Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SCHEDULE 4

SCHEDULE 4 – Dictionary

"abate" ...

"accreditation program" , for an agricultural ERA, for chapter 5A , part 5A , see section 318YB .

"accredited" , under a recognised accreditation program for an agricultural ERA, for chapter 5A , part 5A , see section 318YA .

"additional condition" ...

"administering authority" means—

(a) for a matter, the administration and enforcement of which has been devolved to a local government under section 514 —the local government; or

(b) for another matter—the chief executive.

(a) for a matter, the administration and enforcement of which has been devolved to a local government under section 514 —the local government’s chief executive officer; or

(b) for another matter—the chief executive.

1 Generally, the
"anniversary day" for an environmental authority means—

(a) for an environmental authority for a resource activity—each anniversary of the day the relevant tenure is granted; or

(b) for an environmental authority for a prescribed ERA—each anniversary of the day the environmental authority takes effect.

Note—

See, however, sections 602 , 677 , 680 , 682 and 690 .

2 Also—

(a) if the anniversary day for an environmental authority is changed under chapter 5 , part 15 , division 3 , the
"anniversary day" for the authority is the day as changed; or

(b) if the administering authority decides to approve an amalgamation application for an amalgamated local government authority or amalgamated project authority, the
"anniversary day" for the amalgamated environmental authority is the day stated in section 247A .

3 The anniversary day for an environmental authority does not change merely because the authority is amended, de-amalgamated or transferred.

(a) the properly made application for the environmental authority, the proposed PRC plan or the properly made amendment application for the environmental authority or PRCP schedule;

(b) if an EIS is submitted under chapter 3 , part 1 for the relevant activity—

(i) the submitted EIS; and

(ii) any EIS assessment report for the submitted EIS;

(c) if the application, proposed PRC plan or amendment application relates to a coordinated project—

(i) any EIS or IAR prepared for the project under the State Development Act , part 4 ; and

(ii) any report under the State Development Act , section 34D evaluating an EIS for the project;

(d) for a site-specific application for a mining activity relating to a mining lease—the proposed PRC plan for the application.

1
"Appropriately qualified" , for an entity to whom a power under this Act may be delegated or subdelegated, includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

2 If the power may be delegated or subdelegated by a local government, the following are
"appropriately qualified" entities for the delegation or subdelegation—

(a) the local government’s mayor;

(b) a standing committee or a chairperson of a standing committee of the local government;

(c) the local government’s chief executive officer;

(d) an employee of the local government, having the qualifications, experience or standing appropriate to exercise the power.

Example of standing for paragraph (d)—

the employee’s classification level in the local government

(a) any kind of structure; and

(b) part of a building.

1
"Development condition" , of a development approval, means a condition of the approval imposed by, or because of a requirement of—

(a) the administering authority as the assessment manager or a referral agency for the application for the approval; or

(b) the planning chief executive as the assessment manager or a referral agency for the application for the approval, if the planning chief executive nominates the administering authority as the enforcement authority under the Planning Act for the development to which the condition relates.

2 The term includes a reference to a condition referred to in the State Development Act , section 39 (1) .

3 To remove any doubt, it is declared that if a condition mentioned in paragraph 1 was imposed on a development approval because the approval related to an environmentally relevant activity, the condition does not stop being a development condition only because the activity stops being an environmentally relevant activity.

(a) a conviction for an environmental offence; or

(b) the cancellation or suspension of—

(i) an environmental authority; or

(ii) a registration of a suitable operator under chapter 5A , part 4 ; or

(iii) an authority, instrument, licence or permit, however called, similar to an environmental authority or a registration of a suitable operator under a corresponding law; or

(c) an event prescribed under a regulation to be a disqualifying event.

(a) generally—

(i) an environmental authority issued under section 195 that approves an environmentally relevant activity applied for in an application; or

(ii) if a replacement environmental authority is issued for an environmental authority—the replacement environmental authority; or

(b) for chapter 5 , part 14 , division 3 , see section 316A .

(a) an offence against any of the following provisions—

†¢ section 260

†¢ section 295 (3)

• chapter 7 , part 2

†¢ section 357 (5)

†¢ section 361

• chapter 8 ; or

(b) an offence against a corresponding law, if the act or omission that constitutes the offence would, if it happens in the State, be an offence against a provision mentioned in paragraph (a) .

(a) an environmental authority; or

(b) a transitional environmental program; or

(c) a clean-up notice; or

(d) a site management plan; or

(e) a PRCP schedule; or

(f) a condition of an environmental authority or PRCP schedule that has ended or ceased to have effect, if the condition—

(i) continues to apply after the authority or schedule has ended or ceased to have effect; and

(ii) has not been complied with.

