Queensland Subordinate Legislation as Made

ENVIRONMENTAL PROTECTION REGULATION 2008 NO. 370

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

           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 pt 2
   6.      Prescribed matters for draft terms of reference—Act, s 41(2)(d)
   7.      Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g)
   8.      Prescribed way for publishing TOR notice and EIS notice
   9.      Prescribed matters for EIS assessment report—Act, s 59(e)
   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
   13.     Period for deciding whether EIS may proceed—Act, s 49

           CHAPTER 3--ENVIRONMENTALLY RELEVANT ACTIVITIES
           Part 1--Chapter 4 activities
           Division 1--Preliminary

   14.     What is the aggregate environmental score for a chapter 4 activity
   15.     Meaning of scheduled area
   16.     Meaning of year for carrying out chapter 4 activity
           Division 2--Prescribed activities
   17.     Activities prescribed as environmentally relevant activities—general
           Division 3--Prescribed activities for development applications
           Subdivision 1--Development applications for wild river areas
   18.     Exempt environmentally relevant activity—Act, s 73AA
   19.     Other prescribed activities—Act, s 73AA
           Subdivision 2--Development applications that may require financial assurances
   20.     Prescribed activity for requirement for financial assurances—Act, s 364
           Division 4--Other matters
   21.     Untreated clinical waste disposal
   22.     Codes of environmental compliance for chapter 4 activities
           Part 2--Petroleum activities
   23.     Petroleum activities prescribed as level 1 and 2 petroleum activities
   24.     What is the aggregate environmental score for a level 1 petroleum activity
           Part 3--Mining activities
           Division 1--Preliminary
   25.     What is a category A environmentally sensitive area
   26.     What is a category B environmentally sensitive area
   27.     Meaning of riverine area
   28.     What is significantly disturbed land
           Division 2--Prescribed criteria
   29.     Criteria for mining activities—Act, s 151
   30.     Criteria under any environmental authority (mining activities)
   31.     Criteria under environmental authority (mining lease)
   32.     Criteria under other environmental authorities (mining activities)
           Division 3--Aggregate environmental score
   33.     What is the aggregate environmental score for a level 1 mining project
           Division 4--Codes of environmental compliance
   34.     Codes of environmental compliance for mining activities
           Division 5--Prescribed periods for chapter 5 of the Act
           Subdivision 1--Applications for environmental authority (mining claim)
   35.     Refusal period for application—Act, s 173
   36.     Period for giving draft environmental authority—Act, s 175
           Subdivision 2--Applications for environmental authority (exploration) and environmental authority (mineral development)
   37.     Assessment period for EM plan assessment report—Act, s 191
   38.     Period for decision—Act, s 193
           Subdivision 3--Applications for environmental authority (mining lease)
   39.     Assessment period for EM plan assessment report—Act, s 205
   40.     Refusal period for application—Act, s 207
           Subdivision 4--Amendment applications
   41.     Period for assessment level and EIS decisions—Act, s 246
   42.     Period for deciding amendment application—Act, s 257
           Subdivision 5--Surrender applications
   43.     Period for surrender application—Act, s 270
   44.     Period for giving FRR assessment report—Act, s 276
   45.     Period for deciding surrender application—Act, s 277

           CHAPTER 4--REGULATORY REQUIREMENTS
           Part 1--Preliminary
           Division 1--Purpose

   46.     Purpose of ch 4
           Division 2--Interpretation
   47.     Definitions for ch 4
   48.     Meaning of environmental management decision
   49.     Meaning of monitoring
           Part 2--Regulatory requirements for all environmental management decisions
   50.     Application of pt 2
   51.     Matters to be considered for environmental management decisions
   52.     Conditions to be considered for environmental management decisions
   53.     Matters to be considered for decisions imposing monitoring conditions
           Part 3--Additional regulatory requirements for particular environmental management decisions
   54.     Application of pt 3
   55.     Release of water or waste to land
   56.     Release of water, other than stormwater, to surface water
   57.     Release of stormwater
   58.     Release of water or waste to particular wetlands for treatment
   59.     Activity involving berthing, docking or mooring a boat
   60.     Activity involving storing or moving bulk material
   61.     Activity involving acid sulfate soil
   62.     Activity involving acid-producing rock
   63.     Activity involving direct release of waste to groundwater
   64.     Activity involving indirect release of contaminants to groundwater

           CHAPTER 5--MATTERS RELATING TO ENVIRONMENTAL MANAGEMENT AND ENVIRONMENTAL OFFENCES
           Part 1--Regulated waste

   65.     What is regulated waste
           Part 2--Contaminated land
   66.     Prescribed organisations for contaminated land matters—Act, ss 381, 395 and 410
   67.     Prescribed waste for notifiable activity—Act, sch 3
           Part 3--Noise
           Division 1--Prescribed standards
   68.     Prescribed standards for particular noise standards
           Division 2--Measuring noise
   69.     Purpose of div 2
   70.     Definition for div 2
   71.     Measuring background level
   72.     Measuring source noise
   73.     Measuring source noise for particular noise standards
   74.     Measurement of noises of same type from same premises
   75.     Prescribed instruments—Act, s 490(8)
   76.     Evidentiary provision
           Part 4--Water contamination
   77.     Prescribed water contaminants for Act, ch 8, pt 3C
           Part 5--Air contamination
   78.     Prescribed standard for particular offences relating to air contamination
           Part 6--Record-keeping requirements for particular fuel suppliers
   79.     Application of pt 6
   80.     Records kept by manufacturer
   81.     Records kept by importer

