Queensland Subordinate Legislation as Made

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ENVIRONMENTAL PROTECTION REGULATION 2008 No. 370 - SECT 28

28 What is significantly disturbed land

(1) Land is significantly disturbed if--

(a) it is contaminated land; or
(b) it has been disturbed and human intervention is needed to rehabilitate it--
(i) to a condition required under the relevant environmental authority; or
(ii) if the environmental authority does not require the land to be rehabilitated to a particular condition--to the condition it was in immediately before the disturbance.
Examples of a disturbance to land--
the covering, compaction, exposure, removal or stockpiling of soil or other material
the destruction or removal of vegetation
the carrying out of a mining activity in a watercourse or wetland
the submergence of an area with a hazardous contaminant, tailings, or water

(2) Without limiting subsection (1)(b), land requires human intervention to rehabilitate it if--

(a) the disturbance has made the land more susceptible to erosion; or
(b) the land use capability or suitability of the land is diminished; or
(c) the quality of water in a watercourse downstream of the land has been significantly reduced.

(3) If land is significantly disturbed land because it is contaminated land, it ceases to be significantly disturbed land if a suitability statement is issued for the land.

(4) If land is significantly disturbed land under subsection (1)(b), it ceases to be significantly disturbed land if the administering authority is satisfied the land has been rehabilitated--

(a) to the condition it was in immediately before the disturbance; or
(b) to another condition decided by the administering authority.


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