Note—

See section 207 (3) and definition
"conditions" .

(a) an environmental standard (however called) set out, or otherwise provided for, in a regulation under this Act; or

(b) an outcome or objective that is directed at protecting or enhancing environmental values set out in an environmental protection policy.

(a) if the corporation is the Commonwealth or a State—a chief executive of a department of government or a person who is concerned with, or takes part in, the management of a department of government, whatever the person’s position is called; or

(b) if the corporation is a local government—

(i) the chief executive officer of the local government; or

(ii) a person who is concerned with, or takes part in, the local government’s management, whatever the person’s position is called; or

(c) if paragraphs (a) and (b) do not apply—a person who is—

(i) a member of the governing body of the corporation; or

(ii) concerned with, or takes part in, the corporation’s management;

whatever the person’s position is called and whether or not the person is a director of the corporation.

(a) an exploration permit under the Mineral Resources Act ; or

(b) a former exploration permit under the Mineral Resources Act continued in effect under section 148 of that Act.

(a) a geothermal permit;

(b) a geothermal lease;

(c) another approval under the Geothermal Act which grants rights over land.

(a) a GHG exploration permit (also called a GHG permit);

(b) a GHG injection and storage lease (also called a GHG lease);

(c) a GHG injection and storage data acquisition authority (also called a GHG data acquisition authority);

(d) another approval under the GHG storage Act which grants rights over land.

(a) its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, explosiveness, radioactivity or flammability; or

(b) its physical, chemical or infectious characteristics.

1 The
"holder" of a transitional environmental program is—

(a) the person or public authority to whom the transitional environmental program was issued; or

(b) if the transitional environmental program relates to an environmental authority—the holder of the environmental authority.

2 The
"holder" of an environmental authority for a prescribed ERA is—

(a) the person who made an application for the authority; or

(b) if a transfer application for the authority has been approved under chapter 5 , part 9 —the person to whom the transferred environmental authority has been issued.

3 The
"holder" of an environmental authority or PRC plan for a resource activity is the holder of the relevant tenure.

4 The
"holder" of a resource tenure is the holder of the tenure under resource legislation.

4A However, if a resource tenure for which a holder has an environmental authority or PRCP schedule ends, the person who was the holder of the tenure under resource legislation immediately before it ended continues to be the holder of the environmental authority or PRCP schedule.

5 The
"holder" of a temporary emissions licence is the holder of the environmental authority to which the temporary emissions licence relates.

6 However, if a holder of an environmental authority under paragraph 1 or 2 dies, that person’s personal representative becomes the holder.

(a) the decision; and

(b) if the decision is a decision other than to impose a condition on an environmental authority, the reasons for the decision; and

(c) the review or appeal details.

Note—

A copy of the Intergovernmental Agreement on the Environment is in the National Environment Protection Council (Queensland) Act 1994 , schedule .

(a) the airspace above land; and

(b) land that is, or is at any time, covered by waters; and

(c) waters.

(a) a mineral development licence under the Mineral Resources Act ; or

(b) a former mineral development licence under the Mineral Resources Act continued in effect under section 215 of that Act.

(a) a prospecting permit; or

(b) a mining claim; or

(c) an exploration permit; or

(d) a mineral development licence; or

(e) a mining lease; or

(f) another approval under the Mineral Resources Act which grants rights over land.

(a) carried out at various locations using transportable plant or equipment, including a vehicle; and

(b) that does not result in the building of any permanent structures or any physical change of the landform at the locations (other than minor alterations solely necessary for access and setup, including, for example, access ways, footings and temporary storage areas); and

(c) carried out at any one of the locations—

(i) for less than 28 days in a calendar year; or

(ii) for 28 or more days in a calendar year only if the activity is necessarily associated with, and is exclusively used in, the construction or demolition phase of a project.

(a) the National Environment Protection Council Act 1994 (Cwlth) ; and

(b) the National Environment Protection Council (Queensland) Act 1994 .

(a) means living and non-living things that occur naturally at 1 or more places on Earth; and

(b) does not include amenity or aesthetic, cultural, economic or social conditions.

(a) that gave an objection notice under section 182 (2) ; and

(b) whose objection notice is still current.

Note—

For when an objection notice ceases to have effect, see section 182 (4) .

1 The
"owner" of land is—

(a) for freehold land—the person recorded in the freehold land register as the person entitled to the fee simple interest in the land; or

(b) for land held under a lease, licence or permit under an Act—the person who holds the lease, licence or permit; or

(c) for trust land under the Land Act 1994 —the trustees of the land; or

(d) for Aboriginal land under the Aboriginal Land Act 1991 —the persons to whom the land has been transferred or granted; or

(e) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 —the persons to whom the land has been transferred or granted; or

(f) for land for which there is a native title holder under the Native Title Act 1993 (Cwlth) —each registered native title party in relation to the land.

