)(b), the administering authority must consider the extent to which— (a) the activity’s effects on environmental values were considered in deciding whether to issue the concurrent authority; and (b) the activity is controlled under the Act under which the concurrent authority was issued. (3) In deciding whether to waive payment under subsection (1)(c) or (d), the administering authority must consider the following— (a) the matters it must consider if it were deciding whether to grant an application for the relevant authority for which the waiver application is made; (b) any relevant approved code of practice; (c) any relevant cleaner production techniques; (d) any relevant waste minimisation practices; (e) whether the activity is, or will be, carried out under a transitional environmental program; (f) any contingency plans to manage abnormal or emergency situations that may arise in carrying out the activity. (4) Also, the administering authority may waive payment of an amount of a fee only if—

s 51 72 s 51 Environmental Protection Regulation 1998 (a) the administering authority is satisfied the activity is being, or will be, carried out in a way that complies with— (i) if the relevant authority is a registration certificate—the development conditions of the development approval for the activity or the standard environmental conditions of the code of environmental compliance for the activity; or (ii) if the relevant authority is an environmental authority—the authority; and (b) for waiving payment, under subsection (1)(c) or (d), of an annual fee for a registration certificate—the applicant has started to carry out the activity when the application is made. (5) In this section— concurrent authority , for an activity, means an authority (however described) issued under another Act to carry out the activity after a consideration of the activity’s effects on 1 or more environmental values. 51 Effect of decision on waiver application (1) If the decision on a waiver application is to waive payment of an amount paid by the applicant, the administering authority must repay the amount to the applicant. (2) If the decision on a waiver application is to refuse the waiver applied for, or to only partly waive the relevant payment, the administering authority must— (a) fix a due day for payment of the fee; and (b) give the applicant an information notice about the decision. (3) The information notice must state— (a) the due day; or (b) the outstanding amount of the fee. (4) The due day must be at least 14 days after the giving of the notice.

s 51A 73 Environmental Protection Regulation 1998 s 52 Subdivision 5 Other fees 51A Fee for late payment of annual fee (1) This section applies if— (a) a registered operator or a holder of an environmental authority has not paid an annual fee or part of an annual fee for the registration certificate or authority— (i) on or before the anniversary day for the registration certificate or authority; or (ii) if a waiver application for the annual fee was made and has, under section 51, been refused or only partly waived—on or before the due day fixed, under section 51(2), for payment of the outstanding amount of the fee; and (b) a waiver application has not been granted for the annual fee or part of the fee. (2) The administering authority must give the operator or holder a reminder notice that— (a) informs the operator or holder that the operator or holder has not paid the annual fee or part of the fee; and (b) states a day (the due day ) by which the operator or holder must pay— (i) the annual fee or part of the fee; and (ii) a late payment fee of $56.90. (3) The due day must be at least 14 days after the giving of the notice. 51B Fees for contaminated land The fees payable for contaminated land are stated in schedule 6, part 3. 52 Fees for transitional environmental programs (1) The fee for an administering authority’s consideration of a draft transitional environmental program is the amount that—

s 53 74 s 55 Environmental Protection Regulation 1998 (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. (2) The holder of an approval of a transitional environmental program must pay to 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. Division 4 Registers 53 Register of environmental authorities An administering authority must record the industry code for the environmentally relevant activity carried out under each environmental authority in its register of environmental authorities. 54 Register of registration certificates An administering authority must record the industry code for the chapter 4 activity carried out under each registration certificate in its register of registration certificates. 55 Register of environmental reports An administering authority must record the following details in its register of environmental reports for each environmental evaluation conducted or commissioned by it— (a) recipient’s name; (b) type of the evaluation; (c) date of issue of the notice requiring the evaluation;

s 56 75 s 56 Environmental Protection Regulation 1998 (d) if it is an evaluation of an activity the recipient has carried out, is carrying out or is proposing to carry out— (i) type of activity; and (ii) if the activity is an environmentally relevant activity—the environmental authority number or registration certificate number for the activity; and (iii) industry code for the activity; and (iv) address or description of the place where the activity has been carried out, is being carried out or is proposed to be carried out; (e) if it is an evaluation of an event—its nature and where it happened; (f) name of auditor or investigator; (g) date of submission of the report; (h) authority’s decision on the report; (i) action taken by authority after deciding whether or not to accept the report. 56 Register of monitoring program results An administering authority must record the following details in its register of results of monitoring programs for each program carried out under the Act— (a) name of person carrying out the activity to which the program relates; (b) type of the activity; (c) if the activity is an environmentally relevant activity—the environmental authority number or registration certificate number for the activity; (d) requirement for the program; (e) monitoring requirements of the program; (f) name of person carrying out the program; (g) period covered by the program;

s 57 76 s 58 Environmental Protection Regulation 1998 (h) action taken by the authority because of results of the program. 57 Register of transitional environmental programs (1) An administering authority must record the following details in its register of transitional environmental programs for each program— (a) name of person or public authority submitting or required to submit program; (b) type of activity the recipient has carried out, is carrying out or is proposing to carry out for which the program is required or submitted; (c) if the activity is an environmentally relevant activity—the environmental authority number or registration certificate number for the activity; (d) industry code for the activity; (e) address or description of the place where the activity has been carried out, is being carried out or is proposed to be carried out; (f) requirement for the program; (g) aim of the program; (h) matters to be addressed by the program; (i) period over which the program is to be carried out; (j) date of submission of the program; (k) date of issue of certificate of approval of the program; (l) compliance or noncompliance with the program. (2) Also, if, under the certificate of approval, it is a condition that the certificate holder prepare a public statement about the holder’s environmental management of the activity, the administering authority must insert a copy of the statement in the register. 58 Register of environmental protection orders An administering authority must record the following details

s 59 77 s 62 Environmental Protection Regulation 1998 in its register of environmental protection orders for each order issued by it— (a) recipient’s name; (b) type of activity to which the order relates; (c) if the activity is an environmentally relevant activity—the environmental authority number or registration certificate number for the activity; (d) industry code for the activity; (e) address or description of the place where the activity has been carried out, is being carried out or is proposed to be carried out; (f) ground for issuing, and requirements under, the order; 34 (g) date of issue of the order; (h) compliance or noncompliance with order. 59 Register of authorised persons An administering authority must record details of any limitations stated in an authorised person’s instrument of appointment in its register of authorised persons. Division 5 General 62 Review of decisions and appeal (1) Chapter 11, part 3 of the Act applies to the following decisions as if the decision were a decision mentioned in schedule 1, part 2 35 of the Act— (a) a decision of the administering authority to refuse to waive, or to only partly waive, the payment of an application or annual fee for a registration certificate or an environmental authority; 34 See section 358 (When order may be issued) of the Act. 35 Chapter 11, part 3 (Review of decisions and appeals) and schedule 1, part 2 (Original decisions for court appeals) of the Act

s 62 78 s 62 Environmental Protection Regulation 1998 (b) a decision of the chief executive, under part 3A, to— (i) request information for assessing the integrity of emission data given by an occupier of a reporting facility; or (ii) request information to decide an application for approval of an estimation technique; or (iii) refuse to approve an estimation technique, or approve it subject to a modification; or (iv) request information to decide a claim for an exemption on the ground of commercial confidentiality; or (v) refuse to grant a claim for exemption on the ground of commercial confidentiality; (c) a decision of the chief executive, under part 3A, about an annual reporting period for a reporting facility; (d) a decision of the administering authority to reject a nuisance complaint; (e) a decision of the administering authority to give a nuisance abatement notice; (f) a decision of the chief executive, under part 3C, to— (i) ask for information or documents to enable the chief executive to decide an application for exemption; or (ii) refuse to give an exemption, or impose a condition on an exemption. (1A) Chapter 11, part 3, division 1 and division 3, subdivision 2 of the Act apply to a decision of the Minister, under part 3A, to name an occupier of a reporting facility in the Minister’s report to the council as if the Minister’s decision were a review decision and the occupier were a dissatisfied person. (2) For subsection (1), the dissatisfied person is— (a) for a decision mentioned in subsection (1)(a)—the applicant; or (b) for a decision mentioned in subsection (1)(b) or (c)—the occupier of the facility concerned; or

s 63 79 s 63A Environmental Protection Regulation 1998 (c) for a decision mentioned in subsection (1)(d)—each person who made the complaint; or (d) for a decision mentioned in subsection (1)(e)—each person to whom the nuisance abatement notice is given; or (e) for a decision mentioned in subsection (1)(f)(i)—the person to whom the request is given; or (f) for a decision mentioned in subsection (1)(f)(ii)—the applicant for the exemption. 63 Authorised persons—Act, s 445(1)(c) For section 445(1)(c) of the Act, the following classes of persons are 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 section 440J and chapter 9, part 2A of the Act, persons who are— (i) authorised officers appointed under the Brisbane Forest Park Act 1997 , section 42(1); or (ii) authorised officers appointed under the Recreation Areas Management Act 2006 , section 143(1); 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(1). Part 4A Miscellaneous 63A Codes of environmental compliance for mining and petroleum activities The following documents published by the department, are approved as codes of environmental compliance for the

s 63AA 80 Environmental Protection Regulation 1998 s 63B mining or petroleum activities to which they apply— (a) the ‘Code of Environmental Compliance for Mining Claims and Prospecting Permits’; (b) the ‘Code of Environmental Compliance for Exploration and Mineral Development Projects’; (c) the ‘Code of Environmental Compliance for Mining Lease Projects’. 36 63AA Codes of environmental compliance for chapter 4 activities or aspects of chapter 4 activities Each of the documents published by the department and mentioned in schedule 6A is approved as a code of environmental compliance for the chapter 4 activity, or aspects of the chapter 4 activity, to which it applies. 37 Note — For the chapter 4 activity, or aspects of the chapter 4 activity, to which a code of environmental compliance applies, see section 2 of the code. 63B Prescribed periods under Act—sch 8C (1) Schedule 8C prescribes periods under the provisions of chapters 3 and 5 of the Act that the schedule mentions. (2) A reference in schedule 8C to a numbered provision is a reference to the provision in the Act with that number. 36 The codes are available for inspection during office hours on business days at the head office of the department at 160 Ann Street, Brisbane and at each regional office of the department. The documents may also be accessed on the department’s website at <www.epa.qld.gov.au>. 37 The documents are available for inspection during office hours on business days at the department’s head office at 160 Ann Street, Brisbane and at each regional office of the department. The documents may also be accessed on the department’s website at <www.epa.qld.gov.au>.

s 63C 81 Environmental Protection Regulation 1998 s 64 63C Prescribed organisations in relation to site investigation The organisations in schedule 8A are prescribed for sections 381, 395 and 410 38 of the Act. 63D Prescribed regulated waste—Act, sch 2, item 37 Regulated waste under this regulation is prescribed as regulated waste for schedule 2, item 37, of the Act. Part 5 Transitional provision for the Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2007 64 Transitional provision for amended sch 1, item 16 (1) Subsection (2) applies if— (a) before the commencement of the amending provision— (i) an activity was being carried out; and (ii) schedule 1, item 16 did not apply to the carrying out of the activity; and (b) on the commencement the activity becomes an activity to which schedule 1, item 16 applies. (2) Despite the commencement of the amending provision, schedule 1, item 16 does not apply in relation to the activity until 1 July 2008. (3) In this section— amending provision means the Environmental Protection and Other Legislation Regulation (No. 1) 2007, section 9. 38 Sections 381 (Who must conduct site investigation), 395 (Who must prepare validation report) and 410 (Who must prepare draft site management plan) of the Act

s 64 82 s 64 Environmental Protection Regulation 1998 Note — Section 427 of the Act will not apply to the person carrying out the activity until 1 November 2008. See section 73T of the Act.

83 Environmental Protection Regulation 1998 Schedule 1 Prescribed environmentally relevant activities and amounts for annual fees sections 4, 6A and 39 and schedules 6 and 9 Environmentally relevant activity Level Aquacultural and agricultural activities 1 Aquaculture—cultivating or holding marine, estuarine or freshwater organisms (other than molluscs) in ponds or tanks or in enclosures in waters ( impoundments )— (a) if the total area of the impoundments is 5ha or more and no wastes are released to waters . . . . . . . . . . . . . . . . (b) if the total area of the impoundments is less than 5ha and wastes are released to waters . . . . . . . . . . . . . . . . . . . . . . . (c) if the total area of the impoundments is 5ha or more but less than 10ha and wastes are released to waters . . . . . . . (d) if the total area of the impoundments is 10ha or more but less than 20ha and wastes are released to waters . . . . . . . (e) if the total area of the impoundments is 20ha or more and wastes are released to waters . . . . . . . . . . . . . . . . 2 Cattle feedlotting—feeding cattle prepared or manufactured stockfeed at levels greater than necessary for survival in a confined area having a capacity of— (a) 150 or less standard cattle units . . . . . (b) more than 150, but less than 500, standard cattle units . . . . . . . . . . . . . . 2 1 1 1 1 2 1 Amount for particular annual fees a $ nil 500.00 1 000.00 2 000.00 3 300.00 nil 500.00

84 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (c) 500 or more, but less than 1000, standard cattle units . . . . . . . . . . . . . . (d) 1000 or more standard cattle units . . . 3 Pig farming—farming pigs in a piggery having a capacity of— (a) less than 5000 standard pig units . . . . (b) 5000 standard pig units or more . . . . . 4 Poultry farming—farming poultry, including egg and fertile egg production, the rearing of hatchlings, starter pullets, layers and poultry for meat in facilities having a total holding capacity of— (a) more than 1000, but less than 200000, birds . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 200000 birds or more . . . . . . . . . . . . . 1 1 2 1 2 b 1 b Amount for particular annual fees a $ 625.00 2 000.00 nil 500.00 nil 400.00 Chemical, coal and petroleum products activities 5 Alcohol distilling—commercially distilling alcohol in works having a design production capacity of more than 2500L a year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Chemical manufacturing, processing or mixing—manufacturing or processing an inorganic chemical, organic chemical or chemical product, or mixing inorganic chemicals, organic chemicals or chemical products (other than mixing non-combustible or non-flammable chemicals or chemical products by dilution with water), in a plant or works having a design production capacity of— 1 5 540.00

85 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (a) 200t or more, but less than 20000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 20000t or more, but less than 100000t, a year. . . . . . . . . . . . . . . . . . . . . . . . . . (c) 100000 or more tonnes a year. . . . . . . 7 Chemical storage—storing chemicals (other than crude oil, natural gas and petroleum products), including ozone depleting substances, gases or dangerous goods under the dangerous goods code in containers having a design storage volume of— (a) more than 10m 3 but less than 1000m 3 (b) 1000m 3 or more . . . . . . . . . . . . . . . . . . 8 Coke producing—producing, quenching, cutting, crushing or grading coke . . . . . . . . 9 Gas producing—commercially producing hydrocarbon gas by any method, including the reforming of hydrocarbon gas, but not including collecting hydrocarbon gas in carrying out an activity under item 15 or 75. 10 Paint manufacturing—manufacturing— (a) organic solvent based paint in works having a design capacity of— (i) 10000L or more, but less than 1000000L, a year . . . . . . . . . . . . (ii) 1000000L or more, but less than 100000000L, a year . . . . . . . . . . (iii) 100000000L or more a year . . . . 1 1 1 2 1 1 1 1 1 1 Amount for particular annual fees a $ 4 420.00 5 200.00 5 820.00 nil 1 740.00 4 260.00 4 420.00 600.00 1 740.00 5 200.00

86 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (b) water based paint in works having a design capacity of more than 10000L a year . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Crude oil or petroleum product storing—storing crude oil or a petroleum product in tanks or containers having a combined total storage capacity of— (a) 10000L or more but less than 500000L . . . . . . . . . . . . . . . . . . . . . . . (b) 500000L or more . . . . . . . . . . . . . . . . 12 Oil refining or processing—refining or processing crude oil or shale oil in works having a design production capacity of— (a) less than 500000L a year . . . . . . . . . . (b) 500000L or more, but less than 150000000L, a year . . . . . . . . . . . . . . (c) 150000000L or more a year . . . . . . . . 13 Fuel gas refining or processing—refining or processing of fuel gas in works having a design production capacity at standard temperature and pressure of— (a) less than 200000000m 3 a year. . . . . . . (b) 200000000m 3 or more a year . . . . . . . 2 2 b 1 1 1 1 2 1 Amount for particular annual fees a $ nil nil 1 740.00 2 054.00 5 200.00 20 540.00 nil 20 540.00 Community infrastructure and services 14 Crematorium—cremating human, pet or animal remains . . . . . . . . . . . . . . . . . . . . . . 1 b 400.00

87 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 15 Sewage treatment—operating— (a) a standard sewage treatment works having a peak design capacity to treat sewage of 21 or more equivalent persons but less than 100 equivalent persons . . . . . . . . . . . . . . . . . . . . . . . . (b) a standard sewage treatment works having a peak design capacity to treat sewage of 100 or more equivalent persons but less than 1500 equivalent persons . . . . . . . . . . . . . . . . . . . . . . . . (c) a standard sewage treatment works having a peak design capacity to treat sewage of 1500 or more equivalent persons but less than 4000 equivalent persons . . . . . . . . . . . . . . . . . . . . . . . . (d) a standard sewage treatment works having a peak design capacity to treat sewage of 4000 or more equivalent persons but less than 10000 equivalent persons . . . . . . . . . . . . . . . . . . . . . . . . (e) a standard sewage treatment works having a peak design capacity to treat sewage of 10000 or more equivalent persons but less than 50000 equivalent persons . . . . . . . . . . . . . . . . . . . . . . . . (f) a standard sewage treatment works having a peak design capacity to treat sewage of 50000 or more equivalent persons but less than 100000 equivalent persons. . . . . . . . . . . . . . . . (g) a standard sewage treatment works having a peak design capacity to treat sewage of 100000 or more equivalent persons . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 1 1 1 1 Amount for particular annual fees a $ 500.00 1 500.00 1 980.00 3 960.00 7 920.00 10 140.00 15 210.00

