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ENVIRONMENTAL PROTECTION AND OTHER ACTS AMENDMENT BILL 2009

          Queensland



Environmental Protection and
Other Acts Amendment Bill
2009

 


 

 

Queensland Environmental Protection and Other Acts Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Environmental Protection Act 1994 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 73G (When registration certificate takes effect) 4 5 Amendment of s 154 (General requirements for application). . . . 5 6 Amendment of s 210 (Conditions that may and must be included in draft environmental authority) . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 305 (Conditions that may be made) . . . . . . . . . 6 8 Amendment of s 310O (Conditions that may and must be imposed) ....................................... 7 9 Amendment of s 363H (Administering authority may issue clean-up notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 363I (Offence not to comply with clean-up notice) ......................................... 9 11 Amendment of s 363N (Administering authority may issue cost recovery notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Amendment of s 478 (Failure to comply with authorised person's direction in emergency) . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Amendment of s 480 (False, misleading or incomplete documents) ..................................... 10 14 Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . 10 15 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 3 Amendment of Fisheries Act 1994 16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Insertion of new s 76IA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 76IA Environmental offset conditions . . . . . . . . . . . . . . . . . 11

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Contents 18 Amendment of s 117 (Fisheries Research Fund). . . . . . . . . . . . . 12 19 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 12 Part 4 Amendment of Nature Conservation Act 1992 20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Replacement of s 124 (Approval of amendment of plans) . . . . . . 13 124 Procedures applying to amending plans . . . . . . . . . . 13 Part 5 Amendment of Sustainable Planning Act 2009 22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Insertion of new s 346A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 346A Environmental offset conditions . . . . . . . . . . . . . . . . . 14 Page 2

 


 

2009 A Bill for An Act to amend the Environmental Protection Act 1994, Fisheries Act 1994, Nature Conservation Act 1992 and Sustainable Planning Act 2009 for particular purposes

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Environmental Protection and 4 Other Acts Amendment Act 2009. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Environmental 8 Protection Act 1994 9 Clause 3 Act amended 10 This part amends the Environmental Protection Act 1994. 11 Clause 4 Amendment of s 73G (When registration certificate takes 12 effect) 13 (1) Section 73G(1)(c), `section 73F(7)'-- 14 omit, insert-- 15 `section 73F(8)'. 16 (2) Section 73G(2), `section 73F(4)'-- 17 omit, insert-- 18 `section 73F(5)'. 19 Page 4

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 2 Amendment of Environmental Protection Act 1994 [s 5] Clause 5 Amendment of s 154 (General requirements for 1 application) 2 Section 154(3), after `extent to'-- 3 insert-- 4 `which'. 5 Clause 6 Amendment of s 210 (Conditions that may and must be 6 included in draft environmental authority) 7 (1) Section 210(4), `subsection (3)'-- 8 omit, insert-- 9 `subsection (7)'. 10 (2) Section 210(3) and (4)-- 11 renumber as section 210(7) and (8). 12 (3) Section 210-- 13 insert-- 14 `(3) The administering authority may include in the draft a 15 condition that requires or otherwise relates to an 16 environmental offset (an environmental offset condition) if 17 the administering authority is satisfied that all cost-effective 18 on-site mitigation measures for the relevant mining activities 19 have been, or will be, undertaken. 20 `(4) An environmental offset condition may require works or 21 activities to be undertaken on land on which a relevant mining 22 activity is carried out or on other land in the State. 23 `(5) An environmental offset condition may require a monetary 24 payment to an environmental offset trust. 25 `(6) If the applicant has entered into an agreement about an 26 environmental offset for this section, an environmental offset 27 condition may require the authority holder to comply with the 28 agreement.'. 29 (4) Section 210-- 30 insert-- 31 Page 5