2 Also, a mortgagee of land is the
"owner" of the land if—

(a) the mortgagee is acting as a mortgagee in possession of the land and has the exclusive management and control of the land; or

(b) the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.

(a) any chlorofluorocarbon or halon; or

(b) another substance prescribed by regulation to be an ozone depleting substance.

(a) the driver of the vehicle; and

(b) the person in command of the vehicle; and

(c) the person who appears to be in control or command of the vehicle.

(a) a 1923 Act petroleum tenure granted under the Petroleum Act 1923 ; or

(b) a petroleum authority granted under the P&G Act ; or

(c) a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982 ; or

(d) another approval under the Petroleum Act 1923 , the P&G Act or the Petroleum (Submerged Lands) Act 1982 which grants rights over land.

(a) for chapter 7 , part 5B , see section 363G ; or

(b) for chapter 7 , part 5C , see section 363M ; or

(c) for sections 487 and 488 , has the meaning given by section 363G .

(a) an authority to prospect under the P&G Act , if the intention of the holder is to explore and test for coal seam gas;

(b) an exploration permit for coal;

(c) a mineral development licence for coal;

(d) a mining lease for coal;

(e) a petroleum lease authorising the production of coal seam gas.

1 Each of the following persons is a
"prescribed responsible person" for land—

(a) if a person released a hazardous contaminant contaminating the land—the person;

(b) the relevant local government;

(c) if sub paragraph (a) or (b) does not apply—the owner of the land in relation to whom either of the following applies—

(i) when the owner acquired the land particulars of the land were recorded in the environmental management register or the contaminated land register;

(ii) the land became contaminated after the owner acquired the land.

1A Despite paragraph 1(a), the person is a prescribed responsible person for the land only if—

(a) the person is known; and

(b) the administering authority can, after making reasonable efforts, locate the person.

2 Despite paragraph 1(b), a local government is a prescribed responsible person for land only if—

(a) the administering authority reasonably believes—

(i) the land became contaminated because the local government gave approval for the use of, or an activity to be carried out on, the land; and

(ii) in giving the approval, the local government did not comply with the requirements under any Act in relation to the approval; and

(iii) the local government ought reasonably to have known that giving the approval would result in the land becoming contaminated; or

(b) both of the following apply—

(i) the local government gave approval for the use of, or an activity on, the land inconsistent with the particulars recorded for the land in the environmental management register or the contaminated land register;

(ii) the use or activity has caused environmental harm.

3 A mortgagee who is the owner of land is not an owner for paragraph 1(c).

(a) for chapter 3 —see section 55 (2) ; or

(b) for chapter 5 —see section 161 (2) .

Note—

See also sections 115 (4) (Development application taken to be application for environmental authority in particular circumstances) and 150 (3) (Notification stage does not apply to particular applications).

(a) for a project, means the person who proposes the project; or

(b) for chapter 3 , part 1 , see section 39 .

(a) for chapter 5 , part 11 —see section 280 (1) (a) ; or

(b) for chapter 5A , part 4 , division 2 —see section 318L (1) (a) ; or

(c) for chapter 5A , part 5A , division 6 —see section 318YR (1) ;

(d) for chapter 12 , part 3A , division 4 —see section 574E (2) (a) .

(a) for chapter 5 , part 11 —see section 282 (2) ; or

(b) for chapter 5A , part 4 , division 2 —see section 318N (2) .

(a) complies with chapter 5 , part 2 , division 3 ; and

(b) either—

(i) accompanies the application; or

(ii) is submitted for the application after the application is made.

(a) a prospecting permit under the Mineral Resources Act ; or

(b) a former prospecting permit under the Mineral Resources Act continued in effect under section 30 of that Act.

(a) an entity established under an Act;

(b) a government owned corporation;

(c) Queensland Rail Limited ACN 132 181 090.

Examples of a railway facility—

railway bridge, railway communications system, railway marshalling station and yard, railway track, works built for a railway

(a) for an environmental evaluation—the person on whom the requirement for the evaluation is made; or

(b) for an environmental protection order—the person to whom the order is issued; or

(c) for a notice to conduct or commission a site investigation—the person to whom the notice is given; or

(d) for a notice to prepare or commission a site investigation report—the person to whom the notice is given.