           CHAPTER 6--NATIONAL POLLUTANT INVENTORY
           Part 1--Preliminary

   82.     Purpose of ch 6
   83.     Definitions for ch 6
   84.     Expressions in this part have same meaning as under NPI NEPM
           Part 2--Reporting requirements
   85.     Occupiers of reporting facilities to give information
   86.     Reporting period for reporting facility
   87.     Occupier must keep particular information for 3 years
   88.     Minister may name occupier in report to council
           Part 3--Estimation techniques for emission and transfer data
   89.     Occupier of reporting facility must use estimation technique
   90.     When chief executive may approve estimation technique
   91.     Application for approval of estimation technique
   92.     Deciding estimation technique application
   93.     Approval of estimation technique on chief executive's initiative
           Part 4--Exceptions to reporting requirements
   94.     Exemption on ground of national security
   95.     Claiming exemption on ground of commercial confidentiality
   96.     Deciding claim for exemption on ground of commercial confidentiality
           Part 5--Other matters
   97.     Information not to be used as evidence

           CHAPTER 7--ADMINISTRATION
           Part 1--Devolution of powers
           Division 1--Matters devolved to local government

   98.     Environmental nuisance
   99.     Noise standards
   100.    Water contamination
   101.    Particular chapter 4 activities
   102.    Devolution includes statutory instruments under Act
           Division 2--Matters not devolved to local government
   103.    Clean-up and cost recovery notices
   104.    Record-keeping for particular fuel suppliers
   105.    Enforcing compliance with NPI NEPM
   106.    Particular acts, omissions or activities by or for State or local government entity
   107.    Mobile and temporary activity across local government areas
   108.    Activity carried out at a facility with a non-devolved activity
           Part 2--Enforcement
   109.    Authorised persons—Act, s 445
           Part 3--Review of decisions and appeal
   110.    Original decisions and dissatisfied persons
           Part 4--Registers
   111.    Register of environmental reports
   112.    Register of monitoring program results
   113.    Register of transitional environmental programs
   114.    Register of environmental protection orders
   115.    Register of authorised persons

           CHAPTER 8--FEES
           Part 1--Fees generally

   116.    Fees payable under Act
           Part 2--Fees for devolved matters
   117.    Fees and discounts made by resolution or local law
           Part 3--Annual fees
           Division 1--General matters
   118.    Meaning of annual fee
   119.    Annual fee to accompany particular applications
   120.    Annual fee for particular development applications, registration certificates and environmental authorities
           Division 2--Reduced annual fees in particular circumstances
           Subdivision 1--Preliminary
   121.    Purpose of div 2
   122.    Definitions for div 2
   123.    What is an approved EMS
   124.    Who is an approved partner
   125.    What is a lower emissions score
           Subdivision 2--Reduced annual fee
   126.    Eligibility for payment of a reduced annual fee
   127.    What is the reduced annual fee
           Subdivision 3--Offences and record keeping
   128.    Application of sdiv 3
   129.    Offence to pay reduced annual fee if not eligible
   130.    Requirement to keep records for reduced annual fee
   131.    Authorised person may require holder to give information or documents
   132.    Requirement to notify change of eligibility
   133.    Refunding difference between annual fee and reduced fee
           Division 3--Amendment applications for environmental authorities
   134.    When supplementary annual fee payable
           Division 4--Credits and refunds
   135.    Credit for annual fee for environmental authority after amendment
   136.    Refund of annual fee if application refused
   137.    Refund of annual fee if replacement environmental authority issued
           Part 4--Other particular fees
   138.    Fee for anniversary changeover application
   139.    Fee for late payment of annual fee
   140.    Fees for transitional environmental programs
           Part 5--Special provision for registration certificate fees
   141.    Circumstances under which fee for registration certificate reduced or not payable
           Part 6--Exemptions
   142.    Administering authority exempt from fees for self-administered activities
   143.    Prescribed local government exempt from fees
   144.    Prescribed charitable institution exempt from fees

           CHAPTER 9--REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS
           Part 1--Repeal

