ENVIRONMENTAL PROTECTION REGULATION 2019

Queensland Consolidated Regulations

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ENVIRONMENTAL PROTECTION REGULATION 2019

- Made under the Environmental Protection Act 1994
- As at 26 July 2024
- Reg 155 of 2019

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

1. Short title
2. Commencement
3. Definitions
3A. Rounding of amounts expressed as numbers of fee units

CHAPTER 2 - ENVIRONMENTAL IMPACT STATEMENTS

PART 1 - PRELIMINARY

4. Types of project requiring Commonwealth or State authority approval

PART 2 - EIS PROCESS

5. Application of part
6. Prescribed matters for draft terms of reference—Act, s 41
7. Prescribed matters for TOR notice and EIS notice—Act, ss 42 and 52
8. Prescribed way for publishing TOR notice and EIS notice—Act, ss 51 and 558
9. Prescribed matters for EIS assessment report—Act, s 59
10. Other requirements for EIS process

PART 3 - PRESCRIBED PERIODS FOR CHAPTER 3 OF THE ACT

11. Period to advise chief executive about draft terms of reference—Act, s 45
12. Period for finalising terms of reference—Act, s 46

CHAPTER 2A - GREAT BARRIER REEF CATCHMENT

13. Great Barrier Reef catchment—Act, s 75
14. Lots taken to be in particular river basins

CHAPTER 3 - ENVIRONMENTALLY RELEVANT ACTIVITIES

PART 1 - ENVIRONMENTALLY RELEVANT ACTIVITIES—GENERAL MATTERS

Division 1 - Preliminary

15. What is the aggregate environmental score for an environmentally relevant activity
16. Meaning of scheduled area
17. Meaning of concurrence ERA
18. References to carrying out particular environmental activities in a year

Division 2 - Prescribed activities

19. Activities prescribed as environmentally relevant activities—Act, s 19
20. Activities prescribed as extractive activities—Act, s 120

Division 3 - Development application relating to concurrence ERAs

21. Assessing development application for concurrence ERA

Division 4 - Clinical waste disposal

22. Untreated clinical waste disposal

PART 2 - AGRICULTURAL ERAS

Division 1 - Prescribed methodologies for agricultural ERA standards

23. Prescribed methodologies for cultivation of bananas—Act, s 81
24. Prescribed methodologies for cultivation of sugarcane—Act, s 81

Division 2 - Agricultural ERA advice

25. Summary of tailored advice—Act, s 86

PART 3 - PRESCRIBED MATTERS FOR PARTICULAR RESOURCE ACTIVITIES

26. Designated environmental areas
27. Prescribed conditions for small scale mining activities—Act, s 21A
28. Prescribed documents for application for environmental authority for a CSG activity—Act, s 125

PART 4 - ERA STANDARDS

29. Approved ERA standards—Act, s 318D

PART 5 - PLANT OR EQUIPMENT FOR ERAS

29A. Types of plant or equipment for particular organic material processing—Act, s 580

CHAPTER 4 - REGULATORY REQUIREMENTS

PART 1 - PRELIMINARY

Division 1 - Purpose

30. Purpose of chapter

Division 2 - Interpretation

31. Definitions for chapter
32. Meaning of environmental management decision
32A. Meaning of PRCP schedule decision
33. Meaning of monitoring

PART 2 - REGULATORY REQUIREMENTS FOR ALL ENVIRONMENTAL MANAGEMENT DECISIONS

34. Application of part
35. Matters to be complied with for environmental management decisions
36. Conditions to be considered for environmental management decisions
37. Matters to be considered for decisions imposing monitoring conditions
38. Prescribed standard criteria for environmental management decisions

PART 3 - ADDITIONAL REGULATORY REQUIREMENTS FOR PARTICULAR ENVIRONMENTAL MANAGEMENT DECISIONS

39. Application of part
40. Release of water or waste to wetlands for treatment
41. Activity involving direct release of waste to groundwater
41AA. Release of particular contaminants to Great Barrier Reef catchment waters and other waters
41AB. Transhipping activity within particular areas
41AC. Organic material processing

PART 4 - REGULATORY REQUIREMENTS FOR PRCP SCHEDULE DECISIONS

41A. Application of part
41B. Requirements for PRCP schedule decisions
41C. Additional requirement for PRCP schedule decisions—void situated wholly or partly in flood plain