88 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (h) a special sewage treatment works having a peak design capacity to treat sewage of 21 or more equivalent persons . . . . . . . . . . . . . . . . . . . . . . . . 1 Amount for particular annual fees a $ 500.00 Electricity, fuel burning and water supply activities 16 Water treatment—treating 20ML or more of water a day in a way that releases treated or untreated waste into the environment, other than by— (a) a treatment involving the disinfection of the water only; or (b) a treatment associated with an environmentally relevant activity mentioned in schedule 1, item 15, 75, 76, 81, 84 or 85; or (c) discharging trade waste into a local government’s sewerage infrastructure under a trade waste approval given under the Water Act 2000 , section 469 17 Fuel burning—any process involving the use of fuel burning equipment (including, for example, a standby power generator) that is capable of burning (whether alone or in total) 500kg or more of fuel an hour. . . . 18 Power station—generating power by consuming fuel at a rated capacity of 10MW electrical or more— (a) if the fuel used is natural gas . . . . . . . (b) for any other fuel. . . . . . . . . . . . . . . . . 2 1 1 1 nil 3 000.00 4 420.00 14 940.00

89 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level Extractive activities 19 Dredging material—dredging material from the bed of any waters (other than dredging by a port authority of material for which a royalty or similar charge is not payable) using plant or equipment having a design capacity of— (a) not more than 5000t a year . . . . . . . . . (b) 5000t or more, but less than 100000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) 100000t or more a year . . . . . . . . . . . . 20 Extracting rock or other material—extracting rock (other than rock mined in block or slab form for building purposes), sand (other than foundry sand), clay (other than clay used for its ceramic properties, kaolin or bentonite), gravel, loam or other material (other than gravel, loam or other material under a mining tenement or petroleum authority) from a pit or quarry using plant or equipment having a design capacity of— (a) not more than 5000t a year . . . . . . . . . (b) 5000t or more, but less than 100000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) 100000t or more a year . . . . . . . . . . . . 21C The construction of a new transmission pipeline under a pipeline licence issued under any of the petroleum legislation . . . . 1 1 1 2 b 1 1 1 Amount for particular annual fees a $ 700.00 3 960.00 4 880.00 nil 3 960.00 4 880.00 3 390.00

90 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 21D A petroleum activity otherwise prescribed under this schedule as a level 1 environmentally relevant activity . . . . . . . . 1 21E A petroleum activity not otherwise prescribed under this schedule as a level 1 environmentally relevant activity . . . . . . . . 22 Screening etc. materials—screening, washing, crushing, grinding, milling, sizing or separating material extracted from the earth (other than under a mining tenement or petroleum authority) or by dredging using plant or equipment having a design capacity of— (a) more than 50t, but less than 5000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 5000t or more, but less than 100000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) 100000t or more a year . . . . . . . . . . . . 2 2 b 1 1 Amount for particular annual fees a $ The amount provided under schedule 6, part 1A, item 9A nil nil 3 960.00 4 880.00 Fabricated metal product activities 23 Abrasive blasting—commercially cleaning equipment or structures using a stream of abrasives— (a) if the activity is carried out at a permanent location . . . . . . . . . . . . . . . (b) if the activity is a mobile and temporary environmentally relevant activity. . . . . . . . . . . . . . . . . . . . . . . . . 1 b 1 b 400.00 650.00

91 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (c) if the activity is carried out at a permanent location and includes a mobile and temporary environmentally relevant activity . . . . 24 Boiler making or engineering— commercial boiler making, electrical machine manufacturing or building or assembly of agricultural equipment, motor vehicles, trains, trams or heavy machinery . 25 Metal surface coating—commercial spray painting (other than spray painting motor vehicles), powder coating, enamelling, electroplating, anodising or galvanising in works having an annual throughput of metal products of— (a) less than 2000t . . . . . . . . . . . . . . . . . . (b) 2000t or more but less than 10000t. . . (c) 10000t or more but less than 30000t. . (d) 30000t or more . . . . . . . . . . . . . . . . . . 26 Metal forming—pressing, forging, extending, extruding or rolling metal, forming metal into plate, wire or rods or fabricating sheet metal . . . . . . . . . . . . . . . . 27 Metal recovery—commercially operating a scrap metal yard or dismantling automotive or mechanical equipment, including debonding brake or clutch components . . . 1 b 2 b 1 b 1 b 1 1 2 b 1 b Amount for particular annual fees a $ 650.00 nil 450.00 600.00 1 200.00 2 800.00 nil 500.00

92 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 28 Motor vehicle workshop—operating a workshop or mobile workshop in the course of which motor vehicle mechanical or panel repairs are carried out in the course of a commercial or municipal enterprise (other than on a farm or under a mining tenement) or on a commercial basis . . . . . . . . . . . . . . 1 b Amount for particular annual fees a $ 500.00 Food processing 29 Beverage production—commercially producing— (a) any non-alcoholic beverage in works having a production output of— (i) 200000L or more, but less than 2000000L, a year . . . . . . . . . . . . (ii) 2000000L or more, but less than 14500000L, a year . . . . . . . . . . . (iii) 14500000L or more a year . . . . . (b) any beer or other alcoholic beverage in works having a design production capacity of more than 400000L a year 30 Edible oil processing—commercial vegetable oil or oilseed processing in works having a design production capacity of 1000t or more a year . . . . . . . . . . . . . . . . . . 31 Flour milling—commercial processing of grain crops by crushing, grinding, milling, separating or sizing in works having a design production capacity of 1000t or more a year . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 1 1 2 715.00 1 430.00 2 860.00 4 740.00 3 740.00 nil

93 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 32 Meat processing—slaughtering animals for commercially producing meat or meat products for human consumption, or processing (other than smoking mentioned in item 35) or packaging of meat or meat products for human consumption— (a) if an integral part of the activity involves the operation of a rendering plant with a design production capacity of more than 300t a year—in works (other than a retail butcher shop) having a design production capacity of— (i) 1000t or more, but less than 3000t, a year . . . . . . . . . . . . . . . . (ii) 3000t or more, but less than 6000t, a year . . . . . . . . . . . . . . . . (iii) 6000t or more a year . . . . . . . . . . (b) if paragraph (a) does not apply—in works (other than a retail butcher shop) having a design production capacity of— (i) 1000t or more, but less than 3000t, a year . . . . . . . . . . . . . . . . (ii) 3000t or more, but less than 6000t, a year . . . . . . . . . . . . . . . . (iii) 6000t or more a year . . . . . . . . . . 33 Milk processing—separating, evaporating or processing milk (other than on a farm) or manufacturing evaporated or condensed milk, cheese, butter, ice cream or other dairy product in works having a design production capacity of 200t or more a year 1 1 1 1 1 1 1 Amount for particular annual fees a $ 1 000.00 3 000.00 6 020.00 875.00 2 600.00 5 200.00 4 100.00

94 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 34 Seafood processing—commercially processing seafood, including removing the scales, gills, intestines or shells, filleting, chilling, freezing or packaging seafood in works having a design production capacity of more than 100t a year . . . . . . . . . . . . . . . 35 Smoking, drying or curing works—smoking, drying or curing meat, fish or other edible products by applying heat, smoke or other dehydration method in works (other than a retail butcher shop or chicken outlet) having a design production capacity of 200t or more a year . . . . . . . . . 36 Sugar milling or refining—crushing sugar cane or manufacturing sugar or sugar cane products from sugar cane (other than on a farm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Bottling or canning—bottling or canning food (other than a type of activity mentioned in items 29 to 36) in works having a design production capacity of 200t or more a year . . . . . . . . . . . . . . . . . . . . . . . 1 2 1 1 Amount for particular annual fees a $ 2 840.00 nil 10 160.00 4 440.00 Metal products activities 40 Metal foundry—commercially producing metal castings— (a) using ferrous metals in works having an average annual metal tonnage output of— (i) less than 20t . . . . . . . . . . . . . . . . (ii) 20t or more but less than 100t. . . (iii) 100t or more but less than 300t. . 2 1 1 nil 300.00 500.00

95 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (iv) 300t or more but less than 1000t. (v) 1000t or more but less than 5000t . . . . . . . . . . . . . . . . . . . . . . (vi) 5000t or more but less than 10000t . . . . . . . . . . . . . . . . . . . . . (vii) 10000t or more . . . . . . . . . . . . . . (b) using non-permanent moulds and nonferrous metals in works having an average annual metal tonnage output of— (i) less than 20t . . . . . . . . . . . . . . . . (ii) 20t or more but less than 100t. . . (iii) 100t or more but less than 200t. . (iv) 200t or more but less than 1000t. (v) 1000t or more but less than 5000t . . . . . . . . . . . . . . . . . . . . . . (vi) 5000t or more . . . . . . . . . . . . . . . (c) using permanent moulds and nonferrous metals in works. . . . . . . . . 41 Metal works—commercially smelting or processing ores or ore concentrates to produce metal in works having a design production capacity of— (a) more than 10t, but less than 100t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 100t or more, but less than 10000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) 10000t or more a year . . . . . . . . . . . . . 1 1 1 1 2 1 1 1 1 1 2 1 1 1 Amount for particular annual fees a $ 1 350.00 2 600.00 3 600.00 5 400.00 nil 300.00 500.00 1 200.00 1 800.00 2 400.00 nil 9 860.00 12 380.00 16 340.00

96 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 42 Mineral processing—commercially processing, classification, mixing or concentration of mineral ores to produce mineral concentrates in works having a design production capacity of— (a) more than 1000t, but less than 100000t, a year . . . . . . . . . . . . . . . . . . (b) more than 100000t a year . . . . . . . . . . 1 1 Amount for particular annual fees a $ 3 140.00 16 340.00 Miscellaneous activities 43 Animal housing—commercially operating a boarding or breeding kennel, dog pound, greyhound training facility or veterinary clinic in which animals are boarded other than overnight for treatment . . . . . . . . . . . . 44 Battery manufacturing—manufacturing batteries of any kind . . . . . . . . . . . . . . . . . . 45 Crushing, milling or grinding—processing products (other than agricultural products and materials mentioned in item 22), including, for example, uncured rubber and chemicals, by crushing or grinding or milling in works having a design production capacity of 5000t or more a year 46 Mushroom growing substrate manufacturing—commercially manufacturing substrate for mushroom growing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 b 1 2 1 nil 1 880.00 nil 400.00

97 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 47 Pet, stock or aquaculture food manufacturing—commercially manufacturing or processing pet, stock or aquaculture food (other than an abattoir, slaughter house, rendering works or animal glue or gelatine works) . . . . . . . . . . . . . . . . 48 Plaster manufacturing—manufacturing or processing plaster in works having a design production capacity of 200t or more a year 49 Pulp or paper manufacturing— manufacturing pulp or paper in works having a design production capacity of more than 100t a year . . . . . . . . . . . . . . . . . 50 Rendering operation—commercially processing or extracting substances, including, for example, fat, tallow, derivatives of fat or tallow or proteinaceous matter, from animal wastes or by-products (other than an operation using wastes solely derived from an activity mentioned in item 32(a) or 47) in works having a design production capacity of— (a) more than 10t, but less than 300t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 300t or more a year . . . . . . . . . . . . . . . 51 Plastic manufacturing—commercially manufacturing plastic or plastic products in works having a design production capacity of— (a) more than 1t, but less than 5t, a year. . (b) 5t or more a year . . . . . . . . . . . . . . . . . 1 b 1 1 2 1 1 b 1 b Amount for particular annual fees a $ 500.00 3 000.00 6 180.00 nil 6 020.00 300.00 450.00

98 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 52 Printing—commercially screen printing or printing (other than photocopying and photographic printing), including advertising material, magazines, newspapers, packaging and stationery . . . . 53 Soil conditioner manufacturing— commercially manufacturing soil conditioners (other than spent mushroom growing substrate by a mushroom grower) by receiving and blending, storing, processing, drying or composting organic material or organic waste, including, for example, animal manures, sewage, septic sludges and domestic waste, in works having a design production capacity of 200t or more a year . . . . . . . . . . . . . . . . . . . . . . . 54 Tanning—commercially operating a tannery or works for curing animal skins or hides, or commercially finishing leather. . . 55 Textile manufacturing—commercial carpet manufacturing, wool scouring or carbonising, cotton milling, or textile bleaching, dyeing or finishing. . . . . . . . . . . 56 Tobacco processing—processing tobacco (other than drying tobacco on a tobacco farm) or manufacturing products from tobacco or a tobacco derivative. . . . . . . . . . 57 Tyre manufacturing or retreading— (a) tyre manufacturing . . . . . . . . . . . . . . . (b) tyre retreading . . . . . . . . . . . . . . . . . . . 2 b 1 1 1 1 1 1 Amount for particular annual fees a $ nil 400.00 4 740.00 4 740.00 3 340.00 1 800.00 500.00

99 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level Amount for particular annual fees a $ Non-metallic mineral product manufacture 58 Asbestos products manufacturing— manufacturing an asbestos product. . . . . . . 59 Asphalt manufacturing—manufacturing asphalt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Cement manufacturing—manufacturing cement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Clay or ceramic products manufacturing— manufacturing a clay or ceramic product, including bricks, tiles, pipes, pottery goods and refractories, in works having a design production capacity of more than 200t a year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Concrete batching—producing concrete or a concrete product by mixing cement, sand, rock, aggregate or other similar materials in works (including mobile works) having a design production capacity of more than 100t a year. . . . . . . . . . . . . . . . . . . . . . . . . . 63 Glass or glass fibre manufacturing— manufacturing glass or glass fibre in works having a design capacity of more than 200t a year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Mineral wool or ceramic fibre manufacturing—manufacturing mineral wool or ceramic fibre . . . . . . . . . . . . . . . . . 1 2 b 1 1 1 b 1 1 800.00 nil 7 620.00 4 740.00 650.00 4 740.00 2 680.00

100 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level Amount for particular annual fees a $ Recreational and sporting activities 65 Motor racing— (a) conducting a motor race other than an international motor race . . . . . . . . . . . (b) conducting an international motor race 2 b 2 nil nil Sawmilling, woodchipping and wooden product manufacturing 66 Chemically treating timber—commercially treating timber for preservation using chemicals, including, for example, copper, chromium, arsenic, borax and creosote . . . 67 Sawmilling or woodchipping—sawing, cutting, chipping, compressing, milling or machining logs, drying logs in a kiln or manufacturing secondary wooden products, in a mill or works having a design production capacity of— (a) 500t or more, but less than 5000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 5000t or more, but less than 10000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) 10000t or more, but less than 20000t, a year . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) 20000t or more a year . . . . . . . . . . . . . 1 1 1 1 1 2 860.00 300.00 500.00 700.00 800.00

101 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 68 Wooden product manufacturing— commercially manufacturing or fabricating (other than as mentioned in items 66 and 67) a wooden product, including, for example, a product made by a cabinet-maker, joiner or other woodworker, in a facility having a design production capacity of more than 1t a year . . . . . . . . . . 2 b Amount for particular annual fees a $ nil Transport and maritime services 69 Boat maintaining or repairing facility—operating a commercial facility for maintaining or repairing any type of boat or inboard or outboard marine engine. 70 Heliport—operating a facility for landing helicopters (other than a facility forming part of an aerodrome used for general aviation or for sole use in emergency circumstances) . . . . . . . . . . . . . . . . . . . . . . 71 Port—operating a port (other than an airport) under the Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Railway facility—operating any railway facility for refuelling and maintaining or repairing rolling stock . . . . . . . . . . . . . . . . . 73 Marina or seaplane mooring—operating a commercial marina or facility for mooring seaplanes, including any land-based buildings or works used in association with the marina or mooring— (a) for less than 20 berths or moorings. . . 1 b 2 b 2 1 2 b 650.00 nil nil 5 040.00 nil

102 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (b) for 20 or more, but less than 100, berths or moorings . . . . . . . . . . . . . . . (c) for 100 or more berths or moorings . . 74 Stockpiling, loading or unloading goods in bulk—commercially loading, unloading or stockpiling materials or goods, in association with an activity mentioned in item 71, using a crane, conveyor, pump or other similar way at a rate of more than 100t a day . . . . . . . . . . . . . . . . . . . . . . . . . . 1 b 1 b 1 Amount for particular annual fees a $ 300.00 500.00 3 000.00 Waste management 75 Waste disposal—operating a facility for— (a) disposing of only general waste or limited regulated waste, if the facility is designed to receive waste at the rate of— (i) more than 50t, but not more than 2000t, a year . . . . . . . . . . . . . . . . (ii) 2000t or more, but less than 5000t, a year . . . . . . . . . . . . . . . . (iii) 5000t or more, but less than 10000t, a year . . . . . . . . . . . . . . . (iv) 10000t or more, but less than 20000t, a year . . . . . . . . . . . . . . . (v) 20000t or more, but less than 50000t, a year . . . . . . . . . . . . . . . (vi) 50000t or more, but less than 75000t, a year . . . . . . . . . . . . . . . (vii) 75000t or more, but less than 100000t, a year . . . . . . . . . . . . . . 1 1 1 1 1 1 1 500.00 750.00 1 000.00 1 500.00 2 000.00 2 500.00 5 000.00

103 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (viii)100000t or more, but less than 200000t, a year . . . . . . . . . . . . . . (ix) 200000t or more a year . . . . . . . . (b) disposing of regulated waste (other than limited regulated waste) whether alone or in combination with any waste mentioned in paragraph (a), if the facility is designed to receive waste at the rate of— (i) less than 50000t a year . . . . . . . . (ii) 50000t or more, but less than 100000t, a year . . . . . . . . . . . . . . (iii) 100000t or more, but less than 200000t, a year . . . . . . . . . . . . . . (iv) 200000t or more a year . . . . . . . . (c) disposing of not more than 5t untreated clinical waste per year, whether alone or in combination with any waste mentioned in paragraph (a), if the facility is in a scheduled area and designed to receive waste at the rate of— (i) more than 50t, but not more than 2000t, a year . . . . . . . . . . . . . . . . (ii) 2000t or more, but less than 5000t, a year . . . . . . . . . . . . . . . . (iii) 5000t or more, but less than 10000t, a year . . . . . . . . . . . . . . . (iv) 10000t or more, but less than 20000t, a year . . . . . . . . . . . . . . . (v) 20000t or more, but less than 50000t, a year . . . . . . . . . . . . . . . 1 1 1 1 1 1 1 1 1 1 1 Amount for particular annual fees a $ 7 500.00 10 000.00 3 000.00 5 220.00 7 500.00 10 000.00 500.00 750.00 1 000.00 1 500.00 2 000.00