   145.    Repeal of regulation
           Part 2--Transitional and savings provisions
           Division 1--Preliminary
   146.    Definitions for pt 2
           Division 2--Transitional provisions about environmentally relevant activities
           Subdivision 1--General
   147.    General matters for environmentally relevant activities
   148.    Existing development approvals and registration certificates
   149.    Existing applications
           Subdivision 2--Effect of changes to environmentally relevant activities
   150.    Activities that are no longer environmentally relevant activities
   151.    Changes to environmentally relevant activities
           Subdivision 3--Environmental authorities
   152.    Existing environmental authorities
   153.    Changes to environmentally relevant activities
   154.    Existing applications
           Subdivision 4--Particular approvals for environmentally relevant activities
   155.    Particular approvals continue in force for 2 years
           Subdivision 5--Miscellaneous matters for environmentally relevant activities
   156.    Administration and enforcement of particular former environmentally relevant activities devolved to local government
   157.    Codes of environmental compliance for former environmentally relevant activities
           Division 3--Transitional provisions for miscellaneous matters
   158.    Delayed application of fees payable under ch 8
   159.    References to repealed regulation

           CHAPTER 10--CONSEQUENTIAL AMENDMENTS

   160.    Laws amended in sch 11
           SCHEDULE 1 -- MATTERS TO BE ADDRESSED BY ASSESSMENT UNDER EIS

           SCHEDULE 2 -- CHAPTER 4 ACTIVITIES AND AGGREGATE ENVIRONMENTAL SCORES
           Part 1--Aquaculture and intensive animal industry

   1.      Aquaculture
   2.      Intensive animal feedlotting
   3.      Pig keeping
   4.      Poultry farming
           Part 2--Chemical, coal and petroleum products activities
   5.      Alcohol production
   6.      Asphalt manufacturing
   7.      Chemical manufacturing
   8.      Chemical storage
   9.      Hydrocarbon gas refining
   10.     Gas producing
   11.     Oil refining or processing
   12.     Plastic product manufacturing
   13.     Tyre manufacturing or retreading
           Part 3--Energy related services
   14.     Electricity generation
   15.     Fuel burning
           Part 4--Extractive activities
   16.     Extractive and screening activities
           Part 5--Fabricated metal product activities
   17.     Abrasive blasting
   18.     Boilermaking or engineering
   19.     Metal forming
   20.     Metal recovery
   21.     Motor vehicle workshop operation
           Part 6--Food processing
   22.     Beverage production
   23.     Bottling and canning
   24.     Edible oil manufacturing or processing
   25.     Meat processing
   26.     Milk processing
   27.     Seafood processing
   28.     Sugar milling or refining
           Part 7--Metal production and mineral processing activities
   29.     Metal foundry operation
   30.     Metal smelting and refining
   31.     Mineral processing
           Part 8--Miscellaneous activities
   32.     Battery manufacturing
   33.     Crushing, milling, grinding or screening
   34.     Mushroom growing substrate manufacture
   35.     Plaster manufacturing
   36.     Pulp or paper manufacturing
   37.     Printing
   38.     Surface coating
   39.     Tanning
   40.     Textile manufacturing
           Part 9--Non-metallic mineral product manufacture
   41.     Cement manufacturing
   42.     Clay or ceramic products manufacturing
   43.     Concrete batching
   44.     Glass or glass fibre manufacturing
   45.     Mineral wool or ceramic fibre manufacturing
           Part 10--Sawmilling, woodchipping and wooden product manufacturing
   46.     Chemically treating timber
   47.     Timber milling and woodchipping
   48.     Wooden and laminated product manufacturing
           Part 11--Transport and maritime services
   49.     Boat maintenance or repair
   50.     Bulk material handling
   51.     Road tunnel ventilation stack operation
           Part 12--Waste management
   52.     Battery recycling
   53.     Composting and soil conditioner manufacturing
   54.     Drum and container reconditioning
   55.     Regulated waste recycling or reprocessing
   56.     Regulated waste storage
   57.     Regulated waste transport
   58.     Regulated waste treatment
   59.     Tyre recycling
   60.     Waste disposal
   61.     Waste incineration and thermal treatment
   62.     Waste transfer station operation
           Part 13--Water treatment services
   63.     Sewage treatment
   64.     Water treatment
           SCHEDULE 3 -- CODES OF ENVIRONMENTAL COMPLIANCE
           SCHEDULE 4 -- SCHEDULED AREAS
           SCHEDULE 5 -- LEVEL 1 PETROLEUM ACTIVITIES AND THEIR AGGREGATE ENVIRONMENTAL SCORES
           SCHEDULE 6 -- AGGREGATE ENVIRONMENTAL SCORES FOR LEVEL 1 MINING PROJECTS
           SCHEDULE 7 -- REGULATED WASTE
           SCHEDULE 8 -- PRESCRIBED ORGANISATIONS
           SCHEDULE 9 -- PRESCRIBED WATER CONTAMINANTS
           SCHEDULE 10 -- FEES
           SCHEDULE 11 -- CONSEQUENTIAL AMENDMENTS
           SCHEDULE 12 -- DICTIONARY
           Part 1--Extended definitions
   1.      Meaning and calculation of equivalent passenger unit
   2.      Meaning and calculation of standard cattle unit
   3.      Meaning and calculation of standard pig unit
   4.      Meaning and calculation of standard sheep unit
   5.      Meaning of watercourse
           Part 2--Other definitions