Queensland Numbered Acts

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - As at 5 April 2023 - Act 6 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF ENVIRONMENTAL PROTECTION ACT 1994

   3.      Act amended
   4.      Amendment of s 16 (Material environmental harm)
   5.      Amendment of s 17 (Serious environmental harm)
   6.      Amendment of s 39 (Other definitions)
   7.      Amendment of s 40 (Purposes)
   8.      Amendment of s 41 (Submission)
   9.      Insertion new ss 41A and 41B
   10.     Amendment of s 42 (Preparation of TOR notice)
   11.     Amendment of s 49 (Decision on whether EIS may proceed)
   12.     Amendment of s 49A (Proponent may resubmit EIS)
   13.     Omission of s 50 (Ministerial review of refusal to allow to proceed)
   14.     Amendment of s 51 (Public notification)
   15.     Amendment of s 56A (Assessment of adequacy of response to submission and submitted EIS)
   16.     Amendment of s 56AA (Proponent may resubmit EIS)
   17.     Omission of s 56B (Ministerial review of refusal to allow submitted EIS to proceed)
   18.     Amendment of s 57 (EIS assessment report)
   19.     Amendment of s 59 (Required content of report)
   20.     Insertion of new s 59A
   21.     Amendment of s 125 (Requirements for applications generally)
   22.     Amendment of s 139 (Information stage does not apply if EIS process complete)
   23.     Amendment of s 143 (EIS may be required)
   24.     Amendment of s 172 (Deciding site-specific application and approving PRCP schedule)
   25.     Amendment of s 183 (Applicant may request referral to Land Court)
   26.     Amendment of s 190 (Requirements for objections decision)
   27.     Amendment of s 196 (Requirements for issuing environmental authority or PRCP schedule)
   28.     Amendment of s 215 (Other amendments)
   29.     Amendment of s 223 (Definitions for part)
   30.     Amendment of s 225 (Amendment application can not be made in particular circumstances)
   31.     Amendment of s 230 (Administering authority may require public notification for particular amendment applications)
   32.     Amendment of s 232 (Relevant application process applies)
   33.     Amendment of s 247 (Deciding amalgamation application)
   34.     Amendment of s 250C (De-amalgamation)
   35.     Amendment of s 252 (Who may apply for transfer)
   36.     Insertion of new s 278B
   37.     Amendment of s 279 (Application of div 2)
   38.     Amendment of s 283 (Notice of proposed action decision)
   39.     Amendment of s 284 (Steps for cancellation or suspension)
   40.     Amendment of s 284AA (Cancellation after suspension if annual fee not paid)
   41.     Amendment of s 284A (Who may apply)
   42.     Amendment of s 284B (Requirements for suspension application)
   43.     Omission of s 284E (Restrictions on giving approval)
   44.     Amendment of s 284F (Steps after deciding suspension application)
   45.     Amendment of s 284G (Termination of suspension)
   46.     Insertion of new ch 5, pt 14, div 1, sdiv 1, hdg
   47.     Insertion of new ch 5, pt 14, div 1, sdiv 2, hdg
   48.     Amendment of s 299 (Administering authority may require additional information)
   49.     Insertion of new ch 5, pt 14, div 1, sdiv 3 and sdiv 4, hdg
   50.     Amendment of s 300 (Making ERC decision)
   51.     Replacement of s 305 (Effect of re-application on ERC decision)
   52.     Amendment of s 316C (Application of division)
   53.     Insertion of new ch 5, pt 14A
   54.     Insertion of new s 319A
   55.     Amendment of s 320A (Application of div 2)
   56.     Amendment of s 320DA (Duty of owner, occupier or auditor to notify administering authority)
   57.     Amendment of s 320DB (Duty of local government to notify administering authority)
   58.     Amendment of s 321 (What is an environmental evaluation)
   59.     Amendment of s 326BA (When environmental investigation required—contamination of land)
   60.     Amendment of s 326F (Administering authority may request further information)
   61.     Replacement of s 331 (Content of program)
   62.     Amendment and relocation of ch 7, pt 3, div 2, hdg (Submission and approval of transitional environmental programs)
   63.     Amendment of s 332 (Administering authority may require draft program)
   64.     Replacement of ss 333–334A
   65.     Amendment of s 335 (Public notice of submission for approval of certain draft programs)
   66.     Amendment of s 336 (Authority may call conference)
   67.     Amendment of s 337 (Administering authority to consider draft programs)
   68.     Amendment of s 338 (Criteria for deciding draft program)
   69.     Replacement of s 339 (Decision about draft program)
   70.     Amendment of s 340 (Notice of decision)
   71.     Insertion of new s 340A
   72.     Replacement of s 341 (Content of approved program)
   73.     Amendment of s 343 (Failure to approve draft program taken to be refusal)
   74.     Amendment of s 343A (Notation of approval of transitional environmental program on particular environmental authorities)
   75.     Amendment of s 344 (Application)
   76.     Amendment of s 344E (Cancelling approval)
   77.     Amendment of s 345 (Annual return)
   78.     Amendment of s 352 (Authority to act on notice)
   79.     Amendment of s 353 (Effect of program notice)
   80.     Amendment of s 357A (What is an applicable event)
   81.     Amendment of s 363AA (Definitions for division)
   82.     Amendment of s 363B (Authorised person may issue a direction notice)
   83.     Amendment of s 363D (Requirements of direction notices)
   84.     Insertion of new s 370A
   85.     Amendment of s 371 (Grounds for including land in environmental management register)
   86.     Amendment of ch 7, pt 8, div 2, sdiv 2, hdg (Process for including land in relevant land register)
   87.     Amendment of s 373 (Application of sdiv 2)
   88.     Amendment of s 375 (Show cause notice to be given to owner of land)
   89.     Insertion of new ch 7, pt 8, div 2, sdiv 2A
   90.     Replacement of s 389 (Content of contaminated land investigation document)
   91.     Amendment of s 405 (Registrar of titles to maintain records about contaminated land)
   92.     Amendment of s 432 (Contravention of requirement of program)
   93.     Omission of s 432A (Contravention of condition of approval)
   94.     Amendment of s 440O (Local law may prescribe noise standards)
   95.     Amendment of s 440R (Building work)
   96.     Amendment of s 440S (Regulated devices)
   97.     Amendment of s 440ZA (Operating power boat engine at premises)
   98.     Amendment of s 460 (General powers for places and vehicles)
   99.     Amendment of s 465 (Power to require answers to questions)
   100.    Amendment of s 476 (Failure to attend or answer questions)
   101.    Insertion of new ch 9, pt 5A
   102.    Insertion of new s 486A
   103.    Amendment of s 490 (Evidentiary provisions)
   104.    Amendment of s 491 (Special evidentiary provision—particular emissions)
   105.    Amendment of s 493 (Executive officers must ensure corporation complies with Act)
   106.    Amendment of s 493A (When environmental harm or related acts are unlawful)
   107.    Amendment of s 502 (Court may make particular orders)
   108.    Insertion of new s 506A
   109.    Amendment of s 540A (Registers to be kept by chief executive)
   110.    Amendment of s 542 (Inspection of register)
   111.    Insertion of new s 542A
   112.    Amendment of s 554 (Electronic notices about applications and submissions)
   113.    Amendment of s 564 (Definitions for pt 3)
   114.    Replacement of s 574C (Report and declaration to accompany document)
   115.    Amendment of ch 12, pt 3A, div 4, hdg (Suspension or cancellation of approval)
   116.    Amendment of s 574D (Grounds for suspension or cancellation)
   117.    Amendment of s 574E (Show cause notice)
   118.    Amendment of s 574G (Suspension or cancellation)
   119.    Replacement of s 574H (Who may make a complaint)
   120.    Amendment of s 574M (False or misleading information about reports or certification)
   121.    Insertion of new ch 12, pt 4C
   122.    Insertion of new ch 13, pt 31
   123.    Amendment of sch 1 (Exclusions relating to environmental nuisance or environmental harm)
   124.    Amendment of sch 2 (Original decisions)
   125.    Amendment of sch 4 (Dictionary)

