Queensland Numbered Acts

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 NO. 53

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Brisbane Forest Park Act 1977
   3.      Act amended in pt 2
   4.      Insertion of new s 36A
           Part 3--Amendment of Coastal Protection And Management Act 1995
   5.      Act amended in pt 3 and schedule
   6.      Insertion of new s 18A
   7.      Amendment of s 60 (Tidal works notices)
   8.      Amendment of s 103 (Application of pt 6)
   9.      Replacement of s 124 (Obligation to keep certain tidal works in safe condition)
   10.     Amendment of s 145 (Proceedings for indictable offences)
   11.     Amendment of schedule (Dictionary)
           Part 4--Amendment of Environmental Protection Act 1994
   12.     Act amended in pt 4 and schedule
   13.     Replacement of s 26 (Preparation of draft policies)
   14.     Omission of ss 29 to 32
           15. Amendment of s 33 (Approval of final policy)
   16.     Omission of ss 35 and 36
           17. Amendment of s 49 (Decision on whether EIS may proceed)
   18.     Amendment of s 50 (Ministerial review of refusal to allow to proceed)
   19.     Amendment of s 51 (Public notification)
   20.     Amendment of s 52 (Required content of EIS notice)
   21.     Amendment of s 56 (Response to submissions)
   22.     Insertion of new ss 56A and 56B
           23. Replacement of s 57 (EIS assessment report)
   24.     Amendment of s 62 (Chief executive may seek advice, comment or information)
   25.     Amendment of s 64 (Inquiry does not alter process)
   26.     Amendment of s 66 (Amending EIS)
   27.     Amendment of s 73G (When registration certificate takes effect)
   28.     Amendment of s 77 (What is a petroleum activity, a level 1 petroleum activity and a level 2 petroleum activity)
   29.     Amendment of s 86 (Joint application may be made)
   30.     Amendment of s 92 (Steps after granting application and the giving of financial assurance)
   31.     Insertion of new s 95A
           32. Amendment of s 97 (Criteria for decision)
   33.     Amendment of s 98 (Conditions that may and must be imposed)
   34.     Amendment of s 99 (Steps after granting application and the giving of financial assurance)
   35.     Amendment of s 103 (Environmental management plan)
   36.     Amendment of s 115 (Steps after granting application and the giving of financial assurance)
   37.     Amendment of s 122 (Public notice may be required)
   38.     Replacement of s 129 (Transfer only by approval)
   39.     Amendment of s 133 (Audit statement may be required)
   40.     Amendment of s 134 (Deciding application)
   41.     Amendment of s 136 (Steps after making decision)
   42.     Amendment of s 139 (When surrender application required)
   43.     Amendment of s 145F (Conditions for cancellation or suspension)
   44.     Replacement of s 145P (Power to require change to financial assurance)
   45.     Amendment of s 148 (Types of environmental authority (mining activities))
   46.     Amendment of s 154 (General requirements for application)
   47.     Amendment of s 162 (Decision about EIS requirement)
   48.     Amendment of s 163 (Minister's power to overturn decision about EIS requirement)
   49.     Amendment of s 167 (Modified application of pt 6, divs 6 to 8)
   50.     Replacement of s 168 (Non-code compliant application fee must be paid if decision is to grant non-code compliant authority)