CHAPTER 5 - MATTERS RELATING TO ENVIRONMENTAL MANAGEMENT AND ENVIRONMENTAL OFFENCES

PART 1 - CATEGORISATION OF COMMERCIAL WASTE AND INDUSTRIAL WASTE

Division 1 - Regulated waste, category 1 regulated waste and category 2 regulated waste

42. Meaning of regulated waste
43. Meaning of category 1 regulated waste and category 2 regulated waste

Division 2 - Testing waste

44. Purpose of division
45. Taking samples
46. Testing samples
47. Retesting of waste
48. Results of testing
49. Offence relating to sampling and testing

Division 3 - Notification, reporting and record keeping

50. Definitions for division
51. Generator must notify and report changes
52. Generator must keep records
53. Receiver must keep records

PART 2 - PUBLIC NOTICE FOR NOTIFYING ENVIRONMENTAL HARM

54. Public notices—Act, s 320, definition public notice

PART 3 - CONTAMINATED LAND

55. Prescribed waste for notifiable activity—Act, sch 3

PART 4 - NOISE

Division 1 - Prescribed standards

56. Prescribed standards for background level, Z Peak and Z Peak Hold

Division 2 - Measuring noise

57. Purpose of division
58. Definition for division
59. Measuring background level
60. Measuring source noise
61. Measuring source noise for particular noise standards
62. Measurement of noises of same type from same premises
63. Prescribed instruments, equipment and installations—Act, s 490
64. Evidentiary provision

PART 5 - WATER CONTAMINATION

65. Prescribed water contaminants—Act, s 440ZF

PART 6 - AIR CONTAMINATION

66. Prescribed standards for particular offences relating to air contamination

PART 7 - RECORD-KEEPING REQUIREMENTS FOR MANUFACTURE OR IMPORT OF FUEL

67. Application of part
68. Records kept by manufacturer
69. Records kept by importer

PART 8 - STATUTORY CONDITION FOR ENVIRONMENTAL AUTHORITY FOR PARTICULAR RESOURCE ACTIVITIES

70. Prescribed maximum amount for chemicals—Act, s 206

PART 9 - WASTE TRACKING

Division 1 - Preliminary

71. Waste transportation to which this part applies
72. Meaning of waste handler, generator, transporter and receiver
73. Fee for giving prescribed information

Division 2 - Prescribed matters for giving of information

74. Prescribed information
75. Prescribed way of giving information
76. Prescribed period for giving information

Division 3 - Obligations of waste handlers

Subdivision 1 - Transportation within Queensland

77. Application of subdivision
78. Responsibilities of generator
79. Responsibilities of transporter
80. Responsibilities of receiver
81. Responsibilities of waste handler acting in more than 1 capacity

Subdivision 2 - Transportation into Queensland

82. Application of subdivision
83. Responsibilities of transporter
84. Responsibilities of receiver
85. Responsibilities of waste handler acting in more than 1 capacity

Subdivision 3 - Transportation out of Queensland

86. Application of subdivision
87. Responsibilities of generator
88. Responsibilities of transporter
89. Responsibilities of waste handler acting in more than 1 capacity

Division 4 - Miscellaneous

90. Application of provisions to agents
91. Giving information to administering authority in prescribed form
92. Approval of ways of giving information to administering authority
93. Consignment numbers for waste transported into Queensland
93A. Additional responsibility of transporter of odorous feedstock
94. Exemptions
95. Emergencies
96. Trackable waste to be given only to licensed transporter
97. Generator identification number

CHAPTER 6 - WASTE MANAGEMENT BY LOCAL GOVERNMENTS

PART 1 - PRELIMINARY

98. Application of chapter
99. References to local government
100. Meaning of serviced premises

PART 2 - WASTE MANAGEMENT IN LOCAL GOVERNMENT AREAS

Division 1 - Storage of general waste

101. Owner or occupier of relevant premises to supply waste containers
102. Requirements for storing general waste in waste containers
103. General requirements for keeping waste containers at serviced premises
104. Other requirements for storing general waste at particular serviced premises

Division 2 - Removal of general waste

105. Local government may give notice about removing general waste
106. Depositing or disposal of general waste from premises other than serviced premises