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 2 Amendment of Environmental Protection Act 1994 [s 7] `(9) The applicant may enter into an agreement with the 1 administering authority or another entity to establish the 2 obligations, or secure the performance, of a party to the 3 agreement about a condition. 4 `(10) In this section-- 5 environmental offset means works or activities undertaken to 6 counterbalance the impacts of a relevant mining activity on 7 the natural environment. 8 on-site mitigation measure, for a relevant mining activity, 9 means a measure, undertaken on land to which the activity 10 relates, to avoid or minimise negative impacts of the activity 11 on the natural environment.'. 12 Clause 7 Amendment of s 305 (Conditions that may be made) 13 (1) Section 305(2)(d)-- 14 renumber as section 305(2)(e). 15 (2) Section 305(2)-- 16 insert-- 17 `(d) if the entity doing or making the relevant act is satisfied 18 that all cost-effective on-site mitigation measures for an 19 authorised activity have been, or will be, 20 undertaken--include a condition requiring or otherwise 21 relating to an environmental offset (an environmental 22 offset condition); or'. 23 (3) Section 305-- 24 insert-- 25 `(5) An environmental offset condition may require works or 26 activities to be undertaken on land on which an authorised 27 activity is carried out or on other land in the State. 28 `(6) An environmental offset condition may require a monetary 29 payment to an environmental offset trust. 30 `(7) If the environmental authority holder has entered into an 31 agreement about an environmental offset for this section, an 32 Page 6

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 2 Amendment of Environmental Protection Act 1994 [s 8] environmental offset condition may require the holder to 1 comply with the agreement. 2 `(8) The environmental authority holder may enter into an 3 agreement with the entity doing or making the relevant act or 4 another entity to establish the obligations, or secure the 5 performance, of a party to the agreement about a condition. 6 `(9) A reference in subsection (7) or (8) to the holder of an 7 environmental authority entering into an agreement includes 8 the holder entering into an agreement before the authority is 9 granted. 10 `(10) In this section-- 11 authorised activity means an activity carried out under the 12 environmental authority to which the relevant act relates. 13 environmental offset means works or activities undertaken to 14 counterbalance the impacts of an authorised activity on the 15 natural environment. 16 on-site mitigation measure, for an authorised activity, means 17 a measure, undertaken on land to which the activity relates, to 18 avoid or minimise negative impacts of the activity on the 19 natural environment.'. 20 Clause 8 Amendment of s 310O (Conditions that may and must be 21 imposed) 22 (1) Section 310O(3)(b) and (c)-- 23 renumber as section 310O(3)(c) and (d). 24 (2) Section 310O(3)-- 25 insert-- 26 `(b) if the administering authority is satisfied that all 27 cost-effective on-site mitigation measures for a relevant 28 chapter 5A activity have been, or will be, 29 undertaken--require or otherwise relate to an 30 environmental offset (an environmental offset 31 condition); or'. 32 Page 7

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 2 Amendment of Environmental Protection Act 1994 [s 9] (3) Section 310O-- 1 insert-- 2 `(6) An environmental offset condition may require works or 3 activities to be undertaken on land on which a relevant chapter 4 5A activity is carried out or on other land in the State. 5 `(7) An environmental offset condition may require a monetary 6 payment to an environmental offset trust. 7 `(8) If the applicant has entered into an agreement about an 8 environmental offset for this section, an environmental offset 9 condition may require the environmental authority holder to 10 comply with the agreement. 11 `(9) The environmental authority holder may enter into an 12 agreement with the administering authority or another entity 13 to establish the obligations, or secure the performance, of a 14 party to the agreement about a condition. 15 `(10) In this section-- 16 environmental offset means works or activities undertaken to 17 counterbalance the impacts of a relevant chapter 5A activity 18 on the natural environment. 19 on-site mitigation measure, for a relevant chapter 5A activity, 20 means a measure, undertaken on land to which the activity 21 relates, to avoid or minimise negative impacts of the activity 22 on the natural environment.'. 23 Clause 9 Amendment of s 363H (Administering authority may 24 issue clean-up notice) 25 (1) Section 363H(1), after `stated action to'-- 26 insert-- 27 `do all or any of the following'. 28 (2) Section 363H(1)(a) to (c), `; or' 29 omit, insert-- 30 `;'. 31 Page 8