104 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (vi) 50000t or more, but less than 75000t, a year . . . . . . . . . . . . . . . (vii) 75000t or more, but less than 100000t, a year . . . . . . . . . . . . . . (viii)100000t or more, but less than 200000t, a year . . . . . . . . . . . . . . (ix) 200000t or more a year . . . . . . . . 76 Incinerating waste—operating a waste incineration facility for incinerating— (a) vegetation . . . . . . . . . . . . . . . . . . . . . . (b) clean paper or cardboard. . . . . . . . . . . (c) general waste (other than vegetation or clean paper or cardboard) whether alone or in combination with vegetation or clean paper or cardboard, designed to incinerate waste at the rate of— (i) not more than 5000t a year . . . . . (ii) 5000t or more a year . . . . . . . . . . (d) clinical waste or quarantine waste . . . (e) regulated waste (other than waste mentioned in paragraph (d)) . . . . . . . . 77 Battery recycling—operating a facility for receiving and recycling or reprocessing any kind of battery . . . . . . . . . . . . . . . . . . . . . . . 78 Chemical or oil recycling—operating a facility for receiving and commercially recycling or reprocessing used chemicals, oils or solvents to produce saleable products. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 1 2 b 2 b 1 1 1 1 2 1 Amount for particular annual fees a $ 2 500.00 5 000.00 7 500.00 10 000.00 nil nil 2 280.00 5 000.00 4 750.00 6 000.00 nil 3 820.00

105 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level 79 Drum reconditioning—operating a facility for receiving and commercially reconditioning metal or plastic drums . . . . 80 Tyre recycling—operating a facility for receiving and commercially recycling or reprocessing tyres (other than retreading tyres) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Recycling or reprocessing regulated waste—operating a facility for receiving and recycling or reprocessing regulated waste (other than waste recycled or reprocessed under item 32(a), 46, 47, 50, 53 or 77 to 80) to produce saleable products . . 82 Waste transfer station—operating a waste transfer station designed to receive waste at the rate of 20000t or more of waste a year . 83 Regulated waste transport—transporting regulated waste commercially or in quantities of more than 250kg in a load— (a) for tyres . . . . . . . . . . . . . . . . . . . . . . . . (b) for other regulated waste— (i) for 1 or more, but less than 36, licensed vehicles . . . . . . . . . . . . . (ii) for 36 or more licensed vehicles . 84 Regulated waste storage—operating a facility for receiving and storing— (a) more than 500 tyres in whole or equivalent parts (other than tyres stored for recycling or reprocessing under item 80) . . . . . . . . . . . . . . . . . . . 2 2 1 1 2 1 1 1 Amount for particular annual fees a $ nil nil 2 280.00 900.00 nil 400.00 plus 100.00 for each vehicle 4 000.00 1 400.00

106 Environmental Protection Regulation 1998 Schedule 1 (continued) Environmentally relevant activity Level (b) other regulated waste, other than waste stored— (i) on a farm for use as a soil conditioner or fertiliser in carrying out an agricultural activity; or (ii) for use in manufacturing a saleable product under another item of this schedule; or (iii) for incineration under item 76; or (iv) recycling, reprocessing or reconditioning under items 77 to 79 or 81) . . . . . . . . . . . . . . . . . . . 85 Regulated waste treatment—operating a facility for receiving and treating regulated waste to render it less or non-hazardous, other than by— (a) manufacturing a saleable product under another item of this schedule; or (b) incineration under item 76; or (c) recycling, reprocessing or reconditioning under items 77 to 79 or 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 Amount for particular annual fees a $ 2 000.00 4 750.00 a For other annual fees see schedule 6, items 9A and 13 to 16. b Indicates administration and enforcement of the Act for the activity is devolved to local government—see section 39 (Devolution of powers—environmentally relevant activities).

107 Environmental Protection Regulation 1998 Schedule 1AA Matters to be addressed by assessment section 3C(c) 1 General information The background of the project including, for example, the following— (a) the project’s title; (b) the designated proponent’s full name and postal address; (c) a clear outline of the project’s objective; (d) the project’s location; (e) the background to the project’s development; (f) 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; (g) the project’s current status; (h) the consequences of not proceeding with the project. 2 Description A description of the project, including the following— (a) the project’s components; (b) the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts; (c) 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; (d) the project’s relevant impacts; (e) proposed safeguards and mitigation measures for dealing with the project’s relevant impacts;

108 Environmental Protection Regulation 1998 Schedule 1AA (continued) (f) any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the proposed project; (g) to the extent reasonably practicable, any feasible alternatives to the project, including, for example, the following— (i) if relevant, the alternative of taking no action; (ii) a comparative description of the impacts of each alternative on the matters protected by the controlling provisions for the project; (iii) sufficient detail to clarify why any alternative is preferred to another; (h) any consultation about the project, including, for example, the following— (i) consultation taken and any documented response to, or result of, the consultation; (ii) proposed consultation about the project’s relevant impacts; (i) identification of affected persons and interested persons, including a statement mentioning any communities that may be affected and describing the communities’ views. 3 Relevant impacts Information given under section 2(d) must include the following— (a) a description of the project’s relevant impacts; (b) a detailed assessment of the nature and extent of the likely short term and long term relevant impacts; (c) a statement whether any relevant impacts are likely to be unknown, unpredictable or irreversible; (d) an analysis of the significance of the relevant impacts; (e) any technical data and other information used or needed to make a detailed assessment of the relevant impacts.

109 Environmental Protection Regulation 1998 Schedule 1AA (continued) 4 Proposed safeguards and mitigation measures Information given under section 2(e) must include the following— (a) a description, and an assessment of the expected or predicted effectiveness, of the mitigation measures for dealing with the project’s relevant impacts; (b) any statutory or policy basis for the mitigation measures; (c) the cost of the mitigation measures; (d) 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; (e) the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program; (f) 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. 5 Other approvals and conditions (1) Information given under section 2(f) must include the following— (a) details of any planning instrument under the Integrated Planning Act 1997 39 dealing with the project including, for example, the following— 39 Integrated Planning Act 1997 , schedule 10 (Dictionary)— planning instrument means a State planning policy, a designated region’s regional plan, a State planning regulatory provision, a planning scheme, a temporary local planning instrument or a planning scheme policy.

110 Environmental Protection Regulation 1998 Schedule 1AA (continued) (i) what environmental assessment of the project has been, or is being, carried out under the planning instrument; (ii) how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts; (b) 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; (c) a statement identifying any other required approval, other than the Commonwealth approval; (d) a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project. (2) In this section— Commonwealth approval means the Commonwealth Minister’s approval of the action the subject of the project under the Commonwealth Environment Act, chapter 4, part 9. 6 Proponent’s environmental record (1) Details 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— (a) the proponent; and (b) the applicant for any permit under an environmental law for the project. (2) If the proponent is a corporation, details of the corporation’s environmental policy and planning framework. 7 Information sources The EIS must state the following about information given in the EIS—

111 Environmental Protection Regulation 1998 Schedule 1AA (continued) (a) the source of the information; (b) how recent the information is; (c) how the reliability of the information was tested; (d) any uncertainties in the information.

112 Environmental Protection Regulation 1998 Schedule 1A Prescribed criteria for section 151 40 of the Act section 6 Part 1 Preliminary 1 What is a category A environmentally sensitive area In this schedule, a category A environmentally sensitive area means any of the following— (a) the following under the Nature Conservation Act 1992 — (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a national park (Cape York Peninsula Aboriginal land); (vi) a national park (recovery); (vii) a conservation park; (viii) a forest reserve under the Nature Conservation Act 1992 ; (b) the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 ; (c) a restricted area under the Mineral Resources Act that includes a constructed water reservoir; (d) the Great Barrier Reef Region under the Great Barrier Reef Marine Park Act 1975 (Cwlth); (e) a marine park under the Marine Parks Act 2004 , other than a part of the park that is a general use zone. 40 Section 151 (What is a level 1 mining project and a level 2 mining project ) of the Act

113 Environmental Protection Regulation 1998 Schedule 1A (continued) 2 What is a category B environmentally sensitive area In this schedule, a category B environmentally sensitive area means any of the following— (a) an area as follows under the Nature Conservation Act 1992 — (i) a coordinated conservation area; (ii) a wilderness area; (iii) a world heritage management area; (iv) an international agreement area; (v) an area of critical habitat or major interest identified under a conservation plan; (vi) an area subject to an interim conservation order; (b) an area subject to the following conventions to which Australia is a signatory— (i) the ‘Convention on the Conservation of Migratory Species of Wild Animals’ (Bonn, 23 June 1979); (ii) the ‘Convention on Wetlands of International Importance, especially as Waterfowl Habitat’ (Ramsar, 2 February 1971); (iii) the ‘Convention Concerning the Protection of the World Cultural and Natural Heritage’ (Paris, 16 November 1972); (c) a general use zone of a marine park under the Marine Parks Act 1982 ; (d) an area to the seaward side of the highest astronomical tide; (e) the following under the Queensland Heritage Act 1992 — (i) a place of cultural heritage significance; (ii) a registered place; (f) an area recorded in the Aboriginal Cultural Heritage Register established under the Aboriginal Cultural

114 Environmental Protection Regulation 1998 Schedule 1A (continued) Heritage Act 2003 , section 46, other than the area known as the ‘Stanbroke Pastoral Development Holding’, leased under the Land Act 1994 by lease number PH 13/5398; (g) a feature protection area, State forest park or Scientific area under the Forestry Act 1959 ; (h) a fish habitat area under the Fisheries Act 1994 ; (i) a place in which a marine plant under the Fisheries Act 1994 is situated; (j) an endangered regional ecosystem identified in the database maintained by the department called ‘Regional Ecosystem Description Database’ 41 containing regional ecosystem numbers and descriptions. 3 Limits of riverine area In this schedule, a riverine area does not include land outside the flood flow channel of a watercourse. 4 What is significantly disturbed land (1) In this schedule, land is significantly disturbed if— (a) it is contaminated land; or (b) it has been disturbed and human intervention is needed to rehabilitate it— (i) to a state required under the relevant environmental authority; or 41 The database is available for inspection— (a) during office hours on business days at the Queensland Herbarium, Brisbane Botanic Gardens, Mt Coot-tha Road, Toowong, Brisbane and each regional office of the Environmental Protection Agency; and (b) on the department’s website at— <www.epa.qld.gov.au/nature_conservation/biodiversity/regional_ecosystems/>.

115 Environmental Protection Regulation 1998 Schedule 1A (continued) (ii) if the environmental authority does not require the land to be rehabilitated to a particular state—to its state immediately before the disturbance. Examples of a disturbance to land — 1 the covering, compaction, exposure, removal or stockpiling of soil or other material 2 the destruction or removal of vegetation 3 the carrying out of a mining activity in a watercourse or wetland 4 the submergence of an area with a hazardous contaminant, tailings, or water (2) Without limiting subsection (1)(b), land requires human intervention to rehabilitate it if— (a) the disturbance has made the land more susceptible to erosion; or (b) the land use capability or suitability of the land is diminished; or (c) the quality of water in a watercourse downstream of the land has been significantly reduced. (3) If land is significantly disturbed land because it is contaminated land, it ceases to be significantly disturbed land if a suitability statement is issued for the land. (4) If land is significantly disturbed land under subsection (1)(b), it ceases to be significantly disturbed land if the administering authority becomes satisfied the land has been rehabilitated— (a) to its state immediately before the disturbance; or (b) to another state decided by the administering authority. 5 What is a watercourse In this schedule, a watercourse is a creek, river or stream— (a) in which water flows intermittently or permanently in a visibly defined channel, whether artificial, artificially improved or natural; and

116 Environmental Protection Regulation 1998 Schedule 1A (continued) (b) that has a clear bank and bed; and (c) that has evidence of biological dependence on any water that flows in the creek, river or stream or on the banks or bed. Part 2 Criteria 6 Criteria for environmental authority (mining lease)—Act, s 151 (1) The following criteria are prescribed for the Act, section 151(1)(a) and (2)(b)(i) for mining activities allowed, or to be allowed, under an environmental authority (mining lease)— (a) the mining activities do not, or will not, cause more than 10ha of any land to be significantly disturbed at any one time; (b) the mining activities do not, or will not, cause more than 5ha of any riverine area or mine workings to be significantly disturbed at any one time; (c) the mining activities are not, or will not be, carried out in a category A environmentally sensitive area; (d) the mining activities are not, or will not be, carried out in a category B environmentally sensitive area; (e) the mining activities do not include a level 1 environmentally relevant activity; (f) no more than 20 persons are carrying out or, will at any one time, carry out, the mining activities; (g) only mining of a type as follows is permitted under any relevant mining lease— (i) alluvial mining; (ii) clay pit mining; (iii) dimension stone mining;

117 Environmental Protection Regulation 1998 Schedule 1A (continued) (iv) hard rock mining; (v) opal mining; (vi) shallow pit mining. (2) In this section— alluvial mining means excavating, in any way, unconsolidated or waterborne or weathered material (whether or not it is in a watercourse) and processing it by using chemical methods or gravity separation to extract minerals from the material. Examples — gem, gold and tin mining from alluvial wash clay pit mining means excavating waterborne or weathered material (whether or not it is in a watercourse) and processing it by a non-crushing method. dimension stone mining means extracting rock and processing it by further cutting or shaping to use it for building. Examples of rock extracted as dimension stone — granite, limestone, marble, sandstone and slate hard rock mining means extracting material from underground or open cut pits and processing it by crushing or milling and using chemical methods or gravity separation to extract minerals from it. mine workings means an area from which ore or overburden has been extracted or on which waste rock is stored that is not— (a) substantially rehabilitated to the satisfaction of the administering authority; or (b) used for a camp site, road, plant, tailings dam, water storage dam, or other infrastructure. opal mining means extracting material from underground or open cut pits and processing it by manually separating opal rock or by using gravity separation to extract opal.

118 Environmental Protection Regulation 1998 Schedule 1A (continued) shallow pit mining means extracting material from an open cut pit no more than 5m deep and processing the material to extract minerals. 7 Criteria for other environmental authority (mining activities)—Act, s 151 The following criteria are prescribed for the Act, section 151(1)(a) and (2)(b)(i) for mining activities allowed, or to be allowed, under an environmental authority (mining activities), other than an environmental authority (mining lease)— (a) the mining activities do not, or will not, cause more than 10ha of any land to be significantly disturbed at any one time; (b) no more than 5000m 2 are disturbed at any campsite at any one time; (c) no more than 20m 3 of any substance is extracted from each kilometre of any riverine area in any year; (d) the mining activities are not, or will not be, carried out in a category A or B environmentally sensitive area; (e) the mining activities do not include a level 1 environmentally relevant activity.

119 Environmental Protection Regulation 1998 Schedule 6 Fees Part 1 Fees for registration certificates and development approvals section 44A(1)(a)(i) and (b) Division 1 Registration certificates $ 1 Application for registration certificate for 1 or more chapter 4 activities, other than continuing chapter 4 activities . . . . . . . . . . . . . . . . . . . . . . . . . 233.20 plus the prescribed annual fee amount for the registration certificate 2 Application for registration certificate for 1 or more continuing chapter 4 activities . . . . . . . . . . . 56.90 3 Annual fee for registration certificate . . . . . . . . . . the prescribed annual fee amount for the registration certificate Division 2 Development approvals for chapter 4 activities $ 4 Application for assessment of development application for 1 or more chapter 4 activities . . . . 233.20 plus the prescribed annual fee amount for the application

120 Environmental Protection Regulation 1998 Schedule 6 (continued) 5 Request, under the Integrated Planning Act, to do any of the following— (a) extend currency period for development approval (s 3.5.22(6)(b)); (b) change development approval, other than changing a condition imposed on the approval (s 3.5.24(4)(a)(ii)); (c) change or cancel a condition imposed on development approval (s 3.5.33(4)(b)) . . . . . . $ 175.00 Part 1A Fees for environmental authorities (petroleum activities) section 44A(1)(c)(i) $ 6 Application for environmental authority (petroleum activities) for a level 1 petroleum activity (Act, s 102 ( d)(ii)) . . . . . . . . . . . . . . . . . . . 233.20 plus an amount equal to the annual fee for the authority 7 Application for environmental authority (petroleum activities) for a level 2 petroleum activity (Act, s 90(d)). . . . . . . . . . . . . . . . . . . . . . . 233.20 8 Amendment application for environmental authority (petroleum activities) (Act, s 120(c)) . . . 175.00 plus an amount equal to the annual fee for the authority

121 Environmental Protection Regulation 1998 Schedule 6 (continued) 9 Transfer application for environmental authority (petroleum activities) (Act, s 130(d)) . . . . . . . . . . $ 56.90 9A Annual fee for environmental authority (petroleum activities) if, under schedule 1, item 21D, any relevant petroleum activity for the authority is a level 1 petroleum activity. . . . . . . . . the higher or highest amount stated in schedule 1 opposite any relevant petroleum activity for the authority Part 2 Fees for environmental authorities (mining activities) section 44A(1)(d)(i) 10 Application for an environmental authority (mining activities) for a level 2 mining project, other than an environmental authority (prospecting) or environmental authority (mining claim) (Act, s 154) . . . . . . . . . . . . . . . . . . . . . . . . . $ 233.20 11 Application for an environmental authority (mining activities) for a level 1 mining project (Act, s 154) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233.20 plus an amount equal to the annual fee for the authority

122 Environmental Protection Regulation 1998 Schedule 6 (continued) $ 12 Amendment application for environmental authority (mining activities) (Act, s 240) . . . . . . . 175.00 plus the amount of the next annual fee for the authority if that amount is not required to be paid under s 240(c)(i) of the Act 12A Transfer application for environmental authority (mining activities) (Act, s 260) . . . . . . . . . . . . . . . 56.90 13 Annual fee for environmental authority (mining activities)— (a) if the authority is for 1 environmentally relevant activity. . . . . . . . . . . . . . . . . . . . . . . . the amount stated, in schedule 1 or item 14, 15 or 16 of this schedule, opposite the activity to which the authority relates (b) if the authority is for 2 or more environmentally relevant activities . . . . . . . . . the higher or highest amount stated, in schedule 1 or item 14, 15 or 16 of this schedule, opposite the activities to which the authority relates 14 Annual fee for an environmental authority (mining activities) for a level 1 mining project carried out using equipment and plant— (a) having a mineral ore throughput of not more than 100000t a year. . . . . . . . . . . . . . . . . . . . . (b) having a mineral ore throughput of more than 100000t, but less than 500000t, a year . . . . . . (c) having a mineral ore throughput of 500000t or more a year or if mineral ores mined are chemically processed to produce concentrates 4 880.00 12 380.00 16 340.00