(a) the administering authority;

(b) the department in which the Fisheries Act 1994 or Water Act 2000 is administered;

(c) a local government;

(d) a public authority;

(e) an agency, however called, established under a corresponding law with similar functions to the functions of the chief executive;

(f) a ministerial council established by the Council of Australian Governments;

(g) the Commonwealth Scientific and Industrial Research Organisation;

(h) a cooperative research centre completely or partly funded by the Commonwealth;

(i) an Australian university.

(a) the administering authority to—

(i) approve or refuse, or follow stated procedures for evaluating, any of the following applications—

(A) an application for an environmental authority and any proposed PRCP schedule for the application;

(B) an amendment application or surrender application for an environmental authority or an amendment application for a PRCP schedule;

(C) a progressive certification application under chapter 5A , part 6 ;

(D) an application for the issue of a transitional environmental program; or

(ii) impose or amend a condition of an environmental authority, PRCP schedule or transitional environmental program; or

(b) the chief executive to decide whether to—

(i) allow a draft terms of reference to proceed to public notification under section 41A ; or

(ii) allow a submitted EIS to proceed under section 49 or 56A ; or

(c) the Land Court to make an objections decision under section 191 .

(a) to deposit, discharge, emit or disturb the contaminant; and

(b) to cause or allow the contaminant to be deposited, discharged, emitted or disturbed; and

(c) to fail to prevent the contaminant from being deposited, discharged, emitted or disturbed; and

(d) to allow the contaminant to escape; and

(e) to fail to prevent the contaminant from escaping.

(a) for an environmental authority, means the environmentally relevant activity the subject of the authority; or

(b) for an application for an environmental authority—means the environmentally relevant activity the subject of the application; or

(c) for a proposed PRC plan or PRC plan— means the relevant activities to be carried out on land the subject of the plan; or

(d) in relation to a company, for chapter 7 , part 5 , division 2 , see section 363AA .

(a) an environmental authority for a mining activity—means the mining activity the subject of the authority; or

(b) an application for an environmental authority for a mining activity—means the mining activity the subject of the application; or

(c) a proposed PRC plan or PRC plan—means the mining activity to be carried out on land the subject of the plan.

(a) an environmental authority for a resource activity—means a resource activity the subject of the authority; or

(b) an application for an environmental authority for a resource activity—means a resource activity the subject of the application; or

(c) a proposed PRC plan or PRC plan— means the relevant activities to be carried out on land the subject of the plan.

(a) a resource tenure to which a relevant resource activity relates; or

(b) a proposed resource tenure to which a relevant resource activity relates.

(a) rehabilitate the land; or

(b) restore the land; or

(c) take other action to prevent or minimise serious environmental harm being caused by the hazardous contaminant contaminating the land.

(a) if a new environmental authority is issued for the environmentally relevant activity the subject of the authority—the new environmental authority; or

(b) if the authority is amended—the amended environmental authority issued under section 242 (1) (b) ; or

(c) if a transfer application for the authority is approved—the transferred environmental authority issued under section 255 (1) (b) ; or

(d) if an amalgamation application for the authority is approved—the amalgamated environmental authority issued under section 248 (b) ; or

(e) if the administering authority de-amalgamates an environmental authority under section 250C —each of the de-amalgamated environmental authorities issued under section 250C (1) (c) .

(a) prepared by the chief executive; and

(b) published—

(i) on the administering authority’s website; and

(ii) in other publicly available ways the administering authority considers appropriate.

(a) the risk that, although the land has been rehabilitated and appropriately managed, remedial action will need to be carried out in relation to the land in the foreseeable future;

(b) the risk that ongoing management activities will need to be carried out in relation to the land, including—

(i) monitoring the condition of the land or site features of the land; and

(ii) taking action to prevent or minimise environmental harm caused by the land or site features of the land.

Examples of ongoing management activities—

• maintaining fences to ensure the safety of steep slopes or to prevent access to contaminated areas

• providing a pump-back system to manage the discharge of contaminants

• continuing a monitoring and verification plan under the GHG storage Act to ensure GHG stream storage under that Act is taking place as predicted

(a) the Geothermal Act ;

(b) the GHG storage Act ;

(c) the Mineral Resources Act ;

(d) the Petroleum Act 1923 ;

(e) the P&G Act ;

(f) the Petroleum (Submerged Lands) Act 1982 .

(a) a geothermal tenure; or

(b) a GHG storage tenure; or

(c) a mining tenure; or

(d) a petroleum tenure.

(a) that a person as follows may apply for a review of, or appeal against, the decision to which the notice or order relates—

(i) the person given the notice or order;

(ii) another dissatisfied person for the original decision to which the notice or order relates;

(b) about whether the person may apply for a review or may appeal against the decision;

(c) about the period or time allowed for making the application for a review or for starting an appeal;

(d) if the person may apply for a review—about how to apply for a review;

(e) if the person may appeal—about how to start an appeal.

