Queensland Numbered Acts

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2014 NO. 59

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Biological Control Act 1987
   3.      Act amended
   4.      Amendment of s 3 (Definitions)
           5. Amendment of s 8 (Queensland Biological Control Authority)
   6.      Insertion of new pt 9
           Part 3--Amendment of Coastal Protection and Management Act 1995
   7.      Act amended
   8.      Amendment of s 133 (Protection from liability)
           Part 4--Amendment of Environmental Offsets Act 2014
   9.      Act amended
   9A.     Amendment of s 5 (Relationship with particular Acts)
   10.     Insertion of new s 13A
           10A. Amendment of s 13 (Content of environmental offsets policy)
   10B.    Insertion of new s 13B
           11. Replacement of s 14 (Imposing offset condition)
   12.     Replacement of s 15 (Restriction on imposition of offset condition)
   13.     Amendment of pt 6 hdg (Requirements about offset conditions)
   13A.    Amendment of s 16 (Conditions that apply under this Act to authority)
   13B.    Replacement of ss 18 and 19
           13C. Insertion of new s 19A
           13D. Insertion of new s 19B
           13E. Replacement of s 20 (Amending agreement after prescribed activity starts)
   13F.    Replacement of s 21 (What is a proponent-driven offset)
   13G.    Amendment of s 23 (What is a financial settlement offset)
   13H.    Amendment of s 24 (Requirements for financial settlement offsets)
   14.     Insertion of new pt 6A
   15.     Amendment of s 93 (Regulation-making power)
   15A.    Insertion of new ss 95A and 95B
           16. Amendment of sch 2 (Dictionary)
           Part 5--Amendment of Environmental Protection Act 1994
           Division 1--Preliminary
   17.     Act amended
           Division 2--Amendments commencing on assent
   17A.    Amendment of s 17 (Serious environmental harm)
   18.     Replacement of s 18 (Meaning of environmentally relevant activity)
   19.     Amendment of s 19 (Environmentally relevant activity may be prescribed)
   20.     Insertion of new s 19A
           21. Amendment of s 47 (When EIS may be submitted)
   22.     Amendment of s 49 (Decision on whether EIS may proceed)
   23.     Insertion of new s 49A
           24. Amendment of s 50 (Ministerial review of refusal to allow to proceed)
   25.     Amendment of s 51 (Public notification)
   26.     Amendment of s 52 (Required content of EIS notice)
   27.     Amendment of s 56A (Assessment of adequacy of response to submission and submitted EIS)
   28.     Insertion of new s 56AA
           29. Amendment of s 56B (Ministerial review of refusal to allow submitted EIS to proceed)
   30.     Amendment of s 57 (EIS assessment report)
   31.     Amendment of s 63 (Disclosure of relevant documents or information)
   32.     Amendment of s 64 (Making of inquiry does not of itself alter EIS process)
   33.     Amendment of s 112 (Other key definitions for ch 5)
   34.     Amendment of s 136 (When does application stage end)
   35.     Amendment of s 148 (When does information stage end)
   36.     Amendment of s 165 (When does decision stage start—general)
   37.     Amendment of s 207 (Conditions that may be imposed)
   38.     Amendment of s 213 (Amendment of environmental authorities to reflect new standard conditions)
   39.     Amendment of s 223 (Definitions for pt 7)
   40.     Amendment of s 226 (Requirements for amendment application generally)
   41.     Insertion of new ch 5, pt 7, div 2A
   42.     Insertion of new s 227B
           43. Amendment of s 240 (Deciding amendment application)
   44.     Amendment of s 241 (Criteria for deciding amendment application)
   45.     Amendment of s 242 (Steps after deciding amendment application)
   46.     Amendment of ch 5, pt 8, hdg (Amalgamating environmental authorities)
   47.     Amendment of s 243 (Definitions for pt 8)
   48.     Insertion of new ch 5, pt 8, div 1A, hdg
   49.     Amendment of ch 5, pt 8, div 3, hdg (Miscellaneous provisions)
   50.     Insertion of new ch 5, pt 8, div 4
   51.     Amendment of s 278 (Cancellation or suspension by administering authority)
   52.     Amendment of s 284B (Requirements for suspension application)
   53.     Amendment of s 293 (New holder must give financial assurance before acting under environmental authority or small scale mining tenure)
   54.     Amendment of s 295 (Deciding amount and form of financial assurance)
   55.     Amendment of s 302 (Who may apply)