Division 3 - Storage and treatment of industrial waste

107. Requirements for storing industrial waste
108. Requirement to treat industrial waste for disposal

Division 4 - Compliance notices

109. Authorised person may give notice to comply

PART 3 - REQUIREMENTS AND RESTRICTIONS FOR WASTE FACILITIES

110. Depositing waste at waste facility
111. Restrictions on burning waste at waste facility
112. Restrictions on use of waste facility
113. Waste transporter to comply with directions and give information

CHAPTER 7 - NATIONAL POLLUTANT INVENTORY

PART 1 - PRELIMINARY

114. Purpose of chapter
115. Definitions for chapter
116. Expressions in this part have same meaning as under NPI NEPM

PART 2 - REPORTING REQUIREMENTS

117. Occupiers of reporting facilities to give information
118. Reporting period for reporting facility
119. Occupier must keep particular information for 3 years
120. Minister may name occupier in report

PART 3 - ESTIMATION TECHNIQUES FOR EMISSION AND TRANSFER DATA

121. Occupier of reporting facility must use estimation technique
122. When chief executive may approve estimation technique
123. Application for approval of estimation technique
124. Deciding estimation technique application
125. Approval of estimation technique on chief executive’s initiative

PART 4 - EXCEPTIONS TO REPORTING REQUIREMENTS

126. Exemption on ground of national security
127. Claiming exemption on ground of commercial confidentiality
128. Deciding claim for exemption on ground of commercial confidentiality

PART 5 - OTHER MATTERS

129. Information not to be used as evidence

CHAPTER 8 - ADMINISTRATION

PART 1 - DEVOLUTION OF POWERS

Division 1 - Matters devolved to local government

130. Environmental nuisance
131. Noise standards
132. Water contamination
133. Particular prescribed ERAs
134. Devolution includes statutory instruments under Act
135. Devolution—waste management in local government areas
136. Devolution—receiving and disposing of waste

Division 2 - Matters not devolved to local government

137. Issuing particular notices and orders
138. Record keeping for particular fuel suppliers
139. Enforcing compliance with NPI NEPM
140. Other particular acts, omissions or activities
141. Mobile and temporary activity across local government areas
142. Carrying out devolved activity and non-devolved activity at a facility

PART 2 - ENFORCEMENT

143. Authorised persons—Act, s 445

PART 3 - REVIEW OF DECISIONS AND APPEAL

144. Original decisions and dissatisfied persons—Act, s 519

PART 4 - REGISTERS KEPT BY ADMINISTERING AUTHORITY

145. Prescribed documents and information for register of environmental reports—Act, s 540
146. Prescribed documents and information for relevant monitoring programs—Act, s 540
147. Prescribed documents and information for register of transitional environmental programs—Act, s 540
148. Prescribed documents and information for register of environmental enforcement orders—Act, s 540
149. Prescribed information for register of authorised persons—Act, s 540

PART 5 - SUITABLY QUALIFIED PERSONS AND AUDITORS

150. Prescribed regulatory function—Act, s 564
151. Prescribed organisations for suitably qualified persons and auditors—Act, ss 564 and 572
152. Guideline for application for approval as auditor—Act, s 570
153. Code of conduct for auditors—Act, s 574D

CHAPTER 9 - FEES

PART 1 - FEES GENERALLY

154. Fees payable under Act
155. Recovery of unpaid amounts

PART 2 - FEES FOR DEVOLVED MATTERS

156. Fees and discounts made by resolution or local law

PART 3 - ANNUAL FEES

Division 1 - General matters

157. Meaning of annual fee
158. Payment of annual fee for first year of environmental authority
159. Annual fee for environmental authority

Division 2 - Reduced annual fees in particular circumstances

Subdivision 1 - Preliminary

160. Purpose of division
161. Definitions for division
162. What is an approved EMS
163. Who is an approved partner
164. What is a lower emissions score

Subdivision 2 - Reduced annual fee

165. Eligibility for payment of a reduced annual fee
166. Documents for eligibility for payment of a reduced annual fee
167. What is the reduced annual fee

Subdivision 3 - Offences and record keeping

168. Application of subdivision
169. Offence to pay reduced annual fee if not eligible
170. Requirement to keep records for reduced annual fee
171. Authorised person may require holder to give information or documents
172. Requirement to notify change of eligibility
173. Refunding difference between annual fee and reduced fee

Division 3 - Amendment applications for environmental authorities

174. When supplementary annual fee payable

Division 4 - Supplementary annual fee for regulated waste transport

175. Supplementary annual fee for regulated waste transport

PART 4 - OTHER PARTICULAR FEES

176. Fee for changing anniversary day applications
177. Fee for late payment of annual fee
178. Fees for transitional environmental programs
179. Fee for termination of suspension of environmental authority