(a) for chapter 5A , part 5A , division 6 —see section 318YR (1) ; or

(b) for chapter 7 , part 8 , division 2 , subdivision 2 —see section 375 (1) ; or

(c) for chapter 7 , part 8 , division 2 , subdivision 2 —see section 391 ; or

(d) for chapter 12 , part 3A , division 4 , see section 574E (1) .

(a) surface and subsurface infrastructure on the land related to resource activities;

(b) other structures on the land related to resource activities;

(c) modifications of the land related to resource activities carried out on the land.

Examples of modifications of land—

tailings storage facilities, voids, waste rock dumps

(a) is carried out under a mining claim, for corundum, gemstones or other precious stones, the area of which is not more than 20ha, and that—

(i) does not, or will not, at any time cause more than 5ha of land to be significantly disturbed; and

(ii) is not, or will not be, carried out in a designated precinct in a strategic environmental area; and

(iii) is not, or will not be, carried out in a watercourse or riverine area; and

(iv) is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and

(v) is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and

(vi) is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and

(vii) is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and

(viii) is not, or will not be, carried out by more than 20 persons at any one time; and

(ix) does not, or will not, at any time cause more than 5,000m 2 of land to be disturbed at a camp site; or

(b) is carried out under an exploration permit, for minerals other than coal, the area of which is not more than 4 sub-blocks and that—

(i) is not, or will not be, carried out in a designated precinct in a strategic environmental area; and

(ii) is not, or will not be, carried out in a watercourse or riverine area; and

(iii) is not, or will not be, carried out in or within 1km of an area that, under a regulation, is a category A environmentally sensitive area; and

(iv) is not, or will not be, carried out in or within 500m of an area that, under a regulation, is a category B environmentally sensitive area; and

(v) is not, or will not be, carried out in an area prescribed under a regulation as a designated environmental area for this definition; and

(vi) is not, or will not be, carried out as part of a petroleum activity or a prescribed ERA for which there is an aggregate environmental score prescribed under a regulation; and

(vii) does not, or will not, at any time cause more than 1,000m 2 of land to be disturbed; or

(c) is carried out under a prospecting permit.

(a) for an environmental authority or application for an environmental authority for an environmentally relevant activity—means the conditions applying for the activity under an ERA standard; or

(b) for a person carrying out an agricultural ERA—means the conditions applying for the agricultural ERA under an agricultural ERA standard.

(a) the following principles of environmental policy as set out in the Intergovernmental Agreement on the Environment—

(i) the precautionary principle;

(ii) intergenerational equity;

(iii) conservation of biological diversity and ecological integrity; and

(b) any Commonwealth or State government plans, standards, agreements or requirements about environmental protection or ecologically sustainable development; and

(d) any relevant environmental impact study, assessment or report; and

(e) the character, resilience and values of the receiving environment; and

(f) all submissions made by the applicant and submitters; and

(g) the best practice environmental management for activities under any relevant instrument, or proposed instrument, as follows—

(i) an environmental authority;

(ii) a transitional environmental program;

(iii) an environmental protection order;

(iv) a disposal permit;

(v) a development approval; and

(h) the financial implications of the requirements under an instrument, or proposed instrument, mentioned in paragraph (g) as they would relate to the type of activity or industry carried out, or proposed to be carried out, under the instrument; and

(i) the public interest; and

(j) any relevant site management plan; and

(k) any relevant integrated environmental management system or proposed integrated environmental management system; and

(l) any other matter prescribed under a regulation.

(a) for an environmental authority or draft environmental authority—see section 207 (1) (b) ; or

(b) for a PRCP schedule or proposed PRCP schedule—see section 206A (3) .

(a) the person’s knowledge, intention, opinion, belief or purpose; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(a) for chapter 3 , part 1 —see section 39 ; or

(b) for chapter 5 , part 4 —see section 153 (1) (g) .

(a) for an application or proposed PRC plan, means an entity who makes a properly made submission about the application or plan; or

(b) for chapter 7 , part 8 , division 3 , subdivision 4 , see section 397 .

1
"Watercourse" means a river, creek or stream in which water flows permanently or intermittently—

(a) in a natural channel, whether artificially improved or not; or

(b) in an artificial channel that has changed the course of the watercourse.

2
"Watercourse" includes the bed and banks and any other element of a river, creek or stream confining or containing water.

(a) intentionally; or

(b) recklessly; or

(c) with gross negligence.