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 2 Amendment of Environmental Protection Act 1994 [s 10] Clause 10 Amendment of s 363I (Offence not to comply with 1 clean-up notice) 2 Section 363I(3)(b)-- 3 omit, insert-- 4 `(b) that-- 5 (i) the relevant contamination incident was caused by 6 a natural disaster; and 7 (ii) the recipient had taken all measures it would be 8 reasonable for the recipient to have taken to 9 prevent the incident, having regard to all the 10 circumstances including the inherent nature of the 11 risk and the probability of the natural disaster; or'. 12 Clause 11 Amendment of s 363N (Administering authority may 13 issue cost recovery notice) 14 Section 363N(5)(b)-- 15 omit, insert-- 16 `(b) if-- 17 (i) the contamination incident was caused by a natural 18 disaster; and 19 (ii) the recipient had taken all measures it would be 20 reasonable for the recipient to have taken to 21 prevent the incident, having regard to all the 22 circumstances including the inherent nature of the 23 risk and the probability of the natural disaster; or'. 24 Clause 12 Amendment of s 478 (Failure to comply with authorised 25 person's direction in emergency) 26 Section 478, penalty-- 27 omit, insert-- 28 `Maximum penalty--2000 penalty units.'. 29 Page 9

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 2 Amendment of Environmental Protection Act 1994 [s 13] Clause 13 Amendment of s 480 (False, misleading or incomplete 1 documents) 2 Section 480(4)(a), `section 90(c) or 132(2)'-- 3 omit, insert-- 4 `section 309Q(c) or 311F(2)'. 5 Clause 14 Amendment of s 540 (Required registers) 6 Section 540(1)(k), `paragraph (h)'-- 7 omit, insert-- 8 `paragraph (j)'. 9 Clause 15 Amendment of sch 4 (Dictionary) 10 (1) Schedule 4, definition regulatory requirement-- 11 omit. 12 (2) Schedule 4-- 13 insert-- 14 `Balance the Earth Trust means the trust by that name 15 established under a trust deed entered into by the State on 9 16 October 2009. 17 environmental offset trust means the Balance the Earth Trust 18 or another trust established to accept and manage amounts to 19 fund the undertaking of works or activities to counterbalance 20 the impacts of environmentally relevant activities or other 21 activities on the natural environment. 22 regulatory requirement means a requirement under an 23 environmental protection policy or a regulation for-- 24 (a) the administering authority to-- 25 (i) grant or refuse to grant, or follow stated procedures 26 for evaluating, any of the following applications-- 27 (A) a development application for which the 28 administering authority is the assessment 29 Page 10

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 3 Amendment of Fisheries Act 1994 [s 16] manager or a referral agency; 1 (B) an environmental authority application; 2 (C) an application for approval of a transitional 3 environmental program; or 4 (ii) impose, change or cancel a condition of a 5 development approval for a chapter 4 activity, an 6 environmental authority or an approval of a 7 transitional environmental program; or 8 (b) the Land Court to make an objections decision under 9 section 223: or 10 (c) the Minister to make a decision under section 247.'. 11 Part 3 Amendment of Fisheries Act 12 1994 13 Clause 16 Act amended 14 This part amends the Fisheries Act 1994. 15 Clause 17 Insertion of new s 76IA 16 After section 76I-- 17 insert-- 18 `76IA Environmental offset conditions 19 `(1) Under the Planning Act, sections 346 and 346A, the 20 conditions imposed on a fisheries development approval may 21 include environmental offset conditions. 22 `(2) An environmental offset condition may relate to works or 23 activities undertaken to counterbalance the impacts of the 24 development on fisheries resources or fish habitat including, 25 for example-- 26 Page 11

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 3 Amendment of Fisheries Act 1994 [s 18] (a) works or activities to enhance or rehabilitate a fish 1 habitat; and 2 (b) the exchange of another fish habitat for a fish habitat 3 affected by the development; and 4 (c) a contribution to fish habitat research. 5 `(3) With the agreement of the applicant for the approval, an 6 environmental offset condition may require a monetary 7 payment to the Fisheries Research Fund under section 117.'. 8 Clause 18 Amendment of s 117 (Fisheries Research Fund) 9 (1) Section 117(4)(c)-- 10 renumber as section 117(4)(d). 11 (2) Section 117(4)-- 12 insert-- 13 `(c) amounts received for payment into the fund under 14 environmental offset conditions mentioned in section 15 76IA; and'. 16 (3) Section 117(5)(b)-- 17 renumber as section 117(5)(c). 18 (4) Section 117(5)-- 19 insert-- 20 `(b) fish habitat enhancement, rehabilitation or exchange; 21 or'. 22 Clause 19 Amendment of schedule (Dictionary) 23 Schedule-- 24 insert-- 25 `environmental offset condition see the Planning Act, section 26 346A(1).'. 27 Page 12