PART 5 - EXEMPTIONS

180. Administering authority exempt from fees for self-administered activities
181. Prescribed local government exempt from fees
182. Prescribed charitable institution exempt from fees
183. Holders of particular environmental authorities exempt from annual fee

PART 6 - REFUND OF APPLICATION FEES

184. Refund of application fee for particular environmental authority

CHAPTER 10 - MISCELLANEOUS

PART 1 - PUBLIC INTEREST EVALUATIONS

184A. Qualifications and experience for carrying out public interest evaluations

PART 2 - GENERAL

185. When annual return must be given—Act, s 316IA
186. Limited amendment of map of Great Barrier Reef wetland protection areas
186A. Circumstances for amending environmental authority for mineral and bulk material handling—Act, s 215
186B. Circumstance for amending environmental authority for organic material processing—Act, s 215
187. (Repealed)
187A. PRCP start date—Act, s 750
187B. Exceptional circumstances in which land taken not to be available for rehabilitation—Act, s 754

CHAPTER 11 - REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS

PART 1 - REPEAL

188. Repeal

PART 2 - TRANSITIONAL AND SAVINGS PROVISIONS FOR SL NO. 155 OF 2019

Division 1 - Preliminary

189. Definition for part

Division 2 - Environmental authorities and environmentally relevant activities

190. Prescribed conditions for small scale mining activities
191. Continued eligibility criteria and standard conditions for sewage treatment activities—Act, s 707A
192. Replacement environmental authorities for organic material processing and waste disposal
193. Replacement environmental authorities for particular prescribed ERAs
194. Replacement environmental authorities for organic material processing
194A. Approved ERA standards continue in effect

Division 3 - Regulatory requirements

195. Regulatory requirements continue to apply

Division 4 - Environmental management and environmental offences

196. Records of generators and receivers for commercial waste and industrial waste
197. Records of waste handlers
198. Applications relating to waste tracking
199. Approvals
200. Consignment numbers
201. Exemptions for transportation of trackable waste
202. Generator identification numbers

Division 5 - Waste management by local governments

203. Local laws about waste management
204. Approvals for depositing or disposal of general waste

Division 6 - National Pollutant Inventory

205. Reporting periods
206. Information kept by occupiers of reporting facility
207. Estimation technique applications
208. Estimation technique approvals
209. Exemptions for reporting requirements

Division 7 - Devolution of powers

210. Continued administration and enforcement

Division 8 - Record requirement for fees

211. Requirement to keep records for reduced annual fee

Division 9 - Miscellaneous

212. References to repealed regulation

PART 3 - TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION (REHABILITATION REFORM) AMENDMENT REGULATION 2019

213. Carrying out PRCP objective assessment for particular PRCP schedule decision

PART 4 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (GREAT BARRIER REEF PROTECTION MEASURES) AND OTHER LEGISLATION AMENDMENT REGULATION 2019

214. Application of s 41AA during transitional period
215. Application of sch 2, pt 2A generally

PART 5 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (REEF PROTECTION MEASURES) AMENDMENT REGULATION 2020

216. Application of ss 214 and 215
217. Application of sch 2, pt 2A to activities on particular land

PART 7 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (TRANSHIPPING ACTIVITIES) AMENDMENT REGULATION 2020

219. Definitions for part
220. Environmental authorities for mineral and bulk material handling
221. Applications for environmental authorities for mineral and bulk material handling
222. Amendment applications for environmental authorities for mineral and bulk material handling
223. Continuing particular activities related to mineral and bulk material handling

PART 8 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (COMMERCIAL CROPPING AND HORTICULTURE ACTIVITIES IN GREAT BARRIER REEF CATCHMENT) AMENDMENT REGULATION 2021

224. Disapplication of s 217
225. Application of sch 2, pt 2A to activities on particular land

PART 9 - TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION (COMPOSTING FACILITIES) AMENDMENT REGULATION 2024

226. Regulatory requirement for decision about environmental authority for organic material processing
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 8A
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 13
SCHEDULE 14
SCHEDULE 15
SCHEDULE 16
SCHEDULE 17
SCHEDULE 18
SCHEDULE 18A
SCHEDULE 19

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