123 Environmental Protection Regulation 1998 Schedule 6 (continued) 15 Annual fee for an environmental authority (mining activities) for a level 1 mining project involving drilling, costeaning or pitting, or geophysical surveys causing significant disturbance. . . . . . . . . 16 Annual fee for an environmental authority (mining activities) for a level 1 mining project involving investigation of the potential development of a mineral resource by large bulk sampling, exploratory shaft, adit or open pit construction . . . $ 700.00 3 960.00 Part 3 Fees for contaminated land section 51B 19 Consideration of a site investigation report (Act, s 382) in relation to— (a) land that— (i) is used exclusively for residential purposes; and (ii) is not the subject of a development application—each lot . . . . . . . . . . . . . . . (b) any other land—each lot . . . . . . . . . . . . . . . . . 20 Extract from the environmental management register or contaminated land register (Act, s 542(3))—each lot— (a) if the extract is obtained by way of the internet (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 466.60 1 048.00 37.70 44.30

124 Environmental Protection Regulation 1998 Schedule 6A Codes of environmental compliance for chapter 4 activities or aspects of chapter 4 activities section 63AA 1 Code of environmental compliance for certain aspects of extracting rock or other material (ERA 20)—Version 1 2 Code of environmental compliance for certain aspects of mobile and temporary abrasive blasting (ERA 23)—Version 1 3 Code of environmental compliance for certain aspects of mobile and temporary motor vehicle workshops (ERA 28)—Version 1 4 Code of environmental compliance for certain aspects of regulated waste transport (ERA 83)—Version 1

125 Environmental Protection Regulation 1998 Schedule 7 Regulated wastes schedule 9, definition regulated waste abattoir effluent acids and acid solutions adhesives (other than solid inert polymeric materials) alkalis and alkaline solutions antimony arsenic asbestos (all chemical forms) azides barium batteries beryllium biocides boiler blowdown sludge boron cadmium caustic solutions chlorates chromium clinical waste copper compounds detergents distillation residues dyes electroplating effluent and residues filter backwash waters

126 Environmental Protection Regulation 1998 Schedule 7 (continued) filter cake sludges and residues fish processing waste fly ash food processing waste grease interceptor trap effluent and residues halogen compounds (other than solid inert polymeric materials) heat treatment salts heterocyclic organic compounds containing oxygen, nitrogen or sulphur hydrocarbons (oxygen, nitrogen or sulphur) industrial plant wash down waters inks inorganic cyanides and cyanide complexes inorganic sulphur compounds isocyanate compounds (other than solid inert polymeric materials) laboratory chemicals lead lime neutralised sludges lime sludges mercaptans mercury and anything containing mercury metal finishing effluent and residues methacrylate compounds (other than solid inert polymeric materials) nickel nightsoil oil interceptor sludges

127 Environmental Protection Regulation 1998 Schedule 7 (continued) oils oil water emulsions and mixtures organic solvents oxidising agents ozone depleting substances paint sludges and residues perchlorates pesticides petroleum tank sludges phenolic compounds (other than solid inert polymeric materials) phosphorus pickling liquors polychlorinated biphenyls and related substances and anything containing polychlorinated biphenyls or related substances polymeric lattices poultry processing wastes quarantine waste reactive chemicals reducing agents related waste resins (other than solid inert polymeric materials) saline effluent and residues selenium silver compounds solvent recovery residues surfactants tallow

128 Environmental Protection Regulation 1998 Schedule 7 (continued) tannery effluent and residues tars and tarry residues tellurium textile effluent and residues thallium timber preservative effluent and residues treatment tank sludges and residues (including sewage tank sludges and residues) tyres vanadium vegetable oils vehicle wash down waters wool scouring effluent and residues zinc compounds

129 Environmental Protection Regulation 1998 Schedule 8 Ozone depleting substances schedule 9, definition ozone depleting substance Part A Chlorofluorocarbons (CFC’s) Substance Trichorofluoromethane Dichlorodifluoromethane Chlorotrifluoromethane Pentachlorofluoroethane Tetrachlorodifluoroethane Trichlorotrifluoroethane Dichlorotetrafluoroethane Monochloropentafluoroethane Heptachlorofluoropropane Hexachlorodifluoropropane Pentachlorotrifluoropropane Tetrachlorotetrafluoropropane Trichloropentafluoropropane Dichlorohexafluoropropane Monochloroheptafluoropropane Common name CFC-11 CFC-12 CFC-13 CFC-111 CFC-112 CFC-113 CFC-114 CFC-115 CFC-211 CFC-212 CFC-213 CFC-214 CFC-215 CFC-216 CFC-217 Chemical formula CFCl 3 CF 2 Cl 2 CF 3 Cl C 2 FCl 5 C 2 F 2 Cl 4 C 2 F 3 Cl 3 C 2 F 4 Cl 2 C 2 F 5 Cl C 3 FCl 7 C 3 F 2 Cl 6 C 3 F 3 Cl 5 C 3 F 4 Cl 4 C 3 F 5 Cl 3 C 3 F 6 Cl 2 C 3 F 7 Cl

130 Environmental Protection Regulation 1998 Part B Schedule 8 (continued) Halons Substance Bromochlorodifluoromethane Bromotrifluoromethane Dibromotetrafluoroethane Common name Halon 1211 Halon 1301 Halon 2402 Chemical formula CF 2 BrCl CF 3 Br C 2 F 4 Br 2 Part C Hydrochlorofluorocarbons (HCFC’s) Substance Dichlorofluoromethane Monochlorodifluoromethane Monochlorofluoromethane Tetrachlorofluoroethane Trichlorodifluoroethane Dichlorotrifluoroethane Monochlorotetrafluoroethane Trichlorofluoroethane Dichlorodifluoroethane Monochlorotrifluoroethane Dichlorofluoroethane Monochlorodifluoroethane Chlorofluoroethane Hexachlorofluoropropane Pentachlorodifluoropropane Common name HCFC-21 HCFC-22 HCFC-31 HCFC-121 HCFC-122 HCFC-123 HCFC-124 HCFC-131 HCFC-132 HCFC-133 HCFC-141 HCFC-142 HCFC-151 HCFC-221 HCFC-222 Chemical formula CHFCl 2 CHF 2 Cl CH 2 FCl C 2 HFCl 4 C 2 HF 2 Cl 3 C 2 HF 3 Cl 2 C 2 HF 4 Cl C 2 H 2 FCl 3 C 2 H 2 F 2 Cl 2 C 2 H 2 F 3 Cl C 2 H 3 FCl 2 C 2 H 3 F 2 Cl C 2 H 4 FCl C 2 HFCl 6 C 3 HF 2 Cl 5

131 Environmental Protection Regulation 1998 Schedule 8 (continued) Substance Tetrachlorotrifluoropropane Trichlorotetrafluoropropane Dichloropentafluoropropane Monochlorohexafluoropropane Pentachlorofluoropropane Tetrachlorodifluorpropane Trichlorotrifluoropropane Dichlorotetrafluoropropane Monochloropentafluoropropane Tetrachlorofluoropropane Trichlorodifluoropropane Dichlorotrifluoropropane Monochlorotetrafluoropropane Trichlorofluoropropane Dichlorodifluoropropane Monochlorotrifluoropropane Dichlorofluoropropane Monochlorodifluoropropane Monochlorofluoropropane Common name HCFC-223 HCFC-224 HCFC-225 HCFC-226 HCFC-231 HCFC-232 HCFC-233 HCFC-234 HCFC-235 HCFC-241 HCFC-242 HCFC-243 HCFC-244 HCFC-251 HCFC-252 HCFC-253 HCFC-261 HCFC-262 HCFC-271 Chemical formula C 3 HF 3 Cl 4 C 3 HF 4 Cl 3 C 3 HF 5 Cl 2 C 3 HF 6 Cl C 3 H 2 FCl 5 C 3 H 2 F 2 Cl 4 C 3 H 2 F 3 Cl 3 C 3 H 2 F 4 Cl 2 C 3 H 2 F 5 Cl C 3 H 3 FCl 4 C 3 H 3 F 2 Cl 3 C 3 H 3 F 3 Cl 2 C 3 H 3 F 4 Cl C 3 H 4 FCl 3 C 3 H 4 F 2 Cl 2 C 3 H 4 F 3 Cl C 3 H 5 FCl 2 C 3 H 5 F 2 Cl C 3 H 6 FCl

132 Environmental Protection Regulation 1998 Part D Schedule 8 (continued) Miscellaneous controlled substances Substance Tetrachloromethane 1, 1, 1 – Trichloroethane Common name Carbon tetrachloride Methyl Chloroform Chemical formula CCl 4 C 2 H 3 Cl 3

133 Environmental Protection Regulation 1998 Schedule 8A Prescribed organisations for contaminated land matters section 63C 1 Australasian Radiation Protection Society 2 Australian Institute of Agricultural Science and Technology 3 Australian Institute of Environmental Health 4 Australian Institute of Geoscientists 5 Australian Society of Soil Science 6 Environment Institute of Australia and New Zealand 7 Institute of Explosives Engineers 8 Institution of Chemical Engineers Australia 9 Institution of Engineering and Mining Surveyors Australia 10 Planning Institute of Australia 11 South Pacific Environmental Radioactivity Association 12 The Australasian Institute of Mining and Metallurgy 13 Engineers Australia 14 The Institution of Surveyors Australia 15 The Royal Australian Chemical Institute

134 Environmental Protection Regulation 1998 Schedule 8B Areas of local governments forming scheduled areas schedule 9, definition scheduled area Aramac, Aurukun, Badu Island, Balonne, Bamaga Island, Barcaldine, Barcoo, Bauhinia, Bendemere, Biggenden, Blackall, Boigu Island, Booringa, Boulia, Bulloo, Bungil, Burke, Cambooya, Carpentaria, Cherbourg, Chinchilla, Clifton, Cloncurry, Coconut Island, Cook, Croydon, Dalrymple, Darnley Island, Dauan Island, Diamantina, Doomadgee, Eidsvold, Etheridge, Flinders, Gayndah, Goondiwindi, Hammond Island, Hope Vale, Ilfracombe, Inglewood, Injinoo, Isisford, Jericho, Kilcoy, Kilkivan, Kolan, Kowanyama, Kubin Island, Lockhart River, Longreach, Mabuiag Island, Mapoon, McKinlay, Millmerran, Monto, Mornington, Mount Isa, Mount Morgan, Mundubberra, Murgon, Murilla, Murray Island, Murweh, Napranum, Nebo, New Mapoon, Paroo, Peak Downs, Perry, Pittsworth, Pormpuraaw, Quilpie, Richmond, Roma, Saibai Island, Seisia Island, Stephen Island, St Pauls Island, Sue Island, Tambo, Tara, Taroom, Tiaro, Torres, Umagico, Waggamba, Wambo, Warroo, Weipa, Winton, Wondai, Woocoo, Woorabinda, Wujal Wujal, Yam Island, Yarrabah, Yorke Island

135 Environmental Protection Regulation 1998 Schedule 8C Prescribed periods under Act section 63B Part 1 Prescribed periods for chapter 3 1 Advice to chief executive about draft terms of reference—Act, s 45 For section 45, the period 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. 2 Finalising terms of reference—Act, s 46 For section 46, the period is the later of the following periods to end— (a) 20 business days after the giving of the documents mentioned in section 45; (b) if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period. 3 Decision on whether to allow EIS to proceed—Act, s 49 For section 49(1), the period is the later of the following periods to end— (a) 20 business days after the EIS is submitted;

136 Environmental Protection Regulation 1998 Schedule 8C (continued) (b) if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period. Part 2 Prescribed periods for chapter 5 Division 1 Environmental authority (mining claim) applications 4 Decision to refuse or allow to proceed—Act, s 173 For section 173(1), the period is 5 business days after the administering authority receives the application. 5 Giving draft environmental authority—Act, s 175 For section 175(2), the period is the later of the following periods to end— (a) 5 business days after the refusal period ends; (b) if additional conditions have been requested under section 176—10 business days after the last request for additional conditions; (c) if the applicant and the administering authority have, within the later of the periods under paragraph (a) or (b) to end, agreed to a longer period for the preparation of the draft—the longer period.

137 Environmental Protection Regulation 1998 Division 2 Schedule 8C (continued) Environmental authority (exploration) and environmental authority (mineral development) applications 7 Assessment period for EM plan assessment report—Act, s 191 (1) For section 191(2), subject to subsection (2), the period is the later of the following periods to end— (a) 30 business days after the environmental management plan is submitted; (b) if the applicant has amended the plan within the 30 business days—30 business days after the EM plan amendment notice for the amendment is given to the administering authority. (2) However, if the applicant and administering authority have agreed, in writing, to a shorter period, the period is the shorter period. 8 Decision period—Act, s 193 For section 193(1), the period is 10 business days after the later of the following events to happen— (a) if an EIS requirement has been made for the application—the completion of the EIS process; (b) the end of the assessment period under section 191(2). Division 3 Environmental authority (mining lease) applications 9 Assessment period for EM plan assessment report—Act, s 205 (1) For section 205(3), subject to subsections (2) and (3), the period is the later of the following periods to end—

138 Environmental Protection Regulation 1998 Schedule 8C (continued) (a) 30 business days after the environmental management plan is submitted; (b) if the applicant has amended the plan within the 30 business days—30 business days after the EM plan amendment notice for the amendment is given to the administering authority. (2) However, if the applicant and administering authority have agreed, in writing, to a shorter period, the period is the shorter period. (3) Despite subsections (1) and (2), if the EM plan assessment report is, under section 205(4) of the Act, included in an EIS assessment report, the period is the period applying to the EIS assessment report under section 57(2) of the Act. 10 Decision to refuse or allow to proceed—Act, s 207 For section 207(1), the prescribed period is 10 business days after the last of the following events to happen— (a) if an EIS requirement has been made for the application—the completion of the EIS process; (b) the end of the assessment period; (c) if, before the end of the assessment period, a relevant mining tenement has, under the State Development Act, part 4, been declared to be, or include, a significant project—the preparation of the coordinator-general’s report evaluating the EIS for the project under section 35 of that Act; (d) if an EIS assessment report or EM plan assessment report states that a submitted EM plan does not comply with section 203 of the Act—an EM plan assessment report is given to the applicant about the submitted EM plan, after it has been amended, stating that it complies with section 203 of the Act.

139 Environmental Protection Regulation 1998 Division 4 Schedule 8C (continued) Amendment applications 11 Assessment level decision—Act, s 246 For section 246(1), the period is 10 business days after the administering authority receives the application. 12 Deciding application—Act, s 257 For section 257(1), the period is 20 business days after the administering authority receives the application. Division 5 Surrender applications 13 When surrender required—Act, s 270 For section 270(3), the period is the following number of days before the relevant mining tenement is, according to its conditions, to end other than by cancellation— (a) if the relevant mining tenement is a mining claim—30 business days; (b) if the relevant mining tenement is an exploration permit or mineral development licence—60 business days; (c) if the relevant mining tenement is a mining lease—90 business days. 14 FRR assessment report period—Act, s 276 For section 276(2), the period is the later of the following periods to end— (a) 30 business days after the final rehabilitation report is submitted; (b) if the applicant has amended the report within the 30 business days—30 business days after the FRR amendment notice for the amendment is given to the administering authority.

140 Environmental Protection Regulation 1998 Schedule 8C (continued) 15 Deciding application—Act, s 277 For section 277, the period is the later of the following periods to end— (a) 40 business days after the final rehabilitation report is submitted; (b) if the applicant has amended the report—40 business days after the FRR amendment notice for the amendment is given to the administering authority; (c) if the relevant mining tenement is an exploration permit or mineral development licence—60 business days after the relevant mining tenement ends; (d) if the relevant mining tenement is a mining lease—90 business days after the relevant mining tenement ends.

141 Environmental Protection Regulation 1998 Schedule 9 Dictionary section 3 action has the meaning given by the Commonwealth Environment Act, chapter 8, part 23, division 1, subdivision A. activity , for part 4, division 3, subdivision 4, see section 48C. affected building , for noise, for part 2A, see section 6D. anniversary changeover application , for part 4, division 3, see section 44. annual fee component , of an application fee, means the part of the application fee that is equal to the amount of the annual fee for the registration certificate or environmental authority for which the application fee is payable. ANZECC means the Australian and New Zealand Environment and Conservation Council. aquaculture , for schedule 1, item 1, does not include cultivating or holding organisms in an aquaria. AS 1055 , for part 2A, see section 6D. ASTM , for part 3C, see section 38ZJ. at , a place or premises, for part 2A, see section 6D. audible noise , for part 2A, see section 6E. background noise level , for part 2A, see section 6D. bed , of any waters, for schedule 1, item 19— (a) includes an area covered, permanently or intermittently, by tidal waters; but (b) does not include an area of dry land that is occasionally covered by flood waters. builder , for part 2A, see section 6D. building , for part 2A, see section 6D.