   51.     Amendment of s 171C (Notice about refusal or condition decision)
   52.     Amendment of s 171D (Modified application of pt 6, divs 5 to 8)
   53.     Insertion of new s 171DA
           54. Omission of s 185 (Application of div 3)
   55.     Amendment of s 203 (Content requirements for submitted EM plan)
   56.     Amendment of s 210 (Conditions that may and must be included in draft environmental authority)
   57.     Amendment of s 226 (Grant of application)
   58.     Insertion of new s 226A
           59. Amendment of s 238 (Who may apply)
   60.     Amendment of s 246 (Assessment level and EIS decisions for application)
   61.     Amendment of s 247 (Ministerial decision about assessment level and EIS decisions)
   62.     Replacement of s 247A (Criteria for making assessment level decision)
   63.     Amendment of s 251 (Relevant application process applies)
   64.     Amendment of s 254 (Public notice of application)
   65.     Amendment of s 255 (Objection period)
   66.     Replacement of s 259 (Transfer only by approval)
   67.     Amendment of s 260 (General requirements for transfer application)
   68.     Amendment of s 261 (Audit statement may be required)
   69.     Amendment of s 264 (Steps after making decision)
   70.     Insertion of new ch 5, pt 9A
   71.     Amendment of s 268 (Surrender only by approval)
   72.     Replacement of s 269 (Surrender may be partial)
   73.     Amendment of s 274 (Content requirements for report)
   74.     Amendment of s 278 (Criteria for decision)
   75.     Insertion of new ss 278A and 278B
           76. Amendment of s 279 (Steps after making decision)
   77.     Insertion of new s 279A
           78. Amendment of s 289 (False or misleading information about environmental audits)
   79.     Amendment of s 298 (Notice of proposed action decision)
   80.     Amendment of s 358 (When order may be issued)
   81.     Amendment of s 364 (When financial assurance may be required)
   82.     Amendment of s 366 (Application for amendment or discharge of financial assurance)
   83.     Amendment of s 436 (Unlawful environmental harm)
   84.     Amendment of s 480 (False, misleading or incomplete documents)
   85.     Amendment of s 481 (False or misleading information)
   86.     Amendment of s 492 (Responsibility for acts or omissions of representatives)
   87.     Amendment of s 540 (Required registers)
   88.     Amendment of s 549 (Minister may approve standard environmental conditions)
   89.     Amendment of s 549A (When standard environmental conditions must be complied with)
   90.     Amendment of s 619 (Continuing effect of particular environmental authorities)
   91.     Amendment of s 624 (Effect of commencement on particular approvals)
   92.     Omission of s 629 (Continuing operation of s 594 (Limited application of s 427 for transitional authority))
   93.     Amendment of s 631 (Financial assurance if security for related petroleum authority is monetary)
   94.     Amendment of s 632 (Financial assurance if security for related petroleum authority is non-monetary)
   95.     Amendment of s 634 (Amendment of financial assurance condition under this part)
   96.     Insertion of new ch 13, pt 8
   97.     Amendment of sch 1 (Original decisions)
   98.     Amendment of sch 3 (Dictionary)
           Part 5--Amendment of Forestry Act 1959
   99.     Act amended in pt 5 and schedule
   100.    Amendment of s 35 (Granting of permit for land within State forest)
   101.    Amendment of s 73 (Unlawfully using State forests etc.)
           Part 6--Amendment of Integrated Planning Act 1997
   102.    Act amended in pt 6
   103.    Amendment of s 1.3.5 (Definitions for terms used in development)
   104.    Amendment of s 1.4.1 (Lawful uses of premises on 30 March 1998)
   105.    Amendment of s 3.8.1 (Mobile and temporary environmentally relevant activities)
   106.    Amendment of s 4.3.1 (Carrying out assessable development without permit)
   107.    Amendment of s 4.3.3 (Compliance with development approval)
   108.    Amendment of s 4.3.4 (Compliance with identified codes about use of premises)
   109.    Amendment of s 4.3.5 (Offences about the use of premises)
   110.    Amendment of s 4.3.6 (Development or use carried out in emergency)
   111.    Insertion of new s 4.3.6A
           112. Insertion of new ch 6, pt 6
   113.    Amendment of sch 8 (Assessable development and self-assessable development)
           Part 7--Amendment of Marine Parks Act 2004
   114.    Act amended in pt 7
   115.    Amendment of s 21 (Zoning plan)
   116.    Amendment of s 23 (Preparation of final plan)
   117.    Amendment of s 25 (Amendment of zoning plan)
   118.    Amendment of s 27 (Preparation of final amendment)
   119.    Amendment of s 28 (Tabling of statement with zoning plan or amendment)
   120.    Amendment of s 43 (Entry or use for a prohibited purpose)
   121.    Amendment of s 131 (Proceedings for indictable offence)
   122.    Amendment of s 155 (Existing zoning plans)
   123.    Insertion of new s 155A
           124. Insertion of new s 156A
           125. Amendment of schedule (Dictionary)
           Part 8--Amendment of Mineral Resources Act 1989
   126.    Act amended in pt 8
   127.    Amendment of s 64A (Issue of certificate of public notice)
   128.    Amendment of s 252A (Issue of certificate of public notice)
   129.    Amendment of s 391A (Restriction on decisions or recommendations about mining tenements)
           Part 9--Amendment of Nature Conservation Act 1992
   130.    Act amended in pt 9 and schedule
   131.    Amendment of s 34 (Leases etc. over protected areas)
   132.    Amendment of s 45 (Conservation agreements)
   133.    Amendment of s 62 (Restriction on taking etc. of cultural and natural resources of protected areas)
   134.    Replacement of s 70R (Expiry)
           135. Amendment of s 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal)
   136.    Amendment of s 88A (Restriction on keeping or use of lawfully taken protected animal)
   137.    Amendment of s 88B (Offence to keep or use native wildlife reasonably suspected to have been unlawfully taken)
   138.    Amendment of s 89 (Restriction on taking etc. protected plants)
   139.    Amendment of s 90 (Restriction on using particular protected plants)
   140.    Amendment of s 91 (Restriction on release etc. of international and prohibited wildlife)
   141.    Amendment of s 97 (Restriction taking etc. of native wildlife in areas of major interest and critical habitats)
   142.    Amendment of s 111 (Management plans)
   143.    Amendment of s 135 (Chief executive may inquire into applications)
   144.    Insertion of new ss 184A and 184B
           145. Amendment of schedule (Dictionary)
           Part 10--Amendment of Queensland Heritage Act 1992
   146.    Act amended in pt 10
   147.    Amendment of s 35 (Application for exemption certificate)
   148.    Replacement of s 37 (Council may give certificate of exemption without application)
   149.    Amendment of s 38 (Exemption certificate for liturgical purposes)
   150.    Amendment of s 39 (Heritage agreements)
   151.    Amendment of schedule (Dictionary)
           Part 11--Amendment of Statutory Instruments Act 1992
   152.    Act amended in pt 11
   153.    Amendment of sch 2A (Subordinate legislation to which part 7 does not apply)
           Part 12--Amendment of Wet Tropics World Heritage Protection and Management Act 1993
   154.    Act amended in pt 12 and schedule
   155.    Amendment of s 4 (Definitions)
   156.    Amendment of s 53 (Review of plans)
   157.    Replacement of sch 1 (Wet tropics world heritage area management scheme)
   158.    Insertion of new sch 3
           Part 13--Other amendments of Acts
   159.    Amendments in schedule
           SCHEDULE MINOR AMENDMENTS