   PART 3 - AMENDMENT OF LAND TITLE ACT 1994

   126.    Act amended
   127.    Amendment of s 50 (Requirements for registration of plan of subdivision)

   PART 4 - AMENDMENT OF WASTE REDUCTION AND RECYCLING ACT 2011

   128.    Act amended
   129.    Amendment of s 99GD (Restriction on sale of banned single-use plastic items)
   130.    Amendment of s 172 (Procedure for amending, cancelling or suspending end of waste code)
   131.    Amendment of s 173M (Applying to amend end of waste approval)
   132.    Amendment of s 173N (Deciding amendment application)
   133.    Amendment of s 173O (Applying to transfer end of waste approval)
   134.    Insertion of new ch 16, pt 4
   135.    Amendment and numbering of schedule (Dictionary)

   PART 5 - AMENDMENT OF WET TROPICS WORLD HERITAGE PROTECTION AND MANAGEMENT ACT 1993

   136.    Act amended
   137.    Amendment of s 10 (Authority’s functions)
   138.    Amendment of s 17 (Duration of appointment etc.)
   139.    Amendment of s 41 (Preparation of plans by authority)
   140.    Amendment of s 51 (Inconsistency between plans)
   141.    Amendment of s 56 (Prohibited acts)
   142.    Insertion of new pt 9
   143.    Omission of sch 2 (World heritage convention)
   144.    Amendment of sch 3 (Dictionary)

   PART 6 - LEGISLATION AMENDED

   145.    Legislation amended
           SCHEDULE 1