142 Environmental Protection Regulation 1998 Schedule 9 (continued) Building Code of Australia means the Building Code of Australia including the Queensland Appendix, made by the Australian Building Codes Board. building contractor , for part 2A, see section 6D. building site , for part 2A, see section 6D. building work , for part 2A, see section 6D buy includes— (a) acquire by exchange; and (b) accept under an agreement; and (c) agree, offer or attempt to buy. chemical means— (a) an agricultural chemical product or veterinary chemical product within the meaning of the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth); or (b) a dangerous good under the dangerous goods code; or (d) a drug or poison in the Standard for the Uniform Scheduling of Drugs and Poisons prepared by the Australian Health Ministers’ Advisory Council and published by the Commonwealth; or (e) any substance used as, or intended for use as— (i) a pesticide, insecticide, fungicide, herbicide, rodenticide, nematocide, miticide, fumigant or related product; or (ii) a surface active agent, including, for example, soap and detergent; or (iii) a paint solvent, pigment, dye, printing ink, industrial polish, adhesive, sealant, food additive, bleach, sanitiser, disinfectant, or biocide; or (iv) a fertiliser for agricultural, horticultural or garden use (other than mushroom growing substrate or compost mentioned in schedule 1, item 46 or 53); or

143 Environmental Protection Regulation 1998 Schedule 9 (continued) (f) a substance used for, or intended for use for— (i) mineral processing or treatment of metal, pulp and paper, textile, timber, water or wastewater; or (ii) manufacture of plastic or synthetic rubber. chemical storage , for schedule 1, item 7, does not include in-transit storage of a chemical. clinical waste means waste that has the potential to cause disease, including, for example, the following— (a) animal waste; (b) discarded sharps; (c) human tissue waste; (d) laboratory waste. commercial , for an activity mentioned in schedule 1, means carried out for a fee or reward. Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act. complainant , for part 2A, see section 6D. controlling provision , for a project, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the project under that Act, chapter 4, part 7, division 2. council means the National Environment Protection Council under the National Environment Protection Council (Queensland) Act 1994 . dangerous goods code means the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail. designated proponent , for a project, means the person designated as a proponent for the action the subject of the project under the Commonwealth Environment Act, section 75(3).

144 Environmental Protection Regulation 1998 Schedule 9 (continued) devolved activity means an environmentally relevant activity in relation to which the administration and enforcement of the Act is devolved to local government. 42 distribute , for part 3C, see section 38ZJ. dredging , for schedule 1, item 19, does not include any of the following— (a) dredging of underground waters; (b) removing less than 250m 3 of material from a site; (c) constructing canals or drains from dry land; (d) removing accumulated sediment from concrete lined drains or sediment traps; (e) removing sediment from a site, that is not under water, to help storm water flow over land. educational institution , for part 2A, see section 6D. emission , for a substance— (a) for part 2A, see section 6D; or (b) for part 3A, see section 38B. emission data , for a substance, for part 3A, see section 38B. equivalent person , for schedule 1, item 15, means an equivalent person under volume 1, section 2 of the ‘Guidelines for Planning and Design of Sewerage Schemes’, October 1991, published by the Water Resources Commission, Department of Primary Industries, Fisheries and Forestry. estimation technique , for part 3A, see section 38B. ETBE , for part 3C, see section 38ZJ. extracting , for schedule 1, item 20, does not include— (a) extracting material from land if— 42 See section 40 (Devolution of powers—other activities).

145 Environmental Protection Regulation 1998 Schedule 9 (continued) (i) the primary purpose of the extraction is not to gain the material; and (ii) less than 1500m 3 of materials is extracted or the surface area of the land is less than 5200m 2 ; or (b) extracting material in the course of cutting and filling land for constructing a road or railway; or (c) extracting material from a road reserve under the Land Act 1994 if— (i) the material is to be used for constructing or maintaining a road; and (ii) less than 5000t of material is extracted in the relevant year. facility for— (a) part 3A, see section 38D; or (b) an environmentally relevant activity, means a premises or other place used for the activity, and includes— (i) for schedule 1, item 75—a naturally occurring or constructed hollow or pit, including, for example, a gully, mining shaft or quarry (other than a hollow or pit on a farm used for receiving and disposing of general waste produced on the farm); and (ii) for schedule 1, item 76(a)—a fixed or mobile apparatus for blowing air into a hole in the ground to facilitate the incineration of vegetation. general emission criteria , for part 2A, means the general emission criteria under section 6S. general waste means waste other than regulated waste. import , for part 3C, see section 38ZJ. indoor venue , for part 2A, see section 6D.

146 Environmental Protection Regulation 1998 Schedule 9 (continued) industry code , for an activity, means the industry code assigned to the activity under ‘Australian and New Zealand Standard Industrial Classification’, 1993. 43 industry handbook , for a facility, for part 3A, see section 38B. interim year for part 4, division 3, see section 44. licensed premises , for part 2A, see section 6D. licensed vehicle , for transporting regulated waste, means a vehicle authorised to be used for transporting the waste under the required authority. limited regulated waste , for schedule 1, item 75(a), means any of the following regulated wastes, asbestos, clinical waste or quarantine waste that has been rendered non-infectious, fish processing waste, food processing waste, poultry processing waste, tyres or treatment tank sludge or residue produced in the carrying out of an activity mentioned in item 15 or 16. low volatility zone , for part 3C, see section 38ZJ. manufacture , for part 3C, see section 38ZJ. mechanical component , of a motor vehicle, includes brakes, clutch, differential, gearbox, transmission and other drive-train equipment, combustion engine and hydraulic equipment of the vehicle, but does not include an auto electrical, exhaust or suspension component of the vehicle, wheels or tyres of the vehicle or another component necessary for maintaining the vehicle’s wheel alignment. motor race means a race involving vehicles propelled by a motor, or a practice or time trial for a race involving vehicles propelled by a motor, conducted on a racing track or circuit. motor vehicle means— (a) a vehicle, that is propelled by a motor that forms part of the vehicle and moves on wheels, other than a train or 43 The document is published by the Australian Bureau of Statistics.

147 Environmental Protection Regulation 1998 Schedule 9 (continued) tram; or (b) a hovercraft. motor vehicle mechanical or panel repairs means maintaining, servicing, tuning, reconditioning or repairing— (a) mechanical components of motor vehicles; or (b) motor vehicle engine cooling radiators; or (c) motor vehicle body panels (other than windscreens, window glasses, upholstery and interior trimmings), including, for example, panel beating, rust proofing and spray painting other than minor scratch, chip and dent repairs carried out using a brush, air brush or paintless method; or (d) motor vehicles by way of car detailing or washing other than if all washdown water arising from the carrying out of the activity is lawfully discharged to a sewer. MTBE , for part 3C, see section 38ZJ. noise emission criteria , for part 2A, means the noise emission criteria under section 6T. noise offence , for part 2A, means an offence against part 2A, division 4. noise offence exemption , for part 2A, see section 6ZG(1). noise policy means the Environmental Protection (Noise) Policy 1997 . non-devolved activity means an environmentally relevant activity in relation to which the administration and enforcement of the Act is not devolved to local government. non-domestic waste means industrial or commercial waste. NPIM , for part 3A, see section 38B. nuisance abatement notice , for part 2A, means a nuisance abatement notice given under part 2A, division 3. nuisance complaint , for part 2A, see section 6D. occupier , for a facility, for part 3A, see section 38B.

148 Environmental Protection Regulation 1998 Schedule 9 (continued) offshore facility , for part 3A, see section 38E. open-air event , for part 2A, see section 6D. ozone depleting substance means a substance mentioned in schedule 8. plastic includes blown plastic foam and fibre reinforced plastic. port authority see the Transport Infrastructure Act 1994 , schedule 6. power boat , for part 2A, see section 6D. prescribed annual fee amount , for a registration certificate or development application, means— (a) if the certificate or application includes only 1 chapter 4 activity—the amount stated in schedule 1 opposite the activity; or (b) otherwise—an amount equal to the higher or highest of the amounts stated in schedule 1 opposite the chapter 4 activities included in the certificate or application. prescribed authorit y for part 4, division 3, see section 44. prescribed environmentally relevant activity means an activity prescribed as an environmentally relevant activity under section 4(1). published , for part 3A, see section 38B. quarantine waste means quarantine waste material under the ‘Draft Guidelines for the storage, collection, disposal and monitoring of quarantine waste’, 1993, published by the Australian Quarantine and Inspection Service. railway , for part 2A, see section 6D. regulated waste means non-domestic waste mentioned in schedule 7 (whether or not it has been treated or immobilised), and includes— (a) for an element—any chemical compound containing the element; and (b) anything that has contained the waste.

149 Environmental Protection Regulation 1998 Schedule 9 (continued) Reid vapour pressure , for part 3C, see section 38ZJ. rejection notice , for part 2A, see section 6M(3). related waste means waste that constitutes, or is contaminated with, chemicals, cytotoxic drugs, human body parts, pharmaceutical products or radioactive substances. relevant authority , for part 4, division 3, subdivision 4, see section 48C. relevant impacts , for part 1A and schedule 1AA, means the impacts a project has or will have, or is likely to have, on the matter protected by a controlling provision for the project. relevant nuisance complaint , for an emission, for part 2A, see section 6D. reporting facility , for part 3A, see section 38B. reporting period , for a facility, for part 3A, see section 38B. reporting requirement , for an occupier, for part 3A, see section 38B. required authority , for an environmentally relevant activity, means any of the following required under the Act for the activity— (a) for a chapter 4 activity— (i) a registration certificate; and (ii) if the activity is not subject to a code of environmental compliance—a development approval; (b) for a mining or petroleum activity—an environmental authority. responsible person , for an emission, for part 2A, see section 6D. scheduled area means a local government area mentioned in schedule 8B. secondary wooden product includes plywood, chipboard, veneer and laminated timber.

s 15 150 s 15 Environmental Protection Regulation 1998 sell includes— (a) exchange or supply; and (b) agree, offer or attempt to sell. sewage treatment works includes pump stations and other ancillary works. source noise , for part 2A, see section 6ZN. special sewage treatment works means sewage treatment works that do not release solid or liquid contaminants to ground water or outside the boundary of the works regardless of its peak design capacity. standard cattle unit , for schedule 1, item 2, has the meaning given by the ‘National Guidelines for Beef Cattle Feedlots in Australia’, 2nd edition, prepared by the Standing Committee on Agriculture and Resource Management. standard pig unit , for schedule 1, item 3, means the equivalent of a grower pig of 40kg. standard sewage treatment works means sewage treatment works other than special sewage treatment works. substance , for part 3A, see section 38F. summer period , for part 3C, see section 38ZJ. TAME , for part 3C, see section 38ZJ. unlawful environmental nuisance , for part 2A, see part 2A, division 1, subdivision 4. untreated clinical waste includes clinical waste that has been only partly treated. waiver application see section 49(1). waste incineration facility means a facility for incinerating waste. works , for an environmentally relevant activity, includes a vehicle on which the activity is carried out.

151 Environmental Protection Regulation 1998 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .158 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 1 September 2008. Future amendments of the Environmental Protection Regulation 1998 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 num 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 = numbered = 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

152 Environmental Protection Regulation 1998 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 1C 1D 2 2A 2B 3 3A rv 3B rv 3C rv Amendments to 1998 SL No. 179 1998 SL No. 316 1998 SL No. 358 1999 SL No. 208 1999 SL No. 320 1999 SL No. 320 2000 SL No. 179 2000 SL No. 321 2000 SL No. 351 2001 SL No. 211 2001 SL No. 284 2002 SL No. 160 Effective Reprint date 6 July 1998 27 November 1998 18 December 1998 10 September 1999 10 December 1999 10 December 1999 14 July 2000 8 December 2000 1 January 2001 1 January 2002 21 December 2001 28 June 2002 6 July 1998 30 November 1998 4 January 1999 24 September 1999 16 December 1999 20 January 2000 14 July 2000 14 December 2000 2 January 2001 4 January 2002 11 January 2002 28 June 2002 Reprint No. 3D rv 3E rv 3F rv 4 2rv 4A rv 4B 4C 4D 4E rv 4F rv 4G rv 5 5A 5B 5C 5D 5E 5F 5G 6 6A 6B 6C 6D Amendments included 2002 SL No. 291 2002 SL No. 324 2002 SL No. 324 — 2003 SL No. 138 2003 Act No. 63 2004 SL No. 104 2004 SL No. 116 2004 SL No. 209 2004 SL No. 238 2004 SL No. 316 — 2005 SL No. 152 2005 SL No. 162 2005 SL No. 322 2006 SL No. 115 2006 SL No. 115 2006 SL No. 164 2006 SL No. 223 2006 SL No. 246 — 2007 SL No. 133 2007 SL No. 159 2007 SL No. 217 2008 SL No. 21 Effective 1 November 2002 6 December 2002 1 January 2003 1 January 2003 27 June 2003 1 January 2004 25 June 2004 2 July 2004 4 October 2004 5 November 2004 1 January 2005 1 January 2005 1 July 2005 15 July 2005 16 December 2005 2 June 2006 1 July 2006 31 August 2006 30 October 2006 30 October 2006 22 June 2007 1 July 2007 31 August 2007 8 February 2008 Notes R3F rv withdrawn, see R4 2rv Revision notices issued for R4 R4G rv withdrawn, see R5 R5G withdrawn, see R6

153 Environmental Protection Regulation 1998 Reprint No. 6E 6F 6G 6H 7 7A 7B 7C Amendments included 2008 SL No. 13 2008 SL No. 74 2008 SL No. 81 2008 SL No. 99 — 2008 SL No. 207 2008 SL No. 216 2008 SL No. 283 Effective 11 February 2008 31 March 2008 1 April 2008 18 April 2008 18 April 2008 1 July 2008 4 July 2008 1 September 2008 Notes R6H withdrawn, see R7 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 1 6 List of legislation Environmental Protection Regulation 1998 SL No. 29 made by the Governor in Council on 26 February 1998 notfd gaz 27 February 1998 pp 884–6 ss 1–2 commenced on date of notification pt 5 div 5 commenced 1 July 1998 (see s 2(1)) sch 1 amdt 38 was to commence 1 July 2004 (see s 2 sub 1999 SL No. 320 s 3; amd 2000 SL No. 321 s 3; 2002 SL No. 160 s 3; 2003 SL No. 138 s 3) (amdt could not be given effect) sch 1 item 39 never commenced and om 2002 SL No. 160 s 4(2) remaining provisions commenced 1 March 1998 (see s 2(3)) exp 31 August 2009 (see SIA s 56A(1)(a)(i) and SIR s 5 sch 3) Notes—(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) (prev 272(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 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

154 Environmental Protection Regulation 1998 Environmental Protection Amendment Regulation (No. 1) 1998 SL No. 179 notfd gaz 29 May 1998 pp 656–7 ss 4, 9, 10 (so far as it relates to the ins of new s 44A), 12, 14, 18 (so far as it relates to the om of sch 6 and the ins of new sch 6, pt 1) and 21(2) (so far as it relates to the ins of the def “material change of use”) commenced 1 July 1998 (see s 2(1)) ss 10 (so far as it relates to the ins of new s 44B), 13, 15, 18 (so far as it relates to the ins of new sch 6, pt 2) and 19 commenced 6 July 1998 (see s 2(2)) remaining provisions commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 1998 SL No. 316 notfd gaz 27 November 1998 pp 1180–1 commenced on date of notification Environmental Protection Amendment Regulation (No. 3) 1998 SL No. 358 notfd gaz 18 December 1998 pp 1551–7 commenced on date of notification Environmental Protection Amendment Regulation (No. 1) 1999 SL No. 208 notfd gaz 10 September 1999 pp 180–3 commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 1999 SL No. 297 pts 1–2 notfd gaz 26 November 1999 pp 1268–70 commenced on date of notification Note—A regulatory impact statement and explanatory note were prepared Environmental Protection Amendment Regulation (No. 3) 1999 SL No. 320 notfd gaz 10 December 1999 pp 1448–50 commenced on date of notification Environmental Protection Amendment Regulation (No. 1) 2000 SL No. 162 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Note—An explanatory note was prepared Environmental Protection Amendment Regulation (No. 2) 2000 SL No. 163 notfd gaz 30 June 2000 pp 736–48 commenced on date of notification Environmental Protection (Waste Management) Regulation 2000 SL No. 178 ss 1, 2(5) pt 9 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2(5)) Note—A regulatory impact statement and explanatory note were prepared Environmental Protection Amendment Regulation (No. 3) 2000 SL No. 179 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 14 July 2000 (see s 2) Note—An explanatory note was prepared

155 Environmental Protection Regulation 1998 Environmental Protection Amendment Regulation (No. 4) 2000 SL No. 321 notfd gaz 8 December 2000 pp 1374–7 commenced on date of notification Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2000 SL No. 351 pts 1–2 notfd gaz 15 December 2000 pp 1478–83 ss 1–2, 35 (to the extent it ins s 63A) commenced on date of notification remaining provisions commenced 1 January 2001 (see s 2) Note—An explanatory note was prepared Education (Accreditation of Non-State Schools) Regulation 2001 SL No. 211 ss 1–2, 22 notfd gaz 23 November 2001 pp 1088–91 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2002 (see s 2) Environmental Protection Amendment Regulation (No. 1) 2001 SL No. 284 notfd gaz 21 December 2001 pp 1482–8 commenced on date of notification Environmental Protection Amendment Regulation (No. 1) 2002 SL No. 160 notfd gaz 28 June 2002 pp 876–83 commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 2002 SL No. 291 notfd gaz 1 November 2002 pp 759–62 commenced on date of notification Environmental Protection Amendment Regulation (No. 3) 2002 SL No. 324 notfd gaz 6 December 2002 pp 1162–6 ss 1–2, 16(4) commenced on date of notification remaining provisions commenced 1 January 2003 (see s 2) Environmental Protection Amendment Regulation (No. 1) 2003 SL No. 138 notfd gaz 27 June 2003 pp 749–56 commenced on date of notification Training Reform Act 2003 No. 63 ss 1, 2(2), 60 sch date of assent 13 October 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2004 (2003 SL No. 293) Environmental Protection Amendment Regulation (No. 1) 2004 SL No. 104 notfd gaz 25 June 2004 pp 573–81 commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2004 SL No. 116 pts 1–2 notfd gaz 2 July 2004 pp 705–7 ss 1–2 commenced on date of notification remaining provisions commenced 2 July 2004 (see s 2) Environmental Protection Legislation Amendment Regulation (No. 1) 2004 SL No. 209 pts 1–2 notfd gaz 1 October 2004 pp 393–5