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 4 Amendment of Nature Conservation Act 1992 [s 20] Part 4 Amendment of Nature 1 Conservation Act 1992 2 Clause 20 Act amended 3 This part amends the Nature Conservation Act 1992. 4 Clause 21 Replacement of s 124 (Approval of amendment of plans) 5 Section 124-- 6 omit, insert-- 7 `124 Procedures applying to amending plans 8 `(1) The procedures for the preparation and approval of 9 management plans and conservation plans apply to amending 10 plans subject to this section. 11 `(2) Sections 113 and 114 do not apply to an amending plan. 12 `(3) Also, sections 115 and 116 do not apply to an amending plan 13 if its only amendments of another management or 14 conservation plan are to-- 15 (a) correct an error in the other plan; or 16 (b) make a change (other than a change of substance) in the 17 other plan; or 18 (c) if the other plan or a regulation provides that an 19 amendment of a stated type may be made to the other 20 plan by amendment under this subsection--make an 21 amendment of that type. 22 `(4) In this section-- 23 amending plan means a management or conservation plan 24 made only to amend another management or conservation 25 plan.'. 26 Page 13

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 5 Amendment of Sustainable Planning Act 2009 [s 22] Part 5 Amendment of Sustainable 1 Planning Act 2009 2 Clause 22 Act amended 3 This part amends the Sustainable Planning Act 2009. 4 Clause 23 Insertion of new s 346A 5 After section 346-- 6 insert-- 7 `346A Environmental offset conditions 8 `(1) This section applies to a condition that requires or otherwise 9 relates to an environmental offset (an environmental offset 10 condition). 11 `(2) An environmental offset condition may be imposed only if the 12 concurrence agency or assessment manager is satisfied that all 13 cost-effective on-site mitigation measures for the development 14 have been, or will be, undertaken. 15 `(3) If the applicant has entered into an agreement about an 16 environmental offset for this section, a condition may require 17 the applicant to comply with the agreement. 18 `(4) A condition imposed under subsection (3)-- 19 (a) is taken to comply with section 345; and 20 (b) is not invalid on the ground of being uncertain or 21 lacking finality. 22 `(5) If an entity other than the applicant agrees, under an 23 agreement mentioned in subsection (3), to carry out works 24 required for the development, section 347(1)(c) does not 25 apply to a condition stating that those works must be 26 undertaken by the entity. 27 Note-- 28 Also, under section 348, the applicant may enter into an agreement to 29 establish the obligations, or secure the performance, of a party to the 30 agreement about an environmental offset condition. 31 Page 14

 


 

Environmental Protection and Other Acts Amendment Bill 2009 Part 5 Amendment of Sustainable Planning Act 2009 [s 23] `(6) An environmental offset condition may require works or 1 activities to be undertaken on land on which the development 2 is undertaken or on other land in the State. 3 `(7) An environmental offset condition may require a monetary 4 payment to an environmental offset trust. 5 `(8) In this section-- 6 Balance the Earth Trust means the trust by that name 7 established under a trust deed entered into by the State on 9 8 October 2009. 9 environmental offset means works or activities undertaken to 10 counterbalance the impacts of a development on the natural 11 environment. 12 environmental offset trust means the Balance the Earth Trust 13 or another trust established to accept and manage amounts to 14 fund the undertaking of works or activities to counterbalance 15 the impacts of development or other activities on the natural 16 environment. 17 natural environment-- 18 (a) means living and non-living things that occur naturally 19 at 1 or more places on Earth; and 20 (b) does not include amenity or aesthetic, cultural, 21 economic or social conditions. 22 on-site mitigation measure, for a development, means a 23 measure, undertaken on land to which the development 24 relates, to avoid or minimise negative impacts of the 25 development on the natural environment.'. 26 © State of Queensland 2009 Page 15

 


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