   56.     Amendment of s 303 (Requirements for application)
   57.     Amendment of s 307 (Replenishment of financial assurance)
   58.     Amendment of s 309 (Particular requirement for annual return for CSG environmental authority)
   59.     Omission of s 309A (Particular requirement for annual return for existing petroleum tenure under P&G Act)
   60.     Amendment of s 314 (Requirement to replace environmental authority if non-compliance with eligibility criteria)
   61.     Replacement of ch 5A, pts 1 and 2
   62.     Amendment of s 323 (Administering authority may require environmental audit about other matters)
   63.     Amendment of s 330 (What is a transitional environmental program)
   64.     Amendment of s 331 (Content of program)
   65.     Amendment of s 357 (Power of Court to make order pending decision on application)
   66.     Insertion of new s 357AAA
           67. Amendment of s 357A (What is an applicable event)
   68.     Amendment of s 357B (Who may apply for temporary emissions licence)
   69.     Amendment of s 357G (Temporary emissions licence)
   70.     Amendment of s 357I (Failure to comply with conditions of licence)
   71.     Amendment of s 358 (When order may be issued)
   72.     Amendment of s 361 (Offence not to comply with order)
   73.     Amendment of s 363A (Prescribed provisions)
   74.     Amendment of s 363E (Offence not to comply with a direction notice)
   75.     Amendment of s 363I (Offence not to comply with clean-up notice)
   76.     Amendment of s 426 (Environmental authority required for particular environmentally relevant activities)
   77.     Amendment of s 430 (Contravention of condition of environmental authority)
   78.     Amendment of s 432 (Contravention of requirement of program)
   79.     Amendment of s 432A (Contravention of condition of approval)
   80.     Amendment of s 434 (Contravention of plan)
   81.     Amendment of s 435A (Offence to contravene prescribed conditions for particular activities)
   82.     Amendment of s 437 (Offences of causing serious environmental harm)
   83.     Amendment of s 438 (Offences of causing material environmental harm)
   84.     Amendment of s 440 (Offence of causing environmental nuisance)
   85.     Amendment of s 440Q (Offence of contravening a noise standard)
   86.     Amendment of s 440ZG (Depositing prescribed water contaminants in waters and related matters)
   87.     Omission of ch 8, pt 3D (Offences relating to releases from boats into non-coastal waters)
   88.     Amendment of s 440ZL (Sale of solid fuel-burning equipment for use in residential premises and related matters)
   89.     Amendment of s 440ZM (Permitted concentration of sulfur in liquid fuel for use in stationary fuel-burning equipment)
   90.     Amendment of s 442 (Offence of releasing prescribed contaminant)
   91.     Replacement of s 443 (Offence to place contaminant where environmental harm or nuisance may be caused)
   92.     Amendment of s 450 (Protection from liability)
   93.     Amendment of s 452 (Entry of place—general)
   94.     Amendment of s 462 (Procedure after seizure of evidence)
   95.     Amendment of s 478 (Failure to comply with authorised person's direction in emergency)
   96.     Amendment of s 480 (False or misleading documents)
   97.     Amendment of s 480A (Incomplete documents)
   98.     Amendment of s 481 (False or misleading information)
   99.     Amendment of s 493A (When environmental harm or related acts are unlawful)
   100.    Amendment of s 497 (Limitation on time for starting summary proceedings)
   101.    Amendment of s 498 (Notice of defence)
   101A.   Insertion of new s 504
           102. Insertion of new ch 10, pt 5
   103.    Amendment of s 540 (Registers to be kept by administering authority)
   104.    Amendment of s 548 (Chief executive may make guidelines for administering authorities)
   105.    Amendment of s 574M (False or misleading information about reports or certification)
   106.    Amendment of s 699 (Existing financial assurance requirement)
   106A.   Amendment of s 713 (Continued effect to make payment)
   107.    Insertion of new ch 13, pt 23
   108.    Amendment of sch 4 (Dictionary)
           Division 3--Amendments commencing by proclamation
   109.    Amendment of s 13 (Waste)
           110. Amendment of s 112 (Other key definitions for ch 5)
   111.    Amendment of s 122 (What is a standard application)
   112.    Amendment of s 123 (What is a variation application)
   113.    Amendment of s 125 (Requirements for applications generally)