156 Environmental Protection Regulation 1998 ss 1–2 commenced on date of notification remaining provisions commenced 4 October 2004 (see s 2) Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1) 2004 SL No. 238 pts 1–2 notfd gaz 5 November 2004 pp 813–15 commenced on date of notification Note—A regulatory impact statement and explanatory note were prepared Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2004 SL No. 316 ss 1–2(1), pt 3 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2(1)) Environmental Legislation Amendment Regulation (No. 1) 2005 SL No. 152 pts 1, 3 notfd gaz 1 July 2005 pp 763–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Environmental Protection Amendment Regulation (No. 1) 2005 SL No. 162 notfd gaz 15 July 2005 pp 906–7 commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 2005 SL No. 322 notfd gaz 16 December 2005 pp 1490–6 commenced on date of notification Environmental Protection Amendment Regulation (No. 1) 2006 SL No. 115 notfd gaz 2 June 2006 pp 572–6 s 9 commenced 1 July 2006 (see s 2) remaining provisions commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2006 SL No. 164 pts 1, 3 notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Marine Parks Regulation 2006 SL No. 223 ss 1–2, pt 12 div 1 notfd gaz 18 August 2006 pp 1821–5 ss 1–2 commenced on date of notification remaining provisions commenced 31 August 2006 (see s 2) Notes—(1) A regulatory impact statement and explanatory note were prepared (2) See 2006 SL No. 222 for the regulatory impact statement Education (General Provisions) Regulation 2006 SL No. 246 ss 1, 2(3), 90(1) sch 1 notfd gaz 6 October 2006 pp 577–80 ss 1–2 commenced on date of notification remaining provisions commenced 30 October 2006 (see s 2(3)) Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 133 pts 1–2 notfd gaz 22 June 2007 pp 1018–20 commenced on date of notification

157 Environmental Protection Regulation 1998 Environmental Protection Legislation Amendment Regulation (No. 1) 2007 SL No. 159 pts 1, 3 notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Environmental Protection Legislation Amendment and Repeal Regulation (No. 1) 2007 SL No. 217 pts 1–2, s 2 sch notfd gaz 31 August 2007 pp 2326–7 commenced on date of notification Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 13 pts 1–2 notfd gaz 1 February 2008 pp 465–7 ss 1–2 commenced on date of notification remaining provisions commenced 11 February 2008 (see s 2) Environmental Protection Legislation Amendment Regulation (No. 1) 2008 SL No. 21 pts 1–2 notfd gaz 8 February 2008 pp 588–9 commenced on date of notification Queensland Heritage and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 74 pts 1, 3 notfd gaz 20 March 2008 pp 1598–9 ss 1–2 commenced on date of notification remaining provisions commenced 31 March 2008 (see s 2) Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 81 pts 1, 6 notfd gaz 28 March 2008 pp 1721–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2008 (see s 2) Environmental Protection Amendment Regulation (No. 1) 2008 SL No. 99 notfd gaz 18 April 2008 pp 2085–8 ss 1–2 commenced on date of notification remaining provisions commenced 18 April 2008 (see s 2) Environmental Protection Legislation Amendment Regulation (No. 2) 2008 SL No. 207 pts 1, 3 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Environmental Protection Legislation Amendment Regulation (No. 3) 2008 SL No. 216 pts 1–2 notfd gaz 4 July 2008 pp 1420–21 commenced on date of notification Workplace Health and Safety Regulation 2008 SL No. 283 ss 1–2, 377 sch 17 notfd gaz 29 August 2008 pp 2831–5 ss 1–2 commenced on date of notification

158 Environmental Protection Regulation 1998 remaining provisions commenced 1 September 2008 (see s 2) Note— Two regulatory impact statements and an explanatory note were prepared 7 List of annotations Commencement s 2 amd 1998 SL No. 358 s 3; 2000 SL No. 321 s 3 sub 1999 SL No. 320 s 3; 2002 SL No. 160 s 3 amd 2003 SL No. 138 s 2 om 2004 SL No. 104 s 3 PART 1A—ENVIRONMENTAL IMPACT STATEMENTS pt hdg ins 2001 SL No. 284 s 3 Division 1—Preliminary div hdg ins 2001 SL No. 284 s 3 Types of project requiring Commonwealth or State authority approval s 3A ins 2001 SL No. 284 s 3 amd 2006 SL No. 115 s 4 Division 2—EIS process div hdg ins 2001 SL No. 284 s 3 Application of div 2 s 3B ins 2001 SL No. 284 s 3 amd 2007 SL No. 217 s 2 sch Prescribed matters for draft terms of reference—Act, s 41(2)(c) s 3C ins 2001 SL No. 284 s 3 Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g) s 3D ins 2001 SL No. 284 s 3 amd 2007 SL No. 217 s 2 sch Prescribed way for publishing TOR notice and EIS notice s 3E ins 2001 SL No. 284 s 3 EIS assessment report—Act, s 59(e) s 3F ins 2001 SL No. 284 s 3 amd 2007 SL No. 133 s 3 Levels 1 and 2 prescribed environmentally relevant activities s 4 amd 2000 SL No. 351 s 4; 2001 SL No. 284 s 4 Approval required to carry out level 2 environmentally relevant activity s 5 amd 1998 SL No. 179 s 4 om 2000 SL No. 351 s 5 Prescribed criteria—Act, s 151 prov hdg amd 2000 Act No. 64 s 617(2) s 6 sub 2000 SL No. 351 s 5 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) sub 2004 SL No. 316 s 12

159 Environmental Protection Regulation 1998 Environmentally relevant activity—waste disposal s 6A ins 1998 SL No. 179 s 5 amd 2000 SL No. 178 s 75 PART 2A—ENVIRONMENTAL NUISANCE pt hdg ins 1999 SL No. 297 s 4 Division 1—Preliminary div hdg ins 1999 SL No. 297 s 4 Subdivision 1—Object of part and its achievement sdiv hdg ins 1999 SL No. 297 s 4 Object of pt 2A s 6B ins 1999 SL No. 297 s 4 How object is achieved s 6C ins 1999 SL No. 297 s 4 Subdivision 2—Standard definitions sdiv hdg ins 1999 SL No. 297 s 4 Definitions for pt 2A s 6D ins 1999 SL No. 297 s 4 def “educational institution” amd 2001 SL No. 211 s 22(2); 2001 SL No. 284 s 5; 2003 Act No. 63 s 60 sch; 2006 SL No. 246 s 90(1) sch 1; 2008 SL No. 81 s 33 Subdivision 3—Meaning of audible noise sdiv hdg ins 1999 SL No. 297 s 4 Meaning of “audible noise” s 6E ins 1999 SL No. 297 s 4 Subdivision 4—Meaning of unlawful environmental nuisance sdiv hdg ins 1999 SL No. 297 s 4 General definition s 6F ins 1999 SL No. 297 s 4 amd 2000 SL No. 178 s 76; 2004 SL No. 209 s 4; 2008 SL No. 21 s 3 Animal noise exclusion s 6G ins 1999 SL No. 297 s 4 Audible traffic signal noise exclusion s 6H ins 1999 SL No. 297 s 4 Blasting noise exclusion s 6I ins 1999 SL No. 297 s 4 Outdoor shooting range noise exclusion s 6J ins 1999 SL No. 297 s 4 Cooking odour exclusion s 6K ins 1999 SL No. 297 s 4 Division 2—Investigation of unlawful environmental nuisance div hdg ins 1999 SL No. 297 s 4

160 Environmental Protection Regulation 1998 Subdivision 1—Nuisance complaints sdiv hdg ins 1999 SL No. 297 s 4 How nuisance complaint may be made s 6L ins 1999 SL No. 297 s 4 Frivolous, vexatious or mistaken complaints s 6M ins 1999 SL No. 297 s 4 amd 2000 SL No. 351 s 6 Subdivision 2—Investigations sdiv 2 (ss 6N–6P) ins 1999 SL No. 297 s 4 Division 3—Nuisance abatement notices div hdg ins 1999 SL No. 297 s 4 Subdivision 1—When nuisance abatement notice may be given sdiv hdg ins 1999 SL No. 297 s 4 Conditions for giving nuisance abatement notice s 6Q ins 1999 SL No. 297 s 4 Restrictions s 6R ins 1999 SL No. 297 s 4 amd 2004 SL No. 209 s 5 Subdivision 2—Emission criteria sdiv 2 (ss 6S–6T) ins 1999 SL No. 297 s 4 Subdivision 3—Requirements for nuisance abatement notices Requirements s 6U ins 1999 SL No. 297 s 4 amd 2000 SL No. 351 s 7 Subdivision 4—Compliance with nuisance abatement notices Failure to comply with nuisance abatement notice s 6V ins 1999 SL No. 297 s 4 Division 4—Noise offences div hdg ins 1999 SL No. 297 s 4 Building work s 6W ins 1999 SL No. 297 s 4 Regulated devices s 6X ins 1999 SL No. 297 s 4 amd 2007 SL No. 217 s 2 sch Spa blowers and pool pumps s 6Y ins 1999 SL No. 297 s 4 Airconditioning equipment s 6Z ins 1999 SL No. 297 s 4 Refrigeration equipment s 6ZA ins 1999 SL No. 297 s 4

161 Environmental Protection Regulation 1998 Indoor venues s 6ZB ins 1999 SL No. 297 s 4 Open-air events s 6ZC ins 1999 SL No. 297 s 4 Amplifier devices, other than at indoor venue or open-air event s 6ZD ins 1999 SL No. 297 s 4 Power boat sports in waterway s 6ZE ins 1999 SL No. 297 s 4 Operating power boat engine at premises s 6ZF ins 1999 SL No. 297 s 4 Subdivision 2—Exemptions sdiv hdg ins 1999 SL No. 297 s 4 Operation of sdiv 2 s 6ZG ins 1999 SL No. 297 s 4 Compliance with general environmental duty s 6ZH ins 1999 SL No. 297 s 4 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) Lawful environmental nuisance s 6ZI ins 1999 SL No. 297 s 4 Certain environmentally relevant activities s 6ZJ ins 1999 SL No. 297 s 4 amd 2004 SL No. 209 s 6 Compliance with certain instruments under Act or a local law s 6ZK ins 1999 SL No. 297 s 4 Subdivision 3—Proceedings for noise offences sdiv 3 (ss 6ZL–6ZM) ins 1999 SL No. 297 s 4 Division 5—Measurement of noise div 5 (ss 6ZN–6ZS) ins 1999 SL No. 297 s 4 Division 6—Miscellaneous div 6 (ss 6ZT–6ZU) ins 1999 SL No. 297 s 4 PART 3—OZONE DEPLETING SUBSTANCES pt hdg om 2007 SL No. 133 s 4 Division 1—Controlled articles div 1 (ss 7–10) om 2007 SL No. 133 s 4 Division 2—Controlled articles div hdg om 2007 SL No. 133 s 4 Subdivision 1—Restriction on dealing with controlled substances sdiv hdg om 2007 SL No. 133 s 4

162 Environmental Protection Regulation 1998 Release of controlled substance s 11 amd 1998 SL No. 316 s 3 om 2007 SL No. 133 s 4 Restriction on sale or buying of controlled substances s 12 om 2007 SL No. 133 s 4 Restriction on handling or use of controlled substances s 13 om 2007 SL No. 133 s 4 Duty to recover and reclaim controlled substances s 14 om 2007 SL No. 133 s 4 Disposal of a controlled substance s 15 om 2007 SL No. 133 s 4 Subdivision 2—Equipment using controlled substances sdiv 2 (ss 16–19) om 2007 SL No. 133 s 4 Subdivision 3—Products containing controlled substances sdiv 3 (s 20) om 2007 SL No. 133 s 4 Division 3—Refrigeration and airconditioning div 3 (ss 21–22) om 2007 SL No. 133 s 4 Division 4—Foams div 4 (s 23) om 2007 SL No. 133 s 4 Division 5—Fixed halon and HCFC systems div hdg om 2007 SL No. 133 s 4 Subdivision 1—Fixed halon systems sdiv hdg om 2007 SL No. 133 s 4 Manufacture etc. of fixed halon system s 24 om 2007 SL No. 133 s 4 Restriction on installing, keeping and refilling of fixed halon system s 25 amd 2000 SL No. 351 s 8 om 2007 SL No. 133 s 4 Testing fixed halon systems s 26 om 2007 SL No. 133 s 4 Release of controlled substances s 27 om 2007 SL No. 133 s 4 Subdivision 2—Fixed HCFC systems sdiv3 (s 28) om 2007 SL No. 133 s 4 Division 6—Portable halon fire extinguishers div hdg om 2007 SL No. 133 s 4 Restriction on sale or refilling of portable halon fire extinguishers s 29 om 2007 SL No. 133 s 4

163 Environmental Protection Regulation 1998 Approval to buy or refill a portable halon fire extinguisher s 30 amd 2000 SL No. 351 s 9 om 2007 SL No. 133 s 4 Possession of portable halon fire extinguishers s 31 om 2007 SL No. 133 s 4 Division 7—General div hdg om 2007 SL No. 133 s 4 Subdivision 1—Fire extinguishers and refrigerant cylinders sdiv 1 (ss 32–35) om 2007 SL No. 133 s 4 Subdivision 2—Cancellation of certificates of approval sdiv hdg om 2007 SL No. 133 s 4 Cancellation of certificate of approval s 36 om 2007 SL No. 133 s 4 Procedure for cancellation s 37 amd 2000 SL No. 351 s 10 om 2007 SL No. 133 s 4 Return of cancelled certificate s 38 om 2007 SL No. 133 s 4 PART 3A—NATIONAL POLLUTANT INVENTORY pt hdg ins 1999 SL No. 208 s 3 Division 1—Preliminary div hdg ins 1999 SL No. 208 s 3 Subdivision 1—General sdiv hdg ins 1999 SL No. 208 s 3 Purpose of pt 3 s 38A ins 1999 SL No. 208 s 3 Subdivision 2—Interpretation sdiv hdg ins 1999 SL No. 208 s 3 Definitions for pt 3A s 38B ins 1999 SL No. 208 s 3 Meaning of “emission” of a substance s 38C ins 1999 SL No. 208 s 3 Meaning of “facility” s 38D ins 1999 SL No. 208 s 3 Meaning of “offshore facility” s 38E ins 1999 SL No. 208 s 3 Meaning of “substance” s 38F ins 1999 SL No. 208 s 3 sub 2000 SL No. 163 s 3

164 Environmental Protection Regulation 1998 General s 38G ins 1999 SL No. 208 s 3 Division 2—Collecting data for the national pollutant inventory div hdg ins 1999 SL No. 208 s 3 Occupiers of reporting facilities to give information s 38H ins 1999 SL No. 208 s 3 amd 2000 SL No. 163 s 4; 2000 SL No. 351 s 11 Exceeding reporting threshold s 38I ins 1999 SL No. 208 s 3 Reporting period for facility s 38J ins 1999 SL No. 208 s 3 amd 2000 SL No. 351 s 12; 2002 SL No. 160 s 2 sch Estimation technique for emission data s 38K ins 1999 SL No. 208 s 3 Application for approval of estimation technique s 38L ins 1999 SL No. 208 s 3 amd 2000 SL No. 351 s 13 Approving estimation technique s 38M ins 1999 SL No. 208 s 3 amd 2000 SL No. 351 s 14 Occupier must keep particular data for 3 years s 38N ins 1999 SL No. 208 s 3 Exemption on ground of national security s 38O ins 1999 SL No. 208 s 3 Claiming exemption on ground of commercial confidentiality s 38P ins 1999 SL No. 208 s 3 amd 2000 SL No. 351 s 15 Deciding claim for exemption on ground of commercial confidentiality s 38Q ins 1999 SL No. 208 s 3 amd 2000 SL No. 351 s 16 Division 3—Giving information to Commonwealth div hdg ins 1999 SL No. 208 s 3 Chief executive to give information to Commonwealth s 38R ins 1999 SL No. 208 s 3 Division 4—Enforcement provisions div hdg ins 1999 SL No. 208 s 3 Noncompliance with reporting requirement s 38S ins 1999 SL No. 208 s 3 amd 2000 SL No. 163 s 5

165 Environmental Protection Regulation 1998 Minister may name occupier in report to council s 38T ins 1999 SL No. 208 s 3 amd 2000 SL No. 162 s 4; 2000 SL No. 351 s 17 Division 5—Miscellaneous div hdg ins 1999 SL No. 208 s 3 Industry handbooks s 38U ins 1999 SL No. 208 s 3 Information not to be used as evidence s 38V ins 2000 SL No. 162 s 5 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) PART 3B—USED PACKAGING MATERIALS pt hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B hdg) 2007 SL No. 217 s 12 Division 1—Preliminary div hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 1 hdg) 2007 SL No. 217 s 12 Subdivision 1—General sdiv hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 1, sdiv 1 hdg) 2007 SL No. 217 s 12 Purpose of pt 6B prov hdg amd 2007 SL No. 217 s 3 s 38W ins 2000 SL No. 162 s 6 amd 2005 SL No. 322 s 3 reloc and renum (as 2000 SL No. 178 s 66O) 2007 SL No. 217 s 12 Subdivision 2—Interpretation sdiv hdg reloc and renum (as 2000 SL No. 178 pt 6B, div 1, sdiv 2 hdg) 2007 SL No. 217 s 12 Definitions for pt 6B prov hdg amd 2007 SL No. 217 s 4(1) s 38X ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 s 66P) 2007 SL No. 217 s 12 def “brand owner” sub 2005 SL No. 322 s 4(1)–(2) def “consumer packaging material” sub 2005 SL No. 322 s 4(1)–(2) amd 2007 SL No. 217 s 4(4) def “consumer paper” ins 2005 SL No. 322 s 4(2) om 2007 SL No. 217 s 4(2) def “covenant” sub 2005 SL No. 322 s 4(1)–(2) amd 2007 SL No. 217 s 4(5) def “kerbside recycling collection” sub 2005 SL No. 322 s 4(1)–(2) def “owner’s packaging” amd 2007 SL No. 217 s 4(6) def “plastic bags” ins 2005 SL No. 322 s 4(2) def “sell” ins 2007 SL No. 217 s 4(3) def “UPM-NEPM” om 2005 SL No. 322 s 4(1)

