Queensland Numbered Acts

WASTE REDUCTION AND RECYCLING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 6 - SECT 10

(1) Section 8, inserted section 110—

omit, insert—

'A mining activity is—

(a) an activity that is an authorised activity for a mining tenement under the Mineral Resources Act; or

(b) another activity that is authorised under an approval under the Mineral Resources Act that grants rights over land.'.

(2) Section 8, inserted section 112, definition eligibility criteria—

omit.

(3) Section 8, inserted section 112—

insert—

'application stage, for an application, means the stage of the assessment process carried out for the application under part 2.

decision stage, for an application, means the stage of the assessment process carried out for the application under part 5.

eligibility criteria, for an environmentally relevant activity, means the eligibility criteria that are in effect for the activity under section 318, 707A or 707B.

information stage, for an application, means the stage of the assessment process carried out for the application under part 3.

notification stage, for an application, means the stage of the assessment process carried out for the application under part 4.'.

(4) Section 8, inserted section 116(2)—

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'(2) An application under subsection (1) may also be made jointly by 2 or more entities.

'(3) This section is subject to sections 117 to 120.'.

(4A) Section 8, inserted section 167(2)—

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'(2) The decision stage for the application starts on the later of the following days—

(a) the day the Coordinator-General gives the proponent a copy of the Coordinator-General's report under the State Development Act;

(b) the day after all other stages applying to the application have ended.'.

(5) Section 8, inserted section 206—

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'(1) This section applies for an environmental authority issued for a resource activity other than a mining activity.

'(2) The environmental authority is taken to include a condition prohibiting the use of restricted stimulation fluids.

Example for subsection (2)—

the use of hydrocarbon chemicals to stimulate the fracturing of coal seams

'(3) The condition mentioned in subsection (2) is taken to be a standard condition imposed on the environmental authority.

'(4) In this section—

restricted stimulation fluids means fluids used for the purpose of stimulation, including fracturing, that contain the following chemicals in more than the maximum amount prescribed under a regulation—

(a) petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene;

(b) chemicals that produce, or are likely to produce, benzene, ethylbenzene, toluene or xylene as the chemical breaks down in the environment.'.

(6) Section 8, inserted section 243, definitions amalgamated corporate authority, amalgamated local government authority and amalgamated project authority—

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'amalgamated corporate authority means an amalgamated environmental authority that is not an amalgamated local government authority or an amalgamated project authority.

amalgamated local government authority means an amalgamated environmental authority for which the holder is a local government.

amalgamated project authority means an amalgamated environmental authority for which the relevant activities are carried out as a single integrated operation.'.

(7) Section 8, inserted section 245—

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'(1) The holder of 2 or more environmental authorities may, at any time, apply to the administering authority for a new environmental authority (an amalgamated environmental authority) for all activities for the authorities.

'(2) However, if an environmental authority is held jointly by 2 or more entities, the environmental authority can not be the subject of an amalgamation application unless all of the environmental authorities, the subject of the application, are held jointly by the same entities.'.

(8) Section 8, inserted section 266(2), from 'A' to 'end—'—

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'Of the following periods that apply to a surrender application, a decision under subsection (1) about the application must be made within the later of the periods to end—'.

(9) Section 8, inserted part 11, heading—

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(9A) Section 8, inserted section 278(2)—

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'(ba) the administering authority has, under section 306, required the holder of the environmental authority to change the amount of financial assurance and the holder has not complied with the requirement;'.

(10) Section 8, after inserted section 284—

insert—

'The holder of an environmental authority may, at any time, apply to the administering authority to suspend the environmental authority (a suspension application).

'(1) A suspension application must—

(a) be made to the administering authority; and

(b) be made in the approved form; and

(c) be accompanied by the fee prescribed under a regulation; and

(d) nominate the period of the proposed suspension.

'(2) The nominated period of the proposed suspension—

(a) must be for at least 1 year from the next anniversary day of the environmental authority; and

(b) can not be for longer than 3 years from the next anniversary day of the environmental authority.

'The administering authority must, within 20 business days after receiving the suspension application, decide whether to—

(a) approve the application; or

(b) refuse the application.

'In deciding the application, the administering authority must consider—

(a) the degree of risk of environmental harm that has already been caused by the relevant activity, or that might reasonably be expected to be caused during the suspension of the relevant activity; and

(b) the likelihood of action being required to rehabilitate or restore and protect the environment because of environmental harm being caused during the suspension of the relevant activity; and

(c) the environmental record of the holder.

'The administering authority may approve the application only if the environmental authority is not subject to conditions requiring rehabilitation.

'(1) The administering authority must, within 5 business days after deciding a suspension application—

(a) if the decision is to approve the suspension of the environmental authority—

(i) record the suspension in the appropriate register, including when the suspension period starts and ends; and

(ii) give the holder of the environmental authority written notice of the decision; or

(b) if the decision is to refuse the suspension—give the holder an information notice about the decision.

'(2) The environmental authority is suspended for the period stated in the decision notice, unless the holder of the environmental authority terminates the suspension before the end of the suspension period.

'(1) The holder of an environmental authority that has been suspended under this part may, by notice given to the administering authority, terminate the suspension of the environmental authority.

'(2) The notice—

(a) may be given—

(i) before the suspension takes effect; or

(ii) during the suspension period; and

(b) must be accompanied by the fee prescribed under a regulation.'.

(11) Section 8, inserted section 318K(b)—

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'(b) the chief executive is satisfied the operator is not suitable to be registered as a suitable operator having regard to the applicant's environmental record.'.

(12) Section 8, inserted section 318R(1)—

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'(1) The chief executive may investigate a person or another entity to help decide whether—

(a) an applicant is suitable to be a registered suitable operator; or

(b) a disqualifying event has happened in relation to the person or another person.'.

Editor's note—

Subsections (1) to (12), legislation ultimately amended—

Environmental Protection Act 1994