   114.    Amendment of s 126 (Requirements for site-specific applications—CSG activities)
   115.    Amendment of s 150 (Notification stage does not apply if EIS process complete)
   116.    Amendment of s 153 (Required content of application notice)
   117.    Amendment of s 160 (Right to make submission)
   118.    Amendment of s 161 (Acceptance of submission)
   119.    Amendment of s 205 (Conditions that must be imposed for site-specific applications)
   120.    Amendment of s 228 (Assessment level decision for amendment application)
   121.    Amendment of s 229 (Notice of assessment level decision)
   122.    Amendment of s 232 (Relevant application process applies)
   123.    Amendment of s 320A (Application of div 2)
   124.    Amendment of s 320B (Duty of employee to notify employer)
   125.    Insertion of new ch 7, pt 1, div 2, sdivs 3A and 3B
   126.    Replacement of s 321 (What is an environmental evaluation)
   127.    Amendment of 326B (When environmental investigation required)
   128.    Insertion of new s 326BA
           129. Amendment of s 326C (Content of investigation notice)
   130.    Insertion of new s 326DA
           131. Amendment of s 358 (When order may be issued)
   132.    Amendment of s 363F (Definitions for pt 5B)
   133.    Amendment of s 363G (Who are the prescribed persons for a contamination incident)
   134.    Amendment of s 363M (Who are the prescribed persons for a contamination incident)
   135.    Replacement of ch 7, pt 8 (Contaminated land)
   136.    Amendment of s 520 (Dissatisfied person)
   137.    Amendment of s 564 (Definitions for pt 3)
   138.    Amendment of s 568 (Auditor's functions)
   139.    Insertion of new s 574BA
           140. Insertion of new ch 13, pt 23, div 3
   141.    Amendment of sch 2 (Original decisions)
   142.    Amendment of sch 4 (Dictionary)
           Part 6--Amendment of Nature Conservation Act 1992
   143.    Act amended
   144.    Insertion of new pt 5, div 10
           Part 6A--Amendment of Sustainable Planning Act 2009
   144A.   Act amended
   144B.   Amendment of s 970 (Continued effect to make payment)
           Part 7--Amendment of Waste Reduction and Recycling Act 2011
           Division 1--Preliminary
   145.    Act amended
           Division 2--Amendments commencing on assent
   146.    Amendment of s 5 (Approach to achieving Act's objects)
   147.    Amendment of s 15 (What may be included in State's waste management strategy)
   148.    Amendment of ch 4, hdg (Management of priority and other products)
   149.    Replacement of s 74 (Purpose of chapter)
   150.    Insertion of new s 74A
           151. Amendment of ch 4, pt 2, hdg (Priority products)
   152.    Amendment of s 75 (Preparation and notification of draft priority product statement)
   153.    Amendment of s 76 (Requirements for draft priority product statement)
   154.    Replacement of s 77 (What are the priority product criteria for a product)
   155.    Amendment of s 78 (Inclusion of invitation for voluntary product stewardship scheme)
   156.    Amendment of s 79 (Finalisation of priority product statement)
   157.    Amendment of s 80 (Approval of final priority product statement)
   158.    Amendment of s 81 (Minor amendment of priority product statement)
   159.    Amendment of s 82 (Review of priority product statement)
   160.    Amendment of s 90 (Requirements for accreditation)
   161.    Amendment of s 91 (Accreditation)
           162. Amendment of s 98 (Regulation about product stewardship)
   163.    Amendment of s 266 (Protection of officials from liability)
   164.    Amendment of schedule (Dictionary)
           Division 3--Amendments commencing by proclamation
   165.    Amendment of s 5 (Approach to achieving Act's objects)
   166.    Amendment of s 76 (Requirements for draft priority statement)
   167.    Replacement of ch 8 (Approval of resource for beneficial use)
   168.    Amendment of s 245 (Definitions for ch 11)
   169.    Amendment of s 268 (Executive officer may be taken to have committed offence)
   170.    Replacement of ch 16 (Repeal and amendment of other legislation)
   171.    Amendment of schedule (Dictionary)
           Part 8--Amendment of Wet Tropics World Heritage Protection and Management Act 1993
   172.    Act amended
   173.    Amendment of s 34 (Protection from liability)
           Part 9--Consequential and minor amendments
   174.    Acts amended in sch 1
           SCHEDULE 1 -- CONSEQUENTIAL AND MINOR AMENDMENTS