166 Environmental Protection Regulation 1998 General s 38Y ins 2000 SL No. 162 s 6 amd 2005 SL No. 322 s 5; 2007 SL No. 217 s 5 reloc and renum (as 2000 SL No. 178 s 66Q) 2007 SL No. 217 s 12 Division 2—Responsibilities of particular brand owners div hdg ins 2000 SL No. 162 s 6 sub 2005 SL No. 322 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 2 hdg) 2007 SL No. 217 s 12 Subdivision 1—Application sdiv hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 2, sdiv 1 hdg) 2007 SL No. 217 s 12 Application of div 2 s 38Z ins 2000 SL No. 162 s 6 amd 2005 SL No. 322 s 7; 2007 SL No. 217 s 6 reloc and renum (as 2000 SL No. 178 s 66R) 2007 SL No. 217 s 12 Subdivision 2—Action plans and record keeping div hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 2, sdiv 2 hdg) 2007 SL No. 217 s 12 Action plans s 38ZA ins 2000 SL No. 162 s 6 amd 2005 SL No. 322 s 8; 2007 SL No. 217 s 7 reloc and renum (as 2000 SL No. 178 s 66S) 2007 SL No. 217 s 12 Brand owner to keep information s 38ZB ins 2000 SL No. 162 s 6 amd 2005 SL No. 322 s 9 reloc and renum (as 2000 SL No. 178 s 66T) 2007 SL No. 217 s 12 Claiming exemption on ground of commercial confidentiality s 38ZC ins 2000 SL No. 162 s 6 amd 2000 SL No. 351 s 18; 2007 SL No. 217 s 8 reloc and renum (as 2000 SL No. 178 s 66U) 2007 SL No. 217 s 12 Deciding claim for exemption on ground of commercial confidentiality s 38ZD ins 2000 SL No. 162 s 6 amd 2000 SL No. 351 s 19; 2007 SL No. 217 s 9 reloc and renum (as 2000 SL No. 178 s 66V) 2007 SL No. 217 s 12 Subdivision 3—Compliance notices sdiv hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 2, sdiv 3 hdg) 2007 SL No. 217 s 12 Authorised person may give notice to comply s 38ZE ins 2000 SL No. 162 s 6 amd 2005 SL No. 322 s 10; 2007 SL No. 217 s 10 reloc and renum (as 2000 SL No. 178 s 66W) 2007 SL No. 217 s 12

167 Environmental Protection Regulation 1998 Division 3—Operators of kerbside recycling collection services to give information to chief executive div hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 3 hdg) 2007 SL No. 217 s 12 Local governments s 38ZF ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 s 66X) 2007 SL No. 217 s 12 Other operators s 38ZG ins 2000 SL No. 162 s 6 amd 2007 SL No. 217 s 11 reloc and renum (as 2000 SL No. 178 s 66Y) 2007 SL No. 217 s 12 Division 4—Expiry div hdg ins 2000 SL No. 162 s 6 reloc and renum (as 2000 SL No. 178 pt 6B, div 4 hdg) 2007 SL No. 217 s 12 Expiry of pt 6B prov hdg amd 2007 SL No. 217 s 3 s 38ZH ins 2000 SL No. 162 s 6 amd 2004 SL No. 204 s 4; 2005 SL No. 162 s 3; 2005 SL No. 322 s 11 reloc and renum (as 2000 SL No. 178 s 66Z) 2007 SL No. 217 s 12 PART 3C—QUALITY STANDARDS FOR PETROL AND DIESEL pt hdg ins 2000 SL No. 179 s 4 Division 1—Preliminary div 1 (ss 38ZI–38ZJ) ins 2000 SL No. 179 s 4 Division 2—Permitted concentrations of particular chemicals div hdg ins 2000 SL No. 179 s 4 sub 2002 SL No. 291 s 2 sch Permitted concentration of ethers and benzene prov hdg amd 2002 SL No. 291 s 2 sch s 38ZK ins 2000 SL No. 179 s 4 amd 2001 SL No. 284 s 6; 2002 SL No. 291 s 2 sch Permitted concentration of sulfur prov hdg amd 2002 SL No. 291 s 2 sch s 38ZL ins 2000 SL No. 179 s 4 amd 2002 SL No. 291 s 2 sch Permitted concentration of lead prov hdg amd 2002 SL No. 291 s 2 sch s 38ZM ins 2000 SL No. 179 s 4 amd 2002 SL No. 291 s 2 sch: 2004 SL No. 209 s 7 Division 3—Reid vapour pressure of petrol div hdg ins 2000 SL No. 179 s 4 Permitted Reid vapour pressure—before 15 November 2002 prov hdg amd 2002 SL No. 291 s 2 sch s 38ZN ins 2000 SL No. 179 s 4

168 Environmental Protection Regulation 1998 amd 2002 SL No. 291 s 3 om 2002 SL No. 291 s 4 Permitted Reid vapour pressure—after 15 November 2002 s 38ZO ins 2000 SL No. 179 s 4 sub 2002 SL No. 291 s 4 Division 4—Exemptions div hdg ins 2000 SL No. 179 s 4 Applications s 38ZP ins 2000 SL No. 179 s 4 Additional information for applications s 38ZQ ins 2000 SL No. 179 s 4 amd 2000 SL No. 351 s 20 Deciding applications s 38ZR ins 2000 SL No. 179 s 4 Giving exemptions s 38ZS ins 2000 SL No. 179 s 4 amd 2000 SL No. 351 s 21 Refusing applications s 38ZT ins 2000 SL No. 179 s 4 amd 2000 SL No. 351 s 22 Division 5—Record keeping div hdg ins 2000 SL No. 179 s 4 Record keeping requirements s 38ZU sub 2002 SL No. 291 s 5 PART 4—ADMINISTRATION Devolution of powers—environmentally relevant activities s 39 amd 1998 SL No. 179 s 6; 1999 SL No. 208 s 4; 2000 SL No. 162 s 7; 2004 SL No. 209 s 8; 2007 SL No. 217 ss 13, 2 sch Devolution of powers—other activities s 40 prov hdg amd 1999 SL No. 297 s 5 Devolution of Act includes statutory instruments under Act s 40A ins 1998 SL No. 179 s 7 Devolution of powers—residential land s 40B ins 1999 SL No. 297 s 6 amd 2000 SL No. 351 s 23 Division 2—Integrated environmental management systems div hdg om 2000 SL No. 351 s 24 Application of division s 41 om 2000 SL No. 351 s 24 Integrated environmental management system s 42 om 2000 SL No. 351 s 24

169 Environmental Protection Regulation 1998 Standard criteria for environmental authority for activities s 43 amd 1998 SL No. 179 s 8 om 2000 SL No. 351 s 24 Division 3—Fees Subdivision 1—Preliminary sdiv hdg ins 2002 SL No. 324 s 4 sub 2004 SL No. 209 s 9 Definitions for div 3 s 44 amd 1998 SL No. 179 s 9; 2000 SL No. 351 s 25; 2001 SL No. 284 s 7 sub 2002 SL No. 324 s 4; 2004 SL No. 209 s 10 def “transfer application” om 2004 SL No. 316 s 13 Subdivision 2—Fees for prescribed authorities sdiv hdg prev sdiv hdg ins 2002 SL No. 324 s 8 om 2004 SL No. 209 s 14 pres sdiv hdg ins 2004 SL No. 209 s 10 sub 2004 SL No. 209 s 10 Fees for prescribed authorities s 44A (prev s 44AA) ins 2002 SL No. 324 s 4 renum 2002 SL No. 324 s 6 sub 2004 SL No. 209 s 10 amd 2004 SL No. 316 s 14; 2006 SL No. 115 s 5; 2008 SL No. 99 s 4 Subdivision 2A—Additional fee provisions for registration certificates sdiv hdg ins 2004 SL No. 209 s 11 Fee for anniversary changeover application s 44AA ins 2004 SL No. 209 s 11 amd 2004 SL No. 316 s 15; 2006 SL No. 164 s 6; 2007 SL No. 159 s 6; 2008 SL No. 207 s 6 Application fee not payable if prior application for development approval made s 44AB ins 2004 SL No. 209 s 11 amd 2007 SL No. 133 s 5 Refund of annual fee component of application fee s 44AC ins 2004 SL No. 209 s 11 Subdivision 2B—Additional fee provisions for environmental authorities sdiv hdg ins 2004 SL No. 209 s 11 Fee for transfer application s 44B prev s 44B ins 1998 SL No. 179 s 10 om 2002 SL No. 324 s 5 pres s 44B (prev s 44AB) ins 2002 SL No. 324 s 4 renum 2002 SL No. 324 s 6 om 2004 SL No. 316 s 16 Fee for anniversary changeover applications s 44C (prev s 44AC) ins 2002 SL No. 324 s 4 renum 2002 SL No. 324 s 6

170 Environmental Protection Regulation 1998 amd 2004 SL No. 209 s 12; 2004 SL No. 316 s 15; 2006 SL No. 164 s 6; 2007 SL No. 159 s 7; 2008 SL No. 207 s 6 Application fee for environmental authority not payable if prior application for development approval made s 44D (prev 44A) ins 1998 SL No. 179 s 10 renum 2002 SL No. 324 s 6 om 2004 SL No. 209 s 13 Refund of annual fee component if environmental authority refused prov hdg amd 2001 SL No. 284 s 8; 2002 SL No. 324 s 7 s 45 sub 2000 SL No. 351 s 26 Refund of annual fee if replacement environmental authority issued s 45A ins 2001 SL No. 284 s 9 Credit for environmental authority amendment applications s 46 prev s 46 sub 2000 SL No. 351 s 27; 2001 SL No. 284 s 10; 2002 SL No. 324 s8 om 2004 SL No. 209 s 14 pres s 46 ins 2004 SL No. 316 s 17 Subdivision 3—Fees for adding new constituent part to integrated authority sdiv hdg ins 2002 SL No. 324 s 8 om 2004 SL No. 316 s 17 Application of subdiv 3 prov hdg amd 2000 SL No. 351 s 28(1) s 47 amd 2000 SL No. 351 s 28(2) sub 2002 SL No. 324 s 8 om 2004 SL No. 316 s 17 Definitions for subdiv 3 prov hdg sub 2000 SL No. 351 s 29 s 48 amd 2000 SL No. 351 s 29 sub 2002 SL No. 324 s 8 om 2004 SL No. 316 s 17 Fee for adding new constituent part to integrated authority s 48A ins 2002 SL No. 324 s 8 om 2004 SL No. 316 s 17 Refund of amount in particular circumstances s 48B ins 2002 SL No. 324 s 8 om 2004 SL No. 316 s 17 Subdivision 4—Waiver of fees sdiv hdg ins 2002 SL No. 324 s 9 sub 2004 SL No. 209 s 15 Definitions for sdiv 4 s 48C ins 2004 SL No. 209 s 16 def “activity” amd 2004 SL No. 316 s 18

171 Environmental Protection Regulation 1998 Application for waiver of fee s 49 amd 1998 SL No. 179 s 11 sub 2000 SL No. 351 s 30 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2002 SL No. 324 s 10; 2004 SL No. 209 s 17 Criteria for deciding waiver application prov hdg amd 2000 SL No. 351 s 31 s 50 amd 2002 SL No. 324 s 11; 2004 SL No. 104 s 5; 2004 SL No. 209 s 18; 2004 SL No. 316 s 19; 2008 SL No. 21 s 4 Effect of decision on waiver application s 51 amd 1998 SL No. 179 s 12 sub 2000 SL No. 351 s 32 Subdivision 5—Other fees sdiv hdg ins 2002 SL No. 324 s 12 Fee for late payment of annual fee s 51A ins 2000 SL No. 351 s 32 amd 2002 SL No. 324 s 13; 2004 SL No. 209 s 19; 2004 SL No. 316 s 19; 2006 SL No. 164 s 7; 2007 SL No. 159 s 8; 2007 SL No. 217 s 2 sch; 2008 SL No. 207 s 7 Fees for contaminated land s 51B ins 2002 SL No. 324 s 14 Fees for transitional environmental programs prov hdg amd 2008 SL No. 21 s 5(1) s 52 amd 2008 SL No. 21 s 5(2)–(3) Register of environmental authorities s 53 sub 2004 SL No. 209 s 20 Register of registration certificates s 54 sub 2004 SL No. 209 s 20 Register of environmental reports s 55 amd 2004 SL No. 209 s 21 Register of monitoring program results s 56 amd 2004 SL No. 209 s 22 Register of transitional environmental programs prov hdg amd 2008 SL No. 21 s 6(1) s 57 amd 2004 SL No. 209 s 23; 2008 SL No. 21 s 6(2) Register of environmental protection orders s 58 amd 2004 SL No. 209 s 24 Register of approved codes of practice s 60 om 2000 SL No. 351 s 33 Environmental management register and contaminated land register s 60A ins 1998 SL No. 179 s 13 om 2000 SL No. 351 s 33

172 Environmental Protection Regulation 1998 Approved training courses and qualified persons s 61 om 2007 SL No. 133 s 6 Review of decisions and appeal s 62 amd 1999 SL No. 208 s 5; 1999 SL No. 297 s 7; 2000 SL No. 162 s 8; 2000 SL No. 179 s 5; 2000 SL No. 351 s 34; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2002 SL No. 324 s 15; 2004 SL No. 209 s 25; 2004 SL No. 316 s 19; 2007 SL No. 133 s 7; 2007 SL No. 217 s 14 Authorised persons—Act, s 96 s 63 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) sub 2008 SL No. 13 s 4 PART 4A—MISCELLANEOUS pt hdg ins 1998 SL No. 316 s 4 Codes of environmental compliance for mining and petroleum activities prov hdg amd 2004 SL No. 209 s 26(1) s 63A ins 1998 SL No. 179 s 14 sub 2000 SL No. 351 s 35 amd 2004 SL No. 209 s 26(2) Codes of environmental compliance for chapter 4 activities or aspects of chapter 4 activities s 63AA ins 2006 SL No. 115 s 6 Prescribed periods under Act—sch 8C prov hdg sub 1998 SL No. 316 s 5(1) s 63B ins 1998 SL No. 179 s 14 amd 1998 SL No. 316 s 5(2) sub 2000 SL No. 351 s 35 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) Prescribed organisations in relation to site investigation s 63C ins 1998 SL No. 179 s 15 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) Prescribed regulated waste—Act, sch 2, item 37 s 63D ins 1998 SL No. 316 s 6 sub 2000 SL No. 351 s 36 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) PART 5—TRANSITIONAL PROVISION FOR THE ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT REGULATION (No. 1) 2007 pt hdg prev pt 5 hdg renum 1999 SL No. 297 s 9 om 2004 SL No. 209 s 27 pres pt 5 hdg ins 2007 SL No. 133 s 8 Transitional provision for amended sch 1, item 16 s 64 prev s 6 om 2004 SL No. 209 s 27 pres s 6 ins 2007 SL No. 133 s 8 Division 2—Definitions div 2 (s 65) om 2004 SL No. 209 s 27

173 Environmental Protection Regulation 1998 Division 3—Transitional provision about unchanged environmentally relevant activities div 3 (ss 66–68) om 2004 SL No. 209 s 27 Division 4—Transitional provisions about changes in environmentally relevant activities from 1 March 1998 div hdg om 2004 SL No. 209 s 27 Subdivision 1—Transitional provisions about applications for, and amendment and transfer of, environmental authorities sdiv hdg om 2004 SL No. 209 s 27 Application of sdiv 1 s 69 om 2004 SL No. 209 s 27 Applications for environmental authorities s 70 amd 2000 SL No. 351 s 37; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 209 s 27 Undecided applications for amendment or transfer of licences s 71 amd 2000 SL No. 351 s 38; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 209 s 27 Subdivision 2—Special transitional provisions for certain environmentally relevant activities sdiv hdg om 2004 SL No. 209 s 27 Application of sdiv 2 s 72 om 2004 SL No. 209 s 27 Person taken to have authority to carry out activity s 73 om 2004 SL No. 209 s 27 Administering authority to decide whether person’s activity is environmentally relevant activity s 74 amd 2000 SL No. 351 s 39; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2002 SL No. 160 s 2 sch om 2004 SL No. 209 s 27 Annual licence fee—continuing level 1 environmentally relevant activities s 75 amd 2000 SL No. 351 s 40; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2002 SL No. 160 s 2 sch om 2004 SL No. 209 s 27 Annual licence fee—other environmentally relevant activities s 76 om 2004 SL No. 209 s 27 Administering authority to endorse registers s 77 om 2004 SL No. 209 s 27 Division 5—Transitional provisions about changes to environmentally relevant activities from 1 July 1998 div hdg om 2004 SL No. 209 s 27

174 Environmental Protection Regulation 1998 Application of div 5 s 78 sub 2000 SL No. 351 s 41 om 2004 SL No. 209 s 27 Affected persons taken to have approval to carry out activity s 79 om 2004 SL No. 209 s 27 Administering authority to give affected person notice about change s 80 amd 1998 SL No. 179 s 16 om 2004 SL No. 209 s 27 Licences for decided applications issued for prescribed activities effective on or after 1 July 1998 s 81 om 2004 SL No. 209 s 27 Undecided applications for amendment or transfer of licences for prescribed activities s 82 amd 2000 SL No. 351 s 42; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 209 s 27 Division 6—Transitional provision for part 2A and Environmental Protection (Noise) Amendment Policy (No. 1) 1999 div hdg ins 1999 SL No. 297 s 8 renum 1999 SL No. 297 s 9 om 2004 SL No. 209 s 27 Noise policy applies to existing noise complaints s 82A ins 1999 SL No. 297 s 8 om 2004 SL No. 209 s 27 Division 6A—Transitional provision for sch 1, item 75 div hdg ins 2000 SL No. 178 s 77 om 2004 SL No. 209 s 27 Transitional provision for waste facilities in scheduled areas s 82B ins 2000 SL No. 178 s 77 om 2004 SL No. 209 s 27 Division 7—Miscellaneous transitional provisions div hdg renum 1999 SL No. 297 s 9 om 2004 SL No. 209 s 27 Subdivision 1—Transitional provision about environmentally relevant activities sdiv hdg om 2004 SL No. 209 s 27 Prescribed circumstance for Act, s 130 prov hdg amd 2000 SL No. 351 s 43; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 83 amd 2000 SL No. 351 s 43; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 209 s 27 Subdivision 2—Other transitional provisions sdiv 2 (ss 84–85) om 2004 SL No. 209 s 27

175 Environmental Protection Regulation 1998 SCHEDULE 1—PRESCRIBED ENVIRONMENTALLY RELEVANT ACTIVITIES AND AMOUNTS FOR PARTICULAR ANNUAL FEES sch hdg amd 2000 SL No. 351 s 44; 2001 SL No. 284 s 11(1); 2002 SL No. 324 s 16(1); 2004 SL No. 316 s 20(2) sch 1 amd 1998 SL No. 179 s 17; 2000 SL No. 178 s 78; 2000 SL No. 351 s 44; 2001 SL No. 284 s 11(2); 2002 SL No. 160 ss 4, 2 sch; 2002 SL No. 324 s 16(2)–(4); 2004 SL No. 104 s 6; 2004 SL No. 209 s 28; 2004 SL No. 316 s 20(1), (3)–(4); 2006 SL No. 115 s 7; 2007 SL No. 133 s 9 SCHEDULE 1AA—MATTERS TO BE ADDRESSED BY ASSESSMENT ins 2001 SL No. 284 s 12 SCHEDULE 1A—PRESCRIBED CRITERIA FOR SECTION 151 OF THE ACT sch hdg ins 2000 SL No. 351 s 45 sub 2004 SL No. 316 s 21(1) amd 2007 SL No. 217 s 2 sch PART 1—PRELIMINARY pt hdg ins 2000 SL No. 351 s 45 What is a “category A environmentally sensitive area” s 1 ins 2000 SL No. 351 s 45 amd 2004 SL No. 238 s 3; 2004 SL No. 316 s 21(2); 2006 SL No. 223 s 171; 2008 SL No. 216 s 3 What is a “category B environmentally sensitive area” s 2 ins 2000 SL No. 351 s 45 amd 2004 SL No. 209 s 29(1); 2004 SL No. 316 s 21(3); 2007 SL No. 217 s 2 sch; 2008 SL No. 74 s 13 Limits of “riverine area” s 3 ins 2000 SL No. 351 s 45 What is “significantly disturbed” land s 4 ins 2000 SL No. 351 s 45 What is a “watercourse” s 5 ins 2000 SL No. 351 s 45 PART 2—CRITERIA pt hdg ins 2000 SL No. 351 s 45 Criteria for environmental authority (mining lease)—Act, s 151 prov hdg amd 2007 SL No. 133 s 10(1) s 6 ins 2000 SL No. 351 s 45 amd 2004 SL No. 209 s 29(2); 2007 SL No. 133 s 10(2)–(4) Criteria for other environmental authority (mining activities)—Act, s 151 prov hdg amd 2007 SL No. 133 s 11(1) s 7 ins 2000 SL No. 351 s 45 amd 2007 SL No. 133 s 11(2) SCHEDULE 2—CONDITIONS APPLYING TO PARTICULAR ACTIVITIES INVOLVING CONTROLLED SUBSTANCES sch hdg om 2007 SL No. 133 s 12

176 Environmental Protection Regulation 1998 Sale of controlled substances s 1 amd 2004 SL No. 104 s 7 om 2007 SL No. 133 s 12 Buying controlled substances s 2 om 2007 SL No. 133 s 12 Handling or use of controlled substances s 3 om 2007 SL No. 133 s 12 Reclaiming of controlled substances s 4 om 2007 SL No. 133 s 12 SCHEDULE 3—ACTIVITIES INVOLVING HANDLING OR USE OF CONTROLLED SUBSTANCES om 2007 SL No. 133 s 12 SCHEDULE 4—ESSENTIAL USE CRITERIA FOR INSTALLING, BUYING, KEEPING OR REFILLING OF HALON FIRE EXTINGUISHING DEVICES om 2007 SL No. 133 s 12 SCHEDULE 5—INDUSTRY CODES OF PRACTICE om 2007 SL No. 133 s 12 SCHEDULE 6—FEES sub 1998 SL No. 179 s 18 amd 2000 SL No. 351 s 46; 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2001 SL No. 284 ss 11(3), 13; 2002 SL No. 160 s 2 sch; 2002 SL No. 324 s 17; 2004 SL No. 116 s 4; 2004 SL No. 209 s 30; 2004 SL No. 316 s 22; 2005 SL No. 152 s 6; 2006 SL No. 164 s 8 sub 2007 SL No. 159 s 9 amd 2008 SL No. 207 s 8 SCHEDULE 6A—CODES OF ENVIRONMENTAL COMPLIANCE FOR CHAPTER 4 ACTIVITIES OR ASPECTS OF CHAPTER 4 ACTIVITIES ins 2006 SL No. 115 s 8 amd 2006 SL No. 115 s 9 SCHEDULE 7—REGULATED WASTES amd 1998 SL No. 179 s 20; 2000 SL No. 178 s 79 SCHEDULE 8A—PRESCRIBED ORGANISATIONS FOR CONTAMINATED LAND MATTERS ins 1998 SL No. 179 s 19 sub 2007 SL No. 133 s 13 SCHEDULE 8B—AREAS OF SCHEDULED AREAS ins 2000 SL No. 178 s 80 amd 2002 SL No. 160 s 5 LOCAL GOVERNMENTS FORMING SCHEDULE 8C—PRESCRIBED PERIODS UNDER ACT sch hdg amd 2004 SL No. 104 s 8 sch 8C ins 2000 SL No. 351 s 47

177 Environmental Protection Regulation 1998 PART 1—PRESCRIBED PERIODS FOR CHAPTER 3 pt hdg ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) Advice to chief executive about draft terms of reference—Act, s 45 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 1 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) Finalising terms of reference—Act, s 46 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 2 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) Decision on whether to allow EIS to proceed—Act, s 49 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 3 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) PART 2—PRESCRIBED PERIODS FOR CHAPTER 5 pt hdg ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) Division 1—Environmental authority (mining claim) applications div hdg prev div 1 hdg ins 2000 SL No. 351 s 47 om 2004 SL No. 316 s 23(1) pres div 1 hdg (prev div 3 hdg) renum 2004 SL No. 316 s 23(9) Decision to refuse or allow to proceed—Act, s 173 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 4 prev s 4 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 316 s 23(1) pres s 4 (prev s 8) amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) renum 2004 SL No. 316 s 23(10) Giving draft environmental authority—Act, s 175 prov hdg prev s 5 hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) pres s 5 hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 5 prev s 5 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 316 s 23(1) pres s 5 (prev s 9) amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) renum 2004 SL No. 316 s 23(10) Division 2—Environmental authority (exploration) and environmental authority (mineral development) applications div hdg prev div 2 hdg ins 2000 SL No. 351 s 47 om 2004 SL No. 316 s 23(1) pres div 2 hdg (prev div 4 hdg) renum 2004 SL No. 316 s 23(9)

178 Environmental Protection Regulation 1998 Decision period—Act, s 181 prov hdg prev s 6 hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) pres s 6 hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2007 SL No. 133 s 14 s 6 prev s 6 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 316 s 23(1) pres s 6 (prev s 10) amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) sub 2001 SL No. 284 s 14(1) renum 2004 SL No. 316 s 23(10) om 2007 SL No. 133 s 14 Assessment period for EM plan assessment report—Act, s 191 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 7 prev s 7 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 316 s 23(1) pres s 7 (prev s 11) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) sub 2001 SL No. 284 s 14(2) renum 2004 SL No. 316 s 23(10) Decision period—Act, s 193 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 8 (prev s 12) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) renum 2004 SL No. 316 s 23(10) Division 3—Environmental authority (mining lease) applications div hdg ins 2007 SL No. 133 s 16 Assessment period for EM plan assessment report—Act, s 205 prov hdg amd 2004 SL No. 316 s 23(2) s 9 (prev s 13) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) sub 2001 SL No. 284 s 14(3) amd 2004 SL No. 316 s 316(3)–(5) renum 2004 SL No. 316 s 23(10) amd 2007 SL No. 133 s 17 Decision to refuse or allow to proceed—Act, s 207 s 10 (prev s 14) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2004 SL No. 316 s 23(6)–(7) renum 2004 SL No. 316 s 23(10) amd 2007 SL No. 133 s 18; 2007 SL No. 217 s 2 sch Division 4—Amendment applications div hdg (prev div 6 hdg) ins 2000 SL No. 351 s 47 pres div 4 hdg (prev div 3 hdg) renum 2004 SL No. 316 s 23(9); 2007 SL No. 133 s 15

179 Environmental Protection Regulation 1998 Assessment level decision—Act, s 246 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 11 (prev s 16) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) renum 2004 SL No. 316 s 23(10) Deciding application—Act, s 257 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 12 (prev s 17) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) renum 2004 SL No. 316 s 23(10) Division 5—Surrender applications div hdg (prev div 7 hdg) ins 2000 SL No. 351 s 47 pres div 5 hdg (prev div 4 hdg) renum 2004 SL No. 316 s 23(9); 2007 SL No. 133 s 15 When surrender required—Act, s 270 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2004 SL No. 316 s 23(2) s 13 (prev s 18) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) renum 2004 SL No. 316 s 23(10) FRR assessment report period—Act, s 276 prov hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 14 (prev s 19) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) renum 2004 SL No. 316 s 23(10) Deciding application—Act, s 277 prov hdg prev s 15 hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) pres s 15 hdg amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) s 15 prev s 15 ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52) om 2004 SL No. 316 s 23(8) pres s 15 (prev s 20) ins 2000 SL No. 351 s 47 amd 1994 Act No. 62 s 616(2) (amd 2000 Act No. 64 s 52); 2004 SL No. 209 s 31 renum 2004 SL No. 316 s 23(10) SCHEDULE 9—DICTIONARY def “action” ins 2001 SL No. 284 s 15(2) def “activity” ins 2004 SL No. 209 s 32(2) def “aerosol product ” om 2007 SL No. 133 s 19(1) def “AFCAM” om 2007 SL No. 133 s 19(1) def “affected building” ins 1999 SL No. 297 s 10(2) def “affected person” ins 1999 SL No. 297 s 10(2) om 2004 SL No. 209 s 32(1) def “anniversary changeover application” ins 2002 SL No. 324 s 18 sub 2004 SL No. 209 s 32(1)–(2) def “annual fee” ins 2002 SL No. 324 s 18 om 2004 SL No. 316 s 24(1)

180 Environmental Protection Regulation 1998 def “annual fee component” ins 2002 SL No. 324 s 18 amd 2004 SL No. 209 s 32(3) def “annual licence fee” ins 1999 SL No. 297 s 10(2) om 2004 SL No. 209 s 32(1) def “approved training course” om 2007 SL No. 133 s 19(1) def “AS” ins 1999 SL No. 297 s 10(2) om 2001 SL No. 284 s 15(1) def “AS 1055” ins 1999 SL No. 297 s 10(2) def “ASTM” ins 2002 SL No. 291 s 2 sch def “at” ins 1999 SL No. 297 s 10(2) def “audible noise” ins 1999 SL No. 297 s 10(2) def “background noise level” ins 1999 SL No. 297 s 10(2) def “bed” ins 2007 SL No. 133 s 19(2) def “builder” ins 1999 SL No. 297 s 10(2) def “building” ins 1999 SL No. 297 s 10(2) def “Building Code of Australia” ins 1999 SL No. 297 s 10(2) def “building contractor” ins 1999 SL No. 297 s 10(2) def “building site” ins 1999 SL No. 297 s 10(2) def “building work” ins 1999 SL No. 297 s 10(2) def “certificate of approval” amd 2000 SL No. 178 s 81(3) om 2007 SL No. 133 s 19(1) def “CFC” om 2007 SL No. 133 s 19(1) def “chemical” amd 1998 SL No. 316 s 7(1); 2007 SL No. 217 s 2 sch; 2008 SL No. 283 s 377 sch 17 def “clinical waste” ins 2000 SL No. 178 s 81(2) def “commercial or industrial airconditioning equipment” om 2007 SL No. 133 s 19(1) def “commercial or industrial refrigeration equipment” om 2007 SL No. 133 s 19(1) def “commission” om 2007 SL No. 133 s 19(1) def “Commonwealth Minister” ins 2001 SL No. 284 s 15(2) def “complainant” ins 1999 SL No. 297 s 10(2) def “continuing chapter 4 activity” ins 2004 SL No. 209 s 32(2) om 2008 SL No. 21 s 7 def “controlled article” om 2007 SL No. 133 s 19(1) def “controlled substance” om 2007 SL No. 133 s 19(1) def “controlling provision” ins 2001 SL No. 284 s 15(2) def “council” ins 2000 SL No. 162 s 9 def “dangerous goods code” sub 1998 SL No. 316 s 7(2) def “decommission” om 2007 SL No. 133 s 19(1) def “designated proponent” ins 2001 SL No. 284 s 15(2) def “distribute” ins 2002 SL No. 291 s 2 sch def “domestic airconditioning equipment” om 2007 SL No. 133 s 19(1) def “domestic refrigeration equipment” om 2007 SL No. 133 s 19(1) def “dredging” ins 2007 SL No. 133 s 19(2) def “educational institution” ins 1999 SL No. 297 s 10(2) def “emission” ins 1999 SL No. 297 s 10(2) def “emission data” ins 1999 SL No. 297 s 10(2) def “estimation technique” ins 1999 SL No. 297 s 10(2) def “ETBE” ins 2002 SL No. 291 s 2 sch

181 Environmental Protection Regulation 1998 def “extracting” amd 2006 SL No. 115 s 10 def “facility” sub 1998 SL No. 179 s 21(1)–(2); 1999 SL No. 297 s 10(1)–(2) amd 2000 SL No. 351 s 48(3) def “fixed halon system” om 2007 SL No. 133 s 19(1) def “fixed HCFC system” om 2007 SL No. 133 s 19(1) def “general emission criteria” ins 1999 SL No. 297 s 10(2) def “halon” om 2007 SL No. 133 s 19(1) def “HCFC” om 2007 SL No. 133 s 19(1) def “import” ins 2002 SL No. 291 s 2 sch def “indoor venue” ins 1999 SL No. 297 s 10(2) def “industry code of practice” om 2007 SL No. 133 s 19(1) def “industry handbook” ins 1999 SL No. 297 s 10(2) def “infectious waste” om 2000 SL No. 178 s 81(1) def “install” om 2007 SL No. 133 s 19(1) def “integrated environmental management system” om 2000 SL No. 351 s 48(1) def “interim year” ins 2004 SL No. 209 s 32(2) def “licensed premises” ins 1999 SL No. 297 s 10(2) def “licensed vehicle” sub 2004 SL No. 209 s 32(1)–(2) def “limited regulated waste” amd 1998 SL No. 179 s 21(3); 2000 SL No. 178 s 81(4) def “low volatility zone” ins 2002 SL No. 291 s 2 sch def “manufacture” ins 2002 SL No. 291 s 2 sch def “material change of use” ins 1998 SL No. 179 s 21(2) om 2000 SL No. 351 s 48(1) def “mining authority” om 1998 SL No. 179 s 21(1) def “miscellaneous controlled substance” om 2007 SL No. 133 s 19(1) def “motor vehicle airconditioning equipment” om 2007 SL No. 133 s 19(1) def “MTBE” ins 2002 SL No. 291 s 2 sch def “next anniversary day” ins 2002 SL No. 324 s 18 om 2004 SL No. 316 s 24(1) def “noise emission criteria” ins 1999 SL No. 297 s 10(2) def “noise offence” ins 1999 SL No. 297 s 10(2) def “noise offence exemption” ins 1999 SL No. 297 s 10(2) def “noise policy” ins 1999 SL No. 297 s 10(2) def “NPIM” ins 1999 SL No. 297 s 10(2) def “nuisance abatement notice” ins 1999 SL No. 297 s 10(2) def “nuisance complaint” ins 1999 SL No. 297 s 10(2) def “occupier” ins 1999 SL No. 297 s 10(2) def “offshore facility” ins 1999 SL No. 297 s 10(2) def “open-air event” ins 1999 SL No. 297 s 10(2) def “portable halon fire extinguisher” om 2007 SL No. 133 s 19(1) def “portable HCFC fire extinguisher” om 2007 SL No. 133 s 19(1) def “port authority” amd 2007 SL No. 217 s 2 sch def “power boat” ins 1999 SL No. 297 s 10(2) def “prescribed activity” ins 1999 SL No. 297 s 10(2) om 2004 SL No. 209 s 32(1) def “prescribed annual fee amount” ins 2004 SL No. 209 s 32(2) sub 2004 SL No. 316 s 24(1)–(2)

182 Environmental Protection Regulation 1998 def “prescribed authority” ins 2004 SL No. 209 s 32(2) def “prescribed environmentally relevant activity” ins 2001 SL No. 284 s 15(2) def “published” ins 1999 SL No. 297 s 10(2) def “qualified person” om 2007 SL No. 133 s 19(1) def “railway” ins 1999 SL No. 297 s 10(2) def “reclaim” om 2007 SL No. 133 s 19(1) def “regulated waste” amd 1998 SL No. 179 s 21(4)–(5) def “Reid vapour pressure” ins 2002 SL No. 291 s 2 sch def “rejection notice” ins 1999 SL No. 297 s 10(2) def “related waste” ins 2000 SL No. 178 s 81(2) def “relevant authority” ins 2004 SL No. 209 s 32(2) def “relevant impacts” ins 2001 SL No. 284 s 15(2) def “relevant nuisance complaint” ins 1999 SL No. 297 s 10(2) def “repealed regulation” ins 1999 SL No. 297 s 10(2) om 2004 SL No. 209 s 32(1) def “reporting facility” ins 1999 SL No. 297 s 10(2) def “reporting period” ins 1999 SL No. 297 s 10(2) def “reporting requirement” ins 1999 SL No. 297 s 10(2) def “required authority” ins 2004 SL No. 209 s 32(2) def “responsible person” ins 1999 SL No. 297 s 10(2) def “schedule 3 activity” om 2007 SL No. 133 s 19(1) def “scheduled area” ins 2000 SL No. 178 s 81(2) def “service” om 2007 SL No. 133 s 19(1) def “source noise” ins 1999 SL No. 297 s 10(2) def “sterilisation equipment” om 2007 SL No. 133 s 19(1) def “substance” ins 1999 SL No. 297 s 10(2) def “summer period” ins 2002 SL No. 291 s 2 sch def “TAME” ins 2002 SL No. 291 s 2 sch def “transfer application” ins 2002 SL No. 324 s 18 sub 2004 SL No. 209 s 32(1)–(2) om 2004 SL No. 316 s 24(1) def “unlawful environmental nuisance” ins 1999 SL No. 297 s 10(2) def “untreated clinical waste” ins 2000 SL No. 178 s 81(2) def “waiver application” ins 2000 SL No. 351 s 48(2) © State of Queensland 2009

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